WSCO_CABA_WSWP Other Info_20230628

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£0T 1ls DEPARTMENT OF THE ARMY
f �\\10, WILMINGTON DISTRICT,CORPS OF ENGINEERS
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'1 r' �. P.O.BOX 1890
(ii F�� WILMINGTON,NORTH CAROLINA 28402.1890 •
'•y S ^ate rU s.
"eirwm October 30, 1990 - t D
IN REPLY REFER TOt.in• 1990
Regulatory Branch '
SUBJECT: File No. CESAW-0088-N-013-0061 cf l
Mr. James W. Lentz, Chairman -
Cabarrus County Board of Commissioners
Post Office Box 707
Concord, North Carolina 28025-0707
Dear Mr. Lentz:
In accordance with your written request of November 5, 1987, and the
ensuing administrative •record, enclosed are two copies of a permit to
discharge dredged or fill material into waters of the United States for the
construction of an earthen dam and water supply reservoir' on Coddle Creek,
west of Concord, Cabarrus County, North Carolina.
The .proposed project consists of the construction of an earthen dam across
a narrow part of the Coddle Creek Valley upstream of N.C. Highway 73, a raw
water intake structure, related site piping, and provisions for a future new
pump station. Implementation of the project will also require the realignment
of N.C. Highway 73, the relocation of (a) a power transmission line, (b) two
high pressure refined petroleum'pipelines, and (c) an existing raw water pump
station and intake for the City of Kannapolis, in addition to construction of
a new bridge and approaches for Mooresville Road (N.C. Highway 136) .
The proposed dam will have a length of approximately 2,400 feet with a
height at the maximum section of 45 feet above the creek bed. The elevation
of the top of the dam will be 660 feet mean sea level (MSL) . The principal
spillway will be a 225-foot-wide concrete ogee crest with a chute spillway
and stilling basin, together with a 300-foot-wide concrete spillway. A
500-foot-wide earthen emergency spillway will be located on the left abutment.
• . Excavation from the spillways will be utilized in construction of the '
embankment.
You. should acknowledge that you accept the terms and conditions of the
enclosed permit by signing and dating each copy in the spaces provided
'("Permittee" on page 3) . All pages of both copies of the signed permit with
drawings should then be returned to this office for final authorization. A
self-addressed envelope is enclosed for your convenience.
After the permit is authorized in this office, the original copy will be
returned to you; the duplicate copy will be permanently retained in this
office. Should you have questions, contact Mr. David Franklin, Regulatory
Branch, telephone (919) 251-4952.
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• Sincerely,
James H. Bradley
Chief, Construction-Operations
Division
Enclosures

DEPARTMENT OF THE ARMY PERMIT
Cabarrus County
Post Office Box 707
Permittee Concord, North Carolina 28025-0707
Permit No. CESAW-CO88-N-018-0061
Issuing Office CESAW—CO—E
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of Lhat office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below,
Project Description:
To discharge dredged or fill material into waters of the United States for ,the
construction of an earthen dam and water supply reservoir on Coddle Creek, west
of Concord.
Project Location:
Concord, Cabarrus County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1993 - If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached. •
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2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit, You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places,
ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE,
(33 CFR 325(Appendix A))
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4, If you sell the property associated with this'permit, you must obtain-the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization,
5. If a conditioned water quality certification has been issued for your project,you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it cone
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See attached. All work required by Special Conditions must be completed prior to
impoundment, except as provided for in Special Conditions.
Further Information: -
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.403).
Section 404 of the Clean Water Act(33 U.S.C. 1344).
( ) Section 103 of the Marine Protection,Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal,state, or local authorizations required by law..
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b, Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit
d. Deign or construction deficiencies associated with the permitted work.
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e, Darnage claims associated with any future modification,suspension, or revocation of this permit.
