19980214 Ver 1_COMPLETE FILE_19980317

® North Carolina Wildlife Resources Commission®
1 -
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919:-733-33
Charles R. Fullwood, Executive Director
MEMORANDUM Wj' APR - 71998
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources ,uAW a nsmr?cT ON
FROM: Joe H. Mickey, Jr., Western Piedmont on Coordinator
Habitat Conservation Program j4.
DATE: April 1, 1998
SUBJECT: DWQ ID: 980214, Review of an application by W. D. Holland to pipe 280 linear
feet of an unnamed tributary to Third Creek for development of a new
commercial park along I-77 and US 70, Iredell County.
Mr. W. D. Holland is requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality (DWQ). The NCWRC has reviewed information provided by the
applicant, and field biologists on our staff are familiar with habitat values of the project area.
These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
We are concerned about impacts that this project might have to the headwaters of the
unnamed tributary. However, we will not object to the project as proposed provided that any
mitigation required for stream impacts be subject to DWQ and US Army Crops of Engineers
guidelines and that a 25 foot natural buffer zone (along each bank) be maintained along the
stream through the applicants property below the piped section.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/366-2982.
cc: Steve Chapin, COE
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
4?•
On"
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 6, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. W.D. Holland
PO Box 1792
Statesville, NC 28687
Dear Mr. Holland:
Re: Commercial Fill
Iredell County
DWQ # 980214
On April 17, 1998 the Division of Water Quality sent a letter asking if you could
construct your commercial development without additional stream culverting. As stated
in 'the April 17 letter, we gave you two weeks to respond before DWQ could withdraw
the project. To date, we have not received the information regarding this project.
As of January 6, 1999, your request for the discharge of fill material into 0.14
acres of streams at I-77 and US 70 in Iredell County is considered withdrawn.
If you have any questions, please contact John Dorney at 919-733-1786.
JJo R. Do ey
cc: Mooresville DWQ Regional Office
Wilmington District Office Corps of Engineers
Asheville Field Office Corps of Engineers
John Dorney
Central Files
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. W. D. Holland
PO Box 1792
Statesville, NC 28687
Dear W. Holland:
A1QV*)JWF'A?•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 17,1998
DWQ Project # 980214
Iredell County
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.14 acres of
streams located at I-77 and US 70 in Iredell County for commercial fill. Based on this review, we have identified
significant uses, which would be removed or degraded by this project. These uses are aquatic life uses in the stream
Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in
waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are
made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC
2H .0507(e) and will place this project on hold as incomplete until we receive this additional information. Until we
receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers
and/or the N.C. Division of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can
you construct your commercial development without additional stream culverting? Also any additional fill will
requir6 construction and maintenance of a wet detention pond to protect downstream uses. Any documentation such
as maps and narrative that you can supply to address altemative designs for your project may be helpful in our review
of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H
.0506(h) since aquatic life uses are present in the stream. Your mitigation proposal is insufficient because none was
proposed. Any additional stream culverting will require mitigation since more than 150 linear feet were culverted in
the past.
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Todd St. John, Mooresville Regional Office at 919 North Main Street Mooresville, NC 27107. If we do not
hear from you in two weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. I can be reached at 919-733-1786 if you have any questions.
S' QDo Joh ey
Wa r Quality Certificat' n Program
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Asheville Field Office Corps of Engineers
980214.nty
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
®DIVISION OF WATER QUALITY
WrDE"R March 5, 1998
JAMES B. HUNTJR.- -
GOVERNOR Mr. W. D. Holland, Owner
Post Office Box 1792
Statesville, North Carolina 28687
WAYNEMCDEVITT Subject: 401 Water Quality
SECRETARY Certification
Holland Commercial Park
Iredell County
Dear Mr. Holland:
This office has received information from the Division
of Land Resources that you plan to disturb 150+ feet of a
stream during the construction of the subject development.
Please be advised that the Division of Water Quality
(the Division) requires that approval be obtained prior to
disturbing more than 150 linear feet of stream under either
Nationwide Permits 14 or 26, regardless of whether the Army
Corps of Engineers (ALOE) considers the stream as "subject
to the 500 linear foot limitation" established for their
permitting purposes. It will be the responsibility of the
ACOE to determine whether or not the channel being impacted
is indeed a stream for which they will claim jurisdiction.
