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HomeMy WebLinkAbout20061240 Ver 1_COMPLETE FILE_20060802O?O? W AT ?9QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 5, 2006 DWQ# 06-1240 Mecklenburg County Mr. Isaac Hinson City of Charlotte, Stormwater Services 600 East Fourth St. Charlotte, NC 28202 Subject: 4940 Kistler Avenue, Charlotte APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Hinson: You have our approval, in accordance with the attached conditions and those listed below, to impact 59 linear feet (If) of unnamed tributary to Edwards Branch in order to complete the stream improvement project in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on August 2, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3495, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. 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. 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 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. In addition to the requirements of the certification, you must also comply with the following conditions: 1. Use of native vegetation and other soft stream bank stabilization techniques must be used 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 the DWQ. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. Noe tCarolina lValumlly North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: ncwaterqulaity.org FAX (704) 663-6040 1-877-623-6748 An Equal Opportun4lAftirmative Action Employer-50% Recycled/10% Post Consumer Paper 4. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. 5. Continuing Compliance. The applicant (City of Charlotte) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Ian McMillan, Wetlands Ur Central Files File Copy S. Paul Petitgout - ESI heville lit e^f f ;UV s` Ua U. SEP 1 2 2006 DENIR - WATER QUALITY try'E UNDS AND STO-MAVATCR ERANCH 401 approvals attached Subject: 401approvals attached From: Barry Love <Barry.Love@ncmail.net> Date: Thu, 07 Sep 2006 13:55:13 -0400 To: Ian McMillan <Ian.McMillan@ncmail.net> Barry Love - Barry.Love@ncmail.net North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 6 119 C C8 O o sto Ri t o Content-Type: application/msword Content-Encoding: base64 06-1240COC4940KistlerMeck.doc Content-Type: application/msword 1 Content-Encoding: base64 Content-Type: application/msword 06-0451 Vernon DrVer.2Meck.doc Content-Encoding: base64 06-1261Weinstein236SHarborWatchIre.doci Content-Type: application/msword Content-Encoding: base64 06-1262Bailey7095WatersEdgeCat.doc Content-Type: application/msword Content-Encoding: base64 ---------- --------- - ------- Content-Type: application/msword 06-1260Haber1154SleepyCoveBayCrossIre.doc Content-Encoding: base64 Content-Type: application/msword 06-1281Merkel7934ChapelCrDrSailviewLin.doel Content-Encoding: base64 I', 1 of 2 9/8/2006 8:12 AM North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive llirector MEMORANDUM TO: Cyndi. B. Karoly, Supervisor D L5 @ [9 ow T D 401 Oversight and Express Permits Unit NCDWQ Wetlands and Storm\Yater Brrainc A11 u 1 200 FROM: Ron Linville, Regional Coordinator 1 DENR - WATER . i jALITY Habitat Conservation Program WE'T?.ANDS AND 6TOWMTER BRANCH DATE: August 9, 2006 SUBJECT: Houston Ridge Road, DWQ No. 20061198, Unnamed Tributary McAlpine Creek and Kistler Avenue, DWQ No. 20061240, Unnamed Tributary Edwards Branch, Mecklenburg County The City of Charlotte is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). These projects are indicated as needed to stabilize creek erosion and to protect property. Hard structures are proposed for both sites. Gabions and riprap are proposed for the Kistler Road site while the Houston Ridge site will reconfigure the channel culvert and use softer techniques. Based on our in-office review, we will not object to the project. However, if public funds are being used to stabilize private property, we recommend that permanent and enforceable conservation easements be provided for the stream corridor and any restored buffers. Autochthonous plants should be incorporated into the project whenever practicable. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. E-copy: Amanda Jones, USACOE Alan Johnson, DWQ-MRO Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NU 27699-1/21 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Triage Check Dist Date: 8/03/06 Project Name: TOCharlotte - 4940 Kistler Avenue DWQ#: 06-1240 County: Mecklenburg Alan Johnson, Mooresville Regional Office To: 60-day Processing Time: 8/02/06 - 9/30/06 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! REVISED PRE-CONSTRUCTION NOTIFICATION PURSUANT TO NATIONWIDE PERMIT NO. 13 4940 KISTLER AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA ESI Project No. ET06023.00 July 31, 2006 1 2 4 0 For CHARLOTTE STORM WATER SERVICES 600 East Fourth Street Charlotte, NC 28202 704- 432-0966 r BY ENVIRONMENTAL SERVICES, INC. 9401-C Southern Pine Boulevard Charlotte, NC 28273 704-523-7225 704-523-7226 fax xvw,,v.environmental service sinc.com AUG 0 2 2006 j? Ty EN, l r?.'?STC??,t',Q TER R J?CH Table of Contents Executive Summary ...........-•-------------------------------------•--................------------ ------------............-•--••••---••.........I Existing Conditions ..................................... -....... -.................................... ............ ----------------------- --.-....... 2 Current Land Use ................................................................................. .............................................. Jurisdictional Determination ............................................................... .............................................. 2 Agency Correspondence .......................................................................... ............................................... Cultural Resources ............3 Protected Species -•................................................•-•---------------------------- ------.................•-••-•••--•••---......3 Purpose and Need for the Project ............................................................ .............................................. Avoidance and Minimization 4 Proposed Impacts to Jurisdictional Waters ............................................. .............................................4 Compensatory Mitigation ........................................................................ .............................................. 4 References. 5 List of Attachments Attachment A - Figure 1. USGS Site Location Map Attachment A - Figure 2a. Soil Survey of Mecklenburg County (SSURGO database) Attachment A - Figure 2b. Soil Survey of Mecklenburg County (SSURGO database) aerial photo base Attachment A - Figure 3. Jurisdictional Boundary Field Map Attachment B - Pre-Construction Notification Application - Nationwide Permit No. 13 Attachment C - Routine On-Site Data Form Attachment D - Request for Jurisdictional Determination Form Attachment E - Stream Classification Forms Attachment F - Representative Photographs Attachment G - Original Impacts Attachment H - Revised Impacts ii 1 Executive Summary ' The 4940 Kistler Avenue project is located in southeast Charlotte near East Independence Boulevard, approximately three tenths of a mile southwest of its intersection with Albemarle Road in Mecklenburg County, North Carolina (Attachment A - Figures 1, 2a and 2b). The purpose of this project is to alleviate channel and property erosion, protect an on-site storage shed, and remove existing concrete and debris from an unnamed tributary (UT) to Edwards Branch. Approximately 65 linear feet (If) of existing concrete will be removed from the on-site stream channel. The right bank of the channel will then be stabilized with approximately 24 if of gabion wall and 35 if of rip-rap. In addition, the bank directly across from the proposed gabion wall will be re-shaped and lined with erosion control matting to allow for a full channel width. ESI has ' been contracted by CSWS to provide permitting services for this project. The results of the on-site field investigation conducted by Environmental Services, Inc. (ESI) ' indicate that there is one jurisdictional stream channel within the project limits, a UT to Edwards Branch, located between Kistler Avenue and Erickson Road (Attachment A - Figure 3). On behalf of CSWS, ESI is submitting a Pre-Construction Notification application in accordance with ' Nationwide Permit (NWP) Number 13 (Attachment B). Existing Conditions ' The 4940 Kistler Avenue project is located in southeast Charlotte near East Independence Boulevard, approximately three tenths of a mile southwest of its intersection with Albemarle Road in Mecklenburg County, North Carolina (Attachment A - Figures 1, 2a and 2b). One jurisdictional ' stream channel is present within the project limits, a UT to Edwards Branch, located between Kistler Avenue and Erickson Road (Attachment A - Figure 3). The UT to Edwards Branch enters the project study area from the east (behind 5000 Kistler Avenue) and flows west behind 4940 ' Kistler Avenue. The stream channel and right bank have been stabilized with concrete for approximately 65 if behind 5000 Kistler Avenue, which also acts as a structural system to support the driveway. However, the UT to Edwards Branch has begun to erode into the bank behind 4940 ' Kistler Avenue, undercutting an existing storage shed and causing a loss of property. The purpose of this project is to alleviate channel and property erosion, protect an on-site storage shed, and remove existing concrete and debris from a UT to