HomeMy WebLinkAbout20000209 Ver 1_COMPLETE FILE_20000211State 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
Mr. Robert Dienst
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 20, 2000
Iredell County
DWQ Project # 000209
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Dienst Enterprises
170401etton Road
Cornelius, NC 28031
Dear Mr. Dienst:
You have our approval, in accordance with the attached conditions and those listed below, to place 611 material in 0.10 acres of wetlands
and 310 linear feet of streams for the purpose of constructing a residential development at Templeton Road as described in your application
dated February 11, 2000 with a revision dated November 18, 2000. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Numbers 3102 and 3108. These certifications allow you to use Nationwide Permit Numbers 14 and 26
when the Corps of Engineers issues them. 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 Water shed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification. This Certification replaces one issued to you on April 10, 2000.
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. 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 and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams 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).
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 274,7, 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 919-733-9646.
Sin rely,
4 rAttachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Len Rindner
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer •
50% recycled/10% post consumer paper
Nov 19 00 01:46p Leonard Rindner
704 847 0185 p.1
A
Environmental Planning Consultant
Professional Wetland Scientist
Land Planning
November 18, 2000
Mr. Steve Chapin
US Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality - NCDENR
1621 Mail Service Center
Raleigh, NC 27669-1621
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re:
Caro
Dear Sirs:
3714 Spokeshave Lane
Matthews, NC 28105
(704) 846-0461
On behalf of my client, Mr. Bob Dienst, of Dienst Enterprisfs, Inc., 1 am providing you with additional
information concern ing the attached residential development. 'Unless there are objections, it is my client's
intention to utilize the same authorizations. Due to a chan4 in the plans, the project will require less
impacts to Waters of the U.S., than previously permitted.
The project changes primarily consist of a single family residential development instead of a mixed single
family and multi-family development. Because of the reduc,.._E _-nsity, impacts to streams and wetlands to
construct the stonmwater management facility will not be req ired. As previously indicated, mitigation to
offset loss of important channel will be accomplished throu buffer establishment along the remaining
streams on the property and along Lake Norman in accordance with the plans in the submitted
application. It
SUMMAR Y OF JURISDICTIONAL RATERS OF V.&
Surface Waters Perennial to Intermittent Strea (+ I ISO if) + 0.15 ac.
Intermittent Streams (±520 If- important) + 0.03 ac.
Wetlands + 0.40 ac.
Approximate Total - Waters of the U.S. j + 0.58 ac.
Nov 19 00 01:46p Leonard Rindner 704 847 0185 p.2
Templeton Road, Page 2
November 18, 2000
PREVIOUSLY PERMITTED IMPACTS
SUMMARY OFIMPACTS FROM NWP #26
i
Road crossings and dams - important streams 195 if + 0.03 ac.
Road crossings and dams - unimportant streams i
+ 701f
+ 0.01 ac.
Flooding streams - important 240 LF + 0.03 ac.
Flooding streams - unimportant ++ 220 LF + 0.02 ac.
Wetland impacts ! + 0.10 ac.
Total - NWP #26 725 If + 0.19 ac.
SUMMARY OF IMPACTS FROM NWP#14
Road Crossing (one crossing of one tributary) 100 If +0.02 ac.
TOTAL IMPACTS i
825 If
+0.21 ac.
REVISED IMPACTS
SUMMARY OF IMPACTS FROM NWP #26
Road crossings - important streams + 120 if + 0.02 ac.
4
Road crossings - unimportant streams 701f + 0.01 ac.
Wetland impacts
a + 0.05 ac.
Total - NWP #26 190 if + 0.08 ac.
SUMMA R Y OF IMPA C TS FROM NWP #14
Road Crossing 120 if ±0.02 ac.
Total - NWP #14 1201f
i + 0.02 ac.
TOTAL IMPACTS 310 If +0.10 ac.
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Nov 19 00 01:46p Leonard Rindner 704 847 0185 p.3
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Templeton Road, Page 3
November 18, 2000
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely !
r
I
I
I
Leonard S. Rindner, PWS '
Environmental Planning Consultant
Profession Wetland Scientist i
cc: Mr. Bob Dienst
t
I
Nov 19 00 01:47p Leonard Rindner
50 LF IMP. STREAM IMPACT
i.
704 847 0185 p.4
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E? WATER QUALITY POND
±0.10 ACRE WETLAND IMPACT
i1 -
.ei PROPOSED 30' STREAM
UNIMPORTANT STREAM FLOODING
IMPORTANT STREAM FLOODING
8////N 0 70 LF UNIMP STREAM IMPACT
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100 LF IMP. STREAM IMPACT
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145 LF IMP-STREAM IMPACT.
