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HomeMy WebLinkAbout19970603 Ver 1_COMPLETE FILE_19970709DEM ID: ACTION ID: a Nationwide Permit Requested (Provide Nationwide Permit #): No. 2-to - ?re -Cd?st ruc+? o rJ o?+?n JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES WIi mington, NC 28402-1890 P.O. Box 29535 ATrN CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ?TGR-IEMU. SEVEN M COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EIWIRONMENIAL MANAGE. . PLEASE PRINT. 1. Owners Name: lc-ci -}•G,. CUr (IcJ r?Iwl I?oC_ I<4.1,1e_? R-. -geLi e-? 2. Owners Address: 1719 Co t-.S L-e- i2&a,1 ? C?. or to lte_ N. c -2.0z// 3. Owners Phone Number (Home): (work)• 70 3 (05 - (OOeO 4. If Applicable: Agent's name or responsible corporate official, C rax) : , 7t+) 3(o5- 0733 - address, phone number 1?4? a €G r ri e2r- Fo?c1 Fv ?Yc?-t rKl Sc 2 ?ZeS ?n? C l /VaJ -V-, C---roi,,y\c... Z!j 2-c$ 5. Location of worst (MUST ATTACH MAP). County: M ec,kl ey-Jh tro Cn k 4 _ ? See Fi aure I Nearest Town or City: Char f o4 4e-l Specific Location'(Ineiude road numbers, landmarks, etc.): Me-41 -rcmcri4- I rtduf- ri nd Pay' k - -?rc?yva Cinar(ol , - 4-a. 7c--7-7 N -io F_ x 4 IS - EcA &L L W . 21 ; lek- c rlfC 2-?l? D N,, ird usE& rl a ( park Prt•I'?ce, cy, ri gkl+ - Sire - rn r?5 Ple- rormCr4 lcu; 6. Name of Closest S ftanv4 fiver. D i Xo v) R ra.v, U, ( a 0 - •kri h tti• zyC eg Lo no C tree k- 7. River Basin: ca.-t'G0.?? r,3 Si h 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 on 11. number of acres of waters of the U.S., including wetlands, impacted by the proposed project: lnclud? fig i-ZTo cu.iver ok locae? Fined: _ I. of sEr?aw? cl?av,ne I Cte?S c ,? o +?ccc-ec. Drained. Flooded: O Excavated: O Total Impacted: 0-r c-,2a?e/ 5 O? -P u..S . sFr2cw•, ?c?re5 i (1Jid-?i.,? ?+?w? 14+t2 feer; jar rscL(c4''(c"1C.,1 61-rec-- iincludeS ?eGC_ '- Iir yes, -JxplaixL 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:90 4 S U "? f lam. ?? r/1 ?, _ EXPLANATION N ® APPROXIMATE SITE LOCATION '1 2000 1000 0 2000 APPROXIMATE SCALE IN FEE'1 REF: U.S.O.S. 7.5 MINUTE MAP OF THE DERITA N.C., QUADRANGLE DATED 1993. LAW SITE LOCATION METROMONT PARKWAY j ENGINEERING AND ENVIRONMENTAL SERVICES CHARLOTTE. NORTH CAROLINA MECKLENBURG COUNTY, NORTH CAROLINA 5[ ` PREPARED DATE A,' CHECKED DATE Z3 ,? JOB NO. 30100-7-2623 FlGURE At? 1 BY (?" 7 I` „15C?J Jai ,% /Subsfa / 459) 3 8J7 min ' ! it fb o? (( ndehZe Fi?lt 00 , ?i AdW r? ? d m Q 0- M U 0 I -W AWU I , ? wt0 ^ I W 2 QLCO04 Z, J0 04 (L SLO o Mm?m aaa.6) M ?ol wt U?UW o(n U Qo) tpVl=? Uw Z? m 06 w Q M LL. I 0 I H J H 0 Cf- (7 N Q z z M 0 Q o ? U aQ? 8 E-?z a ? ? H A0: M g W2 X00 04 N 1 c m w 0 a M w 2 dI z Ic- E' \ z w Cy C.) 60 < CXC'4 C'4 CO 0) Q o;: \ \ d It \ ? r- 0 W I w ao w o Ucc ~ 0 co Q o 0 OQ 3 1 m LLJ U w Z. YZ H U? 9 =; i w M X200 X~C. a. X ??00 00 0- a. I Q oom Oz:LI L6/80/LO arsoaomd\£Z9zvs61\sw a a W ? O z aw Oo U yy z W W Tt3 oz Z ? r IWK ` z Z WWr W F /I o IN i?l tI is s to t CL En ;?bG??Q3SQl1' mm dD Unz0 ?.. ` 00? J00 ONI uo man O N w U Q F- 0 W Z OJ W -JW Q(m W l t ' W 0 N QUO cc a: a. cc CL CC Z a.. LL Q O Cn a Cl) Iz fA as W W a. C.) 0 \ \ 1L /' Q &i?-, - ... CL t ? co ?t ,b.r • 'r C]` 1 r J L6 trt U JZ O m dIt)' ? N W II Q ? T C W U ? i- m Cl) CL LL a0 a z J Z Q IL o: W Q °z Ha O:D 4c 2U O ZKO 3 MO It CO Z O J Y U w 2 ..? r K C Q a. p- i w ¢ 0: cc ° in o ? co co N W c d x 0 CD 0 0 (j) a: O a. LLI U cL _3 05) wWw a-Q UQ R- 33M s z:60 f 1 `t 7s '!I ?- 0 LAJ M N co N 1 r` 1 O O O M Z 4 0 LAJ 0 :r U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: T-7-707.06-7 County: eC'A jen 10 ?. Notification of Jurisdictional Determination Property owner/Authorized Agent k?