20081194 Ver 1_401 Application_20080808

ty
Michael Baker Engineering, Inc.
1447 S. Tryon St.
Charlotte, NC 28203
704-334-4454
FAX [phone]
August 1, 2008
Ms. Cyndi Karoly
NC DENR
Division of Water Quality, 401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Subject: Pre-Construction Notification/401 Certification Package
Muddy Creek Watershed Restoration Project
Mecklenburg County, North Carolina
Dear Ms. Karoly:
.08 1194
AU O
4 2008
DENR - WATER QUkM
WETIAWDS AND STORIWWA7ER BRANCH
Please find enclosed five (5) copies and one (1) digital submittal of our PCN package for the Muddy Creek
Watershed Restoration Project and a check of $570.00 for the permit fee. We have also included five copies of
the following supporting data on the project:
• PCN form and appendices,
• Muddy Creek and Eastland Branch Photo Logs,
• Map Figures (Vicinity Map, Site Map, USGS Topographic Map, Soils Map, Proposed Design Map),
and
• (3) Full size and (2) 1/2 size copies of the Final Plan Set.
The purpose of the project is to improve water quality and by reducing sediment and nutrient loads and restore
hydrologic conditions by restoring channel profile and function and reconnecting the stream to its floodplain.
In addition, this project will improve aquatic and riparian habitat by promoting natural riffle and pool features.
The Priority I Restoration component for Reach 1 in the Proposed Plan Design has been modified from the
original Muddy Creek Watershed Restoration Plan submitted to the Mitigation Bank Review Team (MBRT).
The new design designates Enhancement I (per MBRT) for Reach 1 of Muddy Creek (See Proposed Design
Map for details). See Table 1 for new requested mitigation credit ratios for the project.
Table 1. Updated Mitigation Credit Ratios
Proposed Design
Credit Ratio Existing Design Proposed
Mitigation
Project Feature Approach Condition Condition
Credits
Muddy Creek
Reach 1 Enhancement I 1:1 1,391 1,034 1,034 SMU
Muddy Creek
Reach 2 Restoration
(Priority I & II) 1:1 1,132 LF 1,402 LF 1,402 SMU
Muddy Creek
Reach 3 Enhancement II 1.5:1 1,216 LF
1 1,232 LF 821 SMU
Muddy Creek Restoration 1:1 728 LF 886 LF 886 SMU
Reach 4 (Priority I & II)
Eastland Branch

Reach 5 Enhancement 11 1.5:1 496 LF 496 LF 331 SMU
Eastland Branch Restoration

Reach 6
(Priority I & II) 1:1 1,410 LF 1,736 LF 1,736 SMU
Eastland Branch Enhancement 1 1:1 466 LF 468 LF 468 SMU
Reach 7
Eastland Branch Restoration 1:1 534 LF 659 LF 659 SMU
Reach 8 (Priority I & II)
Wetland 1 Wetland