It should also be noted that compensatory mitigation may be
required to replace unavoidable lost or degraded aquatic
life uses of these streams, either through instream
measures and/or riparian techniques-such as buffer
establishment or vegetative planting for temperature
control. In determining whether a stream mitigation will be
necessary, the Division will need to determine whether the
stream has positive 7Q10/30Q2 flow and whether or not
aquatic vertebrates are present. When compensatory
mitigation is required on streams that are to be culverted,
or otherwise buried, the mitigation ratio is currently 1:1
(the Division may be raising this ratio to 2:1 in the near
future). On streams that are channelized, hardened, or
relocated, the mitigation ratio will be 1:1.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Mr. W. D. Holland
i
;S Li ,
March 5, 1998 `y MM 1 0 d J' 71
Page Two r = (/??? l
WATER TtAUNNDS ROUP
LAI std'i ON A
In order to obtain Division approval for this proposed
stream impact, seven (7) copies of the attached application,
along with supporting maps and documentation, should be completed
and returned to the addresses listed in the application. Please
make sure that all maps submitted with the application are of
suitable scale (e.g. 1" = 100') and delineate all impacted
streams, ponds, and/or wetlands on the project site.
If you have any questions regarding this matter, please
contact Mr. Michael L. Parker, Mr. Todd St. John, Mr. Samar Bou-
Ghazale or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Attachment
Doug Miller
ohn Dorney
mlp
h:\401\stream.frm
^802`!x.
DEM ID: - ACTION ID:
Natiaomde Permit Requested (Provide Nzdonwide Permit 9): NWP 14 W
JOINT FOKM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Se.-tion 401 certification
WLLMNMON' DIMCTENODMER DxvrszoN OF WVIRQM----`iTAL MANIGEMUT
CORPS OFENGMErRS MC DEPARTIENT or F-Nv=~ONMENI, MAIM,
'
DEPARTI hT OF TEM ARMY a nrt
AND NaTUPJLt RE80U=Z!
P.O. Box 1890 EMRoNmENU . SCIENCE- HRAW.H
VMmington. NC 29402.1890 -4401. Reedy Creek Roar
27607
i
h
N
C
ATTN' CESAW-CO-E g
,
.
.
Rale
Telephone [phone] ATTN: lSit. JOW DORM=
Telephone [phone]

ONE (l) COPY OF THIS COMPLETED APPLICATION SHOULD BE M-7 TO THE CORPS OF E11G1NvtM-RS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EN-VIRON1.E-MrAL MANAGEMH.N-T.
PLEASE PRJJ?7.
1. Own= NSme: W.D. Holland
2. Owners Address: P.O. Box 1792 Statesville NC 28687
3. Owners Phone Number (Hon*): [phone] (;,pork): [phone]
4. If Applicable; Agenc's nw-ae or responsible corporate official, address, phc-- number.
N/A
S. Location of work (MUST ATTACH MAP). County:
Iredell
iJearm Town or City: Statesville
Specific L,ocatica (Include road numbers, landmarks, ew_): Site is at the Intersection of I-77 and Hwy. 70
(Garner Bagnal Blvd.) in the City of Statesville the site is in the Southwest Ouadr nt of that intercecticn
the entrance to the site is off of Wall Street
6. Nuns of Closest Staeatantivrz:_ Third Creek is the closest stream; South Yadkin River is the closest river
7. River Basin: Yadkin River
It. Is this project located in a watershed classified as Trout. SA, HQW, DRW. FIS i. or WS 11? YES [ ] NO [A
9. Have any Section 404 pc.-mits been previously requested for use on this pr arty? YES [ l NO [A
If yes, explain.
10. Eiriraattd toad number of amL'S of watrrs of the U.S., including wetlands, located on project site: 1.51 Ac.
11. N=bcr of acres of warm of the U.S., including wetlands, impacted by tr = proposed ProIol-t
Mcd; 0.14 Ac.
Drained:
Flooded; -- -
EXcavaTld'
Total IrnpacW: 0.14 Ac.
12. Desc ;tption of proposed work ? rWh PLANS-6 Ir-" X 13" drawings only):
We are proposing piPja 280 LF of a stream, so that we will be able to fill the site
13. ft-pose of proposed work To be able to have a suitable piece of land for commercial use
14. State reasons why the applicant beleves that this activity must be carried out in we-bads. Also, nm-nre Vms
taken to mk irn ize wetland impacts- This is a very valuable niece of property, and we feel that this piece of property that we
are filling is the most valuable piece on the site. We are nrovidine the annronriate Erosion Control Devices so that we will not disturb the
stream below
15, You are required to contact the US. Fish and Wildlife Service (USFNS) and/ar N3deaal Mature Fisheries SaMce our site
(NIvff'S) rr gardtng the presence or any Federally listedorpr?osed forlisting enda.ns ed wthreatened Wee-ies oraidcal
babitat is the permit area that may be affected by the proposed project. Have you do--c: so? YE! [ ] NO Do
RESPONSES FROM THE USFWS AINDIOR N1vtl:S SHOULD BE FORWARDED ?0 CORPS.
