Loading...
HomeMy WebLinkAbout19980654 Ver 1_COMPLETE FILE_19980714BEACON January 21, 1999 Mr. John Dorney NC Dept. of Environment & Natural Resources Division of Water Quality Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, NC 27607 P I 'I' N V K S JAN 2 51999 !'UiiTrt?'?? ryW GROtIj?... Dear Mr. Dorney: Re: Beacon Partners Mecklenburg County DWQ #980654 We received your letter dated January 12, 1999 regarding the hold status of our project (copy enclosed). We request that our project not be withdrawn at this time. I apologize for the delay but we have hired a different consultant to review the project. We are currently reviewing the project with the new consultant and our civil engineer for full consideration of all options and Beacon Partners or a representative will be in contact with you as soon as possible. Please call if you have any questions or if there is any reason this project can not continue in a hold status. Your consideration in this matter is appreciated. Sincerely, Donnie Robinson cc: Jim McGovern, JMA Enclosure 50(x1 Northwoods Park%Aa) Suile \ Chw lotto NC 28209 7 01.."1)7. 7 75 7 Fay .-OK 6335 JAN 1 3 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 1 ! • NC ENR monk NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 12, 1999 Peter Lash Beacon Parnters 5900 Northwoods Parkway Suite A Charlotte, NC 28269 Dear Mr. Lash: Re: Beacon Partners Mecklenburg County DWQ # 980654 On September 9, 1998 the Division of Water Quality sent a letter stating your project was on hold since we were waiting to hear from you and the Corps. To date, we have not received any information regarding this project to make it an Individual Permit instead of a Nationwide Permit. If we do not hear anything from you within two weeks of the date of this letter, we will be forced to withdraw the project. If you have any questions, please contact John Dorney at 919-733-1786. J Si AhR. o Do y64 cc: Mooresville DWQ Regional Office Wilmington District Office Corps of Engineers Asheville Field Office Corps of Engineers John Domey Central Files Wetlands/401 Unit 1401 Reedy Creek Road Raleigh. North Carolina 2760'7 Telephone 919 33-1736 FAX # 733-9959 An Equal Opportunity \Itirmative Action Employer ?o" recycled 101- po,t 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 1 ? • 10- NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 12, 1999 Peter Lash Beacon Parnters 5900 Northwoods Parkway Suite A Charlotte, NC 28269 Dear Mr. Lash: Re: Beacon Partners Mecklenburg County DWQ # 980654 On September 9, 1998 the Division of Water Quality sent a letter stating your project was on hold since we were waiting to hear from you and the Corps. To date, we have not received any information regarding this project to make it an Individual Permit instead of a Nationwide Permit. If we do not hear anything from you within two weeks of the date of this letter, we will be forced to withdraw the project. If you have any questions, please contact John Dorney at 919-733-1786. Si c e o nR.Do y 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 919-733-1786 FAX # 733-9959 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 Mr. Peter Lash Beacon Partners 5900 Northwoods Parkway Suite A Charlotte, NC 28269 Dear Mr. Lash: 4 • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 9, 1998 Subject: 401 Water Quality Certification Beacon Partners project Mecklenburg County DWQ # 980654 COE # 199831007 On July 10, 1998, you wrote to the Division of Water Quality requesting a 401 Water Quality Certification for your project to fill wetlands for commercial development at W.T. Harris Blvd. and NC 115 in Charlotte, Mecklenburg County. The US Army Corps of Engineers has informed us with a copy of their August 10, 1998 letter that this project will require an Individual Permit rather than a Nationwide Permit. We cannot continue to process your application until the Corps begins the permitting process. Therefore I must hereby place this project on indefinite hold until you and the US Army Corps of Engineers gather the necessary information to develop an acceptable Individual permit application. If you believe that this decision is in error, please contact me at 919-733-1786 to discus the matter. Si Jo R. Dorney Wier Quality Certificatio Program cc: Mooresville DWQ Regional Office US Army Corps of Engineers Wilmington District Office John Dorney Central Files Chris Huysman; S & E C 980654.dcr Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper A -A1= kd North Carolina Wildlife Resources Commission 0 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Dorney, Division of Water Quality Dept. of Environment and Natural Resources FROM: Joe H. Mickey, Jr., Western Piedmont Region Coordinator Habitat Conservation Program V . DATE: July 30, 1998 ?I SUBJECT: DWQ ID No. 980654: Review of an application by Beacon Partners, WT Harris Boulevard Site, Mecklenburg County. Mr. Chris Huysman, Soil and Environmental Consultants, Inc., on behalf of his client, Beacon Partners, is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. 