Edwards Branch. Approximately 65 if of ' existing concrete will be removed from the on-site stream channel. The right bank of the channel will then be stabilized with approximately 241f of gabion wall and 35 if of rip-rap. In addition, the bank directly across from the proposed gabion wall will be re-shaped and lined with erosion ' control matting to allow for a full channel width. ESI has been contracted by CSWS to provide permitting services for this project. ' Current Land Use The project study area and surrounding vicinity consists primarily of residential land use. ' Dominant vegetation includes, American beech (Fagus grandifolia), pignut hickory (Carya glabra), white oak (Quercus alba), red maple (Ater rubrum), Chinese privet (Ligustrum sinense), ' English ivy (Hedera helix), and Christmas fern (Polystichum arostichoides). According to the Soil Survey Geographic (SSURGO) Database for Mecklenburg County, on-site ' soils consist of Pacolet sandy loam (PaE) (Attachment A - Figures 2a and 2b). This soil type is well drained and exhibits moderate permeability and low water capacity. ' Jurisdictional Determination On September 15, 2005, ESI's Kyle Springs reviewed the on-site jurisdictional waters of the U.S., ' as defined by the U.S. Army Corps of Engineers (USACE), utilizing the Routine On-Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987). Based on this approach, there are no jurisdictional wetland areas within the project study area. A Routine On-Site Data Form representative of on-site non jurisdictional upland areas has been included as Attachment C. Jurisdictional waters of the U.S. were classified according to recent North Carolina Division of ' Water Quality (NCDWQ) and USACE guidance. A NCDWQ Stream Classification Form and USACE Stream Quality Assessment Worksheet representative of the UT to Edwards Branch have been included as Attachment E. The results of the on-site field investigation indicate that there is one jurisdictional stream channel within the project limits, UT to Edwards Branch, located between Kistler Avenue and Erickson ' Road (Attachment A - Figure 3). Edwards Branch is part of the Catawba River basin (HUC 03050103) (NCDWQ 03-08-34), which is classified as "Class C" waters by the NCDWQ 2 (NCDWQ 2004a), and is not included on the North Carolina 303(d) Impaired Waters List (NCDWQ 2004b). ESI is requesting written verification of the jurisdictional determination of UT to Edwards Branch (Attachment D). The jurisdictional stream (UT to Edwards Branch) enters the project study area from the east (behind 5000 Kistler Avenue) and flows west exiting the project area behind 4940 Kistler Avenue. At a point between 5000 and 4940 Kistler Avenue, UT to Edwards Branch scored a 31.5 out of a possible 71 points on the NCDWQ stream classification form (Attachment E), a score of 19 is needed for the stream to be considered at least intermittent in nature and score of 30 or greater indicates that the stream may be perennial. UT to Edwards Branch scored a 48 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet further indicating that the feature present is a jurisdictional stream (Attachment E). Representative photographs depicting the drainage feature and on-site conditions are included as Attachment F. Agency Correspondence Cultural Resources ESI personnel visited the State Historic Preservation Office (SHPO) on September 22, 2005, to review the archaeological site files in order to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. No recorded archaeological sites or National Register listed properties are located within 0.5-mile of the project study area. Protected Species ESI personnel visited the North Carolina Natural Heritage Program (NCNHP) offices on September 15, 2005 to determine the presence of any federally-listed species or designated critical habitat located within the project vicinity. Based on the review of NCNHP records, no federally listed species are located within 3 miles of the project study area. No designated critical habitat is located within 3 miles of the project study area. ' Purpose and Need for the Project ' The purpose of this project is to alleviate channel and property erosion, protect an on-site storage shed, and remove existing concrete and debris from a UT to Edwards Branch. The stream channel and right bank have been stabilized with concrete for approximately 65 if behind 5000 Kistler ' Avenue, which also acts as a structural system to support the driveway. However, the UT to Edwards Branch has begun to erode into the bank behind 4940 Kistler Avenue, undercutting an ' existing storage shed and causing a loss of property. The best alternative for stabilizing the UT to Edwards Branch will be to replace the existing concrete behind the two properties with a length of gabion wall and rip-rap. The bank directly across from the proposed gabion wall will also need to ' be re-shaped and lined with erosion control matting to allow for a full channel width. This is necessary to keep the proposed gabion wall from constricting the cross-sectional area of the channel, which will be maintained consistent with existing conditions. U t t Avoidance and Minimization Impacts to on-site jurisdictional waters have been minimized to the maximum extent practicable and have been significantly reduced from original plans, which proposed to re-align 125 if of stream channel and completely line the newly relocated channel with rip-rap (Attachment G). Removing existing concrete, fence, and other debris from the stream channel and stabilizing the bank with only the necessary length of gabion wall and rip-rap will act to reduce erosion and downstream sedimentation, thus protecting the properties at 5000 and 4940 Kistler Avenue and increasing the water quality of the stream. In addition, all proper sediment and erosion control measures will be implemented to avoid adverse impacts downstream during the construction process. Proposed Impacts to Jurisdictional Waters Proposed impacts include: ±24 if of bank stabilization in the form of a gabion wall; and ±35 if of bank stabilization in the form of rip-rap (Attachment H). In addition, the bank directly across from the proposed gabion wall will also be re-shaped and lined with erosion control matting to allow for a full channel width. On behalf of CSWS, ESI is submitting a Pre-Construction Notification application with attachments in accordance with NWP 13 (Attachment B). Table 1. Summary of Proposed Impacts Activity Impacts Jurisdictional Area under NWP No. 13 UT to Edwards Branch Installation of gabion wall with re-shaping 241f (48 bf) and soft stabilization of opposite bank UT to Edwards Branch Installation of rip-rap 35 if (35 bf) Total 59 if Compensatory Mitigation The proposed design of this project is intended to stabilize the existing stream, thereby reducing erosion behind 5000 and 4940 Kistler Avenue and improving water quality downstream. Given these improvements, in addition to the limited nature of the proposed impacts, no mitigation is currently being proposed for this project. 4 II I REFERENCES ' Environmental Laboratory. 1987. US Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. ' NC Division of Water Quality (NCDWQ). 2005. Basinwide Information Management System (BIMS): Stream Classification. http://h2o.enr.state.nc.us/bims/. Downloaded July 2006. NC Division of Water Quality (NCDWQ). 2006. Draft 303(d) List. http:/ih2o.enr.state.nc.us/tmdl/documents/2006303dListPubiicReviewDraft.pdf. Downloaded July 1 2006. US Department of Agriculture. 1980. Soil Survey of Mecklenburg County, North Carolina. 11 u n ATTACHMENT A Figures 1 - 3 ' ET04006-2211 urel Mll +???.'• j it / ^r? o?;? Ita -. }f1? As N ' f Y "?xh ,j, v /i ?. y?i) l :?,•Yr O" - r r , ?p V? r.'. kJ 4: a??? Eawtway ? 1. /J!' 'it y? A ?.y ti p} / ,?t tJr? '{'1 • t? 1???,r aGr", '- 1?;Yp- J b ?l •.,1 ?f ..-r \". 73 it j r.. ??; {7 r :?l a+ r _;.?,r \ -.\ tt t.. ?r .\? 4y:• N.. N'q T.^\ K It o ,!1( 2' 1 ?. i ly ^•cJl ?' , -.j /.t---`_--.,,> YI-..: ?•d -rr_• r7 •^ !n r/ r ?K- I ? `4 It ??1 ?l '`y' j?'. Ij '?'?e r ? e 3 t5• J 1 N n -•n' ` r?• t aV`' 1<K r1 u ,fir 4 ?? ?!' r 1• ' _* CA Rdx.1("N - .. ? - 0,1/ ?I? I .I' • vF'r .? ` . r. ?i ?f' "• ?' 1•, ?? ? Y 'tc1'? f• ._ LS > f r r .T /,.-. , t ??'444?69 J .... .i ( • f'??.f "S+ _ ?. ? \ 1 rf? --y-??i}:actr?a ,?;Y+. '??r ?':? '.?)• f,? t\ /'^ r/ar ??, -?.,. ' ..r t I. ; .?{,. ? _ !?/• 7.? 4. J r M ? ?-Jt `J f •r ` .t• ? t }!_l1? ? ?.•Jr???. Central Avenue '•/ „ - ?r ? ? rgY•R??? ?Nr ? ?> v w , a'zB?? I ?veigreen?criletety r r• // r^ ? ? 1 •'?,?' ?` ' Cf.S _\L ? v 'r H y ?." // v, ? 1 t ? ! ?, , • { tt a'. }? ?• / (? r?' ,?? L°oli5 r 'Y - 7 Y f, ?'C r 1 i \`sr` i. F • ?`2Qry? , _.% r ??` I ??F? ??• Y L .'} ; N .1/';? ?.. .,d/•'?`-f?-:.i??? ?,i V) A --•,??r .r- ?n "?.. - - r ? 7 /?,f__? ? .... . qt('\ '•l' ? ??? ?' ?`?it1 ? r "?® ?S.IPrjU .,. r t •'il ? ? ?.._ ? - ! r-is rn,Fr ? •l.. ?"•>Lf ? y t? r Y,? ?y .,? ? ?.. 1 {"'-) j? Project Locat y ion _ (4940 Kistler Avenue) - * { r t { ") 7 ?? ?' 1 =A.L,t. titi1 ( ?'?i la] i f , , ? II AY ,?J T 1 ?,V .'?,? C ? ? • ? i ? ?ty . CGUr ,C. t 1r/ } *?, ?y? - ?r < 1. r ?? \'+ ?r- } \ f k•a•/'.? ?? \iw \ t X rr `Y "aJ s s .l " .??'1 ?(??, M e :" r ? k Am,r3 I3r1? J 1 ' a4. A z {; rt??.4 , r I a ?r !F 1? ?.. ?"/ \ F ?1 rP? Slit/), I!1 i•?,c )' ' '? f Aa rs<:?•<<l ?z?! ?. sue. ?` 'd 1 A?Lr y s •r 1' ?? J i a: a ?? 1 t C._ Ott \ 0.? i.l? ?£ / ? V ? t?" ?? .71 7 1 J ?] j3.y •?. n r/766. •a r ?+'. ys? > ? ? \?'V r .`?+? J1J.,7 "r-??<f Q?vr t?•A?.G rid y t -`i !/??Nnk? ?. ?<a ?. .",-i •'?,rrr ;1`` / \? ?y, fl .. ''.1. ? ?