20040454 Ver 1_Complete File_20040324

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Michael F. Easley, Governor
William'G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

March 30, 2004
Mecklenburg County
DWQ Project #: 04-0454

APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE

City of Charlotte Storm Water Services
600 East Fourth Street
Charlotte, NC 28202

Subject Property: 5320 Old Pineville Road Maintenance Project

You have our approval, in accordance with the attached conditions, to impact 35 feet of intermittent
stream for the purpose of road maintenance as you described in your application dated March 23, 2004.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3399 and 3376, which may be viewed on our website at
http://h20.enr.state.nc.us/ncwetlands.This certification allows you to use Nationwide Permit Numbers
3 and 13 when the Corps of Engineers issues it. 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. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise
specified in the General Certification.

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. If the property is sold, the new owner must be given a copy of this 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.

Conditions of Certification:

Certification of Completion

1. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent'modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

Page 2
City of Charlotte Storm Water Maintenance
March 30, 2004

Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.

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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Dorney at 919-733-1786 or Daryl Lamb at our
Winston-Salem Regional Office at 336-771-4600.

Sincerely,

JRD/bs

im~ry.' Director .

Attachments

cc: Corps of Engineers Asheville Field Office
Winston-Salem DWQ Regional Office
File copy
Central Files
Carolina Wetland Services, 5000 Nations Crossing Road, Suite 230, Charlotte, NC 28217

II iTiD
WATER
Sef'lices ~

040454

", ; : .~\ !,':- f

MAR 2 4 2004 //0'" .,
'-L(i,f{'l..""
. . "fe} ?' ~/l,f ~
J /ili
401 ~SSUeoch23,2004

Mr. John Dorney
North Carolina Division of Water Quality
Wetlands/401 Unit -
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604

Subject:
,

Pre-Construction Notification Pursuant
to Nationwide Permit Nos. 3 and 13
City of Charlotte Storm W ater S~rVi.ces
5320 Old Pineville Road Maintenance Project
Charlotte, North Carolina

Dear Mr. Dorney:

City of Charlotte St~mn Water Services (CSWS) is submitting a Pre-Construction'
Notification pursuant to Nationwide Permit Nos. 3 and 13 for the 5320 Old Pineville
Road Maintenance Project. The project is located in Charlotte, North Carolina,
approximately 800 feet north of the Tyvola Road - Old Pineville Road intersection
(Attachment A - Figure 1). The purpose of this proj ect is to improve existing storm
water infrastructure, redu~e stream bank erosion and flooding, and to prevent further
property loss. The project is proposing 35liIiear feet of impacts under NWP 13 to an
unnamed tributary of Kings Branch. .We are sending you seven copies of this
submittal in accordance with the notification requirements for NWP No. 13, effective
March 18, 2002.

rfyou have any questions concerning this project, don't hesitate to contact me at
[e-mail] or [phone]. Thank you for your attention to this
matter.

Sincerely,

~

~ =:- \?

Jarrod J. Karl
Wetland. Specialist

To report drainage problems: 336-RAIN

Printed on recvcled DaDer.

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Carolina Wetland Servi~~sSu.
" iI.' /;. r;; ~'''' ~D
~" (V'. /Ii. "), "'-'Gr.'.

".'(g .1/ IIi

Pre-Construction Notification Pursuant to
Nationwide Permit Nos. 3 and 13

5320 Old Pineville Road Maintenance Project
Charlotte, North Carolina
Carolina Wetland Services Project No. 2004-0586

March 23, 2004

\~

Mf>,R 2 4: 2,004

Prepared For:

The City of Charlotte Storm Water Services
600 East Fourth Street
Charlotte, North Carolina 28202
[phone]

Prepared By:

Carolina W etland Services~ Inc.
5000 Nations Crossing Road, Suite 230
Charlotte, North Carolina 28217
[phone]

5000 Nations Crossing Road, Suite 230 . Charlotte, NC 28217 . [phone] Office. [phone] Fax
www.carolinawetlandservices.com

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5320 Old PineviIIe Road Maintenance Project
Nationwide Permit Nos. 3 and 13 Application

March 23, 2004
Proiect No. 2004-0586

Table of Contents

Executive Summary....... .............. ..... ................................ ...... ......:......... .......... .......... ............. .............. 1

Existing Conditions............................... ............ .......... .......................... .......... ............... ...... .... ............. 2

