HomeMy WebLinkAbout20010925 Ver 1_COMPLETE FILE_2001061901 O? W A T ?9pG
r
O 'C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 25, 2001
DWQ# 01-0925
Iredell County
Alan Kerley
Beazer Homes, Inc.
5501 Executive Center Drive
Charlotte, NC, 28212
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Kerley:
You have our approval, in accordance with the attached conditions, to place fill in 430 linear feet of perennial streams in order to
construct a Beazer Homes subdivision at US Hwy 21 and Rhinehart Road in Iredell County, as described in your application received by
the Division of Water Quality on June 19, 2001. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3289 and 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 Numbers 14 and 39 when 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 and
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 future) exceed one acre, compensatory mitigation may be required as described.in 15A NCAC 2H .0506
(h). For this approval to be valid, you 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 on the property.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit. (whicheveris later).
A sample deed notification format can be downloaded from the 401/Wetlands Unit web site;
2. The remaining riparian forest on the property should be preserved as buffers as described in your application;
3. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
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 NC DENR Stormwater Best
Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this
Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented.
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 call Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or John Domey at in Raleigh 919-733-9646.
.Stevens
North Carolina Division of Water Quality, 401 Wetlands CeQlfidation Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
n1 n 100 4700 ....?,,...,? n.n ? 00? 0 fl-% ?...,.???? .. ............. .... .........................
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWO Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
Page 2 of 2
010925
O?0 W A T ?9QG
r
o -'?
Michael R Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Alan Kerley
Beazer Homes, Inc.
5501 Executive Center Drive
Charlotte, NC, 28212
APPROVAL of 401 Water Quality Certification with Additional Cond
Dear Mr. Kerley:
?2Z-
Jd7 23, 2001
DW Q# 01-0925
Iredell County
°?^?
You have our approval, in accordance with the attached conditions, to place fil n 430 linear feet of perennial streams in order to
construct a Beazer Homes subdivision at US Hwy 21 and Rhinehart Road in Iredel ounty, as described in your application received by
the Division of Water Quality on June 19, 2001. After reviewing your applicatio we have determined that this fill is covered by General
Water Quality Certification Number 3289 and 3287, which can be viewed on r web site at httD:Hh2o.enr.state.nc.us/ncwetiands. This
Certification allows you to use Nationwide Permit Numbers 14 and 39 when ' sued by the U.S. Army Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahea with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regula' ns. 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 future) exceed one acre, compensatory mitigation may be required as described,in 15A NCAC 2H .0506
(h). For this approval to be valid, you 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 on the property.
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/Wet1ands Unit web site;
2. The remaining riparian forest on the property should be preserved as buffers as described in your application;
3. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
An addition ndition is that a final, written storm ter management plan shall be approved in writing by this Office before the
im acts s cifi din this Certif' n occur. Th to water mana a plan must inclu pl ins and specIf' ors for stormwater
nag ent tins ities desi ed t remove X. TS according hem st recent vet 10' a NC D Stor water Best
an ement ctices anual. so, be re any p anen ilding is ccupie he subj t sit a facilitie as apr this
O ce, shall b ted and per on al, and th sto water manag plan, as appro by this Office, a imple ented
The structural water practic and well as drai ge pattems 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 call Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or John Domey at in Raleigh 919-733-9646.
North Carolina Division of Water Quality, 401 Wetlands C40ficati6n Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
Page 2 of 2
010925
LEONARD S. HMNE% PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
August 3, 2001
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Mr. John Dorney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Ms. Cyndi Karoly
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Re: US #M 21/Rhinehart Road Site - +46.40 Acre, Iredell County - NWP #14, #39 D_ WO
01-0925
Dear Sirs:
It appears that based on the certified letter that we received last week, that you may not have had
the opportunity to review the additional information submitted on July 15, 2001 before the letter
was written. Based on a review with the owner and the engineer, the proposed road crossings for
each road crossing will not exceed 150 linear feet. The three road crossings as depicted on the map
are approximately 120 linear feet, 145 linear feet, and 145 linear feet.
They are also aware that if the impacts to individual streams should exceed 150 if (including rip-
rap) that a new application will be necessary and if approved, mitigation will be required. The
developer is proposing to clearly mark construction limits in the field and where necessary
construct retaining headwalls to minimize impacts.
