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HomeMy WebLinkAbout20090463 Ver 4_401 Application_20110411Dg-ot+to3 L)4 Letter of Transmittal S&ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 (704) 523-4726 *S&ME (704) 525-3953 fax DATE: 4.8.2011 1 JOB NO: 1357-11-006 ATTENTION: Mr. Ian McMillan RE: McKee Creek Interceptor Project, Cabarrus County North Carolina Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 ATTN: Mr. Ian McMillan Over nighted via Fed-Ex WE ARE SENDING YOU: ® Attached ? Under separate cover via ? Shop drawings ? Prints ? Plans ? Samples ? Copy of letter ? Report ? APR 1 1 2011 the following items: ? Specifications COPIES DATE NO DESCRIPTION 5 4.8.2011 1 Nationwide Permit No. 12 and WQC 3819 Modification of Existing Authorizations 1 4.8.2011 2 Check for $570.00 THESE ARE TRANSMITTED AS CHECKED BELOW: ? For your records ® For your use and approval ? As requested ? For review and comment ? ? FORBIDS DUE: ? 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: 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. S&ME SFG-001 (Rev. 04/04) S&ME April 8, 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. Ian 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. 1357-11-006 USACE Action ID No. 200803346 DWQ No. 090463-V3 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 permit authorizations were issued in May 2009 (SAW 00803346, DWQ No.090463). Project delays resulted in a subsequent permit authorization modification (SAW 20083346 and WQC No. 090463-V3) which was granted in February 2011 authorizing an increase in temporary impacts to two emergent wetlands. Impact totals for the prior modification were 3.376 acres of temporary impacts to wetlands (0.05 acre of permanent) and 250 linear feet (If) of temporary stream impacts (20 if permanent, McKee Creek). Please note that the temporary impacts to wetlands for the prior modification should have been 2.96 acres (0.05 permanent) and tables outlining the previously submitted temporary impacts to wetlands versus the amended temporary impacts for USACE Action ID No.200803346 and DWQ No. 090463-V3 are attached for clarification. Since the authorization of the previous permit modification, a new access road has been designed and it has been determined that additional permanent maintained easement is needed along the project corridor. Accordingly, proposed temporary and permanent 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 S&ME Project No. 1357-11-006 McKee Interceptor Project April 8, 2011 impacts to wetlands has changed, see Table 1 below. Stream impacts remain the same as previously authorized, 260 if of temporary impact and 20 if of permanent impact along McKee Creek. Table 1: Wetland Impacts and Type Wetland ID Latitude Longitude Permanent i Impact (Ac.)' Temporary 2 Impact (Ac.) Vegetation Coverage. Figure 3 No.' A 35.2845°N 80.6301°W 0 1.984 Emergent 5E B 35.2824°N 80.6317°W 0.039 0.105 Forested 5E C 35.2707°N 80.6380°W 0.112 0.107 Scrub/Shrub 5D D 35.2805°N 80.6318°W 0.094 0.130 Forested/Emergent 5C E 35.2670°N 80.6389°W 0 0.240 Emergent 5B F 35.2606°N 80.6436°W 0 0.176 Emergent 5A G 35.2586°N 80.6455°W 0 0.015 Emergent 5A H 35.2583°N 80.6459°W 0 0.113 Emergent 5A Totals: 0.245 2.87 2Conversion of forested and shrub scrub wetland to emergent wetland in the new 30-foot maintenance corridor. Land disturbance and temporary placement of fill in wetlands in the construction easement. Wetland will be seeded with the approved restoration 3 seed mix and planted with woody vegetation up to the permanently maintained easement. See indicated figure number in Appendix II for wetland locations and impacts. Wetland temporary impacts will decrease to 2.870 acres and permanent impacts will increase to 0.245. The increase in permanent wetland impacts is attributable to the conversion of forested and shrub/scrub wetland to emergent wetlands within the new proposed 30-foot permanently-maintained easement. The decrease in temporary impacts is attributable to additional permanent impacts at Wetland C which have been deducted from overall temporary impacts, previously not included. Stream impacts remain the same as previously authorized, 2601f temporary impacts and 20 if of permanent impacts along McKee Creek. Accordingly, this Pre-Construction Notification (PCN) is being submitted to authorize additional impacts to Waters of the U.S. in accordance with general and specific conditions pursuant to the aforementioned NWP No. 12 and WQC 3819. In support of this application please find enclosed the following: Appendix I - A completed PCN and Agent Authorization Form; Appendix II - Site Vicinity Map (Figure 1); USGS Topographic Map (Figure 2A and 213); 2005 Aerial Photographs (Figures 3A and 313); USDA Soil Survey Map (Figure 4A and 413); Approximate Waters of the U.S. Maps (Figures 5A through 5E); Typical Wetland Involvement