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HomeMy WebLinkAbout20000738 Ver 1_COMPLETE FILE_20000605w . Rnv»ly?x_ LE ?bviroMl??>? 1E`?gpnis:$ ConsWta?at }?oFessionsd. Wf?snQ Scientist Land E mating. AtIOU11 l9, 2000 Mr. John R. Domey Mr. l'odd 8,4-,John Division Qf%Water. (Nality - NCDENR 1.021 .N4t it satgim. .Center Raleigh, NC 27699-1621 Mr. Pete Calwaft NCDENR -17ivW61 of Water Quality 919 North Main Street Mooresville, A1C 21 115 Mr. st&e* C,11*6 1_)S Army .Crxps;gf.Engineers - Reg. Field Office 51* 1 Pattunn A: e - Room 143. ASbm 1.e,.NC.2$8Ol - 5006 RR: ?Q ie Witlid? ai - 1Le Pzr1r Dear Sirs: -? Can bdhalf of my. client, Mr. Bill Kiselick, of HilIs Comm fies of Charlotte, NC, : i M. requ.ati tg'a withdrawal'Qf" applicati. to impact Waters of the U.S. B2 sed on a,re-evaluation of the Plan and-site , conditions the total impacts to stroWns have been reduced to .1 tlsan' 150 linear feet -.A new applieat£on ail: ' will be submittod to tltn USACE utilizing Nationwide Permit 0 9'. The project will be designod t6 MW 410. local .detention `requirements. Project wnstruction will strict adhere to an approved Sedimentation arld ?..rosion C6ri&Gi:P.lan: Impacts from hmrdtnts materials and -04ns W f6h and . aiilMU life. such as. fttcla will be;avoi?[ed b ynot petniitting staging areas to be I ed near surface waters. As :r tuxad y>the 101 Water Qua . ity Catiftcatlon catditiorts, ;neasures will taken to prevent "live" aq fresh ;txccttarete . from eamiog:into..contact with waters until the concrete hash deiced Neaser coataettria. if.you have any questions.. Thank you for y consideration. S' c:erel or, PWS Fnviron.ment$l,Planning Ccrosultaitt Profession- Wetland Scienbst rx; Mr, 111 Kiselick ?litlfg C cws?m?mitiex of Ciarrlotw. Inc. 1.19-7 Sate Riper Dr., Suite D harlatte, NC 28269. . t-704 9d%-1326' 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 July 24. 2000 Mr. Len Rindner 3714 Spokeshave Lane Matthews, NC 28105 Dear Mr. Rindner: Re: Hyde Park development DWQ# 000738 Mecklenburg County r4i • AVAOM%O!OM% NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Thank you for your July 13, 2000 letter concerning on-site stormwater management requirements for this proposed multi-family development. As you noted the 401 Certification issued on June 30, 2000 requires additional written approval for a stormwater management plan. On-site stormwater management is often required by DWQ in order to protect downstream water quality standards in accordance with 15A NCAC 2H .0506 (b)(5). In addition on June 1, 2000 the Director of DWQ signed a revised General Certification # 3287 which requires on-site stormwater management for all projects (emphasis added) and notably for those projects with greater than 30% impervious surfaces. Therefore you will need to provide on-site stormwater management as outlined in our Certification of 30 June 2000 in order to be in compliance with that Certification. Please call me at (919) 733- 9646 if you have any questions. incer I r n Domey Cc: Pete Colwell, DWQ Mooresville Regional Office Central Files File Copy Jerry Hill, Hill Communities F1L W etlands/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 Mr. Todd St John laivm+otl of Wa#,>rr Quatity - NC.'DENR 16" l `Mail: Sor vice Center Raleigh, NC 27699-1621 Mr. Pete Colwell NC:DENR Division of Water Quality 919 North Main Street Nloorc?sw'Ile, NC 281.15 Re: d - + 33, Am ?' W M U16 Famay-&t?. MCA. s*'?' 