& 7
Enhancement 2:1 5.7 AC 5.7 AC 2.9 WMU
Please note that the proposed stream restoration and enhancement components of the project have been
discussed with John Dorney and Eric Kulz (NCDNER DWQ) and pending 401 and 404 approval/verification
are to be considered for mitigation credit by the MBRT. Upon acceptance, the credits will be applied to the
City of Charlotte's Mitigation Bank for future use on projects as allowed by the City's Mitigation Banking
Instrument (MBI).
This same information has been submitted to the Asheville Regulatory Field Office of the US Army Corps of
Engineers. If you have any questions, please call me at [phone].
Sincerely
Chris L. Yow, PE, CFM
Project Manager
Enclosures
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 27 & NW43 (for
and
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
III.
1. Owner/Applicant Information
Name: Charlotte-Mecklenburg Storm Water Services
Mailing Address: 600 E. 4th Street, 14th Floor
Attn: Jarrod Karl
Telephone Number: 704-432-0966 Fax Number: 704-336-6586
E-mail Address: jkarlgci.charlotte.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Project Information
Fax Number:
Page 5 of 16
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Muddy Creek Watershed Restoration Project
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN): 133-051-02, 133-051-03, 133-095-03, 133-095-
10, 133-095-07, 133-095-09, 133-094-10, 133-131-02, 133-132-68, 133-131-21, 133-131-22,
133-131-23, 133-131-26, 133-131-27, 133-132-33, 133-132-32, 133-132-31, 133-132-30,
133-161-32, 133-101-10, 133-101-04, 133-101-12, 133-101-01, 133-142-05, 133-133-28,
133-161-03. 133-143-01. 133-131-28. 133-131-29
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): To access the upstream
extent of the project area, take I-74 east to Albemarle Road (NC-24). Take a left onto
Albemarle Road heading east. To access Site 4, continue east on Albemarle Road past to
Pierson Drive. Make a right onto Pierson Drive. Continue southeast on Pierson Drive.
Pierson Drive becomes Amity Place. Continue east on Amity Place to Reddman Road.
Make a left onto Reddman Road and continue north for approximately 1,000 feet to 6536
Reddman Road. At the back of this property, in Cedarwood Park, is Site 4. To access the
upstream extent of Muddy Creek within the project area, continue east on Albemarle Road
past Pierson Drive. Turn right onto Thorn Grove Lane. Continue on Thorn Grove Lane.
Take the 2nd left onto Amity Springs Drive. Continue on Amity Springs Drive for
approximately 1,000 feet and cross an Unnamed Tributary to Muddy Creek. While still on
Amity Springs Drive, continue for approximately 500 feet. Between the 4th and the 5th
condominium building, at the back of the property boundary, is the upstream extent of the
project on Muddy Creek. To access the downstream extent of the project on Muddy Creek,
continue east on Albemarle past Thorn Grove Lane to Reddman Road. Turn right onto
Reddman Road. Continue southeast on Reddman to Country Walk Drive. Make a left onto
Country Walk Drive and then take the 3rd right onto Cold Water Lane. Cold Water Lane
becomes Meadow Hill Drive. On the right side of Meadow Hill Drive, between house
numbers 6345 and 5938, there is an area of open space. Muddy Creek is located at the back
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of the property. Follow Muddy Creek, east, for approximately 750 feet to its confluence with
Campbell Creek, which is the downstream extent of the project area. To access the upstream
extent of Eastland Branch, continue on Albemarle Road past Reddman Road to 5800
Albemarle Road (the old Upton's Department store). At the back of the property boundary
there is a 102" corrugated metal pipe CMP) culvert. This is the upstream extent of the
project on Eastland Branch. To access the downstream extent of Eastland Branch, continue
east from 5800 Albemarle Road. Turn right onto Executive Center Drive. Continue on
Executive Center Drive for approximately 1500 feet and turn right onto Hollins Drive. At
the end of Hollins Drive is Eastland Branch. Follow Eastland Branch southeast to its
confluence with Campbell Creek, which is the downstream extent of the project on Eastland
Branch.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum):
Approximate center of project on Muddy Creek 35.196308 °N -80.752258 °W
Approximate center of project on Eastland Branch 35.1995 ON -80.744969 °W
Approximate center of project on Site 4 35.1923 ON -80.750958 °W
6. Property size (acres)
19.3 Acres
7. Name of nearest receiving body of water: Muddy Creek and Eastland Branch (officially
listed as Unnamed Tributaries to Campbell Creek) & Cedarwood Tributary (a tributary to
Muddy Creek)
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.en_.__. .__1.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The Muddy Creek and Eastland Branch watersheds were
once rural watersheds dominated by forested, agricultural, and pasturelands between 1938
and 1966. Increases in population within the Charlotte metropolitan area resulted in the
expansion and construction of such major thoroughfares as US 74 and Albemarle Road that
facilitated the migration of population and urban development east of Charlotte toward the
Muddy Creek and Eastland Branch watersheds. Between 1966 and 1986 an increase in high
density residential land uses occurred and corresponded with the encroachment of the
Charlotte city limits upon the Muddy Creek and Eastland Branch watersheds following 975.
Since 1986, residential landuses, consisting of 0.25- to 0.50-acre lots and 0.25-acre
multifamily complexes, have continued to expand throughout the watersheds at the expense
of the remaining forested, agricultural, and pasture lands. Muddy Creek's mainstem is 4,467
linear feet (LF). It is a perennial, channelized stream with a flow regime dominated by urban
storm water runoff and is showing evidence of stream bank erosion, poor bedform diversity
and channel incision. Eastland Branch's mainstem is 2,906 LF. It too is a perennial,
channelized stream with a flow regime dominated by urban storm water runoff Stream bank
erosion, poor bedform diversity and channel incision are evident on Eastland Branch. There
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are twelve wetlands that lie within the study corridor of this project Site Map). Wetland 1 is
is an old farm pond that has had a breach in the wall of the dam and consists of both
herbaceous and woody wetland species. Wetland 2 is located in a powerline easement and
consists of both herbaceous and woody wetland species. Wetland 3 and wetland 5 are toe of
slope wetlands that consist of mostly woody wetland species. Please note that Wetland 4 was
identified in the backyard of an adjacent landowner and outside of the proposed project area,
therefore it is not discussed. Wetland 6 is located within the floodplain of Muddy Creek at
the toe of a slope and consists of a mix of woody and herbaceous wetland species. Wetland 7
is located at the toe of a slope within the floodplain corridor and consists of mostly woody
wetland species. Wetland 8 is located in a remnant farm pond and consists of a mix of
woody and herbaceous wetland species. Wetland 9 is a forested toe of slope wetland
Wetland 10 is located in a powerline easement and consists of mostly herbaceous wetland
species. Wetland 11 and 12 are foresed wetlands with some herbaceous wetland species
located at the toe of slope between a parking lot and Eastland Branch. Site 4, also referred to
as Wetland 8, is a small, breached pond/wetland system (approximately 0.21 acres) that
