HomeMy WebLinkAbout20000547 Ver 1_COMPLETE FILE_20000417State 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
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 3, 2000
Buncombe County
DWQ Project # 000547
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Winston Pulliam
Dingle Creek. LLC
Post Office Box 15012
Asheville, NC 28813
Dear Mr. Pulliam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 149 linear feet of
streams for the purpose of constructing a parking lot and commercial development at Dingle Creek Shopping Center as described in your
application dated May 15, 2000 (received July 20, 2000). After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Number 39 when the Corps of Engineers
issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply 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 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).
2. An additional condition is that if total stream impacts (culverting and rip rap) exceed 150 linear feet of streams, then a final, written
stormwater management plan shall be approved by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to
the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is
occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the stormwater
management plan, as approved by this Office, shall be implemented if stream impacts exceed 150 feet.
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 Notch Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are
final and binding unless you ask fora 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.
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
David Day; Day Engineering Services
Sinc rely,
Stevens
Division of Water Quality • Wetlands 401/Unit
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
DAY ENGINEERING SERVICES, PA
204 CHARLOTTE HIGHWAY, SUITE F
ASHEVILLE, NORTH CAROLINA 28803
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828-299-7401
David R. Day, President Structural anC vil Engft= g
NC Professional Engineer #15984 Commercial & Residential
July 20, 2000
John Dorney
North Carolina Department of Environment,
Health, and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699
Fax: 919-733-9959
RE: Dingle Creek Shopping Center
Proposed Bridge and Parking Area
Buncombe County DWQ Project #000547
Dear Mr. Dorney,
This letter is sent as a follow up to our letter to you dated May 15, 2000 (enclosed) in which we
offered responses to your review comments issued on April 25, 2000. To date, we have not
received any further information from your office on these responses. As the project is ready to
begin, please contact us to discuss the status of the stream water permit.
Sincerely,
Da ' Day, P.E.
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xc: Max Haner; fax: 251-6452
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DAY ENGINEERING SERVICES, PA
204 CHARLOTTE HIGHWAY, SUITE F
ASHEVILLE, NORTH CAROLINA 28803
828-299-7401
David R. Day, President Structural and Civil Engineering
NC Professional Engineer #15994 Commercial & Residential
May 15, 2000
John Dorney
North Carolina Department of Environment,
Health, and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699
RE: Buncombe County DWQ Project #000547
Dear Mr. Dorney,
In response to your letter dated April 25, 2000, we offer the following:
1. Enclosed is a copy of the topography and boundary survey of the property. There is only
one stream on the property.
2. Enclosed is a copy of the Corps of Engineers permit showing you the permit that was
applied for.
3. Enclosed is a set of the construction documents showing the site and the proposed impact.
In our case, the linear feet of stream impacted is the same as the linear feet of culvert.
4. The developer has eliminated an additional 250 linear feet of stream cover in order to
minimize the impacts to Dingle Creek. Originally, his intention was to apply for 400 linear
feet of stream cover.
5. Enclosed is a copy of the construction documents showing the storm water management
plan.
6. The project will not impact greater than 150 linear feet of stream.
Please issue the stream water permit as soon as possible.
SincereI
David R. Day, P.E.
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David R. Day, President
NC Professional Equine
FAX NO. : 828 299 045
Jul. 20 2000 12:23PM P1
CES
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DAY ENGINEERING SE T
204 CHARLOTTE HlGHW , SUITE F
ASHEVILLE, NORTH CAR INA 28803
828-299-740Structural and Civil Engineering
July 20, 2000
John Dorney
North Carolina Department of Environment,
Health, and Natural Resources
1621 Mail. Service Center
Raleigh, North Carolina 27699
Fax: 919-733-9959
RE: Dingle Creek Shopping Center
Proposed Bridge and Parking Area
Buncombe County DWQ Project #000547
Dear Mr. Dorney,
This letter is sent as a foilow up to our letter to you dal May 15, 2000 (enclosed) in which we
offered responses to your review comments issued on A?ril 25, 2000. To date, we have not
received any further i nfonnation from your off ice on th responses. As the project is ready to
begin, please contact us to discuss the status ofthe strew water permit.
Sincerely,
Da ' Day, P.E. Z' S C
DRD:' L
JtIP
xc: Max Hamer; fax: 251-6452
FRW : DAY ENGINEERING
FAX NO. : 828 299 T045 Jul. 20 2000 12:24PM P2
R
DAY ENGINEERING SER?CES, PA
204 CHARLOTTE HIGHW Y, SUITE F
ASHEYILLE, NORTH CAROLINA 28803
828-299-7401 I
David R. Day, President Structural and Civil EngieMmering
MC Professional Engineer 015984 Commercial & Residential
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May 15, 2000
John Domey
North Carolina Department of Environment,
Health, and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699
RE: Buncombe County DWQ Project #000547
Dear lVlr. Dorney,
In response to your letter dated April 2$, 2000, we offer tie following:
1. Enclosed is a copy of the topography and boundar* survey of the property. There is only
one stream on the property. 14
2. Enclosed is a copy of the Cogs of Engineers pe4t showing you the permit that was
applied for. 11
3, Enclosed is a set of the construction documents $ wing the site and the proposed impact.
