20090463 Ver 1_401 Application_20110111

Letter of Transmittal
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273
[phone] *S&ME
[phone] fax
North Carolina Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
ATTN: Mr. Ian McMillan
WE ARE SENDING YOU:
? Shop drawings
? Copy of letter
® Attached ? Under separate cover via
? Prints ? Plans ? Samples
? Report ?
A. 1''
the following items:
? Specifications
COPIES DATE NO DESCRIPTION
5 1113/2011 1 Nationwide Permit No. 12 and WQC 3819 Modification of Existing Authorizations
1 1/13/2011 2 Check for $240
THESE ARE TRANSMITTED AS CHECKED BELOW:
? For your records ® For your use and approval
? As requested ? For review and comment ?
? FORBIDS DUE: -I-I_ ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Mr. McMillan, Please find attached the above. This has also been sent to Steve Chapin for his approval
Please do not hesitate to call me at 704.302.7890 with questions or comments Thank you - Crystal Fox
COPY TO: USACE: FILE; Woolpert SIGNED: ( nl?
D ??L.r-.t?; 1?,,,??
JAN 1 4
WEUMi ID- TER $ rn?ewwa,
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally
privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you are
hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited.
DATE: 1.13.2011 JOB NO: 1357-03-424A
ATTENTION: Mr. Ian McMillan
RE: McKee Creek Interceptor Project, Cabarrus County