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). The proposed project will impact an estimated 1780 linear feet of unimportant channel (as determined by consultant) and 0.17 acres of wetlands. Based on review of the submitted plans, we will not object to the project as proposed provided that any mitigation required is accomplished to the satisfaction of DWQ and the COE. 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division Action ID. 199831007 Mr. Pete Lash Beacon Partners 5900 Northwoods Parkway, Suite A Charlotte, North Carolina 28269 Dear Mr. Lash: August 10, 1998 LU AM 2 6199$ s j W;,tWIAP1X' CRn,tP VITER rr''Fr (,r r.' . 1 T r This is in regards to your application dated July 12, 1998 for Department of the Army authorization to pipe approximately 1,780 linear feet of an unnamed tributary to Long Creek and fill approximately 0.17 acre of headwater wetlands in association with the proposed construction of a commercial development. The site is approximately 22 acres in size and is located in the southwest quadrant of the intersection of W.T. Harris Boulevard and NC 115, in Charlotte, Mecklenburg County, North Carolina. Your application, submitted on your behalf by Soil & Environmental Consultants, states that the above referenced 1,780 linear feet of stream channel has "unimportant" aquatic functions. On July 28, 1998, Mr. Steve Chapin of the Asheville Regulatory Field Office, determined that the 1,780 linear feet of stream channel does have "important" aquatic function for the following reasons: (1) presence of persistent pools; (2) reduced or hydric channel bottom; (3) hydrophytic vegetation present in or adjacent to the channel; (4) use of the stream by wildlife species including observed frogs, snakes, and songbirds; (5) presence of flow throughout the length of the channel during a time of the year when low flows are expected; (6) some observed macro invertebrate presence (water striders and whirligig beetles); (7) some higher quality channel substrate in the form of clean sand and gravel; (8) stable, sinuous channel characteristics; and (9) designation on the U.S.G.S. quadrangle as a dotted blue line stream. In addition, the state Division of Water Quality reported to us that fish were present throughout the entire stream segment. As a result of our findings, we have determined that your project is not eligible for permitting under Nationwide Permit Number 26 (NWP 26). NWP 26 only allows up to a maximum impact of 500 linear feet of "important" stream channel. Therefore, should you wish to pursue this project under the current proposal, it will be necessary that you apply for an individual permit which should include appropriate compensatory mitigation for stream impacts exceeding 150 linear feet. -2- Any questions you may have concerning the above findings, should be directed to Mr. Chapin at (828) 271-40'14. Your compliance with our regulatory program requirements will be appreciated. Sincerely, i? Robert W. Johnson Office Manager Asheville Regulatory Field Office Copies Furnished: Mr. Chris Huysman Soil & Environmental Consultants, Inc. 231 16th Avenue, N.E. Hickory, North Carolina 28601 Mr. John Dorney NC Department of Environment & Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 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 Mr. Chris Huysman Soil and Environmental Consultants 231 16" Avenue NE Hickory, NC 28601 Dear Mr. Huysman: Re: Beacon Partners project Mecklenburg County DWQ # 980654 All* NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 17, 1998 The Division of Water Quality has reviewed your submittal for a 404/401 permit for commercial development in Mecklenburg County. Your application was not complete since a detailed (i.e. labeled with street