20060368 Ver 5_401 Application_20090805

Letter of Transmittal
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273
[phone]
[phone] fax
N.C. Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina, 27604-2260
WE ARE SENDING YOU:
? Shop drawings
® Copy of letter
*S&ME
DATE: 7.30.09 JOB NO: 1357-09-013
ATTENTION: Ms. Cyndi Karoly
RE: Cyrus Branch Improvements Project
U10-03108 US
® Attached ? Under separate cover via
? Prints ? Plans ? Draft
? Report
•
_ the following items:
? Specifications
COPIES DATE NO DESCRIPTION
5 7.30.09 1 WQC/Nationwide Permit Application Package
1 7.30.09 2 Check for WQC Processing Fee
1 7.30.09 3 CD
THESE ARE TRANSMITTED AS CHECKED BELOW:
® For approval ? For your use
? As requested ? For review and comment ?
? FOR BIDS DUE: _/ /_ ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Attached please find the above. Please let me know if you have questions Thank you.
-Joey Lawler
SIGN:
COPY TO: File, USACE, FWS, SHIRO, CSWS
A UG 2009
DENR - WATER QUALITY
WETtANOS ANO STORUWATER BRANCH
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
C? I.P - 0308 v5
July 30, 2009
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Ms. Amanda Jones
N.C. Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Attention: Ms. Cyndi Karoly
Reference: Application for Nationwide Permit Nos. 3 and 27
Cyrus Branch Improvements Project
Charlotte, North Carolina
S&ME Project No. 1357-09-013
Dear Ms. Jones and Ms. Karoly:
? PAl
On behalf of Charlotte Storm Water Services (CSWS), S&ME, Inc. (S&ME) is
submitting this application for impacts to waters of the U.S. in accordance with
Department of the Army Nationwide Permit (NWP) Nos. 3 (Maintenance) and 27
(Aquatic Habitat Restoration, Establishment and Enhancement Activities). S&ME has
been retained by CSWS, the applicant for the proposed project, to provide services
related to acquisition of these NWPs and corresponding North Carolina Water Quality
Certification (WQCs) pursuant to the Clean Water Act. Portions of the work authorized
by NWP No. 27 will occur within the previously-permitted Cyrus-Douglas Branch
Improvement project, while the work authorized by NWP No. 3 will occur just upstream
of the site within an existing channel that was not previously targeted for restoration. The
general project area is located in the Briar Creek-Woodland neighborhood of Charlotte,
North Carolina (35.21404 °N, -80.78685 °W). In support of this NWP application,
please find enclosed the following:
• Figures - Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), 2007
Aerial Photograph (Figure 3), and Soil Survey Map (Figure 4);
• Appendix 1: Pre-Construction Notification (PCN);
• Appendix II: Site Photographs;
• Appendix III: Project Plan Sheets;
• Appendix IV: Previous Permit Authorization Letters; 'G0IILV1
• Appendix V: Previous Agency Correspondence; and
• Check for $570 (DWQ processing fee). Al-1G 5 2009
S&ME
OENR
S&ME, INC. / 9751 Southern Pine Boulevard /Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.39W - WA?TE?R? WATER
'??'S?t?IWa'ER eRp,Ncy
Application for NWP Nos. 3 and 27 SWE Project No. 1357-09-013
Cyrus Branch Improvements Project July 30 2009
The general location of the project area is depicted on the Site Vicinity Map (Figure 1)
and the appropriate portion of the Charlotte East, N.C (1996) USGS Topographic Map
(Figure 2). The respective project reaches are identified on a 2007 Aerial Photograph
(Figure 3) and a Soi] Survey Map (Figure 4).
BACKGROUND INFORMATION
CSWS recently conducted restoration and enhancement activities within two urban
stream channels (Cyrus Branch and Douglas Branch) located east of Briar Creek Road in
Charlotte, North Carolina. Activities conducted at Douglas Branch also provided
mitigation credit to the City of Charlotte. Within Cyrus Branch, a tributary to Douglas
Branch, selective bank stabilization measures were undertaken. The work was originally
authorized by the U.S. Army Corps of Engineers (USACE) under NWP Nos. 3 and 27 on
May 24, 2006 (AID 2006-30726 and AID 2006-32298-360), and by the North Carolina
Division of Water Quality (DWQ) on May 9, 2006 (DWQ No. 06-0368). Modifications
to the project necessitated revision of the original permit, and were authorized by DWQ
on November 2, 2007 (DWQ No. 06-0368V3). In addition, expiration of the original
permit, along with additional channel work, required issuance of a revised permit from
the USACE on July 9, 2008 (AID 2008-1927), and the work is now complete. Copies of
previous permit authorization letters are included in Appendix IV.
During a recent site inspection, three areas of instability were observed within Cyrus
Branch:
Reach 1
Reach l is an approximately 325 linear foot (]f) portion of Cyrus Branch located south of
Cyrus Drive and north of Carolyn Drive. Extensive channel down-cutting was observed
in a portion of the reach. Because of its proximity to an existing residential structure
(1446 Cyrus Drive), gabion walls were originally installed along approximately 100 If of
this reach, while bank reshaping, stone toe protection and live staking were employed in
the remaining upstream segment. The down-cutting can likely be attributed to the
disturbance of the channel bottom soils during the toe protection installation. Although
stresses were lowered through the bank sloping and stabilization, additional measures are
needed to maintain the channel profile. In connection with the channel down-cutting,
potential undermining of existing gabion structures installed along the lower portion of
the channel was observed. Further undermining of the existing gabion walls could lead
to further property loss and threaten the structural integrity of the adjoining residence.
Photo 1 in Appendix 11 depicts current conditions of Reach 1.
Reach 1a
Reach l a is an approximately 301f portion of Cyrus Branch located up-gradient of Reach
2 at the property line between 1373 and 1379 Carolyn Drive. Channel down-cutting and
bank erosion have been observed within this area and stabilization measures are
necessary. Photo 2 in Appendix 11 depicts current conditions in Reach I a.
2
Application for NWP Nos. 3 and 27 SWE Project No. 1357-09-013
Cyrus Branch Improvements Project Jul- 30 2009
Reach 2
