HomeMy WebLinkAbout20011164 Ver 1_COMPLETE FILE_20010730MRO Projects
Subject: MRO Projects
Date: Mon, 06 Aug 200115:49:44 -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" <Rndner@bellsouth.net>
Len
ects
issued.
Garrison; 01 0332 and/or 1164; Meck;.Revised Plans are OK with me.
s; US-Z"P--0?0?3 Ired??Len as sent in a 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$ f0 O? +'1C? ?s
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115 f
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 F
a
Garrison
Meckienbnarg County
North Carolina
011164
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAI'` REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDEPERMTS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared for:
LandCraft Properties, Inc.
201 N. Tryon Street
Suite 2650
Charlotte, NC 28202
1-704-332-9340
INSITE Engineering
201 N. Tryon Street
Suite 2670
Charlotte, NC 28202
1-704373-0113
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-(704) 846-0461
Date : 3/01/Revised and Submitted 6/2/01
and 7/24/01
i
?N? Muj
R?CENO
Office Use Only: 0 1 1 1 6 4 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L Processing
1. Cheek all of the approval(s) requested for this project:
Section 404 Permit
? Section 1 o Permit
0401 Water Quality Certification
? Riparian or Watershed Duffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 4 III J. I 2?7
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 Information
1. Owner/Applicant Information / ,,
Name: ?dc.-
Mailing Address: 7,01 0.: :"DrIN !SAIL
Telephone Number: 7f3f -33 2. 3 Fax Number:
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 fcc,the ow er/applican .)
Name: T?`? ex a -1P,4 aim
Company Affiliation: S i !n Zo •
Mailing Address: ?
Telephone Number: 3-73 (011 ?2 Fax Number: 57`3
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 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
USAGE requires information to be submitted on sheets no larger than 11 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: &- ,r-o S
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location t
Ke,
ounty: ??..- F? 6 Nearest Town:
C
Subdivision name (include phase lot number): C7 ale-1 COY'
D' ections to ite (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 use or condit'on of the site at,het' e of this applicatipn:
f ? r? at ??? j? ? ? f?? w-, r o ? ? ?.?? G tr-lac ?r- -- - -. ? ? _ -
7. Property size (acres):-
S. Nearest body of water (stream/river/sound/ocean/lake), 41ntl
9. RiverBasin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/m"s/.)
Page 4 of 12
10.
work: Dcue-fL-?
r .,
11. List the type of equipment to be used to construct the project:
12. a ribelIthe land use in the vicinity of this project: J ?i
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
6
f
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 identity temporary impacts, impacts mcuwe, out are not imuiea to; mccumuzeu ummi r, griaujI , ,?..,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodpiain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htty://www.fem&gov.
*** 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:
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?
lease specify)
P'f ?n a ± / 3 f
zn
H rj!?,a4
4- , a--
L
7,0- 1,41- 2, L 3.1 1 141-1?
CC ?
`P
* List each impact separately and identity temporary impacts- [impacts mcltiae, Dui are UM tumicU W- cuivcrw rniu abbVWaKcu 1111-?ay,
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/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.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.umquest.com, etc.).
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 Waterbod
y
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
ba 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 app tion.
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. 1/'vestock waatering irrigation, aesthe ic, trout pond,
Size of watershed draining to pond: !V • :T ?- Expected pond surface area: S'F
/6-f -7 A-e-- /l) sr
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
VIH. 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/strmgide.html.
1. 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.
Page 8 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*
s carpe
( fed
Multiplier
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 I SA NCAC 2B .0242 or .0260.
XI. Stormwater (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
XH.
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.
C '///?7
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
Page 10 of 12
Sewage Disposal (DWQ Only)
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).
7/?f/ot
licant/Agenfs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of ]Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarr s Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union.
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 1 I of 12
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
July 24, 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: Garrison - + 35 Acre. Mecklenburg County - NWP #14, #39, #43
Dear Sirs:
On behalf of my client, Landcraft Properties, I am requesting authorization to use Nationwide Permits 14,
39, and 43, to relocate a small pond, implement road crossing over intermittent streams, and develop
stormwater treatment ponds. A storm water treatment facility will be developed to treat runoff from the
development and as an amenity. Stony Creek is protected by 100 foot Mecklenburg County S.W.I.M.
buffers. The new ponds are also proposed to mitigate for the removal of the existing ponds. As required,
the water quality facilities will include a wetland marsh zone to enhance the proposed aquatic resource.
Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
General Wetland Classification and Description
The riparian areas on this site can be described as Palustrine Forested Broad Leaved and Scrub-Shrub
Temporarily Flooded. The majority of the site is a moderately sloping former agricultural land and
woodland. Trees include sweetgum, tulip-poplar, red maple, willow oak, black willow, and American
elm. Understory and herbaceous strata includes smilax, sedges, soft rush, poison ivy, etc. The site
includes Monacan soils. These soils are map units, which may have inclusions of hydric soils according to
the Natural Resource Conservation Service, Technical Guide-Section II-A-2, June 1991.
SUM" Y OF WATERS OF THE U.S
Methodology
Preliminary identification of the Jurisdictional Waters on the site were determined according to the Corps
of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices. Preliminary
data gathering included review and interpretation of topographic maps; USDA Soil Conservation Survey;
Garrison, Page 3
July 24, 2001
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 OF JURISDICTIONAL WATERS OF U.S.
Surface Waters Stony Creek - Perennial ( ± 1,80011) + 0.50 ac.
Intermittent - (+ 1,40011) + 0.12 ac.
Pond w/wetland fringe
+ 0.45 ac.
Approximate Total - Waters. of the U.S. + 0.97 ac.
SUMMARY OFIMPACTS
Surface Waters Important - Int. / Perennial + 0.00 ac.
Unimp. Stream `1251f - NWP #14) + 0.005 ac.
Unimp. Stream (+ 520 If - NWP #43 - flooding and grading
for stormwater pond development) + 0.02 ac.
Unimp. Stream (+ 2901f - NWP #39) + 0.015 ac.
Pond w/wetland fringe (Mitigation is proposed) + 0.45 ac.
Total Impacts - Waters of the U.S. ± 0.49 ac.
WETLANDS PERMITTING AND MITIGATION
Avoidance. Minimization, and Mitigation
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
Garrison, Page 4
July 24, 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 Compensates Mitigation - Stormwater Management Plan
A Stormwater.Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements. Stormwater management becomes necessary when increasing the
impervious area within an existing natural area. The planners will utilize information and guidelines
provided by the North Carolina Department of Environment, Health, and Natural Resources Water
Quality Section in developing this storm water facility. A wet detention basins shall be the primary
treatment system for storm water runoff. Water will be released over a 2 to 5 day period to the wetland
mitigation areas to increase filtration. Discharge velocity of the outclass will be less than five cfs.
To compensate for the loss of the wetland, a wetland zone will be developed in conjunction with the
wet detention pond. A littoral zone/forebay will be incorporated into the design of the wet pond to
encourage additional nutrient removal. The planners will utilize information and guidelines provided by
the North Carolina Department of Environment, Health, and Natural Resources in developing the design
of wet detention basins using the Table 1.1 in the Stormwater Best Management Practices, NCDENR,
November, 1995.
Planting of the my, Mposed wetland areas (as anylicable) will be selected from the following list.
Scrub/Shrub
Alnus serrulata Betula nigra Cephalanthus occidentalis
Corpus amomum Ilex decidua Lindera benzoin
Salix nigra Viburnum species Others as approved
Herbaceous
Zone 1- Wetland areas in temnor_arily saturated soils or subiect to occasional and brief inundation
Agrostis alba (Red Top) Polygonum spp.(Smartweed) Carex species (Sedge)
Juncus effusus (Soft Rush) Eleocharis spp.(Spikerush) Leersia sp. (Rice cutgrass)
ponding
Zone 2 - Wetland awas prone to persistent flooding or,
Moist to I Foot of Water
Three Square Bulrush
Sedge species
Shallow hater plants
Sweet Flag
Pickerel Weed
Creeping Spike Rush Soft Rush
Lizard Tail Others
Arrow-Arum Duck Potato
Others
Garrison, Page 5
July 24, 2001
Planting shall be in naturalistic / random clumps to encourage diversity. Specific plant species, quantities,
and size, which will be utilized for the mitigation sites will be dependent on availability, cost, time of year
in which planting occurs. Existing wetlands and surface waters and buffer areas will be protected from
erosion and sedimentation during construction and installation of the mitigation sites. Control structures
such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary.
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. Development of these areas will be deed restricted in
accordance with restrictive covenants, which will be developed for approval by the USACE and/or
NCDWQ.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower
(Helianthus schweinitzii) and the Carolina heelsplitter (Mecklenburg County). Schweinitz's sunflower
thrives in full sun characteristic of succession fields, margins, and forested openings. Based on a site
reconnaissance, habitat conducive to support the Schweinitz's sunflower is not present in the project area.
