HomeMy WebLinkAbout19970954 Ver 1_COMPLETE FILE_19971105
Sincerely,
Kvv
Howard, Jr.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A 4
WOOL
DEN R
December 29, 1997
Mecklenburg County
DWQProject #970954
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Kent Baldwin
Providence Plantation LLP
1706 Reverdy Oaks Dr.
Matthews, NC 28105
Dear Mr. Baldwin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.054 acres of wetlands or waters for the purpose of constructing three road crossings at Providence
Plantation Estates as you described in your application dated November 3, 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3103. This
certification allows you to use Nationwide Permit Number 14 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
applicator. 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 notices, conservation easements or similar mechanisms shall be placed in all lots with remaining
jurisdictional wetlands and waters to prevent future wetland and/or water impact. These mechanisms shall be put
in place before fill of wetlands or waters occurs. Two copies of this easement shall be sent to DWQ Central
office 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 Domey at 919-733-1786.
Attachment
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-9960 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Central Files
Chris Haysman; S & EC
970954.1tr
9170954
Soil & Environmental Consultants, Inc.
231 16th Avenue, N.E. ¦ Hickory, North Carolina 28601 ¦ (704) 322-6700 ¦ Fax (704) 327-9164
November 3, 1997
S&EC, Inc. 2-1048
US Army Corps of Engineers
Attn: Mr. Steve Lund
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Dear Mr. Lund and Mr. Domey:
NCDEHNR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Drive
Raleigh, NC 27607
The purpose of this letter is to request re-authorization for wetland impacts under Nationwide
Permit 14 and its general 401 Water Quality Certification for the project known as Providence
Plantation Estates.
Prior impacts were authorized by both the DWQ (project impacts were below notification
threshold) and Corps (199604232). See attached copy of Army Corps permit.
The Low Flow Characteristics of Stream in North Carolina states that a drainage areas of less than
1 square mile, in this, region, generally have a low-flow statistical value of zero. Road crossings B
and C are anticipated to be intermittent as their drainage areas are less than 1 square mile.
The developer has proposed a lay-out that minimizes impacts to channels within the property.
Channel crossings for roadways will utilize the shortest possible perpendicular crossing. Channels
not impacted by the proposed work will be within drainage easements and open spaces.
Sincerely,
Qhris Huysman
sx
c199
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluation for On-Site Septic Systems Environmental Assessments
Phone: (919) 846-5900 Fax: (919) 846-9467
Home Office: 244 West Millbrook Road Raleigh, North Carolina 27609
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Wdrd,gton, NC 28402
gP: Wetyands Rem ConpAf trg and Permitting
To Whoon It Msy Concern=
and authorize Soil and 1?nvimnmentai Consultants,'ric. to act in
owner, hereby die sqpWmentd ttdgn
1, the curftnt ProQerty ?n applications. to furnish upon ItQ>?c rvbcw- 1997.
my behalf MY Mm '11 0 fr day f v asd This the - - day a1 C'
in gupppct for this project
This n?scativu super 3ny Pious co "Vondence concerting the agent .
N \&) Owners 5tgnatuie:
Ownats Name:
Ply Print
cc: Mr. Won Do mey
ivisi`°u? oad? RaW911 NC, 27607 4401 Reedy
cc. Mx Chris Huysman-
tteooots, Inc and Emimum8aW
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?1 I tk0ry, NC 28601
wetland D 'triniid°
Home offim 244 Wot bdUbwok ROW
SaiUSite'EV11 ion for Ole-Sitm Septic Systems
RslaW North tarolins 27609
Assmments
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DEM ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NATIONWIDE 14
Pre-Construction Notification Application
For Nationwide Permits that Require:
1. Notification to the Corps of Engineers
2. Application for Section 401 Certification
3. Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of the
Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC
Division of Environmental Management (see agency addresses sheet). PLEASE PRINT.
