19960966 Ver 1_COMPLETE FILE_19960930

DIVISION OF WATER QUALITY
October 30, 1996
MEMO TO: John Dorney
FROM: Rex Gleason Sl?
PREPARED BY: Michael L. Parker 99u^
SUBJECT: Wetland Staff Report and Recommendations
Permit Year: 96
Applicant Name: Little
Project Type: Stream S
COE No.:
Recd. from CDA: APP
Regional Office: MRO
Permit No.: 0000966 County: Mecklenburg
Sugar Creek/Meck. Co. Eng. and Bldg. Stds.
tabilization Permit Type: NW 26
DOT No.:
Date from CDA: 9-30-96
Stream Class: C
River Basin/Subbasin: 030834
Wetland Impact: No
Wetland Requested: N/A
Wetland Score: N/A
Mitigation?: No
Mitigation Size: N/A
Wetland Rating Sheet Attached?: No
Stream Index No.: 11-137-8
Wetland Type: N/A
Wetland Acre Est.?: N
Water Impacted by Fill?: Y
Mitigation Type: N/A
Request More Info?: NO
Project Changes/Conditions been discussed with applicant?: No
Comments: Soil/bank protective matting is to be utilized above the in-stream rip-
rap. There is no mention, however, of the use of live staking spaced throughout the
matting for stabilization purposes. Live staking (in addition to the stream bank
tree planting proposed by the applicant) will provide beneficial (and immediate)
shading of the stream bottom to compensate for the vegetative loss expected during
construction. ESB staff should decide whether live staking should be required
throughout the matted area.
Recommendation: Issue, Pending the resolution of the live staking issue noted above.
cc: MRO
Central Files
960966
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit): Z?D
JOINT FORM FOR .
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WnmINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT ?. _.. -
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO
P.O. Box 1890 AND NATURAL RESOURCES 1 _•.--•
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 SEP
. Telephone [phone] ATTN: MR JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO CO W__- rS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRO
PLEASE PRINT. COh!'fik6T :
k L N A-4
1. Owners Name:
2aZo2_
2. Owners Address: 1l?(7 ?l• -3736
3. Owners Phone Number (Home):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
in u?L/IQ?
5. Location of work (MUST ATTACH MAP). County: v L,--,X/ rr
Nearest Town or City: G E
Specific Location (Include road numbers, landmarks, etc.): L mn SuGr..Fr2 eeC /h L/rte !'a-!^
th .5r TZ2/+L?;?m?a,r FA?,? irAzZ L/? ?/C ,?? ?// BIZAnr
6, Name of Clos Soeam/River. ?-: ?uGa,?.rZ •!?
7. River Basin: G.C??'A l? BLJ-/dam
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO- DQ
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: D 84 AG
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: DI V /f , ?? ? J I O Q f?? Y ?Q/ 11? LiT' ? 1tiaS • V i!4.LW O I 4 Wi O. 0
F,::, 4 RAP-i
Drained:
Flooded:
Excavated:
'r-16k e?do&
McNr ??
Total Impacted: D._
vAtl r?/4j?,-s ?L? 1A1 vP4-k* Fx e-*i.
960966 01" ,
DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit): Z•?O Nw? r '
JOINT FORM FOR c?trA
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WII.i1NiGTON DISTRICT ENGINEER
CORPS OF ENGn EERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
A= CESAW-CO-E
Telephone [phone]
wATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ONMEI
. Dr
..- .
AND NATURAL RESOURCES { L; t? 1i
P.O. Box 29535 !
Raleigh, NC 27626-0535 ! SEP
ATIN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN ('7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVM
PLEASE PRINT.
1. Owners Name:
A-4 J.
2. Owners Address: rQ oL?
(work): 17,04) .3G
3. Owners Phone Number (Home):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.):.4- M24 5,64"k A o Aiza/N 42229CO I
th 'S1 TD -a2A&(- `'arse i%re,C "
6. Name oClosest Stream/River.
7. River Basin: e.4TA )VA1?4 A/eex
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES (] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO' (4
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: D 84 A G
l,c%? l?/fry 0, Z2 //V[O!? ?'
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: D. &--V 5 7. 03 1 s roz lei y aw Gil aarcs 91Aa!
Drained:
Flooded:
Excavated:
DN ITV, D. o i 5
iz
?csw r14
McNr ?
TotalImpacted: O. S4
,?u?c,?'??'?c/r' 0 r??j?/?s r? it
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, J r., Gove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
IT4
?EHNR
October 18, 1996
Mecklenburg County
DWQ Project # 960966
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. David Canaan
Mecklenburg County
Engineering and Buildidng Standards Dept.
700 North Tryon Street
Charlotte, NC 28202
Dear Mr. Canaan:
You have our approval to place fill material in 0.84 acres of waters for the purpose of stabilizing the
streambank of Little Sugar Creek and Derita Branch, as you described in your application dated 26 September
1996. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 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 except as
modified below. 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 conditions listed in the attached certification
and any additional conditions listed below. Trees shall be planted at the edge of the riprap at 10 foot centers at
locations shown on your plan. Species shall be those described in the 9 September 1996 letter from yourself
to Steve Lund. Where more than 10 feet of planting space exists, two rows of trees shall be planted. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Si rely,
eston Howar , Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
960966.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer 9 50% recycledtl0% post consumer paper
September 26, 19
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Attention: John Dc
N.C. Department o',
Division of Water Q
4401 Reedy Creek A
Raleigh, NC 27607
Re: Permit Modifi(
L Li
Ou`
Top-
n
«?C augar Creek above 36th Street
401 Water Quality Certification
Action ID. 199300069
Dear Mr. Dorney:
An application for a permit modification for channel improvements on Little Sugar Creek was
made on September 9, 1996 in order to extend the originally permitted project from 36th Street
up to West Sugar Creek Road and include stabilization work on Derita Branch. You and Karen
Lynch will recall walking many of these proposed improvement areas on August 15, 1996 with
Mike Brennan and Mike Iagnocco of Woolpert and Owen Anderson of N.C. Fish and Wildlife.