and highway names) locational map was not included. Please provide information regarding the location of this project. This information is needed by DWQ in order for us to decide whether this project is approvable. I can be reached at 733-1786 if you have any question. Until this information is received, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Also, the project will be placed on hold for our processing due to incomplete information (15A NCAC 2H.0507(a)(4)). cc: Mooresville DWQ Regional Office Wilmington District of Corps of Engineers Asheville Field Office Corps of Engineers John Dorney Central Files hn R. Dorney ater Quality ( Program 980654.hld 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 oil & Environmental Consultants, Inc. 231 16th Avenue N.E. ¦ Hickory, North Carolina 28601 ¦ (828) 322-6700 ¦ Fax (828) 322-6790 US Army Corps of Engineers Attn: Mr. Steve Chapin 151 Patton Avenue, Room 143 Asheville, NC 28801-5006 Dear Mr. Chapin and Mr. Domey: NCDEHNR - DWQ Attn: Mr. John Domey 4401 Reedy Creek Drive Raleigh, NC 27607 The purpose of this letter is to request Nationwide Permit 26, and its General Certification for the proposed Beacon Partners, WT Harris Boulevard Site. The proposed activity is located within Mecklenburg County and is shown on the attached site plans, aerial photograph, and USGS topo quad, Permanent impacts under Nationwide Permit 26 are estimated to be 1780 linear feet to unimportant channel (as assessed by consultant), and 0.17 acres of fill in wetlands. A storm water management facility is proposed as the site is commercial and requires this PCN. Please call with questions. ,Sincerely, Chris Huysman Wetland Deiine=oo/Petmittin%&ft9ation Sml/Site Evaluation for On-Site Septic Systems Environmental Assessments Home Office: 244 West MOlbeook Road Raleigh, North Carolina 27609 Poona (919) 846-5900 F= (919) 846-9467 ,* _k . i• July 10, 1998 S&EC, Inc. 2-1097 DEM ID: Corps Action ID: Nationwide Permit Requested (Provide Nationwide Permit #): NATIONWIDE 26 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: BEACON PARTNERS ATTN: MR. DONNIE ROBINSON MR. PETE LASH Mailing Address: 5900 NORTHWOODS PARKWAY, SUITE A City: CHARLOTTE State: NC Zip Code: 28269 Project location address, including subdivision name (if different from mailing address above): SEE BELOW Telephone Number (Home): (Work): 704-597-7757 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 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, NC Specific Location (include road numbers, landmarks, etc.): AT THE CORNER OF WEST W.T. HARRIS BOULEVARD AND OLD STATESVILLE ROAD (NC HWY 115). SEE ATTACHED AERIAL PHOTOGRAPH AND USGS TOPOQUAD 6. Impacted or nearest stream/river: UNNAMED TRIBUTARY TO LONG 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). 8b. Are additional permit requests expected for this property in the fixture? YES (? ) NO ( ® ) If yes, describe anticipated work: 9a. Estimated total number of acres in tract of land: ACRES TOTAL APPROXIMATELY 22 9b. Estimated total number or acres of wetlands located on project site: 0.32 ACRES I Oa. Number of acres of wetlands impacted by the proposed project by: **************PROPOSED IMPACTS SHOWN ON ATTACHED MAP ****************** **********TOTALS OF IMPACTS SHOWN BELOW********** **********ONE NW 26 PROPOSED********** Filling: 0.292 ACRES Flooding: Drainage: Excavation: Other: Total acres to be impacted: IOb. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: 1780 LINEAR FEET (ASSESSED BY CONSULTANT TO BE UNIMPORTANT CHANNEL) After: AVERAGE Width Before (based on normal high water contours): 3 FEET AVERAGE Width After: PIPE Average depth before: 0.2 FEET After: PIPE (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: ? Channel Excavation: ? Placement of pipe in channel: 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? DETERMINED BY ENGINEER PRIOR TO DESIGN What is the expected pond surface area? STORMWATER MANAGEMENT FACILITY TO BE DESIGNED BY ENGINEER. 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 COMMERCIAL DEVELOPMENT 13. Purpose of proposed work: PROPOSED COMMERCIAL DEVELOPMENT 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): ACCORDING TO DEVELOPER, IMPACTS ARE MINIMUM NECESSARY TO MAXIMIZE SITE DEVELOPMENT. IMPACTS APPEAR TO BE MINIMUM NECESSARY FOR SITE DEVELOPMENT. CHANNELS OUTSIDE OF LIMITS ARE NOT TO BE IMPACTED. SEE ATTACHED DISCUSSION BY BEACON PARTNERS. 