In our case, the linear feet of stream impacted is same as the linear feet of culvert.
4. The developer has eliminated an additional 250 fin feet of Orem cover in order to
minimize the impacts to Dingle Creels. Originally, 's intention was to apply for 400 linear
feet of stream cover.
5. Enclosed is a copy of the construction documents showing the storm water management
plan.
6. The project will not impact greater than 150 linear'*et of stream.
Please issue the stream water permit as soon as possible. P
t
Sincerel
David R Day, RE.
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()p0547
DEM ID:
A?A
COR F'S ACTION ID:
NATIONWIDE'PERMIT REQUESTED WJ1 OVIDE NATIONWIDE' PERMIT )))
}PRE -CONSTRUCTION NOTIFICATION APPLICATION
'i
1 7WOONATJONWIDE PERMI'T'S THAT RI•:QUIRE:
.,
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WETLA -NMS
t?TFR II 1) NOTIFICATION TO THE CORPS OF ENGINEERS ;nn
2) APPLICA'T'ION FOR SECTION 401 CERTIFICATION
3) COORDINATION W.I TH TILE NC DIVISION OF COASTAL, MANAGI ME1" T;
- -, Li??JE?TfOI?E
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 N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT. PAYMENT
RECEIVED
1. OWNERS NAME: Dingle Creek, LLC
2. MAILING ADDRESS: Post Office BOX 15012
SUBDIVISION NAME:
CITY: Asheville STATE: NC ZIP CODE: 28813
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Dingle Creek Shopping Center, Hendersonville
Road
3.
4.
5
TELEPHONE NUMBER (HOME) : (WORK) : 684-4344
IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: Winston Pulliam, Post Office BOX 15012,
Asheville, North Carolina 28813
LOCATION OF WORK (PROVIDE A MPk, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Buncombe Asheville
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
Hendersonville Road South to Dingle Creek Shopping Center on
left across from Overlook Drive
6. IMPACTED OR NEAREST STREAM/RIVER: Dingle Creek
RIVER BASIN: Dingle Creek/French Broad
7a. IS PROJEC'T' I,OCATE'D NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH 0I1A1,ITY WA'T'ERS (IIQW), OU'FSTANDIN(T RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS 11) YES [ J NO [X I II YES, EXPLAIN: _
7b. IF THE, PROJI::CT IS LOCA'T'ED WITHIN A NORTH CAROLINA DIVISION OF COAS'T'AL MANAGEM> NT
ARE OF ENVIRONMEN'T'AL CONCERN (AEC) ? YES [ ) NO [XXI
7c. IF THE PROJECT IS LOCATED WITHIN A COAS'T'AL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHA'T' IS THE LAND USE PLAN (LUP) DESIGNATION: N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ j NO [X I IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ j NO [X I IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND.
±2
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: X EXCAVATION:
FLOODING: OTHEP.: Placement of 150 l . f . of 84" culverts
--
DRAINAGE: TOTAL ACRES TO BE IMPACTED: .05 in creek
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 250 FT AFTER: 100 FT
WIDTH BEFORE (based on normaljhigh water contours): FT
i
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND 7S PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? N/A
N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
I&
12. DESCRIPTION OI. PROPOSED WORK INCLUDING DISCUSSION OF 'T'YPE OF MECHANICAL EQUIPMENT
TO BE IJ.SFD (ATTACH PLANS : N',/T," r, 1 1 " DRAWINGS ONLY) Install 150 l.f. of
84" double culverts in existing stream channel to fill in
stream.
13. PURPOSE OF PROPOSED WORK: To provide parking area that is desperately
needed.
14
SPATE REASONS WHY IT IS BFI.II:VBD THAT THIS ACTIVI'T'Y MUST BE CARRIED OUT IN
WE'T'LANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): A bridge
is also being constructed to span over the existing creek to
limit the impact of wetland area to 150 l.f.
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 CIRTICAL 14ABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT.
DATE CONTACTED: 3/28/00 (ATTACH RESPONSES FROM THESE AGENCIES.)
