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
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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
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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.)
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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