HomeMy WebLinkAbout20110542 Ver 1_401 Application_20110611engineering CORE "'ATES
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June 2, 2011
GROUP
Mr. Ian McMillan
NCDENR Water Quality Division
1650 Mail Service Center
Raleigh, NC 27699-1650
JUN 3 2011
DENR - WATER WA-LffY
Re: Charlotte-Meeklenburg Police Department Lake Wylie Boathouse Fuel System
Dear Mr. McMillan:
Pursuant to our telephone conversation, attached please find the Pre-Construction
Notification form for the above-referenced Project. I have also enclosed two 11" x 17"
and two 24" x 36" sets of the proposed constriction drawings, and a copy of the Project
Description. Please note that although the McDowell Nature Preserve occupies 1,108
acres, the CMPD boathouse facility and fuel system comprises only a very small area
thereof, and that access is restricted to authorized personnel.
For your use in identifying the location of the Project, I have enclosed copies of the
USGS 7.5 Minute Lake Wylie Quadrangle Map and the Catawba-Wateree Shoreline
Management Plan.
Finally, I have enclosed copies of the US Army Corps of Engineers Section 10 permit
and Mr. Steve Chapin's Determination of Jurisdiction. As previously communicated to
Ms. Amy Chapman, in a phone conversation subsequent to the issuance of the above
permit, Mr. Chapin informed me that the Project is not subject to the requirements of
Section 404 of the Clean Water Act, and that Lake Wylie in its entirety in subject only to
Section 10 Rivers and Harbors Act. He stated that a typographical error was made when
Section C of the Determination of Jurisdiction was checked off, and he pointed out that
the Basis of Jurisdictional Determination contradicts the erroneous determination.
Thank you for your assistance in the review and anticipated approval of this application.
Please feel free to contact me at 704-927-8760 should you have any questions, or require
additional information.
With regards,
Mike Novajosky
Project :Manager
CoreStates, Inc.
7251 pineville-matthews road suite 200 . charlotte, nc 28226 . v: 704.927.8760 . f: 704.927.8761
georgia . virginia . new jersey . massachusetts . new Brunswick, canada . missouri . Florida . north carolma . arkansas . coliforma
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201 10542
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: ? Section 404 Permit ?X Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 198200030
1c. Has the NWP or GP number been verified by the Corps? ?X 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 ?X 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 ?X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ?X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes X? No
2. Project Information
2a. Name of project: Charlotte-Mecklenburg Police Department Lake Wylie Boathouse Fuel System
2b. County: Mecklenburg M_ r=
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state project no: J NN 3 2011 1
3. Owner Information
3a. Name(s) on Recorded Deed: Mecklenburg County c/o Real Estate/Finance nL"i_" b
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 600 E. 4th Street
3e. City, state, zip: Charlotte, NC 28202-2816
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form - Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent X? Other, specify: Facility Administrator
4b. Name: David Wolfe
4c. Business name
(if applicable): City of Charlotte Engineering & Property Management Department
4d. Street address: 600 E. 4th Street
4e. City, state, zip: Charlotte, NC 28202
4f. Telephone no.: 704-336-3602
4g. Fax no.:
4h. Email address: dwolfe@ci.charlotte.nc.us
5. Agent/Consultant Information (if applicable)
5a. Name: Mike Novajosky
5b. Business name
(if applicable): CoreStates, Inc.
5c. Street address: 7731-A Little Avenue
5d. City, state, zip: Charlotte, NC 28226
5e. Telephone no.: 704-927-8760
5f. Fax no.: 704-927-8761
5g. Email address: mnovajosky@core-eng.com
Page 2 of 10
B. `Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 19931101
1b. Site coordinates (in decimal degrees): Latitude: -S5'oc' o-1.27" N Longitude: 6i` pi` -4o, .3 Vu
1c. Property size: 1,108 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Lake Wylie
2b. Water Quality Classification of nearest receiving water: WS-V, B
2c. River basin: Catawba
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:
See attached Project Description.
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
See attached Project Description.
3e. Describe the overall project in detail, including the type of equipment to be used:
See attached Project Description.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all riot phases) in the past? ?X Yes ? No ? Unknown
Comments: See attached Cover Letter.
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ?X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
April 11, 2011
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ?X No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ? No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams -tributaries ?X 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.
Wetland impact
number
Permanent (P) or
Temporary T 2b.
Type of impact 2c.
Type of wetland 2d.
Forested 2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other) 2f.
Area of
impact
(acres)
W1 Choose one Choose one Yes/No
W2 Choose one Choose one Yes/No
W3 Choose one Choose one Yes/No
W4 Choose one Choose one Yes/No
W5 Choose one Choose one Yes/No
W6 Choose one Choose one Yes/No
2g. Total Wetland Impacts:
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T) 3b.
