20020638 Ver 1_Complete File_20020618

M Charlotte-Mecklenburg
STORM
WATER
services
July 10, 2002
Mr. Steve Chapin
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
u
SUBJECT: City of Charlotte Project - Asbury Avenue Extension
Clarification Regarding Compensatory Mitigation
Dear Mr. Chapin:
JUL ' 12 2002
t
Per our recent discussions, we are submitting the following letter to provide clarification
regarding the compensatory mitigation for the Asbury Avenue Extension Project. The previously
submitted PCN dated April 24, 2002 proposed 268 linear feet of stream restoration with the
Sedgefield Park Branch Project (see attached Figure 1). This was accepted by DWQ in the 401
Certification dated June 18, 2002. In an effort to accommodate your desire to provide greater
than the proposed 1:1 mitigation ratio, CSWS is proposing the following:
CSWS will increase the proposed credit associated with the Sedgefield Park Branch Project (see
attached Figure 2) and provide channel cleaning/enhancement along the parcels previously
acquired for Asbury Avenue Extension Project (see attached Figure 3).
Sedgefield Park Branch Project is a Rosgen Priority I stream restoration project in Sedgefield
Community Park. CSWS has previously assigned 330 if of Sedgefield Park Branch Stream
Restoration to the Springdale Avenue Project (USACE #200030359). The Sedgefield Park
Branch Stream Restoration Project has 275 linear feet of stream restoration that has been
constructed within the park and is presently available for compensatory mitigation.
The remaining 216 if section of stream restoration on park property has not been completed due
to the proposed flood detention plan that is at approximately 75% design. The detention plan will
require construction of a berm with a 66 if culvert and adjustment of a channel meander to
transition the channel through the culvert. The remaining 150 if of channel on the park property
will be completed using natural channel design compatible with the existing and future stream
restoration project as part of the Magnolia Kirkwood CIP. CSWS will commit the remaining
stream restoration (up to 150 If) within the park property as compensatory mitigation for the
Asbury Avenue Extension Project.
The Asbury channel cleaning/enhancement will include removal of trash and debris, within right-
of-way acquisition parcels, along the existing channel both upstream and downstream of the
proposed culvert. The riparian zone will be seeded with a native riparian seed mix. The City is
still in the process of evaluating the feasibility of a stream restoration project in the
vicinity/watershed. If a project is considered viable, the City will utilize natural channel design to
restore streams in the watershed and will seek mitigation credit for those efforts in the future.
Charlotte Storm Water Services - 600 East Fourth Street Charlotte, North Carolina 28202-2844
Telephone[phone] FAX[phone]
To report drainage problems: 336-RAIN
r
Printed on recycled paper.
If you have any questions or need additional information, please do not hesitate to contact me at
mkmurray(Z,ci.charlotte.nc.us or 704-336-4588. Thank you for your assistance with this matter.
Sincerely,
Mary C. Murra , W.S.
Mitigation and Permitting Administrator
cc: John Dorney, DWQ
Candice Heintz, City of Charlotte
Gregg Antemann, CWS
Attachments Figuresl-3
DWQ Water Quality Certification, June 18, 2002
?? ryQ Michael F. Easley
\O
G
C r Governor

. > y William G. Ross, Jr., Secretary

Depart
ment of Environment and Natural Resources
o ?
Alan Klimek, Director
Division of Water Quality
June 18, 2002
DWQ# 02-0638
Mecklenburg County
Ms. Candice Heintz
City of Charlotte .
600 East Fourth Street
Charlotte, NC, 28202
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Heintz:
You have our approval, in accordance with the attached conditions, to place permanent fill in 268 linear feet of an
unnamed tributary to Sugar Creek in order to construct a road crossing and storm water outfall associated with the Asbury
Avenue Extension project in Charlotte, Mecklenburg County, as described in your application received by the Division of
Water Quality on April 26, 2002. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Numbers 3353 and 3375. This Certification allows you to use Nationwide Permit Numbers 13
and 14 when issued by the U.S. Army Corps of Engineers. 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, Non-Discharge
and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification. (This Certification replaces the one issued May 31, 2002.)
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 in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation is required for stream impacts. 268 linear
feet of stream restoration is required at a 1:1 ratio at the Sedgefield Park Branch Stream Restoration Project in
Mecklenburg County. This mitigation plan was approved by DWQ on March 29, 2001 under the name "Springdale
Avenue Stream Restoration," DWQ Project No. 00-0061. DWQ shall be copied on an accounting form or
memorandum demonstrating the debit of credits from this mitigation site within two (2) months of the 404 Permit
issued for this project. If DWQ does not receive a copy of this written agreement, then this 401 Certification will be
rescinded and not re-issued until an alternative means of providing the required 1:1 restoration is approved by
DWQ;
2. The enclosed "Certification of Completion Form" is to be used to notify DWQ when all work included in the 401
Certification has been completed.
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 1506 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 Mike Parker in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in Raleigh
at 919-733-9721.
North Carolina Division of Water Quality, 401 Wetlands CergcaliprAnit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlandst
*M3

W
O
W
.-
z
r?

X 0 00
x
cn
0 x0
0(a

0
Q-
in 0-
cn c

Xi.
co

Vn
CD

CD
n
z CD D D'
n Q ?
0
o
0 0
co CD
CD 0
n
0
%
0
=y.
o

%fol M
0 x ?
CD
w
° cu
w o
o c
n
3 ?
. CJ)
0 o rn
0

w CD
cn go 0

o o
cn

o ? e a
e

O s
s
1
• C
a a
r ?

D

a
D

w

?XO
cc
rn
cn
m
r
O
_rt
OO
N
O
Q.
2
a
0
0
cc
c
O
O
7.7
0
P?
cn
CD
Q
n
CD
Q.

m

0
d
Im=3
? cfl
co
C
z
m

N
O
O
O
N
O
O
.A
0
0
rn
O
O
Cb
0
0
0
0
0
CD
CD
I
-1 Cn (?/ C7
X N N N
rt a)
CD
N n
UT CD
ai
co
n)
CL
m
a?
0
CD
N
m

K'
n
O
CD
Z
O
n
0

^^=7
?O
rn O
m cn
3
0 -?
CD
3 O
<
CD
?3
r CD
O
0
- • Qo
O
cn

D
C
D
m
c
cD
m
x
m
o'

n
O
CD
O
1
3
cn
n•
CD
cn

-Cc
s n
CD ..
>,oq A.
.s
'ea
At f
71
ark • ,tis ?;=.v,'k,?'"1E. „7'._?., ?:.'-. ..
Cl)
CD
ca
?. O
Q ?
y
CQ
z
ca
c
m
w
D
N
C
O
O
O
-06
O
O
co
O
0
N
O
W
N
O
1'I
(D
(D
4. ?
c.Q
.wt
v
' C
° C
X o 3 -
o CL
o v

w
' a
cn O O
ca.

cn
D X X
3

D
CD
3 3
CD CD

(D
Q
CQ
CD
h
D rn
C7 QL

C/) ?
o D
< c? pD

CL ?
Z
C:
0 CD 0
-
:37
D
rn =37
C/)
CD ? ?
? c w
o cu
• 3
.
D :
90 cn

e--h
O

r-i-
0

0
0
CD
cn
O
3
CD
VJ
CD
nCD
cn