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 ([I) NO (r-1) b. If yes, has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? YES (?) 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? RESIDENTIAL / COMMERCIAL f If applicable, what is proposed method of sewage disposal? SANITARY SEWER SYSTEM 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. I I Owner's/Agent's Signature Date (Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.)) 06/26/98 FR1 12:Za VAA /U4 ONO oJJO -- - - - PAGE 02 x/1998 08:03 8283226798 Oil A a Coats, Inc. 231 I6tfs Avaam N.E. • Wdmy, Not* Ca v im 28601 ¦ (W 322-CM • Fa: (M) 322.6790 22pmGc,-1._ ; Deputmm of the Amy U.S. Army COP of F, OMM Wibainpn Dlstrkt PO Box 1390 Wilmington, NC 23402 Attn: Fidd Offim: Re: Welamis Relsrd Cow a.d l To Whom It Mary Cwro M 1. the curfm Pmletq? a*= romW da¦*ale aid Soil and FavieomrMai Caasultssas. ? to act in txhalt as my ? in *6 prooetdn3 d P? too, raq?t ?? Trig tre Z_?TM ?! ? _ JU?1E . 19%. iaopppn of appboadoos, atc. Siam tbb 4W derward This aatECdi= snlarsedes MY previous oorraapoad?ooa cam ? Ownets Natoe: PETE L.14Sl-? owoms Side: C-- , Place Priat cc: Mr. Tire Em"" NCvwfAm _ DWQ 4401 RW* Ceaat Rod Raleillb, NC 27607 a: Mr. Chris Sail and Savimoss I Cam. lac. SaillSilr Bwrrlfaa !rr Orrsirs Sam : Asasusal OC61.V11 1 Oa a. ua.a u wddad -mom ldr.ae ll19) iri?M Fm (919) i469?67 HMO Omar 2" ws D,?waiclad 3alai*.l4O& C mOm 27x19 L 96 U0/1L/U5 rKl 14.40 r.ye r V4 V- ..?.... ?_ The Hams Boulevard development project is approximately 22 acres of land located at the comer of West W.T. Harris Boulevard and Old Statesville Road (NC Hwy. 115). The development plan for the site consists of 175,000 square feet of single-story office/warehouse and two retsiUservice out parcels on the comer. We have owned portions of this property since 1989. Until recently, we have been unable to form a economically viable development plan that would meet DOT and zoning requirements. The only development obstacle remaining for this site is impact to channel and wetland areas which may be considered jurisdictional. There are several reasons for a development plan that causes impact which will be listed individually but must be considered collectively due to their impact on each other. First, the site elevations, as they relate to road elevations, limit the type of use for the property. Second, the topography and utility easements will require extensive costs for grading and land preparation. Third, the useable portion of the site is significantly reduced by a 35' setback along West W.T. Harris Blvd., a 20' setback along Old Statesville Road and a 100' buffer along the southern property line. Fourth, limited access is available from both West W.T. Harris Blvd. and Old Statesville Road. Finally and foremost, the location and direction of the channel, diagonally across the middle of the site, prohibits development of an economically feasible amount of square footage. Channel location also makes it impossible to join the controlled access points without impact to the channel. Impacts to the channel and wetland areas have been minimized by full use of all high land and a recent rezoning of the site. The rezoning eliminated a road extension across the site and conditioned the buffer requirement. Given the information contained within this statement, every effort has been made to minimize impact to all channels and wetlands contained on the site while meeting the economical demands of the land improvements. 1 / 1 1 7,2 4j] DERITA USGS TOPOQUAD CHARTLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA NATIONWIDE PERMIT APPLICATION prepared for: Beacon Partners 5900 Northwoods Parkway, Suite A Charlotte, North Carolina 28269 (704) 597-7757 by: Soil and Environmental Consultants, Inc. 231 16th Avenue N.E. Hickory, North Carolina 28601 (828)322-6700 44 r r BEACON PARTNERS, WT HARRIS BLVD. SITE T 00 do w A N ID N Highway 115 ,?,•. rte- ?s t . It ++ f' E aim ` A11O V,il w! 1 ,?. I S r:: . sunset VIEW FRoIA WETLAMD To 914N CaRovNp VIEW OP TYPICAL f-NANNEL Delineation Performed by: Soil & Environmental Consultants, Inc. 244 West Millbrook Road 231 16th Avenue NE Raleigh, NC 27609 Hickory, NC 28601 Phone: (919) 846-5900 Phone: (704) 322-6700 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Date: 5/27/98 Applicant/Owner: Beacon Partners County: Mecklenburg Investigator: Chris Huysman / Tamp Bandy State: North Carolina Do normal circumstances exist on the site? Yes Community ID: wetland Is the site significantly disturbed? Yes (Atypical situation) Transit ID: Floodplain Is the area a potential problem area? No Plot ID: wetland areas (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator 1. Sagittaria spp. herb OBL 2. Salix nigra tree OBL 3. Carex spp. forb FACW+ 4. Juncus spp. forb FACW 5. 