19950297 Ver 1_COMPLETE FILE_19950321

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor _
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
?EHNR
March 21, 1995
Mecklenburg County
DEM Project # 95297
APPROVAL of 401 Water Quality Certification
Mr. Dennis D. Gwaltney
Project Manager
Charlotte-Mecklenburg Utilities Department
5100 Brookshire Boulevard
Charlotte, N.C. 28216
Dear Mr. Gwaltney:
FILE-6
You have our approval to place fill material in a temporary impact in wetlands or water at Beard
Creek for the purpose of constructing a 24-inch water main along the south east side of Sam Newell
Road, as you described in your application dated 15 March 1995. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 2664. This
certification allows you to use Nationwide Permit Number 12 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may, be required to send us a new application.
For this approval to be valid, you must follow the conditionsa listed in.the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Sincerely,
Oki
r ton Howard, Jr. V_
95297.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
•
CHARLOTTE- RECEIVED
MAR 2.01995
E*'RONMENTAL S
aaeh"w CIENCES
March 15, 1995
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment,
Health, and Natural Resources
P.O. Box 29535
Raleigh, N.C. 27626-0535
SUBJECT: Proposed 16-inch Water Main Along Sam Newell Road
Job Number: 703-94-095
Dear Mr. Dorney:
Enclosed Please find our submittal of the application for a
Nationwide Permit to cross Beards Creek at Sam Newell Road.
Included with the submittal are our specifications to restore
wetland impacts within the proposed corridor as well as other
relevant information
Should you have any questions please call me at 704-391-5080.
Sincere
Dennis D. Gwaltney, P.E.
Project Manager / Capital Projects
cc: Steve Lund
CESAW-CO-E
Dennis Gwaltney
Files wetsaml
Engineering Division 5100 Brookshire Boulevard Charlotte, NC 28216 704/399-2551
Charlotte-Mecklenburg Utility Department

March 15, 1995
0
CUD
CHARLOTTE.
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
N.C. Department of Environment,
Health, and Natural Resources
P.O. Box 29535
Raleigh, N.C. 2762.6-0535
DEnm# 95z9?
401
SUBJECT: Proposed 16-inch Water Main Along Sam Newell Road
Job Number: 703-94-095
Dear Mr. Dorney:
Enclosed Please find our submittal of the application for a
Nationwide Permit to cross Beards Creek at Sam Newell Road.
Included with the submittal are our specifications to restore
wetland impacts within the proposed corridor as well as other
relevant information
Should you have any questions please call me at 704-391-5080.
Si erely,
Dennis D. Gwaltney, P.E.
Project Manager / Capital Projects
cc: Steve Lund
CESAW-CO-E
Dennis Gwaltney
Files wetsaml
Engineering Division 5100 Brookshire Boulevard Charlotte, NC 28216 704/399-2551
Charlotte-Mecklenburg Utility Department
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 12
JOINT FORM FOR
Nationwide Permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
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: harlotte Mecklenburg Utili Department
2. Owners Address: 5100 Brookshire Boulevard Charlotte. NC 28216
3. Owners Phone Number (Home):
(Work): 1700 399-2221
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Dennis D Gwaltney - &Qiec, t Manager CMUD [phone]
t
5. Location of work (MUST ATTACH MAP). County: Mecklenburg
Nearest Town or City: Matthews NC
Specific Location (include road number, landmarks, etc.): East side Qf Sam Newell Road at Beards Creek
between &dgpendence Pointe arkw and Matthew Townshp Parkway
6. Name of Closest Stream/River: Beards Creek
7. River Basin: McAlpine Creek Basin
8. Is this project located in a watershed classified as Trout, SA HQW, WSI, or WS II? YES [ 1 NO N]
9. Have any Section 404 permits been previously requested for use on this property? YES [ 1 NO [ X1
If yes, explain:
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
Beards Creek 6 08 Acre in Wetland + 02 Acres Water) = .10 Acres in 40' Corridor
11. Number of acres of waters of the U. S., including wetlands, impacted by the proposed project:
Filled:
Drained: Temporary
Flooded:
Excavated: Temporary
Total Impacted: Temporary impact on Beards Creek
12. Description of proposed work (Attach PLANS - 81/2" x 11" drawings only): See Attached Man
13. Purpose of proposed work: .See Attachment #1
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note
measures taken to minimize wetland impacts: See Attachment #1
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries
Service (N1ViFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened
species or critical habitat in the permit area that may be affected by the proposed project. Have you done so?
YES [ l NO [X ] Not Applicable
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of
historic properties in the permit area which may be affected by the proposed project? Have you done so?
