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Home My WebLink About20090943 Ver 1_401 Application_20090909. -1 11 L c8ocrha Vftdand CWS August, 2009 .50 E WESTINGHOUSE BLVD. /. I PA ID CHARLOTTE, NC 28273 866-527-1177 (office) 704-527-1133 (fax) (? (? n(?J 0 15 15 lJ tJ L - 5 p 9 0 9 4 3 S E P - 1 2009 Ms. Cyndi Karoly North Carolina Division of Waxer Quality DENR . WATER QUALITY 2321 Crabtree Boulevard, Suite 250 WETLANDS AND STORMWATER BRANCH Raleigh, NC 27604 Subject: Pre-Construction Notification Pursuant to Water Quality Certification No. 3699 McAlpine Creek Relief Sewer Charlotte, North Carolina Carolina Wetland Services Project No. 2009-2619ADD1 The McAlpine Creek Relief Sewer Project (MCRS) is located along McAlpine Creek from downstream of the Interstate 485 crossing to Lawyers Road in Charlotte, North Carolina (USGS Site Maps and Figure 1, enclosed). The purpose of this project is to install a 79,000 linear foot sewer line that will tie into an existing 78-inch sewer. The Project has been divided into four phases. Charlotte Mecklenburg Utilities Department (CMU) has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Certification of Authorization Form has been enclosed. Applicant Name: Charlotte-Mecklenburg Utilities Department Contact Name: Mr. Arnold Jarrell Mailing Address: 5100 Brookshire Boulevard, Charlotte, NC, 28216 Phone Number of Owner/Applicant: 704-391-5170 Street Address of Project: Along McAlpine Creek from downstream of the Interstate 485 crossing to Lawyers Road Waterway: UT's to McAlpine Creek and McAlpine Creek Basin: Catawba (HU# 03050103) City: Charlotte County: Mecklenburg Decimal Degree Coordinate Location of Project Site: N35.12807°, W80.78117° USGS Quadrangle Name: Weddington 1988, Charlotte East 1991, and Mint Hill 1996, NC Current Land Use The proposed MCRS will be located parallel to McAlpine Creek beginning at McAlpine Creek Wastewater Treatment Plant and continuing upstream for approximately 16 miles to approximately 300 feet north of the Lawyers Road crossing. The project corridor is located in the floodplain of McAlpine Creek. McAlpine Creek is located in the Catawba River basin (HU# 03050103) and is classified as "Class C" waters by the North Carolina Division of Water Quality (NCDWQ). The current land use for the project area consists primarily of forested floodplain, golf course, and greenway/parkland, with adjacent residential subdivisions, mowed lawns, and commercial development. From the downstream end of the project to Highway 51 the project corridor is located NORTH CAROLINA' SOUTH CAROLINA WWW.CWS-INC.NET McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Ouality Certification No. 3699 Application CWS Project No. 2009-2619ADD1 on floodplain with extensive emergent wetlands. The surrounding land use is largely commercial to the south and residential to the north of the creek. The Carmel Country Club is located between Highway 51 and Colony Road. From Sardis Road to US 74 the McAlpine Creek Park and Greenway borders the project corridor. Land use along the northern portion of the project corridor is primarily single-family residential subdivisions, with some commercial and forested areas. Dominant vegetation within the project area consists of backberry (Celtic laevigata), slippery elm (Ulnius rubra), box elder (Acer negundo), green ash (Froxinus pennsylvanica), sweetgum (Liquidambar styraciua), tulip poplar (Liriodendron tulipifera), Chinese privet (Ligustrum sinense), and poison ivy (Toxicodendron radicans). According to the Soil Survey of Mecklenburg Countyl, on-site soils consist of Cecil sandy clay loam (CeB2 and CeD2), Enon sandy loan (EnB and EnD), Iredell-Urban land complex (IuB), Mecklenburg fine sandy loam (MeB and MeD), Monacan loam (MO), Monacan soils and Arents (MS), Pacolet sandly loam, Wilkes loam (WkB, WkD, WkE, and WkF), and Wilkes-Urban land complex (WuD). Cecil, Enon, Iredell, Mecklenburg, Pacolet, and Wilkes soils are all well-drained. Monacan soils are somewhat poorly- drained and are listed by the NRCS as soils with hydric inclusions for Mecklenburg Count/,. Project History A Nationwide Permit Number 12 was issued for this site on July 16, 2007 (USACE Action ID: SAW-2007-1904-360). A copy of the permit authorization letter is attached. Authorization under this permit expired on July 16, 2009. CWS sent a letter to the U.S. Army Corps of Engineers (USACE) on June 11, 2009 requesting that the permit be re-issued. A field meeting was held with Mr. Steve Chapin of the USACE on July 14, 2009 to discuss the renewal of the permit. Mr. Chapin requested that CWS re-examine the project corridor with regard to jurisdictional wetlands areas. On July 17, 20, 21, and 27, 2009 Carolina Wetland Services, Inc. (CWS) scientist conducted a field review of potential wetlands within the project area of the McAlpine Creek Relief Sewer Project. As a result of this field review, CWS believes that the actual extent of on-site jurisdictional wetlands is considerably smaller than documented in the original permit application. CWS submitted a revised wetland impact table, along with supporting documentation, to the USACE on August 12, 2009. A Finding of No Significant Impact (FONSI) was received from the NC Department of Environment and Natural Resources (DENR) Division of Water Quality (DWQ) on March 10, 2006 stating that, " based on the findings of the EA and on the impact avoidance/mitigation measures contained therein, the Division of Water Quality has concluded that the proposed project will not result in significant impacts to the environment" A copy of the FONSI letter is attached. At the time of the original permit submittal the project design met all the conditions for automatic approval under Water Quality Certificate No. 3699. Therefore, no submittal was made to the North Carolina Division of Water Quality (NCDWQ) at that time. Since the original permit submittal it has become clear that it is not possible for the project to meet condition number 19 of WQC No. 3699. This condition states, "The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent possible. Due to the large size of the proposed sewer line (68" to 78" pipe) and the depth of the proposed sewer line (up to 17' deep), it will not be possible to limit the construction corridor to 40 feet for Phases I and II of the project. The construction corridor will be limited to 40 feet through wetlands and at stream crossings for Phases 'United States Department of Agriculture, 1971. Soil Survey of Mecklenburg County, North Carolina. 2 NRCS Hydric Soils of North Carolina, December 15, 1995. 