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HomeMy WebLinkAbout19980642 Ver 1_COMPLETE FILE_19980710State 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 111 F INK? NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 17, 1998 Mecklenburg County DWQ Project 980642 APPROVAL of 401 Water Quality Certification Mr. Paul Johnson Fairfield Residential Companies PO Box 54007 Grand Prairie, TX 75050 Dear Mr. Johnson: You have our approval, in accordance with the attached conditions and those listed below, to impact less than 0.02 acres of wetlands or waters for the purpose of constructing a road associated with a subdivision in Mecklenburg County, as you described in your application dated July 10, 1998. After reviewing your application, we have decided that this impact 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 application for a new certification. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. 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. 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 conforming 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. op How Jr. P. E. F.r Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Mr. John Dorney Central Files 980642.1tr A Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper 401 ISSLiED 40115 N 4 Soil. & Environmental Consultants, Inc. 231 16th Avenue N.E. ¦ Hickory, North Carolina 28601 ¦ (828) 322-6700 ¦ Fax (828) 322-6790 S&EC, Inc. 97-2-1019 July 6, 1998 US Army Corps of Engineers Attn: Mr. Steve Chapin 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 Re: Carmel Valley Phase H (+/- 25 acres) Charlotte, Mecklenburg County, NC Dear Mr. Chapin and Mr. Domey: NCDEHNR - DWQ Attn: Mr. John Dorney 4401 Reedy Creek Drive Raleigh, NC 27607 The purpose of this letter is to notify you of channel impacts for the proposed Bannington Road Extension in the project area known as Carmel Valley Phase H, Charlotte, North Carolina. The project proposes impacts under Nationwide Permit 14 as a complete and separate linear project. The road will connect Carmel Commons Boulevard and NC Highway 51. The attached site plans and USGS topo quad show the location of the project. The proposed activity is located in Mecklenburg County and is within lands owned by Fairfield Residential Company. Proposed impacts to jurisdictional channel under Nationwide Permit 14 are estimated to be 148 linear feet, and less than 0.013 acre of fill. Please call with questions. c ely, s Huysman Wetland DeliaeationiPermittiag/Mtigation Soil/Site Evaluation for On-Site Septic Systems F.aviroumeatal Assessments Home Office: 244 West Mil =k Road Raleigh, North Carolina 27609 Phone: (919) 846-5900 Fax: (919) 846-9467 DEM ID: Corps Action ID: Nationwide Permit Requested (Provide Nationwide Permit #): 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: FAIRFIELD RESIDENTIAL COMPANIES ATTN: PAUL JOHNSON 2. Mailing Address: PO BOX 5407 Subdivision Name: CARMEL VALLEY City: GRAND PRAIRIE State: TEXAS Zip Code: 75050 Project location address, including subdivision name (if different from mailing address above): 7200 PINEVILLE-MATTHEWS ROAD CHARLOTTE, NORTH CAROLINA 28226 Telephone Number (Home): (Work): 817-816-9400 fax: 817-640-9474 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) 322-6790 HICKORY, NC 28601 Location of work (provide a map, preferable a copy of USGS topographic map or aerial photograph with scale): County: MECKLENBURG Nearest town or city: CHARLOTTE Specific Location (include road numbers, landmarks, etc.): WEST OF MCALPINE CREEK; SOUTH OF HWY 51; EAST OF CARMEL ROAD 6. Impacted or nearest stream/river: McALPINE CREEK River Basin: CATAWBA 7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW), outstanding resource waters (ORW), water supply (WS-I 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 ( ® ) 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). ACTION ID 4: 199604189 (NATIONWIDE 26) 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: +/- 25 ACRES 9b. Estimated total number or acres of wetlands located on project site: 10a. Number of acres of wetlands impacted by the proposed project by: Filling: Excavation: Flooding: Other: Drainage: Total acres to be impacted: 10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: 148 FEET After: 0 FEET Width Before (based on normal high water contours): 4 FEET Width After: PIPE Average depth before: 3 INCHES After: PIPE (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? NO POND 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): ROAD CONSTRUCTION 13. Purpose of proposed work: PROVIDE ACCESS TO RESIDENTIAL AREA AND COMPLETE EXTENSION OF BANNINGTON ROAD 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): PROPOSED ROAD MUST CROSS CHANNEL 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). 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 USACOE IF 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 (?) b. If yes, has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? YES (F-1) NO (?) 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? COMMERCIAL / RESIDENTIAL 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. Owner's/Agent's ature CTl-Oho-`?8 Date (Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.)) a vh Mec7bu\\ \ ?;el s v Z r ..:\gh S e , 3884 rnson ? O it 1 r? \\ n I • ?:?•,, 1 O // l \ \ Q y0 O ?• cli zz?X h 8687, ? l1 , \?? ?.i/?`r / •rJ?? - _ (.? ?. \• , ? ' 1'? j • ? ? ?76statbn', • •~ 3650 'BOUNDARY OF _ 4' ; ? . SUBJECT PROPERTY + '.• . 'x„ ? ? . ?!.` ?' 1:' ?`J?' ?il,..:?.., __?..w ?? , i ?/ 550 ?' / ?. ? (i 3882 177 o° ??• '` • ,,,,,.• •• .,I• ?-/ /'" \ ? / J``?/'//•;\ ?t?- ? ( ?X / --` ,..? ?- ? dom. ?,??n? ? ?? '- ^; col ?.: ? ;-? y\?• . ?-?? u / ..? I • ? \??-??? ``! J 1??/, i ?^? 3881-?1 ZSLI 3880 sso QO c) If- WIT SZZ FIGURE Z. TOPOGRAPHIC FEATURES OF z SUBJECT PROPERTY !rK Tly' y . Al f ? , mss,.:; ? • _?_}_ +. ? . ' f _ •y y? ??•? IL- I IF- it. t .. - fib. ti?;? ..:•:????w`?, .`` y` :/. ? ? ./ r ??? 4+n ?j ? y ••f + ? O t L 00, cr. a . 5 40 40 ?. / • O) till ? ` ` 4 ,,? ,, . ,? M . •? to + • . 12 r ' 00 540 ? ?' - ? ? two s % ? .: / ? t ? ,.:.,? : * I i 1 ? ' ? - : 77 . • F s ?( .. . ?R O ? trt')?,..'-? fr :'? ?' lJ+?? ??'?7•??/v+t ` w xY ?nrl?? ? •, <!?•?" ? L w?'r 'V f t : -r' r ..""Sr '' Q -• .?c ?i- lop _ ? + ?Ti`f !? J f.••.? ?I \ _? . c .i?? c ?.:'•S..X ?: '- q'. 1aQ '?' x -r _ _ r fl. .. ??.r?•f ?I` -. .t i ? ?.? .i. Ii 3{ *.ur. ? "??'` ?,+???t'rX `a ?••y ? ."r'-?-?' r ? '? =?jf??` '?„ Zell, s . i+ . s.' V'< - .,,:?,,.,.{".z? 1??` ?.-?'t: ,.f .;acrd! -,?'t. .,?. 1c .,•,.•C?. ! _Qr 4.7 ?'?. ? _ t iii '•l,_-,, ?. ?.M !ti _ '?• -.r?,?/-'.9V ? te?????• ? .,_ . ` ? ? ' r , •s ? _ _ US ARMY CORPS/ENGRS ill?l-(U4-LPL lr[s °- [7.'S. ARMY,:C4ftPS OF ENGINEERS WV,MINGTONDISTRICT County 1NC[_'sC A1JISvKl,-- 19 9 6' O Action Id. GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIF1CATION L arty owner x A) a p a x s a. 44 7, 7 -rA C- :2 If ' rsddresa AT -rf nacphow No. p Qu j>o?i s ,D Sr? Z, Sin and Location of project (water body. road namelnumber9 town. eic•)T r C, 4iption of Activity rJe3c l,aw:?--- _-Section 404 (Clean Water Act, 33 U.S.C. 1 ?)- oplicablc -? ,section 10 (River and Harbor Act of 1899)- ,::.;.zk all that apply) -?--- ?utharization: ,,,?,Regionai General Permit Number. ,,.?Nationwidc Permit Number. _2 LPYCAM vided it is accotnplishcd 1cjur worts is authorized by this itcgional General (RGP) or Nationwide Pans it your jV*vi is subject to Section in strict accordance with the attached conditions and your submitted plans. must also tzcclve a Section 401 water 404 (if Section 404 block above is chm kcd), before beginning work y cetTification from the N.C. utie,t of Environmental oorkyoou mucon dw N.C. Divi ion nfP ?alitCoastal vity within the toventy coastal counntess. before re beginning activity Managesitent, telephone (919) 733-2243. e react and carefully comply with the attached condition of the ROP or p wok older, a rMto Lion order, o violation of ft Pleas or of the RGP or the NW? referenced above may subject the Pan appropriate legal action. nsihili to obtain itlec This Department of the Army RGP or NwPverro Ialsf does y Trelieve e'rmitee emaay need to contact apt??ate State any outer requited redotnl, State, or local app p and local agencie, before beginning work. of the conditions of the General Permit or Nationwide if there are any questions regarding this authorization or any permit. please Contact the Corps Rcruintory Official specified below. Date -7p-, '- 96=?- No. ?4 " 2 71 - br 7 Corp. Regulatory Of r-181 -pROJIF icxpiration Date of Verification ELI NF EUST y MATS. PIELD SKETCH, w>~ TLAND D FORM F RSEQUIRT? OR A S SURvE L BL BE ATTACHED TO THE YELLOW (pI1.F) COPY OF CESI?Mr FOne 6Y1 . w..IM JW +ws _.