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HomeMy WebLinkAbout20010766 Ver 1_COMPLETE FILE_20010520OtOF W A TFRpG Michael F. Easley Governor C? William G. Ross, Jr., Secretary j Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 26, 2001 DWO# 01-0766 Iredell County Williamson Road, LLC c/o Tamp Bandy 4508 E. Independence Blvd., Suite 207 Charlotte, NC, 28205 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Bandy: You have our approval, in accordance with the attached conditions, to place fill in 120 linear feet of perennial streams and 157 linear feet of intermittent streams, and to flood 195 linear feet of perennial streams, all of which are unnamed tributaries to Lake Norman, in order to construct a stormwater detention pond to serve the Williamson Road Business Park in Iredell County, as described in your application received by the Division of Water Quality on May 20, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. 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 apd Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 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. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the*%jture) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid Ojiou must follow the conditions listed in the attached certification as well as the additional conditions listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. 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). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site; 2. The stormwater treatment facility shall be designed with a wetland component since the project is within a water supply watershed; 3. The facility should be designed with a low flow release to maintain some water in the stream channel below it at low flows; 4. An additional condition is that a final, written stormwater management plan shall be approved in writing 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 INC 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. The structural stormwater practices and well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at in Raleigh 919-733- 9721. North Carolina Division of Water Quality, 401 Wetlands CerWcatidn Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) n- 100 4700 .. L.......\ n1n -lon 00!17 /i....\ 4.w.-. IIL.O.. - n............n I-....H.....J..: Page 2 of 2 Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Tamp Bandy, 11 South College Avenue, Suite 203, Newton, NC, 28658 010766 Facility Name Williamson Road Business Park County Iredell Project Number 01 0766 Regional Contact: Pete Colwell Date: 6/19/2001 Comments (continued from page 1): channel (157 linear feet) above thestormwater pond will be filled. The MRO does not object to project proposal with the following conditions: 1) The stnfniwd# tmQitm6nt facffl shall be designed with wetland component since the project is wlthi13;.3 a&rs nRlX? piad.. 3 2) The facility should he designed with a low flow release to maintain some water in the stream channel below it at low flows. Stormwater plans should be submitted within 30 days of issuance of the 401. 4) The facility should be compete and functioning prior to the occupation of any buildings on the site. Sl Deed restrictions sahll be placed on the remaining jurisdictional waters on the tract. cc: Regional Office Central Office Page Number 2 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Pete Colwell WO Supervisor: Rex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Williamson Road Business Park Project Number 01 0766 Recvd From APP Received Date 5/20/01 Recvd By Region Project Type commercial development County Iredell County2 Region Mooresville ?ee r "7 1?") up 1 Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME F tream 77_@__N ? 11-(75 WSIV B CA 30,832. I - ?- 120.00 39 S w ? 10 Y* 1177 _! r f ? ¦ irr?r Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON 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 pO N Recommendation: 0 Issue 0 Issue/Coed 0 Deny Provided by Region: Latitude (ddmmss) 353315 Longitude (ddmmss) 805144 The a lir?n cant proposes to develop the site into a commercial business park. The Town of Mooresville is requiring stormwater detention for the first phase of the project and may request authorization for a road crossing in the future. The applicant has proposed to construct a stormwater detention pond within the northern stream channel. The facility will impact 120 linear feet of r r perennial channel with fill and flood 195 feet of channel. The rest of the intermittent cc: Regional Office rz? Central Office ?p l ?? Page Number 1 Wetland and Natural Resource Consultants, Inc. S