20151286 Ver 2_401 Application_20180218

Kimley»>Horn
February 7, 2018
Mr. David Shaeffer
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Ms. Karen Higgins
NC DWR, 401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
PAID J��� 0-
RE: Nationwide Permit 3 Reauthorization Request -
uu FEB 0 9 pp1g
McMullen Creek Tributaries Sewer Replacement and Stream Stabilization —
(USACE SAW -2016-00061; DWR # 15-1286)
City of Charlotte, Mecklenburg County, North Carolina
Dear Mr. Shaeffer and Ms. Higgins:
On behalf of our client, Charlotte Water, Kimley-Horn is submitting a reauthorization request for the
extension of an existing Nationwide Permit 3 for the above referenced project. The McMullen Creek
Tributaries Sewer Replacement and Stream Stabilization project was authorized on January 22, 2016
under the 2012 Nationwide Permit 3 (USACE SAW -2016-00061) with an expiration date of March 18,
2017. The project was slated for construction within the permit approval window and/or the 12 -month
extension following expiration of the 2012 Nationwide Permits, however Charlotte Water has grouped
the Sewer Replacement and Stream Stabilization project with other Charlotte Water projects for the
purposes of bidding an on-call contract. Design of the other projects included in the on-call contract
has lagged, causing a delay in the construction of this project. The projects are now ready for bid and
will be opened within the next month, with the McMullen Creek Tributaries Sewer Replacement and
Stream Stabilization Project being the first to be constructed. Since no modifications have been
made to the permitted project and construction will not be completed within the 12 -month
extension following the expiration of the permit, Charlotte Water is seeking reauthorization
under the 2017 Nationwide Permit 3. Attached for your convenience are the following:
• Agent Authorization
• Pre -Construction Notification (PCN) Form
• Project Site Figures
• 404 and 401 Approvals for the project.
If there is any additional information you need to assist in the processing of this modification request,
please do not hesitate to contact me at 704-409-1802 or [e-mail].
704-333-5131

Kimley>»Horn
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Gam-- �----�
Chris Tinklenberg, PWS
Environmental Scientist
Page 2

AGENT AUTHORIZATION FORM
Name: Bill Deal, P.E.
Address: 500 Brookshire Boulevard, Charlotte, NC 28216
Project Name/Description: Long Creek Stream Restoration Site and additional sites
Date:
10/5/2015
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: William Elliot
Field Office:
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Charlotte Water hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in
their behalf as their agent solely for the purpose of processing of Section 404 permits and Section
401 Water Quality Certifications applications and to furnish upon request supplemental
information in support of applications, etc. for the Long Creek Stream Restoration Project from
this day forward until successful completion of the permitting process or revocation by Charlotte -
Mecklenburg Storm Water Services.
Authorized this the 5 day of October 2015
fitrr
Charlotte Water
Authorized Representative
(Print Name)
Charlotte Water
Authorized Representative
(Signature)