17'F ' AGO" i , Dear Strs< On behaW, of, crlienL Mr. Bid Kiselielt, of Hills C ommt hies of Ch?rlot#e; NC; f respectfully, trgve:stmg a reconsideration of the additiovW ;.venditiom in the prowl of 401 Water Quality Certification. According to the owner aW' land planner foy this projea preparation of design docurmots began in 1998: Paris, were develop a icio ivs, stormwatcr *terction, however since.this project was resi ntial, they did not sjfimpsta: storru wator `treatment facilities. Except for rare cix'cu noes the NCDWQ was not regcrTM9 storM water treatm at facilities in 1998 for residcntiai projects. The .&-vetopeir.. has snade. a #xbstazxtial investz nt in the planran g and ritt?g. of this proojCkt, a+ ft is could cause a: significant hardslilp in the constructi€ohl: of 0taining walls;.-adult nal b?d (:learirig, and ppssibly a redesign. We axe pro the following for your consideration. 1) Total-h*x- vious stwbi;e on the project will not tmxd 50%. It is 41tti4,i.tcd t'wt: maxi mrrn bnp"I "ous area on tbr, project site will be apprpo wtely 44%. 2) 'Mgw..mdH be no direet discharges of stormwater fxotri buildix<8s and wing into ahy sta-fad waters. 3 As iri. ? ed on the attached plan, water quaff pond will be providm to treat n koff tiom the most concentrated area of the :develapz t or appmxirinately. 50%' of tFl total site, which inotudes the clubhouse. area. Re: Stele Creek 000754 Subject: Re: Stele Creek 000754 Date: Wed, 19 Jul 2000 09:04:33 -0400 From: Peter Colwell <Peter.Colwell@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: John Dorney <john.dorney@ncmail.net> John, I thought I had responded. A point of confusion however, Steele Crk #000754 is a project I objected to because Len provided only info on two ponds in a 1200 acre development and I want to see the rest of the anticipated impacts. I think Hyde Park #000738 is the one thatLen was moaning about the stormwater pond. I think they need to do it based on the imperviousness and steepness of the site. Also, Mike Parker keeps forwarding me email stuff from you apparently that must be sent out a general mailing list that I am not on. Doesn't bother me but it's driving him nuts. So you might want to add me to that list, or we can keep irritating Praker. Take Care Pete John Dorney wrote: > did i ask you your opinion of len rindner's whining letter of july 8 > (faxed by him to you allegedly anyway) where he wants out of the > stormwater requirement for this project? i think i did but can find no > email record so please respond and i will prepare letter telling mr. > rindner that his client has to follow our rules (hardship though it > is). thankx Pete Colwell - Pete.Colwell@ncmail.net %TITLE% North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 919 N. Main St. Mooresville, NC 28115 Ph: 704.663.1699 Fax: 704.663.6040 Pete Colwell <Peter.Colwell@ncmail.net> %TITLE% NC DENR - Mooresville Div. of Water Quality 1 of 2 7/19/00 10:24 AN Hyde Park - 000738 Subject: Hyde Park - 000738 Date: Fri, 14 Jul 2000 13:21:45 -0400 From: John Domey <j ohn. domey@ncmail. net> To: pete.colwell@ncmail.net CC: "john.domey@ncmail.net" <john.domey@ncmail.net> just got via fax a copy of the letter from Len Rindner dated July 13 to you and me whining about having to do stormwater management for this multi-family complex. once i get the real letter i will write response but plan to say the following unless you object. i plan to tell len and his client that the application was received on june 5 and at that time the new General Certifications had been signed by tommy which required stormwater management for this type of development. therefore they