yh? w ? w. w :r rNP FILE CD?Y U.S. Army Corps of Engineers Attn: Mr. Steve Chapin 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Re: Williamson Road Business Park Mooresville, Iredell County, Nortl Dear Mr. Chapin and Mr. Dorney: N.C. Division of Water Quality Attn: Mr. John Dorney 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 i Carolina May 18, 2001 010766 The purpose of this letter is to request permits for impacts associated with proposed commercial development for the "Williamson Road Business Park" owned by Williamson Rd, LLC. The site is located off Williamson Rd (SR 1109), just west of 1-77, Exit 33. Site Conditions: The site contains one jurisdictional channel as seen on the attached proposed impact map. The channel is subject to storm water runoff from nearby commercial development (including gas stations). This development has contributed to the active formation of the gully and continued degradation of the channel from sediment and other pollutants. The channel is discontinuous and has subsurface flows between Impact Sites 2 and 1 (see attached photos and Impact Site Map). The channel was surveyed for the presence of fish, crayfish and salamanders starting from the lower end of the channel and working upstream. With the exception of a few aquatic beetles, no aquatic life was observed. The attached stream data forms describe field observations on 5/16/01. No jurisdictional vegetated wetland was found on site. Proposed Site Alteration: The project proposes impacts under NW Permit 39 and its 401 Water Quality Certification in order to build a stone water detention pond (see attached Impact Site Map). This would involve filling 120 LF of Corps non-important channel and DWQ potentially important (although no crayfish were observed, a small number of crayfish mounds were found adjacent to channel) at Impact Site 1, and 157.5 LF of non- mitigatable intermittent channel at Impact Site 3. The remaining 195 LF (Impact Site 2) of channel will be flooded. Mitigation: No additional compensatory mitigation is proposed as impacts are assessed to be minimal. Only impacts of 120 linear feet for the installation of the dam are assessed to occur in NC DWQ potentially important channel (only crayfish mounds found during site visit). The creation of the extended wet detention basin, which will additionally collect and treat off site commercial development, will more than compensate for the compromised and degraded water quality and aquatic habitat functions of the existing channel Sincerely, Tam ZAndy'*-v P Newton Office Waynesville Office 11 South College Ave. Suite 203 82 Poplar Street PO Box 224 n, PO Box 553 658 Newton, N pnY?II NT Hazelwood, NC 28738 305 828-465 r F? 828&454&5033 828-465'"3050 Fax ECF?VED 828-454&5033 Fax wnrinc@aol,com ? wnrinc@aol,com 0 0° 52' 0. 0" 0 0° 0. 0" W 0 0° 51'0. 0" V _- Vii' -Z I r ' Z t Y Ii L?? 1 "F 04 , r t ° Cl) I w Z Z err J Op I 4 , r s `? "j - Z it 1 ._ r ti f ?' CV,a , L .... { ..?•. Q l r' T f ?l C) n JJ I L,I 6°W - r777-t I O80° 52' 01" I v 1 0 0° 1' 40.60" 0 0° 51' 0. 0" W Name: MOORESVILLE Location: 035° 33' 14.8" N 080° 51'43.5" W Date: 11/8/100 Caption: Williamson / Catalina Alcove Road Business Parks Scale: 1 inch equals 1000 feet Inc. 05/15/01 TUE 14:21 FAX C15%19/"1`.{r11 Ill:"? c'{•'?-''1''-1 P,o8 F'P.2FFERTEE':, Department Of the Armv MIMIngton Olstril t, Corm a sigine-c Attn. G. Wayne Wright, Chief Regulatory Division Pb Hox IM Wilmington, North Camilna, 2M2-iaso -and- NC Division of water quality Attn: ]ohn Don*y 4401 Reedy Creek Dive Raleigh, North Carolina, 77514 X1002 I, the current landowner of the property Identified below, hereby authorize Wetland and Natural Resource Consultants; Inc. 0"on my behalf as my agert during the processing of permits to Impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act Federal and State agents are authorized to be on said property when accompanied by Wetland and Natural Resource Consultants, Inc. staff. Wedand and Natural Resource Consultants, Inc, is authorized to pmvlde supplemental information needed for permit processing at the request of the Carps or bWQ. Property Owner of Record: Address: ?/y/. ?AD? 'l Ste! a?G7 XLw_ address: Y ,szrtIAl lye- Address. Prone Number. Property Location: ?'-1rf??i2/kso•? /C??