20131291 Ver 1_Public Notice_20140114

Dennison, Laurie
From: Wallace, Nancy SAW <Nancy.Wallace @usace.army.mil>
Sent: Tuesday, January 14, 2014 9:05 AM
Subject: Notification of a Public Notice from Wilmington District Regulatory Division, US Army
Corps Of Engineers (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
As you requested, you are hereby notified that Wilmington District, United States Army Corps
of Engineers has issued a Public Notice. The text of this document can be found on the Public
Notices portion of the Regulatory Division Home Page. Each Public Notice is available in
ADOBE ACROBAT (.pdf) format for viewing, printing or download at
httD: / /www.saw.usace.armv.mil/ Missions/ ReeulatorvPermitProRram /PublicNotices.asDx. As with
anything you download from the internet, be sure to check for viruses prior to opening. The
current notice involves:
PUBLIC NOTICE
ACTION ID #: SAW- 2012 -00058
Project Manager: Ms. Amanda Fuemmeler (828) 271 -7980 ext. 231.
PROJECT DESCRIPTION: The Wilmington District, Corps of Engineers (Corps) received an
application from Charlotte - Mecklenburg Storm Water Services
seeking Department of the Army authorization to place fill in 448 linear feet of stream
channel and 0.24 acre of wetlands, associated with the
construction of the Prosperity Ridge Road connector in Charlotte, Mecklenburg-County, North
Carolina.
ISSUE DATE: January 10, 2014
EXPIRATION DATE: 5:00 p.m., February 10, 2014
Classification: UNCLASSIFIED
Caveats: NONE
i

MPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: January 10, 2014
Comment Deadline: February 10, 2014
Corps Action ID Number: SAW - 2012 -00058
The Wilmington District, Corps of Engineers (Corps) received an application from
Charlotte- Mecklenburg Storm Water Services seeking Department of the Army
authorization to place fill in 448 linear feet of stream channel and 0.24 acre of wetlands,
associated with the construction of the Prosperity Ridge Road connector in Charlotte,
Mecklenburg County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are available on the Wilmington District
Web Site: http: / /www.saw.usace.army.miI /Missions /Re ug latoryPermitPro rg am.aspx
Applicant: City of Charlotte Storm Water Services
Mr. Isaac Hinson
600 East 4th Street
Charlotte, North Carolina 28202
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities under Section 404 of the Clean Water Act (33 U.S.C. 1344)
Location
The site is located approximately 03 miles east of the Prosperity Church Road and Ridge
Road intersection (on Ridge Road) in Charlotte, Mecklenburg County, North Carolina.
The proposed project will connect two unfinished road gaps in Prosperity Ridge Road
between Prosperity Church Road and Ridge Road in the northeast quadrant of the
Prosperity Village Subdivision. Coordinates VF the road segirtent are: 35.373141 °N and
- 80.779926'W. The protect area contains wetland abutting an unnamed tributary to
Stoney Creek located in the Upper Pee Dec- River basin (CL: 030400105). The Yadkin
River joins the Uwharrie River to form the Pee -Dee River. The Yadkin -Pee Dee River is
a Section 10 navigable water starting downstream of the Blewett Falls dam on Blewett
Falls Lake on the Anson /Richmond County line.

