20090463 Ver 1_More Info Received_20110201

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.; S&ME
January 27, 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 J&m?LBUVR
N.C. Division of Water Quality FEB Y 2011
1650 Mail Service Center DIM wuIaQUAUn
Raleigh, North Carolina 27699-1650 WETLMM AIMDSTORAMTM aVjXM
Attention: Mr. Ian McMillan, 401 Permitting Unit Coordinator
Department of Environment and Natural Resources, Mooresville Regional Office
610 E Center Avenue # 301
Mooresville, North Carolina 28115-2578
Attention: Mr. Alan Johnson, Environmental Senior Specialist
Reference: Clarifications for 401 Certification, McKee Creek Interceptor
McKee Interceptor Project
Cabarrus County, North Carolina
S&ME Project No. 1357-03-424A
USACE Action ID No. 200803346
DWQ No. 090463, DWQ No. 09-0463V3
Dear Mr. Chapin, Mr. McMillan, and Mr. Johnson:
Thank you for your recent review of the subject project and approval of Nationwide
Permit No. 12 and Water Quality Certification (WQC) 3819 authorizations for the
McKee Creek Interceptor Project in Cabarrus County, North Carolina. S&ME reviewed
the WQC (DWQ # 09-0463V3) and determined clarification regarding the amount of
authorized impacts was needed. Subsequently, S&ME contacted Mr. Alan Johnson,
DWQ Mooresville Regional Office, to clarify impact authorization totals. S&ME stated
that the temporary impacts included in the modification submittal are in addition to the
previously authorized impacts under DWQ # 09-0463. The original authorized impacts
to wetlands for the McKee Creek Interceptor Project were 2.96 acres (0.05 permanent)
and the impacts to streams were 270 linear feet (If) (201f permanent). The modification
letter submitted on January 13, 2011 was for an increase in temporary impacts to two
wetlands totaling 0.416 acre and a decrease in 10 if of temporary impacts to one stream.
Therefore, a total of 3.376 acres of wetland (0.05 acre permanent) and 260 linear feet (If)
of stream (20 if permanent, McKee Creek) will be impacted as a result of the modified
authorization.
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Clarifications for 401 Certification, McKee Creek Interceptor SWE Project No. 1357-03-424A
McKee Interceptor Project January 27, 2011
Based on our conversation with Mr. Alan Johnson, this letter of clarification will be
included in the project file and a new authorization issued for the additional impacts. We
apologize for any inconvenience and will greatly appreciate your expeditious issuance of
the updated authorizations.
Sincerely,
S&ME, Inc.
Crystal Fox
Natural Resources Staff Professional
Senior Reviewed by Julie Bennett-Hudel, P.G.
CJF/EMW/cj f/JLBH
Attachments:
Copy of the original NWP No.
401 and Original 404)
Copy of the Modified WQC
It /V 1 e
Michael Wolfe, C.S.E
Natural Resources Department Manager
12 and WQC 3699 Authorizations (Original
Cc: Paul Watson, Woolpert
2
AVia
ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, 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 Certification with Additional Conditions
Dear Mr. Gwaltney:
Dee Freeman
Secretary
May 22, 2009
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 (If) ( 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://h2o.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 properly 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. 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 lie
Location: 610 East Center Avenue. Suite 301, Mooresville, NC 28115 1Vc Car0 •na
Phone: [phone]gTax (704) 663-60401 Customer Service: 1=877-623-6748
Internet: www.ncwaterqualibL9M at ji??Y/ y
An Equal Opportunkywhrmative Action Employer - 50% Recycledll.0% Post Consumer Paoer L Kl6s
4. Use of native vegetation and other soft stream bank stabilization techniques must be used whore 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. Sediment and erosion control measures shall not be placed 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 out/stabilization of the given drainage area.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401Metlands Unit of the NG 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
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 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.
t cerely,
for Coleen H. Sullins
Attachments
cc_ Army Corps of Engineers, Asheville
Ian (McMillan, Wetlands Unit
MRO, Land Quality
S&ME Charlotte Office
U.S..ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-03346 County: Cabarrus USGS Quad: Harrisbnr?
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Charlotte-Meeklen ur Utilitiies Attn: Dennis Gwaltney
Address: 5100 Brookshire Boulevard--
Charlotte,-NC-282-1-6
Telephone No.: 704-391.5080
Size and location of property (water body, road.name/number, town, etc.): McKee Creek Interceptor Project in and
ad acent to McKee Creek and unnamed tributaries occnpving approximately 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 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 trenchin 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 (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 (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: - 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 http://www.saw usace army miUWETLAy1?S(?dex 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 acti on 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 (CVA)(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 uerennial channel (RPW) flowing to Reedy Creek which flows to the
Rocky River, a traditionally navigable water (TNW)
Corps Regulatory Official: Steven Lund 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
m;)A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Mr. Dennis Gwaltney
Charlotte-Mecklenburg Utilities
5100 Brookshire Blvd.
Charlotte, NC 28216
Subject: McKee Creek Interceptor
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gwaltney:
Dee Freeman
Secretary
January 21, 2011
DWQ# 09-0463V3
Cabarrus County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 0.416 acre of wetland and 50 linear feet (If) 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 January 14, 2011.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3819, which can be viewed on our web site at http://h2o.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 7
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarohpi a
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 a ???u y,? /? ,
Internet: www.ncwaterguality.org N/ ?? L `
4. The stream shall be returned to its original dimension and the 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. Sediment and erosion control measures shall not be placed 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 out/stabilization of the given drainage area.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" 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
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 150B 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.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Crystal Fox, S&ME Charlotte Office