--i i? ('70 -/-P o r-a47 04 Address o2? q / Co / I S q?a Telephone Number Size and Location o-{f-Property( /waterbody, Hi hway name/number, town, etc.)/? '1'1 O/1 t G lJQ !/l'C /ri P.n t ?? ?rt'/C a r /o -/--I? Indicate Which of the following a 1 : wp er-S e 2 • There are s on t e above described property which we strongly suggest should be cl?dzrad surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final iurisdictionaI determination on vour nronerty_ • Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. • The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed three years from the date of this notification. • There are no wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed three years from the date of this notification. • The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact at (70Y) PL-7 ? - YO /' f Project Manager Signature Date_ L? 7 Expiration Date SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM. _ vC? r ? ?? 2G. fY.. W O'{?r'.S ?'?T'? v. S. ???`erir- , r. e `?ra ,? 1 ocr 92 Form 566 Ce" E/l V , •NOTIr TH@SE APPROXIMATED WETLAND BOUNDARIES WERE DELINEATED IN THE FIELD BY LAW ENGINEERING. WETUWO BOUNDARIES HAVE BEEN MARKED IN THE FIELD, BUT HAVE NOT BEEN SURVEYED IN THE FIELD NOR VERIFIED BY THE U.S. ARMY CORPS OF ENGINEERS. USE OF THIS MAP IS INTENDED FOR PRELIMINARY PLANNING PURPOSES ONLY. / y5' SAN. SWR. R/W ta±? 40,40 EXIST 36` RCP I `t O . _ • / EXIST 30' RCP ~ 'y *` ??. +?+• ?7 8 ' ` • . ' r I •?• ' ?.I/' -770 --y'801 I .. \ ?•• -QaAINAGE FEATURE 1 La *27 800 ?? h a G/ `?? \? \ I 1 1 1 + I o W SOLD ; A_R • EXPLANATION 0 m JURISDICTIONAL WATERS OF THE UNITED STATES N . . . . APPROXIMATE LOCATION OF SITE BOUNDARY 1SO 75 0 ISO CD ai APPROXIMATE SCALE IN FEET REF. METROMONT INDUSTRIAL PARK ORAWING PROVIDED BY COLEJENEST DATED 2/28/96. LAW APPROXIMATE WETLAND BOUNDARY MAP ? ENGINEERING AND ENVIRONMENTAL SERVICES METROMONT PARKWAY CHARLOTTE, NORTH CAROLINA MECKLENBURG COUNTY, NORTH CAROLINA BY??? ?l DATE - ??,1 CHECKED ONA)r DATE,,_Z,_gel JOB NO. 301 00-7-26 23 FIGURE 4 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Penn 1 of 9 Project/Site: MG-Frow,on-I- -ParkLomW Date: I 9 Applicant/Owner: z. G neer?i r--nJiron-e4al SeryiccS.o 'rnc County: Weylbu.ra Investigator . kf2c q01 lA.ra SI-aei Fd l rd S State: KI (- Do Normal Circumstances exist on the site? (YR No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes `:=J Transect ID: Is the area a potential Problem Area? Yes o Plot ID: bP 1 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1lirictlPY1arn?nkrG rem -RAC-U 9.. oeru5 ViminiAY1L? sap -FAC-0- 2.14UAn,ohar skuratiFtu0., ??Z FAGk 1o.Tnni.s armcbi Ilia. - - ACV 3. f1ACl. Cordi?arwxi S >=AG 11-U!c idnw?bar s4urut urn FAC-+ - 4.ju2rcub a-lbc. SAG U 12. LIquSkrur- SivWn52. drub FAC• S.'Plakw%ca occ n1aV5 4-rec, ?r?GV?1" 13.1-oyi?cero. ??,oonlca, herd 6. CAr?IU 5 Aor? d a Sa f?AG U 45oXk adendrm f' 'c" _ TA C, 7.U Y-LACL Corni?nrMtS FAQ, 15.TgW5- C'VUyV% ocx-os4l ; s. Qtae rcuS a?ba, _ ?G U 16. e a sSu.S W r b FA CC-, ciu k -9V4fo L10- Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-). C14, a 5(o °j, Remarks: More 44101Y'? L-- 5C) 016 a -- Vt3e+a kOn (S OgL i I?AG v?,/ Or -r--AC. I HYDROLOGY -Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: -Stream, Lake, or Tide Gauge Primary Indicators _Aerial Photographs -inundated -Other N R d d D ? -Saturated in Upper 12 Inches o ecor e ata Available - - -Water Marks _Drift Lines -Sediment Deposits -Drainage Patterns in Wetlands Secondary Indicators (2 or more required) -Oxidized Root Channels in Upper 12 Inches _Water-Stained Leaves -Local Soil Survey Data _FAC-Neutral Test -Other (Explain in Remarks) Field Observations: Depth of Surface Water. A- (in.) Depth to Free Water in Pit 41A (in.) Depth to Saturated Soil: H 14 (in.) r Remarks: No Pri rno-rL? cr Secoi'1Glarc? l?c?l [rC.t^{-Ot? j Or We-R vict hvAdrotog Were, cioSer'VCCL. SOILS DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Prninnt/Ci}n/D1..4 M. & A- I I At.