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HomeMy WebLinkAbout20051497 Ver 5_Permit Package_PCN_9/18/2018 12:13 PMCorps Submittal Cover Sheet Please provide the following info: 1. Project Name McAlpine Creek Environmental Restoration Project 2. Name of Property Owner/Applicant: Charlotte Storm Water Services (CSWS) 3. Name of Consultant/Agent: CSWS; Mr. Jarrod Karl *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): N/A 5. Site Address: McAlpine Creek between Providence Road and Sardis Road 6. Subdivision Name: N/A 7. City: Charlotte 8. County: Mecklenburg 9. Lat: N35.13230° Long: W80.77371° (Decimal Degrees Please) 10. Quadrangle Name: Charlotte East and Weddington, NC 1991 and 1988 respectively 11. Waterway: UT’s to McAlpine Creek and McAlpine Creek 12. Watershed: Catawba (HU# 03050103) 13. Requested Action: X Nationwide Permit # 3, 27, and 33 X General Permit # Water Quality Certification Nos. 3687, 3689, and 3688 X Jurisdictional Determination Request Pre-Application Request -------------------------------------------------------------------------------------------------------------------------------- The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 866-527-1177 (office) 704-527-1133 (fax) NORTH CAROLINA · SOUTH CAROLINA WWW.CWS-INC.NET April 30, 2009 Ms. Amanda Jones U.S. Army Corps of Engineers 151 Patton Avenue Asheville, NC 28801 Subject: Pre-Construction Notification Pursuant to Nationwide Permit Nos. 3, 27, and 33 and Water Quality Certification Nos. 3687, 3689, and 3688 McAlpine Creek Environmental Restoration Project Charlotte, North Carolina Carolina Wetland Services Project No. 2008-2223 The McApline Creek Environmental Restoration Project is located along approximately 5,200 linear feet of McAlpine Creek from Sardis Road to Providence Road (NC-16) in Charlotte, North Carolina (USGS Site Map, enclosed). The purpose of this project is to restore the geomorphic stability and enhance the aquatic habitat of this reach of McAlpine Creek and adjacent tributaries. McKim & Creed has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. Applicant Name: Charlotte Storm Water Services, Mr. Jarrod Karl Mailing Address: 600 East Fourth Street, Charlotte, NC 28202 Phone Number of Owner/Applicant: 704-336-7600 Street Address of Project: McAlpine Creek between Sardis Road and Providence Road Waterway: UT’s to McAlpine Creek and McAlpine Creek Basin: Catawba (HU# 03050103) City: Charlotte County: Mecklenburg Decimal Degree Coordinate Location of Project Site: N35.13230°, W80.77371° USGS Quadrangle Name: Charlotte East and Weddington, NC 1991 and 1988 respectively Current Land Use The current land use for the project area consists primarily of wooded floodplain with adjacent residential areas and mowed lawns. Dominant vegetation within the project area consists of sweetgum (Liquidambar styraciflua), box elder (Acer negundo), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), tulip poplar (Liriodendron tulipifera), Chinese privet (Ligustrum sinense), and poison ivy (Toxicodendron radicans). According to the Soil Survey of Mecklenburg County1, on-site soils consist of Cecil sandy clay loam (CeB2), Wilkes loam (WkE and WkD), and Monacan loam (MO). Cecil and Wilkes soils are well-drained, while Monacan soils are somewhat poorly-drained. Monacan soils are listed by the NRCS as soils with hydric inclusions for Mecklenburg County2. Jurisdictional Delineation On May 21, 2008, August 12 and 14, 2008, and April 29, 2009 scientists from CWS delineated (flagged in the field) and classified on-site jurisdictional waters of the U.S. using the U.S. Army Corps of Engineers (USACE) - Routine On-Site Determination Method. This method is defined in the 1987 Corps of 1 United States Department of Agriculture, 1971. Soil Survey of Mecklenburg County, North Carolina. 2 NRCS Hydric Soils of North Carolina, December 15, 1995. McAlpine Creek Environmental Restoration April 30, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 2 Engineers Wetlands Delineation Manual.3 There are five jurisdictional wetland areas located within the project area (Wetlands AA-EE). Routine On-Site Data Forms representative of Wetlands AA – EE and adjacent upland areas are enclosed (DP1 – DP7). Jurisdictional stream channels were classified according to recent North Carolina Division of Water Quality (NCDWQ)4, USACE, and U.S. Environmental Protection Agency (USEPA) guidance. NCDWQ Stream Classification Forms and USACE Stream Quality Assessment Worksheets representative of Streams A – D have been enclosed (SCP1 – SCP4). NCDWQ Stream Classification Forms representative of non-jurisdictional features have also been