20000718 Ver 1_COMPLETE FILE_20000801

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 3, 2000
DWQ Project # 000718
Mecklenburg County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. William Grigg
William Group
7004 Sugar Loft Ct.
Charlotte, NC 28201
Dear Mr. Grigg:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.02
acres of wetlands and 350 linear feet of streams located at Coachman's Woods subdivision in Mecklenburg
County for a residential development and road crossing as described in your application dated June 1. 2000.
Insufficient evidence is present in our files to conclude that your project must be built as planned in waters
and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal
are made as described below, we will have to move toward denial of your 401 Certification as required by
15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you provide specific, detailed technical reasons to justify the road extension to
Hwy 21 from this subdivision? Your response of July 10, 2000 was not specific and therefore did not
satisfactorily answer our concerns in our June 23, 2000 letter. Any documentation such as maps and
narrative that you can supply to address alternative designs for your project may be helpful in our review of
your 401 Certification.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and to the Mr. Pete Colwell, Mooresville Regional Office at [phone]. If we do not hear from
you in three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. I can be reached at 919-733-9646 if you have any questions.
cc: Mooresville DWQ Regional Office
Asheville Field Office Corps of Engineers
Central Files
File Copy
Si
n R. Dorney
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$ 1?
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone]FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post consumer paper
Willow Group, Inc.
8508 Park Road #188, Charlotte, North Carolina 28210
Telephone [phone] Fax [phone]
July 10, 2000
1
Mr. John H. Domey
State of North Carolina
Department of Environment and Natural Resources
Wetalnds/401 Unit 1621 Mail Service Center
Raleigh, North Carolina 27669-1621
Dear Mr. Dorsey:
Please find per your letter dated June 23, 2000, copy enclosed, additional information
provided by the Town of Cornelius supporting our request on their behalf to build the
road extension to HWY 21 in the Coachman's Woods Subdivision.
Should you have any question about the enclosed support information please contact
either Robert Race, Town Manager of Cornelius, or Karen Flyod, Planning Director of
the Town of Cornelius, at [phone].
Sincerely,
aj\--A?
William G. Grigg 11
Manager
c?
Enclosures
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr Bill Grigg
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Willow Group
7004 Sugar Loaf Ct
Charlotte, NC 28210
Dear Mr. Grigg:
1
7 •
$On" 000000NOMM% IFA
Adam NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 23, 2000
DWQ Project 0 000718
Mecklenburg County
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.02
acres of wetlands and 350 linear feet of streams located at Coachman's Wood subdivision in Mecklenburg
County for residential development and road crossings as described in your application dated June 1, 2000.
Insufficient evidence is present in our files to conclude that your project must be built as planned in waters
and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal
are made as described below, we will have to move toward denial of your 401 Certification as required by
15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you development by eliminating the connection of Coachman's Trace to US21?
Any documentation such as maps and narrative that you can supply to address alternative designs for your
project may be helpful in our review of your 401 Certification. Also this project will require compensatory
mitigation as described in 15A NCAC 2H .0506(h). Please respond within three weeks of the date of this
letter by sending a copy of this information to me and to the Mr. Pete Colwell, Mooresville Regional Office
at [phone]. If we do not hear from you in three weeks, we will assume that you no longer want to
pursue this project and we will consider the project as withdrawn. 1 can be reached at 919-733-9646 if you
have any questions.
Si cerel ,
0
R. ey
cc: Mooresville DWQ Regional Office
Asheville Field Office Corps of Engineers
Central Files
File Copy
Len Rinder
Wetlands/401 Unitl621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone]FAX k 733-9959
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post consumer paper
P.O. Box 399
CORNELIUS, NC
28031
P 704 892 6031
P 704 896 2462
P row NHALLmC1.C0ENELIVS.NC. US
HTTP V /www.COSNEL102.0A0
July 7, 2000
Mr. Bill Grigg
Willow Group Inc.