4. ReIiance on AppIicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant, Circumstances that could require a reevaluation include,but are not limited to, the following;
a. You fail to comply with the terms and conditions of this permit.
b. The Information provided by you, in support of your permit application proves to have been false, Incomplete, or
inaccurate (See 4 above).
c. Significant new Information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it.is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuancd of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public Interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit,
Your signature below,as permittee,indicates that you accept and agree to comply with the terms and conditions of this permit.
CABARRUS COUNTY
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(PERMITTEE) (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
THOMAS C. SUERMANN, LIEUTENANT COT.RNE7,
(DISTRICT ENGINEER) (DATE)
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When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property.To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below,
(TRANSFEREE)
(DATE)
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*U.S.GOVERNMENT PRINTING OFFICE:18138—717-25

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SPECIAL CONDITIONS
1. Surrounding the reservoir pool, 526 acres are to be used as mitigation
lands. This will include the creation of 186 acres of wetland habitat
creation (bottomland hardwoods) , reforestation of 170 acres of upland fields,
6 acres of wildlife feed plots, and preservation of 164 acres of forested
uplands and wetlands (140 acres of existing upland hardwood forest and 24
acres of bottomland hardwoods) . All habitat creation areas will be developed
in accordance with a habitat creation mitigation plan to be approved by the
U.S. Fish and Wildlife Service, the N.C. Wildlife Resources Commission, EPA,
and the Corps of Engineers (COE) .
a. Reservoir Shoreline. Surrounding the reservoir pool, 526 acres
are proposed for mitigation. Mitigation in this areas will include 188 acres
of habitat creation (bottomland hardwoods) , 170 acres of upland reforestation,
6 acres of wildlife feed plots, and preservation of 164 acres of moderate
quality forested uplands and wetlands (24 acres of wetlands, 140 acres of
uplands) . Due to the large area involved, each of these various land uses has
been plotted out on the attachments (Figures 1, 2, and 3A through 3J) . All
remaining lands between the maximum pool of 650 feet and 660 feet mean sea
level (MSL) (reservoir buffer area) will be reforested/preserved.
(1) Habitat Creation. Three types of habitat creation are
proposed for this area: 1) wetland creation through flooding by the reservoir
of shoreline areas within the maximum pool area and planting with bottomland
hardwoods; 2) reforestation of cleared fields in the upland buffer area
surrounding the reservoir, and; 3) vegetating a few small cleared upland areas
with wildlife feed sources such as grains, legumes, etc.
(a) Wetland Creation. Cabarrus County is directed by rules
developed by the North Carolina Division of Health Services to clear and grub
an area from 5 feet below to 2 feet above the normal pool of the reservoir.
The normal pool elevation was determined by data developed in the Reservoir
Operation Preliminary Report by HDR Engineering (December 1987) . The normal
pool is defined as the average pool elevation over the period modeled under
the following parameters:
Rainfall Data Period 1951-1986
Maximum Pool Elevation 650 feet MSL (gates fully closed)
Water Supply Demand Year 2020
The normal pool for the reservoir is therefore estimated to be at 646 feet
MSL, and so the area for 641 feet to '648 feet will be cleared and grubbed of
all vegetation.
The dam facility will be constructed to include a concrete spillway designed
' with an overflow elevation of 645 feet MSL. Above the spillway, there will be
5-foot gates which will allow the reservoir pool to be raised to maximum pool
elevation 650 feet MSL. During certain times of the year, based upon rainfall
and withdrawal rates, the pool will temporarily reach this maximum elevation
(Figure 1). .

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All upland areas between 648 feet and 650 feet MSL around the reservoir pool
will be cleared of existing vegetation and replanted with bottomland hardwood
saplings such as green ash, red maple, box-elder, American sycamore and
sweetgum (Figure 2) . Species which exhibit higher tolerance to inundation
will be planted at the lower elevations within this vegetated zone. The
reservoir will be operated to minimize inundation, of these species during
their early stages of development thereby increasing survivorship. A large
number of areas which are presently above 650 feet MSL will be excavated to
650 feet MSL, while a number of other areas which are presently below 648 feet
MSL will be filled to 648 feet MSL (Figures 3A-3J) . The excavated material
will be the source for fill areas; in no instance will more than 3 vertical
feet of material be removed from excavation areas , or 2 vertical feet of
material placed in fill areas. This effort will only be made in upland areas, •
while wetlands which occur at these elevations around the reservoir will be
preserved.