need to do on-site stormwater mangement. i will not tell him that he is the first one captured by this new policy. agree?? please advise. thankx 1 of 1 7/14/00 1:30 PN 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. Jerry Hill Hills Communities A k11?WAA ; lk NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 30, 2000 Mecklenburg County DWQ Project # 000738 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS 11925 Sam Roper Drive Suite D Charlotte. NC 28269 Dear Mr. Hill: You have our approval, in accordance with the attached conditions and those listed below, to place fill material 800 linear feet of streams for the purpose of constructing a multi-family residence (Hyde Park) at US29 near Mallard Creek Church Road as described in your application dated June 5. 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 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 'o 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 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 850/c 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 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 1508 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 Domey at 919-733-9646. Sin ly, 4 e tevens Attachment cc: Corps of Engineers Asheville Field Office V Mooresville DWQ Regional Office File copy Central Files Todd St. John 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 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Pete Colwell WO Supervisor: Rex G31 easnn Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Hyde Park c% Hills Communities Project Number 00 0738 Recvd From APP Received Date 6/5/00 Recvd By Region Project Type multi-family residential County Mecklenburg County2 Region Mooresville Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. 26 BLHO Y O N I 13-17-5-? 30,711. 0.06 F_ -F-P-17-0 N f _ F_ I-F_ F_ F_-f Mitigation Wetland MitigationType Type Acres Feet Is Wetland 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 Provided by Region: Latitude (ddmmss) 351931 Recommendation: 0 Issue 6 Issue/Cond 0 Deny Longitude (ddmmss) 804355 Comments: The channels located on this property are stormwater to intermittent only. The MRO recommends that, because of the density of the develop, steep slopes, and amount of impervious surface, the 401 certification be issued with a condition requiring adequate stormwater controls in order to protect downstream uses. cc: Regional Office Central Office Page Number 1 000738 DEM ID: CORPS ACTION ID:' NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) PRE-CONSTRUCTION NOTIFICATION App - FOR NATIONWIDE PERMITS THAT REQUIRE:'' „ate mM 1) NOTIFICAT=ON TO THE CORPS OF ENGINEERS 'v 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINAT_cN WITH THE NC DIVISION OF COASTAL MANAGEMEi _ ?r ??/` S=D THE ORIGINAL AND (1) COPY OF THIS COI.OLETED FORM TO THE APPROPRIATE FIELD OFFICE OF T:-iE CORPS OF ENGINEERS (SE AGENCY ADDRESSES SF-.-:,T) . SEVEN (?) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL M2-NNAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS N AME: HI?fs l )i1;"lruitI'V11 4i r M-?ILI G ADDRESS . I Z ` ) fofl?? C. i S?BD_J_SION N _f7: H L C_TY: `m3mE _) CODE. PROUECT LOCATION ADDRESS INCLUDING SU DIVISION NAME ?`=z---LING ADDRESS _ t(I= DIFFERENT F?C?m V 3. TELEPHONE Nu-,MBER (-OME) C CY ?' -?") +- . (WGRK) . 4. 