19930971 Ver 1_COMPLETE FILE_19931117

r -s
DEPARTMENT OF THE ARMY p
WILMINGTON DISTRICT, CORPS OF ENGIN 515
RO. BOX 1890 D
WILMINGTON, NORTH CAROLINA 28402-1890 n ?,C?`
IN REPLY REFER TO December 8, 1993
Regulatory Branch
Action ID No. 199400767 and Nationwide Permit No. 12 (Utility Line Backfill
and Bedding)
Mr. Kevin Blayton
Charlotte-Mecklenburg Utility Department
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
Dear Mr. Blayton:
Thank you for your application of December 12, 1993 for Department of the
Army (DA) authorization to construct a 24-inch water main across waters and
adjacent wetlands of McAlpine Creek immediately upstream of the US Highway 521
bridge south of Pineville, Mecklenburg County, North Carolina. The proposed
water line would impact approximately .38 acres of waters and wetlands.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 404 of the Clean Water Act, was provided for the discharge
of material for backfill or bedding for utility lines, including outfall and
intake structures, provided there is no change in pre-construction contours.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone], regarding water quality certification. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or 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 12 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.
AM
-2-
Questions or comments may be addressed to Steven Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
,O r . 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
State of North Carolina
Department of Environment,
Health and Natural Resources. •
Division of Environmental Management
James B. Hunt, Governor
Jonathan B. Howes, , Secretary
ED E H N i?
A. Preston Howard, Jr., P.E., Director
November 24, 1993
Mr. Kevin Blayton, Project Manager
Charlotte Mecklenburg Utility Dept.
5100 Brookshire Boulevard
Charlotte, N.C. 28216
Dear Mr. Blayton:
Subject: Proposed fill in Wetlands or Waters
Ballantyne project sewer line
Mecklenburg County
DEM Project # 93971
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.38 acres of wetlands or waters which are
tributary to McAlpine Creek for utility located at U.S. 521 in
Mecklenburg County as described in your submittal dated 27 October
1993, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2664. A copy of the General
Certification is attached. This Certification may be used in
qualifying for coverage under Corps of Engineers' Nationwide Permit
No. 12. An additional condition is that an anti-seep collar be placed
near station 19+50.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John.Dorney at 919-733-
Sincerely,
reston How , Jr. P.E.
93971.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Len Ridner; Land Design
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 01k post-consumer paper
Lanb Desilyl ®? U U
Engineering Services, Inc.
October 27, 1993
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N. C. Department of Environment,
Health and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
RE: 24" Water Main Along Existing US 521
to Serve Ballantyne - NWP #12
Dear John:
h-
On behalf of the Charlotte Mecklenburg Utility Department, please find our submittal
of the application for a Nationwide Permit to cross McAlpine Creek at US 521.
Included in the submittal are our specifications to restore wetland impacts within the
proposed corridor as well as other relevant information.
If you should require additional information, please contact me.
Sincerely,
C?? / ??4
Leonard S. Rindner
Registered Landscape Architect #578
Enclosure(s)
LSR/fj
cc: Steve Lund
Dale Stewart
Kevin Blayton
Ray Waugh
1700 East Boulevard
Charlotte, NC 28203
704.376.7777
Lanb DesLTI
Engineering Services, Inc.
October 26, 1993
Mr. Steve Lund
The Department of the Army
Corps of Engineers
37 Battery Park Avenue, Road 75
Asheville, North Carolina 28801
RE: 24" Water Main Along Existing US 521
to Serve Ballantyne - NWP #12
Dear Steve:
Nuv 519 ?:?
WETLANDS GROUP
WATER QUALITY SECTION w
On behalf of the Charlotte-Mecklenburg Utility Department, please find our submittal
of the application for a Nationwide Permit to cross McAlpine Creek at US 521.
Included in this package are our specifications to restore wetland impacts within the
proposed corridor as well as the other relevant information.
Thank you very much for your assistance. If you require additional information,
please contact me.