Current Land Use........ .................. ................... .......... ......... ................ ... .......... ........ ...... ...... ............... 2
Jurisdictional Delineation........... ......................................... ...,....... .......... ....... ...................... ............. 2

Results.......................................................................................................................... ...................... 3

Agency Correspondence.. ....................... ....... ..... ....... ...................... ...... ...... ...... ......... .... ...... .... ...... ....... 3

Cultural Resources ...................... ........ .................. ................. .................... ....... .............. ................... 3

Protected Species.... ......................... .......................... ................. .... ...................... .......... ...... ............. 3

Purpose and Need for the Project ...................................................... .................................................... 4
Avoidance and Minimization...................... ........... ..,......................... ........ ............................ ........ ....... 4
Proposed Impacts to Jurisdictional Waters..... ................. .................. ....... ......... ....... ................ ............. 4

Compensatory Mitigation ............... ........... ........................ ..., ................ ...................... ............ ............... 4

List of Attachments

Attachment A - Figure 1. USGS Site Location Map
Attachment A - Figure 2. NRCS Soil Survey
Attachment A - Figure 3. Approximate Jurisdictional Boundary Field Map
Attachment B - Pre-Construction Notification Application - Nationwide Permit Nos. 3 and 13
Attachment C - Routine On-Site Data Form
Attachment D - Stream Classification Forms
Attachment E - Representative Photographs
Attachment F - Figure 4. Proposed Impacts

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5320 Old Pineville Road Maintenance Project
Nationwide Permit Nos. 3 and 13 Application

March 23, 2004
Project No. 2004-0586

Executive Summary

The 5320 Old Pineville Road Maintenance Project is located in Charlotte, North Carolina,
approximately 800 feet north ofthe Old Pineville Road - Tyvola Road intersection
(Attachment A - Figures I and 2). The purpose of this project is to prevent further erosion by
adding a new headwall and replacing rip rap to protect an existing pipe system, adding a gabion
wall, and clearing debris from the channel. Charlotte Storm Water Services (CSWS) has
contracted Carolina Wetland Services, Inc. (CWS) to provide permitting services for this project.

The results of the on-site field investigation conducted by CWS indicate that there is one
jurisdictional stream channel (Stream A) located within the project limits
(Attachment A - Figure 3). Unavoidable impacts associated with this project total
approximately 35 linear feet of Perennial Stream A (Attachment F - Figure 4). On behalf of
CSWS, CWS is submitting a Pre-Construction Notification application with attachments in
accordance with Water Quality Certification No. 3353 (Attachment B).

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5320 Old PineviIIe Road Maintenance Project
Nationwide Permit Nos. 3 and 13 Application

March 23,2004
Project No. 2004-0586

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Existing Conditions

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The 5320 Old Pineville Road Maintenance Project is located in Charlotte, North Carolina,
approximately 800 feet north of the Old Pineville Road - Tyvola Road intersection
(Attachment A - Figures 1 and 2). The purpose of this project is to prevent further erosion by
adding a new headwall and replacing rip rap to protect an existing pipe system, adding a gabion
wall, and clearing debris from the channel. Charlotte Storm Water Services (CSWS) has
contracted Carolina Wetland Services, Inc. (CWS) to provide permitting services for this project.
The following sections describe the existing conditions ofthe project area.

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Current Land Use

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The current land usages for the project area consist of commercial, industrial, and office. Dominant
vegetation includes Chinese privet (Ligustrum sinense), Japanese honeysuckle (Lonicerajaponica),
eastern red cedar (Juniperus virginiana), sweetgum (Liquidambar styraciflua), red maple (Acer
rubrum), and tall fescue (Festuca arundinacea). According to the Soil Survey of Mecklenburg
County!, on-site soils consist of Cecil-sandy clay loam, 2 to 8 percent slopes (CeB2). This soil type
is well-drained and exhibits moderate permeability and medium water capacity.

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Jurisdictional Delineation
On March 3,2004, CWS's Kip Kerecman investigated on-site jurisdictional waters of the U.S.2
using the U.S. Army Corps of Engineers (USACE) - Routine On-site Determination Method. This
method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual.3 No wetland
areas were identified within the project limits. A Routine On-Site Data Form representative of
on-site non-jurisdictional upland areas has been included as Attachment C. Jurisdictional waters of
the U.S. were classified according to recent North Carolina Division of Water Quality (NCDWQ)4
and USACE guidance. NCDWQ Stream Classification and USACE Intermittent Channel
Evaluation Forms for Stream A have been included as Attachment D.

