Public Notice

SAW-2012-01562

Published Dec. 27, 2012
Expiration date: 1/28/2013

PUBLIC NOTICE

Issue Date: December 28, 2012

Comment Deadline: January 28, 2013

Corps Action ID #: SAW-2012-01562

The Wilmington District, Corps of Engineers (Corps) has received an application from

Charlotte-Mecklenburg Storm Water Services seeking Department of the Army authorization to

impact 1,302 linear feet of stream channel associated with the Parkwood Storm Drainage

Improvement Project, between East 13th and East 15th Streets, in Charlotte, Mecklenburg County,

North Carolina.

Specific plans and location information are described below and shown on the attached plans.

This Public Notice and all attached plans are also available on the Wilmington District Web Site

at http://www.saw.usace.army.mil/missions/RegulatoryPermitProgram.aspx

Applicant: Charlotte-Mecklenburg Storm Water Services

Charlotte-Mecklenburg Storm Water Services

Attn: Mr. Isaac Hinson

600 East Fourth Street

Charlotte, North Carolina 28202

AGENT: Carolina Wetland Services

Carolina Wetland Services

550 E. Westinghouse Blvd.

Charlotte, North Carolina 28273

Authority

The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny

the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33

U.S.C. 1344).

Location

The project area encompasses a portion of the Parkwood Neighborhood in Charlotte, North

Carolina. The project is located northeast of East Brookshire Freeway between East 13th and East

15th Streets (Figures 1). The project area contains unnamed tributaries to Little Sugar Creek.

Little Sugar Creek is a tributary that ultimately drains into the Catawba River. The Catawba

River is located in the Santee watershed and eventually drains to the Atlantic Ocean.

Specifically, the Catawba River joins the Santee-Cooper River in South Carolina before entering

the Atlantic Ocean. The Catawba River is considered Section 10 navigable water at the Mountain

Island Lake Dam on Lake Wylie in Mecklenburg County which is located several miles

downstream from the project site. The project site coordinates are 35.232098°N and

-80.825858°W.

Existing Site Conditions

The project area is approximately 117 acres in size. The current land use for the project area

consists of residential streets, commercial properties, and city streets with small adjacent wooded

areas. Typical on-site vegetation includes willow oak (Quercus phellos), Bradford pear (

Pyrus

calleryana), kudzu (Puereria lobata), broomsedge (Andropogon virginicus), and Virginia

 

plantain (Plantago virginica). An aerial photograph of the project area is attached (Figure 3).

According to the Soil Survey of Mecklenburg County, on-site soils consist of a variety of nonhydric

and hydric soils to include Cecil-Urban land complex (CuB), Monacan loam (MO), and

Urban land (Ur). Monacan soils (MO) are listed in the North Carolina Hydric Soils List for

Mecklenburg County as having hydric inclusions. This soil type exhibits inclusions (pockets) of

hydric soils, but are generally not entirely hydric in nature. Approximately five percent of the

project area is comprised of these soil types.

A portion of the project located downstream (south) of North Davidson Street is located within

the 100-year FEMA floodplain (Figure 5, attached). A Mecklenburg County Floodplain

Development Permit will be required for the portions of the project located within the 100-year

floodplain.

The results of the on-site field investigation conducted by Carolina Wetland Services indicate

that there are three jurisdictional stream channels (Streams A, B, and C) located within the

project area (Figure 6, attached). On-Site jurisdictional waters include Little Sugar Creek and

unnamed tributaries to Little Sugar Creek. Little Sugar Creek is located in the Santee River basin

(HU# 03050103). Little Sugar Creek is rated “Class C Waters” by the North Carolina Division of

Water Quality (NCDWQ). On-Site jurisdictional waters of the U.S. total approximately 3,800

linear feet (0.84 acres). No wetlands were identified within the project limits. On-Site

jurisdictional waters are summarized in Table 1 below.