Sincerely,
Leonard S. Rindner
Registered Landscape Architect #578
Enclosure(s)
LSR/fj
cc: ?John Dorney
Dale Stewart
Kevin Blayton
Ray Waugh
401 "
1700 East Boulevard
Charlotte NC 28203
704.376.7777
1®d
DEM ID: ACTION ID. /011
Nationwide Permit Requested (Provide Nationwide Permit #): 12
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTIvIENT OF
AND NATURAL RESOUR.
P.O. Box 29535 va-
ATTN: MR. JOHN DORNEY
Telephone [phone] (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT T?
ONE Raleigh, NC 27626-0535
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIl?,
PLEASE PRINT.
?I
NDV 1 5 ?
MANAGEMENT.
L .Owners Name: _'Charlotte-Mecklenburg Utility Department
2. Owners Address: 5100 Brookshire Boulevard, Charlotte, NC 28216
3. Owners Phone Number (Home):
(Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Mr. Kevin Blayton - Project Manager.C.M.U.D.
(same as above)
5. Location of work (MUST ATTACH MAP). County: Mecklenburg
Nearest Town or City: Pineville, Charlotte
Specific Location (Include road numbers, landmarks, etc.): North-bound side of U. S. 521 west of
Pi._npvi11P. NC. It is just south of the entrance to'the McAlpine Wastewater
Treatment Plant
6. Name of Closest Stream/River: MrAI ni ne creek
7. River Basin: Suaar Creek / Catawba
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [)]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain. z :.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on projectsite:.
+ .308 Ac. Wetland, + .073 Acres Waters = Total + .38 Acres in maximum=40'•-wide corridor
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained: Temp ora ry
Flooded:
Excavated: _Temporary
Total Impacted: TQmporarv impact of .38 acres in 40' max. corridor
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Application For Coverage Under Nationwide Permit 12
PROPOSED 24" WATER MAIN
Along US 521 to Serve
BALLANTYNE
Prepared for:
Charlotte-Mecklenburg Utility Department
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
Contact: Kevin Blayton, P.E.
[phone]
October, 1993
L,?? ?)es?gn
ENGINEERING SERVICES INC.
1700 EAST BOULEVARD CHARLOTTE, NC 28203
Response to Item - 12 & 13
The Charlotte-Mecklenburg Utility Department proposes to build a 24" Water Main
along the northbound side of US 521 to serve the future Planned Unit Development
known as "Ballantyne". This proposed water main will be approximately X9600 LF
and begin at the terminus of the existing 24" water main which is near the entrance
to the C.M.U.D. McAlpine Wastewater Treatment Plant on the northbound side of
the highway.
Response to Item - 14
In order for the 24" Water Main to be extended south from the terminus, it will be
necessary to cross McAlpine Creek and adjacent wetland areas within the proposed
right-of-way and corridor. Also, according to the Charlotte-Mecklenburg 2005 Master
Plan, US 521 is planned to be widened in the near future and the line is located to
avoid future potential. conflicts.
To minimize impacts the project is planned to be constructed as close as feasible to
US 521 at the base of the _8' - 10' embankment and bridge over McAlpine Creek.
It will be adjacent, on the road side, to a previously cleared 25' Piedmont Natural Gas
Right-of-Way. A major Duke Power Transmission Line Right-of-Way is adjacent to the
gas line right-of-way.
Construction specifications will comply with and incorporate permit conditions and
requirements as specified in the February 25 1993 Public Notice - Status of
Nationwide Permits in North Carolina : Nationwide Permit #12.
Restoration
The top 6" - 12" of the trench in wetlands shall be backfilled with topsoil (surface
layer + 6" - 8") from the trench construction and re-vegetated per specifications
(attached). No fescue shall be used in wetland areas.
Sept. 2 - Nov. 1 Cool Season Mix
Reed Canary Grass 12 bulk #/acre or
6 oz./1000 s.f.
Smartweed 2 bulk #/acre or
1 oz./1000 s.f
Nov. 1 - March 31 Temporary Crop of Wheat 40 lbs/acre
(To be followed by permanent mixture)
11. Contractor shall be required to provide a permanent mixture according to the schedule.
12. Temporary crops must be incorporated prior to seeding of permanent mixtures
13. Cover crops or temporary crops must be mowed at proper time to prevent seed heads from
maturing. Wheat may be harvested.
