HomeMy WebLinkAbout20011511 Ver 1_COMPLETE FILE_20011016o"I OF W AT FI pG
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o ?
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
January 18, 2002
DWQ# 01-1511
Mecklenburg County
Domer Reeves
Performance Road, L.P.
2623 Mt. Isle Harbor Drive
Charlotte, NC, 28214
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Reeves:
You have our approval, in accordance with the attached standard conditions and the special conditions listed below, to
place fill in 0.07 acre of wetlands and 280 linear feet of intermittent and perennial streams in order to construct a commercial
development at the Beltway Business Park in Mecklenburg County, as described in the application received by the Division
of Water Quality on October 16, 2001 and in additional correspondence received December 14, 2001. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be
viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit
Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory-mitigation may
be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification and the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams ant:( ponds. These mechanisms shall be put in place within 30 days of
the date of this letter or-the issuabde of the 404 Permit (whichever is later). A sample deed notification format can
be downloaded from the 401 /Wetlands Unit web site at http://h2o.enr.state.nc.uslncwetiands ;
2. Stormwater shall be directed to discharge into onsite wetlands using level spreaders to prevent scouring and
channelization. DWQ must be copied on the stormwater plan detailing the locations of the level spreaders;
3. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for
the impacts to wetlands. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B -.0242(7), this contribution
will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 213 .0233(10).
Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands
Restoration Program), wetland impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at
(919)733-5208 if you have any questions concerning the Wetland Restoration Program. You have one month from
the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of
280 linear feet of intermittent and perennial streams, in the Catawba River and sub-basin, Cataloging Unit 030834,
and 220 linear feet of stream mitigation are required. Please be aware that the Wetland Restoration Program
(WRP) rules require rounding of wetland impacts to the nearest foot (15A NCAC 2R.0503(b))."
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,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) -
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Page 2 of 2
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 Pete Colwell in the DWQ Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at
919-733-9646.
Sincerely,
l J. Thorpe, Ph.D.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Chris Estes, 515 Pembroke Drive, Weddington, NC, 28173
011511
r
?0A7 ?Q Michael F. Easley, Governor
O G William G. Ross Jr., Secretary
T North Carolina .Department of Environment and NEItUral Resources
Gregory J. Thorpe, Ph.D.
p ^? Acting Director
Division of Water Quality
November 16, 2001
Mr. Domer Reeves _
Performance Road, LP SS c.`? O ??
2623 Mt. Isle Harbor Drive
Charlotte, North Carolina 28214
Dear Mr. Reeves:
Subject: Project: Beltway Business Park
County: Mecklenburg
DWQ #: 011511
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for warm water stream impacts
associated with the subject project. Please note that the U. S. Army Corps of Engineers
and the N. C. Division of Water Quality must determine that payment to the NCWRP for
impacts associated with this project is appropriate. In some cases, on-site mitigation may
be required so that payment to the NCWRP is not an option.
Based on the information supplied by you in a letter dated November 1.2001, the
warm water stream restoration that is necessary to satisfy the compensatory mitigation
requirements for this project is summarized in the following table. The maximum amount
of mitigation that the NCWRP will accept for this project is also indicated in this table.
Stream
(linear feet) Riparian Wetlands
(acres) Riparian Buffer
(ft2)
Impact 220
Mitigation Max. 220
As requested, the NCWRP will provide warm water stream mitigation as specified
in the 401 Water Quality Certification and/or Section 404 Permit for impacts associated
with the subject project in Cataloging Unit 03050101 of the Catawba River basin.
If you have any questions or need additional information, please contact Crystal
Braswell at (919) 733-5208.
rely
onald E. F rell,
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
Pete Colwell, MRO
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919 733-5208 Customer Service
320 West Jones Street Raleigh, NC 27603 Fax: (919) 733-5321 1 800 62,33-7748 U?EFR
Estes esi
Environmental Design Consulting
January 13, 2002
Mr. John Dorney
Division of Water Quality
Non-Discharge Branch
401 / Wetlands Unit
1621 Mail Service Center
Raleigh, N.C. 27699
I LL4-
As Iso
Reference to: Pre-construction Notification and application for Nation Wide Permit 39 for the Beltway
Business Park, Mecklenburg Co., N.C. DWQ Project No. 01-1511
Dear Mr. Dorney:
In response to your letter dated 12-11-01 1 have enclosed the requested information for the second time
due to a possible mail problem on your end according to Cindi Karoly. Attached please see another
copy of the letter that was sent to you on 12 -17-01, page 11 of the Pre-Construction Notification
Application that contains the agent's signature, agent's signature authorization form and a copy of the
certified mail receipt.
If you have any questions please contact me at (704) 841-1779.
