19920310 Ver 1_COMPLETE FILE_19920101

N
w.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North 'Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
June 10, 1992
MM40RANDUH
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201682
dated June 4, 1992 describing a proposed project by Mr. S. Wayne Weston, Director,
Mecklenburg County Park and Recreation Dept., is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by July 6, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
a

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID: 199201682 June 4, 1992
PUBLIC NOTICE
MR. R. WAYNE WESTON, DIRECTOR, MECKLENBURG COUNTY PARK AND RECREATION
DEPARTMENT, 700 North Tryon Street, Charlotte, North Carolina 28202, has
applied for a Department of the Army permit TO PLACE FILL MATERIAL IN THE FORM
OF GABION BASKETS AND THREE ROCK CHECK DAMS INTO THE WATERS OF LITTLE SUGAR
CREEK TO FACILITATE CONSTRUCTION OF A PEDESTRIAN TRAIL BETWEEN MOOREHEAD
STREET AND FREEDOM PARK AT Charlotte, Mecklenburg County, North Carolina
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers. Plans submitted with the
application show the proposed placement of rock-filled gabion baskets along
1928 linear feet of creek bank for the purpose of providing a foundation for a
paved, pedestrian trail. The trail would be excavated into the existing slope
of the bank. Three rock check dams measuring 6 feet long, and two feet high
with a 1 foot high spillway would be placed within the channel. A total of
approximately 1018 cubic yards of clean rock material would be discharged
below the ordinary high water line of Little Sugar Creek for this project.
All excavated material would be removed from the area and disposed of on
uplands. Construction of the trail may require that excavation equipment work
from within the creek channel. This section of Little Sugar Creek has
undergone extensive channel modifications in the past. The purpose of the
proposed work is to extend an existing public greenway to Freedom Park. The
applicant has proposed to construct the trail on the slope of the bank to
maintain continuity with the existing trail and the unavailability of property
at the top of the bank. Plans showing the proposed work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
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4-
4
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This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be,
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.

0
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Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, DEM,
Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of
reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after June 27, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the DEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before June 22,
1992, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
July 6, 1992, or telephone [phone].

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LITTLE SUGAR CREEK GREENWAY TRAIL
R. WAYNE WESTON, DIRECTOR
MECKLENBURG COUNTY PARK & REC. DEPT.
SHEET 1 of 7 MAY 1992
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 29, 1992
Mr. R. Wayne Weston, Director
Mecklenburg County Park and Recreation Department
700 North Tryon Street
Charlotte, N.C. 28202
A. Preston Howard, Jr., P.E.
Acting Director
Dear Mr. Weston:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed streambank stabilization porject for Little
Sugar Creek trail
Project #92310, COE# 199201682
Mecklenburg County
Attached hereto is a copy of Certification No. 2760 issued
to Mecklenburg County Park and Recreation Department dated July
29, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
rge T. Everett
irector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
? t
NORTH CAROLINA
Mecklenburg County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Mecklenburg County Parks and Recreation Department pursuant to
an application filed on the 10th day of June, 1992 to place
gabion baskets and rock check dams in Little Sugar Creek to
facilitate construction of a pedestrian trail.
The Application provides adequate assurance that the
discharge of fill material into the waters of Little Sugar Creek
in conjunction with the proposed pedestrian trail in Mecklenburg
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 29th day of July, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
??? I U r
reston Howard, J . P.E.
Acting Director
WQC# 2670

DIVISTON OF ENVIR NMENTAL MANAGEMENT
July 6, 1992
Subject: Mecklenburg County Park and Recreation Department
Mecklenburg County
An on-site inspection was conducted on July 2, 1992 by Mr.
Allen Hardy of the portion of Little Sugar Creek where the
Mecklenburg County Park and Recreation Department has proposed to
install a pedestrian trail. The inspection dial not reveal any
areas that would appear- to rate as a high value wetland. However,
the stream banks were established with vegetation that would aid in
the prevention of stream bank erosion. The plans to place gabion
rock along the stream bank would also prevent stream bank erosion.
MEMORANDUM TO ? John Dor ney il_II. $
FROM D. Rex Gleason
WETLANDS GROiJ?'
WATER AN! "i SEC(;Opd
PREPARED BY: Allen Hardy/4,
Pern??i t. No . 92310
This Office has no objections to the issuance of a 401
Certification.
d ^yL SrAT£ 4
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^An ?>
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary June 10, 1992 Director
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201682
dated June 4, 1992 describing a proposed project by Mr. R. Wayne Weston, Director,
Mecklenburg County Park and Recreation Dept., is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by July 6, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY
LIZ ?,tD
This office sup arts he project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date 7L2? Z
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
June 4, 1992
JUN 10 1992
WETLANDS G(N'00i
uJInT[A M1A1ITY SECIIv"I
S: August 4, 1992
Action ID. 199201682
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of R. Wayne Weston, Director, Mecklenburg
County Park and Recreation Department, for Department of the Army
authorization and a State Water Quality Certification to place fill materials
in the form of gabion baskets and rock check dams into the waters of Little
Sugar Creek to facilitate the construction of a pedestrian trail between
Morehead Street and Freedom Park at Charlotte, Mecklenburg County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by August 4, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Steven Lund, telephone
[phone].
Sincerely,
Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