Type of impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent (INT)? 3e.
Type of
jurisdiction 3f.
Average
stream
width
(feet) 3g.
Impact
length
(linear
feet)
S1 Choose one
S2 Choose one
S3 Choose one
S4 Choose one
S5 Choose one
S6 Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form - Version 1.4 January 2009
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 open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.
Type of impact 4d.
Waterbody
type 4e.
Area of impact (acres)
01 Choose one Choose
02 Choose one Choose
03 Choose one Choose
04 Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID number 5b.
Proposed use or
purpose of pond 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
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 you MUST fill out Section D of this form.
6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ?X Catawba ? Randleman ? Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary 6c.
Reason for impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1
impact
(square
feet 6g.
Zone 2
impact
(square
feet
61 P Concrete abutment Catawba River - Lake Wylie No 30 0
B2 P Asphalt replacement Catawba River - Lake Wylie No 270 180
B3 Yes/No
B4 Yes/No
B5 Yes/No
B6 Yes/No
6h. Total Buffer Impacts: 300 180
6i. Comments: Area of asphalt replacement will not exceed that which already exists.
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Gasoline dispenser has been located to avoid removal of existing trees and vegetation. The area of the asphalt pavement being replaced will not
exceed the area of the existing asphalt path.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Slopes which are currently eroding will be stabilized through the use of landscape timbers at the edges of the asphalt path. The shoreline near the
gasoline dispenser will be stabilized with riprap.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type: Choose one
Type: Choose one
Type: Choose one Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Makin 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: Choose one
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.
Page 6 of 10
PCN Form - Version 1.4 January 2009
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 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. 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).
6h. Comments: Use is a water-dependent structure, which is classified as "Allowable" (without mitigation).
Page 7 of 10
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
within one of the NC Riparian Buffer Protection Rules? ?X Yes ? No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
The Project will not alter the existing on-site diffuse flow condition.
? Yes ?X No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? ? Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b.
Which of the following locally-implemented stormwater management programs
apply (check all that apply): ? Phase II
? NSW
? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
4. DWQ Stormwater Program Review
4a.
Which of the following state-implemented stormwater management programs apply
(check all that apply): ?Coastal counties
?HQW
?ORW
?Session Law 2006-246
?Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. 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
? Yes ? No
letter.)
Comments:
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 ?X No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after-the-fact permit application? ?Yes ?X 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 ?X 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.
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.
Page 9 of 10
PCN Form - Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? ? Yes ? No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ? Yes ? No
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
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?
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
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
? Yes [? No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year fioodplain? ? Yes ? No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the ftoodplain determination?
David Wolfe June 2, 2011
Applicant/Agerifs Printed Name Applicant/Agent's ignt ttare
(Agent's signature Is valid only if an. authorization
letter from the applicant is provided.) Date
Page 10 of 10
CHARLOTTE-MECKLENBURG POLICE DEPARTMENT
LAKE WYLIE BOATHOUSE FUEL SYSTEM
PROJECT DESCRIPTION
PROJECT LOCATION:
Lake Wylie @ McDowell Mature Preserve
15222 Fork Road
Mecklenburg County, NC 28278
EXISTING CONDITIONS:
The existing facility was installed in 1985 for the purpose of providing storage of, and
dispensing of gasoline to, the Lake Enforcement Division's patrol watercraft. In its
entirety, the facility spans both sides of the lake's high water line (contour line 570.0').
Above the 570' contour, improvements consist of a gravel roadway widened to
accommodate vehicle parking; a 2,000 gallon double-wall fiberglass underground
gasoline storage tank with related tank top equipment (a submersible turbine pump,
containment sumps, spill bucket, liquid level and leak sensors, manhole liners and
covers); two observation wells; a tank vent stack; a concrete tank slab; flexible double-
wall underground product piping; a transition sump and sensor; underground electrical
conduits and junction boxes (high.- and low-voltage); an asphalt path extending to the
shoreline; an electrical service backboard; path lighting, area lighting, and several runs of
chain-link fencing.
Below the 570' contour, improvements consist of a fixed wooden platform with wooden
handrails extending into the lake on wooden pilings from the edge of the asphalt path; a
hinged wooden walkway extending from the edge of the fixed platform to the most
northerly of the floating boathouse platforms; a transition sump and sensor; three floating
boathouse platforms attached to pilings, with a building on each; flexible double-wall
piping anchored to the underside of the fixed platform and walkway and to the side of the
most northerly floating boathouse platform; a gasoline dispenser and containment sump
on the most northerly of the floating boathouse platforms; electrical conduits and junction
boxes; an emergency shut-off button; platform and walkway lighting; and several runs of
chain-link fencing extending into the lake. A TLS-350 tank level monitor is located
inside the most northerly boathouse.