The hardwood species mentioned above will be bare-root saplings planted on
10-foot centers perpendicular to the shoreline. Before planting, a 4-inch
layer of mulch will be spread throughout the planting areas to increase the
organic content of recipient soils. For all habitat creation areas, planted
trees will be obtained from and installed according to sound horticultural
practices by the North Carolina Forest Service.
(b) Upland Reforestation. As illustrated in Figure 2,
several agricultural fields in the buffer surrounding the reservoir will be
cleared and replanted with upland forest species. Species to be used include
shortleaf and Virginia pine, with smaller plots planted with hardwoods such as
yellow poplar, red oak and shagbark hickory as stock of these species is
available.
(c) Wildlife Feed Plots. Two 3-5 acre agricultural fields
(one on each side of the reservoir) will be cleared and replanted with
wildlife feed source vegetation by the North Carolina Forest Service with
support from the ASCS of Cabarrus County. These two plots are illustrated on
Figures 3-C and 3-F.
(2) Preservation. In addition to the creation areas described
above, an_ additional 140 acres of existing forested uplands, and 24 acres of
existing forested wetlands, will be preserved. These areas occur within the
buffer surrounding the pool. Public access to these areas will be limited to
the two public access areas for fishing and canoe launch illustrated on
Figures 3-D and 3-F.
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2. The County shall implement monitoring programs for vegetation
survivorship, growth and recruitment in creation areas , water quality and
biotic recruitment in the reservoir pool, and succession and community
dynamics within preservation areas, including wildlife utilization of the
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project area. Management efforts shall include removal of nuisance vegetation
from creation areas, enhancement of project area habitats for wildlife
(particularly rare species) , and elimination of pest control problems
• associated with the reservoir pool.
The Cabarrus County Utilities Department or its agent will be responsible for
The operation of the reservoir dam facilities according to the approved
Reservoir Operations Plan. The Utilities Department, in conjunction with the
Cabarrus County Department of Parks and Recreation, will be responsible for
the successful development (creation) and management of all mitigation lands.
The Utilities Department and/or its agent(s) will conduct biotic monitoring of
the pool and created lands. The Utilities Department will be responsible for
the timely submittal of all monitoring reports to the appropriate regulatory
agencies.
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a. Monitoring. A periodic monitoring program will be implemented
for: evaluation of growth, recruitment and survivorship of planted vegetation
species in creation areas; water quality in the reservoir pool; and assessment
of the natural development andwildlife utilization of preservation lands in
the project areas. Each of these programs is described in detail below,
including information regarding methodology, scheduling and reports.
(1) Wetland Creation. The wetland areas described above will be
monitored for survivorship of planted species, recruitment, percent coverage
of planted and recruited wetland vegetation, and growth of installed woody
vegetation. Periodic monitoring reports will be submitted to the Corps of
Engineers (COE) .•
(a) Methodology. A specific monitoring scheme using
standard techniques, including regularly spaced parallel transects , shrub and
herbaceous quadrats, photographic stations and qualitative evaluation of
recruitment, will be developed for the wetland creation areas. Monitoring
will be performed by experienced wetlands biologist.
(b) Survivorship and Replanting. Installed vegetation such.
as bare-root saplings will be provided and installed by the North Carolina
Forest Service. The saplings will be of high quality, and plants are to be
installed according to sound horticultural practices. Survivorship of at
least 80% of planted individuals is required at the ends of years 1, 2, and 3.