Existing Site Conditions
The project area is approximately 2.0 acres and is comprised of asphalt paved roadways,
residential lots with maintained lawns, non - maintained open fields, and woodland areas.
Dominant vegetation within the project area consists of goldenrod (Solidago), sweetgum
(Liquidambar styraciflua), kudzu (Pueraria montana), common blackberry (Rubus
argutus), sericea lespedeza (Lespedeza cuneata), and little bluestem (Schizachyrium
scoparium).
The Soil Survey of Mecklenburg County (NRCS, 1980) identified four mapped soil types
within the project vicinity: Helena sandy loam (HeB), Enon sandy loam (EnB), Cecil
sandy clay loam (CeB2), and Mecklenburg fine sandy loam (MeB). The Enon, Cecil, and
Mecklenburg series are well drained and exhibit high permeability. The Helena series is
moderately well drained with moderate permeability. The Helena series is listed as
partially hydric in Mecklenburg County.
Two wetlands were observed within the project study area. Wetlands were identified as
WL1 and WL2. Wetland 1, designated as WL1, is classified as a Palustrine Emergent
(PEM) / Palustrine Forested (PFO) wetland and is located north of Ridge Road, abutting
Stream 1. WL 1 is approximately 0.23 acre in size. This wetland exhibited inundation,
saturation to the surface, water stained leaves and drainage patterns. Dominant vegetation
identified within WLl included common rush (Juncus effusus), cattail (Typha latifolia),
seedbox (Ludwigia alternafolia), hazel alder (Alnus serrulata), eastern cottonwood
(Populus deltoides) and various sedges (Carex spp). Wetland 2, designated WL2, is
classified as a PEM wetland, and is located south of Ridge Road, abutting Stream 1. WL2
is approximately 0.01 acre in size and is maintained by mowing. This wetland exhibited
saturation to the surface, crayfish mounds, sediment deposits, water stained leaves and
drainage patterns. Dominant vegetation identified within WL2 included watercress
(Nasturtium officinale), fescue (Festuca sp.), polygonum (Polygonum sp.), and various
sedges.
One jurisdictional stream was observed within the project study area and identified as
Stream 1. Stream 1 is an unnamed tributary to Stoney Creek that flows southeast throe -h
the project area and crosses under Ridge Road. Stream 1 was classified as a perennial
relatively permanent water (RPW) and exhibited a 3 -4 foot wide ordinary high water
mark (OHWM). Stream 1 exhibited a well defined bed and bank, moderate flow and
sinuosity and substrate consisting of silt, sand, gravel, and small cobble. Stream 1 rated
51 out of a possible 100 points on the USACE Stream Quality Assessment Form and
scored 311 out of 60 possible points on tilt; ttiC:DWR Stream, Classification Form. Streain 2
is a non jurisdictional roadside swale located in maintained upland lawns. Stream 2
classified as a non- Urisdictional ditch through uplands and exhibited no sinuosity or
groundwater flow. The substrate within Stream 2 consists primarily of silt and vegetation.
Non jurisdictional Stream 2 rated 26 out of a possible 100 points on the USACE Stream
Quality Assessment Form and scored 10 out of 60 possible points on the NCDWR
Stream Classification Form.
-2-

Applicant's Stated Purpose
The basic purpose of this project is to construct a road and new intersection. The overall
purpose of the project is to construct a road that will connect previously segmented
portions of Prosperity Ridge Road to Ridge Road and create a new intersection at Ridge
Road.
Project Description
This project will extend Prosperity Ridge Road to Ridge Road and create a new
intersection. This project is part of the Transportation Action Plan (TAP) that was
adopted by the Charlotte City Council in 2006 that will provide a policy framework to
improve mobility and reduce vehicle - miles -of- travel. This project will construct a section
of the roadway that will serve as an integral part of the roadway system for the future I-
485 interchange. The plan calls for a dense grid of two -lane thoroughfares and a split -
diamond interchange with I -485 rather than a conventional multilane road with a simple
diamond interchange. The split- diamond concept requires that there be three parallel
north -south minor thoroughfares across I -485 to distribute the traffic through the
interchange. Prosperity Ridge Road is the easternmost of the three minor thoroughfares.
Construction of this project will build part of thoroughfare that provides access to the 1-
485 eastbound on -ramp and westbound off -ramp. This section of road that is being
proposed is located on the north side of Ridge Road and connects previously segmented
portions of Prosperity Ridge Road. The southernmost section of Prosperity Ridge Road
that will ultimately connect to the I -485 interchange has been constructed and previously
permitted by a private developer.
Construction of this project will result in 369 linear feet of permanent impacts and 79
linear feet of temporary impacts to jurisdictional Stream 1, and 0.24 acre of permanent
impacts to wetlands. A portion of Stream 1 will be relocated and directed into an
upgraded and extended pipe system that will carry the flow under the proposed
intersection of Prosperity Ridge Road and Ridge Road. Stream 1 currently flows through
an existing 75 linear feet dual 36 inch RCP culvert under Ridge Road. The existing
culivert will be rcplaccd with an extended 8 oot by 4 -foot RCP box C7xiV%rt pip% iytfrill,
totaling 333 linear feet, installed beneath the proposed connector segment of Prosperity
Ridge Road and under the existing Ridge Road. The proposed 8' wide single box culvert
will provide additional hydraulic capacity at lower stages than does the dual 36" pipes
and will provide a 50 -year event or greater level of service for roadway flooding.
Approximately 292 linear feet of Stream 1 upstream of the pipe system will be relocated
and/or fined (o raciiitate Chow into the new pips; system. Approximateiy 85 linear feet- of
new channel will be constructed to catch the new pipe inlet. This felocated portion of
Stream 1, along with an additional 52 linear feet of channel to be enhanced in place, will
transition from the existing channel through a series of three boulder step structures over
85 linear feet, with channel improvements between the boulder step structures. 'These
boulder step structures will be constructed to provide the necessary vertical transition and
to adequately dissipate velocities before entering the proposed box culvert pipe system.
-3-