Please contay4 me if you have any questions or require additional explanation. Thank you for your
na`rd S. Rindner, PWS
nvironmental Planning Consultant
cc: Mr. Alan Kerley
Dan Brewer
OF W A7- ?O Michael F, Easley
Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
0 Kerr T. Stevens
Division of Water Quality
July 20, 2001
Iredell County
DWQ Project No. 01-0925
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Alan Kerley
Beazer Homes, Inc.
5501 Executive Center Drive
Charlotte, NC, 28212
Dear Mr. Kerley:
On June 19, 2001, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification to impact streams in order to develop a subdivision at the US Hwy 21/Rhinehart Road site in Iredell County.
This project has been referred to Mr. Pete Colwell in our Mooresville Regional Office for site-specific review. Please note
that although we do not have fundamental objections to your project, we need the following information in order for us to
complete our review of your application. Specifically, please provide the following details:
• You have not precisely quantified the impacts to streams proposed for this work. Please list the linear feet of
stream impacts proposed at each of the three stream crossings, including any rip-rap or other structures which
would impact the streams.
Until the information requested in this letter is provided, 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)).
Thank you for your attention. If you have any questions, please contact Pete Colwell in our Mooresville Regional Office
at (704) 663-1699 or Cyndi Karoly in Raleigh at (919) 733-9721.
Sincerely,
I
J hn Dorney
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
File Copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
010925
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)
LEONARD, S. RINDNE% PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
July 15, 2001
Mr. Pete Colwell - NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Mr. John R. Domey - Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
W. Steve Chapin - US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Re: US Hwy 21/Rhinchart Road Site - +46.40 Acre, Iredell County - NWP #14, #39
Dear Sirs:
On behalf of my client, Beazer Homes, I am responding to your comments regarding the project. Your
comments were in relation to more accurate stream crossing designs, protection of remaining streams and
wetlands, buffers, impervious surface area, and storm water management, and whether a connector road
on an adjacent property exists.
Attached are enlargements of the proposed road crossings, indicating that each road crossing is below 150
linear feet. The road crossing located off site near the northeast corner of the property is existing.
Construction limits will be clearly staked to prevent additional impacts. Also, I have attached an
impervious surface area breakdown for your review. The project is in a WS-IV watershed and the
impervious surface area for the project is 23.9%. The application indicates that remaining stream and
wetlands on the site will be preserved within common open space. Buffers will be retained along the
remaining streams to the extent feasible. The buffers will be a minimum 35' from top of bank. There will
be a minimum 15' undisturbed zone along the stream banks. If removal of vegetation or grading is
required in the remaining 20', the buffer areas will be replanted to re-establish a forested buffer. Storm
water will spread over the buffers and floodplain to further filter runoff. There will be no direct tail
ditching of storm drainage to the creeks. Project construction will strictly adhere to an approved
Sedimentation and Erosion Control Plan.
Please contact if you have any questions or require additional explanation. Thank you for your
S. Rindner, PWS
nental Planning Consultant
cc: Mr. Alan Kerley
Dan Brewer
PATTERSON, BREWER & ASSOCIATES, P.A.
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WATERS OF THE U.S. /
Aug 20 01 09:58a Leonard Rindner
LEONARD S. RI.NIDNFR, PWS
704 847 0185 p.1
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Weiland Scientist Matthews, NC 2$145
Land Planning Tele: (704) 846-0461
Fax (704) 847-0185
FAX COVER LETTER
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Re: DWQ 01-0925
Subject: Re: DWQ 01-0925
Date: Sun, 19 Aug 2001 14:36:40 -0400
From: John Dorney <john.dorney@ncmail.net>
To: "Leonard S. Rindner" <rindner @bell south.net>
CC: "Todd St. John" <todd.st.john@ncmail.net>, Peter Colwell <Peter.Colwell@ncmail.net>
tood - please handle. thankx
"Leonard S. Rindner" wrote:
> John, Todd, Pete:
> I realize that you typically require a formal letter for this - I'm
> hoping this problem is a word processing issue and can be easily fixed.