PROPOSED WORK:
Above the 570' contour, the existing underground gasoline tank is to remain. Appropriate
soil erosion and sediment controls will be installed. The existing concrete tank slab will
be removed, along with all sumps and manholes. The existing observation wells will
remain. Soil will be excavated to the top of the tank. The existing asphalt path and all
underground product piping, electrical conduits, and the transition sump will be removed.
Product piping will be purged prior to removal. Soil will be tested in accordance with the
North Carolina Department of Environmental Resource's (NCDENR) requirements, and
any contaminated soil will be placed either in rolloff boxes or on plastic sheeting,
covered, and rernoved, if required, when lab results are returned.
All tank top equipment (except the existing submersible turbine pump) will be replaced,
including sumps, manhole liners and covers, valves, electrical conduits, junction boxes,
and monitoring equipment (except the TLS-350). All underground piping and electrical
conduits will be replaced. The concrete tank slab will be replaced at approximately the
same size. The asphalt path will be replaced at the same size or slightly smaller. The path
will be edged with anchored 6" x 6" pressure-treated landscape timbers, and backfilled
with soil to alleviate the existing soil erosion problem. The existing path lighting will
remain, and several fixtures will be relocated as necessary. A new electrical backboard
will be installed in preparation for relocation of the electrical service outside of the
gasoline dispenser hazardous area by Duke Energy. A new gasoline dispenser will be
installed on a concrete abutment and a stainless steel dispenser island form. The dispenser
will have a 100' hose and electric retractor. A steel bollard will be installed, the existing
area light fixture and pole will be relocated, and the chain-link fencing and gate at the
shoreline will be modified. Additional chain-link fencing will be installed to prevent
access to the gasoline dispensing equipment by unauthorized personnel.
Below the 570' contour, the existing fixed platform will be replaced by a new wooden
platform with handrails. The new platform will extend approximately 20' further into the
water than the old platform, and its surface will be one foot above the lake's high water
mark. The existing floating boathouse pilings will be removed, and new pilings will be
installed to relocate the docks approximately 20' further into the lake. A new wooden
hinged walkway will be attached to the new fixed platform at a right angle, and will
connect the fixed platform to the most northerly of the relocated floating boathouse
docks. Rollers will be installed on the new fixed platform and walkways to prevent the
fuel dispensing hose from chafing the corners of the structures. Electrical connections
will be made to the panels in the most northerly building, and the entire system will be
tested in accordance with NCDENR regulations.
BENEFITS OF THE PROPOSED NEW FACILTY:
The new facility will accomplish several environmental and functional goals. Relocating
the floating boathouse docks to deeper water will facilitate fueling of the Lake
Enforcement Division's watercraft, since the current water level of the lake makes it
difficult for the boats to access the existing fueling area without bottoming. The length of
the fueling hose will enable fueling from multiple points on the floating docks, and the
additional fencing will further secure the facility from unauthorized access. The
environmental benefit of moving the fuel dispenser off the floating dock is obvious, i.e.,
eliminating the gasoline dispenser and product piping over the water will substantially
decrease the possibility of a fuel spill contaminating the lake water.
U.S. A%''VIY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2011-00544 County: Mecklenbuur USGS Quad: Lake Wylie
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: City of Charlotte Engineering and Property Management
De artment Attn: Mr. David Wolfe
Address: 600 E. Fourth Street
Charlotte, NC 28202
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Charlotte-Mecklenbur
Police Department Boathouse Facility on Lake Wylie located ad'acent to the McDowell Nature
Preserve at 15222 York Road.
Description of projects area and activity: Upgrade and relocate existing boathouse facility on Lake
Wylie. The main work will include installing a new ile supported boathouse facility 20 feet further
out into the lake. Fueling facilities will be moved above the 570 foot contour elevation.
Applicable Law: ? Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
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 (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: April 11, 2011
Expiration Date of Verification: April 112013
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains open water (Lake Wylie) which flows into the Catawba
and ultimately flows to the Atlantic Ocean. Lake Wylie is a Section 10 navigable-in-fact waterway.
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: April 11, 2011
Expiration Date: Five Years from Issue Date
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 Customer Satisfaction Survey located at our website at
littp://per2.iiwp.tisace.army.mil/survey.html 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: Core States, 7731-a Little Avenue, Charlotte, NC 28226