`, "' aI t. ;. ?` j ?'f'. r •rt <ivt,0 , 7 r S, ?%.-; / ?ri0? ? (1 ?` Z,,,f f -? ?'% _ 'a -• 7 ? ''• `?" • •' T t f s. s % l?Lji.J r 1 1?;? ` ;_? ,or _ / / / / r ?] t p_' '\ ;.,r ''r f'` '`?' '? t •I v ,+..??, #y (? I ? ?" ?o ?'?>?• } ? ;?i ,2 ? // ':»I Sri i ' ? ?:' , ? v v ? - \ u ,' ` r C aid .`+ y n * 9? pl I • t+ Cl v r••''• A# Shp. •'I,ss' p ?,., c- .•? 1`1::1)•?? .,`.>^,?>• aT, ?`! 1? i???,ip,tShp. arhf•` /,? t%- 2?/?,+ A^ 4;. ;r.\.` 1V .(;s 1 ` r r :.? - ?-•: -? ,S:rbstz? 4. ?RMlra {'r??, ?..?; < v,rlnf}r 1 ) L$.. r" x 1 ??: vt?, . J ?a 1 .y ,k / + _ A. ?'ewn.'s-?9 Jt HiXh StA ^ , ?` .may 1 < • + ?... ,?.,.4" •! ' ; ?. rj t / r a• ("(y? \ j , % % East Independence Boulevard ,.Z ) _ t F 7 lR;t ?•, i ta1? "' ? t \. ` J / '! fly ? o •< r ? :?'/ ?RaA+S?"yC _. ? n ? . •? IiiYh SctT ? ?? }=.'• a C°u?vtd \2 rA s ' \ ! wt! . r r ? r \ % ?'?t _ i/r -- f .?; • ? `.. -kR?\ ?`:: t r ?,,. `"'?`?r`ti ? r.r? •? Sy, ? : \?? y : a , .,? r ti?/? r # \ 1000 0 1000 2000 ?: r1l % • ?< / t r r k ,! ':'? r' I / _ „- 1.? V .•, Feet N OP ?. rc RRg" 124.000 Jr - ? +' . i • i 3, * r .y. Source: NCDO7 GIS 1:24,OO, Charlotte East Quadrangle 7f r r r^ •,-> + • ,.I,. r' ?. Projection State Plane NAD83, North Carolina, FIPS 3200 NY; 2 • } `•: Y' tx. `. '?? a7 y:.al Project Location Map Figure: ' Environmental 4940 Kistler Avenue Project: ET04006.22 Services, Inc. Mecklenburg County, North Carolina Date: Jul 2006 mzd \.e Cu + ;MMS,MW aisailsandArens M.B. Meaaerburo me sang roan ... ` •.-. ... . "',` -? I MOD, Meddabap fine sad/ loam .. - . !" -' 1. ?.. ?:,°. 0ea3. Medmroero-uesrindcaaab. .._ , PB3.Paoda-Udwlben.C-Pe. l ® PaE, Pecda "rdV loam . Ur lc?eBHeB i CeB ., .. a .-.. 2 7 PeF, Pada sandy bem R. Fill Udorbana, bem/ 1.1D, Ufbtthenls,seniery landfill l ? Ur, Urban lend \ Vie, Van o send/ laem 500 o 5w tooo He ® D, vaca sandy loam w we, Welas loan vdm. Waas been We Wale bem Source: 1 NRCS RCS Soil Survey f \ NAE, Nekas laem GCS: State Plane ®varD.wadesudrenlenacaaaiea NAD83, North Carolina, FIPS 3200 I 'l "'• Were Figure: 2a NRCS Soil Survey 4940 Kistler Avenue Project: ET04006.22 Environmental Services, Inc. Mecklenburg County, North Carolina Date: Jul 2006 N Note: Jurisdictional waters of the US were investigated by Environmental Services, Inc. (ES I), on 15 September 2005. Jurisdictional areas have not been delineated nor verified by the US Army Corps of Engineers. 0 05??-'- A JD points A SC points B=- cO Buildings Photo streams Documen Parcel Point 8 0 8 18 24 32 40 PECOMENEiiammosiiipmm Fast 1:400 Source: 018 Layers provided by Meddenburg County Land Use and Environmental Services, Inc. (2005) GCS State Plane NAD83, North Carolina, FIPS 3200 4 n? SC 3 1 Approximate Jurisdictional Boundary Field Environmental 4940 Kistler Avenue Services, Inc. Mecklenburg County, North Carolina 2 Figure: 3 Project: ET04006.22 Date: Jul 2006 ATTACHMENT B Pre-Construction Notification Form Nationwide Permit Number 13 Office Use Only: Form Version May 2002 01240 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 13 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? ' 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), chec{k? here: El II. Applicant Information ??1 !? J V ' l! 1. Owner/Applicant Information AUG 0 2 2006 Name: City of Charlotte Storm Water Services, Contact IsaacT.Hinson_ ?:r - vF, cry i?Y Mailing Address: 600 East Fourth Street Charlotte, NC 28202 Telephone Number: (704) 336-4495 Fax Number: (704) 336-6586 E-mail Address: ihinsongci.charlotte.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: C 1 III. Project Information ' Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map ' and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 4940 Kistler Avenue ' 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A ' 3. Property Identification Number (Tax PIN): 16102624 ' 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A 1 Directions to site (include road numbers, landmarks, etc.): From East Independence Boulevard heading northwest from its intersection with Albemarle Road, take a left onto Pierson Drive, then a left onto Kistler Avenue. The project is located approximately 0.2 mile ' down Kistler Avenue on the right, behind 4940 Kistler Avenue. Site coordinates, if available (UTM or Lat/Long): 35° 11' 48"N, 80° 46'29"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the 1 coordinates for each crossing of a distinct waterbody.) 5. Property size (acres): 0.28 acre residential parcel 1 6. Nearest body of water (stream/river/sound/ocean/lake): Edwards Branch ' 7. River Basin: Catawba (HU# 03050103) (NCDWQ: 03-08-34) (SIN#: 11-137-8-2-1) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) ' 8. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project study area consists of an unnamed tributary (UT) ' to Edwards Branch. The UT to Edwards Branch enters the project study area from the east (behind 5000 Kistler Avenue) and flows west behind 4940 Kistler Avenue. The stream channel and right bank have been stabilized with concrete for approximately 65 If behind H 5000 Kistler Avenue which also acts as a structural system to support the driveway. However, the UT to Edwards Branch has begun to erode into the bank behind 4940 Kistler ' Avenue undercutting an existing storage shed and causing a loss of property. The project study area and surrounding vicinity consists primarily of residential and commercial land ' 9. Describe the overall project in detail, including the type of equipment to be used: Approximately 65 if of existing concrete will be removed from the on-site channel. The right bank of the channel will then be stabilized with approximately 24 If of gabion wall and 35 if of rip-rap. In addition, the bank directly across from the proposed gabion wall will be re- shaned and lined with erosion control matting to allow for a full channel width. A trackhoe, in addition to other typical excavation equipment will be used for this project. 10. Explain the purpose of the proposed work: The purpose of this project is to alleviate channel and property erosion, protect an on-site storage shed, and remove existing concrete and debris from a UT to Edwards Branch. The best alternative for stabilizing the UT to Edwards Branch will be to replace the existing concrete behind the two properties with a length of ' gabion wall and rip-rap. The bank directly across from the proposed gabion wall will also need to be re-shaped and lined with erosion control matting to allow for a full channel width. This is necessary to keep the proposed gabion wall from constricting the cross-sectional area t of the channel, which will be maintained consistent with existing conditions. ' IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this ' project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, ' certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with ' construction schedules. N/A ' V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, ' and provide justification for the exclusion of this work from the current application. There are no future plans for this area. 1 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to ' wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site n I I I I I 7 plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include: ±24 if of bank stabilization in the form of a gabion wall; and ±35 If of bank stabilization in the form of rip-rap. In addition, the bank directly across from the proposed gabion wall will also be re-shaped and lined with erosion control matting to allow for a full channel width. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma acres es/no linear feet N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://wNvNv.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci Installation of UT to Edwards gabion wall with ±24 if Branch re-shaping and 4 8 b (48 f) UT to Edwards Branch 8 feet Perennial soft stabilization of opposite bank UT to Edwards Installation of ±35 If UT to Edwards Branch 8 feet Perennial Branch rip-rap (35 bf) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and alter, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Nvww.us£s.eov. Several internct sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: ±59 linear feet 7 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and anv other water of the U.S.) below: Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility,' and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts to on-site jurisdictional waters have been minimized to the maximum extent practicable and have been significantly reduced from original plans, which proposed to re-align 125 if of stream channel and completely line the newly relocated channel with rip-rap (Attachment G). Removing existing concrete, fence, and other debris from the stream channel and stabilizing the bank with only the necessary length of gabion wall and rip-rap will act to reduce erosion and downstream sedimentation, thus protecting the properties at 5000 and 4940 Kistler Avenue and increasing the water quality of the stream. In addition, all proper sediment and erosion control measures will be implemented to avoid adverse impacts downstream during the construction process. VIII. Mitigation 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. ' The proposed design of this project is intended to stabilize the existing stream, thereby reducing erosion behind 5000 and 4940 Kistler Avenue and improving water quality downstream. Given these improvements, in addition to the limited nature of the proposed ' impacts no mitigation is currently being proposed for this project. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration ' Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the ' NCWRP, check the NCWRP website at http://12o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A ' IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? ' If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No I X. C L If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: ' Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A Zone* Impact (square feet) Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. XI. XII. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Sources of nearbv impervious cover include roads. drivewavs. and rooftons. This vroiect will not cause an increase in the impervious coverage of the project area. Sewage Disposal (required by DWQ) 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 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No u 1 XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired 1 construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Construction is scheduled to begin following the receipt of the appropriate permits. h 1 ?_?k i1V= 's ' ApplicantAgent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) C-3?_Scar_ 7Y V %ASo_1? n u k u n u C n I I ATTACHMENT C Routine On-Site Data Form DATA FORM ROUTINE WETLAND DETERMINATION mw cnF. Wvtlnnds Delineatinn Manual) Project/Site: 4940 Kistler Avenue Date: 9-16-05 ApplicandO,.vner: City of Charlotte Stormwater Services County: Mecklenburg Investigator: Environmental Services, Inc. State: NC Do normal circumstances exist on the site? Yes No Community ID: mixed hardwood Is the site significantly disturbed (atypical situation)? ?Yes ? No Transect ID: Is the area a potential problem area (If needed, explain)? Plot ID: upland ? Yes F-,/] No IL_ VFr:FTATrnN DOMINANT STRATUM INDICATOR DOMINANT STRATUM INDICATOR PLANT SPECIES PLANT SPECIES 1. american beech tree FACU 7. christmas fern herb FAC Fagus grandifolia Polvstichum acrostichoides 2. Pignut hickory tree FACU 8. Cana glabra 3. white oak tree FACU 9. Ouercus alba 4. red maple tree FAC 10. Acer rubrum 5. chinese privett shrub FAC 11. Ligustrum sinense 6. english ivy vine NI 12. Hedera helix Percent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 43% Fac Neutral Test: (includes FAC+ and wetter) Remarks The hydrophytic vegetation criterion has not been met. uVr)Rnt nr,V ? RECORDED DATA (DESCRIBE IN REMARKS): WETLAND HYDROLOGY INDICATORS Primary Indicators: ? Stream, Lake, or Tide Gauge ? Inundated ? Aerial Photographs ? Saturated in Upper 12 Inches ? Other ? Water Marks ? Drift Lines NO RECORDED DATA AVAILABLE ? Sediment Deposits ? Drainage Patterns in Wetlands FIELD OBSERVATIONS Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 0" ? Water-Stained Leaves ? Local Soil Survey Data Depth to Free Water in Pit: >18" ? FAC-Neutral Test ? Other (Explain in Remarks) Depth to Saturated Soil: >12" Remarks: The hydrologic criterion has not been met. SOILS MAP UNIT NAME (Series and Phase): Mapped as Pacolet Series DRAINAGE CLASS: well drained TAXONOMY (SUBGROUP): T is Kanha ludults FIELD OBSERVATIONS: Confirm Mapped Type? ? Yes No PROFILE DESCRIPTION Depth (inches) Horizon Matrix Color (Munsell Moist) Mottle Color (Munsell Moist) Mottle Abundance/Contrast Texture, Concretions, Structure, etc. 0-5 10 YR 3/3 loam 5-18+ 2.5YR 4/6 clay HYDRIC SOIL INDICATORS: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Reducing Conditions ? Aquic Moisture Regime ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Listing on National Hydric Soils List ? Listed on State or Local Hydric Soils List ? Gleyed or Low Chroma ? Color ? Other (Explain in Remarks) Remarks: The hydric soil criterion has not been met. WETLAND DETERMINATION Hydrophytic Vegetation Present? ? Yes 2] No Is this Sampling Point Within a Wetland? ? Yes ? No Wetland Hydrology Present? ? Yes 2 No Soil Present? ? Yes ? No s: Data point is non jurisdictional. F J r H H l J J 7 E 1 0 J 1-1 ATTACHMENT D I Request for Jurisdictional Determination Form 7 n u n L r C 0 REQUEST FOR JURISDICTIONAL DETERMINATION DATE: July 31, 2006 COUNTY Mecklenburg Coun!y, NC TOTAL ACREAGE OF TRACT 0.28 ac. PROPERTY OWNER/APPLICANT (name, address and phone): PROJECT NAME (if applicable) 4940 Kistler Avenue Charlotte Storm Water Services POC: Mr. Isaac Hinson at (704) 336-4495 600 East Fourth Street Charlotte, North Carolina 28202 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Environmental Services Inc. POC: Mr. Paul Petitaout at (704) 523-7225 9401-C Southern Pine Boulevard Charlotte, North Carolina 28273 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes (X) Project in planning stages (Type of project: NWP 13 ( ) No specific development planned at present ( ) Project already completed 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 Site Location Map (Attachment A - Figure 1) (X) NRCS Soil Survey (Attachment A - Figures 2a and 2b) (X) Approximate Jurisdictional Boundary Field Map (Attachment A - Figure 3) (X) Pre-Construction Notification Application (Attachment B) (X) Routine On-Site Data Form (Attachment C) (X) Steam Classification Forms (Attachment E) (X) Representative Photographs (Attachment F) (X) Agency Correspondence (Report) (X) Original Impacts (Attachment G) (X) Revised Impacts (Attachment H) Signature of Prop rty Owner or Authorized Agent Mr. Isaac Hinson ATTACHMENT E Stream Classification Forms North Carolina Division of Water Ouality- Stream Identification Form; Version 3.1 Date: 15 1 OProject: q q qo iii S ? (f.r Av Latitude: J , i -7 .e fj Evaluator: Site: t Longitude: ed?, -( -7 4 -7 ?VJ Total Points: Other Stream is at least Intermittent ? s County: ??? 1;1 y?:.? e.g. Quad Name: l` rv.r Y2! 19 or perennial if 2:30 5-1 A. Geomorphology Subtotal = ) A6seri>'. ';'; ;; W ak<;Y t .Mpo Ka g L r ? ;Strong' .:° 1°. Continuous bed and bank 0 1 2 2. Sinuosity 0 1 411? 3 3. In-channel structure: riffle-pool sequence 0 1 3 4. Soil texture or stream substrate sorting 0 1 3 5. Active/rellc flood lain 0 1 3 6. De osltional bars or benches 0 1 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 0 1 3 9 a Natural levees Q 1 2 3 10. Headcuts 0> 1 2 3 11. Grade controls 0 0.5 1 12. Natural valley and drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. , 0 0 Yes = 3 'Man-made ditches are not rated; see discussions in manual 14. Groundwater flow/discharge 0 1 2 3 15. Water In channel and > 48 hrs since rain, or Water In channel - d or growing season 0 1 3 16. Leaflitter 1.5 iciD 0.5 0 17. Sediment on plants 0 1 1.5 18, Organic debris lines or piles (Wrack lines) 0 0.5 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes =1 5 A P51-1--. /-- 20-- Fibrous roots in channel 3 2 1 0 21b. Rooted plants in channel 2 1 0 22. Crayfish (0 0.5 1 1.5 23. Bivalves Q 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 1 . 1.5 27. Filamentous algae; pedph on C0 0.5 1 1.5 28: Iron oxidizing bacteria/fungus, 0.5 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0;- Cher = 0_-' ?. ????? Y???• - Items zu ana 21 togas on me presence or uprano pianos, aem tr aucueo ?u we N,c -.+. q .- Sketch: Sketch: Notes: (use back side of this form for additional notes.) j' USACE AID# _ DWQ # Site # (indicate on attached map) ,°R z. , ? 1 0 STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: l' harlo4e Sk?? ??? V.t c?? < 5'pru ?, 2. Evaluator's name: EST 3. Date of evaluation: cf 105 105- 4. Time of evaluation: (? a ' '') M! 5. Name of stream: VT Awarls 6. River basin: Lai-at,, 161, 7. Approximate drainage area: R (o • 5 o c r e_ s 8. Stream order: 9. Length of reach evaluated: I a 5 -r 10. County: Nt eC L I v<<t>o s / 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): N / A Latitude (ex. 34.872312): ? . ;1? Ca-7 ° 9-,j Longitude (ex.-77.556611): 90 - 7 -1 H -7 0 VJ Method location determined (circle): GPS b o Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): ;,r o m i=cLs ' rnaLv?? P??^? F>&A +na,41-r?o, VJW 4am A1bP!mmrL Q4. 44i e- ie- -ev, Pi rso,' Yy% 4yA t(-;',A-or\ K<sHer A-V, 14. Proposed channel work (if any): Ckarrkd ayla. uSe-ara'' r-o'^L"41 i V,,a d.s. 15. Recent weather conditions: 09 r ?ii y\ w i?4 tin ?ln? i o s? w -P,e - 16. Site conditions at time of visit: 5v,'-r4in'? 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters Water. Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: ? % Residential 35 % Commercial 5 % Industrial _% Agricultural /D % Forested _% Cleared /Logged S- % Other ( Road ) 22. Bankfull width: 23. Bank height (from bed to top of bank): `/ j 24. Channel slope down center of stream: -Flat (0 to 2%) Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight -Occasional bends ?Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): ? s Comments: ' Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream ' quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06103. To Comment, please call 919-876-8441 x 26. STREAi,_ QUALITY ASSESSMENT WG_-KSHEET ECOREGION'P_OIN' I' RANGE Y # CHARACTERISTICS ?,. _ ? bCORI - Coastal 1?icdTuOnt %Dlouittain - 1 Presence of-flow/ 5 0 4 0 -S -- (no flow•onsaturation =_O; stron gflow; :max points) _ Evidence of pasthuman;?altcr.ition 0 6 0= 5 0 5 -- eatcnsivaaltcranon-_. O,?no.alfeiatron ? rnaxpoints) - - ?=s i 3 Riparian zone, m 0 - ' D - 4 . 0 `.?.' . r? ' ax pints no buffer , O, coati opus wtde.liuffcr - " , cL Ividenceof`nutnent_prcheuncaidischarges' ' ' 0-5 0 4 0-47 ?- z mts tir es-0 no_dischar'es=max-. o (extensi?edisch a Groundwater disclargc- "' pmts ; (no,discharQe= 0 s rin s seeps wetlands etc. max _U ,.? 