The Carolina heelsplitter is a freshwater mussel, which prefers shaded areas either, in a ponded portion of
a small stream or in runs along steep banks with moderate current. Primary habitat is waters less than
three feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to
protected silted areas or under banks especially associated with obstructions such as stumps or fallen trees.
Its current distribution according to the US Fish and Wildlife Service is limited to portions of two streams
-- Goose Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County.
Therefore it is not expected to occur on this site.
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 in Yadkin 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.
Garrison, Page 6
July 24, 2001
CONCLUSION
This project will provide important economic benefits to the region. Based on the value of the
jurisdictional waters and wetlands on this site, the developer has chosen to balance the site's economic
viability with its environmental value and permitability. The goal of the Stormwater Treatment and
Mitigation Plan is to help balance the environmental consequences of this development by creating a
beneficial aquatic resource that will help maintain or minimize degradation of waters of the U.S.
downstream of the project and replace the functions of the small pond and wetland areas that must be
impacted by the development. The mitigation sites will be preserved by the applicant or by a group
designated by the owner for this purpose.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Tony Gaffey
LOCATION MAP
39
39
USGS MAR-DERITA
\S \ LOT SS i -
tOi SR ?'?fy,
INTERMITTENT STREAM
<.
STONY CREEK
SVlC?L
BCIFEI:RR 1'[
I ..
C-••5kh
?
4 ? 4
'f '
,? !
•- s-
... ? \` _
1tti,
iii\ \46fy111' ..
1 \
,L? 1 i 1. '•'y'?? ' if i I a?'? c? ? ??\ ..•.``'?., :5' `; ` -•,,,?? :1??'., '._. -...\ ` ~\\y ?--... ..
? \ ! _-._ -- / / ;4?,?1.'_. i ` +? . `+G -' iT'y 1 ., \y?" L ? ?._•? . ?m?m> c.F',
?,: w?:'?5\: yt ?"? ^ /? lt/ it ? _ _??'• ??'- ,<,\\ ,.. y ~-T f ?.. _ ` .?\\Y',' '\\ \\ '\C
t\"` i •r/'! i `tom--_-.--?'?=.^.^ \\\\}y '?' t \ -_ `- ?•• e`?`_` \
: "V ts? •. +v ``\ t iii.. 'S 4 't ? \` \ <`•5 l
? :. s?.tl`c •:i ;r/!rr ?!'li/?'- ---? ''C?, `' Stiy. \\`'\<. ?\,, \? a,. _ .-,..?\'\\ .\ ?\i •i. :\."
l J a /','/ ! y ffr J, ?-".-'"1 k ,ys `•?Sr''..r \ _` \ ? i \\ ? ? `' , 4 t 5\ ? ,i x '^'. .
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Whael F. Easley
7? Governor
> y Sham EvanaStanton. Acting Secretary
DWsrtment Of Environment and Natural Resources
Kerr T. Stevens u
Division of Water CLtafny
April 11, 2001 Pat
Mecklenburg County
DWO Project; 010332
APPROVAL of 401 Water Quality Certification and AD0I710NAL CON01TIONS
Landcraft Properties, Inc.
201 North Tryon Street
Charlotte, NC 28202
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill material in 0.50 acres of wetlands and 500 linear feet of streams for the
purpose of constructing the Garrison subdivision at Garrison Road as described In your
application dated March 8, 2001. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Numbers 3289 and 3267. These
certifications allow you to use Nationwide Permit Numbers 14, 39 and 43 when the Corps of
Engineers issues them, in addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Nan-Discharge and Water Supply Water shed regulations.
This approval will expire when the accompanying 404 or CAM A permit expires unless
otherwise specified In the General Certification.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and you
may be required to send us a new application. If the property is sold, the new owner must be
given a copy Of this Certification and approval letter and 19 thereby responsible for complying
with all conditions. if total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and streams to notify the state in order to assure compliance for future wetland
and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwater management plan shall be
approved by this Office before the impacts specified in this Certification occur. The
stormwater management plan as outlined in your March 8, 2001 submittal must include
plans, and specifications for stormwater management facilities designed to remove 85%
TSS according to the most recent version of the NC DENR Storrnwater 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.
