20071778 Ver 2_401 Applications_20100209

LOSE
&ASSOCIATES, INC.
LANDSCAPE ARCHITECTURE- ARCHITECTURE ENGINEERING- PLANNING
Member
American Society of December 1, 2009
Landscape Architects
American Institute of
Architects
N.C. Division of Water Quality
Civil vil Engineers A Society of Attn: Mr. Alan Johnson
401/Wetland Unit
American Planning
Institute
610 East Center Avenue, Suite 301
Mooresville, NC 28115
p1-cil%
Asheville Regulatory Field Office
Attn: Mr. Steve Chapin
U.S. Army Corp. of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Re: Toby Creek, LA Project #05181
Mecklenburg Co., North Carolina
This greenway project was originally scheduled to have been completed by now,
however local funding shortages due to the decline in the economy delayed its
development.
Once the American Recovery and Reinvestment Act (ARRA) funding source (through
the NCDOT) became available, the county decided to again pursue the project and spent
many months satisfying the requirements of the ARRA and NCDOT to acquire the
funding. As of this date, the county has secured ARRA funding from the NCDOT and
wishes to construct the project starting early in 2010.
Because our originally applications with the USACOE and NCDENR DWQ are set to
expire in February 2010 and it's likely that the disturbances won't be complete until late
in 2010, please find enclosed a renewal application PCN form for the previously issued
ACOE 404 and NCWQ 401 permits for the Toby Creek Greenway located in
Mecklenburg County, NC. The plans and project specifications have not changed in
regards to stream or wetland impacts since the existing permits were issued. We hope that
an extension of the permits can be granted fairly easily so that this ARRA funded project
can move forward as soon as possible.
Sincerely,
LOSE ?o1es, IATES, INC.
BrendaE
QRR c?[ 9 0 d9 =3?
FEB 0 0 2010
DEh *ATER QUALITY
WETLANDS AND STORMWATERNA"CH
cc: Gwen Cook, Whit Alexander
Corporate Office: 1314 5th Avenue North, Suite 200 • Nashville, Tennessee 37208 • Phone [phone] • Fax [phone]
Georgia Office: 220 W Crogan Street, Suite 100 • Lawrenceville, Georgia 30045 • Phone [phone] • Fax [phone]
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 1 - 1 -I 1 %
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 42
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ® Note: Payment through NCEEP has already been made by Mecklenburg
Parks and Recreation, see enclosed letter dated February 26, 2008.
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name:_ Mecklenburg County Parks and Recreation Department
Mailing Address: 5841 Brookshire Blvd.
Mecklenburg NC 28216
Telephone Number: [phone] Fax Number:_ [phone]
E-mail Address: gwen.cook&mecklenbur cg_ountync.gov
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Lose & Associates, Inc.
Company Affiliation: Designer
Mailing Address: 13145 1h Avenue North, Suite 200
Nashville, TN 37208
Telephone Number: [phone] Fax Number: [phone]
Updated 11/1/2005
Page 5 of 12
E-mail Address: bboles&loseassoc.com
III. Project Information
5.
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Toby Creek Greenway
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 049-311-02
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers/names, landmarks, etc.): 9201 University City
Blvd. Charlotte, NC 28233-0001.
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON
6. Property size (acres)
6.12
attach a sheet that
oW
7. Name of nearest receiving body of water: Toby Creek/Mallard Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See Attachment
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
See Attachment
I L.Explain the purpose of the proposed work:
See Attachment
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Jurisdictional determination has been performed by our environmental
consultant See attached report. See attached copies of previously issued 404 and 401 permits
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future ACOE 404 or NCWO 401 permits are anticipated at this time
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: See Attachment.
Updated 11/1/2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
W1 Greenway Trail Forested Yes 40 0.007
W2 Greenway Trail Forested Yes 30 0.017

Total Wetland Impact (acres) 0.024
3. List the total acreage (estimated) of all existing wetlands on the property:2.13
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage- multinly length X width then divide by 41 560
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
S I Toby Creek Greenway Trail Perennial 25' 119' 0.030
S2 Toby Creek Trib. Trail Culvert Perennial 15' 20 0.006
S3 Toby Creek Trib. Trail Culvert Perennial 10' 33 0.005
S4 Toby Creek Trib. Trail Culvert Perennial 15' 30 0.009
S5 Toby Creek Trib. Trail Culvert Intermittent 10' 24 0.005

Total Stream Impact (by length and acreage) 226 0.055
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation- dredginu_ floodinu drninnop hrnllrlhpMQ pto
Open Water Impact
Site Number
(indicate on map) _ Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres) 0
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.055
Wetland Impact (acres): 0.024
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.079
Total Stream Impact (linear feet): 226
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See Attachment
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
n/a
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 226 (Previously Satisfied)
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Updated 11/1/2005
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I I Impact Required
Zone i?,,.,.,,.o 4 o+1? Multiplier
I I I 3 (2 for Catawba)
I 2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or. 0244, or .0260.