` -APPUCATIO NN vR DEPARTMENT OF THE ARMY PER...,T OMB APPROVAL NO. 0710-0003
(33 CFR 325) .. Expires 30 September 1992
Publo reporkug burden for this calleotion d Information Is estlrntaisd to average 6 hours per response for to nworily d cash, Inck+dln0 the tims for rwlewUtg Irnauctlon ,
«rchhg eAsdng deft sources, wowing and rnelrllak" the data needed, and c omple" and reviewing the collection d Intonmallon. Applications for law or more complex

aspect of W s collection of Inlcmuatlcn,
projectt, q'hose in &obgloaly sensitive areas. could take up to 600 hours. Send comments regarding this burden estimate or any other
hekrdYug suggestions for reducing Ws burden, b Department of Defense, Washington Headquarters Services. Directorate for Information Operations and Reports, 1216 Jef cram
Davis HgtwW. Suite 1204, AAngbn, VA 222021302; arid to site Office of Management end Budget, Paperwork Redllcit- Project (0710-000.'!), Washington, DC 20603. Please DO
NOT RETURN yaw completed form to either of these addresses. Send your eampteted form to: Department d Detense. U.S. A4rny Corps of Engineers, Attn: CECW-OK 20 Mass.
Ave., N.W. Washington, DC 203141000.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection. Research and Sanctuaries Act These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Infarmation provided on this form will be used in evaluating the application for a permit Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which stow the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned. RECEIVED
1. APPLICATION NUMBER (To be assigned by Corps)
0 3. NAME, ADDRESS , AND THE OF AUTHORIZED AGENT
,92
APR 91 John S. DeKemper, Greenway Planner
Mecklenburg County Park & Recreation Dept.
REGULATORY BRANCH 700 N. Tryon St..
C?iGCpbtu?$$B dur??busir??ars

2. NAME AND ADDRESS OF APPLICANT A/C ( ) (Resddence)
R. Wayne Weston, Director A/C(704> 336-5482 (office)
Mecklenburg County Park & Recreation Dept. John S

700 N . Tryon St. .
Statement of Authorisation: 1 hereby designate and authorize
c
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t
D
K

Charlotte NC 28202
Telephone no. during business hours o a
t
n my
emper
e
behalf as my agent in the proceaemg of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C ( ) (Residence) SIG RE O APPLICANT DATE
ac [phone] (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
Mecklenburg County Park and Recreation desires to extend an existing concrete trail from
its present terminus to East Blvd./Freedom Park. The existing trail is built in the
channel bottom of Little Sugar Creek. The trail is built using gabion baskets as the
foundation. The toe of the existing stream channel bank is-modified to permit trail
construction. All construction occurs below Mean High Water. Please refer to attached
drawings for project location. Existing trail was installed without a 404 permit - we
would like this application to include existing trail and proposed trail extension.
4b. PURPOSE
Trails to provide area residents, employees and patients with access to local outdoor
environment, Freedom Park, area businesses and residential homes. Trail provides safe
connection to these facilities for pedestrian only travel., The County was forced to
use bottom of stream channel due to property availability, channelization of Little
Sugar Creek, cost of project development and interest in providing a relationship to
the water of Little Sugar Creek.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
With new construction we will discharge 1018 cubic yards of fill material into Little
Sugar Creek Channel. This material will be in the form of gabion baskets filled with
rip rap, ABC leveling course and concrete trail surface. Again, the toe of the creek
bank is being modified to accept construction with least amount of disturbance to channel.
ENG FORM 4345, Jan 91 EDITION OF APH 86 IS OBSOLETE. . ' -1 (Proponent: CECW-ON)
5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
(See attached list.)
s
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Little Sugar Creek between East Morehead Street and Princeton Avenue in Charlotte, NC.
(See attached map.)
7.' LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS:
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Mecklenburg NC 28203
COUNTY STATE ZIP CODE
Mecklenburg County
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is Sought now complete? M YES ? NO
If answer is 'yes' give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
Existing 1,700 foot long trail was originally constructed in 1988. It subsequently was
washed out. In 1990 (January to April), the trail was re-built using concrete as the
new surface. "No 404 permit was obtained to construct either project.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any stnuetutas, construction, discharges or other
activities described in this application. -
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
10. Application is hereby made for a permit or permits to authorize the activities described herein. 1 certify that I am familiar with the information contained in the
application, and that to the beat of my knowledge and belief such information is true, complete, and accurate. I further certify that 1 possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant-
Z, ?Z32 q --,2--
SIG TUBE OF AP ICANT DATE SIGNATURE OF A DATE
The application must be signed by the person who desires to undertake the roposed acfiviy (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more Man five years, or both.
(Reverse of ENO FORM 4345)

r
5. Names and Addresses of adjoining property owners,
lessees. etc, whose property also adjoins the waterway.
CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY
I P.O. BOX 2554
CHARLOTTE, N.C. 28234
THE CROSLAND GROUP
P.O. BOX 11759
CHARLOTTE, NC '28220
JOSEPHINE H. MILLER
1640 LOMBARDY CIRCLE
CHARLOTTE, NC 28203
MARSHALL C. PRATT, JR.
'C 1636 LOMBARDY CIRCLE
CHARLOTTE, NC 28203
r _ SAM S. McNEELY, JR,.
1632 LOMBARDY CIRCLE
CHARLOTTE, NC 28203
THE NALLE CLINIC
1350 SOUTH KINGS DRIVE
CHARLOTTE, NC 28207
CITY OF CHARLOTTE
PARK AND RECREATION DEPARTMENT
600 EAST TRADE STREET
CHARLOTTE, NC 28202

VICINITY MAP
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SCALE
3/4 INCH = I MILE

LITTLE SUGAR CREEK GREENWAY TRAIL,
R. WAYNE WESTON, DIRECTOR
MECKLENBURG COUNTY PARK & REC. DEPT.
SHEET 1 of 7 MAY 1992

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