Sincere ,
Christop r J. Estes, RLA, ASLA
Cc: Civiltek Associates
File
515 Pembroke Dr., Weddington N.C. 28173 Phone / Fax (704) 841-1779
Mr. John Dorney
Division of Water Quality
Non-Discharge Branch
401 /Wetlands Unit
1621 Mail Service Center
Raleigh, N.C. 27699
Reference to: Pre-construction Notification and application for Nation Wide Permit 39 for the Beltway
Business Park. Mecklenburg Co. N.C. QWQ Project No. 011511
Dear Mr. Dorney:
In response to your letter dated 12-11-01 1 have enclosed the requested information. Page 11 of the
Pre-Construction Notification Application that contains the agent's signature and agent's signature
authorization form.
If you have any questions please contact me at (7044) 841-1779.
Sin y
.lAN f 6 ?
Christ her J. Estes, RI.A, ASiA
Cc: Civiitek Associates
File
615 Pembroke O)r„ Vl/eddingtcn N.C, 113173 Pi cne /Fax (704) 841-11-79
Is this an after-the-fact permit application?
Yes ? No
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).
V r Oq e
Applicant/ gent's 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 Cabarrus 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
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Pam- 1 1 of l 1
Agent Certification Of Authorization
Do+rne,- f2eevey representing
Do hereby certify that I have authorized Christopher J. Estes of Estes Design
environmental design and consulting to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of this permit and any and all
standard and special conditions attached.
We hereby certify the above information submitted in this application is true and
accurate to the best of our knowledge.
2M= k Y.Q.
Applicant's signature
la-q- 7.co t /D- *-,0/
Date Date
i
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U.S. Postal Service Delivery Confirmation Receipt
"0 Postage and Deli" Confirmation fees must be paid before mailing.
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PS Form 152. Januay 2001
POSTAL CUSTOM
Keep this receipt. For Inquires:
Access internet web site at
Www.usps.corn
or call 1-800-222-1811
CHECK ONE (POSTAL USE ONLY)
fOrlty Mail®
Package Services
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MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Beltway Business Park
Project Number 01 1511
Recvd From APP
County Mecklenburg
County2
Region Mooresville
Received Date 10/16/01 Recvd By Region 11/7/2001
Project Type commercial
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ' am
39 OTH O Y O N
F-F 11-(122) Wsly B CA 30.834. 0.29 28060 130.00 150.00
F__F_ P _-Y70 N r I f _F__F_Ir F_F_, I?
Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream r 220.00
Is Wetland Rating Sheet Attached? O Y O N Did.you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant?O Y O N
Is Mitigation required? 0 Y O N Recommendation: O Issue 0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 351521 Longitude (ddmmss) 805904
Comments:
cc: Regional Office
Central Office Page Number 1
Mr. John Dorney
Division of Water Quality
Non-Discharge Branch
401 / Wetlands Unit
1621 Mail Service Center
Raleigh, N.C. 27699
DEC 2 D ?W
Reference to: Pre-construction Notification and application for Nation Wide Permit 39 for the Beltway
Business Park Mecklenburg Co., N.C. DWQ Project No. 01-1511
Dear Mr. Dorney:
In response to your letter dated 12-11-01 1 have enclosed the requested information. Page 11 of the
Pre-Construction Notification Application that contains the agent's signature and agent's signature
authorization form.
If you have any questions please contact me at (704) 841-1779.
Sincerely,
Christ er J. Estes, RLA, ASLA
Cc: Civiltek Associates
File
515 Pembroke Dr., Weddington N.C. 28173 Phone / Fax (704) 841-1779
Is this an after-the-fact permit application?
Yes ? No
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).
!D - q "o
App c gent's 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 Cabarrus 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
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 11
Re: 01-1511, Beltway Business Park, Mecklenburg County
Subject: Re: 01-1511, Beltway Business Park, Mecklenburg County
Date: Fri, 07 Dec 2001 12:35:46 -0500
From: Jeff Jurek <jeffjurek@ncmail.net>
Organization: NC Wetlands Restoration Program-DENR
To: Ron Ferrell <ron.ferrell@ncmail.net>, cyndi.karoly@ncmail.net
C-Y.40w ent out acceptance letter on Nov. 16th, copied Rob Ridings and Pete
Colwell
Ron Ferrell wrote:
> Hey Cyndi, sorry I did not get a chance to speak with you and the star
> attraction of the luncheon last Monday. I trust you are both doing well.
> Jeff, have we received this request? Please let Cyndi know if you need the
> application.
>
> Ron
> Cyndi Karoly wrote:
> > Ron, we received this application on 10116101. I can only hope a copy
> > was forwarded to you as it should have been, after all the ranting I've
> > done to get things forwarded properly. They're requesting 220 linear
> > feet of stream restoration from WRP. Is this one acceptable? Do I need
> > to forward a copy of this application to you?
Jeff Jurek <jeffjurek@ncmail.net>
1 of 1 12/10/019:21 AM
O? W A r?gpG
o ?