1. Owner's Name: PROVIDENCE PLANTATION L.P. INC.
ATTN: MR. KENT BALDWIN
2. Mailing Address: 1706 REVERDY OAKS DRIVES
Subdivision Name: PROVIDENCE PLANTATION ESTATES
City: MATHEWS State: NC Zip Code: 28105
Project location address, including subdivision name (if different from mailing address above):
3. Telephone Number (Home): (Work):704 / 845-5140
4. If applicable, agent's name or responsible corporate official, address, phone number:
SOIL & ENVIRONMENTAL CONSULTANTS, INC. Phone: (704) 322-6700
231 16TH AVENUE NE Fax: (704) 327-9164
HICKORY, NC 28601
5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial
photograph with scale):
County: MECKLENBURG Nearest town or city: MATHEWS
Specific Location (include road numbers, landmarks, etc.):
SOUTHWEST OF MATHEWS, NC WEST OF WEDDINGTON ROAD, NORTH OF
MAYNARD ROAD (USGS / MATHEWS).
6. Impacted or nearest stream/river: FOURMILE CREEK
River Basin: CATAWBA RIVER
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters
(HQW), outstanding resource waters (ORW), water supply (WS-1 or WS-II)?
YES ( ? ) NO (®) If yes, explain: -
7b. If the project is located within a North Carolina division of coastal management area of
environmental concern (AEC)? YES (?) NO (Z)
7c. If the project is located within a coastal county (see page 7 for list of coastal counties),
what is the land use plan (LUP) designation? NOT APPLICABLE
8a. Have any Section 404 permits been previously requested for use on this property?
YES ( ® ) NO ( ? ) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
CORPS ACTION ID 199604232
DWQ ACTION NOT REQUIRED
8b. Are additional permit requests expected for this property in the future?
YES ( ? ) NO ( ® ) If yes, describe anticipated work:
NO ADDITIONAL PERMITS ARE ANTICIPATED
9a. Estimated total number of acres in tract of land:
ACRES TOTAL APPROXIMATELY 73
9b. Estimated total number or acres of wetlands located on project site:
APPROXIMATELY 0.33 ACRES OF VEGETATED WETLANDS AND
APPROXIMATELY 5000 LINEAR FEET OF WATERS OF THE US
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.03 ACRES LOTS (APPROVED) Excavation:
0.15 ACRES ROADS (APPROVED)
Flooding: Other:
Drainage:
Total acres to be impacted: 0.18 ACRES
10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide
distance both before and after relocation):
**********SEE ATTACHED TABLE 1 FOR CROSSINGS********
INFORMATION BELOW IS FOR ALL CROSSINGS
Length before: 380 LINEAR FEET After: 380 LINEAR FEET
Width Before (based on normal high water contours): 4 AND 10 FEET
Width After: PIPE
Average depth before: 0.0 TO 0.3 FEET After: SAME
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: ? Placement of pipe in channel:
Channel Excavation: ? Construction of a Dam/Flooding: ?
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to the
pond?
NOT PROPOSED
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical equipment to
be used (attach plans 8 1/2" x 11" drawings only):
PROPOSED INFRASTRUCTURE FOR RESIDENTIAL SUBDIVISION
13. Purpose of proposed work:
NECESSARY IMPACTS FOR RESIDENTIAL SUBDIVISION. PROVIDE HOUSING
FOR REGION. PERPENDICULAR CROSSING OF CHANNELS ONLY.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
ALL IMPACTS ARE MINIMUM NECESSARY FOR THE CONSTRUCTION OF THE
SUBDIVISION. ROAD CROSSINGS ARE PERPENDICULAR TO FLOW. CHANNELS
NOT IMPACTED BY THESE PROPOSED ACTIVITIES TOTAL APPROXIMATELY
4500 LINEAR FEET AND WILL BE LEFT WITHIN STORMWATER EASEMENTS.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the
presence of any federally listed or proposed for listing endangered or threatened
species or critical habitat in the permit area that may be affected by the proposed
project. Date contacted: (attach responses from these agencies).
TO BE COMPLETED BY USACE AS NEEDED.