Reach 2 is an approximately 280 If portion of Cyrus Branch located south of the terminus
of Crystal Road and north of Carolyn Drive that was not previously targeted for
improvements in connection with the original permit application. The reach is entirely
contained within concrete block walls and a concrete bottom, and flows through lawn
areas associated with neighboring residences (1363 and 1373 Carolyn Drive). As a result
of high-intensity storm events, channel erosion and failure of the adjacent block wall and
concrete bottom were observed within portions of the reach. Photos 3 and 4 (Appendix
11, locations depicted on Figure 3) depict current conditions with Reach 2.
Reach 3
Reach 3 js an approximately 165 if portion of Cyrus Branch originating at the existing
culvert under Carolyn Drive and flowing south to its confluence with Douglas Branch.
Original improvements in this area consisted of bank reshaping and installing gabions
adjacent to existing large trees targeted for protection. Two gabion grade control
structures were included in the plans for the lower portion of this reach, one of which was
installed in the wrong location, and is being corrected under warranty work. This portion
of the reach has begun to exhibit issues similar to those described for Reach 1. Photos 5
and 6 depict current conditions of Reach 3 (Appendix II, locations depicted on Figure 3).
On March 24, 2009, S&ME personnel spoke with Amanda Jones of the USACE and Alan
Johnson of DWQ, both of whom were familiar with the project. Ms. Jones indicated that
the proposed work would require issuance of a new NWP. Mr. Johnson conducted a site
visit on April 2, 2009 and provided guidance with respect to information required DWQ
in this NWP application, and suggestions regarding the proposed work.
PROPOSED PROJECT IMPACTS
Cumulatively, the proposed project will require approximately 505 If of temporary stream
impacts and 30 if of permanent impacts. No impacts to jurisdictional wetlands will
occur.
Table 1: Summa of Tem ora Im acts
Reach
[
ID Length of Impact (if) Type of impact/Description of Work
1 210 Install modified abion rade control structures
1a 30 Bank grading and stabilization; rip rap placement
2 210 Re lace existing concrete block wall and concrete bottom slab
3 85 Install modified gabion grade control structiirPc
Reach 1
To maintain the channel profile and prevent undermining of the existing gabjon
structures, CSWS plans to install in-stream structures at specific locations to create
support for the channel bottom. Gabion structures will be installed within lower portions
of the reach to allow the grade control to tie to the existing gabion walls on either side of
the channel. Use of natural boulders in these areas would not provide adequate stability
adjacent to the gabions, and limited access prohibits use of large equipment necessary to
install boulder grade control structures. Approximately 210 If of the reach will be
temporarily affected by the work, which will be conducted in accordance with conditions
3
Application for NWP Nos. 3 and 27 SWE Project No. 1357-09-013
Cyrus Branch Improvements Project July 30 2009
pursuant to NWP No. 27. Details of the proposed work are depicted on Exhibit I in
Appendix III.
Reach 1a
To prevent further channel downcutting, approximately 30 if of the channel will be
graded and stabilized with erosion control matting and grassy vegetation. Work within
this reach will impact the channel bottom. Additionally, approximately 12 tons of class I
rip rap will be placed within the channel to help minimize future erosion.
Reach 2
HDR Engineering conducted an analysis of the reach and recommended replacement of
the failed block wall with a new segmented block wall such that a larger stream cross
section is achieved. In addition, the existing concrete bottom will be replaced with a new
cast-in-place slab. The improvements would originate upstream of the confluence of an
adjoining concrete flume and the main channel, then extend downstream for
approximately 2101f, terminating with a riprap apron approximately upstream of Carolyn
Drive. This work will be conducted in accordance with conditions pursuant to NWP No.
3, and details of work are depicted on Exhibit 2 in Appendix III.
Reach 3
To prevent further channel bottom degradation, installation of gabion grade control
structures similar to those proposed for Reach 1 is recommended at this location. Gabion
grade control structures are proposed in this area to properly tie to those that comprise
adjacent portions of the bank, and also because large trees and heavily landscaped
adjacent areas to the reach prohibit placement of boulders with large equipment. This
work will be conducted in accordance with the conditions pursuant to NWP No. 27, and
details of the proposed work are depicted on Exhibit 3 in Appendix III.
PROTECTED SPECIES AND CULTURAL RESOURCES
Protected Species
Assessment of potential protected species habitat within the project area was conducted
by Carolina Wetland Services, Inc. (CWS) in connection with the original permit
application. At that time, a scoping letter detailing the project was provided to the North
Carolina Natural Heritage Program (NCNHP). -The NCNHP responded with a February
2, 2004 letter (Appendix V) stating that they had no records of rare species, significant
natural communities or priority natural areas at the site or within a mile of the project
area.
As an update for the current application, S&ME conducted a literature review of existing
records obtained from federal and state sources to identify documented records of
protected species. The U.S. Fish and Wildlife (USFWS) list of federally protected
species (updated May 10, 2007) was consulted for a listing of protected species
documented within Mecklenburg County, North Carolina. This review identified three
protected plant species and one animal. Listed fauna and flora and their federal status are
identified in Table 2. Explanations of rankings are included at the end of the table.
4
Application for NWP Nos. 3 and 27 SWE Project No. 1357-09-013
Cyrus Branch Improvements Proiect July 30 2009
Table 2: Federally Protected Flora and Fauna Summary
Species Federal Rank' County Status Habitat Present
Helianthus schweinitzii