+a? Owners Signature: Date; Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. ®1 0 7 6 6 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested:39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Williamson Road, LLC Mailing Address: 4508 E. Independence Blvd Suite 207 Charlotte, North Carolina 28205 Telephone Number: 704-532-0028 Fax Number: 704-532-4307 E-mail Address: Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Tamp Bandy Company Affiliation: Wetland and Natural Resource Consultants, Inc. Mailing Address: P.O. Box 224 11 South College Avenue, Suite 206 Newton, North Carolina 28658 Telephone Number: 828-312-9206 Fax Number: 828-465-3050 E-mail Address: wnrincamol.com III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 1 I by 17- inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Williamson Road Business Park 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 4646-61-4309 4. Location County: Iredell Nearest Town: Mooresville Subdivision name (include phase/lot number): Williamson Road Business Park Directions to site (include road numbers, landmarks, etc.): Site located Just west of I-77 Exit 33 off of Williamson Road. (SR 1109) See Attached Mooresville USGS TonoOuad 5. Site coordinates, if available (UTM or Lat/Long): 35d33'15.3"N 8001'44.2"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Describe the existing land use or condition of the site at the time of this application: Abandoned farm land 6. Property size (acres): approx. 31 acres 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed intermittent tributary to Lake Norman 8. River Basin: Catawba Describe the purpose of the proposed work: Commercial Development List the type of equipment to be used to construct the project: Typical heaw equipment used for site grading and building construction Describe the land use in the vicinity of this project: commercial and residential IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No known previous permits requested V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No VI. Proposed impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain* * es/no Distance to Nearest Stream (linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. * * 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hu://www.fema.go_v. ***List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Channel Only Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) 1 Fill 120 UT to Lake Norman 2 feet barely perennial 2 flooding 195 it 1.5 feet likely intermittent 3 fill 157.5 1 foot intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.uov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mgpguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 473 (See Attached Site impact ma 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Site Number indicate on ma * Type of.Impact Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ® stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): dam Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): local stormwater Size of watershed draining to pond: 20 acres Expected pond surface area: permanent Pool elevation equals 14,163 sq.ft., storm elevation (top of riser equals 34,917 sa.ft.) VII. Impact Justification (Avoidance and Minimization,) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Existing site topoeraphy dictates that the most loeical and economically feasible location for installation of a required extended wetland detention basin be placed at the proposed location. Site eradine and fill are necessary to develop the site. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwedands/strmaide.htmL Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No additional compensatory mitigation is proposed as impacts are assessed to be minimal. Only impacts of 120 linear feet for the installation of the dam are assessed to occur in NC DWO important channel (only crayfish mounds found during site visit). The creation of the extended wet detention basin, which will additionally collect and treat off site commercial development, will more than compensate for the compromised and deeraded water quality and aquatic habitat functions of the existine channel. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/vvr?/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWO Only Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWO Only It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A)? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. Lf buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0260.: XI. Stormwater (DWO Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property: Proiect proposes high density option of 50% for site development. WSWS IV rules requires extended detention wetland. Site will additionally collect and treat runoff from new gas stations and other commercial development located across Williamson Road XII. Sewage Disposal (DWO Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility: Sanitary Sewer XIII. Violations (DWO Onl Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ?No Is this an after-the-fact permit application? Yes ?No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control): c?,? &:?? Z-1 L 0 / Applicant/Agenfs ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) >cne??yZ ,?y V1 V7 i?I?F-FI v: AD ' i a: r oj _a rc:? /' ??' rA i ?' ? ?? ; dS I , a, I / 0 Fa? 1w J t -4r.. U :ow 2 cw / Lri, ry cb ,J. ? ? ? R'? I r ? ? ?'