Upon review by Steve Lund, Army Corps of Engineers, it was determined that the length of
improvements would be such that a simple modification to the existing permit would not be
sufficient to cover all of the proposed work. He did indicate that Little Sugar Creek above 36th
Street and Derita Branch are both considered headwaters, therefore a Nationwide Permit #26
would be more appropriate. After careful review of Woolpert's design in coordination with Steve
Lund it was determined that e ' act of the improvements to waters of the United States below
ordinary high water would a 0.84 res.
The Joint Application Form and atached materials are hereby submitted to obtain written
concurrence regarding the 401 Water Quality Certification. We greatly appreciate your review of
the enclosed materials and the expeditious processing of this request.
Sincerely,
tocc)-X-??
W. Dave Canaan
Assistant Director
F
?0 `?'?: GAO
9
PEOPLE • PRIDE • PROGRESS
700 North "Tryon Street • Charlotte, North Carolina 29202 • [phone] 9 Fax [phone]
2
Enclosures
cc: Steve Lund, Army Corps of Engineers
Joe Aug
Mike Iagnocco
PEOPLE* PRIDE • PROGRESS
700 North Tryon Street • Charlotte, North Carolina 28202 • [phone] • Fax [phone]
96 006 6
DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 2-(0
JOINT FORM FOR.
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WU-bffNGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMEN ,Tr
AND NATURAL RESOURCES ? !
P.O. Box 29535 !
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY SEP n 1996
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO CO Q S.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRO AG1=?vIENT.
PLEASE PRINT. C091-Aevr :
1. Owners Name: ' k tit &AIL61 A-A
2. Owners Address: 7-91 Al sT???2= &0A-,&6 -nre Ak 246,?-C)4
3. Owners Phone Number (Home): (Work); l ?D? •3. ' 3 73?
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: M F/' K L/sAj 13alldr
Nearest Town or City: G kl%'?9 / O I'74
Specific Location (Include road numbers, landmarks, etc.): L 11-n.4 Sub,. g &Ag,cg W-fzge •tit
Gig .3G th 'Sr Tb Daw,?sTnEa,? ?G.G ? .?iGr? G/????C .?? /??,?.r.Q- B,¢aMc

6: Name o losest tream/River.
7. River Basin: G?'A l? [??#'/d?.?
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS U? YES [) NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO' ?Q
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: D. 84 f} G
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: D. 6? ?v. 83 1 Foe 91 L--acs Dll i ,ar-5 6& 914 rv? o. o l s
e R?r-A
Drained:
Flooded: AQ?tifr ?rrW
Excavated:
Total Impacted: - 0,04
-
R71O /-? l LL . •
12. Description of proposed work (Attach PLANS-8 12" X 11" drawings only): UAW A G.L. &rj K-
? Iye I- a al&h /Pr? 6-712,09a /0V Wax? .erg , M4 grArl v,E
??? ti?..r? ... e'??a f D/l.,r'???in?l /J1?f11?i.?s Z"-Z ?Gl3J/r/.il/h Ai_-ILDP cPP
F/•S .?N/ !?'ic/c? icr?r S?/Z?r'G Tti,4S
13. Purpose pr posed work: _eoi" a ti QA/ ,al,r'u L .
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.. tJb I AIP1+CT* ?b W 6r Z-AAIOS
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered orthreatened species or critical
habitat ' e ermiitt-area that My be affected by the propo Have you SO? YES [ NO [ ]
GJ?OMTI? USfEWS ?ZMFS?aH01L "B,E FOR;A DTO CORPS i?•?`..cf' A?T/?c/rte
RESPO
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 one s ? YES [ ] NO [ ]
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? LOA44%Me-I We- 4.14J UusTwr K6-
F. If applicable, what is proposed method of sewage disposal? 14 /Ar
2G, /VG
Owner's Signature Date
?4 .5
?.7.T?9G ANT y r/G /TV O.'q-5.emowTS / R. v. W.
?5F n/G M -4- POW ?2? . ?
I.yy?
APR 12 '93 15:45 COE-ASHEVILLE
ti0 United States Department of the Interior
Yl
FISH AND WILDLIFE: SERVICE
Asheville Field Office.
330 Ridgefleld.Court
Asheville, North Carolina 28806
April 8, 1993
Colonel Walter S. Tulloch
Wi l mi ngtoll District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Colonel Tulloch:
P.2/3
¦
TAKE PRIDE IN
AMERICA¦ =
??r t
¦¦ s
This is the report of the U.S. Fish and Wildlife Service (Service) and
the Department of the Interior on the permit application by Ms. Bobbie
Shields, Director, Mecklenburg County Engineering Department
(Department), 'to control flooding and erosion along portions of Little
Sugar Creek in Charlotte, Mecklenburg County, North Carolina (Action
ID. 199300069). This report is submitted 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 (Act)
of 1973, as amended (16 U.S.C. 1531-1543).
According to information provided in the application, the Department
proposes to make several stream-channel and stream-bank modifications
along 2.5 miles of Little Sugar Creek between the Brookshire Freeway and
36th Street in downtown Charlotte. Channel modifications include
relocating short segments of the creek, constructing a 1,200-foot-long
low-flow augmentation channel and three in-channel sediment/debris basins
(2 feet deep), and armoring segments of the channel bottom with rock at
bridge crossings. Stream-bank modifications include back-grading
vertical or undercut banks and stabilizing them with rock riprap or soil
protection matting. Approximately 0.10 acre of wetlands would be
impacted, and approximately 600 cubic yards of fill material would be
discharged below ordinary high water. The purpose of this project is to
mitigate flooding, control stream-bank erosion and sedimentation, and
improve the appearance of this section of Little Sugar Creek.
The Service is familiar with this section of Little Sugar Creek in
downtown Charlotte. The creek is degraded (i.e., due to runoff,
disturbance, and stream-bank erosion), water quality is poor, and little
vegetative buffer remains along the creek--typical impacts in an urban
setting. This section of Little Sugar Creek presently provides minimal
value as fish and wildlife habitat.