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1 United States Department of Agriculture (USDA), 1980. Soil survey of Mecklenburg County, North Carolina.
2 "Jurisdictional waters of the U.S." includes essentially all surface waters such as: all navigable waters and their tributaries, all
interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these waters.
J Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-l, US Army Engineer
Waterways Experiment Station, Vicksburg, Mississippi.
4 North Carolina Division of Water Quality Stream Classification Method. Version 2. O. 1999.

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5320 Old PineviIle Road Maintenance Project
Nationwide Permit Nos. 3 and 13 Application

March 23, 2004
Proiect No. 2004-0586

Results

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The results of the on-site field investigation indicate that there is one jurisdictional stream channel
(Stream A) located within the project limits (Attachment A - Figure 3). Stream A is an unnamed
tributary to Kings Branch. Kings Branch is part of the Catawba River basin
(HU# 03050103)5 and is classified as "Class C" waters by the NCDWQ. ~

Stream A emanates from a pipe underneath Old Pineville Road and flows west between the
businesses located at 5320 and 5318 Old Pineville Road. (Attachment A - Figure 3). Stream A
was evaluated to be Perennial and exhibited an average ordinary high water width of three feet
and a substrate consisting of silt to coarse sand. Biological sampling within Stream A resulted in
a weak presence of benthic macroinvertabrates (dragonfly larva) and crayfish. Perennial Stream
A scored 23.5 out of a possible 71 points on the NCDWQ Stream Classification Form and 37 out
of 100 on the USACE Stream Quality Assessment Worksheet (Attachment D - SCPl).
Photographs of of Stream A have been included as Attachment E - Photographs A and B.

Agency Correspondence

Cultural Resources
A letter was forwarded to the State Historic Preservation Office (SHPO) on February 26,2004 to
determine the presence of any areas of architectural, historic, of archaeological significance that
would be affected by the project. As ofthe date of this submittal, a response from SHPO has not
been received.

Protected S pedes
A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on
February 26, 2004 to determine the presence of any federally-listed species or critical habitat
located within the project area. As of the date ofthis submittal, a response from NCNHP has not
been received.

5 "HU#" is the Hydrologic Unit Code. Hydrologic Unit Map, State of North Carolina, U.S. Geological Survey. 1974.

3

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5320 Old PineviIIe Road Maintenance Project
Nationwide Permit Nos. 3 and 13 Application

March 23, 2004
Project No. 2004-0586

Purpose and Need for the Proj ect

Stream A conveys a large volume of water during high flow events. These events are causing
severe erosional damage to the left bank behind the business at 5320 OldPineville Road,
resulting in the loss of property. The stream bank has eroded and exposed the concrete footing
of a fence post and is threatening the parking lot (Attachment E - Photograph B). The purpose
of this project is to upgrade the existing storm drainage infrastructure and channel profile to
adequately convey storm flows and to stabilize a portion of the channel's bank using a gabion
wall.

Avoidance and Minimization

Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent
practicable. The project design has also limited the length of gabion basket to the minimal
length necessary to prevent property loss. Proper sediment and erosion control measures will be
used to minimize disturbances to downstream waters.

Proposed Impacts to Jurisdictional Waters

Proposed impacts under NWP No. 13 will total approximately 35 bank feet of Stream A. These
impacts will result from the placement of a series of gab ion baskets 35 linear feet in length along
the left bank of Stream A (Attachment F - Figure 4). In addition, channel excavation will occur
throughout the channel to remove blockages and improve the channels profile and drainage
capability. On behalf of CSWS, CWS is submitting a Pre-Construction Notification application
with attachments in accordance with Water Quality Certification No. 3353 (Attachment B).
In addition to the gabions, CSWS will be adding a headwall and replacing the rip rap apron at the
culvert outfall. No additional impacts are expected to be completed under NWP No.3.

Compensatory Mitigation

Given the limited extent of the proposed impacts, no mitigation is currently being proposed for
this project. These activities will result in an overall benefit to the water quality of downstream
waters by reducing bank erosion and downstream sediment loading.