Average rock size for the boulders used will be 2'x2'xl .5', with the header rock being a
minimum of 2'xl'xl'. Filter fabric will be installed from the middle of the header
boulder and extend downward to the depth of the bottom footer boulder, and then
upstream for a minimum of six feet. A mix of Class A and B rip rap will be used to fill
the upstream side of each structure. The channel improvements will include lining the toe
of the banks with Class I rip rap with filter fabric underneath and installing temporary
erosion control matting and vegetation along the upper portion of the bank. Please note
that the 10 -year velocity exceeds the recommended permissible velocity and sheer stress
limits from soil or synthetic matting, thereby requiring the use of rip rap toe stabilization.
Downstream of Ridge Road, the proposed pipe system will be extended 39 feet beyond
the existing culvert outlet to allow for the construction of a sidewalk. Below the proposed
outlet, flows will discharge to a 38 linear foot stilling basin. The basin will be constructed
of Class I rip -rap with filter fabric under the rip -rap. This stilling basin will also assist
with water quality by slowing flow velocity and allowing sediment to settle out. From the
stilling basin, an additional 27 linear feet of Stream 1 will be reshaped and the toe of the
banks will be stabilized with rip rap before tying back into the original channel. The
channel improvements will be the same as mentioned previously. Due to construction of
a new sidewalk extension along the south side of Ridge Road, the approximate 100 linear
feet of non jurisdictional Stream 2 will be relocated in to an 18 -inch diameter storm water
piping system. Approximately 0.24 acre of wetlands (0.23 acre of WL1 and 0.01 acre of
WL2) will be impacted from construction of the proposed project. Construction of
roadway side slopes will result in the permanent placement of fill within WL1 and WL2.
Impacts to Waters of the U.S. are summarized in Table 1 below.
-4-
-'I'ablcA:-Summary of
Impacts to Jurisdictional Waters of the
U.S. 1
Jurisdictional
Plan Sheet
Impacts
Feature
(Location)
Activity
Permanent
Temporary
Channel relocation and fill for new
Stream I
SD -1
Prosperity Ridge Road segment and
292 LF
0
pipe system installation (upstream of
Ridge Road)
Stream enhancement within cxisting
Stream 1
SD -1
channel to facilitate transition to
0
52 LF
(Sta. 124 +00 — 124 +60)
relocated channel and pipe system
(upstream of Ridge Road)
SD -1
Pipe system extension beyond existing
Stream 1
culvert outlet (downstream of Ridge
39 LF
0
(Sta 119185 120123)
Road)
I
i StrPam 1
SD -I
!Zip rap, stiflinJ basip at pipe system
I
I 3i� f.!
0
Sta. 119+4 - 119 +85)
outlet
I
Stream enhancements and bank
v�
SD -1
Stream 1
stabilization downtstream of stilling
0
27 LF
(Sta. 119+20-- 1 19 +47)
basin
Wetland 1
SD -1
Fill
0.23 Ac.
0
Wetland 2
SD -1
Fill
0.01 Ac.
0
Total Impacts for Streams
369 LF
79 LF
Total Impacts for wetlands
0.24 Ac.
0
-4-