14. Grass mix and temporary covers shall be mulched with straw applied at the rate of 75 lbs to 100
lbs/1000 S.F. Use clean Wheat Straw.
15. If hydroseeded use Virgin Paper Mulch only.
Note:
Seed and additional information for the wetland mix as well as for other grass areas may be
purchased from, but not limited to:
Sharp Brothers Seed Company
Route 4, Box 237 A
Clinton, Missouri 64735
Phone [phone]
Contact: Jef Hodges
-10-
NATIONWIDE PERMIT ,# 11: TEMPORARY RECREATIONAL STRUCTURES. AUTHORIZES
TEMPORARY BUOYS, MARKERS, SMALL FLOATING DOCKS, AND SIMILAR STRUCTURES PLACED
FOR RECREATIONAL USE DURING SPECIFIC EVENTS SUCH AS WATER SKIING COMPETITIONS
AND BOAT RACES OR SEASONAL USE PROVIDED THAT SUCH STRUCTURES ARE REMOVED
WITHIN 30 DAYS AFTER USE HAS BEEN DISCONTINUED. SECTION 10 ONLY.
STATUS IN NORTH CAROLINA: ISSUED.
NATIONWIDE CONDITIONS:- STANDARD GENERAL CONDITIONS AND THE FOLLOWING SPECIFIC
CONDITION:
1. AT CORPS OF ENGINEERS RESERVOIRS, THE RESERVOIR MANAGER MUST APPROVE
EACH BUOY OR MARKER INDIVIDUALLY.
REGIONAL CONDITIONS: NONE.
401 CERTIFICATION DETERMINATION: NOT REQUIRED.
CONSISTENCY DETERMINATION: CONSISTENT IN COASTAL AREA SUBJECT TO THE
FOLLOWING CONDITION:
1. SHOULD ALL OR PART OF THE DEVELOPMENT ACTIVITY BE LOCATED WITHIN AN
AREA OF ENVIRONMENTAL CONCERN (AEC) AS DESIGNATED BY THE NORTH CAROLINA
COASTAL.RESOURCES COMMISSION, A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT
IS REQUIRED FROM THE NCDCM UNLESS THE APPLICANT IS A FEDERAL AGENCY. IF
THE APPLICANT IS A FEDERAL AGENCY AND ALL OR PART OF THE DEVELOPMENT
ACTIVITY IS LOCATED WITHIN AN AEC, A CONSISTENCY DETERMINATION PURSUANT TO
15 CPR 930 MUST BE PROVIDED TO THE NCDCM AT LEAST 90 DAYS BEFORE THE ONSET
OF THE PROPOSED ACTIVITY.
NATIONWIDE PERMIT ,# 12: UTILITY LINE BACKFILL AND BEDDING. AUTHORIZES
DISCHARGES OF MATERIAL FOR BACKFILL OR BEDDING FOR UTILITY LINES, INCLUDING
OUTFALL AND INTAKE STRUCTURES, PROVIDED THERE IS NO CHANGE IN PRECONSTRUCTION
CONTOURS. UTILITY LINE IS ANY PIPE OR PIPELINE FOR THE TRANSPORTATION OF ANY
GASEOUS, LIQUID, LIQUEFIABLE, OR SLURRY SUBSTANCE, FOR ANY PURPOSE, AND ANY
CABLE, LINE, OR WIRE FOR THE TRANSMISSION FOR ANY PURPOSE OF ELECTRICAL'
ENERGY, TELEPHONE AND TELEGRAPH MESSAGES, AND RADIO AND TELEVISION
COMMUNICATION. DOES NOT AUTHORIZE ACTIVITIES WHICH DRAIN A WATER OF THE U.S.,
SUCH AS DRAINAGE TILE. SECTION 404 ONLY.
STATUS IN NORTH CAROLINA: ISSUED.