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Carolina Wetland Services
5000 Nations Crossing Road, Suite 230
Charlotte, North Carolina 28217
Phone: [phone]

Figure 1. USGS Site Location Map
5320 Old Pineville Road Maintenance Project
Charlotte, North Carolina
CWS Project No. 2004-0586

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PREPARED BY

P't\~

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DATE

'2./ f..5 I b '\

CHECKED BY

DATE

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\t~l~ Carolina Wetland Services
{~I r 5000 Nations Crossing Road, Suite 230
~~ '~ Charlotte, North Carolina 28217
.}, Phone: [phone]
~ .14~
PREPARED BY
PPrtL..

:3. l~.()

Figure 2. NRCS Soil Survey
5320 Old Pineville Road Maintenance Project
Charlotte, North Carolina
CWS Project No. 2004-0557

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CHECKED BY

DATE

'(..1.).

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JURISDICTIONAL AREAS WERE APPROXIMATED IN THE FIELD
BY CWS ON 3/3/04. THESE AREAS
HAVE NOT BEEN VERIFIED BY THE USAGE.

I LEGEND

IMPORTANT INTERMITTENT CHANNEL

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PROPERTY BOUNDARY

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PHOTO LOCATION AND DIRECTION

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DATA POINT LOCATION

STREAM CLASSIFICATION POINT

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REFERENCES: STREET. BUILDING. AND TAX PARCEL GIS LAYERS
PROVIDED BY MECKLENBURG COUNTY, 2002, ALL OTHER LAYERS CREATED BY
CAROLINA WETLAND SERVICES. 2004.

APPROXIMATE SCALE: 1" = 100'

Carolina Wetland Services
5000 Nations Crossing Road, Suite 230
Charlotte, North Carolina 282 I 7
5320 Old PineviJle Road Maintenance Project
Figure 3 Approximate luisdictional Boundary Field Map
Charlotte, North Carolina
CWS Project No. 2004-0586
PREPARED BY DATE CHECKED BY DATE
KJK 3/12/04 GCA
3/12/04

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Office Use Only:
April 2001

Form Version

USACE Action ID No.

DWQ No~

If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A"
rather than leaving the space blank.

I. Processing

1. Check all ofthe approval(s) requested for this project:
IZI Section 404 Permit
o Section 10 Permit
~ 401 Water Quality Certification
o Riparian or Watershed Buffer Rules

2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide Permit Nos. 3 and 13

3. If this notification is solely a courtesy copy because written approval for the 401
Certification is not required, check here: 0

4. . If payment into the North Carolina Wetlands Restoration Program (NCWRP) is
proposed for mitigation of impacts (see section VIII - Mitigation), check here: 0

II. Applicant Information

1. Owner/Applicant Information
Name: City of Charlotte Storm Water Services, Contact: Mr. Jarrod J. Karl
Mailing Address:600 East Fourth Street
Charlotte, North Carolina 28202

Telephone Number: [phone]
E-mail Address:ikarl(2l}ci.charlotte.nc.us

Fax Number: [phone]

2. Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation: N/ A
Mailing Address: N/ A

Telephone Number: N/ A
E-mail Address: N/ A

Fax Number: N/A

Page 1 00

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III.

Project Information

1. Name of project: 5320 Old Pineville Road Maintenance Proiect

2. T.I.P. Project Number (NCDOT Only): N/ A

3. Property Identification Number (Tax PIN): 16908406

4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): N/A
Dire,ctions to site (include road numbers, landmarks, etc.): From Charlotte travel
south on Interstate 77 (1-77) until the Woodlawn Rd. exit. Travel east on Woodlawn
to Old Pineville Rd. Turn right onto Old Pineville Rd. The site is located at 5320
Old Pineville Rd.

5. Site coordinates, if available (UTM or Lat/Long): W800 52'41.4" N3So 10' 3.4"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately
lists the coordinates for each crossing of a distinct waterbody.)

6. Describe the existing land use or condition of the site at the time of this application:
The existing land use of the proiect area is commercial and industrial.

7. Property size (acres): 0.97 acre

8. Nearest body of water (streamJriver/sound/ocean/lake): Kings Branch

9. River Basin: Catawba River
(Note - this must be one of North Carolina's seventeen designated major river basins.
The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

10. Describe the purpose of the proposed work: Stream A conveys a large volume of
water during high flow events. These events are causing severe erosional damage to
the left bank behind the business at 5320 Old Pineville Road, resulting in the loss of
property. The stream bank has eroded and exposed the concrete footing of a fence
post and is threatening the parking lot (Attachment E - Photograph B). The purpose
of this proiect is to upgrade the existing storm drainage infrastructure and channel
profile to adequately convey storm flows and to stabilize a portion of the channel's
bank using a gab ion wall. .