receives high pollutant loads from its drainage area and discharges into Cedarwood Tributary
that enters Muddy Creek just above Reddman Road. Site 10 is an existing, degraded amenity
pond (0.52 acres). It is situated on Muddy Creek in the left floodplain just downstream of
Reddman Road. This pond has been drained or can no longer hold water. Site 9A is an
existing detention pond that receives drainage containing high pollutant loads and discharges
east toward the mainstem of Eastland Branch. Site 9B receives stormwater runoff from an
adjacent office park. See the Site Plan figure for locations of existing project features and the
Photo lou for documentation of existing conditions.
10. Describe the overall project in detail, including the type of equipment to be used: This
project proposes to restore, enhance, and/or stabilize 7,533 linear feet (LF) of channelized
and incized stream within the Muddy Creek Watershed. In addition, the project will enhance
and preserve 5.7 acres of wetland and implement four water quality Best Management
Practices BMPs) within the drainage area. At the beginning of the project area on Eastland
Branch, Enhancement I will be implemented from Station 10+00 to 15+00 to stabilize stream
banks and connect the channel to the existing culvert. To the west of this reach a constructed
wetland 9A) will be implemented to treat run-off from a highly impervious drainage area of
8.1 acres. At station 15+00, Priority I and II Restoration will be implemented throughout the
channel to station 32+50. Priority II Restoration will be used to tie the Priority I sections for
the channel to the Enhancement areas. From station 32+50 to 37+00, Enhancement I will be
implemented. To the east of this reach a constructed wetland (9B) will be implemented and
discharge into the channel at station 35+75. This BMP will treat 13.3 acres of run-off from
an adjacent office park. From station 37+00 to Eastland Branch's confluence with Campbell
Creek, work will consist of Priority I and II Restoration. Priority 11 Restoration will be used
to tie the Priority 1 Restoration into the upstream section of the channel and to Campbell
Creek. The upstream section of Muddy Creek flows through an existing wetland from
station 10+00 to 23+25. Enhancement I will be implemented throughout station 10+00 to
24+81. Priority I and II Restoration will be implemented throughout Reach 2 from station
24+81 to 37+75. Priority II will be implemented to tie the Priority I sections of the reach
back into the existing channel. Enhancement II will be implemented from station 37+75 to
50+00. To the east of the channel in this reach is an existing pond. This pond is to be
Page 8 of 16
retrofitted to treat 13.9 acres of runoff from an adjacent residential neighborhood. From
station 50+00 to Muddy Creek's confluence with Campbell Creek, work will consist of
Priority I and II Restoration. Priority II Restoration will be used to tie the Priority 1
Restoration into the upstream section of the channel and to Campbell Creek. At Site 4 an
existing wetland will be retrofitted to also treat stormwater from the surrounding drainage
area. Bank stabilization will be implemented within Cedarwood Tributarupstream of its
confluence with Muddy Creek. Wetland 1 and Wetland 7 enhancement work will include
invasive species removal, planting of native species, grading to improve hydrologic function
and the incorporation of wetland microtopography. Constructed wetlands will be
implemented at Sites 9A and 9B and an existing amenity pond at Site 10 will be retrofitted
into a retention pond for stormwater treatment from surrounding drainage areas. All channel
work will be conducted off-line where feasible, and pump around systems will be employ
where the proposed channel intercepts the existing channel. Construction equipment to be
used onsite will include excavators, bull dozers, and track trucks. No offsite borrow or spoil
sites will be needed.
11. Explain the purpose of the proposed work: The purpose of this project is to create
geomorphically stable channel conditions for both Muddy Creek and Eastland Branch,
improve and restore hydrologic connectivity between the creeks and their floodplains,
improve water quality by reducing total suspended soils and nutrient loading, improve
aquatic and terrestrial habitat within the project corridor, and generate mitigation credits for
the City of Charlotte's Umbrella Mitigation Bank. In addition, the proposed design will
increase the total existing channel length of Muddy Creek and Eastland Branch from 7,373
LF to 8,163 LF.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A verification of jurisdictional determination QD) was submitted to the
US ACOE on May 29, 2008. As of this time, verification for the 7D has not been received. This
request for a NW 27 and 43 are in reference to the information previously submitted for the 7D.
A floodplain development permit has been applied for and submitted to Mecklenburg County.
The stream restoration and enhancement components of this project are currently being
considered for mitigation credit by the MBRT. Upon acceptance, the credits will be applied to
the City of Charlotte's Mitigation Bank for future use on projects as allowed by the City's MBI.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Page 9 of 16
It is anticipated that the addition of a culvert or a low water crossing will be included in this
project and we are requesting to submit this section of the project as an addendum for 401/404
certification. This part of the project is currently in the design phase and will be located within
the Muddy Creek reach of the project at station 44+50. This structure will be used as a greenway
crossing and has been considered as an impact within the stream related impacts of Reach 3.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
I. Provide a written description of the proposed impacts: Impacts will include the restoration,
enhancement, and/or stabilization of 7,533 LF of existing channelized and incised stream
within the Muddy Creek Watershed, 4,467 LF on Muddy Creek, 160 LF on Cedarwood
Tributary, and 2,906 LF on Eastland Branch, respectively. Impacts to Waters of the State
will include the Priority I and II Restoration and Enhancement along Muddy Creek and
Priority I and II Restoration and Enhancement along Eastland Branch. Wetland enhancement
is proposed for Wetlands I and 7 will result in minor impacts from clearing and grading.
Areas of Wetlands I and 7 that abut or lie adjacent to channel reaches receiving Priority I
Restoration may experience clearing= grading and excavation impacts when reconnecting
each channel's streambank with its floodplain and/or creating the new stream alignment. A
constructed wetland is to be implemented at Site 4, as well as, minor bank stabilization is
proposed for 160 LF of Cedarwood Tributary at its confluence with Muddy Creek. The
construction of Site 4's BMP will create excavation and grading impacts to Wetland 8. Site
10 will impacts 0.65 acres of the existing amenity pond from clearing= grading, and
excavation. See the Project planset, the Proposed Design Map, and Site Map for additional
details.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
Page 10 of 16
Clearing, grading, and
Wetland 1 bank stabilization for
Enhancement I of Herbaceous No 0 LF 1.25
Muddy Creek
Clearing, excavation,
Wetland 7 and grading for Priority
I Restoration of Muddy Forested Yes 48 LF 0.05
Creek
Clearing, grading, and
Wetland 8 excavation for Forested No 0 LF 0.21
constructed wetland