Division of water Quality 1621 W! Service Center Raleigh, NC 27599-1621
Weft WW401 Unk: (919) 733.1786
FOW. (919) 733.9959
w• i n.m Anna i Mm
.o?of wA "r44QG
>
a
Michael F. Easley
Governor
Sherri Evans-Stanton, Achng Secretary
Department of Environment and Natural Rmouress
Ken T. Stevens
Division of water Quality
3. Applicant is cautioned that semimetal and erosion control measures must be:'designed,
instailsd and maintained properly according to the NC Division o Land Resources or it's
delegated program.
4. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form° to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401 /Wetlands Unit of 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 1508 of the North
Carolina General Statutes to the Office of Administrative Hearings, P.Q. Box 27447,
Raleigh, N.C. 27611-7447. This certification and Its conditions are finial and binding unless
you ask for a hearing,
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
9846.
Attachment
cc: Carps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Todd St. John
Len Rindner
AM
NXIM
Division of water Quality 1621 Mail Service Center Rateigh, NO 2789$.1821
wetlands/401 Unk: (819) 733.1786
Fax: (818) 733.99$9
Z_n*ri 61:91 LnnZ L 42N
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130613;200130791;200130792 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: LandCraft Properties, Inc., Att'n: Mr. Tony Gaffey
Address: 201 N. Tryon St., Suite 2650
Charlotte, NC 28202
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Garrison Residential Development located on approx. 35 acre tract off Garrison Rd.
northwest of the intersection of I-85 and Galloway Rd. in N. Charlotte.
Description of Activity:
(1) NWP 14 (200130613) - Construct a minor road crossing on 2 separate unnamed tribs to
Stony Creek. Crossings will impact a total of 250 LF of stream channel determined to have
"unimportant" aquatic function; (2) WT 39 (200130791) - Drain and fill over a < 0.5 acre
pond. The open water lost will be recreated in the form of 2 stormwater ponds on the lower
end of the property; (3) NWP 43 (200130792) - Construct 2 stormwater ponds on 2 separate
unnamed tribs to Stony Creek to serve the above referenced development. The ponds will be
constructed on channels that have "unimportant" aquatic function.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14,39,43 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone (919)733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date April 25, 2001
Corps Regulatory Official Steve Chapin Telephone No._ (828) 271-4014
Expiration Date of Verification April 25, 2003
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
LEONARD S. RINDNE% PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: (704) 846-0461
.Fax (704) 8447-0185
April 29, 2001
Nis. Renee Gledhill-Earley
State Historic Preservation Office
North Carolina Department of Cultural Resources
109 East Jones Street
Raleigh, NC 27601-2807
Re: Garrison Subd"ion, Charlotte, Mecklenburg County, ER 01-9055
Dear Ms. Gledhill-Earley:
On behalf of LandCraii Properties, Inc., I am forwarding additional information regarding
the proposed project site for your review. The existing site is in secondary succession from
agricultural and timber. The existing structures on the site include an abandoned
contemporary house, garage, and shed. The site is surrounded by subdivisions in various
degrees of development and by 1-85, and is crossed by a large maintained power line right-
of-way. A very large Charlotte Mecklenburg Utility sanitary sewer trunk line parallels
Stony Creek. The remaining woodland pockets appear to vegetation consistent with
regeneration from agricultural activities.
Eased on this additional information, we would appreciate your reconsideration of the
need for additional information.
Please contact me if you have any questions or need additional information.
Thank you.
re ,
d S. Rindner, FUNS
Environmental Planning Consultant
cc: Tony Gaffey - INSITE Engineering
aaR?'?Q
«?nwr.a7'
North Carolina Department of Cultural Resources
State 1istoric Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor Division of Archives and History
Lisbeth C. Evans, Secretary Jefrrey J. Crow, Director
April 19, 2001
Mr. Leonard S. Rindner, PWS
Environmental Planning Consultant
3741 Spokeshave Lane
Matthews, NC 28105
Garrison SubdivisloA Projes?t, Charlotte, Mecklenburg Coun.
- - - ._ . _ . ty,._ER_01-9085
Dear Mr. Rindner:
We have received the application for the subject project. Thank you for plotting the project area on the
USGS map section, which is identified as Derita. The project is actually on the Harrisburg quadrangle.
Illustrating the project on the quadrangle facilitated our review.
The project includes a substantial amount of floodplain and two confluence areas. We would recommend
deep shovel testing in these areas.
We recommend that a comprehensive survey be conducted by an archaeologist to identify the presence
and significance of archaeological remains that may be damaged or destroyed by the proposed project.
Potential effects on unknown resources should be assessed prior to the initiation of construction activities.
