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HomeMy WebLinkAbout20090943 Ver 1_401 Application_20120712i CWS1 �, C roi Wetl d S ry ces Carolina Wetland Services, Inc 550 East Westinghouse Boulevard Charlotte NC 28273 704 527 1177 Phone 704 527 1133 Fax TO Ms Cyndi Karoly NCDWQ — Wetlands and Stormwater Branch 512 N Salisbury St 9th Floor Archdale Building Raleigh NC 27603 Date 7 18 12 CWS Project # 2012 2915 1) q-D0% 1-43 U 2-- 0 , 1 WN LETTER OF TRANSMITTAL WE ARE SENDING YOU ®Attached ❑Under separate cover via the following items ❑ Prints ❑ Plans ❑ JD Package ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other IF ENCLOSURES ARE NOT AS NOTED KINDLY NOTIFY US AT ONCE o 1 7/10/12 5 Application for Renewall of Water Quality Certification No 3884 2 7/15/12 1 Application Fee Check ($570) THESE ARE TRANSMITTED as checked below ®For approval ❑Approved as submitted ®For your use ❑Approved as noted ❑As requested ❑Returned for corrections ❑For review and comment ❑Resubmit copies for approval [—]Submit copies for distribution ❑Return corrected prints ❑For your verification and signature REMARKS Cyndi• Please find attached five copies of the Preconstruction Notification and application for the renewal of the Water Quality Certification for the McAlpine Creek Relief Sewer project A check for the application fee is also attached Copy to File Thank you omas Blackwell PWS Project Scientist NORTH CAROLINA SOUTH CAROLINA © `—a /;Zk r---z Z. D DENR WATEI? QUALITY WeUa,ndv a Stnrm— . #- - r / ] 'l / - / / / ~� _=~__= � i ls� P-1, vlis Wetland Services July 10 2012 Mr Steve Kichefski U S Army Corps of Engineers 151 Patton Avenue Asheville NC 28801 550 E WESTINGHOUSE BLVD CHARLOTTE NC 28273 866 527 1177 (office) 704 527 1133 (fax) Ms Cyndi Karoly NCDWQ — Wetlands and Stormwater Branch 512 N Salisbury St 9th Floor Archdale Building Raleigh NC 27603 t)q -oq43 u2- 1 D JUL 2 0 2012 DENR _t -ATEVW a 4 U - niTMrh Subject Application for Renewal of Nationwide Permit No 12 and WQC 3884 McAlpine Creek Relief Sewer Project Charlotte, North Carolina USACE Action ID SAW 2009 01131 CWS Project Number 2012 2915 Dear Mr Kichefski and Ms Karoly The McAlpine Creek Relief Sewer Project is located in southwest Mecklenburg County The protect involves the construction of a 79 000 if sewer line to tie into an existing 78 inch sewer This project was originally permitted under a Nationwide Permit Number 12 which was issued on July 16th 2007 ( USACE Action ID SAW 2007 1904 360) This permit was renewed with minor changes on August 28 2009 USACE Action ID SAW 2009 0113 1) The permit was renewed again on September 16 2011 A copy of the permit letter is attached This permit expired on March 18 2012 Charlotte Mecklenburg Utilities (CMU) has contracted Carolina Wetland Services Inc to provide Section 404/401 permitting services for this project Due to construction delays the project is currently incomplete and will not be completed within 12 months of the expiration of the permit on March 18 2012 Phase I and Phase 11 of the project have been completed and all impacted wetlands and stream crossings have been reestablished to original condition and grade per the permit conditions This includes the reforestation of temporarily impacted forested wetland areas On behalf of CMU CWS requests that the permit for this project be re issued for two (2) years in order to allow construction of the remaining phases of the project to be completed The remaining phases of the project meet all the conditions of WQC 3884 The construction corridor will not exceed the 40 foot maximum corridor width through wetlands as specified for Section 401 Water Quality Certification The construction corridor has also been limited to a 40 foot width at all stream crossings The permanent maintained portion of the right of way (R/W) corridor will not exceed 15 feet in width through wetlands and at stream crossings Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters Anti seep collars will be installed at the downstream wetland boundary and every 150 feet up the gradient until the sewer trunk exits the wetland Sewer trunks will be sited greater than 10 feet from stream channels All unavoidable stream crossings will be at a near perpendicular angle All channel work will be constructed in the dry in accordance with Water Quality Certification No 3884 In addition all permanent maintained right of way through wetlands will be permanently marked in the field to avoid mowing and maintenance of additional wetland areas NORTH CAROLINA SOUTH CAROLINA WWW CWS INC NET �, a ... �. ...K..,» �. ... McAlpine Creek Relief Sewer July 2 2012 Application for Renewal of NWP No 12 CWS Protect No 2012 2915 No changes to the existing permit are proposed Overall project impacts are summarized in Table 1 below Table 1 Total Protect Impacts Project Wetland Impacts Impact acres Temporary Permanent Previously Permitted 20 296 0 589 Impacts Please do not hesitate to contact Thomas BlacW ell at 704 527 1177 or tom2cws me net should you have any questions or comments regarding these findings - .