6 Presence of adjacent floodplaiu ` ` 0, 4 0 -"4 0 r? 1am znax points) laan 0, extensive flood (no ilood ?-° Entrenchment-Abodplam access " _ • 2' uent floodm =.;max pints dcc h entrenched` '0 ffe '; ; .` Presence of adjacept tiretiands. 0- 5 0-4 0 2: - d (noSVCtlands 01' eailacents etlands-max points - -; Channel smposit? ? o' s D- 4 0 3 oints ?. (extenstvcchannelizah , 0;;hatural'incandcr_.. max 1D Sedtmept input exfenslve de osifiotr 0? lrt#le.or no{sedunent;= max -pmts) `% 0 -5 0- 4 0 4 1 11 ` Size&sdtyers#y ofxhanncl iicdsubstrate - 0 `4 0 5 3 ouits) fine, homo enous ..0 .lar e diverse sizes _ maz Evidence of channel=mc?s?on oX widening 0'-'4 0 5 y; ... t deep 1 incised `0 stable-bed &?ianks ?smas Points) d- 13 ` Presence ofmajor banlt failures 0 5 0 'S 0 5; severe erosion .Dt no csosio stable banks = max pmts) .; 4 :Root depth aid,aensify on banks 0 = 3 0 - 4 0 5 r 3 1 no.visible roots. = 0 dense roots throw bout=7Max quits , . 15 T b ' fnvact' agriculture, livestock, or tunerFproduct?on D_ 5 D 4 0- sutistant3al-im`act O ?no,cvJt ence.-:max: omtsl 16 Presence of riffle pool/apple"-pool c`o'itiplexes: p ' bmts} tes or ools 0`w61l dctclo cd max (no riffles rip 17- ', H kbitat complexity = httlepr no habitat 0'; frc went variedhabitats max, omt5 0-6 0-6 0 Is " CanoPS cotierage over. sireamlbed ' 0 -`5 D . , 0 5`. . pints) .` (no sfiadm ve ctation 0 -continuous.cano i=max ' SuUslrnte cuibeddedness - NA^ 0 4? 0-4" dee 1v embedded.- O loose structure .max " Preserice,ofstream invertebrates (sec page 4)-; 0= 0 S 0 J: h 20 (no `ez idence -0 Common numerous cs = ,max ousts o f f amphibians presence o ' 0 4 ` 0 4' 0 4 0.: (no eidence = 0eonimon namerous? yes ='max pints) _ v ?' " =Presence offish'' " pin s (no evidence -0, common, numerous types, :maa 23 Evidence of twildlife use = - 0-6 0 -5 0 -S ? ?(no evidence = -0 abundant evidence = rnax pints) - rotal.P.6ints Possible 100 100 100 TOTtLL SC012I? (also enter on first page)' * These characteristics are not assessed in coastal streams. ATTACHMENT F Representative Photographs *?"--r.: Photo 2: Looking downstream from 5000 Kistler Avenue at Site Photographs Photo Plate: 1 Environmental 4940 Kistler Avenue Services, Inc. Mecklenburg County, North Carolina Project: ET04006.22 Date: Jul 2006 „.. r. 4940 Kistler Avenue, Photo 4: Cemented portion of channel (UT to Edwards Branch) behind 4940 Kistler Avenue. Site Photographs Photo Plate: 2 Environmental 4940 Kistler Avenue Services, Inc. Mecklenburg County, North Carolina Project: ET04006.22 Date: Jul 2006 Photo 3: Close-up of cement wall Photo Plate: 3 s° Environmental Site Photographs 4940 Kistler Avenue Project: ET040 a Services, Inc. Mecklenburg County, North Carolina Date: Jul2 Photo 5: Close-up of brick wall behind 4940 Kistler Avenue failing. Photo 6: Area for proposed channel realignment. C ATTACHMENT G Original Impacts a o S 7 yam.. C . W V_ ? N _ 0. Z'o N RS O cr N V ? C ?L u L J . H V LL Q LL F u. H r u e n ATTACHMENT H Revised Impacts n s m m m m mm TI D 71 b r. 'tom ? '' ,r ?y m b (75, w Q \s V c.. R rn a o m n n'1 ? rn c rn b a n CD C v N O (8D (D .-r 0 i REVISED PRE-CONSTRUCTION NOTIFICATION PURSUANT TO NATIONWIDE PERMIT NO. 13 4940 KISTLER AVENUE CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA ESI Project No. ET06023.00 1 2 / 0 July 31, 2006 For CHARLOTTE STORM WATER SERVICES 600 East Fourth Street Charlotte, NC 28202 704- 432-0966 BY ENVIRONMENTAL SERVICES, INC. 9401-C Southern Pine Boulevard Charlotte, NC 28273 704-523-7225 704-523-7226 fax v-vvw.environmentalservicesine.com AUG 0 2 2006 DENri -'NAT ER Cil,i!i,y ViETIAt,CSA1,DSTC mv.',".TERBi'MCH s Table of Contents Executive Summary,,,,,,,,,,,,,,,,,,,,,,,,,,,, ........._ Existing Conditions ........................................ _.............................. Current Land Use Jurisdictional Determination Agency Correspondence ......................................................................... Cultural Resources Protected Species. ..........................•-•-------•--...............---•--•-----------..._.... Purpose and Need for the Project ........................................................... Avoidance and Minimization Proposed Impacts to Jurisdictional Waters Compensatory Mitigation ....................................................................... References . List of Attachments 1 2 2 3 3 3 3 4 4 4 5 Attachment A - Figure 1. USGS Site Location Map Attachment A - Figure 2a. Soil Survey of Mecklenburg County (SSURGO database) Attachment A - Figure 2b. Soil Survey of Mecklenburg County (SSURGO database) aerial photo base Attachment A - Figure 3. Jurisdictional Boundary Field Map Attachment B - Pre-Construction Notification Application - Nationwide Permit No. 13 Attachment C - Routine On-Site Data Form Attachment D - Request for Jurisdictional Determination Form Attachment E - Stream Classification Forms Attachment F - Representative Photographs Attachment G - Original Impacts Attachment H - Revised Impacts ii 1 1 Executive Summary The 4940 Kistler Avenue project is located in southeast Charlotte near East Independence Boulevard, approximately three tenths of a mile southwest of its intersection with Albemarle Road in Mecklenburg County, North Carolina (Attachment A - Figures 1, 2a and 2b). The purpose of this project is to alleviate channel and property erosion, protect an on-site storage shed, and remove existing concrete and debris from an unnamed tributary (UT) to Edwards Branch. Approximately 65 linear feet (10 of existing concrete will be removed from the on-site stream channel. The right bank of the channel will then be stabilized with approximately 24 if of gabion wall and 35 if of rip-rap. In addition, the bank directly across from the proposed gabion wall will be re-shaped and lined with erosion control matting to allow for a full channel width. ESI has 1 been contracted by CSWS to provide permitting services for this project. The results of the on-site field investigation conducted by Environmental Services, Inc. (ESI) indicate that there is one jurisdictional stream channel within the project limits, a UT to Edwards Branch, located between Kistler Avenue and Erickson Road (Attachment A - Figure 3). On behalf of CSWS, ESI is submitting a Pre-Construction Notification application in accordance with 1 Nationwide Permit (NWP) Number 13 (Attachment B). i I? E J i7 d E Existing Conditions The 4940 Kistler Avenue project is located in southeast Charlotte near East Independence Boulevard, approximately three tenths of a mile southwest of its intersection with Albemarle Road in Mecklenburg County, North Carolina (Attachment A - Figures 1, 2a and 2b). One jurisdictional stream channel is present within the project limits, a UT to Edwards Branch, located between Kistler Avenue and Erickson Road (Attachment A - Figure 3). The UT to Edwards Branch enters the project study area from the east (behind 5000 Kistler Avenue) and flows west behind 4940 Kistler Avenue. The stream channel and right bank have been stabilized with concrete for approximately 65 if behind 5000 Kistler Avenue, which also acts as a structural system to support the driveway. However, the UT to Edwards Branch has begun to erode into the bank behind 4940 Kistler Avenue, undercutting an existing storage shed and causing a loss of property. The purpose of this project is to alleviate channel and property erosion, protect an on-site storage shed, and remove existing concrete and debris from a UT to Edwards Branch. Approximately 65 if of existing concrete will be removed from the on-site stream channel. The right bank of the channel will then be stabilized with approximately 24 if of gabion wall and 35 if of rip-rap. In addition, the bank directly across from the proposed gabion wall will be re-shaped and lined with erosion control matting to allow for a full channel width. ESI has been contracted by CSWS to provide permitting services for this project. Current Land Use The project study area and surrounding vicinity consists primarily of residential land use. Dominant vegetation includes, American beech (Fergus grandifolia), pignut hickory (Carya glabra), white oak (Quercus alba), red maple (Ater rubrum), Chinese privet (Ligustrunt sinense), English ivy (Hedera helix), and Christmas fern (Polystichunt arostichoides). According to the Soil Survey Geographic (SSURGO) Database for Mecklenburg County, on-site soils consist of Pacolet sandy loam (PaE) (Attachment A - Figures 2a and 2b). This soil type is well drained and exhibits moderate permeability and low water capacity. Jurisdictional Determination On September 15, 2005, ESI's Kyle Springs reviewed the on-site jurisdictional waters of the U.S., as defined by the U.S. Army Corps of Engineers (USACE), utilizing the Routine On-Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987). Based on this approach, there are no jurisdictional wetland areas within the project study area. A Routine On-Site Data Form representative of on-site non jurisdictional upland areas has been included as Attachment C. Jurisdictional waters of the U.S. were classified according to recent North Carolina Division of Water Quality (NCDWQ) and USACE guidance. A NCDWQ Stream Classification Form and USACE Stream Quality Assessment Worksheet representative of the UT to Edwards Branch have been included as Attachment E. The results of the on-site field investigation indicate that there is one jurisdictional stream channel within the project limits, UT to Edwards Branch, located between Kistler Avenue and Erickson 1 Road (Attachment A - Figure 3). Edwards Branch is