Total Wetland Impact (acres) 1.51
3. List the total acreage (estimated) of all existing wetlands on the property: 6.88 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multillly length X width. then divide by 43.560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
(indicate on ma) Intermittent t
? Before Impact (linear feet) (acres)
Reach 1 Muddy Creek Enhancement I Perennial 17 feet 1,391 0.54
Reach 2 Muddy Creek Priority I & II Perennial 15 feet 1,132 0.39
Restoration
Enhancement II
Reach 3 Muddy Creek and a Culvert or a perennial 17 feet 1,216 0.47
low water crossing
installation
Reach 4 Muddy Creek Priority I & II Perennial 15 feet 728 0.25
Restoration
Reach 5 Eastland Branch Enhancement II Perennial 20 feet 496 0.23
Reach 6 Eastland Branch Priority I & II Perennial 20 feet 1
410 0.65
Restoration ,
Reach 7 Eastland Branch Enhancement I Perennial 17 feet 466 0.18
Reach 8 Eastland Branch Priority I & II Perennial 17 feet 534 0
21
Restoration .
Cedarwood Trib. Cedarwood Trib. Bank Stabilization Perennial 8 feet 160 0.03
Page 11 of 16
Total Stream Impact (by length and acreage) 7,533 2.95
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
Site 10 Existing Amenity Pond Clearing, Grading, and Pond 0.52
Excavation