Updated 11/1/2005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
n/a
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The sreenway is intended to maintain a natural setting and future development is not the purpose of the project
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/Z ///0
Apiplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
Toby Creek Greenway PCN attachment (Revised December 1, 2009)
III. 9. Existing Conditions
The proposed Toby Creek Greenway traverses an alluvial forested floodplain
located immediately to the east of Toby Creek and lies within the easement of an
existing sanitary sewer line. The adjacent land use is primarily the University of
North Carolina at Charlotte (UNCC) campus and associated facilities.
10. Proposed Project Details
The proposed Toby Creek Greenway is located northeast of the City of
Charlotte, Mecklenburg County, North Carolina within the Yadkin River
Watershed. The project area is depicted on the Harrisburg U.S. Geologic
Survey (USGS) 7.5-minute topographic quadrangle map (Figure 1). The project
area is approximately 8,500 feet (1 '/z miles) long and begins at State Route 49
University City Boulevard and terminates at the Toby Creek / Mallard Creek
confluence. Greenway construction will consist of land clearing and grubbing,
grading, and trail surface placement. Limits of construction will be marked with
tree protection fencing and silt fence. Construction equipment will be limited such
to minimize disturbance to stream buffers.
11. Purpose of the proposed work.
Construction is for the purpose of providing a functional and durable greenway
trail for public recreational and UNCC campus use.
VI. 1. Proposed Impacts to Waters of the United States/Waters of the State
The greenway trail will impact four (4) perennial streams and one (1) intermittent stream.
The trail will parallel Toby Creek and run under an existing triple box culvert under Toby
Creek Road. The box culvert has accumulated approximately four feet of silt and debris.
Most of this silt and debris will be removed for this project and one foot will be left for
aquatic life. The stream crossings will be accomplished by circular pipe culverts. The size
and lower quality of these intermittent streams are such that bridging will not be
necessary. The trail will also cross a portion of wetlands that runs parallel to Toby Creek
approximately 0.024 acres. This wetland could not be avoided due to its location.
VII. Impact Justification (Avoidance and Minimization)
To accomplish the goals of the scenic natural greenway setting the trail must parallel the
creek which requires the minor impact of streams and wetlands hydrological connected to
the streams.
a??Ro
a
v
r ?
? ,.. s
+ y
MECKLENBURG COUNTY
Real Estate Services Department
October 17, 2007
Mr. Larry Richardson, P. E.
Lose & Associates, Inc.
1314 5`h Avenue North, Suite 200
Nashville, Tennessee 37208
Dear Mr. Richardson:
This letter shall authorize Lose & Associates, Inc., the firm designing and providing construction
administration services to Mecklenburg County for the Toby Creek Greenway, to act on our
behalf in submitting plans for review and approval to all required regulatory agencies,
Thank you for your cooperation.
Sincerely,
William Richmond, ASLA
Project Manager
PEOPLE PRIDE • PROGRESS • PARTNERSHIPS
1435 w. Morehead Street • Suite 120 • Charlotte, North Carolina 28208 • [phone] • Fax ('104) 432-0633

T1 S. ARMY CORPS OF ENGINEERS
WE.,MINGTON DISTRICT
****MODIFICATION****
Action ID. SAW-2007-03480-360 County: Mecklenburg USGS Quad: Harrisburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Proherty Owner / Authorized Agent: Mecklenburg County Parks & Recreation Department
Address: 5841 Brookshire Blvd.
Charlotte, NC 28216
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Toby Creek Greenwax
Vrolect located at 9201 University City Blvd.; near Charlotte
Pescription of projects area and activity: Construct a greenway trail. As part of the project, Toby
t`reek and 4 unnamed tributaries will need to have culverted crossings installed The protect will
pact 202 LF of perennial stream and 24 LF of intermittent stream In addition, 0.024 acre of
wetlands will be impacted. Previously, this project was authorized under the same Action ID on
11/20/07. However, after further investigation of the stream channels to be impacted, the project
",owrequires compensatory mitigation
MITIGATION:
In order to compensate for impacts to 226 linear feet of stream the permittee shall make payment
to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by
the NCEEP, sufficient to perform the restoration of 226 linear feet of warm water stream in the
Yadkin River Basin, Cataloging Unit 03040105.