1-7 APPLICABLE. AGEN^_'S NAME ?OR RESPONSIBLE CORPORATE OFFIC.L ADDRESS, AL, FHOidE NUMBER: 51 1` c (I k con c? 7c runt H,-- 11 5. LOCATION OF WORK (PROVIDE A MAP, PR EFER,,-BLY A COPY OF USGS TOPOGR?PRIG MAP OR AERIAL PHOTOGRAPuv WIm; SCALE) COUNTY: C.KIt•y`l ?il'v LS+ NEAREST TOWN OR CITY: 0 I SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC:.) r,,oro, a4a+c'h-ed e I-MPACTED OR NEAREST STREAM./RIVER: l?i'1C?411{?('t in-?r RIVER BASIN: 1 n A.1' `in ?. TS PROJECT LOCAL ED NEAR WATER CLASSIFIED AS TROUT, TIDFj, SF__'v T ER HIGH -4L 0 ERS+ (HQr) , OU .S-LANrING RESOURC= W_.TERS (0 i, LJAT ER (WS R 7S _ - r NO ' 1 IF YES X , {P- :JAN n() %- • IS THE PROJECT LCC.D .v-^H_`7 A NORTH CAROL u-- _GENENT AREA G= Eti .r=RONME?1"_F-L CONCERN (AEC} ? PROJECT IS LOCATED WITHIN A COASTAL OF COAST? COUNT=DS) , WrT I TH 1v E D USE INA -I'iISION OF YES ] NO [? COU:v=Y (SEE PAGE 7? FCR PLAN, (LUP) DESI-_:.-_ON? 8= iAVE ANY SECTION 404 PERMITS BEEN PRE EE R=YUESTED FOR USE ON PROPERTY? YES [ 1 N0 (?j IF YES, PROVIDE r` I D. ? _ BER OF E;? :CTION IOUS PERMIT AND F1.Y ADDI'_"IONF_ INF0:4m-ATI0N (INCLvDE PHOTOCOPY C-7 401 CERTIFICATION). - S ARE ADDITIONALL - E R??IT REQUESTS EXPECTED FOR THIS PROPERTY IN m- _""`?? YES f ] NO YES, D ,S? RIBS ._'QT1CIrAD WORK: 9a• ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LFND: °?I^ (.C(C 5c. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON .PRCJECT SITE : G t -0- c-'- 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED : l0b• (1) STR72LM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IP RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RE:',OCATION) LENGTH BEFORE: o0ci FT FT E R 7T WIDTH BEFORE (based on ncr.-nal high water contours) ?T WIDTH AFTER: F T AV ERAGE DEPTH 3EF CP.E . ??FTCR: m -- 77 (!) S ZE-M C'.--NN _ I1vfD('^'C WILL K_ -T FRO_M _ ( TH_ - __ Cr.CCK PL V) OPEN C A1N NE_, _.IIOCA^_ ION . P._CE: ENT OF IN C. NN?L . C ?.NNEL EXC?'v__-ION: ^ 'S" D: ` FLOOD=NG BOA ?RLCTION OF A OTHER: 1' TF CONSTRUCTION OF A POND IS PROPOSSO, WHAT IS T-'.., S' TU W TERSHED DR=__ v_NG TO THE PCIND? -ZD OF wr?:T IS THE -= ECTED POND SURFACE AREA) 12. DESCRIPT7CN OF PROPOSED WORK INCLvDING DISCUSSION OF TYPE OF MECHANICAL EQL_PM ONLY). ENT TO BE 101S7D (ATTACH PL.NS: 8 1/2" X ll" DRAWINGS r u 13. PURPOSE OF PROPOSED WORK: I 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) : --n YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USF*vIS) AND/OR NATIONAL MARINE FISHERISERVICE (NMFS) (S=E AGENCY _.: DRESSES SHEET) REGARDING THE PRESENCE VOF ANY FEDERALLY LISTED OR _.JOlCS D FOR LISTING ENDANGERED OR THRE..T = SPECIES OR CRITIC L H-_BITAT ?' 14- PER IT AR_A TL?^ MAY BE AFFECTED BY ?NTACTED: THE PROPOSED PROJECT. DA'L'E C RCM THESE AGENC_;S (ATTACH RESPONSES t4 a -6.= YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION 0 "ICE R O (S-' __7 AGENCY ADDRESSES DDRESSES SHEET` REG _RDING PRESENCE O. TORIC =ROP m SIN HE rCR?f ? THE H=? PROP_ECT. DATE T T-T AREA WHICH MA'--BE AFFECTED BY THE PROPOSED CONTACTED: /-kA ?: • _ DOES THE PRODECT INVOLVE AN EXPENDITURE OF PUB FUN ? -IC ( E STP.T"^) L TAND? LI DS OR THEE USE Or YES [ NO GO TO 1°? a• IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENT-ILL DOC?JM ENT PURSUANT TO THE REQUIREM ENTS 0- THE NORTH C. CLINA ENVIRCNMF.NT_TLL POLICY ACT? YES f l NO [ 1 b. IF YES, HP.S THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YE3 [ 1 NO [ 1 IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM SHE STATE CLEARINGHOUSE TC 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 27603-8003f TELEPHONE (919) 733-6369. 4 pm6f'CBED' ACTZVSTY " ITZMS S ? ISCHARGEn wima 19tcy"nTrlw : AI.FD pcrta? on oTrssrr : s?soaznz :, Aso KLt $ •3HOi?t ZI*TERDJYTTzbrZ AND p y8;. 2.- , f', ;N E ?$?.' , MAp: lP Set=., s a ON TF.M ."ORci?sF,??Y.