Details (Figures 6A and 6B); and Typical Temporary Stream Crossing Details (Figures 7A through 7C); Appendix III - Restoration Plan; Appendix IV - Copy of the previous authorization modifications and Tables outlining previously submitted temporary impact totals and amended temporary impact totals for clarification. Request for NWP No. 12 and WQC 3819 Modification S&ME Project No. 1357-11-006 McKee Interceptor Project April 8, 2011 Although an unavoidable change in impacts has occurred due to project requirements, the proposed impacts remain below NWP No. 12 and WQC 3819 thresholds. Permanent conversion impacts have increased because a larger permanent maintained easement is necessary to facilitate equipment access for mowing of the easement and in the event emergency access is needed. In compliance with previous authorizations, temporarily impacted forested and shrub scrub wetlands will be replanted with woody vegetation up to the 30-foot maintained easement within one month of pipe installation. 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 change in temporary and permanent impacts, and will replace all previous authorizations associated with the McKee Interceptor Project. 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 David Homans Natural Resources Project Manager Crystal Fox Natural Resources Staff Professional Senior Reviewed by Julie Bennett-Hudel CJF/DDH/cj f/JLBH Cc: Paul Smith, Woolpert Alan Johnson, DWQ Appendix I AGENT AUTHORIZATION FORM Date: 12.10.08 Project Information S&ME 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. AV_ on behalf of (Contact Signature) c? AWYID?Ip _X'#ft) Kf hereby authorize (Name of Landowner or Project Sponsor) S&ME to act as agent with the USACE in connection with the above-mentioned project. o?'QF W A T??4G r 5 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. 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: 1 c. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ? Yes ® No 1h. 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: dgwaltney@ci.charlotte.nc.com 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: cfox@smeinc.com 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 1b. Site coordinates (in decimal degrees): Origin: 35.25798°N - 80.64664°W ` ` Terimus: 35.28776 N - 80. 62907 W 1 c. 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, 30 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 30-foot wide corridor over the pipeline will be permanently maintained. The original permit authorizations were issued in May 2009 (SAW 00803346, DWQ No.090463). Project delays resulted in a subsequent permit authorization modification (SAW 20083346 and WQC No. 090463-V3) which was granted in February 2011 authorizing an increase in temporary impacts to two emergent wetlands. Impact totals for the prior modification were 3.376 acres of temporary impacts to wetlands (0.05 acre of permanent) and 250 linear feet of temporary stream impacts (20If permanent, McKee Creek). Please note that the temporary impacts to wetlands for the prior modification should have been 2.96 acres (0.05 permanent) and tables outlining the previously submitted temporary impacts to wetlands versus the amended temporary impacts for USACE Action ID No.200803346 and DWQ No. 090463- V3 are attached for clarification. 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 B. 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. The project 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 segments. The downstream segment includes the portion of the McKee Creek Interceptor in Cabarrus County. The Cabarrus County segment 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 segment includes additional sewer construction that is proposed for construction Mecklenburg County. The City of Charlotte has tentative plans to annex additional areas within the McKee Creek Basin in Mecklenburg County in 2011 or later. As the annexation process proceeds, additional private systems will be impacted by the proposed annexation of new areas and the private utility systems serving these areas are expected to be incorporated into the Charlotte-Mecklenburg utility system via a sewer extension which will tie into the proposed McKee Creek Interceptor in Cabarrus County. As construction of the Mecklenburg County phase serves a separate area and will be operating independently and at a separate time from this segment it is considered a complete and separate project. Page 4 of 13 PCN Form - November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 ? P ? T ? Yes ? No ? Corps ? DWQ W2 ? P ? T ? Yes ? No ? Corps ? DWQ 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 2h. Comments: SEE ATTACHED TABLE 1. 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 (I NT)? length Permanent (P) or (linear feet) Temporary (T) S1 ?P?T ?PER ?INT 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 3h. Comments: Remain as previously authorized. USACE Action ID No. 200803346; DWQ No. 090463 and DWQ No. 09- 0463V3. 