7004 Sugar Loaf Court
Charlotte, North Carolina 28210
M-oR Subject: Coachman's Wood
''M BEA`LEY Road Extension to US Highway 21
Mero2 PRo-TEM Dear Mr. Grigg;
HANK KAHN
Thank you for the correspondence dated June 23, 2000 regarding the
?UMIIYLONtRwetlands crossing from NCDENR. As you are aware, the street connection to
CARSON CAYO
BILL C0.. US Highway 21 dates back to the late 1980s prior to the adoption of the
HANK KAHN SWIM buffers. The preliminary and final plat approval, which depicted the
LARRY LOTITO connection to US Highway 21, was contingent upon an electric service
THURMAN ROSE. OR. agreement with the original developer. This connection continues to be a
Code requirement for service delivery as well as police and fire safety issues.
TOWN MAN--
0oS RACE I understand NCDENR is requesting modifications to the street alignment
and supporting information regarding the Town's position. Attached is the
agreement as noted, as well as the approved plan. Also attached is a copy of
the conditions of approval from the Town Board of Commissioners. I hope
this will be sufficient to meet the requirements of NCDENR.
If the Town can be of any further service please call me at [phone].
Sincerely,
Robert L. ace
Town Manager
Enclosures
cc: Karen W. Floyd, Planning Director
NORTH CAROLINA
MECKLENBURG COUNTY
AGREEMEN-
This Agreement is made this 2-2- day of February, 1992,
by and among Cornelius Associates Limited Partnership, a North
Carolina limited partnership; Sadek M.A. Sadek, an individual
resident of Mecklenburg County (collectively called
"Developer"); and the Town of Cornelius ("Town"), a North
Carolina municipal corporation.
WHEREAS, Developer desires to amend the configuration of
lots in Phases lA and 1H in the existing electric service
agreement with the Town; and
WHEREAS, the Town is willing to amend the phases in the
existing electric service agreement in consideration for
Developer agreeing to perform the obligations set out in this
agreement.
NOW, THEREFORE, in consideration of the mutual promises of
the parties contained herein and the Town's agreement to amend
the existing electric service agreement, it is hereby agreed as
follows:
1. The parties agree to execute the First Amendment to
the Electric Distribution System and Service Connection
Agreement attached hereto as Exhibit A.
2. Developer agrees to immediately commence construction
on Lot 14 in Phase lA of Coachman's Trace at Wellsley Estates.
3. The Board of Commissioners of the Town will re-
review the plat of Phase 1B of Coachman's Trace at Wellsley
Estates for approval in accordance with the Town's subdivision
ordinance.
4. The Town will provide underground electric service to
the lots in Phase 1B of Coachman's Trace in accordance with the
Town's electric ordinance and the amended electric service
agreement.
5. Within ten (10) days of execution of this Agreement,
Developer will pay for underground electric service for lots
89-98 (10 lots) in Phase lA of Coachman's Trace which are not
currently covered by the amended electric service agreement at
a cost of $688.75 per lot. The Town will provide underground
electric service to those lots when requested by Developer and
will credit Developer with the payment made pursuant to this
Agreement.
6. Prior to submitting the plat of Phase II of
Coachman's Trace for subdivision plat review and approval by
the Town, Developer shall have completed the dirt filling,
rough grading, graveling and curb cut at U.S. 21 for Coachman's
Trace Road from the end of its existing pavement, through the
remainder of the development and across the record easement
granted to Developer, and connect such gravel road with U.S. 21.
7. Prior to submitting the plat of Phase III of
Coachman's Trace for subdivision plat review and approval by
the Town, Developer shall have completely and finally paved
-2-
Coachman's Trace Road, including that portion over the recorded
easement, and shall make a full connection of said paved road
with U.S. 21.
8. Should Developer fail to perform any of the
obligations of this Agreement, Developer waives any right to
have any Coachman's Trace plats reviewed by the Town for
subdivision approval until such default is cured. In addition
to all other remedies available to the Town, should Developer
default on the obligations specified in Paragraph 6 or 7 above,
Developer consents to the Town obtaining a decree of specific
performance compelling Developer to perform those obligations.
9. Developer agrees to record this Agreement in the
Mecklenburg County Registry of Deeds and to include restrictive
covenants in a form satisfactory to the Town in all deeds from
Developer to purchasers of any lots in Phases II and III of
Coachman's Trace subjecting the purchasers of those lots to
this Agreement and the obligations to be performed hereunder.