Schweinitz's sunflower E Current No
Lasmigona decorata

Carolina heelsplitter E Historical No
Echinacea laevigata

Smooth coneflower E Current No
Rhus michauxii
Michaux's sumac
• C - C...J....-----1 E Historical No
u wanym c?
As part of the literature review, S&ME also consulted the NCNHP Geographic
Information Systems (GIS) database Virtual Workroom and Element Occurrence (EO)
Database for a listing of EOs of endangered or threatened species within or near the
project area. This review did not identify EOs pertaining to federally protected species
within a two-mile radius of the project area.
S&ME completed a field reconnaissance of the project area on March 20, 2009. Areas
adjoining the project reaches consist of maintained lawns or landscaped areas. Based on
the level of recent and continued disturbance, the project area was not considered to
provide potential habitat for protected terrestrial species with a likelihood of occurring in
Mecklenburg County.
The proposed project will not impact streams that drain to known populations of Carolina
heelsplitter or its designated critical habitat. No documented occurrences of Carolina
heelsplitter are known for Briar Creek. Accordingly, the proposed project is not
anticipated to impact this species or its designated critical habitat.
A copy of this application will be provided to the USFWS - Asheville Field Office for
their review.
Cultural Resources
In connection with the original permit application, CWS provided the State Historic
Preservation office (SHPO) with a scoping letter detailing the project and requesting
comment. SHPO responded with a February 19, 2004 letter (Appendix V) stating that
they were aware of no historic resources which would be affected by the project. As an
update for the current application, S&ME will provide a copy of the PCN to SHPO for
their Review.
AVOIDANCE AND MINIMIZATION
The proposed project does not involve permanent stream impacts. The project will not
disturb the Federal Emergency Management Agency (FEMA) designated 100-year
Application for NWP Nos. 3 and 27 SWE Project No. 1357-09-013
Cyrus Branch Improvements Project Jul- 30 2009
floodplain or result in impacts to the existing Surface Water Improvement and
Management (SWIM) Buffer. Impacts have been avoided and minimized to the extent
practicable and have been limited to the minimum necessary to facilitate the repair work.
Use of gabion baskets rather than more-natural materials (boulders, logs, etc.) is proposed
for the repair work associated with lower portions of Reach l and within Reach 3 because
they will tie to the adjacent gabions and form a more secure structure. An impediment to
use of boulders or similar large natural grade control structures is limited site access.
Because the project reaches are located in existing lawns and within close proximity to
existing residential structures, the size and type of mechanized equipment that can be
employed to perform the work is limited. Use of gabion baskets that contain smaller
stone would allow smaller equipment that could maneuver around vegetation and trees
and better protect adjacent property.
With respect to Reach 2, similar available space constraints prohibited the use of natural
channel design methods. Currently, the channel where the proposed work will occur is
completely concrete-lined. Accordingly, modification of the existing block wall and
replacement of the concrete slab bottom will not result in additonal permanent impacts.
Temporary in-stream erosion control and dewatering measures will be installed during
construction of the project. In addition to using silt fence on adjoining upland areas,
stream flows will be pumped around the work areas to facilitate work in the dry through
the use of coffer dams, pump-arounds, and rock check dams at each affected reach.
Temporary erosion control and dewatering measures will be removed and temporary
disturbance areas will be restored to pre-construction contours immediately upon
completion of the project.
REGULATORY CONSIDERATIONS
Work associated with Reaches l and 3 will be conducted in accordance with the
conditions of NWP No. 27, while work associated with Reach 2 will be conducted
pursuant to the conditions of NWP No. 3.
Appropriate sediment and erosion control practices outlined in the most recent version of
the "North Carolina Sediment and Erosion Control Planning and Design Manual" and
approved by the local governing authority will be in compliance with specifications
governing the proper design, installation, operation and maintenance of such Best
Management Practices to comply with the appropriate turbidity water quality standard.
Sediment and erosion control measures placed in waters will be removed and the original
grade restored within two months after the Division of Land Resources has released the
project. Impacts have been avoided and minimized, and appropriate measures will be
taken during construction to allow flow and circulation patterns of waters of the U.S. to
remain unaffected.
Following construction, temporarily-disturbed upland areas will be restored to original
grade and elevation. Excess material will be removed to a high ground disposal area.
The proposed project will not result in additional impervious surface, and no permanent
or temporary impacts to wetlands are anticipated.
6
Application for NWP Nos. 3 and 27 SWE Project No. 1357-09-013
Cyrus Branch Improvements Project July 30 2009
MITIGATION
Work associated with Reaches 1 and 3 is primarily designed to repair and improve
elements of a previously-authorized restoration project that require remedial work. Work
associated with Reach 2 is designed to repair and improve an existing, previously-
authorized structure. All proposed impacts are temporary. Based on our experience with
similar projects, we do not anticipate that compensatory mitigation for the proposed
project is required. Work associated with Reach 2 will impact only a portion of the
channel that is completely contained within a concrete and brick lining where none of the
natural bank or bed remains.
CLOSING
By copy of this correspondence and completed PCN, we are requesting your written
concurrence with this NWP application. If we can provide additional information or
answer questions you may have, please feel free to contact us at 704.523.4726.
Sincerely,
S&ME
Jarrod Karl
Permitting and Mitigation Administrator
Charlotte Storm Water Services
o awler, P.W.S.
Natural Resources Project Manager
CMOAM4 '/?
Michael Wolfe
Natural Resources Department Manager
Senior Reviewed by Lisa J. Beckstrom, C.E., C.W.B., LEED AP
Attachments
cc: Mr. Peter Sandbeck, State (North Carolina) Historic Preservation Office
Mr. Brian Cole, U.S. Fish and Wildlife Service, Asheville Field Office
JouMW/jol S:\1357\PROJECTS\2009\09-013 Cyrus Branch Improvements Project
7