11. List the type of equipment to be used to construct the project: A trackhoe and typical
excavation equipment will be used for this proiect.

12. Describe the land use in the vicinity ofthis project: The land use surrounding the
proi ect is mainly industrial and commercial.

Page 2 of7

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IV.

Prior Project History

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Road construction and installation of the existing storm water culvert. Details unknown

V.

Future Project Plans

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There are no future proiect plans for this site.'

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VI.

Proposed Impacts to Waters of the United States/Waters of the State

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Wetland Impact Located within Distance to
Area ofImpact IOO-year
Site Number Type of Impact* (acres) Floodplain** Nearest Stream TypeofWetland***
(indicate on map) (yes/no) (linear feet)
N/A

1. Wetland Impacts

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* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing,
grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and
flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate
Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-
800-358-9616, or online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver
pond, Carolina Bay, bog, etc.)

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List the total acreage (estimated) of existing wetlands on the property: N/ A
Total area of wetland impact proposed: N/A

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2. Stream Impacts, including all intermittent and perennial streams

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Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
Stream A Gabion wall 35 bf Unnamed Tributary to 3' Important
Kings Branch Intermittent

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated
rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and
net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc.
If stream,relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams
must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the
nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or
online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g.,
www.topozone.com, www.mapquest.com, etc.).

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Cumulative impacts (linear distance in feet) to all streams on site: 35 bank feet

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Page 3 00

Open Water Impact Area of Name of Water body Type of Waterbody
Site Number Type ofImpact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A

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*

3. Open Water Impacts, including Lakes, Ponds; Estuaries, Sounds, Atlantic Ocean and
any other Water of the U.S. N/A

List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: fill, excavation,
dredging, flooding, drainage, bulkheads; etc.

4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should
be included above in the wetland and stream impact sections. Also, the proposed
pond should be described here and illustrated on any maps included with this
application.
Pond to be created in (checkall that apply): D uplands D stream D
wetlands
Describe the method of construction (e.g., darn/embankment, excavation, installation
of draw-down valve or spillway, etc.):N/A

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout
pond, local stormwater requirement, etc.):N/A

Size of watershed draining to pond: N/ A
Expected pond surface area: N/ A

VII. Impact Justification (Avoidance and Minimization)

Impacts to on-site jurisdictional waters. of the U.S. have been reduced to the maximum
extent practicable. The project design has also limited the length of gabion wall to the
minimal length necessary to prevent property loss. Proper sediment and erosion control
measures will be used to minimize disturbances to downstream waters.

VIII. Mitigation

Given the limited extent of the proposed impacts. no mitigation is currently being
proposed for this project. These activities will result in an overall benefit to the water
Quality of downstream waters by reducing bank erosion and downstream sediment
loading.

Page 4 of7

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1. Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP) with the NCWRP's written agreement. Check the
box indicating that you would like to pay into the NCWRP. Please note that payment
into the NCWRP must be reviewed and approved before it can be used to satisfy
mitigation requirements. Applicants will be notified early in the review process by
the 40l/Wetlands Unit if payment into the NCWRP is available as an option. For
additional information regarding the application process for the NCWRP, check the
NCWRP web site at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is
proposed, please check the appropriate box on page three and provide the following
information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/ A

IX. Environmental Documentation (DWQ Only)

Does the project involve an expenditure of public funds or the use of public
(federal/state/local) land?
Yes ~ No 0

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act
(NEP AlSEP A)? Note: If you are not sure whether a NEP AlSEP A document is required,
call the SEP A coordinator at [phone] to review current thresholds for
environmental documentation.
Yes 0 No ~

If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEP A or SEP A final approval letter.
Yes 0 No 0

X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts
to required state and local buffers associated with the project. The applicant must also
provide justification for these impacts in Section VII above. All proposed impacts must
be listed herein, and must be clearly identifiable on the accompanying site plan. All
buffers must be shown on a map, whether or not impacts are proposed to the buffers.
Correspondence from the DWQ Regional Office may be included as appropriate.
Photographs may also be included at the applicant's discretion.

Page 5 on

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XI.