YES [ l NO [X I Not Applicable
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Road Rtght-of ft
F. If applicable, what is proposed method of sewage disposal? NA '
Owner's Si tore Date
ATTACHMENT #1
Response to Items - #12 & 13
The Charlotte-Mecklenburg Utility Department is proposing to build
a 24-inch Water Main along the south east side of Sam Newell Road.
The proposed construction is to provide a substantial feed into the
southeastern part of the County as part of our Capital Improvement
Program. The proposed water main will be approximately 9,000 L.F.
of 24-inch Water Main beginning at the intersection of Independence
Boulevard and Sam Newell Road and continuing in a southerly
direction along the east side of Sam Newell Road to the
intersection of Sam Newell and Matthews Township Parkway where it
shall turn and proceed in westerly direction on the north side of
Matthews Street the intersection of Matthews Township Parkway and
Freemont Street where it shall turn again and proceed in a
southerly direction on the West side of Freemont Street to the
intersection of Freemont and West John Street where it shall tie
into an existing water main. .
Response to Items - #14
In order for the 24-inch Water Main to be extended along Sam Newell
Road to the West John Street and Freemont Street intersection, it
will be necessary to cross Beards Creek including adjacent wetland
areas located near the existing highway right-of-way.
To minimize impacts the project is planned to be constructed as
close as feasible to Sam Newell Road and contain construction
activities to a 40' corridor,
Restoration
See attached "Seedbed Preparation and Seeding Specifications" for
Wetland Areas. No fescue shall be used in Wetland Areas.
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UTILITY DEPARTMENT
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SEEDBED PREPARATION AND SEEDING SPECIFICATIONS - Wetland Areas
1. Surface water control measures to be installed according to plan.
2. Areas to be seeded shall be ripped and spread with available topsoil 6" deep. Total seedbed
prepared depth shall be 6" to 8" deep.
3. Loose rocks, roots and other obstructions shall be removed from the surface so that they will not
interfere with establishment and maintenance of vegetation. Surface for final seedbed preparation,
at finish grades shown, shall be reasonably smooth.
4. Provide agricultural lime at rate required to bring soil acidity to slightly acid - ph 6, according to
soil test report.
5. Lime and fertilizer shall be applied uniformly and mixed with the soil during seedbed preparation.
6. Apply 0-20-10 commercial fertilizer at the rate of 20 lbs/1000 s.f. for warm season mix (see
schedule).
7. Apply 10-20-10 commercial fertilizer at the rate of 20 lbs/1000 s.f. for cool season mix (see
schedule).
8. Apply 10-10-10 commercial fertilizer at the rate of 20 lbs/1000 s.f. for temporary cover crops. In
addition, provide 15 lbs/1000 st of superphosphate.
9. The following is for the wane season mix:
a. All warn grass seed shall be debearded or conditioned by brushing to create a product
nearly the same as debearding. This does not apply to Switchgrass.
b. Disc two times to break-up crop residue. and dirt clods prior to seeding.
C. Pack soil to create a firm seedbed with a cultipacker or roller.
d. If a rain shower should fall after the seedbed is prepared but before planting break-up any
crust formation.
e. Seeding shall be installed to a depth of YV utilizing a rangeland drill or conventional grass
drills. It is extremely important that seed not be planted deeper than W' death. Do not
disc or harrow after seeding. This will put the seed too deep. A Brillion seeder will be
acceptable.
f.. If seeding is done by broadcasting or hydroseeding, seeding rate shall be increased by
25%.
10. Seed in accordance with the following schedule and application rates:
Wetland Areas
Dates Types Rate
Apr. 1 - Jul. 15 Warm Season Mix
Switchgrass, Cave-in-rock, Alamo 8 pls #/acre or 4 oz./1000 s.f.
Smartweed 2 bulk #/acre or 1 oz./1000 s.f.
and
Japanese Millet or 20 lb/acre or % lbs/1000 s.f.
Sorghum Sudan Grass Hybrids
(Mow prior to maturity)
July 16 - Sept. 1 Temporary crop of Japanese Millet or 20 lb/acre or % lbs/1000 s.f.
Sorghum Sudan Grass Hybrids
(To be followed by permanent mixture)
S
Sept. 2 - Nov. 1
Cool Season Mix
Reed Canary Grass
Smartweed
12 bulk #/acre or
6 oz./1000 s.f.
2 bulk Nacre or
1 oz.11000 s.f
Nov. 1 March 31 Temporary Crop of Wheat
(To be followed by permanent mixture)
40 lbs/acre
11. Contractor shall be required to provide a permanent mixture according to the schedule.
12. Temporary crops must be incorporated prior to seeding of permanent mixtures
13. Cover crops or temporary crops must be mowed at proper time to prevent seed heads from
maturing. Wheat may be harvested.