-I 1L 1 Map Unit Name (Series and Phase): l?P,l ?? Drainage Class: well C?lral nPd_ Taxonomy (Subgroup): -{-her etic.:1 pic_?66ALA tk5 _ Field Observations Confirm Mapped Type? es No Profile Description: Depth (Inches) Horizon Matrix Colors (Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Structure, etc. o- al to \1 4?4 (oawl - t2" to ?(R 514 lOciwl Hydric Soil Indicators: _Histosol -Concretions _Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils _Suifidic Odor -Organic Streaking in Sandy Soils _Aquic Moisture Regime -Listed on Local Hydric Soils List -Reducing Conditions -Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: Chron-r grec?r 4-ka,n 2 ! Ir1G?lCt/`?? S nc vl- ydrl'L Sol' 1. WETLAND DETERMINATION (Circle) Hydrophytic Vegetation Present? Ye No Wetland Hydrology Present? Yes Hydric Soils Present? Yes tqz? Remarks: At -1??ree Cri4-e ri o , -Por o? W ere- no ? observed_ . Is This Sampling Point Within a Wetland? we+1o_hcl. de+eryvt-,noAi ova (Circle) Yes No 4/11194 I . DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 1 of 2 Project/Site: Meklrowucylk FarkWa.u Applicant/Owner: (oa&) tai gwrima r2,nyircnwpre6J S?ervi cLS, (Ar'. Investigator: County: Hft kleyibuxr State: K L Do Normal Circumstances exist on the site? es No Community ID: Is the site significantly disturbed (Atypical Situation)? Yes ?& Transect ID: Is the area a potential Problem Area? Yes e Plot ID: DP At Z VFrFTATInKI Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 I.Qwclaw+bar f4ra6Aur_• 4rec, FA C -I- 9. OmLtL alma. 52 - 7AC + 2. Pi nus -I-aed0. 4-re e- SAG 10. U?uskry? Si nensc 'Aru.b r? 3. Qu _m" ru?ro- --r-ee, , 1 FAC- V 11 error iom ?lQj &46rw?f, herb UPL 4.U6Qdendr0y11 liQ?- o- _ F-AC U 12•??? ecx. her FAG- 5.16eru.s VirQiY1ianw- I -free, FAC U- 13. 6.UrioclQv?dron I;n??era 5CLp FA CU 14. 7. Wrn IA5 - WH do PAC U 1 s. 8. J uv?: n,e ru5 d iYtairti a FA C U _ 16. Percent of Dominant Species that are OBL, FACW, or FAC 3 1121 = 25 °Zo (excluding FAC-. Remarks: LESS -baw) 5007, of Ve9ekL+i0v1 LS O$L1 -PACVJ Or FAG. wynpnl nr;Y Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: -Stream, Lake, or Tide Gauge Primary Indicators _Aerial Photographs -Inundated -Other -Saturated in Upper 12 Inches 4-No Recorded Data Available -Water Marks -Drift Lines -Sediment Deposits -Drainage Patterns in Wetlands Secondary Indicators (2 or more required) -Oxidized Root Channels in Upper 12 Inches _Water-Stained Leaves -Local Soil Survey Data _FAC-Neutral Test -Other (Explain in Remarks) Field Observations: Depth of Surface Water. (N - (in.) Depth to Free Water in Pit: W'4 (in.) Depth to Saturated Soil: 8 L Pt (in.) Remarks: NO ir1cUca+crs 4oC- We-?laV?ck_ h?droLcay V evze, cbscrv?PCB- . , • t DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) SnILS In. LJ,!mI_ _ L / r-, r»1-n - - - - -- - - - &_ ¦ n I J-1 r -n r__ rage z OT Y Map Unit Name (Series and Phase): 1 SCI I J Drainage Class: W2(_ I [7lM1 pPCL Taxonomy (Subgroup): 4-bermi c- 14 4 i c- 11.kd1'.1j -5 Field Observations Confirm Mapped Type? Yes No Profile Description: Depth (Inches) Horizon Matrix Colors (Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Structure, etc. 0-(o ` I 10y CZ 41/4 [ - ?