The Service does not object to permit issuance. However, we do have a
few questions regarding the proposed project. Will there be any
downstream impacts resulting from the stabilization of portions of Little
Sugar Creek (i.e., will other sections downstream have to be stabilized
L. n APR 12 1 93
1 04

15:15 COE-ASHEVILLE
Sugar Creek (i.e., will other sections downstream have to be stabilized
as the result of this project)? Will settling/detention basins be
periodically cleaned out? Was any justification provided in the
application to support the need for flood and erosion control along this
stream section? If a permit is issued for this project, we request that
the following recommendations be considered in order to minimize
environmental impacts: (1) protect existing trees and vegetation,
whenever possible, to minimize erosion into Little Sugar Creek; (2)
ensure that sedimentation and erosion control measures are in place prior
to and during all phases of construction; (3) locate and, if possible,
contain stockpile areas away from the stream banks in order to minimize
sedimentation (especially during and after.heavy rains); and (4) include
plantings of native tree and shrub species (such as willow, alder,
sycamore, river birch, etc.) that will help stabilize the stream banks
and enhance the wildlife value and aesthetics of this section of the
creek. Finally, we recommend the use of native materials (i.e.,
placement of logs and tree and shrub plantings) versus rock riprap or
soil matting to stabilize the section upstream of the 30th Street, where
there are adjacent wetlands (Figure 17/20 in the permit application).
Based on our records there are no federally listed or proposed endangered
or threatened 'species within the impact area of the proposed action. In
view of this, we believe the requirements of Section 7(c) of the Act, as
amended, are fulfilled. However, obligations under Section 7•bf the Act
must be reconsidered if: (1) new information reveals impacts of this
identified action that may affect endangered or threatened species or
critical habitat in a manner not previously considered, (2) this action
is subsequently modified in a manner not considered in this review, or
(3) a new species is listed or critical habitat is determined that may be
affected by the action.
The Service appreciates the opportunity to comment on this project.
Please advise us of any action taken by your office in this matter. We
have assigned our. Log Number 4-2-93-062 to this project. Please refer to
this number in all future correspondence directed to us concerning this
matter.
S 1?cefel
'
R and G. Biggins
Acting Field Supervisor
cc:
Mr. Randy C. Wilson, Section Manager, Nongame and Endangered Wildlife and
Permits Section, North Carolina Wildlife Resources Commission,
Archdale Building, 512 N. Salisbury Street, Raleigh, NC 27604-1188
Mr. Dennis L. Stewart, Program Manager, Division of Boating and Inland
Fisheries, North Carolina Wildlife Resources Commission, Archdale
Building, 512 N. Salisbury Street, Raleigh, NC 27604-1188
EM. Bob Johnson, U.S. Army Corps of Engineers, Regulatory Field Office,
Room 75, Grove Arcade Building, 37 Battery Park Avenue,
Asheville, NC 28801
MECKLENBURG COUNTY
Engineering & Building Standards T)Pnartment
September 9, 1996
Attention: Mr. Steven Lund '
U. S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
C
f
Re: Action ID. 199300069
Little Sugar Creek Permit Modification
Dear Mr. Lund:
RECEIVED
Sri "
21996
ENVIRONMENTAL SCIENCES
'n1. ,u
The attached materials are hereby submitted to obtain a permit modification in the above
referenced matter. Mecklenburg County Engineering has contracted with Woolpert to design
stream bank and channel stabilization measures along Little Sugar Creek from North Davidson
Street to West Sugar Creek Road (approximately 11,300 linear feet) and along Derita Branch, a
tributary to Little Sugar Creek (approximately 2,000 linear feet - See Vicinity Map).
You will recall that the referenced Army Corps of Engineers' permit was granted to the County in
July 1993. The permit authorized channel stabilization improvements to Little Sugar Creek that
included the discharge of approximately 600 cubic yards of fill to construct a 1,200-foot-long low
flow channel and place riprap, interlocking block, and soil matting, along the 2.3-mile stretch of
Little Sugar Creek between the Brookshire Freeway and 36th Street. Construction was completed
on the reach between the Brookshire Freeway and North Davidson Street in 1993-94. However,
due to problems encountered in securing necessary easements, the portion of the project between
North Davidson Street and 36th Street was not completed at that time. On August 26, 1996 the
County submitted a request to extend the expiration date of the existing permit.
The permit modification is requested in order to extend the project from 36th Street to West
Sugar Creek Road, to add the improvements on Derita Branch, and to authorize proposed minor
changes in the originally permitted design between North Davidson Street and 36th Street.
The enclosed permit modification package is presented in three parts. Part I encompasses that
PEOPLE • PRIDE • PROGRESS
___ -- . - - . .. - .1- i-.___I•__ I.- - 1-n 4?11,f 11011 - C..../'MA\21L 2QAK
Mr. Steven Lund
September 9, 1996
Page 2
portion of Little Sugar Creek (LSC) previously permitted - from North Davidson Street to 36th
Street (approximately 6,900 linear feet). The design originally authorized has been scaled back to
reduce the use of Criblock Reinforced Retaining Walls and the extent of channel realignment. Part
II encompasses the reach of LSC from 36th Street to West Sugar Creek Road (approximately
4,400 If). This represents an extension of the originally designed LSC channel improvements. The
need for these improvements has been prompted by severe erosion problems and severe flooding
along this stretch, particularly upstream of Craighead Road. Part III encompasses Derita Branch
from its confluence with LSC, downstream of East 36th Street, and extending approximately
2,000 If upstream. Derita Branch is characterized by severe erosion in bends and in the vicinity of
four structures: an abandoned bridge, an elevated sewer line crossing, the North Tryon Street
(US Hwy 29) culvert crossing, and a bridge in a junk yard upstream of North Tryon Street. In
addition, frequent flooding (annually) upstream of Tryon Street causes significant property
damage.
The enclosed Part I materials include a design narrative, example plan sheets, and detail sheets. In
addition to these items, the Part II and III materials also include an overview figure and typical
sections.
Little Sugar Creek from North Davidson Street to West Sugar Creek Road is a highly urbanized
stream with extensive industrial/commercial development within the floodplain. Duke Power
Company owns a 100 kV transmission line Right-of-Way (60' wide, typ.) throughout most of the
project limits. Additionally, the Charlotte Mecklenburg Utility Department (CMUD) has a
sanitary sewer easement (20' wide typ.) that parallels LSC and Derita Branch along the entire
project length. In many instances, the existing top of bank has encroached into the sewer
easement. Derita Branch is also a highly urbanized stream in the vicinity of the proposed work.
The land use along Derita Branch is predominantly industrial/commercial in nature. No power
right-of-way exists along Derita Branch.