2 McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Quality Certification No 3699 Application CWS Proiect No. 2009-2619ADD1 III and N of the project. CWS is submitting this application for approval of a WQC No. 3699 for this project. McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Ouality Certification No. 3699 Application CWS Project No. 2009-2619ADD1 Jurisdictional Delineation A Request for Jurisdictional Determination regarding on-site features was submitted to the USACE in 2005. Verification was received on April 5, 2006 (SAC 2005531576). At the July 14 field meeting Mr. Chapin requested that CWS re-examine the project corridor to confirm the presence of previously delineated jurisdictional wetlands areas. On July 17, 20, 21, and 27, 2009 Carolina Wetland Services, Inc. (CWS) scientist conducted a field review of potential wetlands within the project area of the McAlpine Creek Relief Sewer Project. As a result of this field review, the actual extent of on-site jurisdictional wetlands significantly reduced. Data supporting the revised wetland boundaries was submitted to the USACE on August 12, 2009. Wetland areas within this permit application reflect these changes. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on August 6, 2009 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of this submittal, a response from SHPO has not yet been received. The project is located in an urban area; the occurrence of any area of architectural, historic, or archaeological significance is unlikely. Cultural resources were addressed in the EA for this project and it was determined that the project would not have any significant impact on cultural resources. Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on August 6, 2009 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. As of the date of this submittal, a response from NCNHP has not yet been received. Protected, endangered, and threatened species were addressed in the EA for this project and it was determined that the project would not have any significant impact. Purpose and Need for the Project The purpose of this project is to install a 79,000 linear foot relief sewer line that will tie into an existing 78-inch sewer. The existing McAlpine Creek sewer system has the capacity to meet dry weather flow conditions, but is hydraulically overloaded during wet weather storm events. Charlotte Mecklenburg Utilities (CMU) completed an evaluation of the trunk sewer system to address the capacity issues in 1995 and proposed to construct the MCRS. The MCRS is listed in the City of Charlotte's Fiscal Year 2000 to Fiscal Year 2004 Capital Investment Plan as a necessary project, based on existing growth and projected increases in wet-weather flows in the McAlpine Creek basin. The proposed MCRS improvements are necessary to provide hydraulic capacity to handle peak wet weather flows associated with the existing sewer and to accommodate growth in the McAlpine Creek drainage basin. In 2004 the City of Charlotte approved an Administrative Order with the US EPA to construct a number of projects to minimize wet weather sewer system overflows. Phase I of the MCRS (15,000 If of 72-inch and 78-inch pipe) is among the projects covered by the Administrative Order. 4 McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Quality Certification No 3699 Application CWS Project No. 2009-2619ADD1 Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The McAlpine Creek Relief sewer system has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The following paragraph outlines the alternatives analysis and avoidance and minimization efforts undertaken during the planning and design phase of this project. The 1995 Sanitary Sewer Facility Plan discussed several alternatives to handle growth and peak flow events in the McAlpine Creek and McMullen Creek basins. Alternatives were then developed to evaluate these two basins together. These included: 1) Construction of relief sewers along the length of each existing basin, where the parallel sewers would meet projected growth and wet weather storm events in each basin; 2) Construction of approximately 15,000 linear feet of relief sewer in the upper reach of the McMullen Creek basin, pumping of excess flows into the McAlpine Creek basin, and upsizing pipes in the affected portions of the MCRS to handle the additional flows; 3) Construction of approximately 15,000 linear feet of relief sewer in the upper reach of McMullen Creek basin and a wet weather flow equalization facility (there would be no flow transfer into the McAlpine Creek basin and the pipes proposed for the MCRS would be sized as in Alternative 1 above); 4) System rehabilitation to eliminate extraneous wet weather flow sources, so that the existing trunk lines could handle projected flows (however, based on the flow reductions achieved in a number of pilot programs in the McMullen Creek basin even extensive rehabilitation of existing sewers cannot reasonably be expected to reduce wet weather flows sufficiently so that the existing trunk sewers could handle anticipated flows); and 5) the "No Action" alternative was not evaluated further, since the existing McMullen Creek and McAlpine Creek systems already experience wet weather capacity problems, and each basin is projected to experience increased flows as development continues. An analysis of alternatives concluded that Alternative 3, combined with continued rehabilitation of existing sewers, would provide the most appropriate solutions to meet future customer needs (growth) and wet weather flow events. The primary goal of design efforts was to develop an alignment for the MCRS that would avoid/minimize impacts to wetlands, watercourses, and other identified environmental constraints and minimize potential impacts to cultural resource sites to the maximum extent practicable, while still meeting the project purpose and need. McKim & Creed Engineers (MCE) initially developed two alternatives (one on either side of McAlpine Creek). The final sewer alignment developed by MCE and CMU was created from the best avoidance and minimization attributes of the two alternatives. The temporary construction corridor in wetland areas north of NC Highway 51 will be limited to a width of 40 feet. The proposed project will include installation of reinforced concrete pipe ranging in size from 72 inches down to 30 inches in some areas. Although this large diameter type pipe is planned to be installed through segments of wetland areas, the construction corridor will not exceed the 40-foot maximum corridor width specified for Section 401 Water Quality Certification. The permanent maintained portion of the right-of-way (R/W) corridor within wetland areas will be minimized and will not exceed 10 feet in width except at manhole locations throughout the entire length of the project. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Anti-seep collars will be installed at the downstream wetland boundary and every 150 feet up the gradient until the relief sewer exits the wetland. All channel work will be constructed in the dry in accordance with Water Quality Certification No. 3699. McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Quality Certification No 3699 Application CWS Proiect No 2009 2619ADD1 Proposed Impacts to Jurisdictional Waters Unavoidable impacts associated with the 16-mile McAlpine Creek relief sewer construction include the removal of existing wetland vegetation (herbaceous and forested) and jurisdictional stream crossings. Permanent impacts will be the result of a 10 feet permanent easement in which forested wetlands will be converted to maintained herbaceous wetlands. Limited sedimentation and erosion impacts to the creek and adjoining undisturbed wetland areas may result, due to the removal of wetlands and their ability to entrap and filter sediment. Potential sedimentation and erosion impacts will be minimal due to a state approved erosion and sedimentation control plan. Overall project effects are expected to be positive and should improve water quality and aquatic habitat due to reduced wet weather overflows of non-treated sanitary sewage into jurisdictional waters. The project also calls for the removal of 31 existing aerial pipe crossings which will eliminate potential sources of contamination from damaged and destroyed pipes during wet weather events. Proposed Wetland Impacts The currently proposed unavoidable impacts to on-site jurisdictional wetlands for each phase of the project, and for the total project are summarized in Tables 1 to 5 below. Total unavoidable project impacts to jurisdictional streams and wetlands are summarized in Table 7. Wetland Impacts have been attached as Figures 2 - 8. Construction of this project will result in unavoidable total permanent impacts to jurisdictional wetlands of 0.563 acre. Table 1. Phase I Impacts Impacted Wetland Impact (acres) Wetland Type Temporary Permanent 1A Forested 1.165 0.036 Herbaceous 4.489 0 1 B Forested 0.021 0 1 C Forested 0.095 0.009 Herbaceous 0.384 0 1 D Forested 0.077 0.013 Herbaceous 0.109 0 1 E Forested 0.351 0.056 Herbaceous 7.169 0 1 F Forested 0.331 0.037 Herbaceous 0.293 0 1G Forested 0.126 0.001 Herbaceous 0.534 0 1 H Forested 0.132 0.011 Herbaceous 0.148 0 11 Forested 0.283 0.012 Herbaceous 0.218 0 ii Forested 0.642 0.076 Herbaceous 0.442 0 1K Herbaceous 0.705 0 IL Forested 0.554 0.06 Herbaceous 0.333 0 Tota l lm acts 18.601 0.311 McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Quality Certification No. 3699 Application CWS Proiect No. 2009-2619ADD1 Table 2. Phase II Impacts Impacted Wetland Impact (acres) Wetland Type Temporary Permanent 2A Forested 0.052 0.006 Herbaceous 0.147 0 2B Forested 0.122 0.013 2C Forested 0.301 0.051 2D Forested 0.033 0 2E Forested 0.123 0.007 2F Forested 0.113 0.017 2G Forested 0.047 0.009 Total Impacts 0.938 0.103 Table 3. Phase III Impacts Impacted Wetland Impact (acres) Wetland Type Temporary Permanent 3A Herbaceous 0.011 0 3B Forested 0.042 0.012 3C Forested 0.036 0.002 Total Impacts 0.089 0.014 Table 4. Phase IV Impacts I t d W tl d Impact (acres) mpac e Wetland e an Type Temporary Permanent 4A Forested 0.18 0 4B Forested 0.053 0.023 4C Forested 0.044 0.006 4D Forested 0.068 0 4E Forested 0.187 0.067 4F Forested 0.021 0.029 4G Forested 0.031 0.01 4H Forested 0.015 0 Tota l Impacts 0.599 0.135 Table 5. Total Wetland Impacts Impact acres Total Wetland Impacts Temporary Permanent 20.227 0.563 Proposed Stream Channel Impacts All impacts to jurisdictional stream channels will be temporary. Temporary stream crossings will be stabilized using bioengineering and replanted with native hardwood trees and shrubs. Major (MAJ) stream crossing impact locations are numbered and labeled (Figures 2 - 8). Minor stream crossing impacts are listed, but not numbered or labeled. Major and minor stream impacts are summarized in Tables 6 below. 7 McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Ouality Certification No. 3699 Application CWS Proiect No. 2009-2619ADD1 Table 6. Stream Impacts Perennial Impacts 1 Im acts acres Stream Impact Stream Name or Intermittent Temporary Temporary Permanent MAJ-1 McAlpine Creek Perennial 40 0.06 0 MAJ-2 McAlpine Creek Perennial 40 0.06 0 MAJ-3 Fourmile Creek Perennial 40 0.06 0 MAJ-4 McAlpine Creek Perennial 40 0.06 0 MAJ-5 McAlpine Creek Perennial 40 0.06 0 MAJ-6 McAlpine Creek Perennial 40 0.06 0 MAJ-7 McAlpine Creek Perennial 40 0.06 0 MAJ-8 McAlpine Creek Perennial 40 0.06 0 MAJ-9 McAlpine Creek Perennial 40 0.06 0 MAJ-10 Irvins Creek Perennial 40 0.06 0 MAJ-11 McAlpine Creek Perennial 40 0.06 0 MAJ-12 McAlpine Creek Perennial 40 0.06 0 MAJ-13 McAlpine Creek Perennial 40 0.06 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent - 0.01 - 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 - UT to McAlpine Creek Intermittent -- 0.01 0 Total Stream Im acts 520 1.01 0 Table 7. Overall Project Impacts Im acts acres Total Project Impacts Temporary Permanent 21.237 0.563 McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Ouality Certification No. 3699 Application CWS Protect No 2009-2619ADD1 Compensatory Mitigation The majority of impacts associated with this project are temporary. Permanent impacts have been limited to a total 0.563 acre and are the result of clearing forested wetlands that fall within the 10 feet permanent easement. These areas will be converted to maintained herbaceous wetlands. There will be no permanent fill. Overall project effects are expected to be positive and should improve water quality and aquatic habitat due to reduced wet weather overflows of non-treated sanitary sewage into jurisdictional waters. The project also calls for the removal of 31 existing aerial pipe crossings which will eliminate potential sources of contamination from damaged and destroyed pipes during wet weather events. Restoration of Wetlands All impacted wetland areas will be returned to their original pre-construction grade and will be seeded with rye grain (Secale cereole) at a rate of 200 pounds per acre and allowed to re-vegetate naturally with native species. In addition, all cleared forested wetlands (with the exception of the 10 foot maintained easement) will be reforested with native bare-root trees. Trees will be planted in naturalistic drifts at an average spacing of 10-foot centers for an overall average density of 450 trees per acre. Bare-root trees used shall be a minimum of 1 year old with a height of 20-30 inches tall, with a root collar diameter (base of stem) of 1/4 - 3/8 inch and have 6 - 8 inch root systems. Areas to be reforested shall be hand cleared to remove construction debris and rocks (larger than 6 inches in any dimension). Reforestation shall take place during the period from November through January. Trees shall be planted in random mixtures of species which may include the following species: 1. silky dogwood (Cornus amomum) 2. red maple (Acer rubrum) 3. cherrybark oak (Quercus pagoda) 4. swamp chestnut oak (Quercus Michauxii) 5. water oak (Quercus nigra) 6. willow oak (Quercus phellos) 7. sycamore (Platanus occidentalis) 8. sugarberry (Celtis laevigata) All areas with a survival rate of less than 300 plants per acre after one full growing season shall be replanted. Restoration of Stream Crossings All areas disturbed by the work shall be re-graded to leave the area in a smooth condition, sloped for drainage. All impacted stream channels and banks shall be stabilized with rip rap below the high water mark and plantings above the high water mark. Stabilized stream banks shall include all bank areas disturbed by the work, a maximum of 20 feet upstream and 20 feet downstream of the sewer crossing. Banks shall be restored to their original contours. The stream banks shall be stabilized with geotextile fabric. Plantings shall consist of dormant native livestakes conforming to the Mecklenburg County SW M4 requirements, and shall take place in the winter during the period from November to March. The livestakes shall be planted so that buds point upward and approximately 2 to 3 inches of wood is above the ground. In addition, a single cross-vane will be installed in the stream directly above the pipe at each of the three McAlpine Creek crossings located in Phase 11 of the project (Maj-7, Maj-8, and Maj-9). The locations of these crossings are shown on Figures 3 and 4 (enclosed). McAlpine creek is deeply incised at this point and the purpose of the cross-vanes is to enhance the vertical stability of the McAlpine Creek Relief Sewer Permit Resubmittal August 28, 2009 Water Quality Certification No. 3699 Application CWS Project No. 2009-2619ADD1 stream channel and prevent further incision which might endanger the sewer line. In addition to providing grade control, the cross-vanes will also have the effect of improving in-stream habitat diversity in a low quality stream. The vanes will improve oxygenation of the water by providing turbulent flow, as well as creating fish habitat in the form of scour pools. The vanes have been designed to ensure fish passage is maintained. A design detail of the proposed cross-vanes is shown in Figure 9 (enclosed). Please do not hesitate to contact Gregg Antemann at 704-527-1177 or gregg@cws-inc.net should you have any questions or comments regarding these findings. Sincerely, Thomas J. Blackwell Gre . Antemann PWS Project Scientist Principal Scientist Enclosures: USGS Site Location Maps (USGS 7.5' Weddington, Charlotte East and Mint Hill, NC Topographic Quadrangles) NRCS Mecklenburg County Soil Survey Maps Figure 1. Project Overview Figures 2 - 8. Proposed Impacts Figure 9. Cross-Vane Detail Agent Certification of Authorization Pre-Construction Notification Pursuant to Water Quality Certification No. 3699 FONSI letter NWP 12 (USACE Action ID: SAW-2007-1904-360) Notification of Jurisdictional Determination cc: Mr. Alan Johnson, N.C. Division of Water Quality 10 McAlpine Relief Sewer Permit Resnbmittal Nationwide Permit No. 12 C`N Pro-ect No 2009-2619,ADD1 7.5 Minute Topographic Map Series, Weddington Quadrangle, North Carolina, Dated 1958. Approximate Scale 1" = 2000' Image Courtesy of the U.S. Geological Survey Image Courtesy of the U.S. Geological Survey 7.5 Minute Topographic Map Series, Weddington and Charlotte East Quadrangles, North Carolina, Dated 1988 and 1991 respectively. Approximate Scale 1" = 2000' McA.hphme Relief Sewer Permit Resubmittal N2tionyAde Permit No. 12 CW Project No 2009-2619ADDI McAlpine Relief Sewer Permit Rescbmittai Nationwide Permit No. 12 CWS Pro-ject No 2009-2619ADD1 Image Courtesy of the U.S. Geological Survey 7.5 Minute Topographic Map Series, Charlotte East and Mint hill Quadrangles, North Carolina, Dated 1991 and 1996 respectively. ' Approximate Scale 1" = 2000' McAlpine Relief Sewer Permit Resubmittal Nationwide Permit No. 12 CWS Protect No. 2009-2619ADDI Image Courtesy of the U.S. Geological Survey 7.5 Minute Topographic Map Series, Mint Hill Quadrangle, North Carolina, Dated 1996. Approximate Scale I" = 2000' McAlpine Relief Sewer Permit Resrbm itfital Ned mwide Perim it No. 12 CWS project No 2009-26119ADDI j ! 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Approximate Scale 1" = 2000' Soil Survey Courtesy of the USDA-1 CS McAlpine Relief Sewer Permit ResauburuuttA Nationwide Permit No. 12 CWS ra5ect No. 2809-2619ADDI Soff Survey Courtesy of the USDA- CS NRCS Soil Survey of Mecklenburg County, North Carolina, Sheet No. 7, Dated 1976. Approximate Scale 1" = 2000' 1' ik ' 1pinne ] 2Heff Sewer Permit Resubmhtd Hatio nwide I!cr nit No. 12 d' ' ��st I�1z, 2�®9 2b��blf➢1 lies All . r } 1 En - HeB -�'� ` �•. �r'Y. +� is g, reB?_ EnH o CC Ell Ce82 �• !`.`c Ji . AP GeU�� H'B . Ge['? 1 ` Cu8 EnH CUB �� J �' 1 (4• f G .IRS to WW J� , • Cr1a.(' J r Eng 1 i� r,12 V; CeD: k oVI,D ) C, PtL.C\ C.G2 .I1_ CeB 1. `,�✓I ` w\ V EnD CeU" \ COD re l �/ 4VV,E CeB.?_,\ ErO End ,1 E nD �� " / - _ !t End11 VA u 'kD 1jII 5 7 Jk8 EnC 1 r Qm \a _ ' ,/�'i c.nz Eno Ce0 ` U,• v��R En,/ �``� r \ N,I<E �nG Wk,E / C6`�` , `?. 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Q 6b .1 1111.1m ? ?ppGpGAA A RRpAARRAp ? ? « ?? fw by?° tl ? ?, R ?C b C r9 r7 8 ?1 tl R Ef AGENT CERTIFICATION OF AUTHORIZATION I, Arnold Jarrell, representing Charlotte-Mecklenburg Utilities Department, hereby certify that I have authorized Gregg C. Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. ApplicanV signature ' l z b- 7 Date' Agent's signature 8/18/09 Date Completion of this form will allow the agent to sign all future application correspondence. 0 9- 0 9 4 3 o?0F 'yWjATF?gQG 0 1;4? -C Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: F[A Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: Water Quality Certification No. 3699 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No Id. 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 1 e. 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: McAlpine Creek Relief Sewer 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name on Recorded Deed: N/A 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: N/A 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 14 PCN Form - Version 1.0 November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Charlotte Mecklenburg Utilities Department 4b. Name: Mr. Arnold Jarrell 4c. Business name (if applicable): Charlotte Mecklenburg Utilities Department 4d. Street address: 5100 Brookshire Boulevard 4e. City, state, zip: Charlotte, NC, 28216 4f. Telephone no.: 704-391-5170 4g. Fax no.: 4h. Email address: ajarrell@ci.charlotte.