- t2" ioyr? 4l4 - caw loa .w) Hydric Soil Indicators: _Histosol -Concretions _Histic Epipedon -High Organic Content in Surface Layer in Sandy Solis _Suifidic Odor -Organic Streaking in Sandy Soils _Aquic Moisture Regime -Listed on Local Hydric Soils List -Reducing Conditions -Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: &mI/ a- greo,+er 4+-avi 2 irncli cct?r S non- hriot r; c, Sol I . WETLAND DETERMINATION (Circle) (Circle) Hydrophytic Vegetation Present? Yes CugO Is This Sampling Point Within a Wetland? Yes No Wetland Hydrology Present? Yes Hydric Soils Present? Yes o Remarks: Ail -Nhree_ cr4cri 0. -6r o, We+la v>o( de-?erv?•? i na-?i o (.? uxY'e- n a ®I served.. 4111194 Aug 11 '9? 9:26 P.01/01 ,. ; . PRINT NHS : f ;. ^ + Reviewer ": : 54/ 30?1N DRN `i' . wQ SUPV : f 1 _ BNV.IRONMENTAI:',.SC N:CES•` E ANEH; : • : DATE :• ; 18.J7?.CT:'? ' W?TI,;ANB,'STAFF''iEEPO1tT,•.'RECOMMENDATIONS. '. .F •`il '. **?° A H; ITEM pNS'?, E.-ANSWMD .(.USE. N%i ' 1FOk•'NOT APPLICABLE) **? ;• ;' II :r ! 4 ..7 ' <. pERMi'r' Via: adao6a3 : ?. E7UA1T5C's . MECKLE tB?TRG ' I 9..7.:'- All :PPLICAN"r NAM+METRQMQI?T ;PA1WAiY. ' ' 1- :I! PA 'E.CT.: TYPE :i;, ?O?R? A?.; :WAR?DUSE 'PERMIT' TYPE UOL I` R'ED?FEIMS APP i DA'FE_FRM_ OT/09 9). REoF :VE1t'',A13D- S31B'?$ASTN'.'#: _0,3'a A3`44': ? i STR_?NDEX. NO:i lI 120-1 S'C`R AM! MASSC AIL :- IMFA`CT•? 1 : ! .. j WE-TYPE: W ' 'REQUESTED : n . d f .: rlGc p ?^ '• ;•j 'ACR' EST? : YIN ' VL 's'can E'JS'( hi' ' I ;! .. ATR I)A?T7 BY FILL' ? ..„ MIT??i?ION 'i'YP a .. GEC-• + i° ?? ; MI;TIGATIE}N.. i` .N . • i •,,? -: ? ?? . ' :. ' • '' • MY?'£'•IGATI•E}N?S I :E : ° a :j v ? '? ' ' DID . YOU "QUgST !MORE• - 'INFO ? : ' Y / N ? .:'IS WETT?AND. RATTNG.:SKEET :ATTACHED? : Y !i xAv$'• itaiEC : C AN ESJ •TTIONS; :BEEN F1 SCFJSSII) •:WIT13'' APPL 'ANT? : ' X/N .' .. ' ; ; .! REC:UAI;ON::•(C I rcle 0 : '':ISSUE: ISUE/C()ID! DENY MMM, lommFmS:: ?../r. %,' 1 / ,'b' :•.r /..?: ?,...f' /,li S .o•' ! 'a? N /`s •./'!' t '• :i• ? •. ; '••I ,;?,:•: is '. .. •; ? :if 7[?'C- i n`. ° S3Y k G `• q r??ir. a ..,.1.. !f ' =/rrn 7r`r. , ::C•ii,I? It% / ,?.r.' J . /?'r.?r .g/! :? ii .. Ali 'r 7,71 r //::[oyL -off e, :oral: Fil*eK.: i .:Lr1'?ly1GG.b 'Al " spa '? /N•.r?c.71 :V?? 7 ..O State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification and CONDITIONS Mr. Kenneth Keuley The Keith Corporation 2719 Coltsgate Road Charlotte, NC 28211 Dear Mr. Keuley: low ED EHNR October 17, 1997 Mecklenburg County DWQ Project #970603 ADDITIONAL You have our approval, in accordance with the attached conditions and those listed below, to impact 350 feet of streams for the purpose of constructing a warehouse/distribution facility at Metromont Industrial Park, as you described in your application dated July 8, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the 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, 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 Certification replaces one issued on August 19,1997. 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 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). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). 2. An additional condition is that a final, written stormwater plan including a wet detention basin must be approved by DWQ before wetland (or stream) impacts occur. (cc: Ray Cox) 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. Division of Water Quality - Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity AffirmaWe Action Employer • 50% recycled/10% post consumer paper ... 