part of the Catawba River basin (HUC 03050103) (NCDWQ 03-08-34), which is classified as "Class C" waters by the NCDWQ 2 J J n L C L C G r LI r C r n U (NCDWQ 2004a), and is not included on the North Carolina 303(d) Impaired Waters List (NCDWQ 2004b). ESI is requesting written verification of the jurisdictional determination of UT to Edwards Branch (Attachment D). The jurisdictional stream (UT to Edwards Branch) enters the project study area from the east (behind 5000 Kistler Avenue) and flows west exiting the project area behind 4940 Kistler Avenue. At a point between 5000 and 4940 Kistler Avenue, UT to Edwards Branch scored a 31.5 out of a possible 71 points on the NCDWQ stream classification form (Attachment E), a score of 19 is needed for the stream to be considered at least intermittent in nature and score of 30 or greater indicates that the stream may be perennial. UT to Edwards Branch scored a 48 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet further indicating that the feature present is a jurisdictional stream (Attachment E). Representative photographs depicting the drainage feature and on-site conditions are included as Attachment F. Agency Correspondence Cultural Resources ESI personnel visited the State Historic Preservation Office (SHPO) on September 22, 2005, to review the archaeological site files in order to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. No recorded archaeological sites or National Register listed properties are located within 0.5-mile of the project study area. Protected Species ESI personnel visited the North Carolina Natural Heritage Program (NCNHP) offices on September 15, 2005 to determine the presence of any federally-listed species or designated critical habitat located within the project vicinity. Based on the review of NCNHP records, no federally listed species are located within 3 miles of the project study area. No designated critical habitat is located within 3 miles of the project study area. Purpose and Need for the Project The purpose of this project is to alleviate channel and property erosion, protect an on-site storage shed, and remove existing concrete and debris from a UT to Edwards Branch. The stream channel and right bank have been stabilized with concrete for approximately 65 if behind 5000 Kistler Avenue, which also acts as a structural system to support the driveway. However, the UT to Edwards Branch has begun to erode into the bank behind 4940 Kistler Avenue, undercutting an existing storage shed and causing a loss of property. The best alternative for stabilizing the UT to Edwards Branch will be to replace the existing concrete behind the two properties with a length of gabion wall and rip-rap. The bank directly across from the proposed gabion wall will also need to be re-shaped and lined with erosion control matting to allow for a full channel width. This is necessary to keep the proposed gabion wall from constricting the cross-sectional area of the channel, which will be maintained consistent with existing conditions. 0 Avoidance and Minimization Impacts to on-site jurisdictional waters have been minimized to the maximum extent practicable and have been significantly reduced from original plans, which proposed to re-align 125 if of stream channel and completely line the newly relocated channel with rip-rap (Attachment G). Removing existing concrete, fence, and other debris from the stream channel and stabilizing the bank with only the necessary length of gabion wall and rip-rap will act to reduce erosion and downstream sedimentation, thus protecting the properties at 5000 and 4940 Kistler Avenue and increasing the water quality of the stream. In addition, all proper sediment and erosion control measures will be implemented to avoid adverse impacts downstream during the construction process. Proposed Impacts to Jurisdictional Waters Proposed impacts include: ±24 if of bank stabilization in the form of a gabion wall; and ±35 if of bank stabilization in the form of rip-rap (Attachment H). In addition, the bank directly across from the proposed gabion wall will also be re-shaped and lined with erosion control matting to allow for a full channel width. On behalf of CSWS, ESI is submitting a Pre-Construction Notification application with attachments in accordance with NWP 13 (Attachment B). Table 1. Summary of Proposed Impacts Activity Impacts Jurisdictional Area under NWP No. 13 UT to Edwards Branch Installation of gabion wall with re-shaping 241f (48 bf) and soft stabilization of opposite bank UT to Edwards Branch Installation of rip-rap 35 If (35 bf) Total 591f Compensatory Mitigation The proposed design of this project is intended to stabilize the existing stream, thereby reducing erosion behind 5000 and 4940 Kistler Avenue and improving water quality downstream. Given these improvements, in addition to the limited nature of the proposed impacts, no mitigation is currently being proposed for this project. 4 u I REFERENCES Environmental Laboratory. 1987. US Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. NC Division of Water Quality (NCDWQ). 2005. Basinwide Information Management System (BIMS): Stream Classification. http://h2o.enr.state.nc.us/bims/. Downloaded July 2006. NC Division of Water Quality (NCDWQ). 2006. Draft 303(d) List. httn://h2o.enr.state.nc.us/tmdl/documents/2006303dListPublicReviewDraft.pdf. Downloaded July 2006. US Department of Agriculture. 1980. Soil Survey of Mecklenburg County, North Carolina. n n u H u n n t_ L L L n u 0 n n n 1-1 n 0 ATTACHMENT A Figures 1 - 3 0 r 0 H 0 C C H C. 11 7 7 J t I U4VMZWI UM1.rtlxa tia f .. ?. N?) r rr `?ct??o ,.. ?l a Jr/ P?? J J s??tr ?JrtatweTCh:. ;, ? r _ ` ?? s Po a ??? f 'fit f \ ,tt ?' ` It r I 4Gy,• ! IW tl /f N'S? Y J l 1•r'1 I1:tr ? , I S -I J / .J dL_ ? •r• N f ? ? ? ? ? ? ? I ?. ? _ • ? f • '? ?',,, 111 v ? 1 ?(,. {' 1, d k ? • ? ? y ? ? / , .: •? ,\;l ti?,?rS? f - aw I ?' k, 2. .I r ? J r , r-?• ;., f,? 1. .. t , f?,lN r ff . `+y. ,. -., y, J 1?.4jj'". ' ? I Q? V?r?d? r 1' .4? t?`!? ? ???1? . z,4 '' ?2 `??I`-,r ? ?w. ,T U',- ? Aa. ,? •?g, _.___??r'r^>?. ? _ rr y -'/.•!!??'' ?' ?,?J?y?\; ? r1 x ;? ?:? .ter til -?"-"'-•C . r i7 y?r - r-• .:- - fS t a+ {,? h t :! 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East Independence Boulevard -?:' {Sas` ; (r L - 1 0 i ) I': f. •V•-. r <fl6to fju,tnclr\ J ,F !. ?? ,r. Catels• Id f. ? \ .I / `.,fit 1 rr- •: / • 9dj,p ? 14i tliah SC6 \i' , jr `• ' J' }?. •, SC4 •'i ., ?Y?^` sjI ?..? r ?• ??...I 1r??? .,`'- ?r. '?? i ' N? \• 1000 0 1000 2000 ,?r1G• ••Pa% ,*:%jrA/ `'.`?%/ 1i? - j+ ???.\ Feel ',;, Q l ??-i• 1x 124,000 .` Source: NCDOT GIS 1:24,000, Chariotte East 4Q ••?• d I ?'= TV ?.i .. \?:. Quadrangle .... ?),i ; % Projection State Plana <` "?? ?> i,??• NAD83, North Carolina, FIPS 3200 ?y r `) is r a? r' ti: .yl ?: ?? mss- .. - „ . •,.. • ,,, _ ? ' .. -J < el CO .? - . t J''. 52' . • ?`, Project Location Map Figure: 1 Environmental 4940 Kistler Avenue Project: ET04006.22 Services, Inc. Mecklenburg County, North Carolina •_„ Date: Jul 2006 Ef04006.2M i ure2a.mxd . C@B2...- N C*02 / CeB2 Cu MO ? 11 1 uB CeB2 'HeB CeB2 - - - ?_--_ CuB D - '- PaF_ 4940 Kistler Avenue Legend Sons iPaF oeL_NAM, ruuraue I _ ?JAPe.APpngsa dVl.- I. APO. APpng sandy lam % p ; -?)Cee2.Cedlendydeyloan ' MGD2, caul ena day loam I . cue. cedwman load mmpler CUD. ceol umn land maple \ W, Dandson snaalaylam a ae loen ne D I C@B2 i sa se e r % CeD2 oeE, Davidson sang clay loam I Ens. E non sandy [am -13 ?eno.anoneanaloan, Ur Georgwile slay 41 ban Gee2 W . - eD2 ]C?W: sos,.,lbd sela- - .•. ?APB` HeB I =? coldeaellydaybem o all, day learn C coo. Gmon ? ? ^ ..: _ .. __? Flee. Flaw1e Bendy bem l ,?we.Falnsureenlne<ompe, I ? , , , rA, Iredel fine Andy bem _-! re, lredll fine sandy W. [;yvj 4e. Irede4Ureel lane maples T ® Lge, Lpnu n oainelly sit law E_1 M0. Monecen ad'$ Cu ?I i ' ... i MS.Mn.n sdlandArNrte - ` / Mee. Medderouro fine sandy loam d l - - l oan L MeD. MeddernllP One san y nla3.Meda.rour¢uonlead oanPlar .I I Pea. PodxawdoMns mmpex .. PaE. Pacde uMy loam :. Ur Ce82 HeB Pe F. PSde sexy bem ?P! Plla . I CeB2 ' ? M. UdoMnt, ban/ ? `... l 1.10.1.1mMn6 sniery bndlll ® ur, m n Ind ? .., / ! O V.S. Yana sna loan W Ynn sand lose 500 500 1000 ..?-? 0 .. J He ; . - V06. Yaws ben % \\ r O 1M0. 1Mkn law Feet -... _- \ i ,... l Vye yMlws bem ?: Source: NRCS S Soil Survey GCS State Plane ? vVW' Wlwe lam -w+o.Ynwwmnlnecaepe. 01 M1383, North Carolina, RPS 3200 Iy, Wela . is Figure: 2a NRCS Soil Survey Environmental 4940 Kistler Avenue Project: ET04006.22 Services, Inc. Mecklenburg County, North Carolina Date: Jul 2006 b.mx ' vaf?# . 0 60 120 Sao 2no legend Feet -Roads 1:2,400 ?-- Streams Source: NRCS Soil Survey, City of Charlotte Parcel GCS: State Plane NAD83, North Carolina, FIPS 3200 7 t CeD2 Soils(Labeled) NRCS Soil Survey Figure: 2b Environmental 4940 Kistler Avenue Project: ET04006.22 Services, Inc. Mecklenburg County, North Carolina Date: Jul 2006 N Note: Jurisdictional waters of the US were Investi4 Environmental Services, Inc. (ESI), on 15 Septem Jurisdictional areas have not been delineated nor the US Army Corps of Engineers. 