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: 3/28100
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [ 1 NO [X1 (IF N0, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THEINORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ 1 NO [X 1 N/A j
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ 1 NO [ 1 N/A
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MT.NAGEMENT 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.
i w
18. THE FOLI,OWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICA'T'ION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WL•'TLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMI'T' 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 STORMWATI,R MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED BY 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, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
vw??1?141 rV&441"
OWNER'S/AGENTe
SIGNATURE '
(AGENT'S SIGN U
BE VALID ONLY IF IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
3/28/00
DATE
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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
ffl?';WA
A&I
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 25, 2000
Buncombe County
DWQ Project No. 000547
Dingle Creek, LLC
C/o Winston Pulliam
P.O. Box 15012
Asheville, NC, 28813
Dear Mr. Pulliam:
On March 31, 2000, the NC Division of Water Quality received your application for a 401 Water Quality
Certification to impact approximately 150 linear feet of streams for the Dingle Creek Shopping Center in Buncombe
County. Before we can proceed with reviewing your application, we need the following information:
1. A USGS topo map clearly showing the property boundaries and all streams.
2. Determine which Corps 404 Permit you are applying for and include this on Page 1 of the Pre-Construction
Notification.
3. A full set of construction plans showing the entire site and ail proposed impacts. This includes the linear
distance of stream impacts (not simply the length of the proposed culvert) and all stream reaches to be covered
in rip-rap. You should also indicate which streams are intermittent and perennial, and describe existing stream
conditions and impacts in detail.
4. Describe efforts taken to avoid and minimize impacts to Dingle Creek.
5. A stormwater management plan.
6. If this project will impact greater than 150 linear feet of perennial streams, compensatory stream mitigation
will be required in accordance with 15A NCAC 2H .0506(h). You have the following options for satisfying the
mitigation requirement associated with this project if mitigation is required:
• Payment into the North Carolina Wetland Restoration Program, if the WRP will accept the responsibility
for conducting this 'mitigation work, or
• Preparing and implementing a stream mitigation plan.
Until this information is received, I will request (by copy of this letter) that the Corps of Engineers place this project
on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H
.0507(h)). I can be reached at (919) 733-1786.
Attachment
cc:
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File Copy
Central Files
David Day, 204 Charlotte Highway, Suite F, Asheville, NC, 28803
i
000547
Division of Water Quality • Non-Discharge Branch
401 /Wetlands UIr,;? ' w Mail Service Center, Raleigh, NC 27699 Telephone `?19-733-1786 FAX 733-9951,
An Equa', ^p n"Nity Afflrmativa Action E. ployer • 50% recycledil0`;o post consumer paper
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DAY ENGINEERING SERVICES, PA
204 CHARLOTTE HIGHWAY, SUITE F
ASHEVILLE, NC 28803
828-299-7401
David R. Day, President Structural and Civil Engineering
NC Professional Engineer #15984 Commercial & Residential
Transmittal
APR 1 7 2000
7
Gt?UuF
i`
Date: 13 April 2000A"?tt1A«n Scr ty
To: John Dorney
Organization: Division of Water Quality
NC Department of Environment, Health, and Natural Resources
Address: 4401 Reedy Creek Road
Raleigh, North Carolina 27607
Subject: Dingle Creek Shopping Center
From: Julie Q. Paeplow for David Day, P.E.
Comments: 0 0 4 5 4 7
Attached please fiend:
Qty. Date
7 3/28/00
1 4/14/00
Description
Pre-Construction Notification Application
Check #1966 in the amount of $200.00
PAYMENT
RECEIVED
DAY ENGINEERING SERVICES, PA
204 CHARLOTTE HIGHWAY, SUITE F
ASHEVILLE, NC 28803
828-299-7401
David R. Day, President Structural and Civil Engineering
NC Professional Engineer #95984 Commercial & Residential
Transmittal
T 2000
Date: 28 March 2000 fT
To: John Dorney
Organization: Division of Water Quality
NC Department of Environment, Health, and Natural Resources
Address: 4401 Reedy Creek Road
Raleigh, North Carolina 27607 PAYMENT
Subject: Dingle Creek Shopping Center
From: Julie Q. Paeplow for David Day, P.E. RECEIVED
Comments:
000547
Attached please find:
QtL., Date Description
7 3/28/00 Pre-Construction Notification Application
. "
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DAY ENGINEERING SERVICES, PA
204 CHARLOTTE HIGHWAY, SUITE F
ASHEVILLE, NORTH CAROLINA 28803
828-299-7401
David R. Day, President Structural and Civil Engineering
NC Professional Engineer #15984 Commercial & Residential
May 15, 2000
John Dorney
North Carolina Department of Environment, L-
Health, and Natural Resources
WETLANDS 2 6 1000
1621 Mail Service Center GROUP
Raleigh, North Carolina 27699 WATER QUALITY SECTION
RE: Buncombe County DWQ Project #000547
Dear Mr. Dorney,
In response to your letter dated April 25, 2000, we offer the following:
1. Enclosed is a copy of the topography and boundary survey of the property. There is only
one stream on the property.