On approval of the subdivision plat for either of these phases
by the Town, the Town will release the proposed lots in the
approved plat from the deed restrictions.
10. Approval of the subdivision plats for Phases 1B, II,
and III of Coachman's Trace and the provision of electric
service to those phases shall be subject to and in accordance
with all requirements of the Town's subdivision ordinance and
electric ordinance then in effect.
This Agreement has been executed the day and year first
written above.
-3-
Attest:
W L?IL
Tracy W Little'
Town C1 rk
Witness:

Witness:

Town of Cornelius
Y G%C.i
By
a old B. Little
Mayor
Cornelius Associates
Limited Partnership
By: . ?./? `M vg ? -,{
Sadek M.A. Sadek
General Partner
Sadek.M.A. Sadek
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Incorporated 1905
P. O. BOX 399 PHONE [phone]
CORNELIUS, NORTH CAROLINA 28031
Town Board
Public Hearing
November 7, 1988
7:30 p.m. at Town Hall
Members Present Others Present
Mayor Little Nancy Ashburn
Commissioner Whisnant Ralph Howey
Commissioner Scattergood Larry Griffin
Commissioner Potts Max McCloud
Commissioner Bost Jim Craddock
Commissioner Robinson Dean Sadek
Hugh Jetton
Watson Finger
Mark Richardson
Bob Young
B V Belk
Nicky Rudisill
Rick Kline
Miles Boyer
Eddie Knox
Donna Wingo
Errol Gibson
Mack King
A J Stokes Jr.
David W. Bailey, Town Administrator
Mayor Little called the meeting to order and gave the invocation.
Minutes
The Minutes taken on October 17, 1988 were not approved because there are
some changes to be made. The Board will approve the minutes at next
regular Board meeting.
Upon motion by Commissioner Whisnant and second by Commissioner Potts, the
meeting was opened up to a Public Hearing.
Extra territorial R4
Ralph Howey spoke in concern of Kings Point Marina. Mr. Howey was wanting
to know if the Marina would be able to operate as always and be considered
as a non conforming use. The Administrator pointed out to Mr. Howey that
the Marina would be able to operate normally but would be considered as a
Page 2 - Town Board
Public Hearing
November 7, 1988
non conforming use.
Eddie Knox spoke in concern of Charles Knox and Murray Kelly for they own
property on NQ Hwy 73 and would like to see the zoning to stay multi
family instead of zoning it R4.
Rick Kline with Wher Rena Marina requested B3 and B2 zoning for the
marina.
R4 to R3 North of Catawba Avenue
Miles Boyer would like to maintain the zoning as is today which is multi
family on the Kimbrough and Cresent property and B2 on the Neely Dixon
property.
Nantz and NC 73
Larry Griffin introduced his request for rezoning of the Floyd Blackwell
property.
Max McCloud architect for Larry Griffin went over a site plan for Nantz
Road and Hwy 73.
Hugh Jetton spoke in concern that he feels that there is too much business
in the area.
Watson Finger spoke against the business zoning. He feels that it will
bring too much traffic. He would like to see the zoning residential
instead of business.
Rev. Mark Richardson agrees with the zoning and would like to see the
property be zoned business.
B V Belk Investments _ Kunkleman Property
Bob Young presented the site plan for the Auto Mall that the Planning
Board voted not to approve upon a 3 to 2 vote.
Wellsley Estates
Dean Sadek presented a site plan for phase 2 of Wellsley Estates which was
recommended from the Planning Board.
Donna Wingo spoke against the connection to Floral Lane but-does not see a
problem with connecting to Hwy 21.
Page 3 - Town Board
Public Hearing
November 7, 1988
Errol Gibson spoke against the connection to Floral Lane. He feels that
the connection would bring too much traffic.
Mick King spoke against the connection to Floral Lane because of the
traffic that it would bring.
A J Stokes Jr, asked Mr. Sadek some questions about his plans on John
Hawks Road.
Upon motion by Commissioner Potts and second by Commissioner Robinson the
Public Hearing was closed.
Adoption of New Zoning jSR
Upon motion by Commissioner Whisnant to delay vote because of lack of
notification by mail, Commissioner Bost seconded the motion and all were
in favor.
Upon motion by Commissioner Bost to delay adoption of zoning map and
seconded by Commissioner Scattergood all were in favor.
B V Belk Investments
Upon motion by Commissioner Potts and second by Commissioner Whisnant the
site plan was denied all were in favor with one being against.
Wellsley Estates
Upon motion by Commissioner Scattergood to approve Wellsley Estates as
submitted with the Hwy 21 connection but without the connection to ever
be made to Floral Lane, Commissioner Robinson seconded the motion all were
in favor with 2 being against.
I 77 Interchanges
Bill Cox gave a presentation on the 2005 Transportation Plan. Upon motion
by Commissioner Whisnant to direct the MPO representative to inform the
MPO that Cornelius would agree to the Sam Furr Interchange Commissioner
Potts seconded the motion and all were in favor.
Planning Board Vacancies
The Board asked that the newspaper advertise that there are vacancies on
the Planning Board.
Page 4: - Town Board
Public Hearing
November 7, 1988
Any recommendations that are made will be presented at next regular
meeting.
Other Business
Commissioner Whisnant told the Board that he has gotten a convertible for
the Commissioners to ride in for the Christmas Parade.
John Benitz was wanting to know when the Board was going to make a
decision on the site plan that Gary Winge has submitted to the Board.
The Mayor told Mr. Benitz that he didn't know when the Board would be
taking up the site plan but it shouldn't be too much longer.
Voluntary Annexation
Town Administrator, David Bailey told the Board that NCNB volunteered for
annexation for 1.5 acres at Knox Rd. & Hwy 73. Cresent Land and Timber
also volunteered for annexation for 30 acres.
Upon motion by Commissioner Scattergood and second by Commissioner
Whisnant there will be a Public Hearing set for December 5, 1988 for the
voluntary annexations.
There was a confirmation from the Board that on June 27, 1988 the Board
dedicated Legion Street to be a state street for improvements upon motion
by Commissioner Potts and seconded by Commissioner Bost all were in favor.
Upon motion by Commissioner Whisnant and second by Commissioner Bost the
meeting was adjourned to go into executive session.
Commissioner Scattergood left the meeting at this time noting a work
related commitment.
Commissioner Robinson motioned to return to regular session and
Commissioner Whisnant seconded the motion and all were in favor.
The Mayor presented a resolution requested by Centralina Council of
Governments. The resolution authorizes COG to receive State funds on
behalf of Cornelius. The motion to approve the resolution was made by
Commissioner Whisnant and seconded by Commissioner Bost. All were in
favor.
Centralina Council of Governments has offered to prepare CDBG applications
for the Town. Two target areas were identified, Center Street and the
Page 5 - Town Board
Public Hearing
November 7, 1988
east side of Walter Henderson Road. Commissioner Bost moved approval of a
request to Centralina to prepare applications. The motion was seconded by
Commissioner Whisnant. All were in favor.
The Board reviewed the recommendations of the Planning Board for
rezonings. The following changes were made:
Approve central business, Commissioner Robinson, second by
Commissioner Potts. All were in favor.
South of Catawba Avenue R3, Commissioner Whisnant, second by
Commissioner Robinson. All were in favor.
Extra territorial area - all recommendations of the Planning Board were
accepted with the exception of the following parcels:
001-051-01 (R4), 001-051-04 400 feet parallel with NC 73 (B2), 001-
051-04 the remainder of the parcel (R4), 001-051-20 (B3), 001-481-97
(R4), Commissioner Bost, second by Commissioner Robinson. All were
in favor except Commissioner Whisnant.
North Main Street B2, Commissioner Potts, second by Commissioner Whisnant.
All were in favor.
Church, Pine and Beard Street area R3, Commissioner Whisnant, second by
Commissioner Bost. All were in favor.
Business and manufacturing, Commissioner Bost, second by Commissioner
Whisnant. All were in favor.
With not other business the meeting was adjourned on motion by
Commissioner Whisnant and seconded by Commissioner Bost. All were in
favor.
Minutes approved this ao+ day of Q aij A 1988.
M r Town Cler
Coachman's Wood DWQ#000718
Subject: Coachman's Wood DWQ#000718 ?
Date: Fri, 28 Jul 2000 14:49:28 -0400 \•?S1-
From: Peter Colwell <Peter.Colwell @ncmail.net>
R V
Organization: NC DENR -Mooresville Regional Office
To: John Dorney <[e-mail]>
John,
I have reviewed the materials sent in by the Willow Group to justify
their connection across the creek to US 21 in Cornelius. The Cornelius
Town Manager states that the US 21 connection is needed for "service
delivery as well as police and fire safety issues", but he gives no
specifics or concrete justification. He also sites the 1992 agreement
between the town and the developer which requiring the developer build
the US 21 connection.
There are still two roads which will connect this area to the existing
subdivision. Without the connection to US 21 there are no direct
impacts to streams or wetlands. The proposed US 21 connection will cross
three streams, (McDowell Creek and two tribs), two with existing
undersized culverts, and pipe 200 feet of the other. I still maintain
that we should avoid further impacts to McDowell Creek unless the
reasons are compelling.
Pete
Pete Colwell - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
Pete Colwell <[e-mail]>
%TITLE%
NC DENR - Mooresville
Div. of Water Quality
I of 1 7/31/00 8:19 AM
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Bill Grigg
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Willow Group
7004 Sugar Loaf Ct
Charlotte, NC 28210
Dear Mr. Grigg:
r4i;2
A0A=%0!xW% NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 23, 2000
DWQ Project # 000718
Mecklenburg County
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.02
acres of wetlands and 350 linear feet of streams located at Coachman's Wood subdivision in Mecklenburg
County for residential development and road crossings as described in your application dated June 1, 2000.
Insufficient evidence is present in our files to conclude that your project must be built as planned in waters
and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal
are made as described below, we will have to move toward denial of your 401 Certification as required by
15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you development by eliminating the connection of Coachman's Trace to US21?
Any documentation such as maps and narrative that you can supply to address alternative designs for your
project may be helpful in our review of your 401 Certification. Also this project will require compensatory
mitigation as described in 15A NCAC 2H .0506(h). Please respond within three weeks of the date of this
letter by sending a copy of this information to me and to the Mr. Pete Colwell, Mooresville Regional Office
at [phone]. If we do not hear from you in three weeks, we will assume that you no longer want to
pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you
have any questions.
Sincerely,
rR.D ey
cc: Mooresville DWQ Regional Office
Asheville Field Office Corps of Engineers
Central Files
File Copy 1
Len Rinder
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone]FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact:
WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Coachman's Wood c/o Willow Group County Mecklenburg
Project Number 00 0718 County2
Recvd From APP Region Mooresville
Received Date 6/1/00 Recvd By Region 6/6/2000
Project Type subdivision
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 I OO Y _0N r- 11-1 IS-(I) F C F_30,833. 0.02 150.00
14 Stream O Y O N F_F_r-r_F-F-- 200.00
F_ F-O Y O N F__F_F_F__F_F__
Mitigation Wetland
MitigationType Type Acres Feet
?Stream WRP
_F F Stream r F 200.00
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? OQ Y 0 N Recommendation: 0 ISSue O Issue/Cond *Deny
Provided by Region: Latitude (ddmmss) 352815 Longitude (ddmmss) 805151
Comments:
This project is an extension of an existing subdivision. Note that the proposed Squires Way will
connect hack to Coachman's Trace at two locations. The extension of Coachman's Wood Lane to
US 21 will directly impact three streams (McDowell Creek and two tribs) with road crossings and
provide a conduit for more stormwater runoff into an already stressed stream. There are no lots
proposed in this obv_ iious flood Iaip n area, it is to be left as open space. According to the consultant
the Town of Cornelius has requested the construction of the access road off of US 21. Two of the
proposed crossings are extensions of exis_ting_pipe crossings that appear to be undersized and
restrict the movement of a ,uatic life. These crossing could be removed to improve the stream
condition or left as is to provide access to the open space. The larger crossing will pipe 200 ft of
stream and closely parallel McDowell Creek subjecting it to further sedimentation during construction
and stormwater runoff after the project is complete.
cc: Regional Office
Central Office Page Number 1
Facility Name Coachman's Wood c/o Willow Group County Mecklenburg

Project Number 00 0718 Regional Contact: Pete Colwell
Date: 6/16/2000
Comments (continued from page 1):
Therefore, Mooresville Regional Office recomends that the Water Quality Certification be denied. The
lot development of the prow can place without the stream impacts. The Town or developer
should show proper tification and need for the proposed road connection to US 21,
cc: Regional Office
Central Office Page Number 2
r oachman's Wood
Residential Community
Cornelius,
North Carolina
.Joint Application Form and Supporting Documentation for
00071a,
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. Bill Grigg PAYMENT
Willow Group
ECE

7004 Sugar Loaf Court /V .
??
Charlotte, NC 28210
1-704-643-4404
Leonard S. Ptindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-[phone]
*Subject to verification by the USACE & NCDWQ
Date : 5100
DEM ID: _.11_U U 7 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 THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCX ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: ?Y I 1 bW GrroOr
?• MAILING ADDRESS: -70C)Aj !?%J4Ae- I_oa.-F
SUBDIVISION NAME :
CITY: S ` STATE: ?L
ZIP CODE: 2-A3 ZIP
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
G ©ac,G? r?Qn S 1 e?dod
3. TELEPHONE NUMBER (HOME):
(WORK) :.
n
4- IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: -

5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERI PH T G PHY WITH SCALE):
COUNTY : NEAREST TOWN OR CITY:
(?Y,?IIU S
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) l `7 ,?
oca-6y\ ma
6. IMPACTED OR NEAREST STREAM/RIVER: lC.??t1P.? ?Y-Cp (?.(,(C?1 u S?
RIVER BASIN: r
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY W:_TERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II) ? YES [ ] NO [-T- IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO
7c. IF THE PROJECT IS_ LOCATED WITHIN A'COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
°a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ) NO [,,]-IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CEF?TIFICATION)
'1
8b. ARE ADDITIONAL PERM T REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ) NO IF YES, DESCRIBE ANTICIPATED WORK:

9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2'??.C/
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
10a. NUMBER OF ACRES OF W TLANDS'IMPACTED BY THE PROPOSED PROJECT BY:
1'50 (- ..G N WP-J,4, .
FILLING : C NW 12 4-1-? 4f EXCAVATION :
FLOODING: OTHER:
DRAINAGE : TOTAI, ACRES TO BE IMPACTED : f? N}?
.0 3 ?s if
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DIS-TARCE BOTH BEFORE AND AFTER RE.LOC.&TION)
ISb -F-LENGTH BEFORE: _ ,00 Lt° FT AFTER: G
FT
WIDTH BEFORE (based on normal high water contours):
p - FT
WIDTH AFTER: O
_,4
f, 2 FT
O
AVERAGE DEPTH BEFORE: FT AFTER:
FT
(2) STREAM CH.?NNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
OTHER:
CONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?.
WHAT IS THE EXPECTED POND SURFACE AREA?
n
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: E 1/2" X 11" DRAWINGS
ONLY):
!A CKOSS,
13. PURPOSE OF PROPOSED WORK:
Foxot 6ey,;S r rnq 5
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): r
I be-lee.
LLnL- -? f? a?-? I r rH ??rd -lv goo L(, ? 14--? e-.- _ _. - r
-" C-1
J.5. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVZ-CE=l
(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 HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED:
FROM THESE AGENCIES.) (ATTACH RESPONSES
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
'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 El (IF NO, GO TO 18)
4. 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 [] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL.MATERMAL
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). ALt STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST 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 AVAILABLE, 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.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Y;?nhi- 4-
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
hl?l - clf-l uo
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE7: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1)h 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 THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
VT OWNER'S/AGENT'S SIGNATURE
-5*
D (
AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
May 25, 2000
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality - NCDENR
1621 Mail Service Center
Raleigh, NC 27699-1621
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Coachman's Wood - + 25 Acre Site, Cornelius, Mecklenburg County, North Carolina - NWP
#26, 14
Dear Sirs:
On behalf of my client, Mr. Bill Grigg, of the Willow Group, I am requesting confirmation of
eligibility to fill ±0.09 acres of Jurisdictional Waters of the U.S. (±0.02 acres of wetlands and 150 If
of important stream (± 0.07 acres) utilizing Nationwide Permit #26, and 200 If (.03 acres) utilizing
NWP 14 for a bank to bank road crossing. Based on my site visit, Waters of the U.S. on the above
described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33
USC 1344), consist of headwater wetlands and intermittent to perennial tributaries in the Catawba Basin.
The project is planned to avoid and minimize impacts to the important intermittent and perennial streams.
The remaining streams will be protected by forested buffers. All fill material will be unpolluted. Project
construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
General Wetland Classification and Descrjp ion
The riparian areas on this site can be describe as Palustrine Forested Broad Leaved and Scrub-Shrub
Temporarily Flooded. The majority of the site is a moderately to steeply sloping former agricultural land
and woodland.
Vegctation. ydric Soil. &4rology
The forested headwater wetland areas are dominated by Facultative Wet and Facultative species. 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. Where the soils are more saturated
Obligate and Facultative Wet species such as black willow, tag alder, and silky dogwood are dominant.
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 I1-A-2, June 1991.
Coachman's Wood, Page 2
May 25, 2000
SUMMARY OF WATERS OF THE U .S.
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;
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.
Waters Intermittent to Perennial ( + 3,100 If)
Total - Waters of the U.S.
± 0.49 ac.
+ 0.20 ac.
± 0.69 ac.
Surface Waters Intermittent to Perennial (± 150 If - NWP 26) + 0.09 ac.
Intermittent to Perennial (+ 200 if - NWP 14) ± 0.03 ac.
Wetlands ± 0.02 ac.
Total Impacts - Waters of the U.S. ± 0.12 ac.
WETLANDS PERMITTING AND MITIGATION
The subdivision layout minimizes impacts to the important and wetlands.
Proposed Compensatory Mitigation
A mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the
feasible on this site. [Unavoidable impacts to streams by grading are proposed to be miti?a
remaining streams on the project site appear to be in excellent to good condition and will be prote
buffers. To meet restoration mitigation requirements for the unavoidable stream impacts,
,eloper is proposing to contribute $25,000 to the North Carolina Wetland Restoration Prog
0 If X $125/ If) to mitigate for stream impacts.
Coachman's Wood, Page 3
May 25, 2000
Avoidance, Minimization. and Mitigation
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.
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 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.
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. As required, development of these areas will be deed
restricted in accordance with restrictive covenants, or similar mechanisms which will be developed for
approval by the USACE and/or NCDWQ.
AQUATIC HABITAT
The aquatic systems in the project area consist of wetlands and intermittent tributaries. 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. Short term construction impacts, primarily stream
sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid recovery. 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 and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters. Also, 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. Aquatic resources are expected to be enhanced through the development of the stormwater
detention ponds and littoral zones.
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Coachman's Wood, Page 4
May 25, 2000
Concern. The species prefers small clear streams of less than 15` width with moderate to swift current and
a sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore,
strict adherence to an approved erosion and sedimentation control plan will be maintained during the
construction period in order to control degradation of water quality.
CULTURAL RESOURCES
The 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.
Based on the value of the jurisdictional waters on this site, the developer through sensitive planning has
chosen to balance the site's economic viability with its environmental value and permitability. The goal of
the Site Plan is to help balance the environmental consequences of this development by minimizing
impacts to the important aquatic resources, and providing best management practices to minimize
degradation of waters of the U.S. downstream of the project.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Yeletlard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Bill Grigg
Mr. Bob Davis
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SEE ENLARGEMENTS FOR DETAIL
Iit - ?Poo / OVERALL SITE PLAN