An 80% areal coverage of non-nuisance wetland vegetation is required through
the end of the 7-year monitoring period. If it iS noted on any monitoring
events during years 1-3 that percent survivorship of installed species has
dropped below 80%, replanting will be done as necessary to accomplish an 80€
survivorship level.
In most cases, vegetation will be installed in rows perpendicular to streams.
Should it become evident that certain species are not surviving well, either
in specific locations around the reservoir or more generally at particular

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elevations (i.e. closer to, or in deeper water, or farther up the hill •
shallower water) , then a suitable substitute species will be selected as a
replacement. For instance, if survivorship of sweetgum in a certain area is
• 20% while survivorship of box-elder is 93%, then the dead sweetgum saplings in
the sweetgum row will be replaced with box-elder. In the same way, if red
maples inundated by 1-2 feet of water at maximum pool all die, but green ash
does well in this area, then the dead red maples in the red maple rows will be
replaced with green ash. .In every instance an effort will be made to maintain
the highest diversity attainable while providing for the highest percent
survivorship possible.
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(c) Scheduling and Reports. Monitoring of habitat creation
areas will be done at the beginning, middle, and end of the growing season
each year during the first four years, and at the beginning and end of the
growing season during years 5, 6 and 7. An initial monitoring report will be
due within 60 days after the completion of mitigation construction, and a
schedule for the monitoring events will be submitted at that time. An annual
progress report will be submitted each year which will summarize the year's
vegetation monitoring events and analyze all data collected to date. Required
maintenance due to nuisance species problems (described later) will be
performed within 60 days of the monitoring events. Required replanting will
be performed annually at the beginning of the growing season.
(2) Water Quality.
in the pool of
the reservoir will be routinely performed nasgopartftof er theual Reservoir ,Operations
Plan. However, it is important to note that data collected to assess
compliance with State and Federal drinking water standards will also provide
insight into the ecological processes that occur in association with lake
eutrophication. Evaluation of such data will be conducted as part of the _
monitoring of the mitigation areas.
(3) Preservation Lands and Wildlife. • As partial mitigation of
impacts to 520 acres of wetlands, the 164 acres of moderate to high quality
forested uplands and wetlands will be preserved. This acreage occurs in
buffer areas around the reservoir. These areas will be periodically monitored
to assess the natural process of succession and wildlife utilization,
(a) Methodology.
habitat creation areas, transects will sbe1est blishedated withonitori acrossnareasg oftproposedus
for preservation. For areas requiring more than one transect, these will be
spaced approximately 100 meters apart- and will span the width of the preserve
area. Parameters recorded will include species of trees, number of
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individuals of each species, and the diameter of breast height (dbh) of each
tree within 5 meters of each side of the transect. Other vegetative cover,
including shrubs and herbs, along with the distribution and approximate
percent cover of each, will be qualitatively assessed within the transect
corridor,

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Wildlife observations will be made while the vegetation monitoring
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done. A written record will be made or mammal, bird, reptile and amphibian
species which are observed or for which calls, scat or tracks are confirmed.
(b) Scheduling and Reports. Monitoring will be done in
conjunction with the monitoring efforts in the habitat creation areas.
Reports assessing the status and condition of preservation areas, along with
• wildlife observed or expected, will be submitted to the COE as appendices to
the monitoring reports for creation areas.