INFORMATION:
1. ALL UTILITY LINES MUST BE COMPLETELY BURIED. THIS NATIONWIDE PERMIT
DOES NOT AUTHORIZE UTILITY LINES THAT ARE NOT COMPLETELY BURIED.
•? 2. THIS NATIONWIDE PERMIT DOES NOT AUTHORIZE USE OF FILL MATERIAL FOR
PERMANENT ACCESS CORRIDORS.
NATIONWIDE CONDITIONS: STANDARD GENERAL CONDITIONS AND THE FOLLOWING SPECIFIC
CONDITIONS:
1. MATERIAL RESULTING FROM TRENCH EXCAVATION AND MAY BE TEMPORARILY
SIDECAST -INTO WATERS OF THE U.S. PROVIDED THAT THE MATERIAL IS NOT PLACED
IN SUCH A MANNER THAT IT IS DISPERSED BY CURRENTS OR OTHER FORCES AND MUST
BE REMOVED WITHIN THREE MONTHS.
THE AREA OF WATERS OF THE U.S. THAT IS DISTURBED MUST BE LIMITED TO
THE MINIMUM NECESSARY TO CONSTRUCT THE UTILITY LINE.
?T INf_-_) TIE- 11.1
-11-
,-;;t?-3. IN WETLANDS, THE TOP 6" TO 12" OF THE TRENCH SHOULD GENERALLY BE
BACKFILLED WITH TOPSOIL FROM THE TRENCH.
-'4. EXCESS MATERIAL MUST BE REMOVED TO UPLAND AREAS IMMEDIATELY UPON
COMPLETION OF CONSTRUCTION.
5. ANY EXPOSED SLOPES AND STREAMBANKS MUST BE STABILIZED IMMEDIATELY UPON
COMPLETION OF THE UTILITY LINE.
REGIONAL CONDITIONS:
1. APPLICANTS MUST NOTIFY THE DISTRICT ENGINEER AND RECEIVE FROM THE
DISTRICT ENGINEER WRITTEN APPROVAL PRIOR TO STARTING WORK.
2. THE TEMPORARY PLACEMENT OF EXCAVATED OR FILL MATERIAL IN WATERS OR
WETLANDS WILL BE FOR THE ABSOLUTE MINIMUM PERIOD OF TIME NECESSARY TO
ACCOMPLISH THE WORK.
•_)?-3. STABILIZATION IS REQUIRED IMMEDIATELY ON COMPLETION OF EACH INDIVIDUAL
CROSSING.
4. WORK PLANS MUST BE PROVIDED AND MUST BE SIZED TO 8 1/2 BY 11 INCHES.
5. RESTORATION PLANS MUST BE SUBMITTED TO THE DISTRICT ENGINEER
DESIGNATING A TIME TABLE FOR RESTORATION.
401.CERTIFICATION DETERMINATION: GENERAL CERTIFICATION ISSUED, BUT
CONDITIONED AS FOLLOWS:
1. WRITTEN CONCURRENCE IS REQUIRED FROM NCDEM.
+ 2. THE CONSTRUCTION CORRIDOR IS-LIMITED TO 40 FEET IN WIDTH AND MUST BE
MINIMIZED-TO THE MAXIMUM EXTENT PRACTICABLE.
3. PERMANENTLY MAINTAINED ACCESS CORRIDORS SHALL BE RESTRICTED TO THE
MINIMUM WIDTH PRACTICABLE AND MAY NOT EXCEED 10 FEET IN WIDTH EXCEPT IN
LOCATIONS SPECIFIED ON MAPS FOR VEHICULAR ACCESS PURPOSES OR AT MANHOLE
LOCATIONS.
.? 4.• ESTABLISHED SEDIMENT AND EROSION CONTROL PRACTICES ARE UTILIZED TO
PREVENT VIOLATIONS OF THE APPROPRIATE TURBIDITY WATER QUALITY STANDARD (50
NTUS IN STREAMS AND RIVERS NOT DESIGNATED AS TROUT BY NCDEM; 25 NTUS IN
ALL SALTWATER CLASSES AND ALL LAKES AND RESERVOIRS; AND 10 NTUS IN TROUT
WATERS).