Avoidance and Minimization
The applicant provided information in support of efforts to avoid and /or minimize
impacts to the aquatic environment. There are several constraints that limit the
applicant's ability to avoid and minimize impacts to waters of the U.S. to include 1)
proper connection of Prosperity Ridge Road subdivision stub -out —to- Prosperity Ridge
Road south and South Prosperity Ridge Road —to- Ridge Road 2) minimization of
impacts to adjacent properties and structures and 3) tie -in with the proposed residential
subdivision entrance on the south side of Ridge Road. Given these engineering and
construction goals, the applicant evaluated several alternatives. The main area of impacts
to jurisdictional waters is upstream (north) of Ridge Road. At this location, impacts
generally result from construction of the new segment of Prosperity Ridge Road that
connects with Ridge Road. The location of this road segment is dictated by the existing
Prosperity Ridge Road alignment, stub -out location, and proximity to adjacent structures
and properties. There is no opportunity to adjust the footprint or fill limits of the road.
Outside of the actual road footprint, the proposed storm drainage design and alignment
will result in impacts to jurisdictional waters. This proposed storm drainage design was
evaluated for avoidance and minimization opportunities. Alternative improvement
analysis revealed multiple challenges, including: physical grade constraints of the
roadways; proximity and elevation of existing buildings /structures; existing utilities
within the roadway; and existing drainage system alignment and grade. Jurisdictional
impacts upstream of the proposed Prosperity Ridge Road are due to the extension of the
upgraded pipe system and the location of the inlet of the pipe system, which is shifted
away from the existing alignment of Stream 1. This alignment necessitates relocation of
the stream with enhancement of the relocated channel and existing channel immediately
upstream of the relocated channel. The existing dual 36" RCPs will be replaced with an
8' x 3' RCBC at an average 0.50% slope. The proposed design, including extension and
alignment, are necessary to:
• provide additional hydraulic capacity at lower stages than the existing dual 36"
pipes;
• provide for a 50 -year event or greater level of service for roadway flooding;
• accommodate the road widening and provide adequate clear zone per design
standards;
• minimize flooding potential for adjacent structures and minimize impacts
(abandonment) to the existing upstream channel and wooded areas; and
• minimize extent of impacts upstream and. downstream by raising the proposed
culvert slightly: minimal cover between the proposed finished roadway grade and
the top of the RCBC and the required minimal clearance between the bottom of
the RCBC and the 16" water main and 8" sanitary sewer. (Note: Installation of a
larger size culvert to provide a natural bottom, either buried 1' or a bottomless
arch culvert, is not possible without relocation of a 16" water main, additional
INE

sanitary sewer relocation, approximately 200' of additional channel
improvements upstream and downstream to tie -in, and a complete road closure of
the thoroughfare for an extended duration).
A design alternative that included shifting the inlet to the west, and thereby line up better
with the current stream channel alignment, was considered in an effort to minimize
channel fill and relocation impacts. However, hydraulic and hydrologic analyses indicate
that this alignment would increase flooding at the intersection and of adjacent building
structure at 4902 Ridge Road. This adjacent structure is currently at the same elevation of
the existing roadway but will be lower than the proposed roadway after construction.
These flood concerns dictated that the inlet be relocated to its proposed location.
Improvements to the relocated and existing channel upstream of the proposed pipe
system inlet are also intended to minimize impacts. Storm water is currently directed
across the entire parcel at 6902 Ridge Road and to the existing channel and ultimately the
road crossing. The proposed upstream channel improvements include:
• re- grading the areas adjacent to the roadways to relocate the "low point" of the
system from the northwest curb return to the headwall;
• grading to establish a new channel alignment;
• providing grade control structures within the new upstream channel segment to
provide vertical transition and to minimize length of impacts to the existing
channel and upstream wooded areas; and
• incorporating channel section improvements with a rip rap toe to tie -in to the
existing channel and to minimize scour and bank erosion. A vertical drop of over
3' is needed to connect the existing channel into the proposed crossing (Note: the
10 -year velocity is approximately 4.6 fps and exceeds the recommended
permissible velocity and sheer stress limits for soil or synthetic matting. A
significant amount of overland runoff will be entering the channel from the west
side and the potential for bank erosion at the new channel location and crossing
inlet is higher resulting in the need for structural stabilization.)
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment.
Approxhnately 369 linear feet of stream clan .el will be permanently filled as a result of
this project. The City is proposing to construct 85 linear feet ofne�,v channel with a
boulder step structure sequence on the intake side of the box culvert. The City proposes
that this newly constructed channel segment provide on -site mitigation at a 1:1 ratio. The
City is proposing the utilize the City of Charlotte Umbrella Strearn and Wetland
Mitigation Bank (Bank) and the North Carolina Ecosystem Enhancement Program
(NCEEP) for the remainder of the stream and wetland impacts at a 2:1 ratio.