0F�W�A rE9OG
> �l JllJl
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Pre -Construction Notification CN Form
A. Applicant Information
1.
Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
33" Sanitary Sewer Replacement and Stream Stabilization on Two McMullen Creek
Tributaries
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Mecklenburg County
3b.
Deed Book and Page No.
DB 6341, pg. 674
3c.
Responsible Party (for LLC if
applicable):
3d. Street address:
Covey Hollow Court
3e.
City, state, zip:
Charlotte, NC 28210
3f.
Telephone no.:
704-563-5109
3g.
Fax no.:
3h.
Email address:
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Public Agency
4b.
Name:
Bill Deal
4c.
Business name
(if applicable):
Charlotte Water
4d.
Street address:
600 East Fourth Street
4e.
City, state, zip:
Charlotte, NC 28202
4f.
Telephone no.:
704-399-5454
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Chris Tinklenberg, PWS
5b.
Business name
(if applicable):
Kimley-Horn and Associates, Inc.
5c.
Street address:
200 South Tryon Street, Suite 200
5d.
City, state, zip:
Charlotte, NC 28202
5e.
Telephone no.:
704-409-1802
5f.
Fax no.:
5g.
Email address:
Chris. Tinkle nberg@Kim ley- Horn. com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
20953195
1 b. Site coordinates (in decimal degrees):
Latitude: 35.100754 Longitude: - 80.847364(DD.DDDDDD)
(-DD.DDDDDD)
1 c. Property size:
1.7 acre
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Two unnamed tributaries to McMullen Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
McMullen Creek
2c. River basin:
Lower Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project area is located east and south of Covey Hollow Court within the McMullen Creek Greenway in the City of
Charlotte, Mecklenburg County, North Carolina. Existing land use in the vicinity of the project includes single family residential
properties.
3b. List the total estimated acreage of all existing wetlands on the property:
NA
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
-575 If of existing stream at the project site.
3d. Explain the purpose of the proposed project:
The purpose of the project is to replace the exposed/degraded sewer pipe, elevate the channel beds, and stabilize bed
and banks by implementing natural channel design.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will utilize natural channel design techniques to address the instabilities within the stream channels. In-stream
structures, including boulder sills, constructed riffles, and step pools will be used to create grade control, provide in-stream
habitat, enhance aquatic life passage through the project area and to help protect the banks. Overall, the design seeks to
stabilize the channels, reduce erosion, elevate the channel beds, improve in-stream habitat and geomorphology, alleviate
residential flooding, and replace/protect the utilities. It is anticipated that a back-hoe and/or mini excavator will be used to
shape the channels and construct the in-stream structures. The work will be performed in the dry by utilizing a pump-around
system.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑Yes ®No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact number —
Type of
Permanent (P) or
Type of impact
Type of
Forested
jurisdiction
Area of
Temporary (T)
wetland
(Corps - 404,
impact
(if known)
10
(acres)
DWQ — non -
404, other)
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
❑ Yes
❑ Corps
W3 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W4 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W5 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W6 ❑ P ❑ T
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact number -
Type of impact
Stream name
Perennial
Type of
Average
Impact
Permanent (P) or
(PER) or
jurisdiction
stream
length
Temporary (T)
intermittent
(Corps -
width
(linear
(INT)?
404, 10
(feet)
feet)
DWQ —
no n-404,
other)
S1 - Impact 1
Installation of Impervious Dike
UT to
McMullen
® PER
® Corps
8
43
❑ P ® T
and Pump Around
Creek — Site A
❑ INT
® DWQ
S1 - Impact 2
® P ❑ T
Restoration/Stabilization
UT to
McMullen
® PER
❑ INT
® Corps
® DWQ
8
179
Creek
S2 - Impact 3
Installation of Impervious Dike
UT to
McMullen
® PER
® Corps
8
96
❑ P ® T
and Pump Around
Creek
❑ INT
® DWQ
S2 - Impact 4
® P ❑ T
Restoration/Stabilization
UT to
McMullen
® PER
❑ INT
® Corps
® DWQ
8
102
Creek
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

3h. Total stream and tributary impacts 420
3i. Comments: The proposed project will result in a net gain of 8 linear feet of waters of the US.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑ PEI T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse El Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6d.
6e.
6f.
6g.
Buffer impact
number —
on
KRe
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary (T)
ct
required
B1 ❑ P❑T
El Yes
❑ No
B2 ❑ P❑T
F1 Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
All impacts are associated with stream restoration activities and will follow specific restoration protocols.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Several of the measures that will be implemented in order to minimize impacts include the utilization of a pump -around to
facilitate work in the dry, the use of temporary erosion control matting and planting of native vegetation for stabilization. All
sediment and erosion control and de -watering measures will be removed upon completion of construction and the temporary
areas of disturbance will be stabilized and restored to pre -construction contours.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0 % (No impervious added)
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: Linear public transportation projects will
be
required to treat stormwater runoff to the Maximum Extent Practicable in accordance with the practices described in the
NCDOT
Best Management Practices (BMP) Manual. (No new development)
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1: Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
® Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes' to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes' to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
El Yes F1 No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project objective is to repair current erosion and stabilize the stream channel in order prevent future erosion from
occurring on the subject property. These repairs will not result in additional development.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Heritage Program Database; Pedestrian survey performed by Kimley Horn staff.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
North Carolina Natural Heritage Program Database
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
North Carolina State Historic Preservation Office HPOWEB GIS Service
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FIRM Panel 4449 (Effective March 2, 2009); Flood Risk
Information System (FRIS)
Gam—
Chris Tinklenberg, PWS
2/7/2018
Applicant/Agent's Signature
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authorization letter from the applicant
Date
is provided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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Figure 2 - USGS Topo (Weddington Quadrangle, 1993
Project Area CHARLOTTE
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Title: Legend:
Figure 3 -SSURGO Soils (2015 Aerial Photograph)
Project Area CHARLOTTE
N Meck Co. Streams ` A / TER
^
Kimley>>> Horn VV C K
0 150 300 Feet
l i I