&Ld Greg C Antemann PWS Thomas J Blackwell PWS Principal Scientist Senior Scientist Enclosures General Permit Verification Letter (USAGE Action ID SAW 2009 0113 1) PCN Form Application Fee \oaot wAIf ;.? h o < Office Use Only Corps action ID no DWQ project no Form Version 10 November 2008 Page 1 of 14 PCN Form — Version 1 0 November 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing la Type(s) of approval sought from the Corps ®Section 404 Permit F1 Section 10 Permit lb Specify Nationwide Permit (NWP) number 12 or General Permit (GP) number Water Quality Certification No 3884 1c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in lieu fee program proposed for mitigation of impacts? if so attach the acceptance letter from mitigation bank or in lieu fee program ❑ Yes ® No 1g Is the project located in any of NC s twenty coastal counties If yes answer 1 h 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 McAlpine Creek Relief Sewer 2b County Mecklenburg 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 �a 3a Name on Recorded Deed N/A N/A 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) NIA 3d Street address N/A 1Atedanda 8 LR QUALITY wa N/A 3e City state zip 3f Telephone no N/A 3g Fax no N/A 3h Email address N/A Page 1 of 14 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 Charlotte Mecklenburg Utilities Department 4b Name Mr Arnold Jarrell 4c Business name (if applicable) Charlotte Mecklenburg Utilities Department 4d Street address 5100 Brookshire Boulevard 4e City state zip Charlotte NC 28216 4f Telephone no 704 391 5170 4g Fax no 4h Email address alarrell @ci charlotte nc us 5 Agent/Consultant Information (if applicable) 5a Name Mr Gregg Antemann PWS 5b Business name (if applicable) Carolina Wetland Services Inc 5c Street address 550 E Westinghouse Blvd 5d City state zip Charlotte NC 28273 5e Telephone no 704 527 1177 5f Fax no 704 527 1133 5g Email address gregg @cws inc net Page 2 of 14 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 1 b Site coordinates (in decimal degrees) 35 12807 N 80 78117 W 1c Property size linear project N/A acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to proposed project McAlpine Creek 2b Water Quality Classification of nearest receiving water Class C 2c River basin Catawba Page 3 of 14 PCN Form — Version 1 0 November 2008 Version Project Information and Prior Project History 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 proposed MCRS will be located parallel to McAlpine Creek beginning at McAlpine Creek Wastewater Treatment Plant and continuing upstream for approximately 16 miles to north of Lawyers Road (within the vicinity of Charlotte INorth Carolina) The project corridor is located in the floodplain of McAlpine Creek McAlpine Creek is located in the Catawba River basin (HU# 03050103) and is classified as Class C waters by the North Carolina Division of Water Quality (NCDWQ) The current land use for the project area consists primarily of forested floodplain golf course and greenway /parkland with adjacent residential subdivisions mowed lawns and commercial development From the downstream end of the project to Highway 51 the project corridor is located on floodplain with extensive emergent wetlands The surrounding landuse is largely commercial to the south and residential to the north of the creek The Carmel Country Club is located between Highway 51 and Colony Road From Sardis Road to US 74 the McAlpine Creek Park and Greenway borders the project corridor Land use along the northern portion of the project corridor is primarily single family residential subdivisions with some commercial and forested areas Dominant vegetation within the project area consists of hackberry (Celtis laevigata) slippery elm (Ulmus rubra) box elder (Acer negundo) green ash (Fraxinus pennsylvarnca) sweetgum (Liquidambar styraciflua) tulip poplar (Linodendron tulipifera) Chinese privet (Ligustrum sinense) and poison ivy (Toxicodendron radicans) According to the Soil Survey of Mecklenburg County on site sods consist of Cecil sandy clay loam (CeB2 and CeD2) Enon sandy loan (EnB and EnD) Iredell Urban land complex (IuB) Mecklenburg fine sandy loam (MeB and MeD) Monacan loam (MO) Monacan sods and Arents (MS) Pacolet sandly loam Wilkes loam (WkB WkD WkE and WkF) and Wilkes Urban land complex (WuD) Cecil Enon Iredell Mecklenburg Pacolet and Wilkes sods are all well drained Monacan soils are somewhat poorly drained and are listed by the NRCS as soils with hydnc inclusions for Mecklenburg County 3b List the total estimated acreage of all existing wetlands on the property 207 