A list of archaeological consultants who have conducted or expressed, an interest in conducting contract
work in North Carolina is available on our website, htW: / /www arch dcr state nc us /consults htrm The
archaeologists listed, or any other archaeologist, may be contacted to conduct the investigation.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
_.rhank you for your cboperi66n afid -cons0 rati6zi lr you iv'e quesrioris Gonceixiing?die a$cive co tne?tt; - _ _ _
contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763.
S" cerely,
David Brook
Deputy State Historic Preservation Officer
DB:kgc
Location Mailing Address Telephone/Pax
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 (919) 733-4763 *733-8653
/Restoration 515 N. Blount St, Raleigh, NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733-6547.715-4801
`t.. .w R, DBunninn 514 w ninnnt Ct Rawai, wr AAiR Mail Cr wire rmtrr Ralwiah 77KQ9..461R (4141713 4761 *715-48411
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Return to .Full. Map Extent How to Use the System Return to GIS Hoznepag-e
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Garrison
Mecklenburg 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:
LandCraft Properties, Inc.
201 N. Tryon Street
Suite 2650
Charlotte, NC 28202
1-704-332-9340
INSITE Engineering
201 N. Tryon Street
Suite 2670
Charlotte, NC 28202
1-704-373-0113
Prepared By:
Leonard S. IBindner, PA'S
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-(704) 846-0461
Date : 3/01
DEM SD: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3). COORDINATION WITH TEE NO DIVISION OF COASTAL, MANAGr.2MENT
SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APPROPRIATE
F-r+LD.OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SF=-ZT) . SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET) . PLEASE PRINT.
1. OWNERS NAME :
17 1IMILING ADDRESS
CITY : C? t?STATE:
crop ,
>/
c
?SUBDIVISION NAME:
ZIP CODE.
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM?
MAILING ADDRESS ABOVE)
3. TELEPHONE NUMBER (HOME): (WORK) ?7;?
OAJ.
C.0 6 13 001 f
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
M D. OR AERI_. PHO O RA PHY WITH SCALE) : ' 00111 ?
&
CCUNiX : , NEAREST TOWN OR CITY: _ I
__
1
4. ZF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER.:
SPECIFIC LOCATION (INCLUDE ROAD
6. IMPACTED OR NEAREST STRE.3.M/RIVER: I F W.- ? 4y, .1 1 RIVER BASIN:
Yadk4m• .
7a. IS PROJECT LOCATED NEAR WATER CLASST_FIED AS TROUT, TIDAL SALTWATER
(5 ) , HIGH QU-CITY WATERS (HQW), OUTST?13D-'TG RESOURCE, WATERS (ORW), WATER
SuPPLV (WS--I OR WS-II)? YES j ] NO L,?IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
YLVAGEMENT ARE _ OF EiNTV_RON??ENTAL CONCERN AEC) ? YES [ ] NO [ ]
7c. :IF THE PROJECT IS LOCATED WITHIN P COASTAL COUNTY (SEE. PAGE 7 FOR
LIST OF COASTAL COUNTIES) , WHIAT- IS THE. L AND USE PLAN (LUP) DES7 N _ ON?
Sa. HAVE ANY SECTION 404 PERMITS U EN PREVIOUSLY REQUESTED FOR USE ON
TH_S PROPERTY? YES [ ] NO [ IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFOR-ATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
NUMBERS, LANDMARKS, ETC.) :
10a. NUMBER OF ACRES OF wrT A,N S MPACT D BY4 THE PROPOSED PROJECT BY:
. 0? tac?t.i PW . w Nee- "
E
FILLING: ATI N:
I?Q?_?
r 02, atev; 14w it q?
FLOODING: OTHER:
DRAINAGE : TOTAL ACRES TO BE IMPACTED : •• ?' dg g rz4
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
:
B' ,;ORE AND AFTER RELOCATION)
RELOCATED, PROVIDE DI TANCE?BOOTTH
?
LENGTH BEFORE: 42s '.t- kT AFTER: A FT
??'??J FT
WIDTH BEFORE (based on normal high water contours): 7
WIDTH AFTER: - FT
AVERAGE DEPTH BEFORE : ? qtr (p FT AFTER : FT
(2) STREAKS CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT AMP LY)
V / -r 215
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: -
t '
CHANNEL EXCAVATION: CONSTRUCTION OF A DA?ML/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WH4? I E S ZE OF THE
11 TH 4
o
t
a1
-
0e
WATERS_ xED DRAINING TO THE PON ?