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PROPOSED 50' LAKE BUFFER
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REQUIRED WATER QUALITY POND u .
PREVIOUSLY APPROVED
CONCEPTUAL SITE PLAN
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Nov 19 00 01:47p Leonard Rindner 704 847 0185 p.6
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DI 'STRICT
Action [d. 200030491-492 County Iredell
r
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Dienst Enterprises, Inc.; Attn: Mr. ? obert B. Dienst
Address: 17040 Jetton Road
Cornelius, NC 28031
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Templeton Road Residential Community located on 18.8 acre tract near Exit 33 off of I-77;
near Mooresville.
Description of Activity: I
(1) NWP 14 (200030491) - Construct a minor road cgossing impacting approx. 100 LF of an
unnamed trib. to L. Norman; (2) NWP 26 (20003049) - Construct additional road crossings
and dams for stormwater ponds in association with t e above referenced development. The
work will impact approx. 0.1 acre of wetlands and a prox. 435 LF of tributaries (by dam fill
and subsequent flooding) determined to have "impo ant" aquatic function. Mitigation to
offset loss of important channel will be accomplished through buffer establishment along the
remaining streams on the property and along L. No an in accordance with the plans in the
submitted application. a
l
Applicable Law: X Section 404 (Clean Water A4, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor tkct of 1899).
I
t
Authorization: Regional General Permit Numbt-
14, 26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) r Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached condition; and your submitted plans. If your activity is '
subject to Section 404 (if Section 404 block above is checked) before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone
(919) 733-1786. For any activity within the twenty coastal cot ties, before beginning work you must contact
the N.C. Division.of Coastal Management, telephone (919)7 -2293.
Please read and carefully comply with the attached conditio of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may Jubject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification doe not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approva /permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or a* of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Offi ial specified below.
i
I
.Nov 19 00 01:47p Leonard Rindner 1 704 847 0185 p.7
Date April 26, 2000
Corps Regulatory Official Steve Chapin ` Telephone No, (828) 271-4014
Expiration Date of Verification February 11, 2002
cc: Mr. Leonard S. Rindner
CESAw farm 591
Revwd July 1995
Nov 19 00 01:47p Leonard Rindner
State of North Carolina
Department of Environment
at id Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman Secrete
704 847 0185 P.O
)FA
' J NOiRTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
April 10. 2000
Iredell County
Mr. Robert Dienst II DWQ Project # 000209
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
t
Dienst Enterprises
17040 Jetion Road
Cornelius, NC 28031
Dear Mr. Dienst.
t
You have our approval, in accordance with the attached conditions and thqse listed below, to place fill material in 0.21 acres of wetlands
and 2325 linear feet of streams for the purpose of constructing a residential develo ment at Templeton Road as described in your application
dated February I I, 2000. After reviewing your application, we have decided that is fill is covered by General Water Quality Certification
Numbers 3102 and 3108. These certifications allow you to use Nationwide Perm Numbers 14 and 26 when the Corps of Engineers issues
them. In addition, you should get any other federal, state or local permits before ou go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater. Non-Discharge and Water S pply Watershed regulations. This approval will expire when
the accompanying 404 or CAMA permit expires unless otherwise specified in th General Certification.
This approval is only valid for the purpose and design that you described 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 appli tion. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for comp ing with all conditions, If total wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be requi 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 certifi Lion and any additional conditions listed below.
I. Deed notifications or similar mechanisms shall be placed on all remaining j nsdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mecha isms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, you may asi for an adjudicatory hearing. You must act within 60 davs of
the date that you receive this letter. To ask for a hearing, send a written petition, iwhich conforms to Chapter 150B of the. North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447. Rale h, 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 Qutrlity under S tion 401 of the Clean Water Act. If you have any questions.
Please telephone John Domey at 919-733-9646.
Attachment
cc, Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Tydd St. John
/Len Rindner
Division of Water Quality • Non-Di harge Branch
1621 Mail Service Center Raleigh NC 27669-162 It Teleph ne 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Acti n Employer •
50% recycled/10% post consumer p per
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
Mr. Robert Dienst Zr!WAA
4 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 10, 2000
Iredell County
DWQ Project # 000209
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Dienst Enterprises
17040 Jetton Road
Cornelius, NC 28031
Dear Mr. Dienst
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.2 1 acres of wetlands
and 825 linear feet of streams for the purpose of constructing a residential development at Templeton Road as described in your application
dated February 11. 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Numbers 3102 and 3108. These certifications allow you to use Nationwide Permit Numbers 14 and 26 when the Corps of Engineers issues
them. 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 Water shed 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. 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 rills 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 and any additional conditions listed below.
I Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams 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).
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 I50B 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 919-733-9646.
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Todd St. John
Len Rindner
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
Templeton RResidential Community .0.
Iredell County,
North Carolina
Joint Application Form and Supporting Documentation for
s.
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. Robert B. Dienst
Dienst Enterprises, Inc.
17040 3etton Road
Cornelius, North Carolina 28031
1-(704) 892-7073
Prepared By
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-(704) 846-0461
*Subject to verification by the USACE & NCDWQ
Date : 2/00
P` '1
RECEIVED
1
DEM ID: CORPS-ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #); Z(, 114-
. - ,
PRE-CONS TRTJCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
Z) NOTIFICATION TO TEE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH TEE NC DIVISION OF COASTAL MANAGEI'mNT a \
SEND THE ORIGINAL AND 1 COPY OF T
HIS COI-SLETED FORM TO THE APPROPPLMATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : ??e?5? p ?!${? //aG /"'?,?? STd L /?-Cu??/7f to! l
2. MAILING ADDRESS: / ID
SUBDIVISION NAME:
CITY: ?O??j?,G??/J? STATE: /VG Q,??
ZIP CODE: Z/
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Tyr, l?,f?-, Ti t S;-fe
3. TELEPHONE NUMBER (HOME
(WORK) .. 7°?- E37 2,-70'f27
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS
PHONE NUMBER:
n e%
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERI? PHOTf?GRAPHY WITH SCALE) Mc COUNTY: /ee,?L?/ NEAREST TOWN OR CITY: A'GSVLG
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
Ivew 33 ?., T - 7 -1
6. IMPACTED OR NEAREST STREAM/RIVER: (? GC[fCta??-.???
RIVER BASIN: aA4-j A,r, -
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDT?G RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ). NO [ IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF CO TLL
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) DESIGNP_TI ON?
Sa. HAVE ANY SECTION 404 PERMITS B FN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [/1 IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND a.NY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERM T REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? .YES ( ] NO [ IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ?j ?• c? A C4-•G?
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
-f . (rO??.G (,,;? rf ?- it ?, C?-f' ?JO ?J r cf'r,
2
10a. NUMBER OF ACRES OF WETLANDS'IMPgCTED BL THE $ROPOSED PROJECT BY:
?° ?? uN inYor??.ar STRC?i?`1 Mwp ? (. 01
FILLING : l Q ri'" I ?"I Po??w T S`rX?CAVAION 'O Z.
.lo A•c.r+er We. 4^4
FLOODING: Z*ia LF _ .Imp Sra&Am-.t &
ZZo L Vm IMP,' si-a ~ :t .a? ,
DRAINAGE : TOTAL. ACRES TO BE IMPACTED : ?? ALr
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PRQVIDE DISTANCE BOTH B?FORE AND AFTER RELOCATION) p
4• 'r0 (P
, VA1?M N wp u ?•
LENGTH BEFORE: ff 13 ?rf t? MW pI' AFTER: ?.
mr. w FT
Zyo I.F n?fP. /Vw u u Flo ?. -? ?ud ?cnd a .'2! 3
WIDTH BEFO E (b? 1„?n 3R?i At- (o
00 ` `? R IO.
WIDTH AFTER: cA 'W' "6 FT
IY z n
AVERAGE DEPTH BEFORE' ate- 4 FT AFTER: n FT
?.
(2) STREAM CHANNEL IMPACTS 4?f?? RESULT FROM: (CHECK ALL THAT _A.PPLY)
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?. t ?,D Afr4S t lo Ac,--.c4
WHAT IS THE EXPECTED POND SURFACE AREA? f R4,r•2. . 'p
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: S 1/2" X 11" DRAWINGS
ONLY)
Ho )-E,
13. PURPOSE OF PROPOSED WORK:
Ia,*A c
croc.Sjrl( S
• d w e,? c
3
14. STATE'REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS)
k"k
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERZVICE!:2"*?'".
(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:
FROM THESE AGENCIES.) (ATTACH RESPONSES
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
'PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE`OF
'PUBLIC (STATE) LAND?