16. You are required to contact the state historic preservation officer (SHPO) (see agency
address sheet) regarding the presence of historic properties in the permit area which
may be affected by the proposed project. Date contacted:
TO BE COMPLETED BY USACE AS NEEDED.
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES (?) NO (®) If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements. of the North Carolina Environmental Policy Act?
YES ([:]) NO (E-1)
b. If yes, has the document been reviewed through the North Carolina
Department of Administration State
Clearinghouse?
YES (?) NO (?) NOT APPLICABLE
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance with the
North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to Ms.
Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone
(919) 733-6369.
18. The following items should be included with this application if proposed activity involves
the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the
property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams
(intermittent and permanent) on the property must be shown on the map. Map
scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
c. If delineation was performed by a consultant, include all data sheets relevant to the
placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? RESIDENTIAL/ AGRICULTURAL
f. If applicable, what is proposed method of sewage disposal? SANITARY SEWER
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental Management
(Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina Division of
Coastal Management stating the proposed activity is consistent with the North
Carolina Coastal Management program.
1 WIAL ?s Ear
Owner's/Agerit's Signature
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
Toll Brothers
Providence Plantation Estates
Table 1.
Future Phases - Proposed Road Crossings
Nationwide Permit 14
Crossing Nationwide Impact Significant Aquatic Perennial /
Identification Permit Ln. Ft. / Sq. R. Function** Function** Intermittent**
(low flow data)
A 14 140 / 1400 Base and Supports Fish Perennial
Storm Flow and Am S.
B 14 120 / 480 Wet weather Minimal - Intermittent
flow - storms no fish
C 14 120 / 480 Wet weather Minimal - Intermittent
flow - storms no fish
Total 14 380 / 2360
(0.054 acres)
** Approximated by S&EC, Inc. to be verified by DWQ and Corps.
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REPLY TO
ATTENTION OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 12, 1996
PV
Action ID No. 199604232, Nationwide Permit No. 14 (Road Crossings) and
Nationwide Permit No. 26 (Headwaters and Isolated Waters)
Mr. H. Allen Maynard
4110 Carmel Drive
Charlotte, North Carolina 28226
Dear Mr. Maynard:
50"
Reference your application of June 28, 1996 for Department of the Army
(DA) permits to fill 0.03 acres of wetlands for lot development and 0.15 acres
of waters for road crossings of Fourmile Creek and two unnamed headwater
tributaries at a proposed 73-acre residential development located west of
Weddington Road near Matthews, Mecklenburg County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404
of the Clean Water Act, was provided for fills for roads crossing waters of
the United States (including wetlands and other special aquatic sites)
provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing in culverted, bridged or otherwise designed to prevent
the restriction of, and withstand, expected high flows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
Authorization was also provided, pursuant to Section 404 of the Clean Water
AUG I A
J
1EMORANDUM PRINT NAMES: Reviewer:
JT• ., tl?f?'^
,0: JOHN DORNEY WQ SUPV.: d`2
ENVIRONMENTAL SCIENCES BRANCH DATE: ?x
>UBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 97 PERMIT NO: 0000954 COUNTY: MECKLENBYRG
APPLICANT NAME: PROVIDENCE PLANTATION ESTATES
PROJECT TYPE: RESIDENTIAL DEVELOP PERMIT TYPE: NW1426
COE #: DOT #:
RCD
FROM
CDA: APP DATE
FRM
CDA: 11/05/97
_
_
REG OFFICE: MRO _
_
:IVER AND SUB BASIN #: 030834 STR INDEX N0: 11-137-9-4
STREAM-CLASS: C
WL_IMPACT?: Y/N WL_TYPE:
WL REQUESTED: 450 j 1-8- WL_ACR_EST? : Y/N
WL SCORE M : WATER IMPACTED BY FILL?: Y/N
MITIGATION? : Y/N L4,tW Ko',"`• MITIGATION TYPE:
MITIGATION SIZE: DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
A A. I . _ /J a /- _1./' #.
COMMENTS : rip
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Central Files
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