S2(INT) - Impact 3
96 If - Temporary
Installation of Impervious Dike
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4
S2(INT) - Impact 4
102 If - Permanent
Restoration/Stabilization
.f. { Net Loss - 2 If
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Title-. Figure 4b - Site B Legend
Jurisdictional Features and Improvements (2015 Aerial Photograph) Project Area #%#Proposed Stream Centerline
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N.. Existing Stream Centerline Step -Pool Sequence
Kimley * Horn
0 15 30 Feet
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CHARLOTTE
W4TER

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-00061 County: Mecklenburg U.S.G.S. Quad: NC -CHARLOTTE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Charlotte Water
Bill Deal
Address: 600 East Fourth Street
Charlotte, North Carolina, 28202
Telephone Number: 704-399-5454
Size (acres) Nearest Town Charlotte
Nearest Waterway McMullen Creek River Basin
USGS HUC 3050103 Coordinates Latitude: 35.10169
Longitude: -80.84687
Location description: The subject project is located east and south of Covey Hollow Court within the McMullen Creek
Greenway alignment. PIN 20953195.
Description of projects area and activity: This verification authorizes grading and filling in 281 linear feet of stream to facilitate
the replacement of a sanitary sewer pipe and the installation of step pools which will be used to protect the sewer line and
improve water quality, channel bed elevations, bank stability, and aquatic habitat.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: Nationwide Permit 3. Maintenance
SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated December I L 2015, and the enclosed plan Figures 14b dated December 11, 2015.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements. For activities
occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning
work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David Shaeffer at David.L.Shaeffer(&usace.armv.mil.
o V +M � A vwnunnwin(i. �sosn
au5, o -US (awinrA w-wA who. w.us..
Corps Regulatory Official: "�m^^°�� Date: 1/22/2016
Expiration Date of Verification: 03/18/2017

SAW -2016-00061
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis For Determination: Based on information submitted by the applicant and available to the
U.S. Army Corps of Engineers, the project area appears to exhibit criteria for waters of the U.S. as
defined in 33 CFR 328, Regulatory Guidance Letter 05-05, the JD Guidebook (i.e. Rapanos Guidance),
the 1987 Wetland Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern
Piedmont and Mountains v2.0. See the preliminary jurisdictional determination form dated 1/22/2016
included in the file.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by not applicable.
**It is not necessary to submit an�\/\�\RFA
/]�form to the Division Office if you do not object to the determination in this correspondence.**
4`—.� �• �r.
0,9"#yCUS.-U M9UFFTE M DDD.M1760]505]3
Dll t�15, mUSGm�,mm�rc, w�oD. w�lll au=USA
Corps Regulatory Official: 5.201 01.n 0&37,03 IMXAA505fl
Date AEFF � 7LEI RI26
David L. Shaeffer
Date of JD: 1/22/2016
Expiration Date of JD: not applicable

SAW -2016-00061
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm—apex/Pp=l 36:4:0
Copy furnished:
Agent: Chris Tinklenbere
Address: Kimley-Horn
200 South Tryon Street, Suite 200
Charlotte, North Carolina, 28202
Telephone Number: 704-409-1802

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEA
Applicant: Charlotte Water Bill Deal
File Number: SAW -2016-00061 Date: 1/22/2016
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
® PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://WWW.Llsace.g.M.mil/Missions/CivilWorks/RegulatonLProgramandPennits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section H of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division, Attn:
Mr. Jason Steele, Administrative Appeal Review Officer
David Shaeffer, Asheville Regulatory Field Office, US
CESAD-PDO
Army Corps of Engineers, 151 Patton Avenue, Room 208,
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investiations.
Date: Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OMI 5, Atlanta, Georgia 30303-8801
Phone: [phone]