Over nighted via Fed-Ex

oq- D1 l63 v3
S&ME SFG-001
(Rev. 04/04)
*-S&ME
January 13, 2011
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. ]an McMillan, 401 Permitting Unit Coordinator
Reference: Nationwide Permit No. 12 and Water Quality Certification 3819
Modification of Existing Authorizations
McKee Interceptor Project
Cabarrus County, North Carolina
S&ME Project No. 1357-03-424A
USACE Action ID No. 200803346
DWQ No. 090463
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 this request to modify existing
authorizations under Nationwide Permit (NWP) No. 12 and corresponding Water Quality
Certification (WQC) 3819. The original authorizations, issued in May 2009, were for
approximately 201inear feet (If) of permanent stream impacts and 0.05 acre of wetland
impacts, and are set to expire in May 2011. Please note that the design channesproposed
herein will not result in additional permanent impacts to Waters of the U.S., and as a
result, the impact amounts originally authorized remain the same. Accordingly, this PCN
is being submitted to authorize additional temporary impacts to Waters of the U.S. and
accommodate project delays and construction scheduling in accordance with general and
specific conditions pursuant to the aforementioned NWP No. 12 and WQC 3819.
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-
in with the Reedy Creek Interceptor (35.28776° N, 80.62907° W - see Figure 1,
attached). The McKee Creek Interceptor project involves installation of approximately
12,800 if of gravity sewer in Cabarrus County, North Carolina. The proposed pipe size is
24 inches in diameter. The proposed utility easement will be 60 feet wide, 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 in Cabarrus
County through the 2050 design year. The proposed project will convey wastewater to
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 3819 Modification SBME Project No. 1357-03-424A
McKee Interceptor Protect January 13, 2011
the Reedy Creek Interceptor (USACE Action ID No. SAW-2008-01353-360), and from
there the wastewater will travel through the Lower Rocky River Influent Pump Station
before ultimately being conveyed to and treated at the Rocky River Regional Wastewater
Treatment Plant in Cabarrus County.
Since issuance of the original authorizations in May 2009, design changes have occurred
that have increased total linear footage of the proposed sewer line and resulted in a net
change in temporary impacts to Waters of the U.S. The increase in total linear footage of
the sewer line from 12,8001f to 13,010 if is a result of relocation of a flow meter station
from Cabarrus County to Mecklenburg County. Relocation of the flow meter station will
occur in an upland area and will not result in permanent impacts different from those
originally authorized. Additionally, discovery of an Ecosystem Enhancement Program
(EEP) easement, obtained by a landowner during easement acquisition by the Water and
Sewer Authority of Cabarrus County (WSACC), and the resulting negotiations with EEP
have caused project delays and the associated, unavoidable design changes. Result of the
negotiation with EEP increased temporary impacts to two emergent wetlands previously
authorized for impact, Wetlands E and F, and reduced the sewer easement crossing at
Stream 5 (see attached Plan Sheets, 12, 13 and 15). The net change in impacts is
outlined in Table l below.
Table 1: Wetland and Stream Imnact Channes
SBME Original Proposed
Feature
Figure Plan Sheet
Latitude
Longitude Authorized Change In Total
'
ID No. Temporary Temporary impacts
Impacts' Impacts'
Wetland
E 1 12 and 13 35.2670°N 80.6389°W 0.190 +0.05 0.24
Wetland
F 1 15 35.2606°N 80.6436°W 0.172 +0.004 0.176
Stream
5 1 13 352684°N 80.6385°W 60 - 10 50
_...r_.-•l .... r-_ ... .... ............-...v ... ..v...uye, - ego. w... rv. u.Y ....I-- alb.-.......... Was IQCI
Although an unavoidable net change in impacts has occurred due to design requirements,
the proposed impacts are temporary, and the combined new and original proposed
impacts remain well below NWP No. 12 and WQC 3819 thresholds. Wetlands E and F,
where temporary impacts will increase, are emergent wetlands. These wetlands will be
returned to original grade and contour and restored in accordance with the Restoration
Plan (see attached). The decrease in sewer easement width across Stream 5 decreases
temporary stream impacts by 10 If. Stream 5 will also be restored to its original
dimension, pattern, and profile, and temporarily-cleared areas seeded in accordance with
the Restoration Plan.
As a result of delayed funding and the aforementioned negotiations with EEP,
construction of the proposed project is not anticipated to commence until after January
2011. Construction duration for the approximately 13,010 if gravity sewer is estimated to
be one year, well beyond the May 2011 authorization expiration.
2
Request for NWP No. 12 and WQC 3819 Modification SSME Project No. 1357-03-424A
McKee Interceptor Project January 13, 2011
Based on our conversations with as you, and by copy of this PCN, it is our understanding
that this letter will serve to modify an existing authorization to reflect a net change in
temporary impacts , and to update the duration of the permit authorizations to
accommodate construction delays. 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, Inc.
Joey Lawler, P.W.S. Crystal Fox
Senior Project Manager Natural Resources Staff Professional
Senior Reviewed by Dane A. Horna, P.E.
CJF/JoL/cjf
Attachments: Copy of Agent Authorization
Copy of Completed PCN
Copy of the current NWP No. 12 and WQC 3699 Authorizations
Copy of the S&ME Restoration Plan
Copy of Appropriate Figure and Plan Sheets
Cc: Paul Watson, Woolpert
Alan Johnson, DWQ
3
AGENT AUTHORIZATION FORM
Date: 12.10.08
Project Information
S&1W1E
S&ME Project Name: McKee Creek Interceptor
Type of Project: Jurisdictional Delineation/Permitting
Location: Cabarrus County, North Carolina
Property Owner/Representative Information
Business Name:
Mailing Address:
City, State, Zip Code:
Telephone No.
Contact:
Charlotte-Mecklenburg Utilities
5100 Brookshire Blvd
Charlotte, NC 28216
704-399-2551
Mr. Dennis Gwaltney, P.E.
Agent Information
Business Name:
Street Address:
City, State, Zip Code:
Telephone No.
Contact:
Authorization:
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273
704-608-9408
Ms. Lisa J. Beckstrom, C.W.B., C.E.
I /l / !6L v
N(Y m on behalf of
(Contact Signature) v
L/IQY??P ///R"C/t°h) urq 17k-5 hereby authorize
(Name of Landowner or Project Sponsor)
S&ME to act as agent with the USACE in connection with the
above-mentioned project.
oq - o LA Lo 3 v3
WAT k9'9
1 1 > zi
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
Nil F-
1. Processing -
1a. Type(s) of approval sought from the

Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: McKee Creek Interceptor
2b. County: Cabarrus
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name on Recorded Deed: N/A- Linear corridor project with multiple landowners
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 13
PCN Form - Version 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Property easement owner
4b. Name: Mr. Dennis Gwaltney, P.E.
4c. Business name
(if applicable): Charlotte-Mecklenburg Utilities
4d. Street address: 5100 Brookshire Boulevard
4e. City, state, zip: Charlotte, North Carolina, 28216
4f. Telephone no.: 704-391-5080
4g. Fax no.: 704-398-9180
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Crystal Fox
5b. Business name
(if applicable):
S&ME, Inc.
5c. Street address: 9711 Southern Pine Boulevard
5d. City, state, zip: Charlotte, North Carolina 28273
5e. Telephone no.: 704-302-7890
5f. Fax no.: 704-525-3953
5g. Email address: [e-mail]
Page 2 of 13
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): N/A
Origin: 35.25798°N - 80.64664°W
1 b. Site coordinates (in decimal degrees): Terimus: 35.28776'N - 80. 62907'W
1c. Property size: Within the construction easement: 17.9 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to McKee Creek (13-17-8-4)
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Rocky River Sub-Basin / Upper Yadkin Basin (03040105)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project corridor originates near a residential subdivsion, and then extends through wooded areas, agricultural fields,
and pastures.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.416 acres within the construction easement
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 50 linear feet.
3d. Explain the purpose of the proposed project:
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.
3e. Describe the overall project in detail, including the type of equipment to be used:
The McKee Creek Interceptor project entails installation of approximately 13,010 If of gravity sewer in Cabarrus County.
The proposed section of sewer will be 24 inches in diameter and will convey wastewater parallel to McKee Creek from the
Cabarrus / Mecklenburg County line to the Reedy Creek Interceptor near the confluence of Reedy and McKee Creeks.
Construction will take place in a 60-foot wide cleared construction easement, 10 feet of which will be maintained.
Equipment to be used on the job includes trackhoes, dozers, trucks, sidebooms, welding rigs and boring machines. Upon
completion of the project, a 10-foot wide corridor over the pipeline will be permanently maintained.
The project was originally authorized by the USACE and DWQ in May 2009. Permanent impacts associated with the
original deisgn entailed approximately 20 linear feet (If) of stream and 0.05 acre of wetlands. The original authorizations
are set to expire in May 2011. Design changes currently proposed will not result in additional permanent impacts to
Waters of the U.S., and as a result, the impact amounts originally authorized remain the same. This PCN is being
submitted only to authorize additional temporary impacts to Waters of the U.S. and accommodate project delays and
construction scheduling .
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&ME
Name (if known): Lisa Beckstrom / Suzanne Knudsen Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Notification of Jurisdictional Determination issued by Steve Lund on March 13, 2009 (USACE Action ID No. SAW-2008-
3346)
Page 3 of 13
PCN Form - Version 1.0 November 2008 Version
Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE Action ID No. 200803346, issued May 21, 2009, and DWQ No. 090463, issued May 22, 2009. These permits
were issued for the original pipeline route, which has not yet been constructed.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
The McKee Creek Interceptor is divided into two phases. The downstream phase includes the portion of the McKee
Creek Interceptor in Cabarrus County. The Cabarrus County phase of the project was originally scheduled for
construction in 2010 in support of the incorporation of several private utility systems into the Charlotte-Mecklenburg
Utilities public sewer system.
The upstream phase, McKee Creek Outfall, includes the portion of the McKee Creek Interceptor in Mecklenburg County.
The City of Charlotte has plans to annex additional areas within the McKee Creek Basin in Mecklenburg County in 2011
or later. Since annexation, additional private systems have been impacted by annexation of new areas and the private
utility systems serving these areas are expected to be incorporated into the Charlotte-Mecklenburg utility system.
Construction of the McKee Creek Outfall is proposed in summer 2011.
Page 4 of 13
PCN Form - November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of Type of wetland Forested (Corps - 404, 10 Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary T