enclosed (SCP5 and SCP6) and a USACE Approved Jurisdictional Determination Form has been included for Stream A. The results of the on-site field investigation conducted by CWS indicate that there are four jurisdictional stream channels (Streams A, B, C (McAlpine Creek), and D), five jurisdictional wetland areas (Wetlands AA – EE), and one jurisdictional open water area (Pond FF) located within the project area (Figure 1, enclosed). On-site jurisdictional waters include McAlpine Creek and unnamed tributaries to McAlpine Creek. McAlpine Creek is within the Catawba River basin (HU # 030501035) and is rated “Class C waters” by the NCDWQ. Linear footage and acreage of on-site jurisdictional waters are summarized in Table 1, below. Table 1. On-Site Jurisdictional Waters Jurisdiction Jurisdictional Feature USACE/EPA Rapanos Classification Intermittent / Perennial SCP No./ DP No. NCDWQ Stream Classification Score USACE Stream Assessment Score Approx. Length Linear Feet (lf) Approx. Acreage (ac) Stream A Seasonal RPW Important Intermittent SCP1 28 37 395 0.08 Stream B Perennial RPW Perennial SCP2 36.5 53 2,195 0.23 Stream C (McAlpine Creek) Perennial RPW Perennial SCP3 51 61 5,268 2.72 Stream D Perennial RPW Perennial SCP4 40 50 646 0.26 Channel Subtotal: 8,504 3.29 Wetland AA Adjacent to Perennial RPW DP3 N/A N/A N/A 0.34 Wetland BB Adjacent to Perennial RPW DP3 N/A N/A N/A 0.11 Wetland CC Adjacent to Perennial RPW DP5 N/A N/A N/A 1.32 Wetland DD Adjacent to Perennial RPW DP4 N/A N/A N/A 0.55 Wetland EE Adjacent to Perennial RPW DP7 N/A N/A N/A 0.06 Wetland Subtotal: N/A 2.38 Pond FF Adjacent to Perennial RPW N/A N/A N/A N/A 1.56 Open Water Subtotal: N/A 1.56 On-Site Total: 8,504 7.23 Intermittent Streams Stream A is approximately 395 linear feet in length (Figure 1, enclosed). Stream A was evaluated to be an important intermittent stream and exhibited a strong bed and banks, average ordinary high water widths of 8-10 feet, weak to moderate flow during drought conditions, and substrate consisting of silt, 3 Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 4 North Carolina Division of Water Quality, 1999. Stream Classification Method. Version 2.0. 5 “HU#” is the Hydrologic Unit Code. Hydrologic Unit Map, State of North Carolina. U.S. Geological Survey. 1974. McAlpine Creek Environmental Restoration April 30, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 3 coarse sand, gravel and cobbles. Biological sampling within this portion of Stream A resulted in a weak presence of amphibians. Due to the evidence of flow for at least three consecutive months a year, this portion of Stream A was classified as a Seasonal Relatively Permanent Water (RPW) according to USACE/EPA guidance. Important Intermittent Seasonal RPW Stream A scored 37 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and 28 out of a possible 71 points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP1, enclosed). A representative photograph of Important Intermittent Seasonal RPW Stream A is enclosed as Photograph A. Perennial Streams Stream B is approximately 2,195 linear feet in length (Figure 1, enclosed). Stream B was evaluated to be perennial and exhibited strong bed and banks, average ordinary high water widths of 3-6 feet, moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream B resulted in a weak presence of crayfish and macrobenthic invertebrates. Due to the evidence of typical year round flow, Stream B was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream B scored 53 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 36.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP2, enclosed). Stream C (McAlpine Creek) is approximately 5,268 linear feet in length (Figure 1, enclosed). Stream C was evaluated to be perennial and exhibited a strong bed and bank, strong riffle-pool sequences, average ordinary high water widths of 15-30 feet, strong flow during drought conditions, and substrate consisting of silt to medium gravel with a few larger cobbles and boulders. Biological sampling within Stream C resulted in a strong presence of crayfish, fish, amphibians, and macrobenthic invertebrates. Stream C also had a moderate presence of filamentous algae and iron oxidizing bacteria. Due to the evidence of typical year round flow, Stream C was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream C scored 61 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 51 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP3, enclosed). Stream D is approximately 646 linear feet in length (Figure 1, enclosed). Stream D was evaluated to be perennial and exhibited strong bed and banks, average ordinary high water widths