FIGURES
FIGURE 1 SITE VICINITY MAP
FIGURE 2 USGS TOPOGRAPHIC MAP
FIGURE 3 2007 AERIAL PHOTOGRAPH
FIGURE 4 SOIL SURVEY MAP
t
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]East
W;
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y
Ny'
C' 1 Tom. g
?? ? y,? ?. 'i.*• ';' ?,,. i ??` ? t? i ?CT? ;?.- ? ,..;,max y Al
CO! i
kit,
?-
RESP44
Approximate Cyrus / Douglas Branch Improvement Area
REFERENCE: USGS 1996 CHARLOTTE EAST [NC] QUAD SHEET q
THE ABOVE INFORMATION WAS OBTAINED FROM THE MECKLENBURG COUNTY GEOGRAPHIC INFORMATION SYSTEM (GIS)
DEPARTMENT WEB SITE. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR 0 500 1,000 1,500
DESIGN. LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S$ME, INC. ASSUMES NO
ONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feet
SCALE: AS SHOWN FIGURE
USGS TOPOGRAPHIC MAP NO.
DATE: 4-20-2009 S&ME
Cyrus Branch
DRAWN BY: DDH - Channel Improvements Project
Charlotte, North Carolina
CHECKED BY: LJB PROJECT NO:
? 1357-09-013
4' % "y
o
r '
c . : o,
co
cent
rat c
LL1
s,
°? Reach 1 e
(See Exhibit 1)
w
'¢ Reach 2 Thackery_Ln + q
(See Exhibit 2)
Green Oaks In
\ - -.. .
Reach 1a
(See Exhibit 2)
W 3
Reach 3,
See Exhibit 3
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ee? ej9f patri
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ar
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fi Photo Locations 41*
Approximate Project Reaches
n ? °4
Q Approximate Cyrus / Douglas Branch Improvement Area o`er '
REFERENCE:
THE ABOVE GIS LAYERS WERE OBTAINED FROM THE MECKLENBURG COUNTY GEOGRAPHIC INFORMATION SYSTEMS /
(GIS) DEPARTMENT. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY IT IS NOT MEANT FOR DESIGN, 0 250 500 750
LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO
RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. 9
Feet
KALE: 1" = 500' FIGURE
2007 AERIAL PHOTOGRAPH NO.
)ATE: 6-23-2009 S&ME
Cyrus Branch
RAWN BY: DDH Channel Improvements Project
Charlotte, North Carolina
HECKED BY: LJB PROJECT NO:
1357-09-013
J
f-?
Y
N
/ o
c
Ur Z
Uc? Reach 1
CUB
Reach 2
F
?n L i \ Ur
--- - Reach 1a
Reach 3
i
ee '9 ate CeD2
? Gt hf°n r?rd r ,
\ea nhr// T
` PaE
t „ ?? CUD
? o?r necreStgr ? .
Approximate Project Reaches
Q Approximate Cyrus / Douglas Branch Improvement Area _
CeD2: Cecil sandy clay loam, 2-8% slopes w°Oat 6
CUB: Cecil-Urban land complex, 2-8% slopes anaOf
CUD: Cecil-Urban land complex, 8-15% slopes
PaE: Pacolet sandy loam, 15-25% slopes o`
Ur: Urban land c°°awrnq? ??? _ -
a`
REFERENCE: USDA SOIL SURVEY GEOGRAPHIC (SSURGO) DATASET FOR MECKLENBURG COUNTY
SOIL SURVEY DATA WAS OBTAINED FROM USDA GEOSPATIAL DATA GATEWAY. BACKGROUND LAYERS WERE OBTAINED
FROM THE MECKLENBURG COUNTY GEOGRAPHIC INFORMATION SYSTEMS (GIS) DEPARTMENT. PLEASE NOTE THIS MAP
IS FOR INFORMATIONAL PURPOSES ONLY IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO Q.
GUARANTEES ABOUT ITS ACCURACY SaME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY 0 250 500 750 _o
ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. 'c
Feet
SCALE: 1., _ 500, FIGURE
DATE: SOIL SURVEY MAP No.
4-20-2009 S&ME Cyrus Branch
DRAWN BY: DDH Channel Improvements Project
Charlotte, North Carolina
CHECKED BY: LJB PROJECT NO:
1357-09-013
APPENDIX I
COMPLETED PCN
0t,-o36S V5
Vd A f E?
C_ G
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification CN Form
A. A Ucant Information i t PA IF
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP Nos. 3 and 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Cyrus Branch Channel Improvements Project
2b. County: Mecklenburg
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: Briar Creek-Woodland
2e. NCDOT only, T.I.P. or state
project no: N/A
Page 1 of 13
PCN Form - Version 1.3 December 10, 2008 Version
3. Owner Information

3a.