In summary, and as detailed in the design narratives, the extended project and proposed design
modifications would involve the total discharge of approximately 575 cubic yards (CY) of "fill"
material (i.e., riprap, gabion) below the ordinary high water line of the LSC (496 CY) and Derita
Branch (79 CY) channels. As described, these materials will be predominantly placed along the
existing toe of bank. Part I has eliminated the extensive toe realignments originally permitted. Part
I will continue to result in minor wetlands involvement. Approximately 0.16 acre of palustrine
forested wetland located north of 30th Street will be impacted to facilitate bank layback.
A number of efforts will be taken to minimize long term impacts to LSC and Derita Branch.
Efforts will be taken to preserve existing trees whenever practicable along the channel banks. The
plans also specify that no trees over 3" caliper will be cut outside the proposed top of bank. The
County's current channel stabilization program provides for tree replacement plantings along the
top of bank. Subsequently, following construction, the County will undertake tree plantings in
suitable selected areas. These plantings will take place outside of maintained power and utility
right of ways. Proposed tree species will include fast growing, native trees characterized by a
broad-spreading canopy which will ultimately shade the channel. Suggested trees include red
maple, sugar maple, white oak, sycamore, white ash, or similar. In-stream measures include the
PEOPLE • PRIDE • PROGRESS
Mr. Steven Lund
September 9, 1996
Page 3
use of fishery enhancement structures (see detail sheet included with Part I materials) in an effort
to create riffle areas and the preservation of existing deeper water pools. Impacts to the channel
will be further minimized by limiting construction equipment from operating within the channel.
Mecklenburg County Department of Environmental Protection (MCDEP) has implemented a
Water Quality Monitoring Program. As part of this program, MCDEP will conduct 5 different
water quality studies on various streams within the County. MCDEP will provide results of these
studies to Mecklenburg County Storm Water Services to assist them in evaluating the
effectiveness of several different stream management techniques. These studies are designed to
provide insight on past and current stream management practices (for example low flow channels
and fish enhancement structures) and direct future stream management practices (soil
bioengineering). See Part IV for a detailed breakdown of the goals and elements of the five
studies.
Additional palustrine forested wetland areas have been identified north of 36th Street. While these
wetlands are located outside the construction limits, these areas have been designated on the plans
in order to prohibit access and/or stockpiling of materials in these areas.
Please note that a copy of the permit modification package has also been forwarded to Mr. John
Dorney with the Division of Water Quality at DEHNR. Mr. Dorney and Karen Lynch of his staff
recently conducted a field investigation of representative portions of the project with Woolpert
staff.
We greatly appreciate your review. of the enclosed materials and the expeditious processing of this
request for a permit modification. Please do not hesitate to contact me if you have any questions.
Sincerely,
oj-y?
W. Dave Canaan
Assistant Director
Enclosures
cc: Joe Aug
Mike Iagnocco
Jphn Dorney, DEHNR DWQ
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PART I
LITTLE SUGAR CREEK CHANNEL IMPROVEMENTS
(INCLUDING DERITA BRANCH)
Little Sugar Creek from North Davidson Street to East 36th Street (6,9001inear feet)
Design Narrative
The original design which was permitted in 1993 called for extensive channel toe realignment and channel
straightening with full bank riprap protection throughout most of this reach. In addition, the original design
called for extensive modification to the channel bottom, including a 6-foot riprap apron which extended
from the toe of the bank. In areas where it was not possible to achieve the desired slope for placing riprap
or where protection of structures (i.e., buildings or power transmission towers) was a factor, grouted
matting or earth reinforced retaining wall (interlocking blocks) was proposed. Due to problems with
obtaining easements for construction and maintenance, this segment of the original project was not
constructed. The County has now obtained the necessary easements and desires to proceed with the
original design with some minor modifications.
The County did not desire a complete redesign of this segment, but recognized a need to scale back some
of the proposed improvements, most notably the extent of walls and channel realignment. The new design
is predominantly a riprap-based solution with banks sloped back at 2:1. Channel toe realignment is now
strictly limited to areas in which the hydraulic performance of culverts and road crossings can be improved
through minor realignments designed to redirect flow to all barrels or improve culvert outlet characteristics.
In addition, several power transmission towers are located close enough to the existing top of bank that
some toe realignment will be required to ensure that safe distances from the tower legs are maintained in
accordance with Duke Power regulations. In addition, the extent and nature of retaining walls has been
modified with the new design. The original design called for earth reinforced retaining walls which have a
fairly smooth, almost vertical face. The new design calls for gabion walls which will provide a terraced,
stepped back face and will allow for vegetative growth in the wall itself as sediment and seed are deposited
(Note: a similar structure recently constructed on Little Sugar Creek downstream of Park Road is
exhibiting vegetative growth, giving the wall an aesthetically pleasing "green" look). The new design also
calls for the placement of channel diversion structures just upstream of the culvert at North Davidson
Street (See Figures I.1 and I.2). These diversion structures have been incorporated to direct flows away
from the severely eroding outside bank and to help alleviate ongoing sediment deposition along the inside
of this meander. The new design also calls for fish enhancement structures. Riffle areas will be created in
various channel "runs" by placing riprap in the channel bottom in a horseshoe shape, approximately 18
inches high (See Figure I.3). As seen in Part IV, the benthic sampling may provide useful data to assess the
effectiveness of these structures. The data from the benthic studies may also provide insight into short and
long term impacts of construction vehicles working from the channel. The new design does not call for any
other modification to the channel bottom. Construction documents include notes indicating that the
contractor shall not remove boulders from the channel. Discarded "white goods", dumpsters, and shopping
carts, etc., will be removed from the channel.
As stated previously, Duke Power Company right of way (R/W) parallels this entire reach of Little Sugar
Creek. Duke's R/W restrictions (see Attached Duke Power Form R10-92 item 10) prohibit planting of
trees or shrubs that will reach a height of 15 feet or greater at maturity within the R/W. This limits planting
at the proposed top of bank throughout this reach. However, several suitable locations for tree plantings
have been identified. The criterion for site selection of County tree plantings includes areas in which some
woody vegetation currently exists, and typically targets the south side of the creek in an effort to offer more
shade potential. Tree saving/protection by the contractor will also be one of the primary goals of the
project. General Plan Notes include the following statement: Contractors shall not disturb any trees 3" in
diameter or larger outside of proposed top of banks. Please refer to the attached example plan sheets
showing the typical improvements and tree planting areas for Part I (Figures I.1 and 1.4).