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 pond or lake construction proposed, 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 any impacts require mitigation, then you 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 B1 ?P?T ?Yes ?No B2 ? PEI 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. 1b. 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 and woody vegetation installed (in the tremporary workspace) 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 ? 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 Page 8 of 13 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 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 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) Zo ne 1 3 (2 for Catawba) Zo ne 2 1.5 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 1 a . 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)? 1 c. 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? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® 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. Ilz Crystal J. Fox Y ? ! Page 12 of 1?i PCN Form - November 2008 Version F. Supplementary Information, continued Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 PCN Form - November 2008 Version Appendix 11 IJ J Abutting RPW Review Area 1 Stream 5 (McKee Creek) Perennial RPW Review Area 1 Wetland H (Emergent) Adjacent to RPW Review Area 1 Wetland C (Scrub/Shrub) 1 r f Wetland B (Forested) ?. Abutting RPW - Adjacent to RPW Review Area 3 P+ Review Area 2 HOLLOW LN?O J' (I (?f) C Stream 1 OAK f Seasonal RPW Stream 3 McKee Creek ReviewArea 3 Perennial RPW Review Area 1 r ?? Stream 2 ??i Seasonal RPW , Review Area 4 r> Stream 4 i? A? ' r?'.`? 11 a Seasonal RPW r Cr Review Area 5 AXy. Wetland D (Emergent/Forested) { Adjacent to RPW 9 Review Area 1 Wetland E (Emergent) Abutting RPW Review Area 1 - ate; ;' .• - ,p s ?o Wetland F (Emergent) ,111?? ?.I r Ad acent to RPW ] 50?_" o Review Area 1 ? Wetlands ?? t ?- '? `?; ?? •`???. • Wetland Abutting RPW Wetland G (Emergent) Adjacent to RPW ,. • Wetland Adjacent to RPW Review Area 1 Streams r ti 0 Perennial Stream `- _ John-Bostar?LN Seasonal Stream u McKee Alignment Reedy Creek Interceptor* -NOTE: THE REEDY CREEK INTERCEPTOR HAS BEEN PERMITTED UNDER THE USACE ACTION ID NO. SAW-2008-1353-360. REFERENCE: USGS 1993 HARRISBURG [NC] QUAD SHEET ` 1 \4 THE ABOVE INFORMATION WAS OBTAINED FROM THE CABARRUS COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIs) DEPARTMENT WEB SITE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR 0 f 000 .2.000 R 3,000 DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO -T RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feet SCALE: 1" = 2,000' FIGURE USGS TOPOGRAPHIC MAP NO. DATE: 04.08.11 S&ME McKee Creek Interceptor DRAWN BY: DDH Cabarrus County, North Carolina CHECKED BY: MWW.SMEINC.C0lV LJ B PROJECT No: 1357-11-006 ARV x. x ?f f lf, x rr x 0?ti Alh ON? w f- u Wetland A (Emer t gents i Abutting RPW Review Area 1 ?y C11 § s g `? ry Wetland B (Forested) o Wetland C (Scrub/Shrub) Adjacent to RPW p ':rv Abutting RPW Review Area 2 A t / Review Area 3 O/ G) ??? ;??-? as ? >• ,? 4.r,?.^ ,;??:' ,?°R'" :.?? ,,?,r'? x ? ? O? ?? xs . Stream 1 + a Seasonal RPW ?? ? ;,?f e I LN Review Area 3 + - r _• OAKHOLLOW 05 a Stream 2 FS, asonal RPW s Review Area 4 xi* Stream 3 (McKee Creek) Perennial RPW Review Area ? )t " I ki ?. Y F 4 y d r ` ?0 ) R rxx ; s m-CEDAR-COVED Wetland D (Emergent/Forested)' r o- Adjacent to RPW .? s. s Review Area 1 s a R• ?' ?r 0 Jurisdictional Streams N =mAts,.. w • Jurisdictional Wetlands T? McKee Alignment Reedy Alignment REFERENCE: THE ABOVE INFORMATION WAS OBTAINED FROM THE CABARRUS COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIs) AF DEPARTMENT WEB SITE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR 0 111,000, 11, 000 -1 1,500 DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO w RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feet SCALE: 'I1, _ OOO' FIGURE 2005 AERIAL PHOTOGRAPH NO. DATE: 04.08.11 S&ME McKee Creek Interceptor DRAWN BY: DD H === Cabarrus County, North Carolina CHECKED BY: LJB PROJECT NO: 1357-11-006 '.?„• as ?,a ???_ q M?' •'a t r h fir. T + ? a?lh„ ? *`#Fa 0.9 d-} ? / mmLy?'j }d YgS?': ?'4 a %? 'ran-rt ly w r. ??rIM s v*r 4 .rte' FiO? a,'° Stream 4 LPN Seasonal RPW oihti r ?? nb p2??Fz6 oFq . Review Area 5 ° , r h r6Sa_ "pR.e Cis,O ?„ e S O °R? 11 OVE GT Qp. r Wetland E (Emergent) Abutting RPW Review Area 1 < '.qYy !9. _`r?.w. eKrvrl k. 41, p b ti t Stream 5 (McKee Creek) Y Perennial RPW Hr1'`'' t°T«, Review Area 1 GC' < r r Vp CJ ?' '' ?Jt. r qx ?' s a '. 1,pq ' CO qy ; °?' '.• N,' 10 p? Wetland F (Emergent) P, i Ops rt Adjacent to RPW' Review Area 1 Wetland H (Emergent Adjacent to RPW Wetland G (Emergenfl w ' ' ? Review Area 1 Adjacent to RPW Review Area 1 k ., ?