XII.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules
and Water Supply Buffer Requirements), or other (please identifY: )?
Yes 0 No lZl If you answered "yes", provide the following
information:

IdentifY the square feet and acreage of impact to each zone of the riparian buffers. If
buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers. N/A

Zone* Impact Multiplier Required
(square feet) Mitigation
1 3
2 1.5
Total

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 1 extends an
additional 10 feet from the edge of Zone I.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund).
Please attach all appropriate information as identified within 15A NCAC 2B .0242 or
.0260.
N/A

Stormwater (DWQ Only)

Describe impervious acreage (both existing and proposed) versus total acreage on the
site. Discuss stormwater controls proposed in order to protect surface waters and
wetlands downstream from the property.
Sources of nearby impervious cover include roads, driveways, and rooftops. This proiect
will not cause an increase in the impervious coverage of the proiect area.

Sewage Disposal (DWQ Only)

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 6 of7

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XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or .any Buffer Rules?
Yes D No IZI

Is tlris an after-the-factpermit application?
Yes D No IZI

XIV. Other Circumstances (Optio,nal):

It is the applicant's responsibility to submit the application sufficiently in advance of
desired construction dates to allow processing time for these permits. However, an
applicant may choose to list constraints associated with construction or sequencing that
may impose limits on work schedules (e.g., draw-down schedules for lakes, dates
associated with Endangered and Threatened Species, accessibility problems, or other
issues outside ofthe applicant's control).
Construction is scheduled to begin immediately following receipt of the appropriate
permits.

. - ~e .Y~f/~'1

APPli~ Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 7 00

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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)

Project/Site: 5320 Old Pineville Road Maintenance Project Date: 03/03/04
Appl icant/Owner: Charlotte Storm Water Services County: Mecklenburg
Investigator( s): Kip Kerecman State: NC
Do Normal Circumstances exist on the site? ~ No Community 10: upland
Is the site significantly disturbed (Atypical Situation)? Yes @ Transect 10:
-
Is the area a potential Problem Area? Yes @ Plot 10: DPl
(If needed, exolain on reverse.)

VEGETATION

Dominant Plant Soecies Stratum Indicator Dominant Plant Soecies Stratum Indicator
1 . Juniperus virginiana tree FACU- 9. Acer rubrum tree FAC
2. Liquidambar styraciflua tree FAC 10.
3. Ligustrum sinense shrub FAC 11.
4. Lonicerajaponica vine FAC- 12.
5. Platanus occidentalis tree FACW 13.
6. Toxicodendron radicans vine FAC 14.
7. Prunus serotina tree FACU 15.
8. Hedera helix vine -- 16.
Percent of Dominant Species that are OSL, FACW or FAC
67%
Remarks:
More than 50% of dominant vegetation is FAC or wetter.

HYDROLOGY

- Recorded Data (Describe in remarks): Wetland Hydrology Indicators:
- Stream, Lake'or Tide Gauge Primary Indicators:
_ Aerial Photographs - Inundated
- Other Saturated in Upper 12 Inches
X No Recorded Data Available - Water Marks
- Drift Lines
Field Observations: _ Sediment Deposits (on leaves)
_ Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.) Secondary Indicators (2 or mor~ required):
_ Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: NA (in.) - Water-Stained Leaves
_ Local Soil Survey Data
Depth to Saturated Soil: >12 (in.) - FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
WetIand hydrology indicators are absent.

Routine On-Site Data Form - DP1 Upland

Page 1 of2

3/18/2004

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SOilS

Map Unit Name
(Series and Phase): Cecil sandy clay loam. 2-8% slopes Drainage Class well drained
Field Observations
Taxonomy (Subgroup): thermic Tvnic Hanludults Confirm Mapped Type? Yes No
Profile Descrintion:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-2 " A 10 YR 3/4 N/A N/A clay loam
2-12" B 5YR 4/6 N/A N/A sandy loam
- Histosol - Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
- Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _ Listed on Local Hydric Soils List (Inclusions)
_ Reducing Conditions _ Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
Hydric soil indicators are absent.

WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks:

No (Circle

Yes
Yes
Yes

(Circle)
Is this Sampling Point Within a Wetland? Yes No

Data point is representative of a non-jurisdictional upland area.