Essential Fish Habitat
Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that: No historic
properties, nor properties eligible for inclusion in the National Register, are present
within the Corps' permit area; therefore, there will be no historic properties affected. The
Corps subsequently requests concurrence from the SHPO (or THPO). The District
Engineer's final eligibility and effect determination will be based upon coordination with
the SHPO and /or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking's potential direct and indirect effects on historic properties
within the Corp s- indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information, the Corps
determines that the proposed project would not affect federally listed endangered or
threatened species or their formally designated critical habitat. In a U.S. Fish and Wildlife
Service (FWS) letter dated April 9, 2012, a survey for the federally threatened
Schweinitz's sunflower (Helianthus schweinitzii) was requested for the project site. GAI
performed a pedestrian survey within the FWS optimal survey window for Schweinitz's
sunflower on October 24, 2013. Thd appio- ,;.mate 1.50 acre study area centered on the
project's proposed 0.83 acre of non - forested land disturbance. Potential habitat (an
approximate 0.20 -acre area) for the Schweinitz's sunflower is located at the terminus of
the existing paved Prosperity Ridge Road "split" near an approximate 0.15 -acre detention
pond. The Schweinitz's sunflower was not observed during the site investigation in the
project study area. In fact no specimens of the genus Helianthus were found in the project
area. The Sehweinitz's sunflower assessroent report is avaiiable upon request.
Other Required Authorizations
The Corps tbrwards this notice and all applicable application materials to the appropriate
State agencies for review.
-7-

North Carolina Division of Water Resources ( NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92 -500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604 -2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so, in writing, by February 10, 2014 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699 -1650 or,
(Physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest. That
decision will reflect the national concern for both protection and utilization of important
resources. The benefit which reasonably may be expected to accrue from the proposal
must be balanced against its reasonably foreseeable detriments. All factors which may be
relevant to the proposal will be considered including the cumulative effects thereof;
among those are conservation, economics, aesthetics, general environmental concerns,
wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values
(in accordance with Executive Order 11988), land use, navigation, shoreline erosion and
accretion, recreation, water supply and conservation, water quality, energy needs, safety,
food and fiber production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the discharge of
dredged or fill materials in waters of the United States, the evaluation of the impact of the
activity on the publl,; iritc.rest will lnciiAde application of the Environmental Protection
Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials., in(Juding any consolidated State viewpoint or written_ posirion of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects, and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and /or an Environmental Impact Statement (EIS)
-8-

pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to detennine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, February 10, 2014. Comments should
be submitted to Ms. Amanda Fuemmeler, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, North Carolina 28801 -5006, at (828) 271-
7980 extension 231.
MR

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REFERENCE: USGS 7.5'
QUADRANGLE: DERITA,
NORTH CAROLINA
LEGEND FIGURE 4
USGS TOPO MAP
PROJECT LOCATION
PROSPERITY RIDGE ROAD
CONNECTION PROJECT
gat consultants CHARLOTTE MECKLENBURG
STORMWATER SERVICES
MECKLENBURG COUNTY, 0 1,000 2,000 4,000 DRAWN BY: RGJ DATE: 11/29/2011
NORTH CAROLINA Feet CHECKED: APPROVED'

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