16. You are required to contact t;_a Stan Historic. Preservative OffCer (SILO) regar-Ens the presex ofh4toric
properties in the permit area which may be affected by the proposed project? Have YOU done So? YES , x )
RESPONSE FROM THE SIM SHOULD BE FORWARDED TO CORPS.
17. Additional information requirz: by DEM:
A. Wedand delineation map s;oviing aU wetlands, screams. and IsIms op the pr:%=,N.
B. If available, repmsentati1 a photograph of wetlands to be Sclpacm d by pmjer_
C. If delineation was perforaitd by a cottsultm ir4Wde aU data sheets relevaut to the placcrnent of the
delineation line.
D. If a stor- water rnanagem=t plan 1s required for this project, attach copy.
E. What is land use of susrow-ding property? Commercial & Residential
F. If applicable. whim is prop:sed method of sewage disposal? City of Statesville Sewer Collection System
Owz cos Si Date
r-
4Z-
'
of/
1 /
A 1A
\qpy
tell;
T \ N yy ?i r. _ / vz....
Cf)
rig
6E£2 & J.,,Tja S ?7b'di ???? N
- - - - - - - - - - - -
v J I y f? 3 ro , d a ao ?. ^ ? w ?. a -_? ., ? a -
Yy a - I ?a '3 oY ?,? Aiwa '
5 L f? P\oil
'a.
v
v7 V
b ,. 1?c4a nAal °a?1t p c _ gat, I_? ?+o j.
°q? ? d d ?? ai\'ar` t S. _ M?•sot ` ? .? w t '. ?,? ? /? \• \ ?? \?? _yG .
F Mom
wr.
.J'^?? ?i? '` r ? .'m . :, . ? .. p ?_? . ,ps`O ?=„'w -\- ? ? ?„?• a•t'?ai ',aa
- . a+-p• . _' ____`'p I ` ' 'Si ? _ ? w?.uaoMw? ?, ? w.pa'? ? ? y?
}°w* ,
a°
77,
off aawoiW??Aa .$ 3: S f??`` w q,+o
°. a? ,? r \? ? £ iaaxar ,? 0 ?. /! ? ??? ? ? -? 9 1 ? ? ?T? ? -? ?f °i avr. ? (+i
1 _
i.
o
0
w $ c t \` _ e a'
©I. ? \ or 1 Z ? I
?\ `\J \ p d ?a\ ?_?r w p '~i Wawa ae$a°. CP?? x'v `\'I_ ° y?i
eaooa `, / v\ _ -- __ _ iauaeu - ? C r ` o s
? s \ oxFta ae' \ PPF -1 ? $ -P' ? ? 'o w. o
`C,? aaa a° `wg"oso /F CO
a 4 a \ e N CO a .*\ i-- J=am m - i'
52
ILA 1 ?/ I y i?._, o ,•.
ao
?' ?? , ? ?V? 1 ?' \ ? \ ? ' \\ ??- `? / ?/? ? ? I r ?-. / I ?'??.1 , ; /? 9? ? J?? i r i?// /??1 ?? , f l \ ? ?•? a O
232 ^?// ? ?i??? ?? jC r l r
l ? r // /. / '? \??, jti?? IS,i1V? ?w• ?m ' \\: i';?II?I:1 Q 'i.
oyls
? i
/?Radi owe'
?? ? `/ ?? ? i %¦ q ?_=_ /j ?W1?BN1)I I '? ?`w- l r'' '/ - ? l'???/? 1? ???\ ,'
600
_fj
i S8h \ ?? ?' ? ? • ? r' \ ? ? +?-? -?_ i ? /?\• v %/,gym 11 BO?
1/ 1 ', ':Q 1 ,?`, ? I '-i ?/r? 1 I (? )/?\ In (?j? ? Ili' ??r
? -? ? "?-• ' ;/ iJ'• `'?\? '-u•??? ? ?? I X11 .. II ?^??;, rA .? //n\
O 'I• ^T?' is I? ~\?IL1 1, \ ?,.