` L n J ."as ? .I Mrs i. b f .F: w c ?Q k-i 0 .s Perennial Stream ti ?'" ?? * ,' ` ?, •y ,' !w' --'--John Bostar=LN V ^'? ... ?7 o,.'. O Seasonal Stream a ?, A e ??'? -,"/ ?-! i'?I^'. "f?,, • Wetland Abutting RPW ?vdh'? ` - ?. dp . ?n4 r"..r '4t°Td M ;bra. ^w °? n! X n ??? ??„ :- ,? , <" s gip; -,?;? ,.,? ,?`< ? ,? ,?' ??,? ?r??? ???*3,,?, ?' • Wetland Adjacent to RPW McKee Alignment a ^ a9? A REFERENCE: x.' THE ABOVE INFORMATION WAS OBTAINED FROM THE CABARRUS COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIs) r - «' z?. DEPARTMENT WEB SITE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR 0 5500` 1,000 1,500 DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY S&ME INC. ASSUMES NO 11. RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feet SCALE: 1= OOO' FIGURE 2005 AERIAL PHOTOGRAPH NO. DATE: 04.08.11 \ S&ME ., McKee Creek Interceptor 3 B DRAWN BY: DD H === Cabarrus County, North Carolina J ;HECKEDBY: LJB PROJECT NO: 1357-11-006 ??iuD eB dA IdA Ar IdA / \? CuB2 EnB MeB Id6 ?? B2 J1AeQ n MeB PaF Cu Cu We 7 ` UEnD Wetland A (Emergent MeB Abutting RPW IdA PaF Review Area 1 D Eno _ e nB ?i11DG n o ,?? E RDA IG °p nB 0 Perennial Stream Wetland G (Emergent) Eno Wetland H (Emergent) Adjacent to RPW O Seasonal Stream Adjacent to RPW Id Review Area 1 • Wetland Abutting RPW Review Area 1 P E D D h • Wetland Adjacent to RPW I CuB2 T? McKee Alignment n Reedy Creek Interceptor* *NOTE: THE REEDY CREEK INTERCEPTOR HAS BEEN PERMITTED Q?y UNDER THE USACE ACTION ID NO. SAW-2008-1353-360. REFERENCE: SOIL SURVEY GEOGRAPHIC (SSURGO) DATASET FOR CABARRUS COUNTY 2 THE ABOVE INFORMATION WAS OBTAINED FROM THE USDA GEOSPATIAL DATA GATEWAY WEB SITE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE 0 1 ,000?B22,000 3,000 ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR 7yW ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feet /AB SCALE: 1" = 2,000' FIGURE DATE: 04.08.11 USDA SOIL SURVEY MAP NO. McKee Creek Interceptor DRAWN BY: DDH S&ME Cabarrus County, North Carolina CHECKED BY: W.SMEINC.COM LJ B PROJECT No: 1357-11-006 NOTE: WETLANDS AND STREAMS WITHIN THE PROJECT CORRIDOR WERE DELINEATED IN 2003 BYS&ME PERSONNELAND SURVEYED BYWOOLPERT. IN OCTOBER 2008, S&MERE-VISITED THESE JURISDICTIONAL BOUNDARIES AND USED GPS .? ttr GT, CAPABLE OF SUB-METER ACCURACY TO LOCATE BOUNDARIES THAT CHANGED SINCE THE 2003 DELINEATION. THESE BOUNDARIES HAVE BEEN VERIFIED BYTHE U.S.ARMY CORPS OF ENGINEERS UNDERACTION ID NO. SAW-2008-3346. OK CD In 3 C\I i t?( ?J c a m 1. J ?ig ?J,y ? ? A?Y >< \ d.. ,?;? >1< * 1 y ' + 'rtt 'l rb R Jy ` ' y CP e i i y S? ' f . F, f ! i ? r m LU Wetland H(Emergent)'??'`?r w 3 0.113 Acre Temporary Impact ? ' a ro a w ? r?.'. r +' ••? „, v y ti • r ,t?. .'., ? *' 1 e.1 ."' x : s r? No Permanent Impact M? y f,yi C' ?r ?¦C"` ?" .3 "4d ?..?] ?, ti . + ; . v e,,r yI?"' y+• s tTr ?' '?i? O ? Y. Project Origin 04 `fie r r 1k •: z Vf ... " 11 -1 1 CY) \• I ?- b vim' !,' F .f4.. ?G Q`?y F ` =«'„ Vii;.., ?. 106- low Fh 'w f;'' S '1? as o ; ' - s<? z* UJ , Wetland G (Emergent) 0 C1 "? i?' f, °? :f ?7 4+ A 40.015 Acre Temporary Impact 2 ?. _ ?,..v. ?' ,, r• ? ? . No Permanent Impact _ '' {f lX S • 'Yi,?F?'i .y?,{?f 1'?jy?,,'y?? .Nyy ,4T ? •M1 «- i 03 {ry4, a >P r ??" ?'tr- .,` •? " .r 1 ??'R tt ; - ',?, ?- _ j. M,? '+?T ?t N•?•y? ,4 T?'.?? 'I L 7 • ! ?".¦r r '?- ,? J' K.,.?, i vi . '??t'M,'?.I w ?.`'?.•. r?' ?' ll?i _ ?' `+'„ _c.. f y. ` { AIII. yt y Z W ry?r? '?`? A.¢ -?yy-? L'••.'xa.7N?q _ y.. 1^1 C? r• 6...?7'''??k•n ?.y.i 'n- .d 4H ?' ?...` M `C'?r °n'4' T `y?.L?i r ?fYr t,-•/eTtlr h ,w 44? ?w is _ ; .?.r '' e _'w,, n.,• t ;r.riia .. tp TM,. rY%, • ' Il 7$' c A a ».- ?' .? T•.?'?', li {/ / r a -.. ? WM f ? ..<., .. d "i w.. ,•r +?Ard' ?. 'F?w^ C - o "'., i=.. ? ??,?. ??1? f ^.-.. ^'!"'?? ? r? r..:?`?K :., ?? a?:„?"? r 'rL stir r?? •t?A K ? wY.? ? / ? U L ?_ ?r I ? '" •eu : ... ? . rc. *?'?. -? ttn o..° r Y t ?i:-`i. If 4pI "r`: a ? ' .. i df\ W p -S z >1•V i f ? C % UU Wetland F (Emergent) 4 7-v U) 0.176 Acre Temporary Impact ,r?? ?. i No Permanent Impact Aft . ? O ? t f ? '-- -- it ?f Q ' - r r.•_. z .^ 00 200 ?? 300 r,t,, McKee Creek Interceptor Delineated Wetlands Feet Permanently Maintained Wetland I? Easement FIGURE NO. =Permanent Wetland Impacts McKee Creek REFERENCE: 2005 AERIAL PHOTOGRAPH Temporary Wetland Impacts 2 ft Contours 5A 20052-FOOT LIDAR CONTOURS WERE OBTAINED FROM THE NCDOT GIS WEB SITE. AERIAL PHOTOGRAPHS WERE OBTAINED FROM THE CABARRUS COUNTY GIS DEPARTMENT. ALIGNMENTAND EASEMENT DATA WERE OBTAINED FROM WOOLPERT,INC. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PU RPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE - Tern porary Strea m l mpacts 10-ft Contours NO GUARANTEES ABOUT ITS ACCURACY. S&M E, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. ---Delineated Streams NOTE: WETLANDS AND STREAMS WITHIN THE PROJECT CORRIDOR WERE DELINEATED IN 2003 BYS&ME PERSONNELAND ?