ENCLOSURE
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 1/22/2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Charlotte Water,
Bill Deal
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, City of Charlotte,
McCullen Sewer Replacement and Stabilization, SAW -2016-00061
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format):
Lat. Error! Reference source not found.° N, Long. -80.846870 W.
Universal Transverse Mercator:
Name of nearest waterbody: UT to McMullen Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: 575 linear feet: 8 width (ft) and/or 0.11 acres.
Cowardin Class: Riverine
Stream Flow: Perennial and Intermittent
Wetlands: None. acres.
Cowardin Class:
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal: None
Non -Tidal: None
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 1/22/2016
❑ Field Determination. Date(s):
1. The Corps of Engineers believes that there may be jurisdictional waters of the United
States on the subject site, and the permit applicant or other affected party who requested this
preliminary JD is hereby advised of his or her option to request and obtain an approved
jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other
person who requested this preliminary JD has declined to exercise the option to obtain an
approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre -construction
notification" (PCN), or requests verification for a non -reporting NWP or other general permit,
and the permit applicant has not requested an approved JD for the activity, the permit
applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a
permit authorization based on a preliminary JD, which does not make an official determination
of jurisdictional waters; (2) that the applicant has the option to request an approved JD before

accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an approved JD could possibly result in less compensatory mitigation being
required or different special conditions; (3) that the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other general
permit authorization; (4) that the applicant can accept a permit authorization and thereby agree
to comply with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking any activity in
reliance upon the subject permit authorization without requesting an approved JD constitutes
the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be
processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a
proffered individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a preliminary JD constitutes agreement that all wetlands and other
water bodies on the site affected in any way by that activity are jurisdictional waters of the
United States, and precludes any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court; and
(7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will
be processed as soon as is practicable. Further, an approved JD, a proffered individual permit
(and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative
appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that
administrative appeal, it becomes necessary to make an official determination whether CWA
jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the
site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the subject project
site, and identifies all aquatic features on the site that could be affected by the proposed
activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked
items should be included in case file and, where checked and requested, appropriately
reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: vicinity,
topography, soils, delineation map, and project design plans included in file.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Mint Hill.
® USDA Natural Resources Conservation Service Soil Survey. Citation:SSURGO Soils
GIS Data.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):2016 Mecklenburg County Aerial.
or ® Other (Name & Date):2015 Field Photos in the file.
❑ Previous determination(s). File no. and date of response letter:

❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Digitally signed by
SHAEFFER.DAVID.LEIGH.1260750573
DN: -US, —U.S. Government, ou=DoD,
ou=PKI, ou=USA,
cn=SHAEFFER.DAVI0.LEIGH.1260750573
Date: 2016.01.22 00:35:44 -05'00'
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) 1/22/2016 (REQUIRED, unless obtaining the signature is
impracticable)

Aquatic Resources Inventory Table
Estimated
Class of
Site
Latitude
Longitude
Cowardin
amount of
aquatic
number
Class
aquatic resource
in review area
resource
1
35.1001
-80.8476
Riverine
266 linear feet
Non -section 10 —
non -wetland
2
35.1017
-80.8469
Riverine
200 linear feet
Non -section 10 —
non -wetland

Water Resources
ENVIRONMENTAL QUALITY
January 29, 2016
Mr. Bill Deal
Charlotte Water
600 E. Fourth Street
Charlotte, NC 28202
PAT MCCRORY
DONALD R. VAN DER VAART
Sec retm✓V
S. JAY ZIMMERMAN
01mcior
DWR# 15-1286
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
33" Sanitary Sewer, McMullen Creek Tributary
Dear Mr. Deal
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated December 11, 2015,
and received by the Division of Water Resources (the Division) on December 14, 2015. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3883 which can be viewed on our web site at
http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use
Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers
(COE). Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 150 linear feet, compensatory mitigation may be required. If the
property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H
.0506 and 15A NCAC 02H.0507
2. The site(s) shall be monitored for two years following completion of construction to
ensure stability of the stream work. Any repairs shall be monitored, likewise.
3. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
Sure of Nonh Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Officel 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

4. Approved Impacts:
Type of Impact Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream 139 linear ft.
181 linear ft.
Wetland 0 acre
0 acre
Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
6. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR.
7. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic
fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3)
8. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely,
4:-M W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc, Chris Tinklenberg, Kimley-Horn (email)
Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
MRO, Land Quality