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.