19991262 Ver 1_COMPLETE FILE_19991116

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
LIFAhRMAI
Own"
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 18, 2000
DWQ Project #: 991262
Mecklenburg County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. Greg Panos
Dear Mr. Panos:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 330
feet of streams located at your lot in Mecklenburg County for residential development. Based on this
review, we have identified significant uses, which would be removed or degraded by this project.
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, 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/or
wetlands. Specifically can you provide design details as to the pattern, dimension and profile of the
relocated stream as well as monitoring plans to assure its functioning? Also, please discuss why channel
impacts occurred before the required 401 Water Quality Certification was issued. DWQ needs this
information to decide whether to proceed with an enforcement action on this project. Any documentation
such as maps and narrative that you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and one copy to Mr. Mike Parker, Mooresville DWQ Regional Office at 919 North Main Street,
Mooresville, NC 28115, 704-663-1699. If we do not hear from you in three 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no longer want to pursue this project and we will consider the project as withdrawn.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
919-733-9646 if you have any questions.
n erel ,
n ney
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
File Copy
Asheville Field Office Corps of Engineers
Len Rinder; 3714 Spokeshave Lane, Matthews, NC 28105
Danny Smith
Dave Penrose
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
LEONARDS j2YNmwER PWS
Environmental Planning Consultant
Professional Wetland Scientist 3714 Spokeshave Lane
Land Planning Matthews, NC 28105
Tele: [phone]
January 31, 2000 Fax [phone]
Mr. John R. Dorney
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker ~ 8
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: 1*gle Family Reciden?e + ?.2 AcreMe klenb ur North . NCarolina -Nationwide Permit
Dear Sirs:
On behalf of my client, Mr. Greg Patios, I am respectfully requesting a re-evaluation of the significance of
the stream channel by the DWQ and reconsideration of the request for additonal information.
The small channel is generally in the center of the lot. Except for a small crossing, it was indirectly impacted
by a contractor employed by the owner of the lot during the clearing of extremely dense bamboo and
ligustrum. According to the owner of the lot, there was no water in this channel when the site was cleared.
A house, garage, and driveway were also removed from the site. A small crossing, approximately 20' wide
was built over the channel during the clearing and clean-up of the lot. This created a temporary small
impoundment which appeared this winter. This crossing has since been removed. Even though the
overgrowth has been removed, the site has not been filled, excavated, or graded. During a site visit in
October, I evaluated the channel and did not find an a uatic life. Although there was a very thin layer of
dro a soi m t e c annel, the substrate was primarily silty clay loam with some sandy alluvium. The channel
also appears to have been modified in the past by the previous property owner.
The proposal submitted with the application in November requested confirmation of eligibility to disturb
300 If of this intermittent stream to construct a single family residence on a lot. Since avoiding the
intermittent channel is impracticlable, impacts to waters of the U. S. were proposed to be minimized by
culverting approximately only 150 if and relocating 150 If or more utilizing accepted bio-engineering
techniques. In our opinion, the small channel is very minor and does not appear to require miti9z Lion, if
impacted. Cra s , amp i cans, fish; and areas of pooling water were not found. Since the stream may be
below the mitigation requirements, we feel that requiring design details, dimensions, profiles, and monitoring
plans, should not be required. However to minimize impacts, the proposed relocated channel will include
utilizing natural/in kind substrate (sand/gravel/cobble) for the stream bottom, meanders, and bank
stabilization utilizing plantings of herbaceous, scrub/shrub, and woody species along the created streambanks
and riparian berm. Streambanks will be properly sloped and protected by planting, live stakes, and other
acceptable techniques. The channel will be engineered to influence the flow in the channel to minimize bank
erosion, enhance bank stabilization; and/or establish viable aquatic habitat. A temporary seeding mixture
consisting of annual grasses will be installed for stabilization and erosion control before a suitable permanent
grass mixture is developed for installation. As-builts will be forwarded to the NCDWQ and the USACE.
Mr. John Dorney, Mike Parker,
Page 2, January 31, 2000
As indicated in the original submittal, planting of the proposed riparian and stream banks (as applicable) will
be selected from the following list:
& U&IShr b
Alnus serrulata. ltea virginica
Cornus amomum Ilex decidua
Salix nigra Viburnum species
&ttomland Hardwood
Diospyros virginiana Frax. pennsylvanica
Quercus species Taxodium distichum
Cephalanthus occidentalis
Lindera benzoin
Others as approved
Nyssa sylvatica
Others
These areas will be constructed concurrently with grading operations involving permitted stream impacts.
Planting will be conducted in the winter, spring, and the fall. Annual ryegrass or other annual vegetation will
be utilized in order to provide temporary stabilization during the summer and winter months or until planting
times become available. During planting wetlands and surface waters will be protected from erosion and
sedimentation. Control structures such as sedimentation traps, siltation barriers, and/or at a minimum silt
fence will be utilized as necessary. Planting shall be in naturalistic / random clumps to encourage diversity.