> Re: DWQ - 01-0925 US Hwy 211Rhinehart Road Site - +46.40 Acre, Iredell
> County - NWP #14, #39
> on behalf of Beazer Homes, Inc., I am requesting your review of the 401
> Water Quality Certification that was issued for the project. The 401 WQC
> has been conditioned to include a stormwater management plan that
> includes stormwater management facilities designed to remove 85%. I
> believe that this condition was included in the 401 in error for the
> following reasons:
> 1) The impervious percentage on this single family subdivision is 23.9%,
> which is well below 30t. Dwelling units are 2.7 units/acre, which is
> comparable with typical single family subdivisions which are
> approximately 3 units/acre. The allowable overall impervious surfaces
> were designed to be in accordance local WS-IV regulations. The lots are
> evenly spread throughout the project subdivision and not concentrated
> in one location on the site
> 2) The project is not multi-family and does not include any large areas
> of parking lots.
> 3) This project has been designed based on preliminary reviews and
> discussions with Pete Colwell of the Mooresville Regional office. There
> also was not a notification from the DWQ that the proposed plan or
> application for the project was subject to denial.
> 4) A stormwater management plan was proposed which included the
> following:
> a) buffers will be a minimum 35' from top of bank. There will be a
> minimum 15' undisturbed zone along the stream banks. if removal of
> vegetation or grading is required in the remaining 201, the buffer
> areas will be replanted to re-establish a forested buffer.
> b) Storm water will spread over the buffers and floodplain to further
> filter runoff. There will be no direct tail ditching of storm drainage
> to the creeks. Project construction will strictly adhere to an approved
> Sedimentation and Erosion Control Plan.
> Obviously this unexpected condition is problematic. Hopefully that this
> is simply a word processing error and can be resolved easily. If
> necessary we would be willing to meet with you to discuss the project
> with you in more detail.
> Thank you for your consideration.
1 of 2 8/20/017:17 AM
MRO Projects
Subject: MRO Projects
Date: Mon, 06 Aug 2001 15:49:44 -0400
From: Peter Colwell <Peter.Colwell@ncmail.net>
Organization: NC DENR - Mooresville Regional Office
To: John Dorney <john.dorney@ncmail.net>, "Todd St.John" <todd.stJohn@ncmail.net>
CC: "Leonard S. Rindner" <rindner@bell south.net>
Len has contacted me about several projects that can probably be issued.
Garrison; 01 0332 and/or 11 sed Plans are OK with me.
il?
Beazer Homes, US 21; 01 0925; Iredell, Len has sent in the specific
numbers for the road crossings.
Lowe's; 01 0774; Iredell; I'm OK with the info sent in by Dale Stewart
and I think Todd said he was.
Pete
Pete Colwell - Peter.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 1 8/6/013:50 PN
MRO Comments
Subject: MRO Comments
Date: Tue, 24 Jul 200108:33:55 -0400
From: Peter Colwell <Peter.Colwell@ncmail.net>
Organization: NC DENR - Mooresville Regional Office
To: John Dorney <john.dorney@ncmail.net>
CC: cyndi karoly <cyndi.karoly@ncmail.net>, Robert Ridings <rob.ridings@ncmail.net>
MRO comments for the following should be on filemaker.
Abbington, Rocky River AIP; 010948; Cabarrus
R. D. Harrell, Hermitage Place; 010988; Union
Also as an update to projects submitted last week.
Len R. has provided more impact specifics for Beazer Homes; 010925;
Iredell, and it can be issued with conditions listed in comments.
The City of Kannapolis is not going to apply WSWS buffers to the stream
impacted by the Joey Untz Apartments; 010926; Cabarrus. The impacts as
identified in the application are 140 linear feet so we may have to let
it go. I would like to force them to do some stormwater control since
it is"only a mile or so above their watersupply lake.
Bete ..._... _ ......?...,
.
And Cynd1, good look with the Baby!!