5. WORK PLANS MUST BE LEGIBLE AND SIZED TO 8 1/2 BY 11 INCHES.
6. MEASURES SHALL BE TAKEN TO PREVENT LIVE OR FRESH CONCRETE FROM COMING
INTO CONTACT WITH WATERS OF THE STATE UNTIL THE CONCRETE HAS HARDENED.
.+7. ADDITIONAL SITE-SPECIFIC CONDITIONS MAY BE ADDED TO PROPOSED PROJECTS
IN ORDER TO ENSURE COMPLIANCE WITH ALL APPLICABLE WATER QUALITY AND
EFFLUENT STANDARDS.
8. CONCURRENCE FROM NCDEM APPLIES TO AN INDIVIDUAL PROJECT AND SHALL
EXPIRE THREE YEARS FROM THE DATE OF THE COVER LETTER FROM NCDEM.
CONSISTENCY DETERMINATION: CONSISTENT IN COASTAL AREA SUBJECT TO THE
FOLLOWING CONDITIONS:
1. IF THE PROPOSED ACTIVITY IS WITHIN THE NORTH CAROLINA COASTAL AREA,
THE APPLICANT MUST RECEIVE WRITTEN CONCURRENCE FROM THE NCDCM THAT THE
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
2. SHOULD ALL OR PART OF THE DEVELOPMENT ACTIVITY BE LOCATED WITHIN AN
AREA OF ENVIRONMENTAL CONCERN (AEC) AS DESIGNATED BY THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION, A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT
4 w
DATA FORM 1
Applicant
Name: L M vlh
WETLAND DETERMINATION
Application
Number:
Project
ZH i ?l?T??- F?(a l
Name:
• V5 52-1
TD p utt'-I"f -'''
State: (? County_Hee-k- Legal Description: Township: Range:
Date: (cv IS?g3 Plot No.: ?ti pIc?f Section
i Jz -(c.-mod ;
Vegetation [list the three dominant species in each vegetation layer (5 if only
1 or 2 layers)]. Indicate species with observed morphological or known physio-
logical adaptations with an asterisk.
Indicator Indicator
Species Status Species Status
Trees
1. 1-tome,
2.
3.
Saplings/Shrubs
4 • Acu y1e5 `'rcj° ScL p l ?r, 5
5 . ?wxtr? pd^^rSY l va..?t?c.
6 . G,?, ? ix h 19 r?
Herbs
8. C?Lrt? 5P. O gt?
9 . (mo w t ,? to- 4h?t?
Woody Vines
10.
11. P?l???.-?drr?? Svlw-hvC
12. I??J t?v.? v P?a? 5
A of species that are UBL, FACW, and/or FAC: " - 'tiOther indicators:
Hydrophytic vegetation: Yes X No . Basis: > X5O fo?.c.,G?Cv/
Soil
Series and phase: HOroco-+\ On hydric soils list? Yes ; No X
Mottled : Yes)' ; No Mottle color: -7, `0? Matrix color: -M
7-
Gleyed : Yes Y No Other indicators : put r?i 2?Yj 1Tf Z c?•-IG5 }-? r C,,. c,,
Hydric soils: Yes?C No Basis: _Cst`!, Lvw ?i rw?--tom Poc ??-,?/ ?,:tt??G?art?1?
Hydrology
Inundated: Yes X;.No Depth of standing water: A-?' SytUrlcc.r
Saturated soils: Yes_C ; No . Depth to saturated soil: Za oz (.C-SS
Other indicators: t> I/' ? P,c;TEP--(. , P1rok r r-?IT`7
Wetland Hydrology: Yes ?; No Basis: -PO,; 1-r7v? INbIC.^TDFS
Atypical situation: Yes Nom. C190S,51> -( f Suc?-rEl? (?( PAt? ?(?M•
Normal Circumstances? 1>RCV16US
\-46SCJ,lO m?fvr-er 1.r-?ee<
Wetland Determination: Wetland Nonwetland
Comments:
-{lac- ??>?1 d??- - of s 'e- -?i sro?r.oct
Determined by - B2