Or,- 1t. C.1. 444- M4? - qzj
WHAT IS?IT/H?sE? EXPECTED POpN?,?D SIP RQFACE AREA?
p
{[?`tr q ,p /
L, • '? o9or? {/? d 8 lte./ le'7?
e,4
.1
i
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
/1),TT V
13. PURPOSE OF PROPOSED WORK:
< 4w, ag ? C.
3
LIB" ???.?
Ste':""YfU-RRE I QUIRED 70 CONTACT THE U.Sl FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES. OR CRITICAL HP-31TAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVI?TT_ON OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HIS---OF--,C
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17, DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [) NO ( NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [) NO [)
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE. DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REG_ARDIINZG
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BF-:-'
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIG=H,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-636.9.
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) :
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED-WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE. PROPERTY
MIIST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVr_ILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA.
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
. WHAT IS LAND USE OF SURROUNDING PROPERTY?
e
co
IF A?PLICP?LL, WHAT IS PROPOSE?? METHOD OF SEWAGE DISPOSAL?
r • .0 I It - / /. A
g. SIGNED AND DATED P_GENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN T_1 TWENTY COASTAL COUNT-S ONLY) , A LETTER FROM WHE
NORTH CAROLINA, DIVISION OF COASTAL. KZUIlAGEMENT STATING THE PROL=OSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
=OR'S/AGENT'S S GNAT RE AT
4gt
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.) )
5
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3.714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
March 3, 2001
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr: Jahn R Dorsey
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. Garrison - + 35 Acre. Mecklenbure County - NWP #14. #39. #43
Dear Sirs: .
On behalf of my client, Landcraft Properties, I am requesting authorization to use Nationwide Permits 14,
39, and 43, to relocate a small pond, implement road crossing over intermittent streams, and develop
stormwater treatment ponds. A storm water treatment facility will be developed to treat runoff from the
development and as an amenity. Stony Creek is protected by 100 foot Mecklenburg County S.W.I.M.
buffers. The new ponds are also proposed to mitigate for the removal of the existing ponds. As required,
the water quality ponds will include a wetland liitoral zone to enhance the proposed aquatic resource.
Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
General Wetland Classification and Description
The riparian areas on this site can be described as Palustrine Forested Broad Leaved and Scmb-Shrub
Temporarily Flooded. The majority of the site is a moderately sloping former agricultural land and
woodland. Trees include sweetgum, tulip poplar, red maple, willow oak, black willow, and American
elm. Understory and herbaceous strata includes smilax, sedges, soft rush, poison ivy, etc. The site
includes Monacan soils. These-soils are map units, which may have inclusions of hydric soils according to
the Natural Resource Conservation Service, Technical Guide-Section II-A-2, June 1991.
SEMWARY OF WATERS OF THE U.S.
Methodolow
Preliminary identification of the Jurisdictional Waters on the site were determined according to the Corps
of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices. Preliminary
data gathering included review and interpretation of topographic maps; USDA. Soil Conservation Survey;
Garrison, Page 3
March 3, 2001
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 OF.IURISDICTIONAL WATERS OF U. S.
Surface Waters Stony Creek - Perennial ( ± 1,800 If)
Intermittent - (+ 1,4001#)
'Pond w/wetland fringe
Approximate Total - Waters of the U.S.
SUMMARY OF IMPACTS
Surface Waters Important Int. / Perennial
Unimp. Stream (+ 250 If - NWP #14)
Unimp. Stream (+ 250 If - NWP #43 - flooding
-for stormwater pond development)
± 0.50 ac.
± 0.12 ac.
± 0.45 ac-
+ 0.97 ac.
± 0.00 ac.
+ 0.02 ac-
+ 0.02 ac.
Pond w/wetland fringe A itigation is proposed + 0.45 ac.
Total Impacts - Waters of the U.S. + 0.49 ac.
WETLANDS PERMITTING AND MITIGATION
Avoidance, Minimization, and Mitigation
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.
f) 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 anti 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
Garrison, Page 4
March 3, 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 - Stormwater Management Plan
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements. Stormwater management becomes necessary when increasing the
impervious area within an existing natural area. The planners will utilize information and guidelines
provided by the North Carolina .Department of Environment, Health, and Natural Resources Water
Quality Section in developing this storm water facility. A wet detention basins shall be the primary
treatment system for storm water runoff. Water will be released over a 2 to 5 day period to the wetland
mitigation areas to increase filtration. Discharge velocity of the outclass will be less than five cfs.