•'; Rt!ALS lc . dux aR THE2F SO?lvAZ.EbtT . H 'rNCx ?Q$•. s o If A IIZPACTb'A BY P1t TZ.E, PR +Ei+tTAT ?HDTp oH,'OF AET'LAtJDS T H ' STS r DI:MATirJN WAS. PERPgR 1L' MED 7'EVAN''•. Tel THE mAC BY A COt43?•L?.NT, INCamr e. g s'i CO?'Y b? TRMEEST°o x£AII--- TOR LZNL. DA'."ap} LAND USE OE 5t7R?pUNDING PROPER???TT PLAN IF R?-Qt17?eiTt}.'• 00, av?}- • • .... . is I,? . ?. ;' AZLE, 'WH)LT'•1s PROPOELA 'Ion Tr .cod _ SLWp tua b5??,? - S c SIGNTD 'AND r R?'Eb A.G?T Aid i T-4aRicATION• ?,!T LA IT APPI? D . OR WAMPM .OF IESt7lkt?C pr M U•S, MAY'.14D2r. Sr^, IMPAGI?lS' 21' FE ?,..SECTZDN 404 Cdp_ pF F«IT R . SHE .z sivAN?' dR ' wN6IN£ Lh'YI ?IT.AI, 'MAA?AG?. A -Vzp, or -` 4Q1 L1z?SI02` QF MY ANT ( TE t t?F ITY)' tr $TTFICt?TZON. I?I+7D. ?IORT?i spy CQATA:r CDVl?'TIES . p2PZYy:., A SETJ- Ai Et, FR?lAS I : 3?IV'Y'SIQN OF P CtSISTNT RI•T Tn. NORTA STATING -?gA1. °' OAR' S.IRGEA7•? r.S' .S S GNATUR Bl OZ ?p : . ?Y???RE SID .,v • T$ ATJTHoRIZu?.t3b1V Lt R ANT • I'h?. get. is. 'F1RUy?gT? FROM. .. •.. • •? ED< •t164- ? }• -? i?E3T-SL6(i*OLl uego JO saigxunwwo0 S7-lIH ADO=£0 0D j!0 unr LEONARD S. R, PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 June 2, 2000 Fax (704) 847-0185 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 1621 Mail Service Center Raleigh, NC 27699-1621 Mr. Mike Parker NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Hyde Park - + 36 Acre Site Multi Family Site Charlotte. Mark ounM N Dear Sirs: On behalf of my client, Mr. Bill Kiselick, of Hills Communities of Charlotte, NC, I am requesting confirmation of eligibility to fill ±0.06 acres of unimportant stream channels utilizing Nationwide Permit #26. Based on my site visit, Waters of the U.S. on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344), consist of minor headwater intermittent tributaries of Mallard Creek in the Catawba Basin. All fill material will be unpolluted. Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan. General Wetland Classification and Description The riparian areas on this site can be describe as Palustrine Forested Broad Leaved and Scrub-Shrub Temporarily Flooded. The majority of the site is a moderately to steeply sloping former agricultural land and woodland. Trees include sweetgum, tulip-poplar, red maple, willow oak, black willow, and American elm. Understory and herbaceous strata includes smilax, sedges, soft rush, poison ivy, etc. Where the soils are more saturated Obligate and Facultative Wet species such as black willow, tag alder, and silky dogwood are dominant. The substrate of the intermittent to ephemeral channels can be described silty sand and saturated. No pools or rifles were identified. The site may includes Monacan soils. These soils are map units which may have inclusions of hydric soils according to the Natural Resource Conservation Service, Technical Guide-Section II-A-2, June 1991. SUMMARY OF WATERS OF THE U.S MethoddAM Preliminary identification 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 Hyde Park, Page 2 June 2, 2000 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 were be identified as described in the manual. Waters Minor Intermittent ( + 800 11) ± 0.06 ac. Waters Intermittent to Perennial ( ±800 if - NWP 26) ± 0.06 ac. Minimization Best Management Practices will be employed to minimize impacts to Jurisdictional Waters downstream. These will include: a) Siltation Barriers; Sediment Traps and Diversion Ditches b) Methods to prevent short term impacts will be inspected regularly and maintained during construction of the project. C) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan. d) 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. e) 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. 