Name(s) on Recorded Deed: Christopher Ravenscroft (1446 Cyrus Drive), James Arnold and Jerry Dimmery (1440
Cyrus Drive), Roanld and Mary Moore (1363 Carolyn Drive), William and Bethany
Martin (1352 Carolyn Drive), John McManus and Debroah Gilbert (1360 Carolyn Drive
and Doris Hill 12906116 (1373 Carolyn Drive) and Thomas Walker (1379 Carolyn
Drive).

3b.
Deed Book and Page No. 17538-701 (1446 Cyrus Drive), 15391-832 (1440 Cyrus Drive), 01913-289 (1363
Carolyn Drive), 24024-443 (1352 Carolyn Drive), 06335-021 (1360 Carolyn Drive). No
deed reference is provided for 1373 Carolyn Drive, and 63391-637 (1379 Carolyn
Drive).
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: Reach 1: 1440 and 1446 Cyrus Drive; Reach 1a: 1373 and 1379 Carolyn Drive; Reach
2: 1363 and 1373 Carolyn Drive; Reach 3: 1352 and 1360 Carolyn Drive.
3e. City, state, zip: Charlotte, North Carolina 28205
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify:
4b. Name: Jarrod Karl
4c. Business name
(if applicable): Charlotte Storm Water Services
4d. Street address: 600 East Fourth Street
4e. City, state, zip: Charlotte, NC 28202
4f. Telephone no.: 704.432.0966
4g. Fax no.: 704.336.6586
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Joey Lawler, PWS
5b. Business name
(if applicable): S&ME, Inc.
5c. Street address: 9751 Southern Pine Blvd.
5d. City, state, zip: Charlotte, NC 28273
5e. Telephone no.: 704.523.4726
5f. Fax no.: 704.525.3953
5g. Email address: [e-mail]
Page 2 of 13
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
Reach 1: 12906140 and 12906141; Reach 1 a: 12906116
1a. Property identification no. (tax PIN or parcel ID): and 12906117; Reach 2: 12906115 and 12906116;
Reach 3: 12908402 and129008403.
1 b. Site coordinates (in decimal degrees): Latitude: 35.21404 Longitude: - 80.78685
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: Reach 1: - 0.25; Reach 1a: -0.25 Reach 2: - 0.25;
Reach 3: - 0.30 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT of Briar Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: 11-137-8-2, Class C
2c. River basin: Catawba River Basin (HU Code 03050103)
Page 3of13
PCN Form - Version 1.3 December 10, 2008 Version
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
According to the Standard Classification System for the Mapping of Land Use and Land Cover, the project area consists
of the following Land Cover categories: 53 - Linear Drainage and 1.01.01.03 Medium Density Detached Dwellings.
3b. List the total estimated acreage of all existing wetlands on the property:
No wetlands were identified in the project area.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Reach 1: - 325 If; Reach 1 a: - 30 If; Reach 2: -- 280 If; Reach 3: - 165 If.
3d. Explain the purpose of the proposed project:
Work associated with Reaches 1 and 3 is designed to repair and improve elements of a previously-authorized restoration
project that requires remedial work to prevent stream channel down-cutting and structure compromise. Work within
Reach 1a is designed to stablizae a downcutting portion of stream that is exhibiting significant bank erosion. Work
associated with Reach 2 is designed to repair and improve an existing concrete-lined channel that has begun to fail.
3e. Describe the overall project in detail, including the type of equipment to be used:
Reach 1 is an approximately 325 linear foot (If) portion of Cyrus Branch located south of Cyrus Drive and north of Carolyn
Drive. Original channel work included installation of gabion walls, bank reshaping, stone toe protection and livestaking.
Extensive channel down-cutting and undermining of the gabions was observed in a portion of the reach, and additional
measures are needed to maintain the channel profile. To maintain the channel profile and prevent undermining of the
existing gabion structures, CSWS plans to install in-stream structures at specific locations to create support for the
channel bottom. Gabion structures will be installed within lower portions of the reach to allow the grade control to tie to
the existing gabion walls on either side of the channel.
Reach 1 a is an approximately 30 If portion of Cyrus Branch located upgradient of Reach 2 at the property line between 1373
and 1379 Carolyn Drive. Channel downcutting has been observed within this area and stabilization measures are
necessary. To prevent further channel downcutting, the channel will be graded and stabilized with erosion control matting
and grassy vegetation. Work within this reach will impact the channel bottom. Additionally, approximately 12 tons of
class I riprap will be placed within the channel to help minimize future erosion.
Reach 2 is an approximately 280 Ilf portion of Cyrus Branch located south of the terminus of Crystal Road and north of
Carolyn Drive that was not previously targeted for improvements in connection with the original permit application. The
reach is entirely contained within concrete block walls and a concrete bottom, and flows through lawn areas associated
with neighboring residences. As a result of high-intensity storm events, channel erosion and failure of the adjacent block
wall and concrete bottom were observed within portions of the reach. Engineering analysis of the reach recommended
replacement of the failed block wall with a new segmented block wall such that a larger stream cross section is achieved.
In addition, the existing concrete bottom will be replaced with a new cast-in-place slab. The improvements would
originate upstream of the confluence of an adjoining concrete flume and the main channel, then extend downstream for
approximately 205 If, terminating with a riprap apron approximately upstream of Carolyn Drive.
Reach 3 is an approximately 165 If portion of Cyrus Branch originating at the existing culvert under Carolyn Drive and
flowing south to its confluence with Douglas Branch. Original improvements in this area consisted of bank stabilization of
the existing channel by sloping the banks back and installing gabions adjacent to existing large trees targeted for
protection. This portion of the reach has begun to exhibit issues similar to those described at Reach 1. To prevent
further channel bottom degradation, installation of gabion grade control structures similar to those proposed for Reach 1
is recommended. The gabion grade control structures are proposed in this area to properly tie to those that comprise
adjacent portions of the bank, and also because of large trees and heavily landscaped adjacent areas that prohibit
placement of boulders with large equipment.
Equipment used to construct the proposed project will be limited to small, easily-maneuverable standard earth-moving
equipment.
Page 4 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
®Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Carolina Wetland