. PO \Lj r 'q a••- ' ? , i %• ?? ! I 11 I / w / III! QO?? / / ? '? Ijjj?! ? TTY? , U ;I ,_ Ott' r z L U ? i- O Li 0 'o 0 N O (U 00 C7 4 7i i' i / I l. jS --? 0D r U? f W ur r All C4 .: p V? ;;- u ; Nr 4- J u w N o,, 2 (? F. . vi ? ,y (? Q a' c W 1 f c z` o U 0 W ¢ W m A -' aL .-.,rlww i .. a o ? ' o Z _ W `?. N? ? 1 J d . W r u w G? _.. 00 a c?Qiw Y N f Ww= Ar cQ z ;gym F- u Ix ui ., , i w o ?Aw? ?Qi ? wZ:Q RI C4 q-~ w ?N u7 ra -6 J F-?ayr ' H ' / J C) Qw rr cy °C ° m Z m (n In =o I v I , 69 W-w , IM. w zwQ. l I / Q?O? ?owaca d o U in ?? z 14 ?,y a j i CLl D , Ir j ml J QZ doom rS QO* top. ?i1 llC? Ou_ F OT w :.? cu ?/ 6 11 G ?.' li 0-9 (Y U n, /L, a Y J.? H 4- L, CU QCOS V) - F- 11 CT ?10 Z) d o 6N U) Z U / Q N -? d ELI ?a3 ~ O / vl W oj \ 1 %j `,' ?, Co CD PHOTO 1 PHOTO 2 PHOTO 3 INTERMITTENT CHANNEL EVALUATION FORM Action ID: Applicant Name: Williamson Road, LLC Date: 5/16/01 Proposed Work in Channel (i.e., culvert, relocation, etc): Installation of Extended Detention Stormwater Wetland Waterbody: UT to Lake Norman River Basin: Catawba County / City: Mooresville. Iredell County Recent Weather Conditions: No precipitation within 48 hrs. P SP ? ? ® ? ? ? ? ? ® ? ® ? ® ? ? ? ® ? P = Present NP Observation Comments or Description fish / shellfish / crustaceans observed few crayfish mounds only, no crayfish Benthic macro invertibrates observed a few beetles only Amphibians present/breeding Algae and/or fungus (water quality functions) wildlife channel use (ie. Tracks, feces, shells) absolutely no track observed federal protected species present (discontinue) riffle / pool structure very weak Stable streambanks only at channel close to property line Channel substrate (gravel, cobble, sand, etc.) accumulated sediments prevalent Riparian canopy present (SP = +/- 50%) Undercut banks/instream habitat structure weak, only near property line Flow in channel Wetlands adjacent to/contiguous (discontinue) Persistent pools/saturated bottom (June-Sept) likely Seeps/groundwater discharge (June-Sept) unsure Adjacent floodplain present Wrack material or drift lines Hydrophytic vegetation in/adjacent to channel SP = Strongly Present NP = Not Present Important to Domestic Water Supply? Yes ® No ? Does Channel Appear on a USGS Quad or Soils Map? Yes ® No ? Notes: USGS indicates channel farther than actual Jurisdictional limits Flow present but unable to find aquatic life within channel on 5/16/01 Only few crayfish mounds present near property line Upper reaches of channel exhibit unstable banks and evidence of heavy stormwater flows from development above site. T)Pterminatinn Perennial Channel (stop) Important Channel: LF Intermittent Channel (proceed) Unim ortant Channel: LF Ephemeral Channel no 'uris. attach ma indicating location of important / unimportant channel Ditch Through Upland no 'uris. Project Manager Initials: Evaluator's Signature: (if other an C.O.E. prof anager) NCDWO Stream Classification Form Project Name: Williamson Road Business Park River Basin: Catawba County: Iredell USGS QUAD: Mooresville DWQ Project Number: Nearest Named Stream: Lake Norman Latitude: 35d33'15" Longitude: 80d51'44" Evaluator: Tamp Bandy Signature: Date: G 4/ Location/Directions: West of Exit 33 on I-77, off of Willi son Road *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line 1. Geomoroholoy-y Absent Weak Moderate Strong 1) Is There A Riffle-Pool Sequence? 0 J 2 3 2) Is The USDA Texture In Streambed 10) Is A 2' Order Or Greater Channel (As Indicated PRIMARY GEOMORPHOLOGYINDICA TOR H. Hydrology Absent Weak Moderate Strom 1) Is There A Groundwater Flow/Discharge Present? 0 1 CD 3 PRIMARY HYDROLOGY INDICATOR POINTS:___Z, Secondary Field Indicators) (Circle One Number Per Line) II. Hydrology Absent 1) Is This Year's (Or Last's) Leaflitter Present In Streambed? 1.5 2) Is Sediment On Plants (Or Debris) Present? 0 3) Are Wrack Lines Present? 0 4) Is Water In Channel And >48 Hrs. Since 0 Weak Moderate Stron 1 .5 .5 1 -.5 1 1.S .5 1 5) Is There Water In Channel During Dry 0 .5 1-y"-' Conditions Or In Growing Season)? 6) Are Hydric Soils Present In Sides Of Channel (Or In Headcut)? Y =1.5 No=O 5) Is There An Active (Or Relic) 8 Is There A Bankfull Bench Present? 0 2 3 9) Is A Continuous Bed & Bank Present? 1 2 3 4) Are Bivalves Present? 4 .1l 1 2 3 PRIMARYBIOLOGYINDICA TOR POINTS:'S_ 3) Does Topography Indicate A Natural Drainage Way? 0 5 1 C1;S7 SECONDAR Y GEOMORPHOL OGY INDICA TOR POINTS: 2.5 7) Is Filamentous Algae Present? 5 1 1.5 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (*NOTE: If Total Absence Of All Plants In Streambed 2 1 .5 0 0 As Noted Above Skin This Sten UNLESS SAYPresent*). SECONDARYBIOLOGYINDICA TOR POINTS: I TOTAL POINTS (Primary +Secondm) = aLV-?y (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) SECONDARY HYDROLOGYINDICA TOR POINTS: /S F WAIF \0?0 9pG Michael F. Easley Governor r William G. Ross, Jr., Secretary >_ y Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 15, 2001 Iredell County DWQ Project No. 01-0766 Williamson Road, LLC C/o Tamp Bandy 4508 E. Independence Blvd., Suite 207 Charlotte, NC, 28205 Dear Mr. Bandy: On May 20, 2001, the NC Division of Water Quality received your application for a 401 Water Quality Certification for the proposed commercial development Williamson Road Business Park in Iredell County. In accordance with 15A NCAC 2H .0506, your application was forwarded to Mr. Pete Colwell of the DWQ Mooresville Regional Office for review. Mr. Colwell advises us that your application is incomplete since you did not include plans for the business park, as only the plans for the pond were included. Please provide a site plan clearly showing the delineated, proposed wetland, water and stream impact areas in relation to all structures and paved surfaces. You may also find it helpful to include photographs of the site, although this is optional. 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)). If you have any questions, please contact Cyndi Karoly at (919) 733-9721 or Pete Colwell at 704-663-1699. Sincerely, ?P John Dorney cc: Corps of Engineers Asheville Raleigh Regulatory Field Office Mooresville DWQ Regional Office File Copy Central Files Tamp Bandy, 11 South College Ave., Suite 203, Newton, NC, 28658 010766 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) n4 n 700 -.0 /..F.--- % (l, n 100 Coll /{....\ L.>•... ?/L.O .. ............. ........ /.........IL....J.. / Re: MRO Reviews Subject: Re: MRO Reviews Date: Thu, 14 Jun 2001 16:36:38 -0400 From: Peter Colwell <Peter.Colwell@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: Cyndi Karoly <cyndi.karoly@ncmail.net> If youcan write it would help me out. Thanks Pete Cyndi Karoly wrote: > 01-0766 does that mean you're going to write a letter when you have time, > or you want me to write a letter? Please advise. Thanks. > Peter Colwell wrote: > > Cyndi, > > You should find MRO comments for Stratford on Providence DWQ #010737, > > Union > > and Gates at Waterside Crossing DWQ # 010755, Lincoln Co. on filemaker. > > I have asked for additional information for Williamson Road Bus Park, > > DWQ 010766, Iredell. The plans for the BUs Park were not submitted, > > just the plans for the pond. The application should be considered > > incomplete. I have asked for the additional plans by phone. They > > probably should get a letter which I have not had time to write. > > Pete > > 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 - 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 6/15/01 8:52 AM W , [" North Carolina Wildlife Resources Commission K> Charles K. Fullwood, 1"Accutivc Dlrcctol' TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers John Dorney, 401 Administrator vl-' NC Division of Water Quality v? FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: June 8, 2001 SUBJECT: Review of 404/401 Application for Williamson Road Business Park, Unnamed Tributary to Lake Norman, DWQ # 010766, Iredell County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant proposes to commercially develop a 31 acre abandoned farm. Total permanent jurisdictional stream impacts will be 277.5 linear feet, excluding flooded stream. The NCWRC continues to be concerned about the fragmentation and loss of forested areas or woodlands as development occurs in areas near large municipalities. Communities that are designated as bird or wildlife sanctuaries are causing harm to avian species and other wildlife by development practices that destroy terrestrial and aquatic habitats. We appreciate the efforts to protect water quality by providing stormwater detention and treatment. However, the NCWRC does not encourage the utilization of existing waters or wetlands for water quality treatment facilities. When practicable, we recommend that streams be relocated using bioengineering methods and that a natural forested buffer of at least 50 feet be provided on each side of the relocated stream channel. State or local minimum buffers must be met. The stormwater treatment pond should be built out of the stream whenever possible. If this stream is located on a water supply watershed and if it is perennial, the buffer Mailing Address: DIN-isioii of Inland Fishcrics • 1721 Mail Sci-vice Center • Raleigh, NC: 2 7699-1 72 1 Telephone: (9 19) 733-3633 ext, 281 • Fax: (919) 715-76. 