Take Care
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
1 of 1 7/25/019:56 AM
wflibl
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Beazer Homes : US 21 / Rhinehart Road Site
Project Number 01 0925
Recvd From APP
Received Date 6/19/01 Recvd By Region
Project Type residential subdivision
County Iredell
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream O Y @)N F-- 11-105 WSIV B CA 30,832. r- 150.00
39 ;Stream O Y. Q N :, F-F-F-77-73x0,832. I =,.285,00
F-F-O Y _0N F_ F-F_F_ I - F_
Mitigation Wetland
" MitigationType Type ' Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0'Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 353636 Longitude (ddmmss) 804948
Comments:
The applicant is proposing developn a 46 acre tract between US 21 and Reinhardt Road into a
single family residential subdivision. The tract consists of a mixed hardwood forest along the
drainages and predominately nine on the ridges. Most of the tract has been logged recently,
Crossing _the tract from north to south are three tributaries to Reeds Creek which enters Lake
Norman. Stream A as shown on the project later begins in a 0.18 acre headwater forest wetland and
can be described as a small perennial with a low flow at the time of the site visit. Stream B is a small
intermitent / perennial that also begins in a wetland area located gust north of the popey. Stream C
is the main headwater channel of Reeds Creek and is 3 to 4 feet wide with moderate flow. A
tributary to this channel bends eastward parallel to the northern proper line.
The applicant has proposed three stream crossings _(one crossing on each channel) for the main
road into the subdivsion. Each crsossing is projected to have less than 150 linear feet of stream
cc: Regional Office
Central Office Page Number 1
Facility Name Beazer Homes : US 21 / Rhinehart Road Site County lredell
Project Number 01 0925 Regional Contact: Pete Colwell
Date: 7/17/2001
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
o?OF W A T F9 pG Michael F, Easley
Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 20, 2001
Iredell County
DWQ Project No. 01-0925
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Alan Kerley
Beazer Homes, Inc.
5501 Executive Center Drive
Charlotte, NC, 28212
Dear Mr. Kerley:
On June 19, 2001, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification to impact streams in order to develop a subdivision at the US Hwy 21/Rhinehart Road site in Iredell County.
This project has been referred to Mr. Pete Colwell in our Mooresville Regional Office for site-specific review. Please note
that although we do not have fundamental objections to your project, we need the following information in order for us to
complete our review of your application. Specifically, please provide the following details:
• You have not precisely quantified the impacts to streams proposed for this work. Please list the linear feet of
stream impacts proposed at each of the three stream crossings, including any rip-rap or other structures which
would impact the streams.
Until the information requested in this letter is provided, 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)).
Thank you for your attention. If you have any questions, please contact Pete Colwell in our Mooresville Regional Office
at (704) 663-1699 or Cyndi Karoly in Raleigh at (919) 733-9721.
rely,
Dorney
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
File Copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
010925
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)
!1111170 47oa /.. L.......1 !fill 100 -no li....1 L.N... lll.'1.. - -.- __ - /......-I..-A- I
(31 0925
US Hwy 21/Rhinehart Road
Site - 46.40 Acres
Iredell County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared for:
Mr. Alan Kerley
Beazer Homes, Inc.
5501 Executive Center Drive
Charlotte, NC 28212
1-704-566-7000
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-(704) 846-0461
Date : 6/01
jp??
?1 IY?D
Office Use Only: Form Version April 2001
USAC'P Action IO No. DWQ No. 109 2 5
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. 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: 1-1
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: ?
H. Applicant Infonnation
1. Owner/Applicant I rMation.
Name: Cir Gr .? - /CG+7,:? ?-1? ??'1 ?°
Mailing Address: r -7 '01
Telephone Number: 7 u -7 c 00 Fax Number: '7 Ott S ? t, `7 c
E-mail Address:
2. 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: < ?,--
Company Affiliation: .<r ?e
Mailing Address: 3711 L-f c
MA 4k_1'eAJ1- .k/r_ 7,wo r
Telephone Number:
E-mail Address:
Page 3 of 12
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 USCS Topographic Quad Map and MRCS 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
USAGE requires information to be submitted on sheets no larger than 11 by I7-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 ofproject: ()S
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PK:
4. Location l /
County: LGtC ?l Nearest Town: Hd
Subdivision name (include phase/lot number): '%-4 1?? 146. ?.-• .?
Directions to site (include road. numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long):
(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.)