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property approximately 2 160 linear feet 3d Explain the purpose of the proposed project The purpose of this project is to install a 79 000 linear foot sewer line that will tie into an existing 78 inch sewer The Project has been divided into four phases The existing McAlpine Creek sewer system has the capacity to meet dry weather flow conditions but is hydraulically overloaded during wet weather storm events Charlotte Mecklenburg Utilities (CMU) completed an evaluation of the trunk sewer system to address the capacity issues in 1995 and proposed to construct the MCRS The MCRS is listed in the City of Charlotte s Fiscal Year 2000 to Fiscal Year 2004 Capital Investment Plan as a necessary project based on existing growth and projected increases in wet weather flows in the McAlpine Creek basin The proposed MCRS improvements are necessary to provide hydraulic capacity to handle peak wet weather flows associated with the existing sewer and to accommodate growth in the McAlpine Creek drainage basin In 2004 the City of Charlotte approved an Administrative Order with the US EPA to construct a number of projects to minimize wet weather sewer system overflows Phase I of the MCRS (15 000 If of 72 inch and 78 inch pipe) is among the projects covered by the Administrative Order 3e Describe the overall project in detail including the type of equipment to be used Unavoidable impacts associated with the 16 mile McAlpine Creek relief sewer construction include the removal of existing wetland vegetation (herbaceous and forested) and jurisdictional stream crossings Permanent impacts will be the result of a 10 feet permanent easement in which forested wetlands will be converted to maintained herbaceous wetlands The proposed sewerlme will utilise very large diameter pipes which will be buried at a considerable depth at the downstream end of the project Typical construction and excavision equipment will be used to construct this project I Page 4 of 14 PCN Form — November 2008 Version B Project Information and Prior Project History 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 ry of determination was made? 4c If yes who delineated the jurisdictional areas Agency /Consultant Company Name (if known) Other 4d If yes list the dates of the Corps Jurisdictional determinations or State determinations and attach documentation Corps Determination April 5 2006 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 A Nationwide Permit Number 12 was issued for this site on July 16 2007 (USAGE Action ID SAW 2007 1904 360) A copy of the permit authorization letter is attached Authorization under this permit expired on July 16 2009 CWS send a letter to the U S Army Corps of Engineers (USACE) on June 11 2009 requesting that the permit be re issued A field meeting was held with Mr Steve Chapin of the USACE on July 14 2009 to discuss the renewal of the permit Mr Chapin requested that CWS re examine the project corridor with regard to jurisdictional wetlands areas On July 17 20 21 and 27 2009 Carolina Wetland Services Inc (CWS) scientist conducted a field review of potential wetlands within the project area of the McAlpine Creek Relief Sewer Project As a result of this field review CWS believes that the actual extent of on site jurisdictional wetlands is considerably smaller than documented in the original permit application CWS submitted a revised wetland impact table along with supporting documentation to the USACE on August 12 2009 A Finding of No Significant Impact ( FONSI) was received from the NC Department of Environment and Natural Resources (DENR) Division of Water Quality (DWQ) on March 10 2006 stating that based on the findings of the EA and on the impact avoidance /mitigation measures contained therein the Division of Water Quality has concluded that the proposed project will not result in significant impacts to the environment A copy of the FONSI letter is attached At the time of the original permit submittal the project design met all the conditions for automatic approval under Water Quality Certificate No 3699 Therefore no submittal was made to the North Carolina Department of Environment and Natural Resources (NCDENR) at that time Since the original permit submittal it has become clear that it is not possible for the project to meet condition number 19 of WQC No 3699 This condition states The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12 2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent possible Due to the large size of the proposed sewer line (68 to 78 pipe) and the depth of the proposed sewer line (up to 17 deep) it will not be possible to limit the construction corridor to 40 feet for Phases I and II of the project The construction corridor will be limited to 40 feet through wetlands and at stream crossings for Phases III and IV of