YES [ ) NO [ Y (1F 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 [ ] NO [ ]
IF ANSWER 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.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH TU15 APPLT' Iq?3::IE`
PROPOSED ACTIVITY INVOLVES THE DISCHXRGE OP EXCAVATED OR FILL MATWAL'.•
INTO WETLANDS.t
a. WET= DELINEATION MAP SHOWING ALL WETWVS, STREAM LAlt-9 '
AND PONDS ON THE PROPERTY (VOA,NATXONWIDE PERMIT NUMBERS 14, 2 9, XNb 3 8) , ALL STREAMS (INTERMITTENT AND PERMAN&NT) oN THE
IyttoPffi?m?r:
ML7$T BE SHOWN ON THE W. MAP SCALES SHOULD BE 1 INCH EQUALS' Sv E'EL'1',
INCH gouxL5 no FEET OR THEIR EQUIVALENT .
b. IF AVAILABLE, AZPRESENTXTIVE PHOTOGRAPH OF WETLANDS p B,r\,
IMPACTED BY PROJECT.
c. IF DELINMATION'WAS PERFORMED BY A CONSULTANT, INCLUDE ..ALL
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN I«' R QVIR'Ep,,
e, WHAT ?IS LAND USE OF SURROUNDING PROPERTY? -- -
G(.e.+'?-rte N?? ?1 I I rl?? . .
f, IF AFFLT.C.ABLE, WHAT.'.IS PROPOSED METHOD OF SEWAGE Dx5 05AL^
g, SIGNED ANO DATED AGENT AUTHORIZATION LETTER, xT A,PPL CR6T,E .
NOTE : n TLAND S . OR WATERS OF THE U. S , MAY NOT BE IRPA.C.7 ED PRIOR TO:
1) ISSUANCE O A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE-0A WAIVER OF A 401 DIVISIO ? TJ
QUALITY) CERTIFICATION,. AtJ?LJ .
ENVIAONMNTA-t HANA=HXNT (WATER
3) (IN TIM. TWTW7r COASTAL COUNT= C4lTLY) , A LE TTE F P4 :'
NQR''H ,CA CLINA DIVISION OF COSTAL MANAGEMENT STAYING, HE Pkt4?'1D??1?
ACTIVITY IS- CONSISTENT WITH THE NORTH OAMLINA COASTAL MANIU????
PROGRAM.
OWNER'S /AGENT IS SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER. FROM
THE OWNER is FROVIDED (18.g.) l
5
LEONARD S. iNDN R MS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
February 9, 2000
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Approximate i58,8 Acre Templeton Road Residential Community, iredell County. North
Carolina - Nationwide Permit #26, #14
Dear Sirs:
On behalf of my client, Mr. Bob Dienst, of Dienst Enterprises, Inc., I am providing you with the following
information concerning this well planned development for your consideration. The project site is located in
rapidly developing Mooresville area, north of Charlotte. The site is currently zoned for a residential
development. Current land use in the vicinity are agricultural land, single family subdivisions. The project
has been planned sensitively to preserve the perennial and intermittent streams to the fullest extent feasible,
and to minimize impacts to Lake Norman. There are approximately 1600 If of intermittent and perennial
streams on the project site and approximately 0.40 acres of riparian wetlands.
Due to sensitive land planning, stream impacts are primarily confined to only those necessary to implement
necessary road crossings and to construct required water quality ponds. Clearly defined construction and
grading limits will be implemented to minimize additional impacts as well as to preserve forested buffers to
the extent feasible along the streams. The wetlands adjacent to Lake Norman will not be impacted. All fill
material will be unpolluted and appropriate measures to control sedimentation and erosion will be employed.
Wetlands and streams which will not be disturbed will be protected during construction from damage due to
construction traffic, drainage and other forms of disturbance.
Background
The site within drainage areas of a tributary of Lake Norman in the Catawba Basin (Water Classification
WS-IV). The majority of the site is a moderately to gently sloping ridge to the lake.
Templeton Road, Page 3
February 9, 2000
Wetland hydrology is provided by a seasonal flooding, and from seeps, springs, and surface runoff over a
clayey subsoil found at the toe of slopes where the ridge meets the floodplain. These wetlands can be
classified as Palustrine Forested Broad Leaved, Scrub Shrub, Temporarily to Seasonally Flooded (PFOIA,
PFO1C, PSS1A, and PSS1F). The streams on the site include perennial and intermittent (except most upper
reach)streams that have important aquatic value as determined by the USACE. Characteristics include
persistent pools, riffle and pool complexes, fish in the lower portions, amphibians and macro-invertebrates;
evidence of wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate. There is a small
braided channel which flows within the wetland area during rain events.