of 15-20 feet, moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream D resulted in a moderate presence of crayfish and amphibians and a weak presence of fish and macrobenthic invertebrates. Due to the evidence of typical year round flow, Stream D was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream D scored 50 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 40 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP4, enclosed). A photograph of Perennial RPW Stream D is enclosed as Photograph B. Wetlands Wetlands AA (approximately 0.34 acres) and BB (approximately 0.11 acres) are located in the central portion of the project area on the southern side of McAlpine Creek within the floodplain (Figure 1, enclosed). These forested wetland areas are hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash (Fraxinus pennsylvanica), box elder (Acer negundo), red maple (Acer rubrum), and lurid sedge (Carex lurida). These wetland areas exhibited low chroma soils (10 YR 6/1), many distinct mottles (7.5YR 5/6), water stained leaves, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland AA and BB is enclosed (DP3). A photograph of Wetland AA is enclosed as Photograph C. McAlpine Creek Environmental Restoration April 30, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 4 Wetland CC (approximately 1.32 acres) is located in the western portion of the project area on the northern side of McAlpine Creek within the floodplain (Figure 1, enclosed). This forested wetland area is hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash, box elder, poison ivy (Toxicodendron radicans), green arrow arum (Peltandra virginica), and lurid sedge. This wetland area exhibited low chroma soils (10 YR 5/2), many distinct mottles (7.5YR 4/6), drift lines, standing water, water marks, sediment deposits, drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland CC is enclosed (DP5). A photograph of Wetland CC is enclosed as Photograph D. Wetland DD (approximately 0.55 acres on-site) is located in the central portion of the project area on the southern side of McAlpine Creek within the floodplain (Figure 1, enclosed). The majority of Wetland DD is located off-site. This forested wetland area is hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash, box elder, red maple, slippery elm (Ulmus rubra), fringed sedge (Carex crinita) and lurid sedge. This wetland area exhibited water stained leaves, saturation to the surface of the soil profile, and inundation in some areas. A Routine On-Site Determination Form representative of Wetland DD is enclosed (DP4). A photograph of Wetland DD is enclosed as Photograph E. Wetland EE (approximately 0.06 acre) is located in the western portion of the project area on the southern side of McAlpine Creek within the floodplain (Figure 1, enclosed). This forested wetland area is hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash (Fraxinus pennsylvanica), box elder (Acer negundo), sweetgum (Liquidambar styraciflua)), slippery elm, fringed sedge (Carex crinita), lurid sedge, and poison ivy. This wetland area exhibited drift lines, sediment deposits on leaves, water stained leaves, and wetland drainage patterns. A Routine On-Site Determination Form representative of Wetland EE is enclosed (DP7). A photograph of Wetland EE is enclosed as Photograph F. Open Water Areas Pond FF (approximately 1.56 acres) is located on the northern side of McAlpine Creek (Figure 1, enclosed). Pond FF is a man-made pond serving as a storm water detention pond for an apartment complex. Pond FF has a hydrological connection to Wetland CC. Non-Jurisdictional Features Additional drainage features are located to the south of McAlpine Creek and were investigated during the field survey. These features both displayed a discontinuous bed and bank. These features were determined to be non-jurisdictional ephemeral drains and scored 7.5 and 13.25 out of a possible 71 points on the NCDWQ Stream Classification Form, indicating non-jurisdictional ephemeral status (SCP5 and SCP6). Representative photographs of these non-jurisdictional drains are enclosed as Photographs G and H. Routine On-Site Data Forms representative non- jurisdictional upland areas have been enclosed (DP1, DP2, and DP6). Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on June 9, 2008 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter, dated July 21, 2008 (enclosed), the SHPO stated that they “are aware of no historic resources that would be affected by the project.” McAlpine Creek Environmental Restoration April 30, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 5 Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on June 9, 2008 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. In a response letter, dated June 18, 2008 (enclosed), the NCNHP stated that they have “no record of rare species, significant natural communities, significant natural heritage areas, or conservation/managed areas at the site nor within a mile of the project area.” Purpose and Need for the Project The main stem of McAlpine Creek between Sardis Road and Providence road is deeply incised, and has been dredged and straightened in the past. It has characteristics of an ‘improved’ storm drainage channel, particularly in the upper part of the stream near Sardis Road. This portion of the mainstem has virtually no sinuosity, pattern or definable pools and all riffles are heavily embedded with sand and silt. Banks average 90 degrees or more and are mostly denuded. About halfway between Sardis and Providence Roads (proposed stream station 32+00) the stream does meander slightly and steepens, which has exposed some bedrock. The quality of the riffle substrate, riffle/pool patterns, etc. are still poor along this reach but superior to the upstream portion. The purpose of this project is to conduct stream restoration and enhancement on McAlpine Creek and two unnamed tributaries to McAlpine Creek (SR2 and SR3) which are also in degraded condition. The primary goals of this stream restoration are: (1) to improve water quality by reducing total suspended solids (TSS) and nutrient loading; and (2) lessen structural flooding downstream by creating more geomorphologically stable channels throughout the project area while improving and restoring their hydrologic connection to their floodplains. In addition, the project will restore aquatic and terrestrial habitat and enhance recreational and educational opportunities as well as provide flood water storage and create mitigation credits. Wetland construction will also be conducted on the floodplain of McAlpine Creek with the purpose of improving water quality. Temporary impacts to on-site jurisdictional waters are necessary to alleviate channel erosion and enhance aquatic habitat. Pond FF will be retrofitted as a multi-cell storm water treatment wetland. In addition to providing improved storm water treatment this will result in improved habitat diversity and quality. Additionally, a greenway trail is proposed for construction adjacent to McAlpine Creek. This greenway trail will extend the existing greenway trail located to the east of Sardis Road. The proposed trail will link Providence Road to the existing Mecklenburg County greenway trail network. There are no impacts to jurisdictional waters associated with the construction of the greenway trail. Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Restoration work will result in an improvement in stream stability and ecological function. The proposed greenway trail has been designed to completely avoid impacting existing wetlands. There is one unavoidable stream crossing associated with the construction of the greenway trail. This crossing will be accomplished with a bridge and will not result in any impacts to jurisdictional waters. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All channel work will be constructed in the dry in accordance with Water Quality Certification No. 3689. McAlpine Creek Environmental Restoration April 30, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 6 Proposed Impacts to Jurisdictional Waters Unavoidable impacts to Important Intermittent Seasonal RPW Stream A total approximately 395 linear feet and are the result of a Priority 1 Stream Restoration. Intermittent Stream A will be relocated to a new geomorphically stable channel as shown in Plan Sheet SR3-1 (attached). The proposed new stream channel is approximately 370 linear feet in length, resulting in a net loss of 25 linear feet of intermittent stream channel. The proposed new stream channel will result in significant improvements in the quality of Intermittent Stream A. The existing channel is a deeply incised Rosgen type ‘G’ channel that is experiencing moderate to severe erosion. The proposed new channel will exhibit improved floodplain access and improved sinuosity. In-stream structures and constructed riffles will increase stream habitat diversity and improve channel stability, resulting in a high level of functional lift throughout the reach. A plan view, longitudinal profile, and typical cross-sections of the proposed new channel are shown on Plan Sheet SR3-1 (attached). Unavoidable impacts to Perennial RPW Stream B total approximately 2,060 linear feet and are the result of stream restoration. A new geomorphically stable channel is