6. 7. 8. Dominant Plant Species Stratum Indicator 9. 10. 11. 12. 13. 14. 15. 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 100% Remarks: HYDROLOGY Recorded Data (describe in remarks) Wetland Hydrology Indicators: Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs Inundated Other X Saturated in Upper 12 Inches X No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: 0-3_ (in.) Seconda ry Indicators: (2 or more required) X Oxidized Root Channels in Depth to Free Water in Pit: 0 (in.) Upper 12 Inches Water-Stained Leaves Depth to Saturated Soil: 0 (in.) Local Soil Survey Data X FAC Neutral Test X Other (explain in remarks) Remarks: This area has been disturbed by clearing, some of the old tire ruts are inundated WLdata.frm Project # 98-2-1097 SOILS Map Unit Name: (Series and Phase): Disturbed Worsham Taxonomy (Subgroup): Drainage Class: some what poorly drained Field Observations Confirm Mapped Type? No Profile Description: Depth Matrix Color ins.) Horizon (Mansell Moist) 0-7 A 7.5YR 4/2 7-14 Bt 10YR 5/2 Hydric Soil Indicators: Histosol Mottle Colors Mottle (Munsell Moist) Abundance/Contrast 10YR 5/2 common distinct 5Y 5/2 common prominent Histic Epipedon Sulfidic Odor X Aquic Moisture Regime X Reducing Conditions X_ Gleyed or Low-Chroma Colors Texture, Concretions, Structure etc. sandy clay sandy clay X Concretions High Organic Content in Surface Layer in Sandy Soil Organic Streaking in Sandy Soils Listed on Local Hydric Soils List ** Listed on National Hydric Soils List X_ Other (explain in remarks) Remarks: Resident clays have mixed mineralogy and slow permeability Wetland Determination (yes or no) Hydrophytic Vegetation Present? YES Wetland Hydrology Present? YES Hydric Soils Present? YES Is This Sampling Point Within a Wetland? YES Remarks: Soils have been disturbed by installation of sanitary sewer line and timber clearing. WLdataftm Delineation Performed by: Soil & Environmental Consultants, Inc. 244 West Millbrook Road 231 16th Avenue NE Raleigh, NC 27609 Hickory, NC 28601 Phone: (919) 846-5900 Phone: (704) 322-6700 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Date: 5/27/98 Applicant/Owner. Beacon Partners County: Mecklenburg Investigator: Chris Huysman / Tamp Bandy State: North Carolina Dn normal rirrnmstanr .q exist on the situ Is the site significantly disturbed? (Atypical situation) Is the area a potential problem area? (If needed, explain on reverse.) YPS No Community 1n• Piedmont hardwoM Yes No forest / field Transit ID: non-wetland areas Yes No Plot ID: Upland areas VEGETATION Dominant Plant Species Stratum Indicator 1. Smilax rotundifolia vine FAC 2. Lonicera japonica vine FAC- 3. Ouercus alba tree FACU 4. Larva tomentosa tree FACU 5. Acer rubra tree FAC 6. Junipen4s virginiana tree FACU- 7. Cornus florida tree FACU- 8. Lonicera japonica vine FAC- Dominant Plant Species 9. Pinus virginiana 10. Quercus rubra I I.Festuca arundinacea 12. 13. 14 15. 16. Stratum Indicator tree FACU tree FACU grass FAC- Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 45% Remarks: HYDROLOGY Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: 0 (in.) Depth to Free Water in Pit: none- (in.) Depth to Saturated Soil none- (in.) Wetland Hvdroloev Indicators Primary Indicators: Inundated Saturated in Upper 12 Inches 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) Remarks: well drained upland areas WLdata.frm SOILS Map Unit Name (Series and Phase): Pacolet Taxonomy (Subgroup): Kanhapludults Profile Description: Project # 98-2-1097 Drainage Class: well drained Field Observations Confirm Mapped Type? Yes No (field identified by soil scientist) Depth Matrix Color Mottle Colors Mottle Texture, Concretions, ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. 