To compensate for the loss of the wetland, a wetland zone will be developed in conjunction with the
wet detention pond. A littoral zonelforebay will be incorporated into the design of the wet pond to
encourage additional nutrient removal. The planners will utilize information and guidelines provided by
the North Carolina Department of Environment, Health, and Natural Resources in developing the design
of wet detention basins using the Table 1.1 in the Stormwater Best Management Practices NCDENR,
November. 1995.
Planting of the proposed wetland areas gas applicable) will be selected from the following last- .
Scrub/Shrub
Alnus serrulata Betula nigra Cephalanthus occidentalis
Corpus amomum Ilea decidua Lindera benzoin
Saiix nigra Viburnum species Others as approved
Herbaceous
Zone 1 -Wetland areas in temporarily saturated soils or subject to occasional and brief inundation
Agrostis alba (Red Top) Polygonum spp.(Smartweed) Carex species (Sedge)
Juncus efl'usus (Soft Rush) Eleocharis spp.(Spikerush) Leersia sp. (Rice cutgrass)
Zone 2 - Wetland areas prone to Persistent flooding or pondin
Moist to I Foot of Water
Three Square Bulrush
Sedge species
Shallow Water Plants
Sweet Flag
Pickerel Weed
Creeping Spike Rush Soft Rush
Lizard Tail Others
Arrow-Arum Duck Potato
Others
Garrison, Page 5
March 3, 2001
Planting shall be in naturalistic / random clumps to encourage diversity. Specific plant species, quantities,
and size, which will be utilized for the mitigation. sites will be dependent on availability, cost, time of year
in which planting occurs. Existing wetlands and surface waters and buffer areas will be protected from
erosion and sedimentation during construction and installation of the mitigation sites. Control structures
such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary.
PR O T E C T IO N FR OM F UT UR E D E VEL O PMENT
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. Development of these areas will be deed restricted in
accordance with restrictive covenants, which will be developed for approval by the USACE and/or
NCDWQ.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower
(Helianthus schweinitm) and the Carolina heelsplitter (Mecklenburg County). Schweinitz's sunflower
thrives in full sun characteristic of succession. fields, margins, and forested openings. Based on a site
reconnaissance, habitat conducive to support the Schweinitz's sunflower is not present in the nroiect area.
The Carolina heelsplitter is a freshwater mussel, which prefers shaded areas either, in a ponded portion of
a small stream or in runs along steep banks with moderate current. Primary habitat is waters less than
three . feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to
protected silted areas or under banks especially associated with obstructions such as stumps or fallen trees.
Its current distribution according to the US Fish and Wildlife Service is limited to portions of two streams
-- Goose Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County.
Therefore it is not expected to occur on this site.
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 in Yadkin 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.
Garrison, Page 6
March 3, 2001
CONCLUSION
This Project will provide important economic benefits to the region. Based on the value of the
jurisdictional waters and wetlands on this site, the developer has chosen to balance the site's economic
viability with its -environmental value and permitability. The goal of the Stormwater Treatment and
Mitigation Plan is to help balance the environmental consequences of this development by creating a
beneficial aquatic resource that will help maintain or minimize degradation of waters of the U.S.
downstream of the project and replace the functions of the small pond and wetland areas that must be
impacted by the development. The mitigation sites will be preserved by the applicant or by a group
designated by the owner for this purpose.
Please contact 'me if you have any questions or require additional explanation. Thank you for your
consideration.
cc: Mr. Tony Gaffey
LOCATION MAP
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LEONARD S. FUND TER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
June 2, 2001
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
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
Re: Garrison - + 35 Acre, Meer. Ctv - My #01110332, A.M. 200130613,200130791,20013079-2
Dear Sirs:
On behalf of my client, Landcraft Properties, I am requesting a minor modification to the permit to allow
an additional 145 If of intermittent stream channel to be filled. This channel was determined to be
unimportant by the USACE. It was also determined to be intermittent by the USACE and NCDWQ and
did not require mitigation. According to the civil engineer for the project, INSITE Engineering, in order
to for the proposed storm. water management facility to be designed to properly serve the project
development, of site drainage from a non-jurisdictional drainage feature would need to be diverted to the
Stony Creek floodplain. Here it will be discharged to spread over the floodplain.