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Gregg Antemann, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704-527-1177 5f. Fax no.: 704-527-1133 5g. Email address: gregg@cws-inc.net Page 2 of 14 PCN Form - November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): 35.12807-N - 80.78117"W 1 c. Property size: linear project N/A acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: McAlpine Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba Page 3 of 14 PCN Form - Version 1.0 November 2008 Version B. Project Information and Prior Project History 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: The proposed MCRS will be located parallel to McAlpine Creek beginning at McAlpine Creek Wastewater Treatment Plant and continuing upstream for approximately 16 miles to north of Lawyers Road (within the vicinity of Charlotte, North Carolina). The project corridor is located in the floodplain of McAlpine Creek. McAlpine Creek is located in the Catawba River basin (HU# 03050103) and is classified as "Class C" waters by the North Carolina Division of Water Quality (NCDWQ). The current land use for the project area consists primarily of forested floodplain, golf course, and greenway/parkland, with adjacent residential subdivisions, mowed lawns, and commercial development. From the downstream end of the project to Highway 51 the project corridor is located on floodplain with extensive emergent wetlands. The surrounding landuse is largely commercial to the south and residential to the north of the creek. The Carmel Country Club is located between Highway 51 and Colony Road. From Sardis Road to US 74 the McAlpine Creek Park and Greenway borders the project corridor.- Land use along the northern portion of the project corridor is primarily single-family residential subdivisions, with some commercial and forested areas. Dominant vegetation within the project area consists of hackberry (Celtis laevigata), slippery elm (Ulmus rubra), box elder (Acer negundo), green ash (Fraxinus pennsylvanica), sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera), Chinese privet (Ligustrum sinense), and poison ivy (Toxicodendron radicans). According to the Soil Survey of Mecklenburg County, on-site soils consist of Cecil sandy clay loam (CeB2 and CeD2), Enon sandy loan (EnB and EnD), Iredell-Urban land complex (IuB), Mecklenburg fine sandy loam (MeB and MeD), Monacan loam (MO), Monacan soils and Arents (MS), Pacolet sandly loam, Wilkes loam (WkB, WkD, WkE, and WkF), and Wilkes-Urban land complex (WuD). Cecil, Enon, Iredell, Mecklenburg, Pacolet, and Wilkes soils are all well-drained. Monacan soils are somewhat poorly-drained and are listed by the NRCS as soils with hydric inclusions for Mecklenburg County 3b. List the total estimated acreage of all existing wetlands on the property: 20.7 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: approximately 2,160 linear feet 3d. Explain the purpose of the proposed project: The purpose of this project is to install a 79,000 linear foot sewer line that will tie into an existing 78-inch sewer. The Project has been divided into four phases. The existing McAlpine Creek sewer system has the capacity to meet dry weather flow conditions, but is hydraulically overloaded during wet weather storm events. Charlotte Mecklenburg Utilities (CMU) completed an evaluation of the trunk sewer system to address the capacity issues in 1995 and proposed to construct the MCRS. The MCRS is listed in the City of Charlotte's Fiscal Year 2000 to Fiscal Year 2004 Capital Investment Plan as a necessary project, based on existing growth and projected increases in wet-weather flows in the McAlpine Creek basin. The proposed MCRS improvements are necessary to provide hydraulic capacity to handle peak wet weather flows associated with the existing sewer and to accommodate growth in the McAlpine Creek drainage basin. In 2004 the City of Charlotte approved an Administrative Order with the US EPA to construct a number of projects to minimize wet weather sewer system overflows. Phase I of the MCRS (15,000 If of 72-inch and 78-inch pipe) is among the projects covered by the Administrative Order. 3e. Describe the overall project in detail, including the type of equipment to be used: Unavoidable impacts associated with the 16 mile McAlpine Creek relief sewer construction include the removal of existing wetland vegetation (herbaceous and forested) and jurisdictional stream crossings. Permanent impacts will be the result of a 10 feet permanent easement in which forested wetlands will be converted to maintained herbaceous wetlands. The proposed sewerline will utilise very large diameter pipes which will be buried at a considerable depth at the downstream end of the project. Typical construction and excavision equipment will be used to construct this project. Page 4 of 14 PCN Form - November 2008 Version Project Information and Prior Project History 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? 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: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Corps Determination April 5, 2006 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. A Nationwide Permit Number 12 was issued for this site on July 16, 2007 (USACE Action ID: SAW-2007-1904-360). A copy of the permit authorization letter is attached. Authorization under this permit expired on July 16, 2009. CWS send a letter to the U.S. Army Corps of Engineers (USACE) on June 11, 2009 requesting that the permit be re-issued. A field meeting was held with Mr. Steve Chapin of the USACE on July 14, 2009 to discuss the renewal of the permit. Mr. Chapin requested that CWS re-examine the project corridor with regard to jurisdictional wetlands areas. On July 17, 20, 21, and 27, 2009 Carolina Wetland Services, Inc. (CWS) scientist conducted a field review of potential wetlands within the project area of the McAlpine Creek Relief Sewer Project. As a result of this field review, CWS believes that the actual extent of on-site jurisdictional wetlands is considerably smaller than documented in the original permit application. CWS submitted a revised wetland impact table, along with supporting documentation, to the USACE on August 12, 2009. A Finding of No Significant Impact (FONSI) was received from the NC Department of Environment and Natural Resources (DENR) Division of Water Quality (DWQ) on March 10, 2006 stating that, " based on the findings of the EA and on the impact avoidance/mitigation measures contained therein, the Division of Water Quality has concluded that the proposed project will not result in significant impacts to the environment" A copy of the FONSI letter is attached. At the time of the original permit submittal the project design met all the conditions for automatic approval under Water Quality Certificate No. 3699. Therefore, no submittal was made to the North Carolina Department of Environment and Natural Resources (NCDENR) at that time. Since the original permit submittal it has become clear that it is not possible for the project to meet condition number 19 of WQC No. 3699. This condition states, "The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2 meters) in width in wetlands and across stream channels and must be minimized to the maximum extent possible. Due to the large size of the proposed sewer line (68" to 78" pipe) and the depth of the proposed sewer line (up to 17' deep), it will not be possible to limit the construction corridor to 40 feet for Phases I and II of the project. The construction corridor will be limited to 40 feet through wetlands and at stream crossings for Phases III and IV of the project. CWS is submitting this application for approval of a WQC No. 3699 for this project. 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. This project is divided into four phases. All four phases will be permitted as one single and complete project. There are no additional future phases planned for this project. Page 5 of 14 PCN Form - November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 Type of wetland Forested (Corps - 404, Area of impact (acres) Permanent (P) or impact (if known) DWQ - non-404, other) Temporary W1 ®P ? T Clearing and Forested ® Yes ? No ® Corps ?DWQ 0.563 Backfll W2 ? P ® T Clearing and forested/ ® Yes ? No ® Corps 20 227 backfill herbaceous ? DWQ . W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 20.79 2h. Comments: Please see attached cover letter for detailed breakdown of proposed impacts. 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. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number - impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) S1 ? P ®T utility Major Crossings ®PER ?INT 30 520 crossing S2 ? P ®T utility Minor Crossings ? PER ® INT 6 920 crossing S3 ? P ? T ? PER ? INT S4 ?P?T ?PER ?INT S5 ? P ? T ? PER ? INT S6 ? P ? T ? PER ? INT 3g. Total stream and tributary impacts 1,440 3h. Comments: All stream impacts are temporary. Please see attached cover leter for details. Page 6 of 14 PCN Form -Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 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 individual) list all o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) - Permanent (if (P) or applicable) Temporary 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: Page 7 of 14 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If and or lake construction pro osed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. 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 ou 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 (square Zone 2 impact Permanent (P) for impact Stream name mitigation feet) (square feet) or Temporary required? 131 ?P?T ?Yes ?No 132 ? P ? T ? Yes ? No 133 ?P?T ?Yes ?No 6h. Total buffer impacts 6i. Comments: Page 8 of 14 PCN Form - November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. The McAlpine Creek Relief sewer system has been designed to avoid impacts to jurisdictional waters wherever possible and minimize the extent of necessary impacts to jurisdictional waters. The following paragraph outlines the alternatives analysis and avoidance and minimization efforts undertaken during the planning and design phase of this project. The 1995 Sanitary Sewer Facility Plan discussed several alternatives to handle growth and peak flow events in the McAlpine Creek and McMullen Creek basins. Alternatives were then developed to evaluate these two basins together. These included: 1) Construction of relief sewers along the length of each existing basin, where the parallel sewers would meet projected growth and wet weather storm events in each basin; 2) Construction of approximately 15,000 linear feet of relief sewer in the upper reach of the McMullen Creek basin, pumping of excess flows into the McAlpine Creek basin, and upsizing pipes in the affected portions of the MCRS to handle the additional flows; 3) Construction of approximately 15,000 linear feet of relief sewer in the upper reach of McMullen Creek basin and a wet weather flow equalization facility (there would be no flow transfer into the McAlpine Creek basin and the pipes proposed for the MCRS would be sized as in Alternative 1 above); 4) System rehabilitation to eliminate extraneous wet weather flow sources, so that the existing trunk lines could handle projected flows (however. based on the flow reductions achieved in a number of pilot programs in the McMullen Creek basin even extensive rehabilitation of existing sewers cannot reasonably be expected to reduce wet weather flows sufficiently so that the existing trunk sewers could handle anticipated flows); and 5) the "No Action" alternative was not evaluated further, since the existing McMullen Creek and McAlpine Creek systems already experience wet weather capacity problems, and each basin is projected to experience increased flows as development continues. An analysis of alternatives concluded that Alternative 3, combined with continued rehabilitation of existing sewers, would provide the most appropriate solutions to meet future customer needs (growth) and wet weather flow events. The primary goal of design efforts was to develop an alignment for the MCRS that would avoid/minimize impacts to wetlands, watercourses, and other identified environmental constraints and minimize potential impacts to cultural resource sites to the maximum extent practicable, while still meeting the project purpose and need. McKim & Creed Engineers (MCE) initially developed two alternatives (one on either side of McAlpine Creek). The final sewer alignment developed by MCE and CMU was created from the best avoidance and minimization attributes of the two alternatives. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Best Management Practices (BMP's) will be implemented during constuction to avoid further Impacts. The construction corridor in wetland areas north of NC Highway 51 will be limited to a width of 40 feet. The proposed project will include installation of reinforced concrete pipe ranging in size from 72 inches down to 30 inches in some areas. Although this large diameter type pipe is planned to be installed through segments of wetland areas, the construction corridor will not exceed the 40-foot maximum corridor width specified for Section 401 Water Quality Certification. The permanent maintained portion of the right-of-way (R/W) corridor within wetland areas will be minimized and will not exceed 10 feet in width except at manhole locations throughout the entire length of the project. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Anti-seep collars will be installed at the downstream wetland boundary and every 150 feet up the gradient until the relief sewer exits the wetland. All channel work will be constructed in the dry in accordance with Water Quality Certification No. 3699. 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 project? ? Payment to in-lieu fee program ? Permittee Responsible Mitigation Page 9 of 14 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 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 Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 7 Total buffer mitigation required: 6c. 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). 6d. Comments: Page 10 of 14 PCN Form - November 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. 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? ? Yes ? No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No 2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties management programs (check all that apply)? ? HQW If so, attach one copy of the approval letter from the DWQ and one copy of the ? ORW ? Session Law 2006-246 approved stormwater management plan. ? Other: 3b. In which local government's jurisdiction is this project? City of Charlotte 3c. Is this local government certified to implement a state stormwater program? ® Yes ? No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? N/A - changes to imperveous coverage are not applicable to sewerline projects 4b. Does this project contain any areas that meet the criteria for "high density" per General Certifications 3704 and 3705? ? Yes ®No 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. 4d. Has a completed BMP Supplement Form with all required items been submitted for each stormwater BMP? ? Yes ? No Page 11 of 14 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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)? 1 c. 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 letter.) ® Yes ? No Comments: A copy of the FONSI is attached 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 213 .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): When originaly permitted this project did not require DWQ approval. However, as the project plans currently stand this project will require approval from DWQ for WQC No. 3699. Construction is ongoing on Phase I of this project, and has not yet commenced on Phases II to IV. 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. In 2004 the City of Charlotte approved an Administrative Order with the US EPA to construct a number of projects to minimize wet weather sewer system overflows. This project is mandated under that Administrative Order. While further development may occur in the project watershed it is likely that this development would occur regardless of the construction of this project. The construction of this project will result in an improvement in water quality by eliminating wet weather overflows. 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. N/A Page 12 of 14 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information, continued 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? 5c. If yes, indicate the USFWS Field Office you have contacted. E:1 Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on August 6, 2009 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. As of the date of this submittal, a response from NCNHP has not yet been received. Protected, endangered, and threatened species were addressed in the EA for this project and it was determined that the project would not have any significant impact. 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? NOAA Fisheries: http://sharpfin.nmfs.noaa.govtwebsite/EFH_Mapper/map.aspx 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 t t ? Yes ® No s a us (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? A letter was forwarded to the State Historic Preservation Office (SHPO) on August 6, 2009 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. As of the date of this submittal, a response from SHPO has not yet been received. The project is located in an urban area; the occurrence of any area of architectural, historic, or archaeological significance is unlikely. Cultural resources were addressed in the EA for this project and it was determined that the project would not have any significant impact on cultural resources . 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? FE]Yes [E] No 8b. If yes, explain how project meets FEMA requirements: This project will result in no net rise in flood level. Project area will be returned to pre-construction grades. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map No. 3710444800J, 3710445900J , 3170455000J, 3170456000J, 3170457000J, 3170457100J, 3170458100J, and 3170458200J. Page 13 of 14 PCN Form - November 2008 Version F. Supplementary Information, continued Gregg C. Antemann, PWS Principal Scientist Applicant/Agent's Printed Name Z9H:=- 8/14/09 Applicant/ gent's Signature (Agent's signature is valid only if an authorization letter from the applicant Date is provided.) Page 14 of 14 PCN Form - November 2008 Version FINDING OF NO SIGNIFICANT IMPACT Environmental Assessment for the McAlpine Creek Relief Sewer Charlotte-Mecklenburg Utilities Pursuant to the requirements of the North Carolina Environmental Policy Act (N.C.G.S. § 113A-1, et seq.), an environmental assessment (EA) has been prepared for the construction of a gravity relief sewer to serve the McAlpine, Six Mile, Four Mile, and Crooked Creek Basins in Mecklenburg County. Governmental bodies with jurisdiction over the service area include Charlotte-Mecklenburg County, and the Towns of Mint Hill and Matthews. The project consists of the following major elements: installation of approximately 79,000 linear feet of sewer along McAlpine Creek, elimination of a force main and pump station at the Four Mile Creek confluence, and elimination of approximately 31 existing lateral sewer aerial crossing of McAlpine Creek. The proposed relief sewer will convey wastewater to the McAlpine Creek Wastewater Treatment Plant. The project is necessary to reduce/eliminate wet-weather overflows in the existing system and to accommodate predicted growth. Although