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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 <. 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((t ` ~ fr? ?,.?..,rf } ?f ? / '? ?~ +??_ ! ?t , , . ? ? ;; ?, ? ?, ? ?•?, ' a ? ? fir,. ---'}?" 1 E, .-? LLI CL IN f- \.z z a " • ?. O 2,i U. r W Z CL 0 < O ,?. 00 LU 1 ? I- ?. V Cc ? 1 \ ;. tali y.lz Z LL Y? W O V `l W d J Z U-) '. ? C ? 1 ? p ? Fes- ,;?fi`?-. S ? i i r•? . ?? `` ?'"- ?`'`?`}'' ?,?' 'r ? ,U 1 ?4* Za 1 3a (nju 6` ZZC) c dot VIA 11 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 fEv CGOW4 Mecl,Jenburg County, NC Geographic Information Systems Tax ParcelR Map Sheet Search Road Name & Intersection Search Market Analysis Search Menu Return to .Full. Map Extent How to Use the System Return to GIS Hoznepag-e Click on Map to P'erf'orm Opet-ation 0 Refresh Map 0 Pan * Zoom to 0 Zoom Out Zoom Factor 1x o O Identify Fads I ` G 0 Surveyor's Report ----- - 0 Adjoining Owner's Report within 10 FEET ? Q Measure Start Une 7 , Lahei Parcels by: Nothing F w ?t?9 N YJ D County Boundary ® Jurisdictions ?4 D Tax Parcels uQO Parcel Sales by Deed d "Railroad ROWS F' Utility ROWS ,ej -!6 Bodies of Water N Streams Floodplain 10 Foot Contouv ® Regulated Watershed S Surlace'swoter Suf. _ Building Outlini nt Prop. 1485 U Photo Controls All Roads 1999 Aerial Pho0 Tax Parcel Lani 1 at'2 4128!2001 1036 PA 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 39 39 USGS MAR-®ERITA t \ 1? V.1 - _ SW r 1 ?/?^ STONY CREEK `t3 .dry, -''. ` .':', s l"..?.._?. ."??.: ? ? i •°. r s !' l WATERS OF THE U.S. D z O a I t Q ??rya v+ ? !J Jp`? d I ' ' J r .,? w . ar M. r z z ; J 4 r` z n ® E`•. O z E.-. W W W 6L. r D Cr O ~ l r;: ( r liit? + i ? 3 ta; I , W ` W O .17 Z U O c W U c W Z p o_ N = D U -? LL U7 N tl O z ?r= z v • o O a z x W , i,fi _=•??? . Q jflFlf t. s'?'•- • ! !' I T I I t`• f l t O ; o t i J.t I1 fl i f i t f I!r J r I ! t { r t r W I f ± ! r r r r i I l{ r t , A E • -?"?;klt • f y W o? ' M a Z J 4 a J CL W 0 LLF en a a 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 L. J 4 N 0 +1 F t l w- D fi ?' ?' /.. - '•?',:./: j? ",, r, i i ??i X V i f i? t ? r 1; j 9": a: U ''ir. . Y'?I r` r.%i1 •rrl/ i t 1?- ® W rt i 1 F W i ( s 43v O WW ` t // s 1- __ ??r t t }? a s Ly y 1 1 1 A t 1 .J??.+c 1sy 'l ",? 6'9 ' ?,I.t fn, • ? ? '?/?` ? i ?ilr "? 't / t t t ? ? C •? ?, 9!•-? , re, CL 't?•t I•? ?f *l-..? '?`?`wrt>?Y?f-? / ..?` _ Z +?,a5f?? i•??r (U (.W.. W _? ?: ?rt •? 1. if X ,1 _? ?' ?.'s. ti\`. ?? 1L??y?"'t ?`i y?„ '? ? 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