The storm water treatment facilities will be developed to treat runoff from the development and as an
amenity. The Mecklenburg County S.W.I.M. buffers also protect Stony Creek. The new ponds are also
proposed to mitigate for the removal of the existing ponds. As required, the water quality ponds will
include a wetland littoral zone to enhance the proposed aquatic resource. Project construction will strictly
adhere to an approved Sedimentation and Erosion Control Plan.
Please contact me if you have any questions or require additional explanation. Thank you for your
considera 'on:
eonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Tony Gaffey
U.S. ARMY. CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130613;200130791;200130792 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: LandCraft Properties, Inc., Attn: Mr. Tony Gaffey
Address: 201 N. Tryon St., Suite 2650
Charlotte, NC 28202
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Garrison Residential Development located on approx. 35 acre tract off Garrison Rd.
northwest of the intersection of I-85 and Galloway Rd. in N. Charlotte.
Description of Activity:
(1) NWP 14 (200130613) - Construct a minor road crossing on 2 separate unnamed tribs to
Stony Creek. Crossings will impact a total of 250 LF of stream channel determined to have
"unimportant" aquatic function; (2) NW 39 (200130791) - Drain and fill over a < 0.5 acre
pond. The open water lost will be recreated in the form of 2 stormwater ponds on the lower
end of the property; (3) NWP 43 (200130792) - Construct 2 stowater. . ponds on 21. separate
unnamed tribs to Stony Creek to serve the above referenced development. The ponds will be
constructed on channels that have "unimportant" aquatic function.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).,
(check all that apply). Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14,39,43 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N. C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone (919)733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date April 25, 2001
Corps Regulatory Official Steve Chapin Telephone No. (828) 271-4014
Expiration Date of Verification April 25, 2003
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
?0t wH r??,p
> r'
Michael F. Ea4ley
Governor
Sherd Evan"taMOn. Acting Secretary
DW trnerd of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
April 11, 2001 %5
Mecklenburg County
DWQ Project 0 010332
APPROVAL of 401 "Water Quality Certification and ADDITIONALVONDITION
Landcraft Properties, Inc.
201 North Tryon Street
Charlotte, NC 2802
Dear Siren:
You have our approval, in accordance with the attached conditions and those. listed
below, to place fill material in 0.50 acres of wetland$ and 500 linear feet of streams for the
purpose of constructing the Garrison subdivision at Garrison Road as described in your
application diced Mamh 8, 2001. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Numbers 3289 and 3287. These
Certifications allow you to use Nationwide Permit Numbers 14, 39 and 43 when the Corps of
Engineers issues them. In addition, you should get any other federal, state or local
before you go ahead 'with your project including (but not limited to) Sediment and permits
Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations.
This approval will expire when the accompanying 404 or LAMA permit expires sonless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us and you
may required to send us a new -application. If the property is sold, the new owner must be
given a copy of this Certification and approval letter and Is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0806 (h) (6) and
(7)• For this approval to be valid, you roust follow the conditions listed in the attached
certification and any additional conditions listed blow.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and streams to notify the state in order to assure compliance for future wetland
and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwateer management plan shall be
approved by this Offices before the impacts specified in this Certification occur. The
stormwater management plan as outlined in your March 8, 2001 submittal must include
plans, and specifications for stormwatsr management facilities designed to remove 85%
TSS according to the most recent version of the A/C DENVR Stormwateer Best Management
Pracf/ces Manual. Also, before any permanent building is occupied at the subject site, the
facilities, as approved by this Office, shall be constructed and operational, arld the
stormwaterr management plan, as approved by this Office, shall be implemented.
Division of Water Quality 1621 M011 SerM00 center Raleigh, NC 27699-1641
WQftfl sl401 Unit: (919)'r33.17eif9
Fai¢: (919) 733.9959
W ArF?QG
A.
a ?
Michael F, Easley
Governor
Sherri Evens-Stanton, Acting Secretary
Department Of Environment and Natural Rtesouraes
Kerr T. Stevens
Division of Water Quality
3. Applicant is cautioned that aemimetal and erosion control measures must be designed,
installed and maintained properly according to the NO Division o Land Resources or it's
delegated program.
4. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shalt complete the attached form
and return it to the 401Mietl2nds Unit of 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 1508 of the North
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, h1.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 telephones John Dorney at 919-733-
sin ely,
Stev
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWO Regional Office
File copy
Central Files
Todd St. John
Len Rlndner
Division of War Quality
Wetrande1401 chili: (919) 735.178s
Fax. (919) 723.039
1621 Mail Service Center Raleigh, NO 27899.1821
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