adjacent to basins identified as having habitat suitable for the Carolina Heelsplitter, a federally listed freshwater mussel, Charlotte Mecklenburg Utilities has no specific plans to provide service to such areas via the project at present. The "no-action" alternative was eliminated from consideration, since it would not be reasonable or feasible given the insufficient capacity of the existing system, ongoing impacts of sanitary sewer overflows, and anticipated growth in the service area. During the project preliminary design phase a review of various alignment alternatives were reviewed to minimize construction impacts and maximize project benefits. Detailed information about the project's alignment and configuration are contained within the EA. The project has been aligned taking into account associated engineering design requirements and the avoidance and/or minimization of environmental constraints as well as cultural constraints. During construction, an approved Sediment and Erosion Control Plan will be utilized to prevent exceedences of the established turbidity water quality standard. Following completion of construction activities, the project area will be restored. Efforts will be made to minimize the removal of trees from the project area. Detailed discussion of the project's direct impacts and efforts to mitigate them are included in the EA. Secondary and cumulative environmental impacts may result from the McAlpine Creek Relief Sewer project. Mitigation for such impacts will be provided by various ordinances and land development regulations implemented and enforced by the aforementioned local government jurisdictions. These include, stormwater, floodplain management, and riparian buffer protection measures. All measures are described in detail within the EA. Based on the findings of the EA and on the impact avoidance/mitigation measures contained therein, the Division of Water Quality has concluded that the proposed project will not result in significant impacts to the environment. This EA and Finding of No Significant Impact are prerequisites for the issuance of Division of Water Quality permits necessary for the project's construction. An Environmental Impact Statement will not be prepared for this project. This FONSI completes the environmental review record, which is available for inspection at the State Clearinghouse. North Carolina Department of Environment and Natural Resources Division of Water Quality 10 March 2006 U.S. ARMY COPPS OF ENGINEERS WILMINGTON DISTRICT kction ID. SAW-2007-1904360 County: 1 LeKenburg USGS Quad: Charlotte East GENERAL PERMIT (REGIONAL AND NATIONWM'E) VERIFICATION Size and location of 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 will remain valid until the expiration We identified below unless the nationwide authorization is modified, suspended, or revoked.. 1( prior to the expiration date identif ed below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified bellow, 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 teals and conditions of the nadonydde permit, activities which have commenced (i.e. are under construction) or are under contract to commence iu reliance upon the nationwide permit; will remain authorized provided the activity is completed within 12 months of the date of the nationwide's expiration, modification, or revocation, unless discretionary authority has barn 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 919-733-1786) 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, property Owner l Authorized Agent: it ?"'Mdhb i # i sl A 'n: •. tzzail : rr?X Address: 5100 Brookshire Blvd. Charlotte Nortl? Carolfna 28616 Telephone No-: ' area nmi activity: Construetidu of a 79,400 LF sewer lime which will tie into an 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 F=iitNumben 12 • a 3 :: This Department of the Army verification does not relieve the pam ittee of the responsibility to obtain any other required Federal, State or local approvat4errdts. if there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Mr. Steve Chapin at (828) 271-7980 x224, 1. Corps Regulatory Offici Steve Chapin_ Date: July 16, 2007 . ........ Expiration Date of Verification: Jnly 16, 2009 The Wilmington District is committed to providing the highest level of s upport to the public. To help us ensure we continue to do so, please complete the attached Satisfaction Survey or visit http://www.saw.usace.army.niil/WETLANDS/index.htrnl to complete the survey online. } Copy Furnished: MACTEC, 2801 Yorkmont Road, Suite 100, Charlotte, NC 28208 101- s U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200531576 County: Mecklenburg U.S.G.S. Quad: Charlotte East NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Charlotte-Mecklenburg Utilities Address: 5100 Brookshire Blvd. Charlotte, NC 28216 Telephone No.: 704-3914695 Property description: Size (acres) Nearest Waterway McAlpine Creek USGS HUC Nearest Town Charlotte River Basin Catawba Coordinates 35.1371709 / 80.7681279 Location description The proposed 15 mile parallel relief sewer is located along McAlpine Creek, in Charlotte, Mecklenburg County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be wetlands and stream channels on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property 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. X There are wetlands and stream channels on the above described property 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. We strongly suggest you have the wetlands and stream channels on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The wetlands and stream channels on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The wetlands and stream channels have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. 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. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. 0 Action Id. 200531576 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 x. 231. C. Basis For Determination The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is known as McAlpine Creek and its unnamed tributaries. McAlpine Creek flows into the Catawba River which ultimately flows to the Atlantic Ocean through the Santee-Cooper River in South Carolina. D. Remarks: Site visit conducted on April 5, 2005 in which minor changes were made to the delineation. E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. 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 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by June 5, 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: Date April 5, 2006 expiration Date April 5, 2011 CF: MacTec, Attn: Josh Ellinger, 2801 Yorkmont Drive, Suite 100, Charlotte, NC 28208 2