0 R?" AJD points A SC points # d Buildings Photo - streams Documentation Parcel Point 8 0 8 16 24 32 40 Fog 1:400 Source: GIB Layers provided by Meddenburg County Land Use and Envlronmenhal Services, Inc. (2005) GCS State Plane NAD83, North Carolina, APS 3200 d 4 JD SIC 1 2 by Approximate Jurisdictional Boundary Field Map Figure: 3 Environmental 4940 Kistler Avenue Project: ET04006.22 Services, Inc. Mecklenburg County, North Carolina Date: Jul 2006 ATTACHMENT B Pre-Construction Notification Form Nationwide Permit Number 13 Office Use Only: Form Version May 2002 2 i?i?G 1 ?il0 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 13 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information t? 1. Owner/Applicant Information ?UU w, LUUU Name: City of Charlotte Storm Water Services, Contact) Isaac, inson., IiL ',(. "ACT :`r<,x E Mailing Address: 600 East Fourth Street Charlotte, NC 28202 Telephone Number: (704) 336-4495 Fax Number: (704) 336-6586 E-mail Address: ihinson(n?ci.charlotte.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; 1 however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 4940 Kistler Avenue 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 16102624 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From East Independence Boulevard heading northwest from its intersection with Albemarle Road, take a left onto Pierson Drive, then a left onto Kistler Avenue. The project is located approximately 0.2 mile down Kistler Avenue on the right, behind 4940 Kistler Avenue. 1 Site coordinates, if available (UTM or Lat/Long): 35° 11' 48"N, 80° 46'29"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the 1 coordinates for each crossing of a distinct waterbody.) 5. Property size (acres): 0.28 acre residential parcel 6. Nearest body of water (stream/river/sound/ocean/lake): Edwards Branch 7. River Basin: Catawba (HU4 03050103) (NCDWQ: 03-08-34) (SIN#: 11-137-8-2-1) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/niaps/.) 8. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project study area consists of an unnamed tributary (UT) 1 to Edwards Branch. The UT to Edwards Branch enters the project study area from the east (behind 5000 Kistler Avenue) and flows west behind 4940 Kistler Avenue. The stream channel and right bank have been stabilized with concrete for atnnroximately 65 if behind I?1 5000 Kistler Avenue which also acts as a structural system to support the driveway. However, the UT to Edwards Branch has begun to erode into the bank behind 4940 Kistler Avenue undercutting an existing sge shed and causing a loss of property. The project study area and surrounding vicinity consists primarily of residential and commercial land 9. Describe the overall project in detail, including the type of equipment to be used: Approximately 65 if of existing concrete will be removed from the on-site channel. The right bank of the channel will then be stabilized with approximately 24 if of gabion wall and 35 if of rip-rap. In addition the bank directly across from the proposed gabion wall will be re- shaped and lined with erosion control matting to allow for a full channel width. A trackhoe, in addition to other typical excavation equipment will be used for this project. 10. Explain the purpose of the proposed work: The purpose of this project is to alleviate channel and property erosion protect an on-site storage shed, and remove existing concrete and debris from a UT to Edwards Branch. The best alternative for stabilizing the UT to Edwards Branch will be to replace the existing concrete behind the two properties with a length of gabion wall and rip-rap. The bank directly across from the proposed gabion wall will also need to be re-shaped and lined with erosion control matting to allow for a full channel width. This is necessary to keep the proposed gabion wall from constricting the cross-sectional area of the channel which will be maintained consistent with existing conditions. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There are no future nlans for this area. VI. Proposed Impacts to Waters of the United States/Waters of the State ' It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to 1 wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Proposed impacts include: ±24 if of bank stabilization in the form of a yabion wall; and ±35 If of bank stabilization in the form of rip-rap. In addition, the bank directly across from the proposed gabion wall will also be re-shaped and lined with erosion control matting to allow for a full channel width. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on ma (acres) (es/no linear feet N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/hNwNv.fema.pov. *** List a wetland type that best describes Nvetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci ) Installation of UT to Edwards gabion wall with ±24 If Branch re-shaping and (48 48 b f) UT to Edwards Branch 8 feet Perennial soft stabilization of o osite bank UT to Edwards Installation of ±35 if UT to Edwards Branch 8 feet Perennial Branch rip-rap (35 bf) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.cov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: ±59 linear feet u 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and an other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Vil. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts to on-site jurisdictional waters have been minimized to the maximum extent practicable and have been significantly reduced from original plans, which proposed to re-align 125 if of stream channel and completely line the newly relocated channel with rip-rap (Attachment G). Removing existing concrete, fence, and other debris from the stream channel and stabilizing the bank with only the necessary length of gabion wall and rip-rap will act to reduce erosion and downstream sedimentation, thus protecting the properties at 5000 and 4940 Kistler Avenue and increasing the water quality of the stream. In addition, all proper sediment and erosion control measures will be implemented to avoid adverse impacts downstream during the construction process. VIII. Mitigation Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a 1 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed design of this project is intended to stabilize the existing stream, thereby reducing erosion behind 5000 and 4940 Kistler Avenue and improving water quality downstream. Given these improvements in addition to the limited nature of the proposed impacts no mitigation is currently being proposed for this project. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at httl2://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA t coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the 1 applicant's discretion. L r Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: 1 Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A Zone* Impact (square feet) Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A • Zone 1 extends out 3U lect perpendicular from near banK of cnannel; Gone 1 extends an additional 20 feet from the edge of Zone 1. XI. XII. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Sources of nearby impervious cover include roads, driveways, and rooftops. This proiect will not cause an increase in the impervious coverage of the project area. Sewage Disposal (required by DWQ) 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 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 7 J XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Construction is scheduled to begin following the receipt of the appropriate permits. 1 u E i r C E C r r Applicant/Agent's Signature Date (Agent's signature is valid only if a\n authorization letter from the applicant is provided.) C?SGA C- T T1' .NS o ?n l ?I r fl n u r_ C I I 0 r C E ATTACHMENT C Routine On-Site Data Form i L t C'. 7 u D J DATA FORM ROUTINE WETLAND DETERMINATION (19R7 C OR Wellandc Dolincntinn Manua]) Proiect/Site: 4940 Kistler Avenue Date: 9-16-05 Applicant/Owner: City of Charlotte Stormwater Services County: Mecklenburg Investigator: Environmental Services, Inc. State: NC Do normal circumstances exist on the site? ? Yes No Community ID: mixed hardwood Is the site significantly disturbed (atypical situation)? ?Yes ?? No Transect ID: Is the area a potential problem area (If needed, explain)? Plot ID: upland ?Yes [?] No VFGFTAT1(_)N DOMINANT STRATUM INDICATOR DOMINANT STRATUM INDICATOR PLANT SPECIES PLANT SPECIES 1. american beech tree FACU 7. christmas fern herb FAC FaRus grand(6 a Pohstichum acrostichoides 2. Pignut hickory tree FACU 8. Cana glabra 3. white oak tree FACU 9. Ouercus alba 4. red maple tree FAC 10. Acer rubrum 5. chinese privett shrub FAC 11. Li,s;ustruni sinense 6. english ivy vine NI 12. Hedera helix Percent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 43% Fac Neutral Test: (includes FAC+ and wetter) Remarks The hydrophytic vegetation criterion has not been met. HYDROLOGY ? RECORDED DATA (DESCRIBE IN REMARKS): WETLAND HYDROLOGY INDICATORS Primary Indicators: ? Stream, Lake, or Tide Gauge ? Inundated ? Aerial Photographs ? Saturated in Upper 12 Inches ? Other ? Water Marks ? Drift Lines NO RECORDED DATA AVAILABLE ? Sediment Deposits ? Drainage Patterns in Wetlands FIELD OBSERVATIONS Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 0" ? Water-Stained Lcaves ? Local Soil Survey Data Depth to Free Water in Pit: >18" ? FAC-Neutral Test ? Other (Explain in Remarks) Depth to Saturated Soil: >12" RThe hydrologic criterion has not been met. SOILS MAP UNIT NAME (Series and Phase): Mapped as Pacolet Series DRAINAGE CLASS: well drained TAXONOMY (SUBGROUP): T is Kanha ludults FIELD OBSERVATIONS: Confirm Mapped Type? ? Yes No PROFILE DESCRIPTION Depth (inches) Horizon Matrix Color (Munsell Moist) Mottle Color (Munsell Moist) Mottle Abundance/Contrast Texture, Concretions, Structure, etc. 0-5 10 YR 3/3 loam 5-18+ 2.5YR 4/6 clay HYDRIC SOIL INDICATORS: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Reducing Conditions ? Aquic