04 Al 7.5YR 4/4 loam 4-8 E 7.5YR 5/6 fine sandy clay 8-13 BE 5YR 5/6 sandy clay loam 13-20 Bt 5YR 5/6 sandy clay Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Remarks: *USDA Soil Survey Wetland Determination (yes or no) Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Is This Sampling Point Within a Wetland? Remarks: Concretions High Organic Content in Surface Layer in Sandy Soil Organic Streaking in Sandy Soils Listed on Local Hydric Soils List ** Listed on National Hydric Soils List Other (explain in remarks) Yes No Yes No Yes No Yes No WLdata.frm lo-I 4090 dam s... adw /MOM? ' 400 4 %b Vol I J I I r?[ 3 _ ??? -- it } L ` ?i ` 1 -r - Art I. I r ,? 4 ' • 1 i / i t ? I J? r , ., ? I J 1 r ? ? I r ? ?• ' t - t \ At- t I `I ?.- I r.t, i r .• i . _ i I 1 ;,1 , I k ?, r ,•, , r? it t , ? j f + fl ?.?, 1 •' \ \ o I 1 a F ,' 4 In bi I I fr •t I 1 ti Yu. ?• ?1 \ _TA 11 ', , ? 1 ? ?, Stu .??? ( ?•`'? _\^``, !} { ?1 't Sys ?' ? •y? ?,• ` . \ 1 I 1 f' II i 1 { I nit ' i, "i X-V J O r /' ??' ' F1 it lr,i+ r`, r i ? r 1? r A .? 1 l r? r 4'. , ? l 1 l '\ OF 00 lift ' it/ 1 i r pO •h ( ? 1 i r,' l ? Md0 ? I r , r?r• ?? ' r ' +• ?Q'i:P? N i ' ri ' ' •,?•J,..'!t'w; ..? r, X11 Jill co" 41 f? ; Nr o ~ n I u r? a W M \ ? o j W N \ \ 0 -H "',r 1rr Jill ;nth C p '? ? U Jill ioW L D g o tn -H 40 l4Z a6od 9 8W o , o uolswpgnS poomisoM jo oull r(ljajso3 s6w.10813 jo slsog o t co -? o i 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 Mr. Donnie Robinson Beacon Partners 5900 Northwoods Parkway Suite A Charlotte, North Carolina 28269 Dear Mr. Robinson: LTRXA /•• DIN FWA-rER UAugust 14, 1998 Subject: Beacon Partners Commercial Development DWQ Project No. 980654 Mecklenburg County The Division of Water Quality has reviewed your application and plans for the discharge of fill material into 1780 feet of streams and 0.17 acres of wetlands located on W. T. Harris Boulevard in Mecklenburg County. Based on this review, significant uses have been identified, which would be removed or degraded by this project. These uses are aquatic life uses in the stream. These aquatic life uses were identified in a site visit by Regional Office staff on July 29, 1998 and NC Wildlife Resources Commission (NCWRC) staff on August 3, 1998. Division and NCWRC staffs were able to document the existence of at least two (2) different species of fish (red breasted sunfish and creek chubs) as well as evidence of fish propagation. These findings are inconsistent with the findings of your consultant, whose evaluation of the stream failed to note this aquatic life use and who characterized the channel as unimportant. Furthermore, the direct result of incorrectly evaluated stream and/or wetland functions is an unavoidable delay experienced by both the applicant and the Division while additional information is prepared for submittal and review. As noted in the paragraph below, a mitigation plan must he prepared and approved prior to issuance of the 401 Certification . Such being the case, there is insufficient evidence is present in our files to conclude that your project must be built as planned in these waters and/or wetlands in accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the proposalare made as described below, we will have to move towards 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. Pending receipt of this information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers 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 wetlands. Specifically, can the subject project be constructed on nearby uplands outside of the stream/wetland boundaries or can stream impacts be limited to less than 150 linear feet? Any documentation such as maps and narratives that you can supply to address the alternative designs for your project may be helpful in our review. If the impacts are found to be unavoidable, and exceed 150 feet of stream channel, please be advised that this project will require compensatory mitigation for the entire length of channel (1780 linear feet) as described in 15A NCAC 2H.0506(h). Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmattve Action Employer 50% recycled/10% post consumer paper Mr. Donnie Robinson August 14, 1998 Page Two Please respond within two weeks of the date of this letter by sending a copy of the requested information to me and one copy to Michael Parker, Mooresville Regional Office at 919 N. Main Street, Mooresville, N.C. 28115. If we do not hear from you within 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. Sin erely, Jo R. Dorney Water Quality Certific 'on rogram cc: Mike Parker, DWQ Mooresville Regional Office Steve Chapin, Asheville Feld Office US Army Corps of Engineers John Dorney Central Files