3 Williamson Road Business Park 2 June 19, 2001 requirements for high-density development is 100 feet from the streambank edge. When impounding these waters, the buffer should extend from the edge of the pond. If stream relocation is not economically feasible or practicable, we recommend that the wet detention facility include vegetated littoral shelves for aquatic edge habitat as routinely required in 401 Certifications. Buttonbush, black willow, tag alder, wax myrtle and river birch would be appropriate in this vicinity. Tag alder may not be appropriate in nutrient sensitive watersheds. To restore biodiversity (especially avian and terrestrial habitats) and to enhance aquatic/detritus habitats in the detention facility, we recommend that the applicant provide for the restoration of tree and shrub species similar to those previously found on or near the site. Native species such as wild cherry, hickory and oak may be preferred due to structural concerns and wildlife benefits. These trees and shrubs should be planted around and on the upper third of the detention structure, excluding the dam. When mature, this reforested and edge habitat should restore some habitats and functions lost through development. It should partially restore aquatic habitats, reduce exposure of the water surface to sunlight thereby reducing thermal pollution, provide essential summer and winter forage and habitats, and provide an aesthetically pleasing green space that should improve property values. Walking trails (6' maximum width) associated with this environmentally enhanced detention facility could also provide recreational and educational benefits. Instead of using typical fescue grasses, the remaining portions of the structure should be planted with native warm season grasses and/or the following mix: Spring/Summer Mixture, May 1- Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30 Browntop millet 20 lbs/a Oats or Wheat 120 Ibs/a Kobe lespedeza* 20 lbs/a Korean lespedeza* 20 lbs/a Amquaillespedeza l lb/a Amquaillespedeza Ilb/a Switchgrass 10 Ib/a Partridge pea 10 lb/a * On slopes less than 3:1 use Am quail lespedeza, Switchgrass, Little Blue Stem, Indian Grass On slopes greater than 3:1 use Orchard Grass or Weeping Love Grass Add one of the following to the above mixture Purple Birdsfoot trefoil 5 lbs/acre Ladino Clover 5 lbs/acre Lime & fertilize disturbed areas Alfalfa 5 lbs/acre to NCRS soil test and recommendations. (Note: Mowing should be limited to February 1 - April 1 and should only occur as needed to prevent tree growth on the dam or other areas. Mowing on a 2-3 year schedule should suffice. Clover usually requires 2 ton of lime/acre and inoculate. Alfalfa requires boron fertilizer.) Trees and shrubs should be planted at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Williamson Road Business Park Loblolly Pine* Red Cedar Black Gum Dogwood Hickory Sumac Red Maple** Viburnum Green Ash Willow Oak Swamp Chestnut Oak June 19, 2001 American Holly White Oak Black Cherry Ironwood Water Oak Silky Dogwood Other species may be utilized depending on site requirements and availability. Pines* should not exceed 15% of the reforestation. Large or fast growing trees like Sycamore and Maple** may not be appropriate around detention facilities. The above recommendation should be considered for the multiple benefits provided to the community and to the environment. Contributing a broader diversity of habitats around detention facilities will elevate aquatic and terrestrial biodiversity as well as provide multiple biological functions and benefits in urbanized settings, including thermal maintenance in the detention facility. These areas may be limited in size yet still function as small ecosystems that can support amphibians, lizards, mammals, and birds. Initial costs for environmental enhancement of detention structures should not be prohibitive and the long-term maintenance costs should be reduced, as constant mowing would not be necessary in the naturalized areas. Initially, it may be advantageous to have basic sketches and planting schedules submitted for review prior to implementation of these detention facility enhancement practices. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Pete Colwell, DWQ-MRO