Name (if known): N/A Services, Inc. (CWS).
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Submitted by CWS in conjunction with original NWP application (see 5b below).
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
USACE Action ID Nos. 2006-32298-360 and 2006-30726 (May 24, 2006) and 2008-1927 (July 9, 2008); DWQ Project
Nos. 06-0368 (May 9, 2006) and 06-0368V3 (November 2, 2007).
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Although construction activities associated with the previous restoration were conducted in a phased approach, there are
no plans for additonal restoration activities within the project area.
Page 5 of 13
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: No wetlands identified in the project area.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)

S1 ? P ®T Gabion and
Bolder Grade
Reach 1
® PER
® Corps
3
210
Control Structures ?INT ®DWQ
S2 ® P ? T Grade banks and Reach 1a ® PER ® Corps 4 30
place rip rap ? INT ® DWQ

S3 ? P ® T Replace block
wall and existing
Reach 2 ® PER ® Corps
4
210
concrete bed ?INT ®DWQ
S4 ? P ®T Gabion Grade Reach 3 ® PER ® Corps 5 85
Control Structres ? INT ® DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 535
3i. Comments:
Page 6 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: No open waters are located within the project area.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5E Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 7 of 13
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Use of gabion baskets rather than more-natural materials (boulders, logs, etc.) is proposed for the repair work associated with
lower portions of Reach 1 and within Reach 3 because they will tie to the adjacent gabions and form a more secure structure.
An impediment to use of boulders or similar large natural grade control structures is limited site access. Because the project
reaches are located in existing lawns and within close proximity to existing residential structures, the size and type of
mechanized equipment that can be employed to perform the work is limited. Use of gabion baskets that contain smaller stone
would allow smaller equipment that could maneuver around vegetation and trees and better protect adjacent property.
With respect to Reach 2, similar available space constraints prohibited the use of natural channel design methods. Currently,
the channel where the proposed work will occur is completely concrete-lined. Accordingly, modification of the existing block
wall and replacement of the concrete slab bottom will not result in additional permanent impacts.
Temporary in-stream erosion control and dewatering measures will be installed during construction of the project. In addition
to use silt fence on adjoining upland areas, stream flows will be pumped around the construction areas to facilitate work in the
dry through the use of coffer dams, pump-arounds, and rock check dams at each affected reach. Temporary erosion control
and dewatering measures will be removed and temporary disturbance areas will be restored to pre-construction contours
immediately upon completion of the project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
To prevent sedimentation of downstream, construction will be conducted in the dry through the use of a coffer dams, pump
arounds and a rock check dams.
Appropriate sediment and erosion control practices outlined in the most recent version of the "North Carolina Sediment and
Erosion Control Planning and Design Manual" and approved by the local governing authority will be in compliance with
specifications governing the proper design, installation, operation and maintenance of such Best Management Practices to
comply with the appropriate turbidity water quality standard. Sediment and erosion control measures placed in waters will be
removed and the original grade restored within two months after the Division of Land Resources has released the project.
Impacts have been avoided and minimized, and appropriate measures will be taken during construction to allow flow and
circulation patterns of waters of the U.S. to remain unaffected. After construction, adjacent disturbed work areas will be
seeded and restored.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
? Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 8 of 13
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 9 of 13
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project will not involve
creation of additonal imperveous surface.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Mecklenburg
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 10 of 13
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed project will not generate wastewater.
Page l l of 13
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
E:1 Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
An assessment of potential protected species habitat within the project area was conducted in connection with the original
permit application. At that time, a scoping letter detailing the project was provided to the NCNHP. The NCNHP
responded with a February 2, 2004 letter stating that they had no records of rare species, significant natural communities
or priority natural areas at the site or within a mile of the project area. As an update for the current application, S&ME will
provide a copy of the PCN to the US Fish and Wildlife Service.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh-coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
In connection with the original permit application, the SHPO was provided with a scoping letter detailing the project and
requesting comment. SHPO responded with a February 19, 2004 letter stating that they were aware of no historic
resources which would be affected by the project. As an update for the current application, S&ME will provide a copy of
the PCN to SHPO.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The project area is located outside of the FEMA 100-
year floodplain. http://polaris.mecklenburgcountync.gov
Jarrod Karl - 7/30/09
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 13
PCN Form - Version 1.3 December 10, 2008 Version
APPENDIX 11
SITE PHOTOGRAPHS
t jt? s?