Total Open Water Impact (acres) 0.52
6. List the cumulative impact to all Waters of the U. S. resulting from the project:
Stream Impact (acres): 2.95
Wetland Impact (acres): 1.51
Open Water Impact (acres): 0.52
Total Impact to Waters of the U. S. (acres) 4.98
Total Stream Impact (linear feet): 7,533
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ® wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Site 4: Excavation, planting, stabilization, and weir
improvements. Site 9A and 913: Installation of concrete riser, wetland plantings, a water
quality orifice, a channel protection orifice, an emergency spillway, and a forebay. Site 10:
Increase drainage area, planting, and reconstruct embankment, outlet pipe, and spillway,
installation of a forebay and an aquatic shelf, and invasive species removal.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): All sites are to be used as Stormwater BMPs
Current land use in the vicinity of the pond: Site 4: Open space and roadway Site 9A:
Mixed residential and oben space Site 913: Hiah density commercial and Site 10: Medium
densitv residential
Page 12 of 16
Size of watershed draining to pond: Site 4: 28.6 acres Site 9A: 8.1 acres Site 913: 13.3
acres and Site 10: 13.9 Expected pond surface area: Site 4: 0.2 acres, Site 9A:
0.2 acres, Site 913: 0.45 acres and Site 10: 0.48 acres
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed impacts are
required to restore stream functions, reconnect the stream channels to their floodplains, improve
water quality, relieve high flow shear stresses, and stabilize eroding stream banks. The project
will ultimately result in a positive impact to the stream corridor by enhancing stream function
and aquatic habitat, improving water quality, increasing the water table elevation in adjacent
wetlands, and increase the overall stream length from 7,533 LF to 8,163 LF. Silt fence and high
hazard fencing will be installed around wetland areas that lie within active work zones to keep
equipment and activity out of the wetland minimizing any additional wetland impacts. In
Wetland 1 where the limits of disturbance lies within the limits of the wetland, silt fence and
high hazard fence will not be installed within the wetland boundaries. No work will be
performed outside the limits of disturbance in Wetland 1, therefore, minimizing additional
impacts. In addition, wetland impacts are positive in nature and will exhibit a rise in base now
elevation due Priority I Restoration on reaches adjacent to or abutting. Construction practices
will follow guidelines from the June 2006 Edition of the NC Erosion and Sediment Control
Planning and Design Manual, the Charlotte Land Development Standards Manual, and the City
of Charlotte Soil Erosion and Sediment Control Ordinance, or the more restrictive of any
standards that conflict.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 13 of 16
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
.//h2o.enr.state.nc.us/r c 's/st. _ .1_ ml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Though mitigation is not required, the stream restoration and enhancement components of
this project are currently being considered for mitigation credit by the MBRT. Upon
acceptance, the credits will be applied to the City of Charlotte's Mitigation Bank for future
use on projects as allowed by the City's NMI.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
Page 14 of 16
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The project involves work in the stream
corridor and it adiacent floodblain. No impervious area will be added to this broiect: therefore.
this section is not applicable.
XIL Sewage Disposal (required by DWQ)
Page 15 of 16
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.
NA
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes No
Is this an after-the-fact permit application? Yes No
XIV. Cumulative Impacts (required by D Q)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality`? Yes [] No El
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:lih2o enr.state.nc us pe.wettands. If no, please provide a short narrative description. This is a
stream restoration ro ectlhat includes a conservation easement over the entire project area. The
easement is to be held-by-the City of Charlotte and will restrict an future development of the
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work :schedules (e.g., draw-dawn schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
An in-office review of information provided b US Fish and Wildlife Service USFWS NC
National Heritage Program NCNH and associated reference material was undertaken prior to
conducting fieldwork. A pedestrian survey of the project area was conducted on March 22 W 23,
2004 to identif the general habitats existing within and near the area. No federally listed
threatened endangered, candidate orspecies of concern have been recorded within 1.0 mile of
the project area based upon the NHP database checked on Aril 19, 2004. No federal or state
protected species were observed in or, adjacent to the roject area during the field survey.
Critical habitat for the listed species, as defined b the USFWS is not desi nated in the ro osed
ro'ect area. The NC Sate Historic Preservation Office SHPfl conducted a review of the
Mudd Cheek Watershed Restoration Project and surmised that no historic resource would be
affected b the project. A co of the SHPO letter is included in the PCN package.
(?` Scu?c, frl?rS n , 11 JOS
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 16 of 16
serval:
"t& ?cva
Michael F, 17.adey, Governor
Lisbeth C;, HVa11s, Secretaty
Jeffrey). Crow, Deputy Secretaq
October 3, 2007
le.risti R. Leadmon Suggs
Baker Engineering NY, Inc.
1447 S. Tryon Street
Charlotte, NC 28203
Office of Archives and Fliscory
Division of Flisrorical Resources
David Brook, Dixector
Re: Muddy Creek and Eastland Branch Stream and Wetland Restoration, Charlotte, Mecklenburg County,
ER 07-1793
Dear Ms, Suggs:
Thank you for your letter of August 9, 2007, concerning the above project We apologize for the delay in our
response.
We have conducted a review of the proposed undertaking and are aware of no historic resources that would be
affected by the project, Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763, ext. 246. In all future
communication concerning this project, please cite the above referenced tracking; number.
Sincerely,
?10ta- (6. ?24 'V_"' -
Peter Sandbeck
North Carolina Department of Cultural Resources
State HistoricPreservation Office
Peter B. Sandlieck, Adm aistwor
3 ti k
UL
Location Mailing Address 'I'clephone/Fse,Y
ADMINISTRATION 507 N. Blount Street, Raleigh NC; 4017 flail Service (:enter, Raleigh NC; 27699-46t7 [phone]/733-8653
RESTORATION S t5 N, Nuuw. Street, Raleigh NC 4617 grail Service Cmrcr, Raleigh NC 27699.4617 [phone]/715.4801
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC: 4617 (fail Service-[ ter, 16 ' igh NC: 27699-4617 [phone]/715•,1801
t
CATAVOBA 03-08-33
a
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YADKIN 03-01-121
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-08-35
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TAW BA
1-08-37
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Vicinity Map
z LEGEND

