20090463 Ver 1_More Info Received_20101203

*- S&ME
December 1, 2010
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Steve Chapin, Regulatory Specialist
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Attention: Mr. Ian McMillan, 401 Permitting Unit Coordinator
Reference: Nationwide Permit No. 12 and Water Quality Certification 3699
Extension Request
McKee Interceptor Project r @ c uf?
Cabarrus County, North Carolina L53
S&ME Project No. 1357-03-424A DEC 0 3 2010
USACE Action ID No. 200803346
DWQ No. 090463 DENR-W4FROLIALITY
WETLANDS MID ,,,TOit.,7cftTER BRANCH
Dear Mr. Chapin and Mr. McMillan:
S&ME, Inc. (S&ME), working with Woolpert, Inc. (Woolpert) on behalf of the applicant
Charlotte Mecklenburg Utilities (CMU), hereby submits a request for extensions of
project authorizations under Nationwide Permit (NWP) No. 12 and the corresponding
Water Quality Certification (WQC) 3699. These authorizations, issued in May 2009,
were for approximately 20 linear feet (If) of permanent stream impacts and 0.05 acre of
wetland impacts. The authorizations are set to expire in May 2011. The reason for the
need for extension of authorization is that there have been some construction delays
associated with the project.
The McKee Creek Interceptor begins near the Mecklenburg County/Cabarrus County line
(35.25798°N, 80.64664°W) and extends northeast (paralleling McKee Creek) to its tie
into the Reedy Creek Interceptor (35.28776°N, 80. 62907°W). The McKee Creek
Interceptor project involves installation of approximately 12,8001f of gravity sewer in
Cabarrus County, North Carolina. The proposed pipe size is 24 inches in diameter.
Permanent utility easements will be 60 feet, of which 10 feet will be maintained. The
project will provide new sanitary sewer service in the McKee Creek Basin and is
designed to accommodate predicted flows through the 2050 design year in Cabarrus
County. The proposed project will convey wastewater to the Reedy Creek Interceptor
(USACE Action ID No. SAW-2008-01353-360), from which it will travel through the
Lower Rocky River Influent Pump Station and ultimately be conveyed to and treated at
the Rocky River Regional Wastewater Treatment Plant located in Cabarrus County.
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Request for NWP No. 12 and WQC 3699 Extension
McKee Interceptor Project
S&ME Project No. 1357-03-424A
December 1, 2010
Since the issuance of the original authorizations in May 2009, minor design changes have
occurred. Design changes increased the total linear t®otage of the sewer line from 121800
linear feet (if) to 13,010 if The additional 210 if of sewer line is the result of the
relocation of a flow meter station from Cabarrus County to Mecklenburg County. The
relocation of the flow meter station does not result in additional impacts different frorn
the original permitted impacts.
Construction delays have been due to a combination of factors, including the current
economic conditions, delayed funding acquisition, the minor design changes, and the
discovery of an Ecosystem Enhancement Program (EEP) easement, obtained by a
landowner during easement acquisition by WSACC. As a result of delayed funding and
negotiations with EEP to resolve the easement encroachment and anticipated design
changes, construction of the proposed project is not anticipated to commence until after
January 2011. Though minor design changes will be implemented to accommodate
requests from EEP, no additional impacts will be incurred. Construction duration for the
approximately 13,010 if gravity sewer is estimated to be one year, well beyond the May
2011 permit expiration. Therefore, on behalf of Woolpert and CMU, we are requesting
an extension of the current NWP and WQC authorizations to accommodate construction
scheduling.
We appreciate your consideration in this matter. If you have questions, or need further
information, please do not hesitate to contact us.
Sincerely,
S&ME
Crystal Fox
Natural Resources Staff Professional

Michael Wolfe, C.S.E.
Natural Resources Department Manager
Senior Reviewed by Dane A. Horna, P.E.
CJF/EMW/cjf
Attachments: Copy of the current NWP No. 12 and WQC 3699 authorizations
Cc: Paul Watson, Woolpert
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-03346 County: Cabarrus USGS Quad: Harrisburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: _ Charlotte-Mecklenburg Utilities Attn: Dennis Gwaltney
Address: 5100 Brookshire Boulevard
Charlotte, NC 28216
Telephone No.: 704-391-5080
Size and location of property (water body, road nametnumber, town, etc.): McKee Creek Interceptor Project in and
ad acent to McKee Creek and unnamed tributaries occupying approxhnately 17.8 acres of land from the
Mecklenburg-Cabarrus County Line to Reedy Creek near Harrisburg
Description of projects area and activity: Install approximately 12,800 feet of 24-inch diameter, gravity sewer line
crossing McKee Creek, 3 unnamed tributaries and adlacent wetlands The proposed project will result in
temporary impacts to 250 Mear feet of stream channel 2.91 acres of wetland and ermanent impacts to 20 linear
feet of stream channel with 0.05 acres of wetland . Open trenching and temporary cofferdams will be utilized to
facilitate installation.
Applicable Law: X 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. 12
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 (ie., 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 (CAMA),
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 ft verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Steven Lund at telephone [phone].
Corps Regulatory Official: Steven Lund 1A) IL . Date: May 21.2009
Expiration Date of Verification: Mav 21, 2011
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 bM:ww.saw usace army miVWETLANDStinndex html to
complete the survey online.
Page 1 of 2
Determination of Jurisdiction:
? 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).
? 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.
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 (CVGA)(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.
X The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 13 Mar 2009 . Action ID SAW-2008-03346
Basis of Jurisdictional Determination: -McKee Creek is a perennial channel (RPW) flowing to Reedy Creek which flows to the
Rocky River, a traditionally navigable water (TNW)Corps Regulatory Official: Steven Lund A vi ?(_ Date May 21, 2009