I Photo 3: View of block wall failure and channel migration at
Reach 2.

t # "k
'
Y
A4

Photo 5: Facing downstream near origin of Reach 3. Photo ti: racing upstream near terminus of Reach 3.
Taken by: JoL SITE PHOTOGRAPHS
Cyrus Branch Channel Improvements Project
Checked by: LJB
Charlotte, North Carolina
tS ME
Date: April 24, 2009
Project No.: 1357-09-013 Photo Page 1 of 1

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iy

Photo 4: Facing upstream at Reach 2. Note that existing
channel is completely lined with concrete blocks.

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APPENDIX 111
PROJECT PLAN SHEETS

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APPENDIX IV
ORIGINAL NWP AUTHORIZATION LETTERS
• MAY 24, 2006 USACE AUTHORIZATION LETTER
(AID 2006-30726)
• MAY 24, 2006 USACE AUTHORIZATION LETTER
(AID 2006-32298-360)
• MAY 9, 2006 DWQ AUTHORIZATION LETTER
(06-0368)
NWP MODIFICATION AND RENEWAL
AUTHORIZATION LETTERS
• NOVEMBER 2, 2007 DWQ AUTHORIZATION LETTER
(06-0368V3)
• JULY 9, 2008 USACE AUTHORIZATION LETTER
(AID 2008-19270
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200630726 County: Mecklenburg USGS Quad: Charlotte East
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: City of Charlotte Stormwater Services / Attn: Jarrod Karl
Address: 600 East Fourth Street
Charlotte, NC 28202
Telephone No.: 704432-0966
Size and location of property (water body, road name/number, town, etc.): This proposed stream
channel enhancement is located at Green Oaks Lane and Commonwealth Avenue, in Charlotte,
Mecklenburg County, North Carolina.
Description of projects area and activity: This permit authorizes the replacement of culverts,
excavation, and installation of in-stream structures associated with proposed stream channel
enhancement. Impact to stream channels authorized by this permit are 18 linear feet (under NWP
#3 for culvert replacement activities) and 864 linear feet of stream channel for enhancement
activities utilizing bio-engineering techniques (under NWP #27).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 3 & 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any. violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWT.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
-- Certification-You-shouldcontact-the NC-Dikision-of-Water-Quality_(telepbone_(919)_73317.86)_to-determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: May 24.2006
Expiration Date of Verification: March 18, 2007
-2-
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains stream channels that exhibit indicators of ordinary high
water marks. The stream channel on the property is known as Douglas Branch which flows into Briar Creek. Briar
Creek ultimately flows into the Catawba River which flows to the Atlantic Ocean through the Santee-Cooper River
in South Carolina.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this detem»nation you must submit a completed RFA form to the South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 3T]-3, -and-that it has been received by the-Division Office v?n3lun 60aays o -
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by July
24, 2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Amanda Jones
Date May 24, 2006
Copy Furnished:
Carolina Wetland Services, Attn: Gregg Anterann, 550 E. Westinghouse Blvd., Charlotte, NC 28273
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2006-32298-360 County: Mecklenburg USGS Quad: Charlotte East
GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: City of Charlotte Stormwater Services / Attn: Jarrod Karl
Address: 600 East Fourth Street
Charlotte, NC 28202
Telephone No.: 704-432-0966
Size and location of property (water body, road name/number, town, etc.): The proposed stream
channel enhancement/restoration known as Cyrus-Douglas Branch Phase II is located on the west
side of Eastway Drive, south of Cyrus Drive, in Charlotte, Mecklenburg County, North Carolina
Description of projects area and activity: This permit authorizes placement of fill, excavation, and
installation of in-stream structures associated with proposed stream channel restoration and
enhancement activities. Impacts to stream channels authorized by this permit are approximately
3,401 linear feet of Cyrus Branch and Douglas Branch. This authorization is for Cyrus-Douglas
Phase II stream enhancement/restoration.
Applicable Law: M Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWT.'
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
--- Certification.-You_should_contact the_NC Division of Water Quality _(telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: May 24, 2006
Expiration Date of Verification: March 18, 2007
-2-
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains stream channels that exhibit indicators of ordinary high
water marks. The stream channels on the property are known as Cyrus Branch and Douglas Branch which flows into
Briar Creek. Briar Creek ultimately flows into the Catawba River which flows to the Atlantic Ocean through the
Santee-Cooper River in South Carolina.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
mate ot`the NAP-Should you decide to-, bmirl-TRFA fafff !;-it must-l3eTec-eived--aCtlf"b7ove-rddmlTbyMZ
24, 2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Amanda Jones
Date May 24, 2006
Copy Furnished:
Carolina Wetland Services, Attn: Gregg Antemann, 550 E. Westinghouse Blvd., Charlotte, NC 28273
OF W AT F9
?O? QG
? r
-4
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
May 9, 2006
DWQ## 06-0368
Mecklenburg County
Mr. Jarrod Karl
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: Cyrus/Douglas Branch Improvement Project, Ph. II
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Karl:
You have our approval, in accordance with the attached conditions and those listed below, to impact
approximately 3,600 linear feet (If) of stream (2,600 If of Douglas Branch and 1,000 If of Cyrus Branch) in order
to conduct the subject stream restoration/enhancement project in Mecklenburg County, as described in your
application received by the Division of Water Quality (DWQ) on April 24, 2006. The city of Charlotte will be
requesting mitigation credit for 2,126 If of stream restoration conducted on Douglas Branch per the City's
existing Mitigation Banking Instrument (MBI). 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 27 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
3. Use of native vegetation and other soft streambank 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 stream
bed, unless approved by the DWQ.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
Noy` Carolina
lur?rlbJ
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: nmaterqulaity,org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recyded/10% Post Consumer Paper
5. 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.