A geomorphic survey and analysis was performed which included cross sectional surveys, and

photographic documentation of the stream within the project area. Channel profile and pattern

were derived from surveyed data collected. This data was used to classify each reach using the

Rosgen Level I system. The locations of the stream cross-sections are shown on Figure 7

(attached).

Three reaches were assessed using Rosgen Level I Classification methods. Reach 1 was

classified as a combination of Rosgen G and F type channels. Reach 1 is approximately 666

linear feet in length and is located between North Davidson Street and Belmont Avenue. Based

on field evaluation this stream reach exhibits the characteristics of a Rosgen G type channel

upstream of North Alexander street and a Rosgen F type channel downstream of North

Alexander Street. The stream channel lacks sinuosity and is deeply entrenched. Mean bankfull

width and depth for this reach are 20.25 feet and 1.45 feet, respectively. The average flood prone

width for this reach is approximately 35 feet. This reach displays bank height ratios of between

1.69 and 3.03, and entrenchment ratios of between 1.39 and 2.17.

Reaches 2 and 3 were classified as Rosgen G type channels. Reach 2 is approximately 359 linear

feet in length and is located between North Caldwell Street and North Davidson Street. Based on

field evaluation, this stream reach exhibits the characteristics of a Rosgen G type channel. The

stream channel lacks sinuosity and is deeply entrenched. Typical bankfull width and depth for

this reach are 12.5 feet and 1.66 feet, respectively. The average flood prone width for this reach

is approximately 24.5 feet. This reach displays bank height ratios of between 2.18 and 4.34, and

entrenchment ratios of between 1.6 and 1.76.

Reach 3 is approximately 470 linear feet in length and is located between the Norfolk Southern

Railroad line and North Brevard Street. Based on field evaluation this stream reach exhibits the

characteristics of a Rosgen G type channel. The stream channel lacks sinuosity and is deeply

entrenched. Mean bankfull width and depth for this reach are 13.3 feet and 1.62 feet,

respectively. The average flood prone width for this reach is approximately 18.35 feet. This

reach displays bank height ratios of between 3.86 and 6.22, and entrenchment ratios of between

1.19 and 1.58.

Applicant’s Stated Purpose

The purpose of this project is to reduce structure and street flooding throughout the Parkwood

neighborhood and to address channel erosion problems within the project area. Specifically, this

project will reduce flooding, dissipate high velocity storm flows at outfalls, reduce storminduced

erosion downstream of culverts and will bring this storm water system up to city design

standards to address these issues.

Project Description

The overall project will involve the replacement of existing culverts, bridge removal, installation

of rip rap aprons, stream relocation, and stream enhancement. Stream B upstream of North

Brevard Street and downstream of North Davidson Street will be enhanced by laying back the

banks and installing bankfull benches to provide improved bank stability. The stream banks will

be planted with native woody vegetation to provide bank stability. This will also result in

reduced sediment input to the stream. The existing stream channel will be realigned upstream of

Belmont Avenue to eliminate the sharp, unstable bend located south of North Alexander Street

and to create an improved entry to the new Belmont Avenue culvert. The realignment of the

stream channel will result in filling approximately 240 linear feet of the existing channel and

creating approximately 215 linear feet of new stable stream channel. The relocated channel has

been designed with natural channel design techniques and, when compared to the existing

channel, will provide improved habitat and floodplain access. Proposed impacts to Jurisdictional

Waters of the U.S. are shown on Figure 11 (attached).

Unavoidable impacts to Jurisdictional Waters of the U.S. total 1,302 linear feet of temporary and

permanent stream impacts. These impacts include 707 linear feet of permanent impacts and 595

linear feet of temporary impacts. An additional 215 linear feet of new stream channel will also be

created (Figure 11, attached). Impacts to jurisdictional waters are summarized in Tables 2 and 3,

below.