The proposed design of Part I will result in the placement of approximately 324 cubic yards of fill material
in the Little Sugar Creek Channel below the ordinary mean high water. Approximately 233 CY of this
"fill" will result from the excavation and associated placement of riprap along the existing toe of bank, an
estimated 75 CY will be associated with the installation of gabions, and approximately 16 CY of riprap
will be discharged into the channel to create fish enhancement structures.
As detailed in the original permit, this portion of the project will continue to result in minor wetlands
involvement. Approximately 0.16 acres of palustrine forested wetland located north of 30th Street will be
impacted to facilitate bank layback.
Reorder by ID No. 059402191 Form 02191 (R10-92)
Duke Power Company
Power Delivery
TRANSMISSION RIGHTS OF WAY RESTRICTIONS
This list of rights of way restrictions has been developed to answer the most often asked questions about
property owner use of transmission rights of way. The list does not intend to cover all possible situations
and you should ask additional questions if these answers do not fit your plans.
1. Structures, buildings, mobile homes and trailers, satellite signal receiver systems and equipment,
swimming pools and associated equipment, human graves, billboards, signs, wells, septic tanks,
absorption pits, storage tanks (both above and below ground), garbage, trash, rubble, flammable material,
building material, junk, and wrecked or disabled vehicles are not allowed within the rights of way limits.
2. Fences shall not be attached to poles or towers. Fences shall be installed at least 10 feet from poles or
towers and shall not exceed 10 feet in height. If a fence crosses the rights of way, a gate will be installed
so that free access is maintained.
3. Contact Duke Power before grading or filling on the rights of way. The clearance of the bottom conductor
to ground may not be less than 25 feet under 44kV lines, 27 1/2 feet under 100kV lines, 35 feet under
230kV lines and 45 feet under 525kV lines. Grading or filling within the rights of way or near a structure,
which will prevent free access, will not be permitted.
4. Grading shall be -at least 20 feet from a pole or tower leg, and slope shall not exceed 3:1 on the rights of way.
5. Streets, roads, driveways, sewer lines, water lines, or any underground facilities shall not parallel the
center line within the rights of way, but may cross at any angle not less than 30 degrees with the center
line and cross no closer than 20 feet to any structure. Man holes and underground vaults must be
approved within the rights of way limits.
6. Any drainage ditch that allows water to pond or to cause erosion around a structure is prohibited.
7. Contact Duke Power Company prior to'the construction of lakes or ponds within the rights of way limits.
8. Duke Power Company shall not relinquish any of its rights conveyed by the rights of way agreements:
9. Duke Power Company does not recommend the practice of using the area under transmission lines for
parking, but will not object if the following restrictions are followed:
a. A barrier adequate to protect the pole or tower shall be erected, by the party constructing the parking
area, in such a manner as to restrict parking to at least 5 feet from the structure.
b. Any access areas, entrances, or exits shall cross the rights of way at or near right angles to the
centerline, and shall not pass within 20 feet of any structure.
c. Lighting facilities higher than 15 feet are not to be installed within the rights of-way limits.
d. Signs and other attachments to Duke Power Company structures are prohibited.
10. Duke Power Company will not object to certain beautification programs, such as planting grass, flowers,
low growing shrubs, gardens, etc., as long as they do not interfere with the existing structures or
interfere with access to structures.
a. Any plants within the rights of way, such as fruit trees, flowering shrubs, bushes, hedges, or low
growing species must not exceed 15 feet in height at maturity. Any plants allowed to exceed
this height are subject to being cleared from the rights of way by Duke Power Company.
b. Tall growing species of trees are not allowed within the rights of way limits. Duke Power Company
may exercise the right to cut danger trees outside the rights of way limits as granted by the rights of
way agreement and as required to properly maintain and operate the transmission line.
We hope this is useful information; if additional questions arise or if you plan anything not mentioned,
please contact Roy Birmingham, RAI Supervisor
at telephone number 704/382-2664

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PART II
LITTLE SUGAR CREEK CHANNEL IMPROVEMENTS
(INCLUDING DERITA BRANCH)
Little Sugar Creekfran East 36th Street to West Sugar Creek Road (4,400 linear feet)
Design Narrative
This reach represents an extension of the project as originally permitted. The limits of Part II are
depicted on Figures 11. 1 and 11.2; corresponding typical sections are presented on Figures 11.3 thru 11.5.
The design can be described in two segments. From East 36th Street to Craighead Road (approximately
2,500 feet), the proposed improvements entail sloping the banks back to a 2:1 side slope and providing
riprap toe protection extending 3 to 4 feet above the channel bottom. The remainder of the bank will be
protected with vegetative soil protection matting (See Figure II.6). This matting will likely be the North
American Green SCI 50 or C350, a coconut fiber-based mesh which allows for vegetative growth while
protecting the soil from the erosive forces of the creek. The Duke Power R/W extends through half of
this reach and a sanitary sewer easement follows the creek throughout this reach. The sewer easement is
extremely close to the creek with five manholes close enough to the existing top of bank to warrant
grouted riprap for protection. Full bank riprap protection is proposed at the outlet of the Craighead Road
culvert, at the sharp bend in the middle of this reach and near the entrance to the 36th Street culvert,
where some minor toe realignment is proposed. Several large diameter trees will be protected on the
right bank near the middle of this segment. The second typical section involves the segment from
Craighead Road to West Sugar Creek Road. In this area severe erosion on the left bank (looking
downstream), severe flooding and the inability to slope the banks back (due to structures and property
constraints), have dictated full bank, hard protection in the form of riprap and grouted riprap (See Figures
11.7 and II.8). Tree saving measures will be taken along the right bank in the northernmost reach where
several large diameter trees are close to the existing top of bank. These trees have been identified on the
plans as trees to remain even though they fall within the proposed slope. In addition, at the upstream end
of this segment, the left bank will not be disturbed since the property owner has already armored this side
with riprap and a wall on the top of the bank. A combination riprap/vegetated matting will be used at the
upstream end of this segment as the lining on the right bank. Refer to the enclosed plan sheets (Figures
11.9 thru I1.14) for additional details. Severe flooding in this reach influenced the decisions pertaining to
stabilization techniques, tree saving, and tree planting. Mecklenburg County Engineering does not wish
to assume liability for increased flood risk as a result of this project.