14. Grass mix and temporary covers shall be mulched with straw applied at the rate of 75 Is to 100
lbs/1000 S.F. Use clean Wheat Straw.
15. If hydroseeded use Virgin Paper Mulch only.
Note:
Seed and additional information for the wetland mix as well as for other grass areas may be
purchased from, but not limited to:
Sharp Brothers Seed Company
Route 4, Box 237 A
Clinton, Missouri 64735
Phone [phone]
Contact: Jef Hodges
-10-
NATIONWIDE PERMIT # 11: TEMPORARY RECREATIONAL STRUCTURES. AUTHORIZES
TEMPORARY BUOYS, MARKERS, SMALL FLOATING DOCKS, AND SIMILAR STRUCTURES PLACED
FOR RECREATIONAL USE DURING SPECIFIC EVENTS SUCH AS WATER SKIING COMPETITIONS
AND BOAT RACES OR SEASONAL USE PROVIDED THAT SUCH STRUCTURES ARE REMOVED
WITHIN 30 DAYS AFTER USE HAS BEEN DISCONTINUED. SECTION 10 ONLY:
STAT[JS IN NORTH CAROLINA: ISSUED.
NATIONWIDE CONDITIONSr STANDARD GENERAL CONDITIONS AND THE FOLLOWING SPECIFIC
CONDITION:
1. AT CORPS OF ENGINEERS RESERVOIRS, THE RESERVOIR MANAGER MUST APPROVE
EACH BUOY OR MARKER INDIVIDUALLY.
REGIONAL CONDITIONS: NONE.
401 CERTIFICATION DETERMINATION: NOT REQUIRED.
CONSISTENCY DETERMINATION: CONSISTENT IN COASTAL AREA SUBJECT TO THE
FOLLOWING CONDITION:
1. SHOULD ALL OR PART OF THE DEVELOPMENT ACTIVITY BE LOCATED WITHIN AN
AREA OF ENVIRONMENTAL CONCERN (AEC) AS DESIGNATED BY THE NORTH CAROLINA
COASTAL,RESOURCES COMMISSION, A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT
IS REQUIRED FROM THE NCDCM UNLESS THE APPLICANT IS A FEDERAL AGENCY.. IF
THE APPLICANT IS A FEDERAL AGENCY AND ALL OR PART OF THE DEVELOPMENT
ACTIVITY IS LOCATED WITHIN AN AEC, A CONSISTENCY DETERMINATION PURSUANT TO
15 CPR 930 MUST BE PROVIDED TO THE NCDCM AT LEAST 90 DAYS BEFORE THE ONSET
OF THE PROPOSED ACTIVITY..
NATIONWIDE PERMIT 0 12: UTILITY LINE BACRFILL AND BEDDING. AUTHORIZES
SUCH AS DRAINAGE TILE.. SECTION 404 ONLY.
DISCHARGES OF MATERIAL FOR BACRFILL OR-BEDDING FOR UTILITY LINES, INCLUDING
OUTFACE AND INTAKE STRUCTURES, PROVIDED THERE I5 NO CHANGE IN PRECONSTRIICTION
CONTOURS. UTILITY LINE IS ANY PIPE OR PIPELINE FOR THE TRANSPORTATION OF ANY
GASEOUS,. LIQUID, LIQUEFIABLE, OR SLURRY SUBSTANCE, FOR ANY PURPOSE, AND ANY
CABLE, LINE, OR WIRE FOR THE TRANSMISSION FOR ANY PURPOSE OF ELECTRICAL'
ENERGY, TELEPHONE AND TELEGRAPH MESSAGES, AND RADIO AND TELEVISION
COMMUNICATION. DOES NOT AUTHORIZE ACTIVITIES WHICH DRAIN A WATER OF THE U.S.,
STATUS IN NORTH CAROLINA: ISSUED.
INFORMATION:
?l. ALL UTILITY LINES MUST BE COMPLETELY BURIED. THIS NATIONWIDE PERMIT
DOES NOT AUTHORIZE UTILITY LINES THAT ARE NOT COMPLETELY BURIED.
?c2. THIS NATIONWIDE PERMIT DOES NOT AUTHORIZE USE OF FILL MATERIAL FOR
PERMANENT ACCESS CORRIDORS.
NATIONWIDE CONDITIONS: STANDARD GENERAL CONDITIONS AND. THE FOLLOWING SPECIFIC
CONDITIONS:
1. MATERIAL RESULTING FROM TRENCH EXCAVATION AND MAY BE TEMPORARILY
SIDECAST 'INTO WATERS OF THE U.S. PROVIDED THAT THE MATERIAL IS NOT PLACED
IN SUCH A MANNER THAT IT IS DISPERSED BY CURRENTS OR OTHER FORCES AND MUST
BE REMOVED WITHIN THREE MONTHS.