Moisture Regime ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Listing on National Hydric Soils List ? Listed on State or Local Hydric Soils List ? Gleyed or Low Chroma ? Color ? Other (Explain in Remarks) Remarks: The hydric soil criterion has not been met. WETLAND DETERMINATION Hydrophytic Vegetation Present? ? Yes Q No Is this Sampling Point Within a Wetland? ? Yes ?D No Wetland Hydrology Present? ? Yes ?? No fly dric Soil Present? ? Yes Q No Remarks: Data point is non jurisdictional. !19 v U u n ATTACHMENT D Request for Jurisdictional Determination Form r F-I 11 n 11 1-1 n u L n L n ''d REQUEST FOR JURISDICTIONAL DETERMINATION DATE: July 31, 2006 COUNTY Mecklenburg County, NC TOTAL ACREAGE OF TRACT 0.28 ac. PROJECT NAME (if applicable) 4940 Kistler Avenue PROPERTY OWNER/APPLICANT (name, address and phone): Charlotte Storm Water Services POC: Mr. Isaac Hinson at (704) 336-4495 600 East Fourth Street Charlotte, North Carolina 28202 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Environmental Services Inc. POC: Mr. Paul Petitgout at (704) 523-7225 9401-C Southern Pine Boulevard Charlotte, North Carolina 28273 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes (X) Project in planning stages (Type of project: NWP 13) ( ) No specific development planned at present ( ) Project already completed 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 Site Location Map (Attachment A - Figure 1) (X) NRCS Soil Survey (Attachment A - Figures 2a and 2b) (X) Approximate Jurisdictional Boundary Field Map (Attachment A - Figure 3) ' (X) Pre-Construction Notification Application (Attachment B) (X) Routine On-Site Data Form (Attachment C) (X) Steam Classification Forms (Attachment E) (X) Representative Photographs (Attachment F) ' (X) Agency Correspondence (Report) (X) Original Impacts (Attachment G) (X) Revised Impacts (Attachment H) Signature of Property caner or Authorized Agent Mr. Isaac Hinson North Carolina Division of Water Quality- Stream Identification Form; Version 3.1 Date: 1/15-105- Project: L{4L{D i?tSrlo.r t/. Latitude: j i 07-(j Evaluator: 5s Z- Site: l Longitude: ?O -j -7 `i 1 L V,/ Total Points: Other Stream is at least/ntorm1ttent ??.15 County: ATTACHMENT E Stream Classification Forms ATTACHMENT E Stream Classification Forms North Carolina Division of Water Quality- Stream Identification Form; Version 3.1 Date: 9/157105- Project: L{ 4 L((? ?? a Latitude: y , . i(36-71.1 1,•j rt S . I ,._r ?/. Evaluator: ?s Site: Longitude: ?6. -j -T y 7 avj Total Points: Other Stream Is at least /ntennlttent County: Me C kt e+?' ?u'.? ac e.g. 0uad Name: C4't?.? G? ? ? It z: 19 or perennial if Z 30 A. Geomor hole Subtotal =12,55-) Absent , e:; Weak:;, ModeKate' trong 1°. Continuous bed and bank 0 1 2 ?., 2. Sinuosity 0 1 ,2 3 3. In-channel structure: riffle -pool sequence 0 1 / 3 4. Soil texture or stream substrate sorting 0 1 3 5. Active/relic floodplain 0 1 3 6. Depositional bars or benches 0 1 3 7. Braided channel <110 1 2 3 8. Recent alluvial deposits 0 1 3 9 ` Natural levees X07 1 2 3 10. Hoadcuts f Q) 1 2 3 11: Grade controls 0 0.5 1 12. Natural valley and drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. o = 0 Yes = 3 aMan-made ditches me not rated; see discussions in manual 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 46 hrs since rain, or Water In channel - d or mwin season 0 1 ( 3 16. Leaf litter 1.5 1 0.5 0 17. Sediment on plants 0 QOZ- 1 1.5 18. Organlo debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1 5 20°. Fibrous roots in channel 3 2 1 0 21 °. Rooted plants in channel 2 1 0 22. Crayfish ( 0; 0.5 1 1.5 23. Bivalves (g) 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians l0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 . 1.5 27. Filamentous algae; periph on LN 0.5 1 1.5 26: Iron oxidizing bacteria/fungus. 6 0.5 1 1.5--- 29 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL 1.5 SAV = 2.0-Other = 0.," Items 20 and 21 focus on the presence of upland plants, I= :9 focuses on L%e presence of aquauo or weuana pianos. Sketch: Notes: (use back side of this form for additional notes.) a USACE AID# _ DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment:' 1. Applicant's name: Charlo4e 5'efyt; 5 2. Evaluator's name: l: Ss- 3. Date of evaluation: R 105 1 try" 4. Time of evaluation: 5. Name of stream: Aiaa reA5 F?c o ??r?n 6. River basin: r o r?u i??. 7. Approximate drainage area: 4 Co • 5 o.c.r e 5 8. Stream order: r-, 'r 5+ 9. Length of reach evaluated: 1 a 5 T :. 10. County: Nt e c L I V\ LJ ;ro 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): 01A Latitude (ex. 34.872312): G-7 Longitude (ex.-77.556611): -7 -1 t1 1 °'A/ Method location determined (circle): GPS n o Sheet Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): F'ro+M 1>o-s r Tnaeno? lP??2 B?y?.? ?..lt'Vle YJt?J{vrnv? 141bPd?:u-tA f4?1. 4cttiC fP.C?-ev? i?iersa?VY, ,-'fin^_tn 1c ? are K?sNer A-V. t? u2c e. . 14. Proposed channel work (if any): Ro-aliah ?,-A5 9-rl o-t Ckon'dr,,?. uS20raS4 c"'.1"1 15. Recent weather conditions: !Jo r e 0 r, w ?k\nty, •W n i o 5'- w+ c? _ _ _ 16. Site conditions at time of visit: e 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES (0 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: ?5-1/o Residential 35- % Commercial 5 % Industrial _% Agricultural 0 % Forested % Cleared /Logged S % Otber ( Poaof? ) 22. Bankfull width: 23. Bank height (from bed to top of bank): `l 1 24. Channel slope down center of stream: -Flat (0 to 2%) ,Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 25. Channel sinuosity: Straight -Occasional bends -/Frequent meander -Very sinuous -Braided channel ' Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream 1 quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06103. To Comment, please call 919-876-8441 x 26. 0 STREA.i,_ QUALITY ASSESSMENT WG_.KSHEET ' ECOREGTON POINIAU >J ? " SC : CH ?RACTERISTICS Coastal I' Mo t in ORE . , .. . un a - 1 Presence of Iloii J persistent "pools iri streani 0 =5 W "A 0 `5 . -relax Points :- (noflou orsaturation.=9 stron>flow - I vidence of past; bum.in alteration 0-6 . 0'--' 5 0 5 d cxtcnsivc alteration - O no altciatlon_ max joints 3 Riparian zone 0 = 6 . 0'- 4. 0 iio buffer . 0, coriti uous wide buffer - inax points) 4 pvidence,of nulnen€ or chemical discl?arg es ' 0 -5 - 0 ?'4 0 - 1 C ?(extensedlscliar es...0=, uo.dischar es=.niaY onts Groundivater diseli" c b Q- 3 = 0 4 0 .1 rm s, -,seeps wetlands;:ete. - max omt ono `dischar c O, s C> :Presence of adjacent'floodp7ain 0 1 0 -`4 0 -- ?, no flood lam exxensiue:hood lain xnax oints c.-. :r. ->Hntrencliment/flood lamaccess P.. ' 4 0=S 0 - 0=? ?` ts) uen£floodm .=;maz oin dce lv.cntrenctied .-0 ire Presencg of adjacent 5- 0- 5 4 0 - 0 0 % (no wetlands- Olar esii ucentwetlands 7nax i)oints) Cbannel stnuos?h ? 0_ 5 0, 4 0 3 ts) i. extensive channeliiahon D:natiiraimeandci.. m . 10 Sed?mentmput'_ (exiensn e;de osition`=.OIii#le.or'no?sedtmcnf= maX omts 0--s 0-' . 0 4; ' 1 ' ' S1ze.?'dtycrsity ofjchannel 6cd substrate CIA" 0 -4 I fine' homo enous: 0 ,tar a .diveisesizes.-max poulis) 12-.. Evidence of:channel:utcistori of iiidcntnw r 0-5 } 0- 0 5 aiicised .0 stabie-bed & banks ° max omts (deep] 13 Presence of major bankfailures 0 0 0 'S 0 - 5 «-? severe erosion 0o erosion Table banks=?niaxoints ., 14 hoot depth and density°on banks 0 3 0 - 4 0 5 ; 3 no,visible roo s 0 'dense.roots throu hout?max omts 15 ' Impact by g' Hei re, livestock, of hmbei production - ` " 0 - 5 D 1 0 0 aoY,..O;'no;evidence:-.max omts) iahim sutistant Presence of riffle- oollxi Ic- ool com lexcs; _pp (no riffl Ies or pools 0` well-det elo cd? max olllts) - 17 = Iiabifat compleait} 0- 6 0- 6 0 6 : Iittl'eprnohabitat-_dfr uent vaiiedhabitats -'max?oints ?>:A 18 all off cpveragc over-strean)Cd ' 0-5 D S 0 `}?? oints no shadm seetalion 0 contmuous;cano=coax 19: 19 tSubstrate embedded ness' I?'A 0 4, 0 4 = t (d660W-&nibedd6d-rm . O ?loose.structurt- max - ?'6' Pxcscnce of trcam invCrtebi ates (sec page '4)-. 0 ` 1 p 'S 0 5. C? - ,(ri0 CUIdCI]CC COIr1mOff numerous * es ° Inax points) .'? presence of amphibians 0 L--4 0 J. ri.,..r r (no'c (deuce 0 .common nunicrous cs =maxoints) -rvp . a O.' --+, ??.. -;Presence Of.fisli (no evidence 0; common, numerous t >es -:max oints D-d D-4'.' 0:4' q Evidence of wildlife use 2 3 _ 0- 5 0- 5 _ (no evldencc abundant evidence m x Points)l Yrimts I'osslblc 100, 100 100 OTAL SCORE (a1sQ enter ov first page g * These characteristics are not assessed in coastal streams. 0 0 0 ATTACHMENT F Representative Photographs 8 Site Photographs Photo Plate: a Environmental g 4940 Kistler Avenue Project: ET04006.22 a Services, Inc. Mecklenburg County, North Carolina h Date: Jul 2006 Photo 1: Looking upstream from behind 5000 Ostler Avenue (start of project). r'• venue. Site Photographs Photo Plate: 2 Environmental 4940 Kistler Avenue Services, Inc. Mecklenburg County, North Carolina Project: ET04006.22 Date: Jul 2006 Photo 3: Close-up of cement wall behind 4940 Kistler Avenue. Photo plate: 3 8 a° Environmental Site Photographs g 4940 Kistler Avenue Project: ET040 a Services, Inc. Mecklenburg County, North Carolina ' g Date: Jul2 1 -V; Photo 6: Area for proposed channel realignment. ATTACHMENT G Original Impacts 0 N Q 0 N a' N t U C T- 41? ?. c ??t v .r rn to ? C'± cl- q N . 4 X ? f . -ar i \U R ? 1 W ? W o c>( Ath- h LL 4 Q LL F v. Y ATTACHMENT H Revised Impacts i• N O N M N cr Q) -C U C V- O M H O \O ?1p\ a S o. Z 0. -24 Z l'`U 0. ??ocl vz-- s? a o C ? N a Q. Z c y v n 10 ? O u Z `- f -J OL- 1- \ V o a r y JI-Z ll1 ? ? ? ?N ° v l?J.1 r1 ? 4. 4Q, j L 'off ? '? LL a LL u Y