20000299 Ver 1_COMPLETE FILE_20000307

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February 1, 2001
Iredell County
DWQ Project # 000299
Cc:
NBC ENS
APPROVAL of 401 Water Ouality Certification and ADDITIONAL CONDITIONS
William Brewster Co. Inc.
Post Office Box 99
Davidson, NC 28036
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material
in 447 linear feet of streams for the purpose of constructing the James Farm subdivision as described in your
application dated February 28, 2000 and revised on December 14, 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.
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. The rock dam near crossing #4 shall be removed and replaced with a culvert if a road crossing is needed.
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 27447,
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.
Attachment
Corps of Engineers Asheville Field Office
Mooresville DWO Regional Office
File copy
Central Files
Tap Bandy; Wetland and Natural Resource Consultants,
Division of Water Quality
Governor
Sherri Evans-Stanton, Acting Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Inc.

1621 Mail Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: [phone]
Fax: [phone]
?* \OC?.. rQG y 4G Governor
U) Sherri Evans-Stanton, Acting Secretary
j Department of Environment and Natural Resources
p C Kerr T. Stevens
Division of Water Quality
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate
to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center,
Raleigh, NC, 27699-1621.This form may be returned to DWQ by the applicant, the applicant's
authorized agent, or the project engineer.lt is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within
substantial compliance and Intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature Registration No. Date
NObm
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: [phone]
Fax: [phone]
Facility Name James Farm Subdivision County Iredell
Project Number 00 0299 Regional Contact: Michael L Parker
Date: 4/19/2000
Comments (continued from page 1):
Unfortunately
the I redell County zoning Office has a connectivity requirement for subdivisions that
,
require roads to "flo w" through the development and not be hindered by cul-de-sacs. While this
approach is comme ndable
it will result in unnecessary impacts to mitigatable channels that neither
the developer nor Q ,
W0 favors. Considering the quality of the streams to be impacted- this Office
believes that it is im portant enough to advise the applicant of DWOs desire to avoid these channels by
not installing the ro ad crossings, It may be necessary to provide written direction to the applicant so
that he can advise t he local gov .rnment of DWO concerns. Approval of this 401 request should be
withheld until such time as the applicant has resolved this issue with the local government. It should
also be pointed out that the significance of all the crossings in this request is 149 feet in length (one
foot less than the m itigatable threshold). Considering the totopography on this site, it may be difficult
maintaining 149 fee t of impact on each channel crossing. Follow-up compliance inspections will be
necessary to ascert ain whether the applicant has been able to limit the impacts to 149 feet or less.
cc: Regional Office
Central Office Page Number 2
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name James Farm Subdivision County Iredell
Project Number 00 0299 County2
Recvd From APP Region Mooresville
Received Date 3/7/00 Recvd By Region 3/23/2000
Project Type residential
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. 19 im
26 Stream [5-Y @)N F_- 12-108-20 r C F- 30,706. 745.00 596.00 149.00
14 Stream O Y Q N -?r-r-?-149.00 149.00-?-
?I -OY ON F__F_I -F-?F_F_ F-I-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y OO N Did you request more info? 0 Y * N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? OQ Y 0 N Recommendation: 0 issue 0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 354811
Comments:
Longitude (ddmmss) 805050
cc: Regional Office Page Number 1
Central Office
James Farm Suhdivision #000299
Subject: James Farm Subdivision #000299
Date: Thu, 25 Jan 2001 08:36:49 -0500
From: Peter Colwell <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: John Dorney <john.dorneyCcoiicmalLnet>, cyndi karoly <cyndi.karoly(q)ncmail.net>
CC: Robert Ridings <rob.ridings(-a)ncmaiLnet>, Rex Gleason <[e-mail]>
Jolltl and Cyndi,
These are the MRO comments for the James Farm Subdivision revision off
Simonto Road in Iredell County. All streams that are to be impacted are
small perennial channels with aquatic life and will require mitigation
if they exceed the 150 ft threshold. The applicant has removed two
crossing from the original development plans as shown on the revised
11/22/00 site plan.
Crossing #2 will be the second crossing of this stream as there is a
crossing for the existing subdivision that the proposed development will
connect to. This crossing provide another access point to the
development from Simonton Road. Crossings #3 and 4 provide access to
the east side of the property.
The MRO does not object to the revised project with the following
cortd i t ions:
-The reamai.ni.g streams and wetlands on the property shall be protected
from future development with deed restrictions.
-The rock dam across the stream near crossing number 4 saall be removed
and replaced with a culvert if needed. Staff found that approximately
15 feet of channale had been impacted by the dumping of rock in the
stream to provide access to the sewer line.
Pete Co.l_well - [e-mail]
%TITLE$
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
Pete Colwell <Peter.Colwcll(?t?ncmail.nct>
NC' DGNR - Mooresville
Div. of Water Quality
I of 2 1/26/01 9:37 AN
?neni or `rnnr?nmen?
a tural Resources
Division Water Qualivi
'a-es ;unt, Jr., Gcverncr
'Sill ; ;clman, Secretary
Karr 71. Stevens, Direc:cr
D E N R
Division of Water duciiiy
Envirenmentci Sciences Branch & Weticnds/401 Unit
Lccaticn: Reecy Creek Rccd
Rcleicn, N.C. 27607
Mailing Address: 1621 i'v1cii Sen/ic- Censer
Rcieic,-., N.C. 27 6cc
FAX: (c • c) " .-cc Ec
FAX TO: FAX NUMBER:
FROM:
PHONE: ,
NO. OF PAGES INCLUDING TPIS SHE=D: l a -f 1

? .Q b, 41-:1 ) -r
If yCl: receive ihlS ICX T,iS -k lr>,,'1 cr ??VFi 'C' 0,Z- -1 1
Icncs `, , / i / cc.
Re: MR r.,ckf Ig Notice, 1/17/01
Subject: Re: MRO Tracking Notice, 1/17/01
Date: Wed, 17 Jan 2001 16:04:27 -0500
From: Peter Colwell <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: Cyndi Karoly <[e-mail]>
CC: [e-mail], [e-mail], [e-mail]
Cyndi,
I have not seen this one. Rex do you have it logged in?
Please send it.
Pete
Cyndi Karoly wrote:
> Hi Pete.
> Below is this week's 401 Tracking Notice for the Mooresville Regional
> Office. The Central office has not received your recommendations for
> this project as of January 17, 2001. If you have not received any
> particular application, contact me directly and I will fax you a copy.
> Please take note of the date received in the Central Office and the
> 60-day clock projection. If we do not have your comments by two weeks
> before the clock expires, we may have to prepare the 401 without
> incorporating your comments, in order to avoid waiving the 401. Two
> weeks from today, the application will be forwarded to the appropriate
> Central Office staff member (Todd St. John) if we do not have Regional
> Office comments by then. The CO staff will then consult you if time
> allows and make a recommendation on the 401 to John Dorney.
> TRACKING:
> DWQ No. Project County Permit Type Received Expires
> 00-0299 James Farm Subdivision, Iredell Co., NW 14126 Revised info
> 12118100 2115101
> This is actually a permit modification request, with a revision letter
> dated 12114100 from Wetland and Natural Resource Consultants. It's a
> long-delayed response to our 4124100 hold letter. I'm not sure COE will
> go with NW 26 on this one.
> Please use the staff recommendation sheet in Filemaker Pro, and then
> notify me that the report has been filed. My e-mail address is
> [e-mail] or you can call me at 919-733-9721.
> There are no tardy project files listed for your region this week.
> Thanks very much for your attention.
Pete Colwell - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
I of 2 1/22/01 11:14 AM

Wetland and
Natural Resource
Inc.
Consultants
,

December 14, 2000
WNR, Inc. Project # WBC-1004
NCDEHNR - DWQ
Attn: Mr. John Dorney
4401 Reedy Creek Drive
Raleigh, NC 27607
Re: DWQ Project #000299
Dear Mr. Dorney:
The purpose of this letter is to request authorization for revised wetland impacts under
Nationwide Permit 26 and its general 401 Water Quality Certifications for the project
known as James Farm Subdivision, Iredell County, North Carolina. The project was
placed on hold by your office per letter dated April 24, 2000. Significant effort and
measures have been taken in order to minimize impacts through the removal of road
crossings 1 and 5 as proposed in the original application.
The revised project will impact approximately 447 linear feet or less of Waters of the US
in the form of channels for the installation of road crossings 2, 3, and 4 as noted in the
original application for the purpose of access to the site development. The elimination
of road crossing #1 (the largest road crossing) and utilization of cul-de-sacs as
suggested in your letter should eliminate your concerns of individual crossing impacts
exceeding the 150 linear feet threshold.
No mitigation for impacts is proposed as impacts per separate drainage will not equal or
exceed 150 linear feet.
Additionally, please note that Wetland and Natural Resource Consultants, Inc. did not
receive a copy of the April 14, 2000 401 WQC Denial letter although we were "cc:" on
the original letter. We do not consider the project withdrawn, but "on hold" by your
office at this ' W*Ae .
Sincerely,
Tamp Bandy
cc: OF- STKV1^ CWI Q , US?co?
828-312"9207 Chris 720 South Main Ave,
828-3129205 Jennifer Newton, NC 28658
828 312 "9206 Tamp 828,"465-3050 Fox
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744
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200030596; 200030597 county Iredell
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: James Farm, Inc., Att'n: Mr. Everett Jacobus, Jr. _
Address: P.O. Box 99
Davidson, NC 28036
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
James Farm Subdivision located on 120 acre tract on Simonton Rd. (SR 2322); near
Statesville.
Description of Activity:
(1) NWP 14 (200030596) - Culvert/fill over approx. 149 LF of an unn. trib. to Fourth Cr.
for the purpose of constructing a minor road crossing; (2) NWP 26 (200030597) -
Culvert/fill over approx. 450 LF of unn. tribs to Fourth Cr. for the purpose of constructing
additional road crossings to serve the above referenced subdivision. In addition, approx. 0.3
acre of wetland will be filled for lot construction.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14,26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions 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
[phone]. For any activity within the twenty coastal counties, before beginning work you must contact
the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may 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 June 6, 2000
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 11, 2002 cc: W&NR Consultants, Inc.
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
* •
'A7
61
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 24, 2000
DWQ Project # 000299
Iredell County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
William Brewster Co., Inc.
Post Office Box 99
Davidson, NC 28036
Dear Sirs:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.30
-.cres of wetlands and 645 linear feet of streams located in Iredell County for residential development
(James Farm Inc.) as described in your application dated March 7, 2000. 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 construct cul-de-sacs and thereby eliminate crossings number 3 and 4?
Finally we are concerned that the planned road crossings and-any immediate downstream stabilization
exceed (50 feet). Please be advised that if future compliance inspections reveal that more than 150 feet of
stream have been impacted, that after-the-Pact compensatory stream mitigation will be required. 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 to the Mike Parker, Mooresville Regional Office at [phone]. 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.
,Sincerely, ,7
ohn R. Dorne -//
cc: Mooresville DWQ Regional Office
Asheville Field Office Corps of Engineers
Central Files
File Copy
Jennifer Robertson; Wetland and Natural Resource Consultants
Wetlands/401 Unit 1621 Mail Service Center Raleigh. North Carolina 27669-1621
Telephone [phone]FAX # [phone]
An Equal Opportunity Atflrnnative Action Employer
50% recycled/10`70 post consumer paper
Facility Name James Farm Subdivision County Iredell
Project Number 00 0299 Regional Contact: Michael L Parker
Date: 4/19/2000
Comments (continued from page 1):
the I
Unfortunately redell County
zoning Office has a connectivity- requirement for subdivisions that
,
require roads to "flo ,
w" through the development and not be hindered by cul-de-sacs. While this
approach is comme ndable
it will result in unnecessary impacts to mitiaatable channels that neither
the developer nor Q ,
W0 favors. Considering the quality of the streams to be impacted, this Office
believes that it is im portant enough to advise the applicant of DWOs desire to avoid these channels by
not installing the ro ad crossings. It may be necessary to provide written direction to the applicant so
that he can advise the local government of DWO concerns- Approval of this 401 request should be
withheld until such time as the applicant has resolved this issue with the local government. It should
also be pointed out that the signifi .ante of all the crossings in this request is 149 feet in len
th (one
foot less than the m g
itigatablee threshold), Considering the topograpv on this site, it maybe difficult
maintaining 149 fee t of impact on each channel crossing. Follow-up compliance inspections will be
necessary to ascer tain whether the applicant has been able to limit the impacts to 149 feet or less.
cc: Regional Office
Central Office Page Number 2
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name James Farm Subdivision County Iredell
Project Number 00 0299 County2
Recvd From APP Region Mooresville
Received Date 3/7/00 Recvd By Region 3/23/2000
Project Type residential
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. Elio
26 Stream O Y @)N 12-108-20 F-c -F-F-5,756. 745.00 596.00 149.00
F 14 Stream 77-@) N F-F-I -?-F-F- 149.00 149.00 ?-
F_ IOY ON F_F_F_F__F__F_F_ F_-F-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y (0 N . Did you request more info? Q Y * N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 354811
Comments:
Longitude (ddmmss) 805050
cc: Regional Office Page Number 1
Central Office

Wetland and

Natural Resource NCR 7
PAYMENT
•3=?: }?

Consultants Inc
RECEIVED
.

February 28, 2000
WNR, Inc. Project # WBC-1004
4
US Army Corps of Engineers ' NCDEHNR - DWQ
®® 29
Attn: Mr. Steve Chapin Attn: Mr. John Dorney
151 Patton Avenue, Room 143 4401 Reedy Creek Drive
Asheville, NC 28801-5006 Raleigh, NC 27607
Dear Mr. Chapin and Mr. Dorney:
The purpose of this letter is to request authorization for wetland impacts under
Nationwide Permit 14 and Nationwide Permit 26 and their general 401 Water Quality
Certifications for the project known as James Farm Subdivision, Iredell County, North
Carolina. The property proposed for development surrounds an existing subdivision.
Additional residential communities exist along four of the outer bounds. A thirty foot
vegetated buffer will surround the outer boundaries of the majority of the property.
Three jurisdictional channels cross through the project boundary. There is an estimated
8,300 linear feet of channel and an estimated 0.30 acres of wetlands on site.
The project, as proposed, impacts 745 linear feet of Waters of the US in the form of
channels. The project proposes permanent impacts associated with road crossings of
447 linear feet of important, perennial channel; permanent impacts associated with road
crossings of 149 linear feet of important, intermittent channel; and permanent impacts
associated with road crossings of 149 linear feet of non-important, intermittent channel.
Impacts are shown on the attached site plans. The proposed activity is located in Iredell
County and is within lands owned by William Brewster Company. The attached USGS
topographical map shows the location of the project.
Road crossing #1 on an unnamed tributary to Fourth Creek, utilizing NW 14, consists of
a box culvert with baffle walls. The unnamed tributary to Fourth Creek is considered to
be perennial and important in aquatic function. The permanent channel impacts for this
road crossing total 149 linear feet.
Road crossings #2 and #4 on unnamed tributaries to Fourth Creek, utilizing NW 26, and
consists of pipe and rip-rap. The unnamed tributary to Fourth Creek is considered to be
perennial and important in aquatic function. Permanent channel impacts for these road
crossings total 298 linear feet.
828&312-"9207 Chris 720 South Main Ave.
828,u312,"9205 Jennifer Newton, NC 28658
828&3129206 Tamp 828A,465-3050 Fax
Road crossing #3 is also on an unnamed tributary to Fourth Creek, utilizing NW 26, and
consists of pipe and rip-rap. This unnamed tributary is considered to be intermittent
and important in aquatic function. The permanent channel impacts for this road
crossing totals 149 linear feet.
Road crossing #5, permitted also under NW 26, is on an unnamed tributary to Fourth
Creek that is considered to be intermittent and non-important in aquatic function. The
permanent channel impacts for this road crossing totals 149 linear feet.
Lot fill utilizing NW 26 is proposed for impacts to 0.30 acres of vegetated wetlands.
Total impacts to important channel for this project include 596 linear feet. Impacts to
vegetated wetlands total 0.30 acres. Channel mitigation for the loss of 298 linear feet of
important channel within the same drainage is proposed at a 1 to i ratio on site. There
are areas of channel degradation and lack of sinuosity within the property bounds that
are offered as mitigation sites. Mitigation will significantly enhance the habitat for
aquatic and terrestrial wildlife. As required, the mitigation plan will be monitored for five
years once in place. We understand that if the permit is issued conditional an accepted
mitigation plan that we cannot proceed with the lot and pad fill until we have agency
approval. A mitigation plan, utilizing Rosgen's Principles, will be submitted if the current
mitigation proposed is accepted. No mitigation for vegetated wetland impacts is
proposed.
Sincerely,
Jennifer Robertson
Ecologist
W

N
ws. y ;"a .r

James Farm Site
Statesville, Iredell County
Avoidance and Minimization:
Impacts to channels have been avoided to the extent practicable that gains compliance
with the local zoning regulations pertaining to road safety and access. For reasons of
safety and traffic flows the City of Statesville, NC requires the construction of road
crossings 3 and 4. The developer, however, opposes constructing these crossings
because they result in incurred costs that do not produce a suitable financial gain.
Specifically, the development could proceed with savings from not building the roads
and from not mitigating impacts associated with road crossing 4. Without crossing 4
crossing 3 would not be constructed either because the small acreage of high ground
that it would accesses could not be sold at a price that would make the crossing
equitable. Considerable monetary savings would result from not building the roads even
with the loss of high ground not developed.
To the extent practicable, the proposed road configuration follows existing roads;
crossings are perpendicular and the minimal to achieve approval. Road surface are 60
feet wide, side slopes are 2:1 and fill heights are all approximately 18 to 20 feet tall.
These dimensions result in a toe of slope to toe of slope footprint of 132 to 140 linear
feet; channel meanders boost impacts into the 150 linear foot range.
The developer is in a quandary over the predicament he is now faced with. Do the cost
associated with the two above required crossings reduce the profit of the development
to a point where the project cannot proceed? Since the developer has not been able to
secure a final determination by the zoning board he has opted to attempt to permit the
crossing and mitigate the impacts on the same drainage down stream of crossing 1.
Mitigation:
Down stream of the impact areas the channel is degraded with bank failure evident in
many segments. We propose to stabilize banks with vegetative plantings to prevent
sedimentation. Buffers will be re-established during the mitigation effort.
2-28-2000 9: 02PP 1 FROM FRANK-JACOBUS 70,18%W558
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Departml nt of the Army
Wilmin n Distrtrt, corps
Attn: G, Me Wright, Chi
PO Box 890
Wilmington, North Carolina
-and-
NC DlvislO of Water Quallt
Attn- Joh LUC' rney
4401 jhh. eek Dlve
Raleigh, C.aroitnd, 271
I, the Cu4ent landowner of
Natural Me ConSultan
Process) of permits to IM,
the Clean water act and the
Federal aA=atural agerb an
Wetland Rmur
Wind NaWraI Resour
informaUan nsecied for Pern
Property QWrW of Record:
Address;
Address:
Address:
PhOm Number;
Property Location:
Owners 54nature:
Date;
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Name: STATESVILLE EAST Location: 035° 48' 11.0" N 080° 50'50.2" W
Date: 2/28/100 Caption: WILLIAM BREWSTER CO.
Scale: 1 inch equals 1000 feet JAMES FARM SUBDIVISION
WNR, Inc. Project# WBC-1004
Copyright (C) 1997, Maptech, Inc
JAMES FARM SUBDIVISION, STATESVILLE
IREDELL COUNTY, NORTH CAROLINA
WNR, Inc. Project # WBC-1004
IMPACT DATA TABLE
NATIONWIDE 14 IMPACTS
ROAD CROSSING 1: 149 linear feet (0.02 acres) of fill in perennial, important channel
(Mitigation Anticipated)
NATIONWIDE 26 IMPACTS
ROAD CROSSING 2: 149 linear feet (0.01 acres) of fill in perennial, important channel
(No Mitigation Anticipated)
ROAD CROSSING 3: 149 linear feet (0.01 acres) of fill in intermittent, important channel
(No Mitigation Anticipated)
ROAD CROSSING 4: 149 linear feet (0.02 acres) of fill in perennial, important channel
(Mitigation Anticipated)
ROAD CROSSING 5: 149 linear feet (0.01 acres) of fill in intermittent, non-important channel
(No Mitigation Anticipated)
LOT FILL: 0.30 acres of fill in vegetated wetlands
(No Mitigation Anticipated)
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Road Crossing 1
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(149 linear feet of pipe)
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NATIONWIDE PERMIT REQUESTED: # 14
PRE-CONSTRUCTION NOTIFICATION APPLICATION
1. Owners Name: JAMES FARM INC.
Contact: EVERETT F. JACOBUS, JR.
2. Mailing Address: WILLIAM BREWSTER COMPANY, INC.
POST OFFICE BOX 99
DAVIDSON, NORTH CAROLINA 28036
subdivision name: JAMES FARM
Project location address, including subdivision name (if different from mailing address above): SIMONTON
ROAD, STATESVILLE, IREDELL COUNTY, NORTH CAROLINA
3. Telephone number (home): (work): [phone]
4. Agent: Wetland and Natural Resource Consultants, Inc.
720 South Main Ave.
Newton, North Carolina 28658
Phone: [phone] Fax: [phone]
5. Location of work:
County: IREDELL
Nearest town or city: STATESVILLE
Specific location: SIMONTON ROAD (SR 2322)
6. Impacted or nearest stream / river: FOURTH CRREK
River Basin: YADKIN
7a. Is project located near water classified as trout, tidal saltwater (SA), high
quality waters (HQW), outstanding resource waters (ORW), water supply (WS-1
or WS-2)? Yes ? No ® If yes, explain:
7b. Is the project is located within a North Carolina Division of Coastal Management Area of Environmental
Concern (EAC)? Yes ? No
7c. If the project is located within a coastal county, what is the land use plan designation (LUP):
8a. Have any Section 404 permits been previously requested for use on this property? Yes ? No ® If
yes, provide Acton 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 ? No ® if yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: 120 ac.
9b. Estimated total acres of wetlands located on project site: 0.95 (CHANNELS) 0.30 (VEGETATED
WETLANDS) ac.
10a. Number of acres of wetlands impacted by the proposed project:
Filling: 0.02 ac Excavation: ac
Flooding: ac Other: ac
Drainage: ac Total acres to be impacted: 0.02 (NW 14),
0.35 (NW26) ac
10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and
after relocation):
Length before: 149 if Length after: PIPE If
Width before: 6 ft Width after: PIPE ft
(based on normal high water contours)
Average depth before: 0.5 TO 0.75 ft Average depth before: PIPE It
(2) Stream channel impacts will result from:
Open channel relocation ? Placement of pipe in channel
Channel elevation ? Construction of a dam/flooding ?
Other: RIP-RAP
11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? N/A ac
What is the expected pond surface area? N/A ac
12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans: 8
''/s" x I V drawings only): SITE DEVELOPMENT AND INFRASTRUCTURE FOR A PROPOSED
RESIDENTIAL DEVELOPMENT. TYPICAL EOUIPMENT WILL BE UTILIZED FOR ROAD
CROSSINGS.
13. Purpose of proposed work: RESIDENTIAL SITE DEVELOPMENT. PROVIDE ADDITIONAL HOUSING
FOR THE RESIDENTS OF STATESVILLE.
14. State reasons why it is believed that this activity must be carried out in wetlands. (include any measures taken
to minimize wetland impacts): ROAD CROSSINGS ARE NECESSARY FOR ACCESS TO
DEVELOPMENT. ZONING BOARD IS REQUIRING ROAD CROSSING 3 AND ROAD CROSSING 4
FOR ACCESS ROAD.
15. You are required to contact the State Historic Preservation Officer (SHPO) regardig the presence of historic
properties in the permit areas which may be affected by the proposed project. Date contacted: TO BE
COMPLETED BY USACE AS NEEDED.
16. Does the project involve an expenditure of public funds or the use of public (State) land? Yes ? No
(if no, go to 18)
a. If yes, does the project require preparation of an environmental document pursant 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 16b. is yes, then submit appropriate documentation from the State Clearinghouse to Division of
Environmental Management regarding compliance with the North Carolina Environmental Policy Act.
17. The following items should be included with this application if proposed activity involves 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 streams (intermittent and perennial) 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 stormwater management plan if required.
C. What is the land use of surrounding property? RESIDENTIAL
f If applicable, what is proposed method of sewage disposal? EXISTING SANITARY SEWER
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 wajver of a 401 Division of Environmental Management (Water Quality)
Certification.
?- VAAAAJO- a-ag-oo
Vr's / Agents signature Date
Ii \ i v
N
B-2

30' VEGEYATIVE BUFFER-

NW 26
Road Crossing 2
149 linear feet of perennial,
important channel impact
(119 linear feet of pipe; 30
linear feet of rip-rap) RSO

James Farm Subdivision
Unnamed Tributary to Fourth Creek
d¦

d•
(Nationwide 26)
KEY
Jurisdictional Channel
Map Scale
Proposed for Fill " -'
1 inch = 200 feet
Jurisdictional Wetland __ J

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ar "

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NW 26
Road Crossing 3 ??'" 'i?` • %/'%?? ;??!?''%%'?/ ??'
149 linear feet of intermittent,
important channel impact
NW 26 !J (149 linear feet of pipe)
Lot and Road Fill
(0.30 acres) Road Crossing NW 26
4
149 linear feet of perennial,
•' , '.' ?' ,? /
LLI
important channel impact
(119 linear feet of pipe; 30
linear feet of rip-rap)
Coll
APPNIU,, MAT
NW 26 c
Road Crossing 5
149 linear feet of intermittent,
non-important channel impact
?- (129 linear feet of pipe, 20
linear feet of rip-rap)
- Map Scale
?' I 1 inch = 200 feet
Delineation Performed by: Wetland and Natural Resource Consultants, Inc.
720 South Main Avenue
Newton, NC 28658
Phone: [phone] Fax: [phone]
WETLAND DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: William Brewster Co. / James Farm Subdivision Date: 1/00
Applicant/Owner: Everett F. Jacobus Jr. / James Farm Inc. County: Iredell County
Investigator: Tamp Bandy and Chris Huysman State: North Carolina
Do normal circumstances exist on the site? Yes Community ID: Upland
Is the site significantly disturbed? No Transit ID: Upland
(Atypical situation)
Is the area a potential problem area? No Plot ID: Upland
(If needed, explain on reverse.)
VEGETATION
1. Juniperus virginiana tree FACU- 9. Juglans nigra tree FACU
2. Pinus echinata tree FACU 10. Carya ovata tree FACU
3. Quercus alba tree FACU 11. Rubus spp. shrub FACU
4. Quercus rubra tree FACU 12. Corpus florida tree FACU
5. Lonicera japonica vine FAC- 13. Pinus taeda tree FAC
6. Prunus serotina tree FACU 14. Vitis spp. vine FAC
7. Ligustrum sinense shrub FAC 15. Liriodendron tulipifera tree FAC
8. Liquidambar styrac. tree FAC+ 16. Cercis canadensis tree FACU
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 25 %
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: -none- (in.)
Depth to Free Water in Pit: -none- (in.)
Depth to Saturated Soil: -none- (in.)
Wetland Hvdroloav Indicators:
Primarv Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
WLdata.frmW13C-1004
Project # WBC-1004
SOILS
Map Unit Name
(Series and Phase): Cecil sandy loam
Taxonomy (Subgroup): Kanhapludults
Profile Description:
Depth Matrix Color
(ins. Horizon (Munsell Moist)
0-2 A 10YR 4/2
2-7 E 7.5YR 5/4
7-11 BE 5YR 4/8
11-28 Bt1 2.5YR 4/8
Drainage Class: well drained
Field Observations:
Confirm Mapped Type? Iredell County Soil
Survey
Mottle Colors Mottle
(Munsell Moist) Abundance/Contrast
Texture, Concretions,
Structure etc.
sandy loam
sandy loam
sandy clay loam
clay
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks: Cecil is an upland soil.
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List **
Listed on National Hydric Soils List
Other (explain in remarks)
NO
NO
NO
Is This Sampling Point Within a Wetland? NO
Remarks:
W Ldata. frmW BC-1004
Delineation Performed by: Wetland and Natural Resource Consultants, Inc.
720 South Main Avenue
Newton, NC 28658
Phone: [phone] Fax: [phone]
WETLAND DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: William Brewster Co. / James Farm Subdivison Date: 1/00
Applicant/Owner: Everett F. Jacobus Jr. / James Farm Inc. County: Iredell County
Investigator: Tamp Bandy and Chris Huysman State: North Carolina
Do normal circumstances exist on the site?
Is the site significantly disturbed?
(Atypical situation)
Is the area a potential problem area?
(If needed, explain on reverse.)
Yes Community ID: Wetland (Floodplain)
No
Transit ID: Wetland
No Plot ID: Wetland
VEGETATION
1. Acer rubrum tree FAC 9.
2. Carex spp. grass FACW+ 10.
3. Ulmus arnericana tree FACW 11.
4. Micro. vimineum grass FAC 12.
5. Quercus phellos tree FACW- 13.
6. Lonicera japonica vine FAC- 14.
7. Rubus spp. forb FAC 15.
8. Smilax forb FAC 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 87.5 %
Remarks:
HYDROLOGY
_X_ Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit: 6 (in.)
Depth to Saturated Soil: 4 (in.)
Remarks:
Wetland Hvdroloav Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
X Oxidized Root Channels in
Upper 12 Inches
X Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
WLdata.frrnW13C-1004
Project # WBC-1004
SOILS
Map Unit Name
(Series and Phase): Chewacla loam
Taxonomy (Subgroup): Fluvaquentic Dystrudepts
Drainage Class: poorly drained
Field Observations:
Confirm Mapped Type? Iredell County Soil
Survey
Profile Description:
Depth Matrix Color Mottle Colors
(ins) Horizon (Munsell Moist) (Munsell Moist)
0-8 Ap 10YR 4/3
8-14 Bw1 10YR 4/4
14-24 Bw2 10YR 5/6
Mottle Texture. Concretions,
Abundance/Contrast Structure etc.
loam
silt loam
silt loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
X_ Sulfidic Odor Organic Streaking in Sandy Soils
X_ Aquic Moisture Regime _X Listed on Local Hydric Soils List **
Reducing Conditions Listed on National Hydric Soils List
_X_ Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks: Floodplain of Tributaries to Fourth Creek
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? YES
Wetland Hydrology Present? YES
Hydric Soils Present? YES
Is This Sampling Point Within a Wetland? YES
Remarks:
W Ldata. frmW BC-1004
Delineation Performed by: Wetland and Natural Resource Consultants, Inc.
720 South Main Avenue
Newton, NC 28658
Phone: [phone] Fax: [phone]
WETLAND DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: William Brewster Co. / James Farm Subdivision Date: 1/00
Applicant/Owner: Everett F. Jacobus Jr. / James Farm Inc. County: Iredell County
Investigator: Tamp Bandy and Chris Huysman State: North Carolina
Do normal circumstances exist on the site? Yes Community ID: Channel
Is the site significantly disturbed? No
(Atypical situation) Transit ID: Channel
Is the area a potential problem area? No Plot ID: Channel
(If needed, explain on reverse.)
VEGETATION
1. 9.
2 10.
3. 11.
4. 12.
5. 13.
6. 14.
7 15.
8 16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): N/A
Remarks:
HYDROLOGY
_X Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: _0 - 5_ (in.)
Depth to Free Water in Pit: 0 (in.)
Depth to Saturated Soil: 0 (in.)
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
X Inundated
X Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
WLdata.frmWBC-1004
Project # WBC-1004
SOILS
Map Unit Name
(Series and Phase): Chewacla loam
Taxonomy (Subgroup): Fluvaquentic Dystrudepts
Drainage Class: poorly drained
Field Observations:
Confirm Mapped Type? Iredell County Soil
Survey
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture. Concretions,
(ins) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-8 Ap 10YR 4/3 loam
8-14 Bw1 10YR 4/4 silt loam
14-24 Bw2 10YR 5/6 silt loam
Hvdric Soil Indicators:
Histosol
Histic Epipedon
X Sulfidic Odor
_X_ Aquic Moisture Regime _X_
_X Reducing Conditions
_X_ Gleyed or Low-Chroma Colors Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List **
Listed on National Hydric Soils List
Other (explain in remarks)
Remarks: Bottom of Tributaries to Fourth Creek.
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? N/A
Wetland Hydrology Present? YES
Hydric Soils Present? YES
Is This Sampling Point Within a Wetland? YES
Remarks:
WI-data.frmWBC-1004
? j State of North Carolina
Department of Environment kTw7%;W
and Natural Resources ` •
Division of Water Quality
Room
James B. Hunt, Jr., Governor
Bill Holman, Secretary Kerr T. Stevens, Director NORTNCDENR
H CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MEMORANDUM March 17, 2000
TO: Rex Gleason
Mooresville Regional Office
FROM: John Dorne
RE: 401 Certification Review
Please review the enclosed 401 Certification applications. Please call me if you or your staff have an
questions, or need assistance in these reviews. We regret any delays associated with the weather and the
mail over the last two weeks. y
PLEASE COMPLETE THE NEW STAFF REPORT AND RECOMMENDATION FORM
1. James Farm Subdivision
000299
Iredell County
Central Office Received 3/7100, Clock Expires 5/8/00
Need Comments by 4/8/00
2. Everett Jacobus, Huntersville Site
000294
Mecklenburg County
Central Office Received 3/7/00, Clock Expires 516100
Need Comments by 4/6/00
John Woodley Wallace
000295
Mecklenburg County
Central Office Received 3/7/00, Clock Expires 5/6/00
Need Comments by 4/6/00
4. John Woodley Wallace
000298
Mecklenburg County
Central Office Received 3/7100, Clock Expires 5/6/00
Need Comments by 4/6/oo
5. Terry Yarborough Site
000296
Mecklenburg County
Central Office Received 3/7100, Clock Expires 516100
Need Comments by 4/6/oo
Wetlands/401 Unit
1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone]
An Equal Opportunity Affirmative Action Em to er FAX # [phone]
p y 5096 recycled/103o post consumer paper
IIF
The other enclosed material (if any) is for your general information and use as appropriate.
Enclosures
Project Name: ?
Project Number:
n UC)C,z99
County, ??'???

The attached project has been
site visit is need sent to you for review
Please feel free to to determine the impacts for the call , th P following reasons. Please consider w
office staff articular attention should focus
member assigned to on the below whether a
Stream length e impacted. central Your region if checked items.
You need assistance.
Stream determination (i,e, intermittent or perennial, or any channel
wetland impact and distance to Present).
blue-line surface waters on USGS to
MinimiZaaon/avoidance options. P° map.
`L 14. (is access to highgrOund
or wetlands)?
Neuse buffer rules.
Pond (water) fill (i.e.. the
Pond drained or holding
Pond creation (i.e, in ? water)?
channels (if an uplands, in a drained channel, or in wetl
/ Y) so that the cent] office can determine.
wetlands). Please locate streams
Mitigation_ sire and
Stormwater pond placed in wetlands.
Ditching in wetlands.
Is the applicants proposed stream/wetland mitigation site available and viable?
ccuracy), icandconsultant has a history ofnon-tompIi
accuracy). ante
(check drawings and application for
Has Project been split from previous work to avoid rnitigad n re
pre-application requirements?
C meetings
emulative impact concerns.
OTHER:
MEMORANDUM
TO: John Dorney Regional Contact: Michael L Parker
Non-Discharge Branch WQ Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name James Farm Subdivision
Project Number 00 0299
Recvd From APP
Received Date 3/7/00
Project Type residential
County Iredell
County2
Region Mooresville
Recvd By Region 3/23/2000
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
26 Stream O Y _*N 112-108-20 r -c F- 3076. F_ 745.00 596.00 149.00
14 Stream O Y N 149.00 149.00 r-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y (ON
Have Project Changes/Conditions Been Discussed With Applicant? Q Y ON
Is Mitigation required? *Y ON
Recommendation: O Issue ® Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 354811
Longitude (ddmmss) 805050
Comments:
Under NWP No. 26, the applicant has proposed to impact 596 linear feet of perennial, mi 'gatable
channel- 149 linear feet of intermittent, non-mitigatable channel, and 0.30 acre of headwater
wetlands. Under NWP 14, the applicant has proposed 149 linear feet of impact to a perennial,
mitigatable channel. The impacts are necessary for the construction of a road to access a proposed
residential subdivision. Crossings, No. 1, 2, 3, & 4 are on channels that have high quality riparian
wetlands associated with them. These wetlands are located adjacent to the stream channel and are
providing emportant aquatic functions, (one issue in particular that should be resolved prior to the
issuance of the 401 is the need for crossings 3 & 4. Apparently, the developer does not want to
construct these crossing since they will open Imo, if any, additional area for home construction;
however. they are significant to the developer from a financial standpoint in that they are
considerably more expensive to install with little financial gain.
(see next page)
cc: Regional Office
Central Office Page Number 1
Facility Name James Farm Subdivision County Iredell
Project Number 00 0299 Regional Contact: Michael L Parker
Date: 4/19/2000
Comments (continued from page 1):
Unfortunately, the Iredell County zoning Office has a connectivity r?uirement for subdivisions that
r,,ire roads to "flow" through the development and not be hindered by cul-de-sacs. While this
approach is commendable, it will result in unnecessary impacts to mitigatable channels that neither
the developer nor DWQ favors. Considering the quality of the streams to be impacted. this Office
believes that it is important enough to advise the applicant of DWQs desire to avoid these channels
by not installing the road crossings. It may be necessary to provide written direction to the ap Iil?-
so that he can advise the local government of DWQ concerns. Approval of this 401 request should
he withheld until such time as the applicant has resolved this issue with the local government. It
should also be pointed out that the sianificance of all the crossings in this request is 149 feet in length
(one foot less than the mitigatable threshold). Considering the topography on this site, it may be
difficult maintainina 149 feet of impact on each channel crossing- Follow-up compliance inspections
will be necessary to ascertain whether the applicant has been able to limit the impacts to 149 feet or
less,
cc: Regional Office
Central Office Page Number 2