The design also calls for fish enhancement structures. Riffle areas will be created in various channel
"runs" by placing riprap in the channel bottom in a horseshoe shape, approximately 18 inches high (See
Figure 1.3). As seen in Part IV, the benthic sampling may provide useful data to assess the effectiveness
of these structures. The data from the benthic studies may also provide insight into short and long term
impacts of construction vehicles working from the channel.
Several suitable locations for the County's top of bank tree planting program have been identified along
this reach of the project. Suitable locations include those areas in which some woody vegetation is
currently present, areas on the south side of the creek which offer more shade potential, and those areas
outside the maintained power R/W and sewer easements. An additional constraint to tree planting in this
reach is the concrete supply facility situated along the left bank, just south of the upstream terminus of
of bank, severely limiting options for planting on the left bank between Craighead and Sugar Creek Roads.
Please refer to the enclosed plan sheets for proposed tree planting areas. Tree saving/protection by the
contractor will also be one of the primary goals of the project. General Plan Notes include the following
statement: Contractor shall not disturb any trees 3" in diameter or larger outside of proposed top of
banks.
The proposed design of Part II will result in the placement of approximately 172 cubic yards (CY) of fill
material in the Little Sugar Creek Channel below the ordinary mean high water. Approximately 163 CY of
this "fill" will result from the excavation and associated placement of riprap along the existing toe of bank,
and approximately 9 CY of riprap will be discharged into the channel to create fish enhancement
structures.
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LITTLE SUGAR CREEK CHANNEL IMPROVEMENTS
(INCLUDING DERITA BRANCH)
Derita Branch fi•oin the Confluence with Little Sugar Creek upstream for approximately 2, 000 if
Design Narrative
This reach represents an extension of the project as originally permitted. The limits of Part III are depicted
on Figure 111.1; corresponding typical sections are presented on Figures 111.2 and 111.3. This reach of Derita
Branch is characterized by poor hydraulics at several structures, bank erosion in the outside of bends and at
other locations, erosion problems at an above grade sewer line which crosses the creek, and severe flooding
problems upstream of North Tryon Street. The proposed improvements consist of sloping the banks back
to a 2:1 side slope. Three typical sections will be utilized. Downstream of North Tryon Street, riprap shall
be placed from the toe to the top of the proposed bank (See Figure 111.2, Section 1). Upstream of North
Tryon Street for a distance of 175 feet, a combination lining will be used, placing riprap to a depth of six
feet and armoring the remainder of the slope with vegetative protection matting (See Figure 111.2, Section
2). Upstream of the bridge in the junk yard, the proposed improvements include some toe realignment to
improve the hydraulics of the presently skewed bridge opening and grouted riprap on the banks (due to the
inability to achieve slopes suitable for rip-rap protection) around the first bend (See Figure 111.3, Section
3). The remainder of this segment to the upstream end of the project will be armored with riprap to the top
of bank. Upstream of North Tryon Street, decisions pertaining to the lining selection and tree protection
were influenced by the severe flooding problem that exists in this area. Mecklenburg County Engineering
does not wish to assume liability for increased flood risk as a result of this project.
Tree saving/protection by the contractor will also be one of the primary goals of the project, specifically
downstream of North Tryon Street. Two large diameter trees located near the existing top of bank on the
upper portion of this reach have been identified to be saved. General Plan Notes include the following
statement: Contractor shall not disturb any trees 3" in diameter or larger outside of proposed top of
banks. In addition, the upstream project limits were specifically chosen based on the change in land use
from heavy commercial/industrial to a heavily forested, undeveloped area.
Several suitable locations for the County's top of bank tree planting program have been identified along
this reach of the project. Suitable locations include those areas in which some woody vegetation is
currently present, and those areas outside the maintained sewer easements. Please refer to the attached plan
sheets showing the proposed improvements (including proposed tree planting areas) for Part III (Figures
IIIA and II1.5).
The proposed design of Part III will result in the placement of approximately 79 cubic yards (CY) of fill
material in the Derita Branch channel below ordinary mean high water. Approximately 74 CY of this "fill"
will result from the excavation and associated placement of riprap along the existing toe of bank, and
approximately 4.5 CY of riprap will be discharged into the channel to create a fish enhancement structure.
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PART IV
MECKLENBURG COUNTY STORM WATER SERVICES / DEPARTMENT OF
ENVIRONMENTAL PROTECTION STREAM MONITORING PROGRAM
As described in the cover letter, Mecklenburg County Storm Water Services has begun an aggressive
stream monitoring program designed to help successfully implement measures that reduce the discharge of
pollutants to surface waters and improve water quality. They have identified five major goals that are
described below:
1) Reduce the discharge of pollutants from construction sites
Objective: To work with County Engineering and Building inspection staff to reduce the
discharge of pollutants from construction sites.
Description: Develop and implement a training program for County erosion control and
building inspection staff to increase their awareness of water pollution problems
originating from construction sites.
2) Water Quality Impacts From Channel Improvement Projects
Objective: To identify the short and long term water quality impacts of working within the
stream channel during the Little Sugar Creek Channel Improvement Project.
Description: Effectively monitor the short and long term chemical, physical, and
biological impacts of working within the stream channel during the improvement project.
- Carefully review project plans and conduct a field survey of the stream channel in
cooperation with County Engineering staff
- Develop and implement a written sampling plan including both short and long term
sampling efforts to measure chemical, physical, and biological parameters based on
information obtained from the plan review, field survey, and consultations with County
Engineering staff. The overall objective of the sampling plan is to assess the water
quality impacts of equipment operation within the stream channel during the
improvement project.
Report: Provide Dave Canaan with quarterly reports containing summaries of data
collected and water quality impacts detected and a year end summary report as shown
below:
- A summary of all data collected throughout the year
- Water quality trends detected through data analysis
- Water quality impacts caused by work within the stream channel during the improvement
project.
- Recommendations for minimizing the identified water quality impacts
- A proposed future sampling schedule for 1997-1998.
I
3) Measuring BMP Pollution Removal Effectiveness
Objective: To identify the pollution removal capabilities of BMPs selected by County
Engineering Staff
Description: Complete the monitoring activities necessary to accurately identify BMP
pollution removal rates for specified parameters.