Due to the poor quality of the jurisdictional streams in the project area and the stream

enhancement work being conducted, the applicant is proposing that the project be considered

self-mitigating since the project will have an overall positive impact on the quality of Perennial

Stream B. There are a total of 707 linear feet of permanent impacts proposed. This includes the

240 linear feet of channel to be relocated. Approximately 595 linear feet of stream enhancement

is proposed and an additional 215 linear feet of stable stream channel will be constructed as part

of the relocation. The relocated stream channel will be constructed using natural channel design

principles. The stream design will maintain a low flow channel and will incorporate bankfull

benching, in-stream structures and planting with native woody plant species. In total, 810 linear

feet of Perennial Stream B will be enhanced.

Other Required Authorizations

This notice and all applicable application materials are being forwarded to the appropriate State

agencies for review. The Corps will generally not make a final permit decision until the North

Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification

required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and

this public notice combined with appropriate application fee at the North Carolina Division of

Water Quality central office in Raleigh will constitute initial receipt of an application for a 401

Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on

this request for certification within sixty days of the date of the receipt of this notice in the

NCDWQ Central Office. Additional information regarding the Clean Water Act certification

may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 512

North Salisbury Street in Raleigh, North Carolina. All persons desiring to make comments

regarding the application for certification under Section 401 of the Clean Water Act should do so

in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail

Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms. Cyndi Karoly by

January 28, 2013.

Essential Fish Habitat

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the

Magnuson-Stevens Fishery Conservation and Management Act. The Corps’ initial determination

is that the proposed project will not adversely impact EFH or associated fisheries managed by

the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine

Fisheries Service.

Cultural Resources

The Corps has consulted the latest published version of the National Register of Historic Places

and is not aware that any registered properties, or properties listed as being eligible for inclusion

therein are located within the project area or will be affected by the proposed work. Presently,

unknown archeological, scientific, prehistoric, or historical data may be located within the

project area and/or could be affected by the proposed work.

Endangered Species

The Corps has reviewed the project area, examined all information provided by the applicant and

consulted the latest North Carolina Natural Heritage Database. Based on available information,

the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed

project will have no effect on federally listed endangered or threatened species or their formally

designated critical habitat.

Evaluation

The decision whether to issue a permit will be based on an evaluation of the probable impacts,

including cumulative impacts, of the proposed activity on the public interest. That decision will

reflect the national concern for both protection and utilization of important resources. The benefit

which reasonably may be expected to accrue from the proposal must be balanced against its

reasonably foreseeable detriments. All factors which may be relevant to the proposal will be

considered including the cumulative effects thereof; among those are conservation, economics,

aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife

values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,

navigation, shoreline erosion and accretion, recreation, water supply and conservation, water

quality, energy needs, safety, food and fiber production, mineral needs, considerations of

property ownership, and, in general, the needs and welfare of the people. For activities involving

the discharge of dredged or fill materials in waters of the United States, the evaluation of the

impact of the activity on the public interest will include application of the Environmental

Protection Agency’s 404(b)(1) guidelines.

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies

and officials, including any consolidate State Viewpoint or written position of the Governor;

Indian Tribes and other interested parties in order to consider and evaluate the impacts of this

proposed activity. Any comments received will be considered by the Corps of Engineers to

determine whether to issue, modify, condition or deny a permit for this proposal. To make this

decision, comments are used to assess impacts on endangered species, historic properties, water

quality, general environmental effects and the other public interest factors listed above.

Comments are used in the preparation of an Environmental Assessment (EA) and/or an

Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act

(NEPA). Comments are also used to determine the need for a public hearing and to determine the

overall public interest of the proposed activity.

Any person may request, in writing, within the comment period specified in this notice, that a

public hearing be held to consider the application. Requests for public hearings shall state, with

particularity, the reasons for holding a public hearing. Requests for a public hearing shall be

granted, unless the District Engineer determines that the issues raised are insubstantial or there is

otherwise no valid interest to be served by a hearing.

Written comments pertinent to the proposed work, as outlined above, will be received by the

Corps of Engineers, Wilmington District, until 5pm, January 28, 2013. Comments should be

submitted to Ms. Amanda Jones, Asheville Regulatory Field Office, 151 Patton Avenue, Room

208, Asheville, North Carolina, 28801-5006.

 

Download attachment for all tables and figures.