the project CWS is submitting this application for approval of a WQC No 3699 for this project 6 Future Project Plans 6a Is this a phased project? ® Yes ❑ No 6b If yes explain This project is divided into four phases All four phases will be permitted as one single and complete project There are no additional future phases planned for this project Page 5 of 14 PCN Form — November 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la 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 Area of impact (acres) Permanent (P) or impact (if known) DWQ — non 404 other) Temporary T W1 ®P ❑ T Clearing and Forested ® Yes ❑ No ® Corps E] DWQ 0 589 Backfill W2 []PET Clearing and forested/ ® Yes ❑ No ® Corps 20 296 backfill herbaceous ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑P ❑T El Yes No [:1 Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g Total wetland impacts 2079 2h Comments Please see attached cover letter for detailed breakdown of proposed impacts 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) S1 ❑ P ®T utility crossing Major Crossings ® PER ❑ INT 30 520 S2 ❑ P ® T Utility crossing Minor Crossings ❑ PER ® INT 6 920 S3 ❑ P ❑ T ❑ PER ❑ INT S4 ❑ P ❑ T ❑ PER ❑ INT S5 ❑ P ❑ T ❑ PER ❑ INT S6 ❑P ❑T E] PER E] INT 3g Total stream and tributary impacts 1 440 3h Comments All stream impacts are temporary Please see attached cover leter for details Page 6 of 14 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 individually 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 4g Comments Page 7 of 14 PCN Form — November 2008 Version C Proposed Impacts Inventory continued 5 Pond or Lake Construction If pond or lake construction pro osed then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes permit ID no 51 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 y ou MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact (square Zone 2 impact Permanent (P) for impact Stream name mitigation feet) (square feet) or Temporary required? T B1 ❑P ❑T El Yes [-]No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T El Yes El No 6h Total buffer impacts 61 Comments Page 8 of 14 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 Impacts to on site jurisdictional waters of the US have been reduced to the maximum extent practicable The McAlpine Creek Relief sewer system has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters The following paragraph outlines the alternatives analysis and avoidance and minimization efforts undertaken during the planning and design phase of this project The 1995 Sanitary Sewer Facility Plan discussed several alternatives to handle growth and peak flow events in the McAlpine Creek and McMullen Creek basins Alternatives were then developed to evaluate these two banns together These included 1) Construction of relief sewers along the length of each existing basin where the parallel sewers would meet projected growth and wet weather storm events in each basin 2) Construction of approximately 15 000 linear feet of relief sewer in the upper reach of the McMullen Creek basin pumping of excess flows into the McAlpine Creek basin and upsizing pipes in the affected portions of the MCRS to handle the additional flows 3) Construction of approximately 15 000 linear feet of relief sewer in the upper reach of McMullen Creek basin and a wet weather flow equalization facility (there would be no flow transfer into the McAlpine Creek basin and the pipes proposed for the MCRS would be sized as in Alternative 1 above) 4) System rehabilitation to eliminate extraneous wet weather flow sources so that the existing trunk lines could handle projected flows (however based on the flow reductions achieved in a number of pilot programs in the McMullen Creek basin even extensive rehabilitation of existing sewers cannot reasonably be expected to reduce wet weather flows sufficiently so that the existing trunk sewers could handle anticipated flows) and 5) the No Action alternative was not evaluated further since the existing McMullen Creek and McAlpine Creek systems already experience wet weather capacity problems and each basin is projected to experience increased flows as development continues An analysis of alternatives concluded that Alternative 3 combined with continued rehabilitation of existing sewers would provide the most appropriate solutions to meet future customer needs (growth) and wet weather flow events The primary goal of design efforts was to develop an alignment for the MCRS that would avoid /minimize impacts to wetlands watercourses and other identified environmental constraints and minimize potential impacts to cultural resource sites to the maximum extent practicable while still meeting the project purpose and need McKim & Creed Engineers (MCE) initially developed two alternatives (one on either side of McAlpine Creek) The final sewer