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. S' erely. Howard, 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 Mike Iagnocco; Law Environmental 9706031tr State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director TVA, AT4 4 0 ?Mj ED F= F=1 August 19, 1997 Mecklenbrg County DWQ Project # 970603 APPROVAL of 401 Water Quality Certification and ADDMONAL CONDITIONS Mr. Kenneth Keuley The Keith Corp. 2719 Coltsgate Road Charlotte, NC 28211 Dear Mr. Keuley: You have our approval, in accordance with the attached conditions and those listed below, to impact 350 feet of streams for the purpose of constructing a warehouse/distribution facility at Metromont Industrial Park, as you described in your application dated 8 July 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the 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, 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 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). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 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 Dorney at 919-733-1786. Si rely ston oward, Jr. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Feld Office Mooresville DWQ Regional Office W. John Dorney Central Files Bradley Bennett Kiike lagnocco, Law Environmental 970603.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 5096 recycled110% post consumer paper LAW 9'7 06 0 3 ENGINEERING AND ENVIRONMENTAL SERVICES RECEIVED ,!I!! L 9 1991 EWRONMENTAt. S;IENCES LAW ENGINEERING AND ENVIRONMENTAL SERVICES 2801 Yorkmont Road Date: 07-8-1997 Project No.: 30100-7-2623 Charlotte, NC 28208 Project Name: Metromont Parkway (704)357-8600 • FAX (704)357-1622 Attention: Mr. John Dorney Re: Nationwide Permit #26 PCN, Request for Written Concurrence of Section 401 General Certification TO: Mr. John Dorney Division of Water Quality NC Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, N.C. 27607 LETTER OF TRANSMITTAL GENTLEMEN WE ARE SENDING YOU X Attached Shop drawings Prints - Copy of letter Change order IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE COPIES DATE NO. DESCRIPTION 7 07-08-97 1 Nationwide Permit # 26 Pre-Construction Notification to Steve Lund @ USACE, incl., Cover Letter & Project Narrative; Joint Application Form; Proposed & Original Site Plans; Site Location Figure on USGS; USACE Notification of Jurisdictional Determination; Wetland Data Sheets THESE ARE TRANSMITTED as checked below: X For approval _ Approved as submitted _ For your use _ Approved as noted _ As requested Returned for corrections For review and comment _ Resubmit Submit _ Return corrected prints REMARKS Dear Mr. Dornev: Law Engineering and Environmental Services, Inc., on behalf of The Keith Corporation, is submitting the necessary documentation requesting written concurrence for the Section 401 General Certification for Nationwide Permit #26 on the approximately 11.5-acre Metromont Parkway site in Mecklenburg County. Please contact Mike lagnocco at 704-357-8600 ext. 3357 if you have any questions regarding this information. Any RESPECTFULLY SUBMITTED, LAW ENGINEERING AND ENVIRONMENTAL SERVICES, -Under separate cover via the following items: _ Plans Samples Specifications Other Copy To: project file copies for approval copies for distribution July 8, 19, o LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. RECEIVED Mr. Steve Lund ! 