Specific plant species, quantities, and size which will be utilized for the mitigation sites will be dependent on
availability, cost, time of year in which planting occurs. Existing wetlands and surface waters and buffer
areas will be protected from erosion and sedimentation during construction and installation of the mitigation
sites. Control structures such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be
utilized as necessary.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely,
A Leonard S. Rindner, PWS
Environmental Planning Consultant
cc: George Plumides
Greg Panos
Steve Whaley
David Penrose
Danny Smith
Mr. Steve Chapin
- 1-rev- ???-X903 T0: 3768235 " i v'7- .?
FAGE:02
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED .MAIL-RETURN RECEIPT REQUESTED
Mr. Greg Panos
Dear Mr. Patios:
January 18, 2t1UU
DWQ Project #: 991262
Mecklenburg County
The Division of Water Quality has reviewed your plans for the discharge of fill material into 330
feet of streams located at your lot in Mecklenburg County for residential development. Rased on this
review, we have identified significant uses, which would be removed Or degraded by this project.
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, we are requesting (by copy of this let(er) 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 prciicct must he
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you pruvidc design details as to the pattern, dimension and profile of the
relocated stream as well as monitoring plans to assure its functioning? Also, please discuss why channel
impacts occurred before the required 401 Water Quality Certification was issued. DWQ needs this
information to decide whether to proceed with an enforcement action on this project. Any documentation
such as maps and narrative that you can supply to address alternative designs for your prc?iect may be,
helpful in our review of your 401 Certification,
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and one copy to Mr. Mike Parker, Mooresville DWQ Regional Office at 919 North Main Street,
Mooresville, NC 28115, 704-663-1699, If we do not hear from you in three 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
919-733-9646 if you have any questions.
cc: Mooresville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
File Copy
Asheville Field Office Corps of Engineers
Len Rindec 3714 Spokeshave Lane, Matthews, NC 28105
Danny Smith
Dave Penrose
Wetlands/401 Unit
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NNORTCHCAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1621 Mail Service Centcr Raleigh, North Carolina 27669-1 62 1
Telephone [phone]
An Equal Qpportunity Affirmative Action _mlover FAX # [phone]
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t1.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200030168; 200030103-`?-0
County Mecklenburg
GENERAL PERMIT (REGInNAL AND NATIONWIDE) VFRiFICATION
Property owner: Mr. Greg Panos
Address: 5939 Monroe Road, Suite 200 T
Charlotte, NC 28212
Telephone No.,
Size and Location of project (water body, toad natnc/numbu, (own, etc.):
Private residential property located on 2.2 acre tract on Vernon Drive (off of Providence
Road) in Charlotte.
Description of Activity:
(1) NWP 14 (200030168) - Upgrade all existing road crossing which will provide access to
residence. Crossl will impact approx. 30 LF of an unnamed tributary to Brier Creek; (2)
NWP 26 (2000301- Culvert. 150 LF and relocate 150 LF of
an unnamed tributary to Brier Creek
into a bioengineered channel for the purpose of accoinodating the construction of a private
residence. This tributary has been determined to have "unimportant" aquatic function.
Applicable Law: X-Section 404 (Cleat) Water Act, 33 U•S_C,1.344),
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional Gcncral Permit Number.
14• Zfi Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NwP) provided it is ac c ornplished in
strict accordance with the attached conditions anti your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before begituiing work you must also receive a Section 401 water
quality certification from the N.C. Division of Environtmental Management, telephone [phone],
Please read and carefully comply with the attached conditions of the RGP or, NWI'. Any violation of the conditions
of the RGP or the NWP referenced above may subject the p(Mruttee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of flit Army RGP or NWP verification does not relieve the pcrtnittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permince inay need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date
Corps Regulatory Official_.__ Steve Cha
p1U-----•-- '1'clephone No. __($2$) 271-404 Expiration Date of Veriftcation_?_14 - Ue.cef??hr•r 1'3 ?nn? • NWp??.
cc: Mr, Leonard S. Rindner LX 5. 20UI
(741SAW Noun 591
R00" July 1995
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Greg Panos County Mecklenburg
Project Number 99 1262 County2
Recvd From APP Region Mooresville
Received Date 11/16/99 Recvd By Region
Project Type residential
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
BE
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 Stream P-7 @)N F- 11-1-37-8-2 C r- 30,834. 330.00 1 1
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetiand Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 351044
Comments:
Longitude (ddmmss) 804843
Charley Schwartz visited the site on Jan uary 4th' 20 00. The sit e had been cleared prior to the site
visit anrd the stream had been significant l m-ypacted by sedimen t. The upper portion of the channel
appeared to have dimensions and chara cteristics in dicative of a perennial stream with life sup op rting_
capabilities Unfortunately an extensive amount of woody debri s made neetong of biological
specimens impractical. It is this Office's ononinion th at the strea m should be considered mitigatable.