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. Based on the value of the jurisdictional waters on this site, the developer will balance the environmental consequences of this development by minimizing impacts and degradation of waters of the U.S. downstream of the project. me if you have any questions. Thank you for your consideration. QLonard S. Riiidner, PWS Environmental Planning Consultant Profession Wetland Scientist cc: Mr. Bill Kiselick Hills Communities of Charlotte, Inc. 11925 Sam Roper Dr., Suite D Charlotte, NC 28269 1-704-947-8267 I ? ? d 1s ?fin t ? oI QO,o ? ?k = ? ?c `? •?ns _ r D = Ot '? O t o ryet Cit 'C+aiyf, \? .(Af, S9 1 °i° ??Ss ? s s-'? o ? ? _.??' ?\ H i o OyG ! Q6o a ?f Go k } ¢ - m 3'.: F l ' , $ = blaliard C 14 Tawn ?tl htay4 I'\ zs $ ',.,: I pg3? ?? ? m o a'hY t : r 1 _ g 4 ?t ?Strom r n I t ?' m ZD` tai sL? o- Z? Drf Gallawa Gr c'OJ• I i.. x ? " 1? ?? 29 m ? U? edOr III ji6OO SITE - i PAwuoN cads s - -- I / ' 4t _ I( ??M ?'r ' Dr m 1° O ?F°j F rtt : ?# \? / di r r -?? o and I l i J .t. T .lc 5 gl wg m 9p .y _ 'Cra m S ,t+ atertnoss 1 m {t ?' F??,9 ® I arrin atertlower Ln ?•} ? '? C ?t Gast r Irickp?.°n R S ¢n^ ? I ??t. x p ` g LM aa,d / F I ta, m D? aA ?? G ?° ? ti V., / r cyG'9 t v ? 01 ? 3' ? ? •' ? 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S ?? t • tt A+ 9 y ? uJ ? ?? ? L ? asr a: ui x s a .l o ? ` o?cn f I °owA:. ' 1 i - J . . J f' LEONARD R R PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 Fax (704) 847-0185 June 2, 2000 Mr. Steve Chapin US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 143 Asheville, NC 28801 - 5006 Re: Hyde Park - + 36 Acre Site Multi-Family Site. Charlotte. Meek County NC NWP #26 Dear Sirs: On behalf of my client, Mr. Bill Kisetick, of Hills Communities of Charlotte, NC, I am requesting confirmation of eligibility to fill ±0.06 acres of unimportant stream channels utilizing Nationwide Permit #26. Based on my site visit, Waters of the U.S. on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344), consist of minor headwater intermittent tributaries of Mallard Creek in the Catawba Basin. All fill material will be unpolluted. Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan. General Wetland Classification and Description The riparian areas on this site can be describe as Palustrine Forested Broad Leaved and Scrub-Shrub Temporarily Flooded. The majority of the site is a moderately to steeply sloping former agricultural land and woodland. Trees include sweetgum, tulip-poplar, red maple, willow oak, black willow, and American elm. Understory and herbaceous strata includes smilax, sedges, soft rush, poison ivy, etc. Where the soils are more saturated Obligate and Facultative Wet species such as black willow, tag alder, and silky dogwood are dominant. The substrate of the intermittent to ephemeral channels can be described silty sand and saturated. No pools or riffles were identified. The site may includes Monacan soils. These soils are map units which may have inclusions of hydric soils according to the Natural Resource Conservation Service, Technical Guide-Section II-A-2, June 1991. Please contact me if you have any questions or require additional explanation. Thank you for your :mdner, PWS Wetland Scientist cc: Mr. Bill Kiselick Hills Communities of Charlotte, Inc. 11925 Sam Roper Dr., Suite D Charlotte, NC 28269 1-704-947-8267