alignment developed by MCE and CMU was created from the best avoidance and minimization attributes of the two alternatives 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Best Management Practices (BMP s) will be implemented during constuction to avoid further Impacts The construction corridor in wetland areas north of NC Highway 51 will be limited to a width of 40 feet The proposed project will include installation of reinforced concrete pipe ranging in size from 72 inches down to 30 inches in some areas Although this large diameter type pipe is planned to be installed through segments of wetland areas the construction corridor will not exceed the 40 foot maximum corridor width specified for Section 401 Water Quality Certification The permanent maintained portion of the right of way (R/W) corridor within wetland areas will be minimized and will not exceed 10 feet in width except at manhole locations throughout the entire length of the project Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters Anti seep collars will be installed at the downstream wetland boundary and every 150 feet up the gradient until the relief sewer exits the wetland All channel work will be constructed in the dry in accordance with Water Quality Certification No 3699 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 project? El Payment to in lieu fee program ❑ Permittee Responsible Mitigation Page 9 of 14 PCN Form — Version 1 0 November 2008 Version D Impact Justification and Mitigation, continued 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation stream temperature warm cool cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 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 10 of 14 PCN Form — November 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? lb 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 ❑ 0 R 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 governments jurisdiction is this project? City of Charlotte 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 N/A changes to imperveous 4a What is the overall percent imperviousness according to the most current site plan? coverage are not applicable to sewerlme projects 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 11 of 14 PCN Form — Version 1 0 November 2008 Version 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) land9 lb 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 Houses (If so attach a copy of the NEPA or SEPA final approval letter ) ® Yes ❑ No Comments A copy of the FONSI is attached 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) When onginaly permitted this project did not require DWQ approval However as the project plans currently stand this project will require approval from DWQ for WQC No 3699 Construction is ongoing on Phase I of this project and has not yet commenced on Phases II to IV 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 In 2004 the City of Charlotte approved an Administrative Order with the US EPA to construct a number of projects to minimize wet weather sewer system overflows This project is mandated under that Administrative Order While further development may occur in the project watershed it is likely that this development would occur regardless of the construction of this project The construction of this project will result in an improvement in water quality by eliminating wet weather overflows 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 N/A Page 12 of 14 PCN Form — Version 1 0 November 2008 Version F Supplementary Information, continued 6 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? A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on August 6 2009 to determine the presence of any federally listed candidate endangered threatened species or critical habitat located within the project area As of the date of this submittal a response from NCNHP has not yet been received Protected endangered and threatened species were addressed in the EA for this project and it was determined that the project would not have any significant impact 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries http / /sharpfin nmfs noaa gov /website /EFH_Mapper /map aspx 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? A letter was forwarded to the State Historic Preservation Office (SHPO) on August 6 2009 to determine the presence of any areas of architectural historic or archaeological significance that would be affected by the project As of the date of this submittal a response from SHPO has not yet been received The project is located in an urban area the occurrence of any area of architectural historic or archaeological significance is unlikely Cultural resources were addressed in the EA for this project and it was determined that the project would not have any significant impact on cultural resources 