Approved by HQUSACE 2/92

Routine On-Site Data Form - DP1 Upland

Page 2 of2

3/18/2004

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NCDWO Stream Classification Form SCP 1- Perennial Str.eamA
Project Name: 5320 Old Pineville Road Maintenance Proiect River Basin: Catawba County: Mecklenburg Evaluator(s): Kip J. Kerecman
DWQ Project Number: Nearest Named Stream: KingS Branch Signature(s): II.J 1<-
Date: 3/3/04 USGS QUAD: Charlotte East Longitude: 80052'41.4" Latitude: 35010'3.4"
Location/Directions: From Charlotte take 1-77 south for approximately 4 miles to Woodlawn Road (exit 6a). Take Woodlawn Road east for
approximately 0,6 mile to Old Pineville Road. Turn right onto Old Pinevi1le Road, the site is on the right and is located at 5320 Old Pineville Road.

1

*PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary~ Also, if in the best professional judgement of the evaluator, the
feature is a man;'made ditch and not a modified natural stream--this rating system should not be used*
Primary Field Indicators: (Circle One Number Per Line)

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I. Geomorpholo!!V
1) Is There A Riffle-Pool Seauence?
2) Is The USDA Texture In Streambed
Different From Surrounding Terrain?
3) Are Natural Levees Present?
4) Is The Channel Sinuous?
5) Is There An Active (Or Relic)
Flood lain Present?
6 Is The Channel Braided?
7) Are Recent Alluvial Deposits Present? 0
8) Is There A Bankfull Bench Present? 0
9) Is A Continuous Bed & Bank Present? 0
('NOTE: If Bed & Bank Caused By Ditchinf! And WITHOUT Sinuosity Then Score=O*)
10) Is A 2nd Order Or Greater Channel (As Indicated
On Topo Map And/Or In Field) Present? Yes=3
PRIMARY GEOMORPHOLOGY INDICATOR POINTS:-1JL

No=jg

Absent
o

Weak
lM

Moderate
2

o
lij
o

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lM

~
2
2

1

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2
2
I3l
2
2

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II. Hvdrolo!!V
1) Is There A Groundwater
Flow/Discharge Present?
PRIMARY HYDROLOGY INDICATOR POINTS: 2

Absent

Weak

Moderate

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III. Biolo!!V
1) Are Fibrous Roots Present In Streambed?
2 Are Rooted Plants Present In Streambed?
3 Is Peri h ton Present?
4 Are Bivalves Present?
PRIMARY BIOLOGY INDICATOR POINTS:~

Absent
3

Weak
2
2
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Moderate
lM
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2
2

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Secondarv Field Indicators: (Circle One Number Per Line)

I. Geomorpholo2V
1 Is There A Head Cut Present In Channel?
2 Is There'A Grade Control Point In Channel?
3) Does Topography Indicate A
Natural Drainage Way?
SECONDARY GEOMORPHOLOGY INDICATOR POINTS:

Absent Weak Moderate
0 O. I
0 O. I
0 M
1.5

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II. Hydrolo!!V Absent Weak
1) Is This Year's (Or Last's) Leaflitter
Present In Streambed? 1.5 I
2 Is Sediment On Plants Or Debris Present? O' 0.5
3 Are Wrack Lines Present? 0 0.5
4) Is Water In Channel And >48 Hrs. Since 0 0.5
Last Known Rain? ('NOTE: If Ditch Indicated In #9 Above SkiD This SteD And #5 Below')
5) Is There Water In Channel During Dry 0 IQ]
Conditions Or In Growing Season)?
6) Are Hvdric Soils Present In Sides Of Channel (Or In Headcut)? Yes=l.5
SECONDARY HYDROLOGY INDICATOR POINTS: 3.5

No=jg

Moderate

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III. Biolo!!V
1 Are Fish Present?
2 Are Am hibians Present?
3 Are A uatic Turtles Present?
4 Are Cra fish Present?
5 Are Macrobenthos Present?
6) Are Iron Oxidizing Bacteria/Fungus Present?
7) Is Filamentous Algae Present? .
8) Are Wetland Plants In Streambed?
(* NOTE: I(Total Absence OIAll Plants In Streambed
As Noted Above SkiD This SteD UNLESS SA V Present*l.
SECONDARY BIOLOGY INDICATOR POINTS: 2.5

I TOTAL POINTS (Primary + Secondary)= 23.5 (lfGreater Than Or Equal To 1.2. Points The Stream Is At Least Intermittent)

Weak
0.5
0.5
0.5
O.
O.
0.5
0.5
Mostly OBL
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Moderate
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Mostly FACW
0.75

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o
o
o
lij
SAY
2

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MostlyFAC
IQ]

1

Stronl!
3

3
3
3

3
3
3
3
~

Stronl!