•: y ~,?M?,'r`¢ \ SURVEYED BYWOOLPERT. IN OCTOBER 2008, S&MERE-VISITED THESE JURISDICTIONAL BOUNDARIES AND USED GPS?? • ,.lie CAPABLE OF SUB-METER ACCURACY TO LOCATE BOUNDARIES THAT CHANGED SINCE THE 2003 DELINEATION. THESE BOUNDARIESHAVE BEENVERIFIED BY THE U.S. ARMY CORPS OF ENGINEERS UNDERACTION ID NO. SAW-2008-3346. C\I f 1 i •. ?`° ` m LU r ?? ra a ..r' ? ?y;? Z Y At I?" iF T ;t r} -A- 41 -.L rl .l ?.. ?r L 1 ?. ?P ,A? ? •4 y^t + '.. .t r " w.. W ?y?'' ? ' ? w??? +J'r ,.. Q (p \K?yA?? ? ? -s.-? r 1 rte, ?1.,3? M?`°, w r??590 ?" i .• - Q O aFfi/l*Y1?? i?02 -: °~` ? _« x ,?,•p" ?? a *'? _.? '4 i ??,,,< - .,?? - t k?? ??II? ? U ,. w F f U w W W f N` ..?+7+ a. U CL ! s?; e ar ?` "x' S co 0- ?,; T jr- IM, k + ?•'t sA C',?IA?'? tJ.? ?{s•. ? Y??' • ??? ,?,, ???1 Yom' '° - r ? "??i .w?i?? ,?,,• ^'r..'?°`'a`. i W *'S` r.Y}•?r? r."r" 1 ,?? \? I`r «^?",9a ? ?.` F,'.? j{ ?' , "•?pf _'tl, ?-'i',y ? Ca OF ° r f •1 ?, y"rI.1. 1 R. ;i?? - 60,0 r , r d 410 fJ 47 , q0 W o : • r s, Stream 5 (McKee Creek) w _ • `p Year-round RPW Wetland E (Emergent)"*si w W y Z ?. m? \ ?( 0.240 Acre Temporary Impact °?. w 50 LF Temporary Impact ?•, .? ?` m a No Permanent I 10 LF Permanent Impact ? ? „ .yam '?I` W C) 0 \ y: 11e, _g? ??? If A'L Y • ` , ??? ?.? .y '?.???, • .. k / . .,. , T ' ,4? ? Ap S ,ra; „/'r + ?v 'u F' (6 Al ,? r-' r • .,. - ?G' U w \ A ?? + AO . ? ? J1' K Y .. rf 0 100 200' 300 McKee Creek Interceptor --- Delineated Streams ,tk Feet Permanently Maintained Wetland "Delineated Delineated Wetlands FIGURE NO. Permanent Wetland Impacts =Easement REFERENCE: 2005 AERIAL PHOTOGRAPH Temporary Wetland Impacts McKee Creek 5B 20052-FOOT LIDAR CONTOURS WERE OBTAINED FROM THE NCDOT GIS WEB SITE. AERIAL PHOTOGRAPHS WERE OBTAINED FROM THE CABARRUS COUNTY GIS DEPARTMENT. ALIGNMENTAND EASEMENT DATA WERE OBTAINED FROM WOOLPERT,INC. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PU RPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE .3 -Permanent Stream Impacts 2-ft Contours NO GUARANTEES ABOUT ITS ACCURACY. S&M E, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. / -Temporary Stream Impacts 10-ft Contours / NOTE: WETLANDS AND STREAMS WITHIN THE PROJECT CORRIDOR WERE DELINEATED IN 2003 BYS&ME PERSONNELAND / 0 _A0wA7 *-- n' i, -s `;''0' *- 'd' ' y' ; 4 "i Ts? - j SURVEYED BY WOOLPERT. IN OCTOBER 2008, 5&MERE-VISITED THESE JURISDICTIONAL BOUNDARIES AND USED GPS Yd _ :!'?+n > ,'„m`•_r *?c"d I ?.., j •d ?t ?i ..lrt ',,. -,,pp,yy V...'4 ?i' ?y•• Y-+'f"^'1 ?`',.? gat- CAPABLE OF SUB-METER ACCURACY TO LOCATE BOUNDARIES THAT CHANGED SINCE THE 2003 DELINEATION. THESE * BOUNDARIESHAVE BEEN VERIFIED BY THE U.S. ARMY CORPS OF ENGINEERS UNDERACTION ID NO.SAW-2008-3346. 4, `¢ r1 a` Q i - •'jra t(ryry 7 apt y { ' LO ?'?, J ?? li1• y?+ _? b?. '?,.: i ?? •- ??.+? Yc..ro A rr ??X ?k °??/ ',s, ,? ? a ?? ? ro ? 41 " { Wetland D (Emergent/Forested) 0.13 Acre Tem ora I m act ?. s r, p rY p CO I If, 0.094 Acre Permanent Impact z z Stream 4 i'. J " N Emergent portion W W o Wnal 4 t r y +LF.. Sea 60 LF Tem oraRlm acts , .'' . y ti ' p` m a co a. No Permanent Impact .t . + /f` `k'* f" ?? •, 'Y +dd J? - rs"f?e 1'?,ti f ?' _ .. ?Y' '1rA,?,y` LU yBO 'M?• ?r7 rr 3 ; ; I [, y ,: y •s. ?r_. -?'x ' ?::. ?a P -- ? "4' 'PRO . • i. ?r-zzzzz 'l.r.'? ?` ?,a ,.,? f' ? .:r /. . ?n?f, rGy F. Z ?1 J'? k ti_ ?_,. r+? W A .. .r . J' ?a d Mr .. J 4y,,? jay . ;w Vu ft Ito - 'I - ? '+ t .'C } ?..? .mR.r? n! • x .r -.yyJ. `?/ . , yr^ 7. 4. J LU 10 y + ti • { wt c r 1 -''" .Mwr? rL fir 4 x .?y LP r? . ? ? tip, ?•.?x ?? 3 Ov, L ygo 'r z , d r U r. as r_ ft zzzz -------- _- _ .. Y a) U , y a?, a? n\ `aL,'??!'n?k r ++R?? ? ?i?? p.. 3,?'?•,1t ? ??L. .¢.,.+ _? ? •.- .-' •?'?ts fn ? -? ?°?1'?" Y?'''?'. ... e Ir, 'i y t y ri` _ • sr 0 100 200 300 McKee Creek Interceptor Delineated Wetlands ?K ?? p y ? Easement FIGURE NO. ' r „' Tem orar Wetland Impacts Feet "? Permanently Maintained Wetland McKee Creek REFERENCE: 2005AERIALPHQTOGRAPH , Permanent Wetland Impacts 2-ft Contours 5C 20052-FOOT LIDAR CONTOURS WERE OBTAINED FROM THE NCDOT GIS WEB SITE. AERIAL PHOTOGRAPHS WERE OBTAINED FROM THE CABARRUS COUNTY GIS DEPARTMENT. ALIGNMENT AND ` l EASEMENT DATA WERE OBTAINED FROM WOOLPERT,INC. PLEASE NOTE THIS MAPISFORINFORMATIONAL PURPOSESONLY.ITISNOTMEANT FORDESIGN, LEGAL, ORANYOTHER USES. THEREARE ?Temporary Stream Impacts 10-ft Contours NO GUARANTEES ABOUT ITS ACCURACY. S&M E, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. ?'' --- Delineated Streams NOTE: WETLANDS AND STREAMS WITHIN THE PROJECT CORRIDOR WERE DELINEATED IN 2003 BY S&ME PERSONNELAND - 'I�� t.- 'r° \ SURVEYED BY WOOLPERT. IN OCTOBER 2005, S&ME RE -VISITED THESE JURISDICTIONAL BOUNDARIES AND USED GPSa...- -r`'.