6. Describe the existing land usepr condition of the site at the #meyof this application:
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake):
9. River Basin: CSC IrJ?? f
(Note - this must be one of North Carolina's seventeen designated major river basins. The
Diver Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work; 61,%Ze- , I
11. List the type of equipment to be used to construct the
12. Describe the land use in the vicinity of this project: ire 40M 1 t / mac,(
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 USAC]E 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.
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
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.
Page 5 of 12
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, eta 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 hq://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, haver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
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?
leasespecify)
14 k C?'??s5? e? U1` -i 3` y-t zli-erlrni44
R V- U..r f 31.- 4
J
* 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 losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straighterung, 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tpRozone.com,
www.Mquest.co etc.). p tr?, --t Z' ? ? ? ? ?? P If- 3e-1
Cumulative impacts (linear distance in feet) to all streams on site:
Page 6 of 12
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 VJaterbody
(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: till, 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Page 7 of 12
Vffi.. 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/ncwetlands/strnlgide. 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 (acreageJlinear fleet)
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.
Page 8 of 12
2. 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/wrp/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 (DWQ 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 ?
3L Proposed Impacts on Riparian and Watershed Buffers (DWQ 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
(Neese), 15A NCAC 2B .0259 ('Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Page 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If 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.
X1. Stormmwater (DWQ 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.
1H. Sewage Disposal (DWQ 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.
FYI. Violations (DWQ 0*)
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 ?
Page 10 of 12
NIV, Other Circumstances (Optional):
It is the applicant`s responsibility to submit the application sufficiently in advance lof desired es?y
construction dates to allow processing time for these permits. However, an app
choose to list constraints associated with construction or sequencing that may impose limits on
draw-down schedules for lakes, dates associated with Endangered and
work schedules (e.g.,
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
&)//U/?/
Date
p 'Signature
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps of Enginee rs )Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell
kson
J Mitchell
Polk
US Army Corps of Engineers Avery
Buncombe Clay
Cleveland ac
Lincoln Rowan
151 Patton Avenue Burke Gaston Macon Rutherford
Room 248
Asheville, NC 28801-5406 Cabarrus Graham Madison
Dowell
M Stanley
Swain
Telephone: (828) 271-4854 Caldwell
Catawba Haywood
Henderson c
Mecklenburg Transylvania
Fax: (828) 271-4858
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
Stokes
US Army Corps Of Engineers Alleghany Edgecombe
nklin
F Lee
Nash Smz'y
6508 Falls of the Neuse Road Ashe
Caswell ra
Forsyth .
Northampton Vance
Suite 120
NC 27615
Raleigh Chatham Granville Orange Wake
Warren
,
Telephone: (919) 876-8441 Davidson Guilford
lifax
H Person
Randolph Wilkes
Fax: (919) 876-5283 Davie a
Washington Regulatory Field Office Beaufort Currituck LJones
enoir
US Army Corps Of Engineers Bertie
Camden Dare
Gates
Martin
Post Office Box 1000
NC 27889-1000
Washington Carteret* Green Pamlico
,
Telephone: (252) 975-1616 Chowan
C Hertford
Hyde Pasquotank
Perquimans
Fax: (252) 975-1399 raven
Wilmington Regulatory Field Office Anson Duplin Onslow
Pender
US Army Corps Of Engineers Bladen
Brunswick Harnett
Hoke Richmond
Post Office Box 1890
NC 28402-1890
Wilmington Carteret Montgomery Robeson
,
Telephone: (910) 251-4511 Columbus
Cumberland Moore
New Hanover Sampson
Scotland
Fax: (910) 251-4025
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
June 10, 2001
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: US Hwv 21/Rhinehart Road Site - +46.40 Acre, Iredell County - NW #14, 09
Dear Sirs:
On behalf of my client, Beazer Homes, I am requesting authorization to use Nationwide Permits 14, 39,
implement road crossing over perennial and intermittent streams. Impervious area on the site is less than
24%. All crossings will be designed to be less than 1501f of stream impact including any required rip-rap
aprons. The remaining stream and wetlands on the site will be preserved within common open space.
Buffers will be retained along the remaining streams to the extent feasible. The buffers will be a minimum
35' from top of bank. There will be a minimum 15' undisturbed zone along the stream banks. If removal
of vegetation or grading is required in the remaining 20', the buffer areas will be replanted to re-establish
a forested buffer. Storm water will spread over the buffers and floodplain to further filter runoff. There
will be no direct tail ditching of storm drainage to the creeks. Project construction will strictly adhere to
an approved Sedimentation and Erosion Control Plan.