4) Ecologically Sensitive Channel Project Development
Objective: To assist County Engineering staff in the development of ecologically sensitive
channel improvements and to measure the effectiveness of these improvements at
restoring water quality conditions in streams.
Description: Assist County Engineering staff in the development of ecologically sensitive
channel project designs.
- Review channel improvement plans for bioengineering projects proposed by County
Engineering and provide written comments to Dave Canaan concerning the anticipated
effectiveness of these projects at improving aquatic habitats and overall water quality.
Description: Assess the effectiveness of the County's ecologically sensitive channel
project improvements at protecting or enhancing the quality of the water in Mecklenburg
County streams.
- Develop a study plan for County Streambank Stabilization Projects at Stewart Creek and
and Little Sugar Creek including bioassessment sampling sites and schedules.
- Conduct bioassessment sampling (macro invertebrates and fish) of Stewart Creek and
Little Sugar Creek.
- Complete identification and data analysis
- Complete fish and macro invertebrate bioassessment preliminary reports as described in
the project study plan. Submit these reports to Dave Canaan.
5) Little Sugar Creek Restoration Project
Objective: Monitor the effectiveness of the Little Sugar Creek low flow channel at
predetermined points and provide Dave Canaan with quarterly reports (within 24 hours of
the sampling period). Final report to include a data summary, trend analysis, and
recommendations.
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LITTLE SUGAR CREEK CHANNEL IMPROVEMENTS
Little Sugar Creek from East 36th Street to ii'est Sugar Creek Road (4,400 linear feet)
Design Narrative
This reach represents an extension of the project as originally permitted. The limits of Part Ii are depicted
on Figures 11.1 and 11.2; corresponding typical sections are presented on Figures 11.3 thru 11.5. The design
can be described in two segments. From East 36th Street to Craighead Road (approximately 2,500 feet),
the proposed improvements entail sloping the banks back to a 2:1 side slope and providing riprap toe
protection extending 3 to 4 feet above the channel bottom.. ?`Mtroftht'bJtr3k protectedv
wwi -V*# k idh matting (See Figure II.6). This matting will likely be the North American
Green SC 150 or 050„ tflber-based mesh which' rll6ws fbr vegetative growth v+ rhiltorattectingi
the soil from the erosive forces of the creek. The Duke Power R/W extends through half of this reach and a
sanitary sewer easement follows the creek throughout this reach. The sewer easement is extremely close to
the creek with five manholes close enough to the existing top of bank to warrant grouted riprap for
protection. Full bank riprap protection is proposed at the outlet of the Craighead Road culvert, at the sharp
bend in the middle of this reach and near the entrance to the 36th Street culvert, where some minor toe
realignment is proposed. Several large diameter trees will be protected on the right bank near the middle of
this segment. The second typical section involves the segment from'Craighead Road to West Sugar Creek
Road. In this area severe erosion on the left bank (looking downstream), severe flooding and the inability
to slope the banks back (due to structures and property constraints), have dictated full bank, hard
protection in the form of riprap and grouted riprap (See Figures 11.7 and 11.8). Tree saving measures will be
taken along the right bank in the northernmost reach where several large diameter trees are close to the
existing top of bank. These trees have been identified on the plans as trees to remain even though they fall
within the proposed slope. In addition, at the upstream end of this segment, the left bank will not be
disturbed since the property owner has already armored this side with riprap and a wall on the top of the
bank. A combination riprap/vegetated matting will be used at the upstream end of this segment as the
lining on the right bank. Refer to the enclosed plan sheets (Figures I1.9 thru 11. 14) for additional details.
Severe flooding in this reach influenced the decisions pertaining to stabilization techniques, tree saving,
and tree planting. Mecklenburg County Engineering does not wish to assume liability for increased flood
risk as a result of this project.
The design also calls for fish enhancement structuresOfFNi13 Witt be created in various channel "rims"
by p i r1p N*WANMtsm in a horseshoe shaOL-, approximately 18 inches high (See Figure
1.3). As seen in Part IV, the benthic sampling may provide useful data to assess the effectiveness of these
structures. The data from the benthic studies may also provide insight into short and long term impacts ofr
construction vehicles working from the channel.
Several suitable locations for the County's top of bank tree planting program have been identified along
this reach of the project. Suitable locations include those areas in which some woody vegetation is
currently present, areas on the south side of the creek which offer more shade potential, and those areas
outside the maintained power R/W and sewer easements. An additional constraint to tree planting in this
reach is the concrete supply facility situated along the left bank, just south of the upstream terminus of the
project. This facility has vehicle wash racks, storage areas, and other structures situated at the existing top
of bank, severely limiting options for planting on the left bank between Craighead and Sugar Creek Roads.
Please refer to the enclosed plan sheets for roposed tree planting areas. Tree saving/protection by the
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contractor ivlll }? s the primary goals ofthe project. iGeneral Plan Notes include the following
statement: Contractor sNl?d?Yoten' my treesa ilftMwter or4arger outside of proposed top of
banks.
The proposed design of Part 11 will result in the placement of approximately 172 cubic yards (CY) of fill
material in the Little Sugar Creek Channel below the ordinary mean high water. Approximately 163 CY of
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DERITA BRANCH CHANNEL IMPROVEMENTS
Derita Branch from the Confluence with Little Sugar Creek upstream for approximately 1,650 if
Design Narrative
This reach represents an extension of the project as originally permitted. The limits of Part Iii are depicted
on Figure III. ] ; corresponding typical sections are presented on Figures 111.2 and 111.3. This reach of Derita
Branch is characterized by poor hydraulics at several structures, bank erosion in the outside of bends and at
other locations, erosion problems at an above grade sewer line which crosses the creek, and severe flooding
problems upstream of North Tryon Street. Tile proposed improvements consist of sloping the banks back
to a 2:1 side slope. Three typical sections will be utilized. Downstream of North Tryon Street, riprap shall
be placed from the toe to the top of the proposed bank (See Figure 111.2, Section 1). Upstream of North
Tryon Street for a distance of 175 feet, a combination lining will be used, placing riprap to a depth of six
feet and armoring the remainder of the slope with vegetative protection matting (See Figure 111.2, Section
2). Upstream of the bridge in the junk yard, the proposed improvements include some toe realignment to
improve the hydraulics of the presently skewed bridge opening and grouted riprap on the banks (due to the
inability to achieve slopes suitable for rip-rap protection) around the first bend (See Figure 111.3, Section
3). The remainder of this segment to the upstream end of the project will be armored with riprap to the top
of bank. Upstream of North Tryon Street, decisions pertaining to the lining selection and tree protection
were influenced by the severe flooding problem that exists in this area. Mecklenburg County Engineering
does not wish to assume liability for increased flood risk as a result of this project.