W1 ? PET Excavati
on/Temp
Emergent
? Yes ® No ® Corps
® DWQ
0.24
Fill

W2 ? P ® T Excavati
on/Temp
Emergent
? Yes ® No ® Corps
® DWQ
0.176
Fill
W3 ? P ? T ? Yes ? No ? Corps
? DWQ
W4 ? P ? T ? Yes ? No ? Corps
? DWQ
W5 ? P ? T ? Yes ? No ? Corps
? DWQ
W6 ? P ? T ? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts 0.416 Temporary
2h. Comments: This PCN is being submitted only to the additonal temporary imapcts asscoiated with the project's re-design.
The remaining wetland imapcts origianlly authorized will not change.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number - impact intermittent (INT)? length
Permanent (P) or (linear feet)
Temporary (T)
S1 ? P ® T 1,2- Stream 4 ? PER ® INT 1 50
S2 ?P?T ?PER ?INT
S3 ? P ? T ? PER ? INT
S4 ?P?T ?PER ?INT
S5 ? P ? T ? PER ? INT
S6 ?P?T ?PER ?INT
3g. Total stream and tributary impacts 50
Temporary
3h. Comments: Please note that temporary imapcts to Stream 4 asscoiated with the project's redesign have decreased from
60 feet to 50 feet. The remaining stream impacts originally authorized will not change.
IMPACT TYPES: 1) Vegetation clearing and bank disturbance, 2)Temporary trenching for pipe installation.
Page 5 of 13
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts N/A
4g. Comments:
Page 6 of 13
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
5. Pond or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
T
61 ?P?T ?Yes ?No
B2 ?P?T ?Yes ?No
B3 ? P ? T ? Yes ? No
6h. Total buffer impacts
6i. Comments:
Page 7 of 13
PCN Form - November 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Various alignments along McKee Creek were evaluated. Environmental Constraints Maps (ECM) were prepared to
identify environmental and cultural resources constraints to be considered during the preliminary route-selection process.
Constraints identified in each ECM were largely based on a literature review, with some ground-truthing of areas
identified as wetlands by National Wetlands Inventory mapping. Each ECM identified significant natural resources,
including wetlands, Natural Heritage Areas, and Treasure or Champion Trees, in addition to potential cultural resources.
The final alignment, developed by Woolpert in cooperation with CMU, WSACC, and S&ME, was designed to
avoid/minimize potential impacts to wetlands, watercourses, steep slopes, cultural resources, riparian buffers, and other
identified environmental constraints, to all extents practicable, without compromising engineering requirements.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Appropriate sediment and erosion control methods will be implemented prior to initiation of ground disturbance activities
to reduce potential impacts to water quality. Potential sedimentation of streams adjacent to the sewer interceptor during
and following the construction phase of the project will be minimized by implementation of a State-approved sediment and
erosion control plan. This plan will employ a network of sediment traps, rock dam basins, diversion ditches, and/or silt
fencing to control the export of sediment from the construction corridor to adjacent undisturbed areas. Sediment and
erosion control devices will be observed for compliance with construction contract documents during and after
construction, as well as following major storm events, to identify needed repair, maintenance, or redesign.
Cleared wetland areas will be stabilized with a restoration seed mix in accordance with the seed mix specified in the
project's Restoration Plan. Stream banks will be stabilized with jute netting and a native seed mix.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
E3 Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: warm, cool, cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
Page 8 of 13
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
4h.. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
I Total buffer mitigation required:
6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6d. Comments:
Page 9 of 13
PCN Form - November 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? ? Yes ? No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No
2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
management programs (check all that apply)? ? HQW
? ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ? Other:
3b. In which local government's jurisdiction is this project? Cabarrus County
3c. Is this local government certified to implement a state stormwater program? ? Yes ® No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? 0%
4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ® No
General Certifications 3704 and 3705?
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ® No
for each stormwater BMP?
Page 10 of 13
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments: S&ME prepared an Environmental Assessment (EA) for the ® Yes ? No
Reedy/McKee Creeks Interceptor Project which included the McKee Creek
Interceptor. A Finding of No Significant Impact (FONSI) was received on November
15, 2006 (State Clearinghouse File # 07-E-4300-0109).
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ® Yes ? No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
While the McKee Creek Interceptor project provides sanitary sewer that supports future development, local and county
ordinances are in place to mitigate secondary and cumulative impacts. Cumulative impacts associated with the McKee
Creek Interceptor project were satisfactorily addressed with appropriate regulatory agencies, including DWQ, during the
EA process.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
The proposed project will convey wastewater to the Reedy Creek Interceptor (USACE Action ID No. SAW-2008-01353-
360), and from there the wastewater will travel through the Lower Rocky River Influent Pump Station before ultimately being
conveyed to and treated at the Rocky River Regional Wastewater Treatment Plant in Cabarrus County.
Page 11 of 13
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information, continued
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act Yes
® ? No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
S&ME conducted a protected species review and vegetative communities assessment of the project corridor to determine
if current site conditions were suitable for those protected terrestrial species (plants and animals occurring on land) whose
presence may be currently or historically documented in Cabarrus County. S&ME retained The Catena Group (TCG) to
conduct surveys for freshwater mussels along the McKee Creek project corridor.
Based on these protected species reviews, the USFWS concurred that the proposed McKee Creek Interceptor project will
not impact federally protected species known to occur within Cabarrus County.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The project is not located in a coastal or marine area.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Potential for cultural resources within the project corridor was also previously addressed during preparation of the EA for
this project. A scoping letter was submitted to SHPO during the EA process requesting their comments on the proposed
project. SHPO responded that they are not aware of cultural resources affected by the proposed project
and
,
accordingly, had no comment on the project. Additionally, Coastal Carolina Research conducted an archaeological
survey of the project corridor in August of 2003. Their survey report was submitted to SHPO for review who concluded
that the project would not affect any cultural resources eigible for listing in the National Register of Historic Places.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ®Yes ? No
8b. If yes, explain how project meets FEMA requirements: Project area will be restored to it original contours with no
additional aboveground structures outside from manholes, therefore the proposed project will not impact flood elevations.
8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Program GIS
layers.
Crystal J
Fox
. ! January 13,
Page 12 of 13
PCN Form - November 2008 Version
F. Supplementary Information, continued
2011
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 13 of 13
PCN Form - November 2008 Version
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-Mecklengurg Utilities Attn: Dennis Gwaltney
Address: 5100 Brookshire Boulevard
Charlotte, NC 28216
Telephone No.: 704-391-5080
Size and location of property (water body, road name/number, town, etc.): McKee Creek Interceutor Protect in and
adjacent to McKee Creek and unnamed tributaries occupying approximately 17.8 acres of land from the
Mecklenbu Cabarrus Coup Line to Reed Creek near Harrisbur .
Description of projects area and activity: Install apuroaimately 12,800 feet of 24-inch diameter gravity sewer line
crossing McKee Creek, 3 unnamed tributaries and adjacent wetlands. The proposed protect will result in
temporary impacts to 250 linear feet of stream channel, 2.91 acres of wetland and permanent impacts to 20 linear
feet of stream channel with 0.05 acres of wetland . Open trenching and tem ora 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
Activities subject to Section 404 (as indicated above) may also re modify, suspend or revoke the authorization.
e
) Y quire 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 this 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
Date: _ May 21, 2009
Expiration Date of Verification: _ May 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://Www.saw.usace army mil/WETLANDS in
complete the survey online. dex htnil to
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 (COGA)(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) flowine to Reedy Creek which flows to the
Roc River, a traditionally navieable water (TNW)
Corps Regulatory Official: Steven Lund A li ?( 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 AVAII.ABLE.
Copy Furnished: Lisa Beekstrom, S&ME, Inc., 9751 Southern Pine Blvd., Charlotte, NC 28273
Page 2 of 2
HKDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen N. Sullins
Governor Director
Mr. Dennis Gwaltney
Charlotte-Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: McKee Creek Interceptor, Charlotte
APPROVAL of 401 Water Quality Cerlification with Additional Conditions
Dear Mr. Gwaltney:
Dee f=reeman
Secretary
May 22, 2009
DW01f 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, 2009. After 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:/11,2o.enr.state.nc.us/iicwetlaiids. The General Cerlification 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 ??TTo110 t
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 ol-th CarO11I]a
Phone: [phone]Fax: [phone] Customer Service: 1-877-623-6748 {
Internet- .vvAY.ncwalerqualityM aturzilll
An Equal Opportunity!Atfirmative Action Employer - 50% Recycled/10% 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 placed in wetlands or viaters 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 ouUstabilization of the given drainage area.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certlficat,e of
Completion' form to the 401/Wetlands Unit of the NC Division of Water Quality
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(4) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are riot being rnet (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or tlMt furlher 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(4). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
[ ngineers, 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
Perri-ill 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 1508 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This cerlificafion 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.
Sincerely,
i
for Coleen 1-l. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
S&ME Charlotte Office
Restoration Plan
McKee Creek Interceptor
Cabarrus County, North Carolina
This restoration plan has been prepared for the proposed McKee Creek Interceptor project
located in Cabarrus County, North Carolina. While a majority of mitigation for the
proposed project has been accomplished through avoidance and minimization of impacts,
the following plan shall be implemented to restore those stream crossings and wetlands
that are temporarily-impacted through an open-cut method to facilitate installation of the
new sewer line.
Proposed restoration activities will include removal of placed fill material and restoration
of wetland areas and stream banks to original pre-disturbance contours. Excavated
material shall be returned to the trench to the extent possible, and remaining material
relocated and retained on an upland site. Substrate containing roots, rhizomes, seeds, etc.,
will be kept viable and replaced at the surface of the excavated site. A restoration seed
mix will be applied to disturbed areas associated with temporary wetland and stream
crossings. This seed mix (Table 1) will be applied with temporary groundcover species to
provide short-term stabilization of disturbed soil, and will cover the disturbed wetlands
and stream banks from the jurisdictional boundary extending five feet landward.
TABLE 1: SEED MIX FOR RESTORATION*
Common Name Scientific Name Percentage of Mix
Black-eyed Susan Rudbeckia hirta 25
Deertongue `Tioga' Dichanthelium clandestinum 5
Korean lespedeza Kummerowia (Lespedeza) stipulacea 15
Partridge pea Chamaecrista fasciculata 20
Pennsylvania smartweed Polygonum pennsylvanicum 10
Plains coreopsis Coreopsis tinctoria 15
River oats Chasmanthium latifolium 5
Switch grass Panicum virgatum 5
*Apply seed mix at a rate of 40 lbs./acre. Overseed with 20 Ibs/acre annual rye grain (Secale
cereale) and 10 Ibs/acre (oxtail millet (Setaria italica). Overseeding is not optional.
N
49
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Project Terminus
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Project Origin
Peach Orchard Rd

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Area of Alignment Changes and Impact Changes, See Plan Sheets

T? McKee Creek Interceptor
Reedy Creek Interceptor* -?

"NOTE: THE REEDY CREEK INTERCEPTOR WAS PERMITTED ? .
UNDER THE USACE ACTION ID NO. SAW-2008-1353-360.

REFERENCE:
THE ABOVE INFORMATION WAS OBTAINED FROM THE ESRI STREETMAP USA DATASET (2000). PLEASE NOTE
THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER O 0.5 1 1.5
USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY S&ME, INC. ASSUMES NO RESPONSIBILITY FOR
ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Mlles

SCALE: AS SHOWN
FIGURE
SITE VICINITY MAP
DATE: 12-15-2008 S&ME
McKee Creek Interceptor
DRAWN BY: DDH =- Cabarrus County, North Carolina

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