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: Lisa Beckstrom, S&ME, Inc., 9751 Southern Pine Blvd., Charlotte, NC 28273
Page 2 of 2

Action ID Number: SAW-2008-03346 County: Cabarrus
Permittee: _ Charlotte-Mecklenizurg Utilities NW 12, McKee Creek Interceptor
Date Permit Issued: May 21, 2009
Project Manager: Lund
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:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a 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 condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
,nppucant: Unarlotte-Mecklenburg Utilities ! File Number 2008-03346
Attached is.
INITIAL PROFFERED PERMIT (Standard permit or Letter of
PROFFERED PERMIT (Standard Permit or Letter of
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMIlVARY JURISDICTIONAL DETERMINATION
Date: May 21, 2009
See Section below
A
B
C
D
E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may acceptor appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal time declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form most be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Mr. Steven Lund, Project Manager
CESAW-RG-A
US Army Corps of Engineers, Wilmington District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
RIGHT. OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: -Telephone number.
of appellant or
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
X
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. Dennis Gwaltney
Charlotte-Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: McKee Creek Interceptor, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gwaltney:
May 22, 2000
DWQ// 09-0463
Cabarrus County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 2.96 acre of wetland (0.05 ac., permanent) and 270 linear feet (10 ( 20 If permanent, McKee Creek) of
stream in order to construct the project in Cabarrus County, as described in your application received by the
Division of Water Quality (DWQ) on April 23, 2069. Aftef reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3699, which can be viewed on our web
site at http://l12o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit
Number 12 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained.
3. The forested wetland areas outside of the permanent maintained easement shall be planted with woody
vegetation (native specie trees). All wetlands, streams, surface waters, and riparian buffers located on the
project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to
any land disturbing activities.
Mooresville Regional Office One
Location: 810 East Center Avenue, Suite 301, Mooresville, NC 28115 NQ :thCarOllna
Phone: [phone]X Fax: (704) &63-60401 Customer Service: 1-877-623,6748 Internet: www:ncwatarguality org l ?]/
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/70% Post Consumer Pacer
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 it the
streambed, unless approved by the DWQ.
5. Sediment and erosion control measures shall not be planed in wetlands or waters without prior approval from
DWQ. If approved, they shall be removed and the natural grade restored within two months of the date of
the close o1-.it/stabilization of the given drainage area.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Cornpletion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
7. Continuing Compliance. The applicant (Charlotte-Mecklenburg Utilities) 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 failure 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
21-1.0507(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 21-1.0504. 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 riot 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 1508 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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
i icerely,
c
far Coleen 1-1. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
S&ME Charlotte Office
Certificate of Cornnletion
J)NVQ Projeci No
Applicant:
Y
i
i
County:
i r' f
Project dame: ; r i' r c {
Date of Issuance of -101 W.1ter. Quality Certihcatiorn:
t "on completion of all "Prh appawed "ithin the 401 Water QuOIN), Certification and Boner Doles,
and any subsequent modilications, the applicant is required to return this certifw,Ile tip the
101 A etlands t_'nit. , forth Carolina INOsion of "'ater Qu dQ% 1650 Mail Service Center. Raleigh.
NC. 27699.16-50. I-his from may be returned to D%VQ by the applicant. the applicant's authorized
agelit, or the project engineer. It is not necessary tai send certificates from all of Chest:.
Applicant's Certijicalion
I. hereby state that. to the best of my abilities. due care and
dill-'slice was used in the obso itlon of the construction such that tl}e coll-strucilon wns observed to
molt within substanti..il conil?liancc and intent of the 401 Water (lnal ity Anilication and Buffer
Rules. the approved plans and specifications. and other suppnriing iuateriitls.
Signature:
-Age nt's Certification
Date:
i . hereby state that. to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent ofthe 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
If this project iras designed 4t, a CerNfred Professional
Date:
as a duly registered Professional _
(i.e,, Engineer, Landscape Architect, %veyou ek) in the State of North Carolina, having been
authorize(I to observe (periodically; weekly, full time) the construction ofthe project; for the
Permittee hereby state that, to the best of toy abilities, clue care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.

Signature: _ Registration No.: Date:
Notice Of Initiatiotl of Construction
To he completed by DJ-VQ
1)WQ Project No. Count-v:
J- r -
Applicant:
/Zi
,n
1 `
Project .FCt Name: ,/, C. ,.
i
Date of Issuance of 401 Water Quality Certification:
Upon initiation of ?Ms approved by the issuance of this 401 %Vater Quality CertilicationiBufCei•
Authorization, the applicant is required to return this notice (condition )!1 per appro.°il]} to:
DDS'()-SWP Section, Nlooresville lte,ional office
61 () last Center Avenue. Staite 301
Mooresville. NC 281)
Or
Fax to the attention of Man Johnson at: 704-663-6040
Al)plicn?rll, iiilhori e(I A exit's Cel- iJicatioll
hereby state that. to the best of mgr abilities, due care and
diligeme the approved impacts have begun to be constructed. The proposed impacts are to be
installed/constnictedicoinpleted within substantial compliance and intent of the 401 eater Quality
Certification/Buffer Rule Authorization, the approved plans and specifications, and other supporting
materials.
Date of initiation of Construction:
Signature.
Date:
Title: