19990023 Ver 1_COMPLETE FILE_20000801

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
\,N A
Mr. Robert Elliott, Chairman
Lake Norman Marine Commission
JAMES B. HUNT JR.
GOVERNOR 20326 Bethlewood Lane
Cornelius, North Carolina 28031
WAYNE MCDEVITT
SECRETARY
Dear Mr. Elliott:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 14, FJF !t"°
SAN 15 ly??
Subject: 401 Water Quality Certification
Hwy. 73 - Norman Property
Tax Parcel ID No. 01112207
Mecklenburg County
Per your request, Mr. Michael Parker with this Office conducted a site
investigation of the subject property on January 13, 1999 for the purpose of determining
whether a 401 Water Quality Certification would be necessary for the potential
disturbance of at least 150+ feet of an existing channel during the future development of
the subject site.
Based on observations made by Mr. Parker, the channel that exists on the
property does appear to have the characteristics of a stream under the current guidance
used by the Army Corps of Engineers (ACOE). The proposed channel, however, does
not appear as an intermittent or perennial stream (dotted or solid blue line) on the
current USGS topographic quad map. Therefore, it will be the responsibility of the
ACOE to determine whether or not the channel to be impacted is indeed a stream for
which they will claim jurisdiction. The ACOE can be contacted at 828-271-4014.
Please be advised that the Division of Water Quality (the Division) requires that
approval be obtained prior to disturbing more than 150 linear feet of stream under the
ACOE's Nationwide Permit No. 26 and the Division's General Certification No. 26,
regardless of whether the ALOE considers the stream as "subject to the 500 linear foot
limitation". It should also be noted that compensatory mitigation is required to replace
unavoidable lost or degraded aquatic life uses of these streams, either through in stream
measures and/or riparian techniques-such as buffer establishment or vegetative planting
for temperature control (typically referred to as stream bioengineering). In determining
whether a stream mitigation will be necessary, the Division must determine whether- the
stream has positive 7Q] 0/30Q2 flow and/or whether or not aquatic vertebrates are
present. When compensatory mitigation is required on streams that are to be culverted_,
or otherwise buried, the mitigation ratio is currently 1:1 (the Division may be raising
this ratio to 2:1 in the near future). On streams that are channelized hardened, or
relocated, the mitigation ratio is also 1:1. Based on Mr. Parker's observations, aquatic
organisms (crayfish) were found in the channel. Such being the case, mitigation will
most likely be required provided the ACOE detetmines the channel to be a stream and
any future impacts are to exceed 150 linear feet in length.
- 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 Oq POST-CONSUMER PAPER
Mr. Bob Elliott
January 14, 1999
Page Two
In order to obtain Division approval for proposed stream impacts that exceed 150 linear
feet in length, seven (7) copies of the Preconstruction Notification Application (PCN), along with
supporting maps and documentation, should be completed and returned to the addresses listed in
the application. All maps submitted with the application should be of suitable scale (e.g. 1" _
100') and delineate all impacted streams, ponds, and/or wetlands on the project site. Copies of the
aforementioned General Certifications as well as the PCN can be accessed at the Division's web
page: http://h2o.ehnr.state.nc.us/wqhome.html.
If you have any questions regarding this matter, please contact Mr. Michael L. Parker or
me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Kia Whittlesey, Mecklenburg Land Development
John Dorney, DWQ
Steve Chapin, USACOE
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