Tree saving/protection by the contractor will also be one of the primary goals of the project, specifically
downstream of North Tryon Street. Two large diameter trees located near the existing top of bank on the
upper portion of this reach have been identified to be saved. General Plan Notes include the following
statement: Contractor shall not disturb any t?•ees 3" in diameter or larger outside of proposed top of
hanks. In addition, the upstream project limits were specifically chosen based on the change in land use
from heavy commercial/industrial to a heavily forested, undeveloped area.
Several suitable locations for the County's top of bank tree planting program have been identified along
this reach of the project. Suitable locations include those areas in which some woody vegetation is
currently present, and those areas outside the maintained sewer easements. Please refer to the attached plan
sheets showing the proposed improvements (including proposed tree planting areas) for Part Ili (Figures
111.4 and 111.5).
The proposed design of Part Ill will result in the placement of approximately 79 cubic yards (CY) of fill
material in the Derita Branch channel below ordinary mean high water. Approximately 74 CY of this "fill"
will result from the excavation and associated placement of riprap along the existing toe of bank, and
approximately 4.5 CY of riprap will be discharged into the channel to create a fish enhancement structure.
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PART IV
MECKLENBURG COUNTY STORM WATER SERVICES / DEPARTMENT OF
ENVIRONMENTAL PROTECTION STREAM MONITORING PROGRAM
As described in the cover letter, Mecklenburg County Storm Water Services has begun an aggressive
stream monitoring program designed to help successfully implement measures that reduce the discharge of
pollutants to surface waters and improve water quality. They have identified five major goals that are
described below:
1) Reduce the discharge of pollutants from construction sites
Objective: To work with County Engineering and Building inspection staff to reduce the
discharge of pollutants from construction sites.
Description: Develop and implement a training program for County erosion control and
building inspection staff to increase their awareness of water pollution problems
originating from construction sites.
2) Water Quality Impacts From Channel Improvement Projects
Objective: To identify the short and long term water quality impacts of working within the
stream channel during the Little Sugar Creek Channel Improvement Project.
Description: Effectively monitor the short and long term chemical, physical, and
biological impacts of working within the stream channel during the improvement project.
- Carefully review project plans and conduct a field survey of the stream channel in
cooperation with County Engineering staff
- Develop and implement a written sampling plan including both short and long teen
sampling efforts to measure chemical, physical, and biological parameters based on
information obtained from the plan review, field survey, and consultations with County
Engineering staff. The overall objective of the sampling plan is to assess the water
quality impacts of equipment operation within the stream channel during the
improvement project.
Report: Provide Dave Canaan with quarterly reports containing summaries of data
collected and water quality impacts detected and a year end summary report as shown
below:
- A summary of all data collected throughout the year
- Water quality trends detected through data analysis
- Water quality impacts caused by work within the stream channel during the improvement
project.
- Recommendations for minimizing the identified water quality impacts
- A proposed future sampling schedule for 1997-1998.
3) Measuring BMP Pollution Removal Effectiveness
Objective: To identify the pollution removal capabilities of BMPs selected by County
Engineering Staff
Description: Complete the monitoring activities necessary to accurately identify BMP
pollution removal rates for specified parameters.
4) Ecologically Sensitive Channel Project Development
Objective: To assist County Engineering staff in the development of ecologically sensitive
channel improvements and to measure the effectiveness of these improvements at
restoring water quality conditions in streams.
Channel desien
Description: Assist County Engineering staff in the development of ecologically sensitive
channel project designs.
- Review channel improvement plans for bioengineering projects proposed by County
Engineering and provide written comments to Dave Canaan concerning the anticipated
effectiveness of these projects at improving aquatic habitats and overall water quality.
Bioassessment
Description: Assess the effectiveness of the County's ecologically sensitive channel
project improvements at protecting or enhancing the quality of the water in Mecklenburg
County streams.
- Develop a study plan for County Streambank Stabilization Projects at Stewart Creek and
and Little Sugar Creek including bioassessment sampling sites and schedules.
- Conduct bioassessment sampling (macro invertebrates and fish) of Stewart Creek and
Little Sugar Creek.
- Complete identification and data analysis
- Complete fish and macro invertebrate bioassessment preliminary reports as described in
the project study plan. Submit these reports to Dave Canaan.
5) Little Sugar Creek Restoration Project
Objective: Monitor the effectiveness of the Little Sugar Creek low flow channel at
predetermined points and provide Dave Canaan with quarterly reports (within 24 hours of
the sampling period). Final report to include a data summary, trend analysis, and
recommendations.
KAWR122178TROPOSAUPERMITI MPD
V "P r y cM lU - cf r-S

qAu--o cam- -e
Who,
JW1
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF December 20, 1996
Regulatory Branch
Action ID No. 199702209, Nationwide Permit No
Waters)
Mr. W. Dave Canaan
Mecklenburg County Engineering Department
700 North Tryon Street
Charlotte, North Carolina 28202
Dear Mr. Canaan:
5Q
26 (Headwaters and Isolated
ly IU`" /
N
r (- y
Thank you for your letter of October 1, 1996, regarding your-Plans to
place rock fill material in 0.84 acres of the headwaters of Little Sugar Creek
and Derita Branch for the purpose of stabilizing a total of 60-50 eet of
eroding streambank between East 36th Street and Sugar Creek Road at Charlotte,
Mecklenburg County, North Carolina. No wetlands would be affected by this
proposed work.
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 was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
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 until the nationwide permit is modified,
reissued or revoked. All the nationwide permits are scheduled to be modified,
reissued or revoked prior to 21 January 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits. We will issue a public
notice announcing the changes when they occur. Furthermore, if you commence
or are under contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.

-2-
Questions or comments may be addressed to Mr. Steven Lund in our
Asheville Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607