General Wetland Classification and Description
The site is within drainage areas of unnamed tributaries of Reeds Creek and Lake Norman in the
Catawba Basins (Water Classification - WS M. The riparian areas on this site can be described as
Palustrine Forested Broad Leaved and Scrub-Shrub Temporarily Flooded. The majority of the site is a
moderately to steeply sloping former agricultural land and woodland. Trees include oak, sweetgum, tulip-
poplar, red maple, willow oak, black willow, and American elm. Understory and herbaceous strata
includes smilax, sedges, soft rush, poison ivy, etc. The site includes Mixed Alluvial soils. These soils are
map units, which may have inclusions of hydric soils according to the Natural Resource Conservation
Service, Technical Guide-Section II-A-2, June 1991.
SUMMARY OF WATERS OF THE U. S.
Methodology
Preliminary identification of the Jurisdictional Waters on the site were determined according to the
US Hwy 21/Rhinehart, Page 3
June 10, 2001
Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual.
SUMMARY,OFJURISDICTIONAL WATERS OF U.S
Surface Waters Perennial (± 1,80010
Wetlands
+ 0.20 ac.
± 0.18 ac.
Approximate Total - Waters of the U.S. + 0.38 ac.
SUMMARY OF IMPACTS
Surface Waters Important - Int. / Perennial (NWP #14 less than 1501f) + 0.02 ac.
Stream is approximately 6-8 if wide/USACE)
Important - Int. / Perennial (NWP #39 less than 285 If) + 0.04 ac.
Total Impacts - Waters of the U.S. + 0.06 ac.
WETLANDS PERMITTING AND MITIGATION
Avoidance, Minimization, and Mitiention
The following avoidance and minimization efforts and measures will also be taken:
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These
will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees to be preserved
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short-term impacts will be inspected regularly and maintained during
construction of the project.
fj Wetlands/streams to be preserved will be clearly marked prior to construction to prevent
accidental damage. The contractors will be held responsible for unauthorized wetland and stream
damage not permitted according to plans and specifications.
g) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
US Hwy 2 1 /Rhinehart, Page 4
June 10, 2001
and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.
h) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
Proposed Compensatory Mitigation
The remaining stream and wetlands on the site will be preserved within common open space. Buffers will
be retained along the remaining streams to the extent feasible. The buffers will be a minimum 35' from
top of bank. There will be a minimum 15' undisturbed zone along the stream banks. If removal of
vegetation or grading is required in the remaining 20', the buffer areas will be replanted to re-establish a
forested buffer. Storm water will spread over the buffers and floodplain to further filter runoff. There will
be no direct tail-ditching of storm drainage to the creeks. Native species will be selected based on on-site
soil, topographic, and hydrological conditions.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved wetlands and streams will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose by deed restriction or similar mechanisms as required.
State Protected Species
The Carolina Darter (Etheostoma Collis) is a fish that inhabits small streams such as those found in the
project area and may occur in Culvert Branch. This species has a federal status of Proposed Special
Concern and a state status of Special Concern. The species prefers small clear streams of less than 15'
width with moderate to swift current and a sand/gravel benthic composition. It apparently tolerates a wide
range of water quality conditions and vegetation types adjacent to the streams and appears resistant to
pollution. Therefore, strict adherence to an approved erosion and sedimentation control plan will be
maintained during the construction period in order to control degradation of water quality.
CULTURAL RESOURCES
The project site is disturbed from previous agricultural activities. No structures were found on the site.
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine
if sites are indicated on the National Historic Register within the study area.
AQUATIC HABITAT
The aquatic systems in the project area consist of tributaries of the Catawba River Basin. A variety of
wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control
plan will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved.