1 , g 1997 U.S. Army Corps of Engineers " L Regulatory Field Office ENVIRONMENTAL SCIENCES 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 Subject: Nationwide Permit #26 Pre-Construction Notification The Keith Corporation Approximate 11.5-acre Site in Metromont Industrial Park Mecklenburg County, NC LAW Project 30100-7-2623 Dear Mr. Lund: On behalf of The Keith Corporation of Charlotte, enclosed please find a completed Joint Form with accompanying figures for a Nationwide Permit #26 in the above referenced matter. The Keith Corporation has retained Law Engineering and Environmental Services, Inc. (LAW) to provide wetlands and permitting services for this project. The project area is located in Mecklenburg County, just north of the Charlotte city limits. The site location is presented on Figure 1. The proposed project will impact more than 150 linear feet of an above- the-headwaters stream located on the subject site. This pre-construction notification (PCN) is being provided in accordance with the Wilmington District's regional conditions for Nationwide Permit #26. The project consists of the construction of a warehouse/distribution facility on an approximate 11.5-acre site in the Metromont Industrial Park. The proposed project will include a single-story 60,000 square-foot building, including an estimated 8,000 square feet of office space, loading docks, parking for 41 automobiles, and a proposed future parking area. In order to achieve the project goals, the facility must include a graveled outdoor storage yard of 3 acres (Note: outdoor storage will be provided for `clean' product and materials, e.g., piping, etc.). The facility will front Metromont Industrial Boulevard. Access for tractor trailers will be provided from the southeast comer of the site via Metromont Industrial Boulevard as well as from Metromont Parkway. The proposed project will provide economic benefits and employment opportunities to Mecklenburg County. The southem-third of the subject site is separated from the proposed building by Dixon Branch (East). This above-the-headwaters stream flows west across the site for a distance of approximately 850 feet. The stream enters the southeastern corner of the site from three existing reinforced concrete pipes (RCP's). Two of these RCP's route storm water from facilities on the opposite side of Metromont Industrial Boulevard, while the third RCP transmits the flow of the upper reaches of the branch. Dixon Branch (East) is a Class C stream from its source to its confluence with Long Creek. The confluence with Long Creek is located approximately 1,000 feet northwest of the subject site. 2801 YORKMONT ROAD • CHARLOTTE, NC 28208 (704)357-8600• FAX (704) 357-8638 Nationwide Permit #26 PCN - The Keith Corporation July 8, 1997 LAW Project 30100-7-2623 The operations at the proposed facility, notably the critical need to move product from the outdoor storage yard into the rear (southwest end) of the building, as well as the proposed grading plan, will result in the relocation of approximately 350 linear feet of Dixon Branch (East). These unavoidable impacts will include the piping of approximately 250 linear feet of the stream in order to provide tractor trailer access to the storage yard and to accommodate grading of the site. The remaining approximately 100 linear feet of stream disturbance will occur downstream of the proposed pipe. This portion of the relocation will connect the piped portion of the stream with the existing channel. Efforts to minimize impacts. to the stream included a redesign of the site plan. The Original Site Plan called for proposed frontage along Metromont Parkway (Figure 3). This site plan would have resulted in approximately 450 linear feet of disturbance to Dixon Branch (East), including an estimated 300 linear feet of piping and 150 linear feet of relocation. In both the original and proposed site plans, the Metromont Industrial Boulevard access driveway was relocated to the north, thereby avoiding potential disturbance to the first 200+ linear feet of stream. All efforts have been made in the proposed site plan to position the building as far north on the site, and