-72. Enclosed is a copy of the Corps of Engineers permit showing you the permit that was
applied for.
3. Enclosed is a set of the construction documents showing the site and the proposed impact.
In our case, the linear feet of stream impacted is the same as the linear feet of culvert.
4. The developer has eliminated an additional 250 linear feet of stream cover in order to
minimize the impacts to Dingle Creek. Originally, his intention was to apply for 400 linear
feet of stream cover.
5. Enclosed is a copy of the construction documents showing the storm water management
plan.
6. The project will not impact greater than ISO linear feet of stream.
Please issue the stream water permit as soon as possible.
k1 CA
SincereI
'•FESS%p?.%
SEAL
1 p 4l?
David R. Day, P.E. p • Fti iNe
70 R.
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DEM rI .y ...
NATIONWIIDI_; PERMIT Rr_QUESTED
CORPS AC'T'ION ID:
r%o0 I w ,
(PROVIDE NATIONWIDE PERMIT ))):
AF'rPIkk " ' e' ONSTRUCTION NOTIFICATION APPLICATION
?j
C] O E`PERMI'TS TIIAT REQUIRE: (9 iC
p.
z:.m?sECTION
1) NOTIFICATION TO THE CORPS OF ENGINEERS '? 2MO
2) APPLICATION FOR SECTION 401 CERTIFICATION !±
WETLANDS GROUP
3) COORDINATION 4].17'H '1711; NC DIVISION OF COASTAL MANAGE UALlTY$ECTlON
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 N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT. PAYMENT
RECEIVED
1. OWNERS NAME: Dingle Creek, LLC
2. MAILING ADDRESS: Post Office BOX 15012
SUBDIVISION NAME:
CITY: Asheville
STATE: NC ZIP CODE: 28813
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : Dingle Creek Shopping Center, Hendersonville
Road
3. TELEPHONE NUMBER (HOME):
(WORK) : 684-4344
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: Winston Pulliam, Post Office BOX 15012,
Asheville, North Carolina
28813
5. LOCATION OF WORK (PROVIDE A Mme, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Buncombe Asheville
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
Hendersonville Road South to Dingle Creek Shopping Center on
left across from Overlook Drive
6. IMPACTED OR NEAREST STREAM/RIVER: Dingle Creek
RIVER BASIN: Dingle Creek/French Broad
7a. IS PROJEX'T 1,0CATE'D NEAR WATER CLASSIFIED AS 'I'R01I7', TIDAL SAL'TWA'TER
(SA), HIGH QUAIATY WATERS (IIQW), OUTSTANDIN(; RI:::;OURCE WATERS (ORW), WATER SUPPLY
(WS-1 OR W£, 1 I) :' YES [ ] NO [X ] IF YES, EXPLAIN:
7b. IF THE PROJI--;CT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COAL AGEMENT
ARE OF ENVIRONMEN'T'AL CONCERN (ABC)? YES [ ] NO [XX]
7c. IF THE PRq-,QECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: N/A
8a
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ) NO [X )' IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: +2
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: X EXCAVATION:
FLOODING: OTHER: Placement of 150 l . f . Of 84" culverts
- in creek
DRAINAGE: TOTAL ACRES TO BE IMPACTED: .05
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 250 FT AFTER : 100 FT
WIDTH BEFORE (based on normal/high water contours): FT
r
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND ?S PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? N/A
WHAT IS THE. EXPECTED POND SURFACE AREA? N/A
HAVE ANY SEC'T'ION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [X ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHO'T'OCOPY OF 401 CERTIFICATION):
14
12. DESCRIPTION OF PROPOSED WORK INcLUI)ING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: H;," x I I " DRAWINGS ONLY) : Install 150 l . f . of
84" double culverts in existing stream channel to fill in
stream.
13. PURPOSE OF PROPOSED WORK: To provide parking area that is desperately
needed.
S'L'ATE REASONS WILY IT IS 13F,L1FVLD THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): A bridge
is also being constructed to span over the existing creek to
limit the impact of wetland area to 150 l.f.
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 CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT.
DATE CONTACTED : 3/28/00
(ATTACH RESPONSES FROM THESE AGENCIES.)
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 : 3/28/00
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [ I NO [X1 (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 [X I N/A j
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ I NO [ I N/A
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MT.NAGEMENT 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. TIEI: FOIA,OWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WL•'TLANDS:
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, REPRESEN'T'ATIVE 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 STORMWATIs'R MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED BY 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, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
OWNER'S/AG 'S SIGNATURE r
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
3/28/00
DATE
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