The applicant has proposed nine 150 feet or mor e of channel and relocate an addition 150 feet
plus of channel. Whil . the applicant indi cates that t he channel will be boo-engineered and
details sh
incorporate Rosge
pron6ples owing how this is to he done are not provided. More
-
,
detaoled onformation regardong the reloca tion must b e nrovoded p roor to approval. The city of charlotte
is also doing stream channel work in the y6c4n'ty and pploca
the a_ nt's consultant has been advosed to
contact the Doty about the scope of the co ty's project. ,
The coty's project has been assigned a 401
certification # of 99-1008 (font next pa ge)
cc: Regional Office
Central Office Page Number 1
Facility Name Greg Panos County Mecklenburg
Project Number 99 1262 Regional Contact: Charley Schwartz
Date:
Comments (continued from page 1):
The city project is hping?ursued to alleyiate floodi ng_problems in the area. A fly designed or
mplemented po*ect on the Panos' r .sid .nc . may exacerbate the problem. This Office recommends

that the applicant prepare more detailed plans reg arding the stream relocation work on the property
and to oord6nate activeties w*th the city pr ior to the State's issuance of a 401 certification.
cc: Regional Office Page Number 2
Central Office
401s
loft
Subject: 401s
Date: Mon, 06 Dec 1999 13:58:20 -0500
From: Charley Schwartz <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: Cyndi Bell <[e-mail]>
Cyndi, ??? L (rte ?? nQ?
Mike has assigned projects 99-1247,1262,1250 & 1246 to me for review. I
will be out of the office until 1/4/00 at which time I will visit the
sites and prepare my comments. The expiration date is listed as 1/14
for the projects. This will leave only about a week for you folk to
review my comments. Mike said it is about the only way for the sites to
be reviewed. Just wanted to let you know that these projects would be
coming very near the deadline. If you have any questions you may reach
me at [e-mail]
Charley Schwartz - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
Charley Schwartz <[e-mail]>
%TITLE%
NC DENR - Mooresville
Div. of Water Quality
12/7/99 9:25 AM
Panos Residence
Vernon Drive
Charlotte, Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentati(t '?
{
NATIONWIDE PERMITS THAT REQUIRE NOTIFICA
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE h..
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. Greg Panos 9C
, .
5939 Monroe Road, Suite 200
Charlotte, NC 28212
Prepared By: REL,E- (VE D
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]

*Subject to verification by the USACE
Date : 11/99
DEPT ID: _ CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): ?rCr 14
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TIM CORPS OF ENGINEERS
2) APPLICATICN FOR SECTION 401 CERTIFICATION
3) CCCRDINATICN WIT? MI-EE NC DIVISICN OF COASTAL I?NAGe'..N',
SF_YD THE ORIGINAL AND COPY OF T
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QUESTIONS REGA;S_VG THE STATE CLEARINGHOUSE REVIEW PRCCESS SHOULD BE
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CAROLINA DEPA;__•SENT OF ADMINISTRATION, 1:6 WEST JCNES STREET, LALEIGF,
NORTH CAROLIN:. ?7603-2003, TELEPHONE (B::) 733-6369.
4
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 STRCAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE M_AP . MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
LdC EQUALS 100 FEET OR THEIR EQUIVALENT .
b. IF n?1=.=LABLr:, REPRESENTATIVE PHCT0GRAPH OF WETLANDS TO BE
24P._CTED BY ?ROJZ-CT.
0F:_NEAT_0N WAS PERFORMED B',' CONSULTANT, INCLUDE A7L DATA
SHEETS RELZV.NT TO THE PLACEMENT OF THE :)=LINEATION LINE.
d. ATTA.C= A. CCPY OF D STOR -WAT:_. ?•L-NAGEMENT P?: `1 IF REQT.?._?.
e. WF-k-- =S LAND USE OF SURROUNDING PROPERTY?
See u,4+ci, Li1e4 repo('
W:-.=-- IS P?CCPCS:. X-THCD CF ;inJF. D:. PCS _?
Lhu.r,lo++-e Me-c-1Qe-y\60F% v+d i+i s
g S='N -ND D---?D AGENT AUTr.OR:-___:ON LETT-73, :_ .__:.
NCT .': WE TI. ,NrS OR WATERS OF THE U.S. VAY NOT BE IMPACTED PRIOR TO :
1) ISSUANCE OF A SECTION 404 COR?S OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ErvLRONMENTA:. :MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN 2 T',v:c,:7TY COASTAL COUNT--ES ONLY) , A LETTER FROM THE
NCRTH CAROLINA DIVISION OF COASTAL \L;.NAGEMENT STATING THE PROPOSED
ACTIVITY IS CCNSISTENT WITH THE NOR'_^a CAROLINA COASTAL MANAGEMENT
PRCGRAM.
16t as 4 C 7R' S/AG7NT' S S_GNATrJRE DATE
(?.GENT S SIGNATURE VA 7D. ONLY
IF ZkUTHORI7'aTION LETTER FROM
THE OWNER IS PROVIDED (I8g.) )
5
LEONARD S RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
November 12, 1999
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re:Single Family Residence ± 2.2 Acres. Mecklenburg County, North Carolina -_Nationwide Permit
Dear Sirs:
On behalf of my client, Mr. Greg Panos, I am requesting confirmation of eligibility to disturb 300 If of
- ` = 7 4
686
per Sc F Park Iig le;
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