away from the stream, as possible. The loading docks must be positioned along the north side of the building in order to allow product to effectively pass through the building from the southwest corner and outdoor storage yard to the docking area. The proposed site plan depicted on Figure 2 represents the absolute minimum requirements for stream disturbance while still achieving the operational goals of the facility. Opportunities for on-site mitigation to compensate for the project's anticipated stream disturbance are limited. The existing stream corridor is deeply incised and heavily wooded. The existing stream channel varies in width from 4 to 12 feet, typically 8 feet on average, across the bed of the stream, with a substrate characterized by rock and sand. The applicant considered the installation of in-stream aquatic habitat improvement structures, e.g., boulder clusters, vortex rock weirs, deflectors, etc., and other mitigation measures, to compensate for project impacts. However, the short term impacts to the stream associated with attempts to gain access to the undisturbed stream channel for the purposes of installing these measures will likely outweigh the long term benefits. As a result, and in an effort to expedite PCN processing and maintain critical project schedules, the applicant desires to utilize the N.C. Wetland Restoration Program as compensatory mitigation for this project. The applicant is prepared to immediately issue a check payable to the Wetland Restoration Fund (WRF) in the Qk• amount of $125 per linear foot or $25,000 to compensate for the 200 linear feet of stream above the 150 linear foot PCN threshold. Wetland delineation's were performed on the subject property by LAW's Jeffrey M. Holland and Stacie L. Edwards on June 18, 1997. No jurisdictional wetland areas occur on the subject property. Jurisdictional limits of waters of the U.S. include the bed and bank of Dixon Branch (East). The limits of these jurisdictional areas 2 Nationwide Permit #26 PCN- The Keith Corporation LAW Project 30100-7-2623 July 8, 1997 are presented on the topographic survey presented on Figure 4. Mr. Steve Chapin of your office issued a "Notification of Jurisdictional Determination" on June 25, 1997, concurring with LAW's findings (copy attached). A storm water management plan has been included as part of the project. In an effort to greatly reduce run-off from the proposed development, the outdoor storage yard will be pervious, i.e., graveled. A storm water detention basin is currently proposed along the western edge of the property in order to meet Mecklenburg County storm water requirements. Any questions concerning Mecklenburg County's storm water requirements may be directed to Mr. Jim Magennis, with Mecklenburg County Land Development Services at (704) 336- 4313. Pursuant to the conditions of the Section 401 General Certification (GC) for projects eligible for NWP 926, seven copies of this PCN have been forwarded to Mr. John Domey and the Division of Water Quality for their written concurrence. All nationwide and regional conditions for NWP #26 will be met by The Keith Corporation's design and adhered to by their contractors. Thank you for your attention to this matter. Please don't hesitate to call Mike Iagnocco at (704) 357-8600 if you have any questions. Sincerely, W ENGINEERING AND ENVIRONMENTAL SERVICES, INC. Michael A. la oc Senior Enviro en al Scientist lzwl Allen W. Conger, P. W. . Principal B _ Environmental Scientist By 41AL - With Permission MAI/AWC:clp cc: Ken Bueley, The Keith Corporation John Dorney, DEHNR DWQ Attachments: Joint Form & Figures Wetland Data Sheets