'N wT' v? ? 1. ? , ? ,-_._? ,.,?• ..Imo ? I\ ??\- \ -? ??? "' i;?? `,J u 1
/' v' ; ? ?z? 11) (pp?11 ? ?•^"1 , ?. c' ? ?. ??? g5o? ??? III '' % ' ? ? « / -?,
-?- •A1.O< 1l? ^i? ! ??.?•Q ? ????1 /??I ,? ,mot' I?/'///JJJ? I??iti? \ I1 I• , \\ ?86B? \r?
U% ?( .,1p /-? /^ J I n
n u I ??1 ` ///? r r
1.0
???rr? `?,? d,l ? ?. \?\.?? ????? 475 ? ??,• a9? __. \il vd? ?;; j?,? ?j
;`? ??QcA 11 ?r? ' \ Z? ?? ?, i ?•`??? ri?Il. ??„• _ 'I ,\-?? .r,i/_ V^L.
1 (` 1 t I I U/?? `? / 1 , ? f\,? III \ ?/ i?, ? r.ll .. \i?'• ?.? ??l '_' C .
G
?? ?r?? C'? `,? ? ?? /. ?• _.?;,? ( i 11+%/ %/ •-'\I??'? ?, J ?`.` dir. o °• ?((I v ???,-'?.' I`"' _-.._.
R
?g5? ???.?, \ ,\ If; . r(
GRAPHIC SCALE
400 0 200 400 800
( IN FEET )
1 inch = 400 ft.
10-
N?
OWK1''0 C
t
/
1
t
1
AREA OF D/S BArvr?f
I AREA - a 14 C-f
y ?
J
3 ,~
a
\ 1
EX 34" CULVERT-l
• 2
y
D
V
• V
ti
I
I
r
\ /?0J

? 4 - V
/ MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: s"'
WQ Supervisor:
Date: 3 fl?
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name, W,D.`Holland County Iredell
Project Number 98 0214 County2
Recvd From APP Region 1\1ooresville.?
Received Date 3/17198
Project Type commercial 17,11
Certificates stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin " Req. Req.
14 F__ OYQN F_ I-- F_F_ F_ F_ F_
Mitigation Wetland
MitigationType Type Acres F2_&37
Feet ??ry r
• w I l 7 [Fh4
4
Is Mitigation required? Oy ON
Did you request more info? O Y
Is Wetland Rating Sheet Attached? O Y N
Have Project Changes/Conditions Been Discussed With Applicant? (/Y 0 N
Comments:
Recommendation: Q Issue !i issue/fond O Deny
a. Tli Cw1? ,'?" tk r, L1 btu,I? ?
?9 cGc? v i e soF/ ?? l s9?
com nlewj plan , W"j4i?( i4e )O aw- b-A , a G ?
t, I
WTI Ll Poe?I-04,j 55 ??Ot U-444 CcjVr?1 3 %
cc: Regional Office ! 6
Central Office
f -v A A-
?i'f?J C w s ,/kWj
r s c(pe(Ox;"4 y0to" a
54 c
i leU cu/rrl s9 tj? sly,
cow 41a JV?I?/a?1`S? ?lG`'e l no S P?G? l` r@xSoort, 4AW
I? b&W4.4W, 44 aNJi IS, 4?1rMply Y eer1 / K lxt.J lrvr SfectGla.- t-a- Ave4r`°°,
5 ct r X/ Celi C(vof Awe Coo 44 62 a?'-ryl?IS'f?ccl?!
Ott
4 `.
TRIAGE CHECKLIST
Project Name: lvi, 1) t10110
Project Number: q b () A 11-
County:
1:?M L I
The attached project has been sent to you for review for the following reasons. Please consider whether a
site visit is needed to determine the impacts. Particular attention should focus on the below checked items.
Please feel free to call the central office staff member assigned to your region if you need assistance.
_?-Stream length impacted.
Stream determination (i.e. intermittent or perennial, or any channel present).
Wetland impact and distance to blue-line surface waters on USGS topo map.
't'Mmimization/avoidance options.
N1W 11. (is access to highgound or wetlands)?
Neuse buffer rules.
- Pond (water) fill (i.e. is the pond drained or holding water)?
Pond creation (i.e. in uplands, in a drained channel, or in wetlands). Please locate streams and
channels (if any) so that the central office can determine.
Mitigation ratios.
Stormwater pond placed in wetlands.
Ditching in wetlands.
is the applicants proposed streamXedand mitigation site available and viable?
Applicant/consultant has a history of non-compliance (check drawings and application for
accuracy).
Has project been split from previous work to avoid mitigation requirements?
Consistent with pre-application meetings?
Cumulative impact concerns. (, rr ''//•
OTHER Nl co
L '
5 F-1)
CA 5(f