proposed for Perennial Stream B. The proposed new stream channel is approximately 2,235 linear feet in length, resulting in a net gain of 175 linear feet of perennial stream channel (Plan Sheets SR2-5 and SR2-6, attached). The proposed new stream channel will result in significant improvements in the stability and ecological function of Perennial Stream B. The proposed new channel exhibits improved channel dimension, pattern, and profile. Habitat enhancement will be based on profile and dimension changes to improve pool depth, riffle/pool ratio and reduce riffle embeddedness. Root wads and wood J-hooks are meant to introduce large woody debris (LWD) permanently in this stream. In-stream structures and constructed riffles will increase stream habitat diversity and improve channel stability, resulting in a high level of functional lift throughout the reach. Plan views, longitudinal profiles, and typical cross-sections of the proposed new channel are shown on Plan Sheets SR2-1 to SR2-7 (attached). Unavoidable impacts to Perennial RPW Stream C (McAlpine Creek) total approximately 5,148 linear feet and are the result of stream restoration. A new geomorphically stable channel is proposed for Perennial Stream A. The proposed new stream channel is approximately 5,322 linear feet in length, resulting in a net gain of 174 linear feet of perennial stream channel (Plan Sheets MS-1 to MS-10, attached). The proposed new stream channel will result in significant improvements in the stability and ecological function of Perennial Stream C (McAlpine Creek). The proposed new channel will exhibit improved channel dimension and profile. Habitat enhancement on McAlpine Creek will be through the use of sills installed to increase scour holes and pool areas (as is the case under current conditions where tree stumps exists at the toe of slope). These sills will also promote inner berm bar growth and riffle creation. Live stakes and other vegetative installations at the toe of slope will also trap floatable vegetative material, particularly leaves which will provide better benthic feeding sources. Plan views, longitudinal profiles, and typical cross-sections of the proposed new channel are shown on Plan Sheets MS-1 to MS-17 (attached). The conversion of Pond FF to a multi-cell wetland will result in no net loss of jurisdictional area. Approximately 1.56 acres of low quality open water will be temporarily impacted. There is an unavoidable impact of 0.007 acre to Wetland CC. This impact is the result of the installation of a new rip-rap lined plunge pool at the pond outlet. Proposed impacts to Pond FF and Wetland CC are shown on plan sheets SW4-1 to SW4-3 (attached) Table 2. Proposed Impacts to Jurisdictional Waters Jurisdiction Jurisdictional Feature USACE/EPA Rapanos Classification Intermittent/ Perennial Impact Type NWP No. Impact Length/ Area (lf/acres) Proposed New Channel Length (lf) Proposed Channel Station Numbers McAlpine Creek Environmental Restoration April 30, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 7 Stream A (SR3) Seasonal RPW Important Intermittent Priority 1 Restoration 27 395 lf 370 lf 00+00 to  03+70 300 lf 00+00 to  03+00 Priority 2 Restoration 27 290 lf  175 lf 00+00 to  01+75  Priority 2 Restoration 27 445 lf 460 lf 03+00 to  07+60  Stream B (SR2) Perennial RPW Perennial Priority 1 Restoration 27 1,325 lf 1,475 lf 07+60 to  22+35  Stream C (McAlpine Creek – Main Stem) Perennial RPW Perennial Priority 3 Restoration 27 5,148 lf 5,322 lf 00+00 to  53+22 Wetland CC N/A N/A Rip-Rap 3 0.007 acre N/A N/A  Pond FF N/A N/A Enhancement 3 1.56 acre N/A N/A  On behalf of CSWS, CWS is submitting a Pre-Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 27 and pursuant to Nationwide Permit (NWP) Nos. 3, 27 and 33, (enclosed). Compensatory Mitigation Construction of this project will result in a net increase in aquatic resource functions and values, and a net gain of 499 linear feet of jurisdictional stream channel. CSWS is seeking mitigation credit for this project to be included in the Charlotte Umbrella Mitigation Bank. Proposed mitigation credit yields for this project are set out in detail in the Site Specific Mitigation Plan (attached). McAlpine Creek Environmental Restoration April 30, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 8 Please do not hesitate to contact Gregg Antemann at 704-527-1177 or gregg@cws-inc.net should you have any questions or comments regarding these findings. Sincerely, Thomas J. Blackwell Mr. Jarrod Karl Project Scientist Mitigation Specialist Enclosures: USGS 7.5’ Charlotte East and Weddington, NC Topographic Quadrangle NRCS Mecklenburg County Soil Survey Figure 