b. Maintenance. Maintenance of mitigation sites (planted areas,
etc. ) will be prescribed to remove nuisance species. Vegetation species
identified as being of low value due to their opportunistic nature, dominating
growth form, toxic secretions, etc, are considered to be a nuisance to the
perpetuation on high quality, self-sustaining vegetated systems. Such species
in the project area would include Sesbania spp. , Ludwigia spp. , Crotalaria
spp. , Alternanthera thiloxeroides, and to a much lesser extent Tvoha spp' ' and
Cenhalanthus occidentalis,
Should individuals of any of these species come to dominate more than 20% of
• the total areas of the site, all individuals will be hand removed from the
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habitat creation areas and removed from the project area. Such removal •will
allow for the doiMinant establishment of- planned and/or otherwise propagated
desirable wetland species of vegetation. This maintenance will be done
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immediately following the monitoring events described above. Maintenance for
nuisance- species will be done as necessary for years 1-7:
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c. Management. The applicant (Cabarrus County) will be responsible
for all monitoring, maintenance, reports,• success requirements and remedial
actions associated with this mitigation plan. The County assumes
responsibility for the permanent conservation (throughout the life of the
reservoir), through whatever means available, of all lands herein described
for purposes of habitat creation, preservation, restoration and enhancement.
3. The Cabarrus County Board of Commissioners, through the Cabarrus
County Planning Department, shall implement and maintain a county-wide mandate
(ordinance) which strictly limits development within a buffer zone along all
perennial streams within the county. This ordinance contains several features
which will protect water quality and will also provide benefits to fish and
wildlife resources. The ordinance is enforced by the county inspections
department. This ordinance must be in full force and effect before the
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permitted action will be allowed. The buffer zone shall be established as
that area which extends 50 feet from the stream bank perpendicular to the
centerline of the stream. If the buffer strip is presently wooded, it cannot
be 'disturbed. Perennial streams are defined as those which are illustrated as
solid blue lines on the USGS Quadrangle topographic maps for the county.
Additional requirements are described in Cabarrus County Zoning Text
Amendment: 3.13 - River/Stream Overlay Zone (RSOZ) (see attached) .
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Failure to adequately implement or enforce the zoning amendment or
unacceptable modification of the zoning amendment will require alternative
mitigation measures to be implemented. The alternative mitigation requirement
• will include the restoration or creation of appro?imately 300 acres of
forested wetlands as per a plan developed in conjunction with the N.C.
Wildlife Resources Commission, the U.S. Fish and Wildlife Service, the EPA,
and the Corps of Engineers.
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4. There shall be a continuous release of water of at least 6 cfs from
the reservoir at all times to augment downstream flows during drought
conditions. This shall be accomplished under normal flow conditions from
water flowing over the spillway and discharging into the creek below the dam,
thereby providing the minimum water requirements necessary to maintain aquatic
life. When the water level drops below the crest of the spillway
645) , such as during periods of low flow into the reservoir, the minimum
downstream release requirement will be maintained by the discharge through the
low level outlet. The low level outlet, which remains open at all times, is
located at elevation 624.67. The bottom of the intake structure is
elevationat
612. . Water will flow into the structure and then through a 48-inch
diameter pipe through the dam and discharge into Coddle Creek. Prior to
discharge into the creek, the water will flow through an energy dissipator
structure and over an 18-foot long riprap lined channel. A staff gauge will
be installed immediately downstream of the release.
5. A sedimentation and erosion control plan will be developed and
approved by the N.C. Department of Environment, Health and Natural Resources
prior to the start of construction. The plan will conform to requirements of
the N.G. Sedimentation Control•Act. The county will assure that the plan's
sedimentation and erosion control measures will be employed to minimize turbidity
and siltation impacts. '
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6. The county will manage fish and wildlife resources in the new reservoir
in accordance with a plan developed in consultation with the N.C. Wildlife
Resources Commission,
7. The county will assure that the activity be conducted in such a manner as
to prevent significant increase in turbidity outside the area of construction or
construction-related discharge
g (increases such that the turbidity in the Stream
is 50 NTU's or less are not considered significant) .
• 8. The results of mitigation monitoring shall be sent to the Division of
Environmental Management at their Headquarters Office and Mooresville Regional
Office. Addresses that should be used are as follows:
N.C. Division of Environmental Management
Water Quality Planning
• Post Office Box 27687
Raleigh, North Carolina 27611-7687
N.C. Division of Environmental Management
Water Quality Regional Supervisor
919 North Main Street
Mooresville, North Carolina 28115