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 This project will result in no net rise in flood level Project area will be returned to pre construction grades 8c What source(s) did you use to make the floodplain determination? FEMA FIRM Map No 3710444800J 3710445900J 3170455000J 3170456000J 3170457000J 3170457100J 3170458100J and 3170458200J Page 13 of 14 PCN Form — November 2008 Version F Supplementary Information, continued Gregg C Antemann PWS Principal Scientist Z71- e 7/12/12 Applicant/Agent s Signature Applicant/Agent s Printed Name (Agents signature is valid only if an authorization letter from the applicant Date is provided ) Page 14 of 14 PCN Form — November 2008 Version U S ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID 2009 01131 County Mecklenburg USGS Quad NC Charlotte East GENERAL PERMT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent Anrold Jarrell, Charlotte - Mecklenburg Utilities Department Address 5100 Brookshire Blvd Charlotte, NC 28616 Telephone No 919 733 4181 Size and location of property (water body road name /number town etc ) The McAlpine Creek Relief Sewer Project located within a 16 linear mile corridoi along McAlpine Creek in Charlotte, Mecklenburg County, NC Description of projects area and activity Construct 79,000 LF of sewer line tieing into an existing 78 inch line which will convey wastewater to the McAlpine Creek WWTP located in SW Mecklenburg County Pipe diameter sizes will be 30, 48, and 54 inches The protect will i eun a replacement of 31 aerial stream crossings with subaqueous crossings Approximately 0 589 acre of permanent impact (0 026 additional acre) to forested wetlands and 5 36 aci es of temporary impacts (0 069 additional acre) to forested wetlands will occur All of the temporarily impacted foi ested wetlands will be reforested In addition, 14 327 acres of herbaceous wetlands will be temporarily impacted Almost All of the impacted herbaceous wetlands (which were present in Phase I of the protect) have already been re established to original condition and grade This permit replaces the previous two permits that were issued under Action ID SAW -2007 01904 on 7/16107 and SAW 2009 01131 on 8/28 /09 and have both since expired _ 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 Additional Remarks and/or Special Permit Conditions 1 Monitoring reports showing mortality and growth status regarding reforestation must be submitted annually for a period of 3 years from the date of this permit ALL constructed areas must be returne to pre - construction contours and conditions in impacted wetlands and stream channels In addition, the protect work must be supervised by CMUD or a qualified representative for CMUD to ensure that the protect is constructed in strict accordance with submitted plans and in accordance with the enclosed conditions Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your plans submitted on 10 August 2011 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 Ionger comply with the terms and conditions of the nationwide permit, activities which have commenced (i a are under construction) or the terms and conditions of the nationwide permit activities which have commenced (i a are under construction) or aie 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 of 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 Kichefski at 828 271 7980 Corps Regulatory Official Steve Kichefskt `i 4 �L Date 16 September 2011 Expiation Date of Verification 18 March 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 determination issued August 28, 2009 Action ID 2009 01131 Basis of Jurisdictional Determination The site contains wetlands that meet the criteria of the 1987 Corps Delineation Manual and stream channels that exhibit indicators of ordinary high water marks The stream channels on the property are UTs to McAlpine Creek UT flows into McAlpine Creek which flows into the Catawba River and ultimately the Atlantic Ocean through the McAlpine Creek >Sugar Creek> Catawba River system which is a Section 10 navigable in fact waterway at Lake Wylie Appeals 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 Kichefski 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 3315 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 Issue Date Expiration Date 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 Alan Johnson DWQ (via email) CWS Gregg Antemann 550 E Westinghouse Blvd Charlotte NC 28273 Permit Number 2-00901131 Permit Type NW 12 Name of County Mecklenburg Name of Permittee Anrold Jarrel Charlotte Mecklenburg Utilities Department Date of Issuance 16 September 2011 Project Manager Steve Kichefski 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 Army 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 terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions Signature of Permittee CESAW RG Date