6. 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 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.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. Alan Johnson 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, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
Greg Antemann
•\O?Q? W AT ?c'gQG
? r
? i -i
0 liii? Y
Mr. Jarrod Karl
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen H. Sullins, Director
F" Division of Water Quality
1f November 2, 2007
DWQ# 06-0368V3
Mecklenburg County
Subject: Cyrus/Douglas Branch Improvement Project, Ph. II
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Karl:
You have our approval, in accordance with the attached conditions and those listed below, to impact an
additional 226 linear feet (If) of stream bank in order to conduct the subject stream restoration/enhancement
project in Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on October 25, 2007. The city of Charlotte will be requesting mitigation credit for 2,126 If of stream
restoration conducted on Douglas Branch per the City's existing Mitigation Banking Instrument (MBI). After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3626, which can be viewed on our web site at hftp://h2o.enr.state.nc.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 27 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. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
3. Use of native vegetation and other soft streambank 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 stream
bed, unless approved by the DWQ.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving
streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
N.Q?."j?hCarolina
alyrnlly
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet ncwaletqulalty.org FAX [phone]
An Equal Opportunity/Af nnalive Action Employer - 50% Recycled/10% Post Consumer Paper
5. 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.
6. 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 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.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 1508 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. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
`1, ;'3 1? -
for Colleen H. Sullens
Attachments
cc:- Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Central Files
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2008-1927 County: Mecklenburg USGS Quad: Charlotte East
GENERAL PERIVHT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: City of Charlotte Stormwater Services / Attn: Isaac Hinson
Address: 600 East Fourth Street
Charlotte, NC 28202
Telephone No.: 704-336-4495
Size and location of property (water body, road name/number, town, etc.): The site is located near
Green Oaks Lane and Commonwealth Avenue, in Charlotte, Mecklenburg County, NC.
Description of projects area and activity: This permit authorizes pipe replacement, stream channel
enhancement, and bank stabilization associated with Phase 1 of the Cyrus Douglas Branch CIP.
Impacts were previously authorized under AID 2006-30726 but were not completed prior to permit
expiration. This permit authorizes the remaining impacts that were previously authorized which
total 353 linear feet of stream. channels.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 27 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply. with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980.
Corps Regulatory Official Amanda Jones Date: July 9, 2008
Expiration Date of Verification: July 9, 2013
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains stream channels that exhibit indicators of ordinary high
water marks. The stream channel on the property is an unnamed tributary to Irwin Creek which flows into the
Catawba River and ultimately flows to the Atlantic Ocean through the Winyah Bay in South Carolina.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Amanda Jones, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Amanda Jones
Issue Date: July 9, 2008 Expiration Date: Five years from Issue Date
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey'located at our website at
butpl/regulatga.usacesurygy.co m/ to complete the survey online.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
.J -- `lam-K
PREVIOUS AGENCY CORRESPONDENCE
• FEBRUARY 2, 2004 NCNHP LETTER
0 FEBRUARY 19, 2004 SHPO LETTER
WDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
February 2, 2004
Mr. Gregory C. Antemann
Carolina Wetland Services
50.00 Nations Crossing, Suite 230
Charlotte, NC 28217
Subject: Cyrus/Douglas Branch Channel Improvement Project; Charlotte, Mecklenburg County;
CWS Project No. 2003-0480
Dear Mr. Antemann:
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within a mile of the. project area. Although our maps do not
show records of such natural heritage elements in the project area, it does not necessarily mean
that they are not present. It may simply mean that the area has not been surveyed. The use of
Natural Heritage Program data should not be substituted for actual field surveys, particularly if
the project area contains suitable habitat for rare species, significant natural communities, or
priority natural areas.
You may wish to check the Natural Heritage Program database website at
<iuww.ncsparks.net/nhp/search.htm > for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to
contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
FIEL/hel
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.St2te.nc.us/ENR/
An Equal Opportunity ; Affirmative Action Employer - 50 % Recycled 1 10 % Post Consumer Paper
NorthCarolina
d,.a SG1rF
North Carolina Department of Cultural Resources
State Historic Preservation Office
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
Office of Archives and History
February 19, 2004
Gregory C. Antemann, P.W.S.
Principal Biologist
Carolina Wetland Services, Inc.
5000 Nations Crossing, Suite 230
Charlotte, NC 28217
Re: Cyrus/Douglas Branch Channel Improvement Project, Charlotte,
Mecklenburg County, ER04-0250
Dear Mr: Antemann:
Thank you for your letter of January 26, 2004, concerning the above project.
Division of Historical Resources
David L. S. Brook, Director
We have conducted a review of the proposed undertaking and are aware of no historic
resources which would be affected by the project. Therefore, we have no comment on the
undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation
Act and the Advisory Council on Historic Preservation's Regulations for Compliance with
Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763_ In all future communication concerning this project, please cite-the above-
referenced tracking number.
Sincerely,
avid Brook
www.hpo.dcr.state.nc.us
Location Mailing Address Telephone/Fax
ADNIINISTRATION 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 276994617 (919) 7334763 ,733-8653
RESTORATION 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 276994617 [phone] +715-4801
SURVEY & PLANNING 515 N. Blount St, Raleigh, NC. 4617 Mail Service Center. Raleigh, NC 27699-4617 (919) 7334763 07154801