1. Approximate Jurisdictional Boundary Field Map Request for Jurisdictional Determination Form Pre-Construction Notification Pursuant to Nationwide Permit Nos. 3, 27, and 33 NCDWQ Stream Classification Form (SCP1 – SCP6) USACE Stream Quality Assessment Worksheet (SCP1 – SCP4) Approved Jurisdictional Determination Form (SCP1) USACE Routine Wetland Determination Data Form (DP1 – DP7) Representative Photographs (A – H) Agency Correspondence McAlpine Environmental Restoration Project – 75% Design Plans McAlpine Creek ~ Sardis Road to Providence Road – Site Specific Mitigation Plan cc: Ms. Cyndi Karoly, N.C. Division of Water Quality Mr. Mark Cantrell, U.S. Fish & Wildlife Service Important IntermittentSeason RPW Stream A395 lf / SCP1Wetland CC1.32 ac / DP5DP6Non-JDSCP 5Wetland DD0.55 acre on-site / DP4Wetland BB0.11 acPerennial RPWStream D646 lf / SCP4Wetland AA0.34 ac / DP3DP 2Non-JDSCP6DP 1 Perennial RPWStream B2,195 lf / SCP2Perennial RPW Stream C(McAlpine Creek)5,268 lf / SCP3Å?Å?Å?Å?Å?Å?ABCDGWetland EE0.06 ac / DP7Å?EÅ?FHPond FF1.56 acWILBYP RO V I D E N C ESARDIS OLD BELLOXWYNNCHADMOREHOLLYC H A L Y C E J U L E SMOUNTAINVIEWCLIFFSIDEBRITTANY OLD PROVIDENCEP R O V ID E N C E S Q U A R E V A L L E Y B R O O K SUMMERTREEINTERNATIONALR ITT E R KNOLLBROOKV IA R O M A N O HARRISONWOODSRIVER OAKSG A R A M O N D L A N D M A R K DOVERSHIREBEACON HILLM I D D L E B R I D G E KENTDALEWILBY HOLLOWFITZWILLIAMSC O R N W A L L IS KIMRODPINE CREEKBLUE RIDGEH A R R I S O N TUSKANBLUEBERRYSUMMERMOREG R A N D C A N A L SIDRASC H R I S T E N S E N SSNOWDEN CHADMORE SOUTHS U M M IT W A L K CONDOVERL A N D M A R K ±4000400200 FeetFigure 1. Approximate Jurisdictional Boundary Field MapMcAlpine Creek Environmental RestorationCharlotte, North CarolinaCWS Project No. 2008-2223PREPARED BYDATEDATE CHECKED BYREFERENCE: GIS LAYERS PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENTCarolina Wetland Services, Inc550 East Westinghouse Blvd.Charlotte, North Carolina 28273NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DETERMINED AND CLASSIFIED BY CAROLINA WETLAND SERVICES, INC. ON 5-21-08, 8-12-08, 8-14-08, AND 4-29-09.JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. LegendÅ?Photo Location & DirectionJurisdictional WetlandsJurisdictional Stream ChannelPondProject AreaBuildingsRoadsTopographyStream Classification PointData PointSCP1DP1A REQUEST FOR JURISDICTIONAL DETERMINATION DATE: April 30, 2009 COUNTY Mecklenburg County, North Carolina TOTAL ACREAGE OF TRACT 55 acres PROJECT NAME (if applicable) McAlpine Creek Environmental Restoration Project PROPERTY OWNER/APPLICANT (name, address and phone): Charlotte Storm Water Services POC: Mr. Jarrod Karl, at (704) 336-7600 600 East Fourth Street Charlotte, North Carolina 28202 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( X ) Project in planning stages (Type of project: restoration, enhancement, and maintenance ) ( ) No specific development planned at present ( ) Project already completed (Type of project: ) ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following first two items must be forwarded. (X ) USGS 7.5’ Charlotte East and Weddington, NC Topographic Quadrangle (X ) NRCS Mecklenburg County Soil Survey (X ) Figure 1. Approximate Jurisdictional Boundary Field Map (X ) Request for Jurisdictional Determination Form (X ) Pre-Construction Notification Pursuant to Nationwide Permit Nos. 3, 27, and 33 (X ) NCDWQ Stream Classification Form (SCP1 – SCP6) (X ) USACE Stream Quality Assessment Worksheet (SCP1 – SCP4) (X ) Approved Jurisdictional Determination Form (SCP1) (X ) USACE Routine Wetland Determination Data Form (DP1 – DP7) (X ) Representative Photographs (A – H) (X ) Agency Correspondence (X ) McAlpine Environmental Restoration Project – 75% Design Plans (X ) Site Specific Mitigation Plan Signature of Property Owner or Authorized Agent Mr. Jarrod Karl Page 1 of 13 PCN Form – Version 1.0 November 2008 Version Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3, 27, and 33 or General Permit (GP) number: Water Quality Certification Nos. 3687, 3689, 3688 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. 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 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: McAlpine Creek Environmental Restoration 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 on Recorded Deed: N/A 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: Charlotte, NC, 28270 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.0 November 2008 Section A. Applicant Information, continued Page 2 of 13 PCN Form – November 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: City of Charlotte 4b. Name: Mr. Jarrod Karl 4c. Business name (if applicable): Charlotte Storm Water Services 4d. Street address: 600 East Fourth Street 4e. City, state, zip: Charlotte, North Carolina, 28202 4f. Telephone no.: 704-336-7600 4g. Fax no.: 704-336-6586 4h. Email address: jkarl@ci.charlotte.