- S•7ti,: r _ '+ .: CAPABLE OF SUB -METER ACCURACY TO LOCATE BOUNDARIES THAT CHANGED SINCE THE 2003 DELINEATION. THESE BOUNDARIES HAVE BEEN VERIFIED BY THE U.S. ARMY CORPS OF ENGINEERS UNDERACTION ID NO. SAW -2008-3346.r • r Stream 3 (McKee Creek) , , +e!"�_ •x 'r:� y 570 - (McKee ar Year-round RPW o 50 LF Temporary Impacts Y r , , 10 LF Permanent Impacts a-` • , �+''.,' �, �. r 3 a w _ LO co , L i nom^ P• u ^ .- , 1 ii•1 4Ls a l ' - - - r ♦ r}c '� Stream 2 r Pti a O r h&61 * t Seasonal RPW 30 LF Temporary Impacts !� +,} - F s► 'Seo '" a. ` h F , . ;, rImpacts r .. •rte.. No Permanent Y i s � LU IL LU Ica w• � 'E` •: 'r". jP � ., _ e 570 .. � 'h �. - . ' •"'... 4 r: - , -. _ as Wetland C (Scrub/Shrub) y LULLI p �.. , 0.107 Acre Temporary Impact r • v: Z 4 °� �, 1_ - � •.; '` ` 1 ""� 0.112 Acre Permanent Impact - r'' � � � StreamR1P U O v _ . Seasons W U .y • ...� '�' i'• , 60 LF Temporary Impact No Permanent Impacts ^ : —r� A • w � - __ - , _ _ � F' : -mss G 570 n v� r i 1 i i + O C6 4k. -;Q& tlrA� ► s i . ti 1t , QQ"' -200 '.r 300: h A:+ . :• 580 McKee Creek Interceptor ---Delineated Streams .- 1.-. �. �.1�.Y4 • - - - 590' :; r.- 4- •* ,rti '� i_ _ (Permanently Maintained Wetland ODelineated Wetlands FIGURE NO. .• -` = Permanent Wetland Impacts �,. , p =Easement REFERENCE: 2005 AERIAL PHOTOGRAPHg` Temporary Wetland Impacts — McKee Creek 5 D 2005 2 -FOOT LIDAR CONTOURS WERE OBTAINED FROM THE NCDOT GIS WEB SITE. AERIAL PHOTOGRAPHS WERE OBTAINED FROM THE CABARRUS COUNTY GIS DEPARTMENT. ALIGNMENT AND �! EASEMENT DATA WERE OBTAINED FROM WOOLPERT, INC. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE T r -Permanent Stream Impacts 2 -ft Contours NO GUARANTEES ABOUT ITS ACCURACY. S&M E, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Temporary Stream Impacts - 10 -ft Contours NOTE: WETLANDS AND STREAMS WITHIN THE PROJECT CORRIDOR WERE DELINEATED IN 2003 BYS&ME PERSONNELAND :T ?`r? yam' ?• " - ?' '• v , ?!' i. ,,,,+, \ • .., _ .- SURVEYEDBYWOOLPERT. IN OCTOBER 2008, 5&MERE-VISITED THESE JURISDICTIONAL BOUNDARIES AND USED GPS ?""'" '°tid•?.? .;?_. ,,,• ?'? "?-? s ? '"p"R {= ,' •. yL. 'P? - iM• ;t' CAPABLE OF SUB-METER ACCURACY TO LOCATE BOUNDARIES THAT CHANGED SINCE THE 2003 DELINEATION. THESE 80UNDARIES HAVE BEEN VERIFIED BYTHE U.S.ARMY CORPS OF ENGINEERS UNDERACTIONID NO.SAW-2008-3346. ')ijb? ' ?,,r _ ? .c C .e i. 'MV Y i *i? Y v S'0 ? U ' r 1 J'? \ Wetland A (Emergent) CD 1.984 Acres Temporary Impact - N-1 3 a- r 1 --?? sq • i ... Yry No Permanent Impact a ? II -?., ?`?t 1, ~•\•4••• `3? Wetland B (Forested) _fw r 0 CY) r. ' 0.039 Acre Temporary Impact 0.105 Acre Permanent Impact ? 'All ?)..' ` ? y,_ 'xri' _..?y,,. i4' ,?., ?,,tegg ' ?'. O ? '•' ?S''? '''•'`''•. '' ??#?` . •'?:?#,? .•.,r •,: v - rw° . f. ds' ti 'mk7l? il J L y © F'1 4?t ° y? ?Y'pJ 'l ?• ? ?2..? ILk f ,T. r a P6 0 ti r .' 4 3 t 570 ?' ?i ?yam ?H ????580 .-7 3 , life ,?. 570 1+. '••.?! °\ ... >a , . •'*y r?.'4 1i y - ?. -:- a: T. ?. ` ; s S, a 1?' ,+ ` - ,?`w ,"'i -.+?' ??:• , ;' ?,,/r ; '"' +i ?• { µ r';,`14 1d+? . :' , 'rs i . ' ProjectTerminus J F L 0 +t )? ,•?y?• ''t; ?"°" v r S ? y. ? . 'i k >.? .. y-•???' i; 1?? ? t•-. ?r. ?F /? ? .?itr!er •?r i L L i - .? ;::?.'a '*4,r= 3''? .'`r{ •:.p ?'. •,:. •.i -• '•.i.:i'''•;' ??' •' . ..? a. -, i''. .cGi ,. - _.)!IA asd. sw j LL1 ¦ y 0 -S z 'r.•.:..,,. ?,.. •,:•, l . ,.. ;k,: •; ?e '-4y.r .? ? ?,??: a .? !'t 7-•e? Q ? y MK ,,??, l? y ,-? 30 w? -_°-- W 0 lie C) -.0 7 FAY' ..•.•.•'. •'..•'.•'.•'. •'.:•'.•'. •'.•... ,. . :ter, r. r. ,?• . ? ?.• .. .. .. 4}?' '' .... , f J fi i Wetland A (Emergent) , ?r7 1.984 Acres Temporary Impact rt a No Permanent Impact "~-? 0 100 200 300 F McKee Creek Interceptor ? Delineated Wetlands Temporary Wetland Impacts Easement FIGURE NO. Feet (Permanently Maintained Wetland McKee Creek i _. REFERENCE: 2005 AERIAL PHOTOGRAPH ?? .r : 20052-FOOT LIDAR CONTOURS WERE OBTAINED FROM THE NCDOT GIS WEB SITE. AERIAL PHOTOGRAPHS WERE OBTAINED FROM THE CABARRUS COUNTY GIS DEPARTMENT. ALIGNMENT AND =Permanent Wetland Impacts 2-ft Contours w . EASEMENT DATA WERE OBTAINED FROM WOOLPERT,INC. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSESONLY.IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE -Temporary Stream Impacts 10-ft Contours NO GUARANTEES ABOUT ITS ACCURACY. S&M E, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. ---Delineated Streams a Reedy Creek Interceptor i EXIST. 