Construction within jurisdictional areas on the property shall begin only after the vermittee has
made full payment to the NCEEP and provided a copy of the Dayment documentation to the Corps
that it agrees to accept responsibility for the mitigation work required in compliance with the.
MOU between the NCDENR and the Corps of Engineers Wilmington District, dated November 4,
1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 42
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: February 5, 2008
Expiration Date of Verification: February 5, 20110
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
http://www,saw.usace.army.mil/WETLANDS/index.html to complete the survey online.
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channels on the property are Toby Creek and unnamed tributaries to Toby Creek which flow into Mallard
Creek which flow into the Yadkin River and ultimately flows to the Atlantic Ocean through the Yadkin River
system which is navigable-in-fact at Blewett Falls dam.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Corps Regulatory Official: -Steve Chapin
Issue Date: February 5, 2008 Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Lose & Associates, 1314 5th Avenue North, Suite 200, Nashville, TN 37208
Permit Number: SAW-2007.03480-360
Permit Type: NW42
Name of County: Mecklenburg
Name of Permittee: Mecklenburg County Parks & Recreation Department
Date of Issuance:
Project Manager:
February 5, 2008
Steve Chapin
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature ofPermittee
Date
Q?aF wiar?,? pL
J ?
O -?
C " ?5 100 *j
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of L•nvironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 28, 2008
DWQ# 07-1778
Mecklenburg County
Ms. Gwen Cook
Mecklenburg County Parks/Recreation
5841 Brookshire Blvd.
Charlotte, NC 28216
Subject: Toby Creek Greenway
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Cook:
You have our approval, in accordance with the attached conditions and those listed below, to impact 226
linear feet (19 of Toby Creek in order to construct the proposed greenway in Mecklenburg County, as described
in your application received by the Division of Water Quality (DWQ) on October 19, 2007 and subsequent
information on January 25, 2008.. After reviewing your application, we have determined that this. project is
covered by Water Quality General Certification Number 3705, which can be viewed on our web site at
http://h2o.enr.state. nc us/ncwetland , The General Certification allows you to use Nationwide Permit Number
42 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed. regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained (or restored via
constructed benches) above and below locations of.each culvert. If any of the existing pipes are or
become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
3. Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made.payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificateshail
occur. NhCtrroIi
r/yrlfllr"A?f?
Norlh Carolina Division or Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet. nwaierqulaity.erd FAX [phone]
An Equal OpportunitylABhmalive Action Employer 50% RecycW10%Post Consumer Paper
The EEP should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the state of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the following
compensatory mitigation requirement:
Compensatory River and Sub-basin
Mitigation Required Number ?j
Stream j 290 (feet) Yadkin 03040105
Wetlands acres
... 1..._.-.._._.__. ?.r_ )
Waters (acres) J_.
4. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be
placed in the streambed, unless approved by the DWQ.
5. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or
erosion of the stream banks.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction
activities associated with this project shall meet, and/or exceed, those requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual and shall be
conducted so that no violations of state water quality standards, statutes, or rules occur.
T Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall.complete and return the enclosed "Certificate of
Completion" form to the 401/Wetl2nds Unit of the NC Division of Water Quality.
9. Continuing Compliance. The applicant (Mecklenburg County) shall conduct all activities in a manner so
as not to contravene any state water quality standard (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements. of state and federal law.
If DWQ determines that such standards or laws are not being met (including the fallure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions
shall be provided to the applicant in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding
unless you ask for a hearing.
It you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-6634
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
forColeen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers. Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Gwen Cook
Mecklenburg Co. Parks and Recreation
5841 Brookshire Blvd.
Charlotte, NC 28216
Project: Toby Creek Greenway
County: Mecklenburg
DWQ #: 07-1778
;; '.N C V A"' ion i o: 2007-03480-360
L V l' No.: I U'-20085942
Amount Paid: 55,370.00
Check Number: 30173412
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAM A Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government pennits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
_. ..... ._ _ _._... s. -__. _ _...
River Basin Stream Credits Wetland Credits buffer l & 11
Ct, (smear feet) (acres) (Sq. Ft.)
?' Caol Warm Ri arian N i
on-Ri arian Coastal Marsh
Yadkin u 0 26 0 0 0 0
03040I0
??
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received withijt 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. lfyou have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, Pi
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Chapin, USAGE -Asheville; Thelma Hemmingway, USACE, Wilmington
Alan Johnson, NCDWQ-Mooresville
Whit Alexander, agent
File
?oY' ... P? ... Protect' Ow itate,
AAA NICDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nceep.net