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Gregg C. Antemann, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 East Westinghouse Boulevard 5d. City, state, zip: Charlotte, North Carolina, 28273 5e. Telephone no.: (704) 527-1177 5f. Fax no.: (704) 527-1133 5g. Email address: gregg@cws-inc.net Page 3 of 13 PCN Form – Version 1.0 November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A (multiple) 1b. Site coordinates (in decimal degrees): 35.13230‘N - 80.77371‘W 1c. Property size: 55 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: McAlpine Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba 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 current land use for the project area is wooded with adjacent residential areas with mowed lawns. 3b. List the total estimated acreage of all existing wetlands on the property: 2.38 acres (wetland) and 1.56 acres (Pond) = 3.94 acres total 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,504 3d. Explain the purpose of the proposed project: The purpose of this project is to conduct stream restoration and enhancement on McAlpine Creek and two unnamed tributaries to McAlpine Creek (Stream A and Stream B) which are also in degraded condition. The primary goals of this stream restoration are (1) to improve water quality by reducing total suspended solids (TSS) and nutrient loading and (2) lessen structural flooding downstream by creating more geomorphologically stable channels throughout the project area while improving and restoring their hydrologic connection to their floodplains. In addition, the project will restore aquatic and terrestrial habitat and enhance recreational and educational opportunities as well as provide flood water storage and create mitigation credit. Wetland construction will also be conducted on the floodplain of McAlpine Creek with the purpose of improving water quality. Temporary impacts to on-site jurisdictional waters are necessary to alleviate channel erosion and enhance aquatic habitat. Pond FF will be retrofitted as a multi-cell storm water treatment wetland. In addition to providing improved storm water treatment this will result in improved habitat diversity and quality. Additionally, a greenway trail is proposed for construction adjacent to McAlpine Creek. This greenway trail will extend the existing greenway trail located to the east of Sardis Road. The proposed trail will link Providence Road to the existing Mecklenburg County greenway trail network. There are no impacts to jurisdictional waters associated with the construction of the greenway trail. 3e. Describe the overall project in detail, including the type of equipment to be used: McAlpine Creek and the two unnamed tributaries to McAlpine Creek (Stream A and Stream B) will relocated to new geomorphically stable channels. The channels will have improved channel dimensions and profiles and will exibit improved floodplain access and sinuosity. The new channels will have in-stream structures and constructed riffles to increase stream habitat diversity and improve channel stability. Vernal pools will be created within the McAlpine Creek flood plain. Pond FF will be retrofitted as a multi-cell storm water treatment wetland. A trackhoe and other standard construction equipment will be used for this project. B. Project Information and Prior Project History Page 4 of 13 PCN Form – November 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes No Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): N/A Agency/Consultant Company: N/A Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. N/A 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. Page 5 of 13 PCN Form – Version 1.0 November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, DWQ – non-404, other) 2f. Area of impact (acres) W1 P T Rip-Rap Forested Yes No Corps DWQ 0.007 W2 P T Yes No Corps DWQ W3 P T Yes No Corps DWQ W4 P T Yes No Corps DWQ W5 P T Yes No Corps DWQ W6 P T Yes No Corps DWQ 2g. Total wetland impacts 0.007 2h. Comments: Impacts are to Wetland CC 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. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Average stream width (feet) 3f. Impact length (linear feet) S1 P T Priority 1 Restorat- ion Important Intermittent Seasonal RPW Stream A PER INT 9 395 S2 P T Priority 2 Restorat- ion Perennial RPW Stream B PER INT 4.5 735 S3 P T Priority 1 Restorat- ion Perennial RPW Stream B PER INT 4.5 1,325 S4 P T Priority 3 Restorat- ion Perennial RPW Steam C (McAlpine Creek) PER INT 22.5 5,148 S5 P T PER INT S6 P T PER INT 3g. Total stream and tributary impacts 7,603 3h. Comments: C. Proposed Impacts Inventory, continued Page 6 of 13 PCN Form – November 2008 Version 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) O1 P T Pond FF Maintenance Pond 1.56 O2 P T O3 P T O4 P T 4f. Total open water impacts 1.56 4g. Comments: C. Proposed Impacts Inventory, continued Page 7 of 13 PCN Form – November 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Yes No B2 P T Yes No B3 P T Yes No 6h. Total buffer impacts 6i. Comments: Page 8 of 13 PCN Form – Version 1.0 November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Restoration work will result in an improvement in stream stability and ecological function. The proposed greenway trail has been designed to completely avoid impacting existing wetlands. There is one unavoidable stream crossing associated with the construction of the greenway trail. This crossing will be accomplished with a bridge and will not result in any impacts to jurisdictional waters. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All construction activities will be conducted in the dry. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: warm, cool, cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h.. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. D. Impact Justification and Mitigation, continued Page 9 of 13 PCN Form – November 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6d. Comments: Page 10 of 13 PCN Form – Version 1.0 November 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? Yes No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? Yes No 2b. Is the project subject to General Certification 3704 or 3705? Yes No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater management programs (check all that apply)? If so, attach one copy of the approval letter from the DWQ and one copy of the approved stormwater management plan. Coastal counties HQW ORW Session Law 2006-246 Other: 3b. In which local government’s jurisdiction is this project? City of Charlotte 3c. Is this local government certified to implement a state stormwater program? If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). Yes No 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? <24% - No change in impervious percent 4b. Does this project contain any areas that meet the criteria for “high density” per General Certifications 3704 and 3705? Yes No 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. 4d. Has a completed BMP Supplement Form with all required items been submitted for each stormwater BMP? Yes No Page 11 of 13 PCN Form – Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. 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 letter.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 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 additional development, which could impact nearby downstream water quality? Yes No 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. This project will not cause any additional development which will impact downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A F. Supplementary Information, continued Page 12 of 13 PCN Form – November 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 habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on June 9, 2008 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. In a response letter, dated June 18, 2008 (enclosed), the NCNHP stated that they have “no record of rare species, significant natural communities, significant natural heritage areas, or conservation/managed areas at the site nor within 1 mile of the project area.” 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? NOAA Fisheries: http://sharpfin.nmfs.noaa.gov/website/EFH_Mapper/map.aspx 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on June 9, 2008 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter, dated July 21, 2008 (enclosed), the SHPO stated that they “are aware of no historic resources that would be affected by the project.” 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: This project has been hydrologically modelled and designed to result in no net rise in flood level. The project engineer is coordinating with the local floodplain administrator. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map No. 37119C0228E and 37119C0248E Mr. Jarrod Karl Mitigation Specialist Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant 4/30/09 Date F. Supplementary Information, continued Page 13 of 13 PCN Form – November 2008 Version is provided.)