19930991 Ver 1_COMPLETE FILE_19931122

M.
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. 199400786 and Nationwide Permit No. 12 (Utility Line Backfill
and Bedding) _--7,
__-
Mr. Tom Vandeventer
Charlotte-Mecklenburg Utility Department
5100 Brookshire Boulevard
Charlotte, North Carolina 28216
Dear Mr. Vandeventer:
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 the
Rocky Branch of Four Mile Creek within the City of Charlotte's Annexation Area
No. 4 south of Charlotte, Mecklenburg County, North Carolina. This work would
impact approximately .01 acres of open channel 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 [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.
State of North Carolina
Department of Environment,
Health and Natural Resources 4'.
Division of Environmental Management -N
James B. Hunt, Jr., Governor
Jonathan B..Howes, Secretary [DE"N F1
A. Preston Howard, Jr., P.E., Director
November 23, 1993
Charlotte Mecklenburg and Utility Dept.
Attn: Tom Vandeventer
5100 Brookshire Boulevard
Charlotte, N.C. 28216
Dear Mr. Vandeventer:
Subject: Proposed fill in Wetlands or Waters
Utility lines, 1993.Annexation area #4
Mecklenburg County
DEM Project # 93991
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.006 acres of wetlands or waters which are
tributary to Four Mile Creek for utility line installation located at
Charlotte Mecklenburg and Utility Department 1993 Annexation Area #4
in Mecklenburg County as described in your submittal dated 18 November
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.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written reau,eat..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,
rest Howa d, Jr. P.E.
93991.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Laurence Rhyne; Hazen and Sawyer
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper

-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):
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

pE„m 9,399/
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 12
JOINT FORM FOR SUED
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 MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Bor. 29535
Raleigh, NC 27626-0535
ATTN: MR. ;OHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
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): [phone]
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.): Unnamed tributary to Rocky Branch of Four Mile
Creek approximately 350' east of the end of Bellwood Lane in 1993 Annexation Area 4.
6. Name of Closest Stream/River.
Four Mile Creek
7. River Basin: McAlpine
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO 14
9. Have any Section 404 permits been previously requested for use on this property? YES [ } NO [xJ
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
one creek crossing, approximately 0.006 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.006 acres (to original grade)
Drained: 0
Flooded:
Excavated: 0.006 acres (temporary)
Total Impacted: 0.006 acres (temporary)
HAM ACID S--NM
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CHARLOTTE MECKLENBURG UTILITY DEPARTMENT
CHARLOTTE, NORTH CAROLINA
1993 ANNEXATION AREAS
AREA 4 SEWER LINES - SCALE: 1'%-2000'- AUGUST 1993

HA=,0D SOYM
(wMw..nn Lwww? a are??
FIGURE 3

c
t 1==?

6' ,#?• ? STO
RAF
I OET. #_9
NOTES:
L SLOPE AFFROAC:-=S TO CFOSS;NG 2- OR FLA., tc?:
Z. SFILLWAY L=NG = = S:.NK TO EANK W10 T ; i OF STREAM
OR AS SHOWN CN F!-ANS. FIFE TO EX T ENC C?`;P! .TELY AC=CSS P=="dANE:vT
RIGHT OF WAY •;:10 I f' SEY ONO UNUTS OF RIP RAF.
4. CROSSING TO BE ==ACV=-.:D UFCN CChiFL E70N OF CONS-MUC?ION.
RIP RAP STONE TO _c USES TO R:F RAP BANKS.
(I IARL0TTE-y1ECKLENBURG
C.TI LITY DEPART14ENT
NGIN =??ING DIVISION
C'r ?ZO i . NOFCi'.- CAROLINA
STANDARD DE T AIL
r•- EROSION CONTROL
TEMPORARY .
STREAM
TEMPORARY CREEK CROSSING
STANDARD DETAIL
woe
CHARLOTTE MECKLENBURG UTILITY DEPARTMENT
CHARLOTTE, NORTH CAROLINA
19.03 ANNEXATION AREAS
-FLL WITrI C &D
.STANDARD RIP RAF
RC CL
PIPE S= TO CARRY
NCRMAL FLOW W14EN
FLOWING HAL FULL
USE DUCT= IRCK
CG.lP OR RC ONLY.
AREA 4 OCTOBER 1993
U WAND SMNM
FIGURE 4
NOTE
THERE IS NO STANDING WATER
ON THE SITE SEASONAL WATER
TABLE IS TYPICALLY .5 TO 2
FEET IN WINTER AND SPRING
EXIS11NG GRADE
Sic
OR
BR.
DIMENSONS
D A
8" 8"
10" 8"
12" 12"
TYPE 11 EMBEDMENT
TYPICAL EXCAVATION CROSS SECTION
CHARLOTTE MECKLENBURG UTILITY DEPARTMENT
CHARLOTTE, NORTH CAROLINA
1993 ANNEXATION AREAS
AREA 4 OCTOBER 1993
u, A D I I. A
REQUIRED CORRESPONDENCE
HAZEN 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, P. C.
2 Parkway Plaz& Suite 170
4828 Parkway Plaza Blvd.
Charlotte, NC 28217
704357-3150
Fax [phone]
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 Regon-SE
gea&(i6D
A-S oi= whe/9
LC R/kf
Enclosures
file: Ietters16160his.1-5
Sincerely,
HAZEN AND SAWYER, P.C.
te /
Laurene C. Rhyne, P.E.
Principal Engineer
New York. NY - Armonk, NY - Upper Saddle River, NJ - Raleigh, NC - Charlotte, NC - Richmond, VA - Halryvrood, FL - Boa Raton, FL - fart Pierce, FL - Jupiter, FL - hfiami, FL - Bogota, ME Colombia
ffiZEN AND SAWYU
Environmental Engineers & Scientists
U.S.Fish and Wildlife Service
Asheville Field Office
330 Ridgefield Court
Asheville, NC 28806
Re: Charlotte Mecklenburg
1993 Annexation Area
Water and Sewer Lines
Areas 1, 2, 3, 4 & 5
Mecklenburg County
H&S No. 6160 (27)
Gentlemen:
August 26, 1993
Utility Department
Hazen and Sawyer, PC.
2 Pafttay Plan. Suite 170
4828 Parkway Plan Blvd.
Charlotte. NC 28217
704357-3150
Fax [phone]
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,
LC R/kf
Enclosures
file: letters/6160fish.1-5
HAZEN AND SAWYER, P.C.
Laurene C. Rhyne, P.E.
Principal Engineer
New York. NY • Armonk, NY • Upper Saddle River, NJ • Raleigh. PIC • Charlotte, NC - Richmond, VA • Hollywood. FL • Boa Raton, FL • Fort Pierce, FL • JuDdet, FL • Miami, FL - Bogota. D.E Colombia
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
330 Ridgefield Court
Asheville, North Carolina 28806
September 17, 1993
Ms. Laurene C. Rhyne, P.E.
Hazen and Sawyer, P.C.
2 Parkway Plaza, Suite 170
4828 Parkway Plaza Boulevard
Charlotte, North Carolina 2p217
¦
TAKE?? ¦?
PRIDE IN ??

51
0
`

Dear Ms. Rhyne:
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 (Helianthus 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
e
Hapluduff), Enon (Fine, Mixed, Thermic Ultic 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
Qeorg_ianus), Heller's trefoil (Lotus helleri), Nestron1 a (Nestronia
umbellula), and tall. larkspur (Delphinium exaltatum). The first three.
species are found in similar habitats. Aster georQianus 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