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HomeMy WebLinkAbout19930989 Ver 1_COMPLETE FILE_19931122 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 8, 1993 Regulatory Branch Action ID No. 199400766 and Nationwide Permit No. 12 (Utility Line Backfill and Bedding) (? Mr. Tom Vandeventer ?c, lJ Charlotte-Mecklenburg Utility Department 5100 Brookshire Boulevard Charlotte, North Carolina 28216 Dear Mr. Vandeventer: yf_ Thank you for your application of October 29, 1993 for Department of the Army (DA) authorization to construct a 8-inch diameter sewer line across waters and adjacent wetlands of Long Creek and its tributaries within the City of Charlotte's Annexation No. 1 north of Charlotte, Mecklenburg County, North Carolina. This work would impact approximately .4 acres of open channel and forested wetland area. 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 (919) 733-1786, 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. -2- Questions or comments may be addressed to Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 271-4857. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copy Furnished (without enclosure): Xr- 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 R S Hazen and Sawyer, P. C. AzEN AND AWYER 2 Parkway Plaza, Suite 170 Environmental Engineers & Scientists 4828 Parkway Plaza Blvd. Charlotte, NC 28217 704 357-3150 Fax: 704 357-3152 November 18, 1993 N.C. Department of Environment, Health and Natural Resources NQV 2 2 IN Division of Environmental Management ' s P.O. Box 29535 WETLANDS GROG ALITY Raleigh, NC .27626-0535 = ABATER QuECrIO; Attn: Mr. John Dorney Water Quality Planning Re: Charlotte-Mecklenburg Utility Department 1993 Annexation Areas (1, 2 and 4) Water and Sewer Extensions 404/401 Joint Permit Application H&S No. 6160 (04) Dear Mr. Dorney: Enclosed please find seven (7) copies of the Joint Form for the 404/401 permits for the above referenced project. I have forwarded a copy to the Corps of Engineers Wilmington District Engineer and to our local Corps of Engineers office. Please do not hesitate to call if you have any questions. Sincerely, HAZEN AND SAWYER, P.C. Laurene C. Rhyne, P.E. Principal Engineer LCR/kf Enclosure cc: Mr. Tom Vandeventer, CMUD file: Icr\6160Dor New York, NY • Armonk, NY • Upper Saddle River, NJ • Raleigh, NC • Charlotte, NC • Richmond, VA • Hollywood, FL • Boca Raton, FL • Fort Pierce, FL • Jupiter, FL Miami, FL • Bogota, D.E. Colombia ? DEyI ID: 91 9P 9 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit): 12 JOINT FORM FOR 4-0461 ISSU Nationwide permits that require notification to the Corps of EnReers Nationwide permits that require application for Section 401 certification WILM NGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN. CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGE.?v1EN'T NC DEPARTMENT OF ENVIROT3TN °AND NATURAL RESOURCES P.O. Box 29535 Q ATTN Rale, NC Z7626-0535 Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EN' PLEASE PRINT. 1. Owners Name: Charlotte-Mecklenburg Utility Department (Attn: Tom Vandeventer) 2. Owners Address: 5100 Brookshire Boulevard, Charlotte, NC, 28216 3. Owners Phone Number (Home): N/A (Work): (704) 399-2551 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Hazen and Sawyer, P.C. (Attn: Laurene C. Rhyne, P.E.) 4828 Parkway Plaza Boulevard, Suite 170 Charlotte, NC 28217 5. Location of work (MUST ATTACH MAP). County: Mecklenburg Nearest Town or City: Charlotte Specific Location (Include road numbers, landmarks, etc.): along an unnamed creek of the headwaters of Long Creek in 1993 Annexation Area 1; in an area between Northwoods commercial park & W. T. Harris Blvd and in an area approximately 1,100' downstream from the intersection of the unnamed creek and Victoria Avenue. 6. Name of Closest Stream'River. Long Creek 7. River Basin: Catawba 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS 1, or WS II? YES [ ] NO [X] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [x1 If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 0.22 acres permanent and 0.15 acres temporary right-of-ways 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 0.37 - to original grade Drained: 0 Flooded: 0 Excavated. 0.37 - temporary Total Impacted: 0.37 - temporary - RMUNDSOM i FIGURE 2 NOTE THERE IS NO STANDING WATER ON THE SITE EVIS ING GRADE SIG OR BR, DIMENSONS D A 811 811 10" 8" 12" 1211 TYPE II EMBEDMENT TYPICAL EXCAVATION CROSS SECTION CHARLOTTE MECKLENBURG UTILITY DEPARTMENT CHARLOTTE, NORTH CAROLINA- 1993 ANNEXATION AREAS AREA 1 OCTOBER 1993 i'IV V / J I VI`IL A .?. Q _ A I rlAZlf; API) CAWI K Iawn....m eawm"" , JaMnIMa 5' CONST ESM T 3 ° 10' N 7? 10' 36 ° E i 103.06 S, 5' CONST ESMT s 24' SWEET--- A PROPOSED M.H. TYPICAL CREEK CROSSING CHARLOTTE MECKLENBURG UTILITY DEPARTMENT CHARLOTTE, NORTH CAROLINA 1993 ANNEXATION AREAS FIGURE 3 AREA 1 - OCTOBER 1993 -ZD SgM ??I.?;YG G.?i• ?.?^..: -_,CE CF =A NK z. S" #4v tt STO RIP RAP .1D. OE T . #Z9 .c- NOTES: L SLOPE AFPRCAC-ES TO CRCSSiNG Z OR Fib ii 2 SP?r r 'NAY L=NGT' . = G.;,NK TO -SANK W107ri OF STREAM OR AS SFCWN Ci`t Pj ANS. S. FIFE TG EXTcNO C--?,.='__ ; "C=CSS rc-"AANE'!T RIGHT GF WAY A;tC i fi_ H (ONG L'NITS OF RIP RAP. 4. CROSSRNG TO BE :•ACVE] UPCN CO Y1FL= iQN OF CONS'RUC. TICN. RIP RAP STONE 70 _= UcEJ TO RiP R: ?P BANKS. TEMPORARY CREEK CROSSING STANDARD DETAIL FIGURE 4 FLI writ CRUD STANDARD RIF RAP RCCX. F=PE S= TO CARRY NORMAL Ft OW WF-=4 FLOWING HALF FQl USE DU i = IRC141 C:.1P OR RC7 ONLY. C'i IARLOTTE-ytECKLF-NBLfRG C.'T I L 1TY DEPART. EDIT vGIti ?=3I?G DIVISIOIi ------ CAROLI',4A STANDARD DE T AIL •- " ? EROCION CONTROL "`-- TEMPORARY . STREAM ro ee CHARLOTTE MECKLENEURG UTILITY DEPARTMENT CHARLOTTE, NORTH CAROLINA 1993 ANNEXATION AREAS AREA 1 OCTOBER 1993 N n m co 0 0 0 i O w m M to to w 2 X r O 0M n D O D n Z zmz XZp a0? m 9' ? 0 ;a g G) 1 Z=c D P' m D0? K N r p Z D X E m z m O N m mm m? vZ S2 D I r T a C Z Zm U) co D -gx .n D r? J Z N F OD, C * Ln A O O A r D M _0 to $a oc <o$ Ln =w r.. I ? $ o tno M-V 1o ?g x co 4 -i 2 Cl 1 I wm-tn-ir na W. N I Z } fT rn O a co C - r is V I ym mp 00 rrn ?m v? a CA C S Z ?;u !O x N I C ?o ?D ;r w i s' M C m ul REQUIRED CORRESPONDENCE ffiZEN AND SAM Environmental Engineers & Scientists State Historic Preservation Office N.C. Division of Archives and History 109 East Jones Street Raleigh, NC 27601 August 23, 1993 Hazen and Sawyer, PC. 2 Parkway Plan, Suite 170 4828 Parkway Plain Blvd. Charloft NC 28217 704357-3150 Fax 704 357-3152 Re: Charlotte-Mecklenburg Utility Department 1993 Annexation Area Water and Sewer Lines Areas 1, 2, 3, 4 & .5 Mecklenburg County H&S No. 6160 (27) Gentlemen: We are in the process of making 401/404 application for Nationwide Permit No. 12 for the above referenced project. Enclosed are maps showing the location of the water and sewer lines in each area. Please review your records for any areas of concern you may have. We have researched local records and have found no areas of historic significance which will be directly effected by the project, although the Utley Home and the Cochran House are located within Area 2. Do not hesitate to call if you have any questions or require additional information. No Re6pg sc %? C--C.t E L) 6D 4-s ol= tohe/q LC R/kf Enclosures file: letters\6160his.1-5 Sincerely, HAZEN AND SAWYER, P.C. Y e . Laurene C. Rhyne, P.E. Principal Engineer New York, NY - Armonk, NY - Upper Saddle River. NJ - Raleigh. NC - Charlotte, NC - Richmond. 4A • Hollywood, FL - Boca Raton, FL - Fort Pierce, FL - Jupiter, R. - Miami, FL - Bogota, OZ Colombla D SA ER RAZEN Hazen and Sawyer. P. 1 1 17,1 ? 2 Parkway Plain, Suite 170 Environmental Engineers & Scientists 4828 Parkway Plam Blvd. Charlotte. NC 28217 704357-3150 . F.= 704357-3152 August 26, 1993 U.S.Fish and Wildlife Service Asheville Field Office 330 Ridgefield Court Asheville, NC 28806 Re: Charlotte Mecklenburg Utility Department 1993 Annexation Area Water and Sewer Lines Areas 1, 2, 3, 4 & 5 Mecklenburg County H&S No. 6160 (27) Gentlemen: We are in the process of compiling a 401/404 Application for a Nationwide Permit No. 12 for the above referenced project. A location map of each area showing the line locations is enclosed. We have also contacted the North Carolina Natural Heritage Program for records of concern in the area. These areas are part of the same annexation project which you addressed in your letter of July 9, 1993. If you have any additional concerns, please advise. These are the final phases of the 1993 annexation project. Do not hesitate to call if you need any additional information. Sincerely, HAZEN AND SAWYER, P.C. Laurene C. Rhyne, P.E7 Principal Engineer LCR/kf Enclosures file: letters/6160fish.1-5 New York. NY - Armonk, NY • Upper Saddle River, NJ • Raleigh, NC - Charlotte, NC - Richmond. VA - Hollywood, FL • Borg Raton, FL - Fart Place. FL - Jupft FL • M'umi, FL - Bogota. O.E Colombia i? ?i United States Department of the Interior TAoI? FISH AND WILDLIFE SERVICE Asheville Field Office 330 Ridgefield Court Asheville, North Carolina 28806 September 17, 1993 f! ?F V w ? Ms. Laurene C. Rhyne, P.E. Hazen and Sawyer, P.C. 2 Parkway Plaza, Suite 170 4828 Parkway Plaza Boulevard Charlotte, North Carolina 28217 Dear Ms. Rhyne: d,??'?? i tt r Subject: Proposed construction of water and sewer lines within the 1993 annexation area, Charlotte-Mecklenburg Utility Department, Mecklenburg County, North Carolina In your letter of August 26, 1993, you requested our review of the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). As noted in your letter of July 9, 1993, the U.S. Fish and Wildlife Service (Service) provided a list of federally endangered and threatened species, and candidate species that are known to occur in Mecklenburg County and may occur within the project impact area. The North Carolina Natural Heritage Program provided a more expansive list that included State-listed species and other species of concern. No changes have been made to the Federal list for Mecklenburg County. The Service is particularly concerned about the potential impacts this project could have on Schweinitz's sunflower (Heiianthus schweinitzii), a federally endangered plant species. Helianthus schweinitzii is endemic to the upper piedmont of the Carolinas, with all 22 known occurrences centered around Charlotte, North Carolina, and Rock Hill, South Carolina. This species occurs in relatively open habitats--early successional fields, forest ecotonal margins, or forest clearings. It thrives in full sun but also grows in the light shade of open stands of oak-pine-hickory. Helianthus schweinitzii generally occurs on soils characterized as moist to dryish clays, clay-loams, or sandy-clay loams that often have a high gravel content. The draft recovery plan for this species points out the importance of soils--"The geology and soils of this area appear to be an important determining factor in the occurrence of Schweinitz's sunflower." Helianthus schweinitzii is known from a variety of soil types, including Iredell (Fine, Montmorillonitic, Thermic Typic Hapludaff), Enon (Fine, Mixed, Thermic U1tic Hapludalf), and Cecil (Clayey, Kaolinitic, Thermic Typic Hapludult). In accordance with the Act, it is the responsibility of the appropriate Federal regulatory agency to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitat. If it is determined that these proposed activities may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Thus, the Service recommends that, if appropriate habitat is present, surveys be conducted to determine the presence of Helianthus schweinitzii in the project impact area (this species blooms in late summer, from September through October). There are also several plant species known to occur in Mecklenburg County that are Federal candidates for listing--Georgia aster (Aster Qeorcrianus), neller-s trefoil (Lotus helleri), N2stronia (ivestronia umbellula), and tall. larkspur (Delphinium exaltatum). The first three species are found in similar habitats. Aster QeorQianus is a perennial that occurs in dry open woods along roadsides, woodland borders, old fields, and pastures; Lotus helleri is an annual that occurs in dry open woods, roadsides, and clearings, over clay soils; Nestronia umbellula is a root parasite frequently associated with pine trees and occurs in upland forests and along wooded streams from the sandy margins onto the adjacent slopes; and Delphinium exaltatum occurs on grassy balds, glades, and rich woodlands, mostly over mafic rock. Please note that candidate species are not legally protected under the Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them. If you do conduct surveys for Helianthus schweinitzii, we request that the above-mentioned candidate species also be included. Please do not hesitate to contact Ms. Janice Nicholls of our staff at 704/665-1195, Ext. 227, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-93-096. Si erely, Brian P. Cole Field Supervisor cc: Mr. Bob Johnson, U.S. Army Corps of Engineers, Regulatory Field Office, Room 75, Grove Arcade Building, 37 Battery Park Avenue, Asheville, NC 28801 Ms. Linda Pearsall, Director, North Carolina Natural Heritage Program, P.O. Box 27687, Raleigh, NC 27611