19981099 Ver 1_Complete File_19981015

A,Lnm
i - NCDENR
JAMES B. HUNT JR.
GOVERNOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 14, 1998
Mr. John E. Jenkins
JEJ Limited Partnership
WAYNE MCDEVITT Post Office Box 12366
SECRETARY
Gastonia, North Carolina 28053
Subject: 401 Water Quality Certification
Jenkins Property between Delta Drive and I-85
Gaston County
Dear Mr. Jenkins:
This Office has received information from the Division of Land Resources that
you may have disturbed 150+ feet of a stream during the grading of the subject property.
More specifically, you have installed piping in a channel that may be characterized as a
stream under the Army Corps of Engineers (ACOE) current stream determination
criteria. The piping was installed for the intended purpose of a road crossing.
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 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 7Q 10/30Q2 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 28115
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
'K
Mr. John E. Jenkins
October 14, 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.chnr.statc.nc.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,
i'
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Doug Miller, DLR
John Dorney, DWQ
Steve Chapin, USACOE
h:\401 \stream\jenkins.stm