'k 2. THE AREA OF WATERS OF THE U.S. THAT IS DISTURBED MUST BE LIMITED TO
THE MINIMUM NECESSARY TO CONSTRUCT THE UTILITY LINE.

-11-
-3. IN WETLANDS, THE TOP 6" TO 12" OF THE TRENCH SHOULD GENERALLY BE
BACKFILLED WITH TOPSOIL FROM THE TRENCH.
*4. EXCESS MATERIAL MUST BE REMOVED TO UPLAND AREAS IMMEDIATELY UPON
COMPLETION OF CONSTRUCTION.
5. ANY EXPOSED SLOPES AND STREAMBANKS MUST BE STABILIZED IMMEDIATELY UPON
COMPLETION OF THE UTILITY LINE.
REGIONAL CONDITIONS:
1. APPLICANTS MUST NOTIFY THE DISTRICT ENGINEER AND RECEIVE FROM THE
DISTRICT ENGINEER WRITTEN APPROVAL PRIOR TO STARTING WORK.
2. THE TEMPORARY PLACEMENT OF EXCAVATED OR FILL MATERIAL IN WATERS OR
WETLANDS WILL BE FOR THE ABSOLUTE MINIMUM PERIOD OF TIME NECESSARY TO
ACCOMPLISH THE WORK.
*3. STABILIZATION IS REQUIRED IMMEDIATELY ON COMPLETION OF EACH INDIVIDUAL
CROSSING.
4. WORK PLANS MUST BE PROVIDED AND MUST BE SIZED TO 8 1/2 BY 11 INCHES.
5. RESTORATION PLANS MUST BE SUBMITTED TO THE DISTRICT ENGINEER
DESIGNATING A TIME TABLE FOR RESTORATION.
401.CERTIFICATION DETERMINATION: GENERAL CERTIFICATION ISSUED, BUT
CONDITIONED AS FOLLOWS:
1. WRITTEN CONCURRENCE IS REQUIRED FROM NCDEM.
2. THE CONSTRUCTION CORRIDOR IS-LIMITED TO 40 FEET IN WIDTH AND MUST BE
MINIMIZED-TO THE MAXIMUM EXTENT PRACTICABLE.
3. PERMANENTLY MAINTAINED ACCESS CORRIDORS SHALL BE RESTRICTED TO THE
MINIMUM WIDTH PRACTICABLE AND MAY NOT EXCEED 10 FEET IN WIDTH EXCEPT IN
LOCATIONS SPECIFIED ON MAPS FOR VEHICULAR ACCESS PURPOSES OR AT MANHOLE
LOCATIONS. •
-*4.- ESTABLISHED SEDIMENT AND EROSION CONTROL PRACTICES ARE UTILIZED TO
PREVENT VIOLATIONS OF THE APPROPRIATE TURBIDITY WATER QUALITY STANDARD (50
NTUS IN STREAMS AND RIVERS NOT DESIGNATED AS TROUT BY NCDEM; 25 NTUS IN
ALL SALTWATER CLASSES AND ALL LAKES AND RESERVOIRS; AND 10 NTUS IN TROUT
,WATERS).
5. WORK PLANS MUST BE LEGIBLE AND SIZED TO 8 1/2 BY 11 INCHES.
6. MEASURES SHALL BE TAKEN TO PREVENT LIVE OR FRESH CONCRETE FROM COMING
INTO CONTACT WITH WATERS OF THE STATE UNTIL THE CONCRETE HAS HARDENED.
=-c7. ADDITIONAL SITE-SPECIFIC CONDITIONS MAY BE ADDED TO PROPOSED PROJECTS
IN ORDER TO ENSURE COMPLIANCE WITH ALL APPLICABLE WATER QUALITY AND
EFFLUENT STANDARDS.
8. CONCURRENCE FROM NCDEM APPLIES TO AN INDIVIDUAL PROJECT AND SHALL
EXPIRE THREE YEARS FROM THE DATE OF THE COVER LETTER FROM NCDEM.
CONSISTENCY DETERMINATION: CONSISTENT IN COASTAL AREA SUBJECT TO THE
FOLLOWING CONDITIONS:
1. IF THE PROPOSED ACTIVITY IS WITHIN THE NORTH CAROLINA COASTAL AREA,
THE APPLICANT MUST RECEIVE WRITTEN CONCURRENCE FROM THE NCDCM THAT THE
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
2. SHOULD ALL OR PART OF THE DEVELOPMENT ACTIVITY BE LOCATED WITHIN AN
AREA OF ENVIRONMENTAL CONCERN (AEC) AS DESIGNATED BY THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION, A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT