19981103 Ver 1_COMPLETE FILE_19981110

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 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 22, 1998
Cabarrus County
DWQ Project # 981103
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
David Drye Company
170 Davidson Hwy.
Concord, NC 28027
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material 497 linear feet of waters for the purpose of constructing the Concord Parkway Apartments in Cabarrus
County, as you described in your application dated November 9, 1998. 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 the Corps of Engineers issues it. 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). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters to notify the state in order to assure compliance for 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).
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0500, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 497 feet of streams, in 030711 river and subbasin and 497 feet of
riparian restoration are required. Please be aware that the Wetland Restoration Program (WRP) rules
require rounding of acreage amounts to one-quarter acre increments (15A 211 .0503(b)).
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. 276 1 1-7447. 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.
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 9 50% recycled/10% post consumer paper
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Ron Ferrell; Wetland Restoration Program
David Odom
Si rel ,
Pre on Howard, r. P.E.
981103.1tr
NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, David Drye Company has permission as outlined below for the purpose(s) of
proposed Concord Parkway Apartments. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION: Concord, NC
COUNTY: Cabarrus
BASIN/SUBBASIN: 030711
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs must be rounded to
one-quarter acre increments according to 15A 211 .0503(b)
acres of Class WL wetlands
acres of riparian wetlands
acres of non-riparian wetlands
acres of Class SWL wetlands
497 linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Wetlands Restoration Fund per 15A NCAC 2R.0503. If you choose this option, please sign this form and mail it to the
Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC 27626-0535
[phone] ext. 358
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name David Drve ComDan
Project Number 98 1103
Recvd From APP
Received Date 11/9/98 Recvd By Region 11/13/98
Project Type residential
Michael L. Parker
Rex Gleason
11/30/98
County 'Cabarrus
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim, Supp. Basin Req. Req.
x-^^26 stream F(5-7 O N ?-?-?^-- 13-17-6-(5. ?-??-?-?-?0-30711^ r 497.00
r""?" Y N 1 ? 1 -??I I F-F-
Mitigation Wetland
MitigationType Type Acres Feet
r- r_ r r
Is Mitigation required? Q Y 0 N
Did you request more info? Q Y Q N
Is Wetland Rating Sheet Attached? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? t+• Y 0 N
Comments:
Recommendation: Q Issue O Issue/fond 0 Deny
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Michael L. Parker
WQ Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name David Drve Compan
Project Number 98 1103
Recvd From APP
Received Date 11/9/98 Recvd By Region 11/13/98
Project Type residential
County Cabarrus
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim, Supp. Basin Req. Req.
26 Stream P-7 -@N F- 13--17-6-(5. F C ?F_ 030711??^- 497.00
?? Y N, ?? I -^ ? ??? I Mitigation Wetland
MitigationType Type Acres Feet
Is Mitigation required? QQ Y O N
Did you request more info? Q Y QQ N
Is Wetland Rating Sheet Attached? Q Y t0 N
Have Project Changes/Conditions Been Discussed With Applicant? pQ Y 0 N
Comments: Recommendation: QQ Issue O Issue/Cond O Deny
An evaluation of the channel to be impacted was conducted on 11/13/98 with Steve Chapin of the
ALOE. Based on field observations, aquatic activity was observed in the channel. Such being the
.case, mitigation will be required for the entire length of the channel. In a subsequent phone
conversation with the a Ipp icant, it was learned that the applicant has decided to contribute to the
Wetland Restoration Program to compensate for the impacts.
Based on this information, it is recommended that a 401 certification be issued with a condition
ring payment to the WRP for the proposed channel impacts. __
Regional Office
Central Office Page Number 1
_A
?t
100 ?• , ORPS ACTION ID:
(PROVIDE NATIONWIDE PERMIT #)
UCTION 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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN: JOHN DORNEY. 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: David Drye Company
2. MAILING ADDRESS: 170 Davidson Hiphwav
CITY: Concord STATE: North Carolina ZIP CODE: 28027
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): N/A
3. TELEPHONE NUMBER: (HOME) N/A (WORK) [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: David Odom, 1506 E. Dixon Boulevard Shelby, NC 28152 [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Cabarrus - NEAREST TOWN: Concord
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Approximately 50U
southwest of the intersection of Highway 29 and Coddle Creek.
6. IMPACTED OR NEAREST STREANURIVER: Coddle Creek RIVER BASIN: Rocky River
7. (a) 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-fl)? NO IF YES, EXPLAIN: N/A
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? NO
(c) 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? N/A
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? NO IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
NO IF YES, DESCRIBE ANTICIPATED WORK: N/A
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 23.04 acres
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
None.
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: 497 FT AFTER: 497 FT
WIDTH BEFORE (based on normal high water contours): 17 FT
AVERAGE DEPTH BEFORE: -1.0 FT AFTER: - 1.0 FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL EXCAVATION: N/A CONSTRUCTION OF A DAM/FLOODING: N/A
OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) The work involves
the installation of a 36" drainage pine (HDPE) placed in a stream and then filled over to allow_ the
construction of an apartment complex. The pipe would be installed using a track-hoe.
13. PURPOSE OF PROPOSED WORK: To construct an apartment complex.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) This work
must be performed due to the location of the branch (down the middle of the site) and due to the elevation
difference between the creek and the surrounded bank We attempted several alternate desixns to reduce the
length of the pipe but could not do so without eliminating four buildings. The elevation difference between
the creek and the surrounding property compounded the problem due to the fill slopes required
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE 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: Letter to follow.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES W THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED Letter to follow.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? NO (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? N/A
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE N/A
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE 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 [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS: N/A
(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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(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 USE OF SURROUNDING PROPERTY? N/A
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US 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 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, L/
Alov 7o /9y'
JERRY NE4VTON DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
Concord Parkway Apartments
Proposed Site Plan

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NCDENR
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
Nov,
. ?,] I Nov - 9 08
JAMES B. HUNT JR.
GOVERNOR
Mr. Robert Wilson, Project Manager
David Drye Company LLC
170 Davidson Highway
WAYNE MCDEVITT Concord, North Carolina 28027
SECRETARY
,hrEGRW-1;'
Subject: 401 Water Quality Certification
Concord Parkway Apartments
Cabarrus County
Dear Mr. Wilson:
This Office has received information from the Cabarrus County Soil and
Sedimentation Control Office 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
Nationwide Permit 26, regardless of whether the Army Corps of Engineers (ACOE)
considers the stream as "subject to the 500 linear foot limitation". 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 (typically referred to as stream bioengineering). 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 is also 1:1.
919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 261 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
6
Mr. Robert Wilson
November 5, 1998
Page Two
In order to obtain Division approval for this proposed stream impact, seven (7) copies of
the Preconstruction Notification Application (PCN), 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. Downloadable
copies of the Division's General Certifications as well as the PCN can be accessed at the
Division's web page: http://h2o.ehnr.state.ne.us/wqhome.html If you do not have access to
this web page, please contact this Office at the phone number listed below and a copy will be
forwarded to you.
If you have any questions regarding this matter, please contact Mr. Michael L. Parker, Mr.
Charley Schwartz, Mr. Samar Bou-Ghazale or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Doug Miller, DLR
John Dorney, DWQ
Steve Chapin, USACOE
1040hstrcam\wilson stin