US Hwy 21/Rhinehad, Page 5
June 10, 2001
CONCLUSION
Impacts to streams are limited to three required road crossings. The remaining streams on the site will
remain undisturbed. The developer will protect the remaining wetlands and streams by buffers and will
adhere to an approved sedimentation and erosion control plan minimizing degradation of waters of the
U.S. downstream of the project.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Alan Kerley
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LEONARD S. RINDNE_ R PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
August 3, 2001
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Mr. John Dorney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Ms. Cyndi Karoly 'U 1 S J `-??I
Division of Water Quality - NCDENR '1 I
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Re: US Hwy 21/Rhinehart Road Site - +46.40 Acre, Iredell County - NWP #14, #39 DWO
01-0925
Dear Sirs:
It appears that based on the certified letter that we received last week, that you may not have had
the opportunity to review the additional information submitted on July 15, 2001 before the letter
was written. Based on a review with the owner and the engineer, the proposed road crossings for
each road crossing will not exceed 150 linear feet. The three road crossings as depicted on the map
are approximately 120 linear feet, 145 linear feet, and 145 linear feet.
They are also aware that if the impacts to individual streams should exceed 150 if (including rip-
rap) that a new application will be necessary and if approved, mitigation will be required. The
developer is proposing to clearly mark construction limits in the field and where necessary
construct retaining headwalls to minimize impacts.
Please contaS4 me if you have any questions or require additional explanation. Thank you for your
and S. Rindner, PWS
nvironmental Planning Consultant
cc: Mr. Alan Kerley
Dan Brewer
0?O? INATF9 pG Michael F,Easley
Governor
, William G. Ross, Jr., Secretary
> .? Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 20, 2001
Iredell County
DWQ Project No. 01-0925
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Alan Kerley
Beazer Homes, Inc.
5501 Executive Center Drive
Charlotte, NC, 28212
Dear Mr. Kerley:
On June 19, 2001, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification to impact streams in order to develop a subdivision at the US Hwy 21/Rhinehart Road site in Iredell County.
This project has been referred to Mr. Pete Colwell in our Mooresville Regional Office for site-specific review. Please note
that although we do not have fundamental objections to your project, we need the following information in order for us to
complete our review of your application. Specifically, please provide the following details:
• You have not precisely quantified the impacts to streams proposed for this work. Please list the linear feet of
stream impacts proposed at each of the three stream crossings, including any rip-rap or other structures which
would impact the streams.
Until the information requested in this letter is provided, 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)).
Thank you for your attention. If you have any questions, please contact Pete Colwell in our Mooresville Regional Office
at (704) 663-1699 or Cyndi Karoly in Raleigh at (919) 733-9721.
incerely,
ER)Af
hn Dorney
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
File Copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
010925
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)
LEONARD S RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
July 15, 2001
Mr. Pete Colwell - NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Mr. John R. Domey - Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Steve Chapin - US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Re: U5 S Hwy 21/Rhinehart Road Site - +46,40 Acre, Iredeli County - NWP #14, #39
Dear Sirs:
On behalf of my client, Beazer Homes, I am responding to your comments regarding the project. Your
comments were in relation to more accurate stream crossing designs, protection of remaining streams and
wetlands, buffers, impervious surface area, and storm water management, and whether a connector road
on an adjacent property exists.
Attached are enlargements of the proposed road crossings, indicating that each road crossing is below 150
linear feet. The road crossing located off site near the northeast corner of the property is existing.
Construction limits will be clearly staked to prevent additional impacts. Also, I have attached an
impervious surface area breakdown for your review. The project is in a WS-TV watershed and the
impervious surface area for the project is 23.9%. The application indicates that remaining stream and
wetlands on the site will be preserved within common open space. Buffers will be retained along the
remaining streams to the extent feasible. The buffers will be a minimum 35' from top of bank. There will
be a minimum 15' undisturbed zone along the stream banks. If removal of vegetation or grading is
required in the remaining 20', the buffer areas will be replanted to re-establish a forested buffer. Storm
water will spread over the buffers and floodplain to further filter runoff. There will be no direct tail
ditching of storm drainage to the creeks. Project construction will strictly adhere to an approved
Sedimentation and Erosion Control Plan.
Please contact,0 if you have any questions or require additional explanation. Thank you for your
40d S. Rindner, PWS
vironmental Planning Consultant
cc: Mr. Alan Kerley
Dan Brewer
PATTERSON, BREWER & ASSOCIATES, P.A.
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