60' PERMANENT 54 EASEMENT MARVIN A. BROCK JR. BARBARA E. BROCK ZINGRE 5516-43-1021 y STA. 10+ 15.57 y y PROP. MANHOLE ,FMK-4 y y y' \kl SOLID LID & SEALED y y y y y y ? y y y y i RIM ELEV. 565.5 y y y y y y y y o (5' D/A• MH y y y y y y y y y y y y lk y y y y y y y y y ?Y ?Y y i y y y yn Zr?W y y !n/?Y y y y y ? / y y y y y y y y 54.?i•`?0y Y loe ^^`` i y y y y y y y y y y y caa y y d% y i y y y y yO y y y ..d? y y y y y y y y y c4f y y y y y y y y y y y y y y y y y, y y y y y y y y y y y y y y / y y y y y y y /< y y y _' i y /? V y Oly ?y / ? ?V lk %1, y O / 'Q R.S.O.Z. BUFFER / TOP OF BANK TBM #MK-4 SPIKE IN 36" SYCAMORE ELEV. = 564.64 WSACC NOTE: AS PER DEHNR REGULATIONS THE WATFR & SFWFR AUTHORITY FOLLOWING SHALL APPLY TO THE WETLAND OF CABARRUS COUNTY AREA: CHARLOTTE-M ECKLEN BURG 1. NO FERTILIZER APPLIED WITHIN 10' OF UTILITY DEPARTMENT STREAM ENGINEERING DIVISION 2. ANTI-SEEP COLLARS EVERY 150' (OR AS CHARLOTTE, NORTH CAROLINA DIRECTED BY FIELD ENGINEER) 3. RESTORE TO ORIGINAL CONTOURS AFTER CONSTRUCTION McKEE CREEK 4. ALL DISTURBED AREAS WILL BE PLANTED INTERCEPTOR a„! ununss WITH THE RESTORATION SEED MIX 5. THE CONSTRUCTION CORRIDOR (INCLUDING ACCESS ROADS, AND STOCKPILING OF TYPICAL WETLAND MATERIAL) IS LIMITED TO 40' IN WIDTH SCALE: INVOLVEMENT FIG. 1"=40' PLAN VIEW 6A Ell] ? D 9L - 2trat Ell WSACC WATER & SEWER AUTHORITY OF CABARRUS COUNTY CHARLOTTE-M ECKLEN BURG UTILITY DEPARTMENT ENGINEERING DIVISION CHARLOTTE, NORTH CAROLINA ob McKEE CREEK app WOOIPMT INTERCEPTOR CHARIm'rF- CHNtlAT1E-MECIQEN&IRG TES TYPICAL WETLAND SCALE: INVOLVEMENT FIG. 1 "=40' PROFILE 513 ST 9 + 97 ROP. MA NI L 3 EUGENE A. DIVINE V TED 515-05-7372 SO D /D & LED R/M ELE . 89.7 (5' D/A. MH) STR -5 TEMPORARY STREAM RELATI ELY PERMANENT CROSSING OPTION #2 kIVATER YEAR ROUND FL E DETAIL SHEET 23 IST. 60' PERIL/ S- ENT •1? ljql °° Ililoor ?s \ s R.S.O.Z. BUFFER TOP OF BA NK TBM #MK-23 SPIKE IN 24" GUM ELEV. = 588.56 8 °p 5 2?? • D TBM #MK-22 Q? Mc KE K L E C K 10 I ELEV. = 587.35 ?5? C ? J WSACC WATER & SEWER AUTHORITY OF CABARRUS COUNTY STA. 92+68.19 CHARLOTTE- MECKLENBURG PROP. MANHOLE 1-22 UTILITY DEPARTMENT ENGINEERING DIVISION lD & ALED CHARLOTTE, NORTH CAROLINA R/M ELEV. 9.4 (5' D/A. MH) McKEE CREEK INTERCEPTOR CHARLO M CHNtlAT1E-MECIQENEIIRG ^ MOLPHILT ununss SCALE: TEMPORARY STREAM CROSSING FIG. 1"=40' (DURING CONSTRUCTION) 7A PLAN VIEW v K) AAA dq?X SIR -r- A 4 6 WSACC WATER & SEWER AUTHORITY 0 00= 7 OF CABARRUS COUNTY CHARLOTTE-M ECKLEN BURG UTILITY DEPARTMENT ENGINEERING DIVISION CHARLOTTE, NORTH CAROLINA McKEE CREEK WONT INTERCEPTOR cirAiucnTe_ awau?-n?caersuac u iunEs TEMPORARY STREAM CROSSING SCALE: SCALE: (DURING CONSTRUCTION) Fl G. - PROFILE NOTE: ALL NOTES, DIMENSION, AND DETAILS ARE TYPICAL FOR BOTH SIDES OF STREAM. e& TOP OF BANK -'(3 BACKFILL TOP OF BANK SECTION OF MATTING WITH MIN. 6" TOPSOIL ?11 1 NORTH AMERICAN GREEN BLANKET C125BN OR EQUAL Q? 6 NORMAL STREAM LEVEL G INSTALL ANCHORS IN ACCORDANCE WITH NET MANUFACTURER'S SPECIFICATIONS. ANCHORS SHALL BE ?Q NORTH AMERICAN GREEN WOODEN ECOSTAKE (18") OR EQUAL. STREAMBED STREAM BANK STABILIZATION KTB WSACC WATER & SEWER AUTHORITY OF CABARRUS COUNTY CHARLOTTE-M ECKLEN BURG UTILITY DEPARTMENT ENGINEERING DIVISION CHARLOTTE, NORTH CAROLINA 01 McKEE CREEK INTERCEPTOR CIURIO M CHNtlAT1E-MECIQENEIIRG ununss MOLPHILT SCALE: I STREAM BANK I FIG. N.T.S. STABILIZATION DETAIL 7C Appendix III 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 sewerline. This plan also entails restoration of temporarily-disturbed wetland areas to their original contours and conditions to the degree practicable upon project completion. Further, disturbed wetland areas will be permanently stabilized with vegetative cover. The U.S. Army Corps of Engineers (USACE) has required under the previous authorization, USACE Action ID No. 200803346, that woody species be replanted in the temporary construction easement in wetland areas. The measures outlined in this plan will be specified in the contract documents prepared for construction of the proposed project. RESTORATION ACTIVITIES 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. Additionally, forested and shrub scrub wetlands within the temporary construction easement that are cleared to facilitate placement of the sewerline must be restored by re- planting native woody vegetation upon completion of construction. To avoid potential damage to the sewerline, deep-rooted species have not been included in the planting tables. Temporarily disturbed areas will be planted in accordance with Table 2 if planting occurs during the dormant season. If planting occurs during the growing season, then containerized species, as specified in Table 3, must be used. Restoration Plan By: S&ME, Inc. Attn: Crystal Fox 9711 Southern Pine Blvd. Charlotte, NC 28273 704.523.4726 TABLE 1: SEED MIX FOR RESTORATION* Common Name Scientific Name Percentage of Mix Black-eye 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 (Seca/e cerea/e) and 10 Ibs/acre foxtail millet (Setaria italica). Overseeding is not optional. TABLE 2: LIVE STAKE AND BARE ROOT SPECIES* Common name Scientific Name Format- Plant Spacing Arrow-wood Viburnum dentatum LS 2 feet on center Buttonbush Cephalanthus occidentalis BR 5 feet on center Coralberry Symphoricarpos orbiculatus LS 1 foot on center Elderberry Sambucus canadensis LS 3 feet on center Persimmon Diospyros virginiana BR 5 feet on center Redbud Cercis canadensis BR 5 feet on center Silky willow Salix sericea LS 2 feet on center Virginia willow Itea virginica LS 2 feet on center *For use when planting during the dormant season. Plant at least four of the eight species. One of the four must be redbud, ironwood, or persimmon (see Table 3 below). -LS = live stake; BR = bare root TABLE 3: CONTAINERIZED SPECIES* Common Name Scientific Name Plant Spacing Arrow-wood Viburnum dentatum 5 feet on center Coralberry Symphoricarpos orbiculatus 5 feet on center Elderberry Sambucus canadensis 5 feet on center Ironwood Carpinus caroliniana 5 feet on center Persimmon Diospyros virginiana 5 feet on center Red chokeberry Aronia arbutifolia 5 feet on center Silky willow Salix sericea 5 feet on center Sweetshrub Calycanthus floridus 5 feet on center Virginia willow Itea virginica 5 feet on center *For use when planting either during the growing or dormant season. Treebands or "conetainers" are acceptable planting forms. Plant at least four of the nine species. One of the four must be ironwood, persimmon or red chokeberry. Appendix IV 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 ("corrected copy") Dear Mr. Gwaltney: Dee Freeman Secretary February 4, 2011 DWQ# 09-0463V3 Cabarrus County You have our approval, in accordance with the general certification and those conditions listed below, to impact 3.376 acre of wetland (0.5 permanent) and 260 linear feet (If) (20 If permanent) 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. All other conditions and requirements of the previous approvals issued for this project remain. Be reminded, that 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 1-5A 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 Mooresville Regional Office Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Noi-hCarollna ;? atLtl'C lly U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2008-03346 County: Cabarrus USGS Quad: Harrisburg GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property! Owner /Authorized Agent: Charlotte-Mecklenburg Utilities Department, Attn: Mr. Dennis Gwaltney Address: 5100 Brookshire Blvd. Charlotte, NC 28216 Telephone No.: Size and location of property (water body, road name/number, town, etc.): McKee Creek Interceptor project located in and adjacent to McKee Creek and unnamed tributaries occupying approx. 17.8 acres from the Mecklenburg-Cabarrus County line to Reedy Creek near Harrisburg. Description of projects area and activity: This permit authorizes impacts to 3.376 acres of wetlands (0.05 acre permanent) and 260 LF of stream channel (20 LF permanent - McKee Creek) in association with the installation of 13,010 LF of 24-inch sewer line This permit replaces the original permit for the project authorized on 5/21/09. SPECIAL CONDITION: FORESTED WETLANDS IMPACTED (<0.5 ACRE) WILL BE REPLANTED WITH NATIVE WOODY, HYDROPHYTIC SPECIES OUTSIDE OF THE PERMANENT MAINTAINED EASEMENT. WITHIN ONE MONTH FOLLOWING PIPE INSTALLATION. ALL STREAM CHANNELS WILL BE RESTORED TO ORIGINAL ELEVATION AND CONDITION. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 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 perniittee 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 (919) 733-1786 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 Steve Chapin at 828-271-7980. Corps Regulatory Official Steve Chapin Date: February 2, 2011 Expiration Date of Verification: March 18, 2012 Determination of Jurisdiction: A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional deternination issued - Action ID Basis of Jurisdictional Determination: The project corridor contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The stream channels within the project corridor are unnamed tributaries to McKee Creek and McKee Creek which flows into the Yadkin River and ultimately to the Atlantic Ocean through the McKee Creek>Rocky River>Yadkin River system which is a Section 10 navigable-in-fact waterway at Blewett Falls dam. information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Steve Chapin, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: -Steve Chapin Issue Date: February 2, 2011 Expiration Date: Five Yews from Issue Date The Wihnington 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 Customer Satisfaction Survey located at our website at http://pert.nwp.usace.army.mil/survey.htm] to complete the survey online. 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: S&ME, Inc. (Crystal Fox), 9751 Southern Pine Blvd., Charlotte, NC 28273-5560 Pen-nit Number: 2008-03346 Pennit Type: NW12 Name of County: Cabarrus Name of Permittee: Charlotte-Mecklenburg Utililties Department, Att'n: Mr. Dennis Gwaltney Date of Issuance: February 2, 2011 Project Manager: Steve Chapin Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Anny Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terns and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date