HydrophZic Vegetation
Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and Obligate
Vegetation and include black willow, green ash, willow oak, red maple, sweet gum, alder, silky dogwood,
greenbriar, poison ivy, and others. Herbaceous plants include sedges, needle rush, jewel-weed, and other
typical wetland species.
SUMMARY OF WATERS OF THE U.S.
Methodology
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology must be identified as described in the manual. The wetlands map has been used for planning and
potential permitting purposes. Hydrophytic Vegetation has been identified according to the National List of
Plant Species That Occur in Wetlands Southeast (Region 2?, US Department of the Interior, Fish and
Wildlife Service.
SUMMARY OF A DI 'TION I WAT RS OF U.S.
Surface Waters Perennial to Intermittent Streams ( + 11501f) ± 0.15 ac.
Intermittent Streams ( ±5201f - unimportant) ± 0.03 ac.
Wetlands ± 0.40 ac.
Approximate Total - Waters of the U.S. ± 0.58 ac.
Templeton Road, Page 4
February 9, 2000
WETLANDS PERMITTING AND MITIGATION
As depicted on the plans, the layout substantially avoids and minimizes impacts to Jurisdictional Waters of
the U.S. Except for temporary construction and development impacts, the proposed project should not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S.
crossings and dams - important streams ± 1951f ± 0.03 ac.
Road crossings and dams - unimportant streams ± 70 If + 0.01 ac.
Flooding streams - important + 240 LF ± 0.03 ac.
coding streams - unimportant ± 220 LF ± 0.02 ac.
etland impacts ± 0.10 ac.
- NWP #26 ± 725 If ± 0.19 ac.
Road Crossing (one crossing of one tributary) ± 100 If ±0.02 ac.
Headwalls utilized to minimize impacts
TOTAL IMPACTS TO JURISDICTIONAL WATERS ± 825 If ±0.21 ac.
Avoidance Minimization and Mi ig inn
- As depicted on the plans, the wetlands and streams areas have been carefully incorporated into the layout
of the site. The stream crossings are as perpendicular as feasible to the stream and/or wetlands to minimize
impacts.
- Except for the functional and necessary wetland and stream crossings and stormwater facility the overall
plan has been designed to retain forested buffers along the wetlands and streams. Therefore the streams and
wetlands remaining on the project site will be enhanced by buffers. Best Management Practices will also be
employed to minimize impacts to Jurisdictional Waters. These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
fl Wetlands and streams to be preserved will be clearly marked prior to construction to prevent
accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland
damage not permitted according to plans and specifications. Preconstruction meetings shall be held
if necessary with rpprpapjggitres of the USACE apo Xhp NCDWQ.
Templeton Road, Page 5
February 9, 2000
g) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life, such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
A mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the extent feasible
on this site. Unavoidable grading aa-=Qposed to be i i
around the re ' in- r k Norman, TAcre are no impacts to important greater
than 1501f per channel by construction Stream impacts by flooding will be mitigated by the protection o
the remaining channels and the development of a forebay/ and vegetated littoral zone in connection with the
required detention ponds.
PROTECTION FROMFUTURE DEVELOPMENT
The preserved wetlands and streams will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. As required, development of these areas will be deed restricted
in accordance with restrictive covenants, or similar mechanisms which will be developed for approval by the
USACE and/or NCDWQ.
AQUATIC HABITAT
The aquatic systems in the project area consist of wetlands and intermittent tributaries. A variety of wildlife
is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects, mollusks, and
crustaceans. Therefore strict adherence to an approved erosion and sedimentation control plan will be
maintained during the construction period in order to control degradation of water quality downstream and
protect the areas to be preserved. Short term construction impacts, primarily stream sedimentation will
affect aquatic habitat, however this will be minimized to the extent practicable to promote rapid recovery.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic life
such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened. Aquatic resources are
expected to be enhanced through the development of the stormwater detention ponds and littoral zones.
CULTURAL RESOURCES
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if
sites are indicated on the National Historic Register within the study area.
CONCLUSION
Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive and
creative planning has chosen to balance the site's economic viability with its environmental value and
permitability. The goal of the Site Plan and Mitigation Plan is to help balance the environmental
consequences of this development by creating a beneficial aquatic resource that will help maintain or
minimize degradation of waters of the U.S. downstream of the project and through enhancement of
remaining streams. The undisturbed wetland areas and the mitigation sites will be preserved by the applicant
or by a group designated by the owner for this purpose.
Templeton Road, Page 6
February 9, 2000
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
e y,
/Feonard S. gnRindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Bob Dienst
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REQUIRED WATER QUALITY POND
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