3

Stronl!
o
o
3
3

Stronl!
1.5
L5

1.5

Stronl!

lij
L5
1.5
1.5

1.5

Stronl!
1.5
1.5
L5
1.5
1.5
1.5
1.5
Mostly FACU
o

Mostly UPL
o

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OFFICE USE ONLY:

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USACE AID# DWQ #
SCP 1 - Perennial Stream A

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STREAM QUALITY ASSESSMENT WORKSHEET

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1. Applicant's Name: Charlotte Strom Water Services
3. Date of Evaluation: 3/3/04

2. Evaluator's Name:

Kip Kerecman

5. Time of Evaluation: 10:00 am

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5. Name of Stream: Unnamed tributary of KingS Branch 6. River Basin: Catawba River

7. Approximate Drainage Area: 8 Acres 8. Stream Order: 1st

9. Length of Reach Evaluated: 275 linear feet 10. County: Mecklenburg

11. Location of reach under evaluation (include nearby roads and landmarks): From Charlotte take 1-77 south for approximately 4

miles to Woodlawn Road (exit 6a). Take Woodlawn Road east for approximately 0.6 mile to Old PinevilleRoad. Turn right onto

Old Pineville Road, the site is on the right and is located at 5320 Old Pineville Road.

12. Site Coordinates (ifknown): N350lO'3.4" W800 52'41"

13. Proposed Channel Work (if any): Headwall placement. channel excavation, and gab ion basket placement
\
14. Recent Weather Conditions: Extensive snow melt within 48 hours

15. Site conditions at time of visit: Sunny,600F

16. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat

_Trout Waters _Outstanding Resource Waters Nutrient Sensitive Waters _Water Supply Watershed_(I-IV)

17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area:

18. Does channel appear on USGS quad map? YES NO 19. Does channel appear on USDA Soil Survey? YES NO

20. Estimated Watershed Land Use: L% Residential ~% Commercial -.li.% Industrial _% Agricultural

~% Forested _% Cleared / Logged _% Other ( - )

21. Bankfull Width: 3' 22. Bank Height (from bed to top of bank): 3-4'

23. Channel slope down center of stream: _Flat (0 to 2%) ~Gent1e (2 to 4%) _Moderate (4 to 10%) _Steep (>10%)

24. Channel Sinuosity:_Straight ~Occasional Bends_Frequent Meander _Very Sinuous _Braided Channel

Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches ,that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score
of lOa representing a stream of the highest quality.

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Total Score (from reverse):

37

Comments:

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Evaluator'sSignature ~~~~~ Date '3/IP/&Y
This channel evaluation fofm is tiitended to be used only as a guide to assist landowners ahd lnvironmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make' a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26.

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STREAM QUALITY ASSESSMENT WORKSHEET

* These characteristics are not assessed in coastal streams.

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5320 Old Pineville Road Maintenance Project
Nationwide Permit Nos. 3 and 13 Application

March 23, 2004
Proiect No. 2004-0586

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"'.~
. !.;olI~

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Photograph B. View of eroding banks along Stream A

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fI)

l-e'te.I'1 d

.<... < < :fwtSJ.\. -ho'lAI
s.+r~"""" ""'lIMit
~ ?fOylY.>f!;! .
~~ . c.,\IO,,>>,.. fl.." ~~

1;>( "-.,L I Y 1"11 p6e J.
f-,-/. k 6A-?IOl'\ WA l(

C h~,,,\ 1....., l(
~~<.e

[) t: j-.'s.lv") -rol'.us

...

SC?l/G

o

1/ /
::: LID

5~\ e

\ 17 !o(..\l:~ e$
C.Ji l% '^ () t
~ -{"'l1)V (.. \
j'\e.. -in vOoJ..';)hoV. "(

hJ-

15' RIP RAP REPLACEMENT
NWP NO.3.

PROPOSED 35'
GABION RETAINING WALL
NWP NO. 13

53~,O

Carolina Wetland Services
5000 Nations Crossing Road, Suite 230
Charlotte, North Carolina 28217

REFERENCE: SKETCH PLAN PROVIDED BY CHARLOTTE STORM WATER SERVICES,
DATED 2004.

PREPARED BY
It\tlt-

Figure 4. Proposed Impacts
5320 Old Pineville Road Maintenance Project
Charlotte, North Carolina
CWS Pro"ect No. 2004-0586

CHECKED
c;CPr