USGS Hydrologic Unit
Vicinty Map

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Services='?vv= ?Y?? r_-? Counties
Me Id-bu g County, NC
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Services
Vcin
Meoldenbu g County, NC
LEGEND
0 Watershed Boundary
Streets
0 BMPs
— Project Boundaries
850 1,700
TTSiiiiiiiiiiiii Feet
USGS Topo Map
Muddy Creek Watershed
Restoration Plan
Charlotte, NC

Soil Type
n,
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Vicinity LEGEND
Watershed Boundary BMPs Soils Map
Charlortaldockieodurg
rD
11
Streets 0 Existing Wetlands
Muddy Creek Watershed
WATER Project Reaches ® Hydric Soils Restoration Plan

Servr:es ?-- = =

74
- Creeks Charlotte, NC
0 800 1,600
Me Id-bu g County, NC F-
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Vicinity LEGEND

i in - Proposed Project Bo undaries
Site Map
Ch
ADIte•MccAknkurg Streets
STORM Muddy Creek Watershed
WATER Bps Restoration Plan
Existing Channel
Services ?=??
C AR=
Charlotte, NC
0 Existing Wetlands
- Creeks 0 500 1,000
Meoldenburg Counhj, NC Fi'?t
• , + 1 ?
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Vicinity LEGEND
Reach 8 Proposed Conservation Easement
- Reach? Streets Proposed Design Map
Chariofte•Meckfenkurg
STORM
Im Reach 6 - Creeks Muddy Creek Watershed
"'WATER Reach 5 BNlPs Restoration Plan
ServJ,es =
HARM= -Reach 4 0 Proposed Wetland Enhancement
Charlotte, NC
74 Reach 3 Existing Wetlands
Reach 2 0 500 1,000
Meoldenbur g C.." NC Reach l Feet
Muddy Creek
`Detention pond at upstream end o. f Reach 1
r ., 7 ?; .yL / ?•y rte.-,?-. .. '?.
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tity
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Reach 1 - Earthen dam of breached pond

max
Reach 2 - Concrete debris from breached dam Reach 2

Reach 3

Reach 2
4.-2u bla ?? y 7 f ??:
Reach 3

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Reach 3
Reach 4 - Reddman Road culvert

Reach 4 - Concrete debris from breached dam
Reach 4 - Small pond at Reddman Road
Reach 4
Reach 4
Reach 5
Reach 5 Reach 5
Reach 5 - Confluence with Campbell Creek

J F
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ii ... ?• yn
Cedarwood Park wetland
Cedarwood Park wetland
Eastland Branch
Reach 6 - Culvert at
*IF---.

Reach 6
Ink

Reach 7

Reach 7
Reach 8 Reach 8
Reach 9
Reach 9 - Floodplain wetland