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
December 11, 2001
Mecklenburg County
DWQ Project No. 01-1511
CERTIFIED MAIL: RETURN RECEIPT RE0USSTED
Domer Reeves
Performance Road, L.P.
2623 Mt. Isle Harbor Drive
Charlotte, NC, 28214
Dear Mr. Reeves:
On October 16, 2001, the NC Division of Water OvaF y (DWQ) received your after-the-fact application for a 401 Water
Quality Certification for the proposed Beltway 3 si w-ss a7k in Mecklenburg County. Insufficient information has been
provided in order for us to complete our review:. Soecffibal?y, please provide the following materials so that we can complete
our review of your application:
• Page 11 of the Pre-Construction Naffliinatm fo-r includes a signature line for the applicant or the applicant's
designated agent. Your applicaticm vas not sc rrrrd Please provide a signed copy of this page. If the signature
line is to be signed by your agent, lhEt amt s sixhmure will only be valid if an agent authorization letter is
provided.
Until the information requested in this is prQVd--:1, l will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project,willbe pfd on mold for our processing due to incomplete information (15A
NCAC 2H .0507(h)).
Thank you for your attention. Vg you h? -=my qust :io--s, please Cyndi Karoly in our Central Office in Raleigh at (919)
733-9721.
cc: Corps of Engineers Asheville Regulateayr5oM OX&?e
Mooresville DWQ Regional Office
File Copy
Central Files
Christopher Estes, 515 Pembroke Drikv, UOhy-diingbrt, NG, 28173
rely,
011511
Norlb Carolina Division of Water Gbxft.101 Wediarms Certification unit,
1650 Mail Service Cenw. Rale0%Iit=PX99-V-W 1i14afang Address)
2321 Crabtree Blvd., RaOeoigh, NC; 21VTierza5OIL %I
"Emmons= MAYMMEMOM mm
October 9, 2001
Mr. John Dorney
Division of Water Quality
Non-Discharge Branch
401 /Wetlands Unit
1621 Mail Service Center
Raleigh, N.C. 27699
011511
Reference to: Pre-construction Notification and application for Nation Wide Permit 39 for the Beltwav
Business Park, Mecklenburg Co., N.C.
Dear Mr. Dorney:
I have included seven sets of a report that contains location maps, USGS quadrangle maps and
proposed development plans along with the Pre-construction Notification Form for the subject project.
The report contains a brief description of the proposed project, the project's purpose, direct and indirect
adverse environmental effects and a compensatory mitigation proposal.
Included as attachments, are seven sets of proposed development plans by Civiltek Associates. The
proposed work does not involve discharges of dredged or fill material into waters of the United States
that results in permanent, above-grade fills within 100-year floodplains (as identified on FEMA's Flood
Insurance Rate Maps or FEMA-approved local floodplain maps.)
If you haye any questions please contact me at (704) 841-1779.
ASLA
Cc: Civiltek Associates
File
Agent Certification Of Authorization
Do mw &e.Ves - representing eY Irv m--2 I?oM L-i im ? :e4
paver°6 i'
Do hereby certify that I have authorized Christopher J. Estes of Estes Design
environmental design and consulting to act on my behalf and take all actions
necessary for the processing, issuance and acceptance of this permit and any and all
standard and special conditions attached.
We hereby certify the above information submitted in this application is true and
accurate to the best of our knowiedge.
Applicant's signature
lo- ? ... ID- 4-- o/
Date Date
011511
Beltway Business Park
Commercial Development
Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
Nationwide Permits that Require Notification to the U.S. Corps of
Engineers
Nationwide Permits That Require Section 401 Certification
Concurrences
Prepared for:
Prepared by:
Domer Reeves
Performance Road, L.P.
2623 Mt. Isle Harbor Dr.
Charlotte, N.C. 28214
EstesDesign
Environmental Design & Consulting
515 Pembroke Dr.
Weddington, N.C. 28173
PATMENT
RECEIVED
*Subject to verification by the USACE
October 8, 2001
EstesDasign
Environmental Design Consulting
Mr. Steve Chapin, USACE, Mr. John Dorney and Mr. Pete Colwell, NCDWQ
October 8, 2009
Reference: Environmental review for Beltway Business Park
100-acre site, Mecklenburg County
North Carolina Nationwide Permit 39
Jurisdictional Waters of the U.S.
Means and methods
Preliminary investigation of jurisdictional waters of the U.S. onsite was done according to the
U.S. Army Corps of Engineers technical report Y- 8 7- 1 and Appendices, Corps of
Engineers Wetlands Delineation Manual, January 1987, Final Report. Additional data was
acquired using the U.S.G.S. quadrangle maps, the applicants survey plans, the applicants
proposed grading plan, USDA soil survey of Mecklenburg County North Carolina, aerial
photographs, other environmental reviews for the surrounding area and site visits. The
preliminary method of choice for wetland delineation was the level three Routine
Determination.
General wetland classification description
Wetlands on the site can be described as Palustrian Scrub Shrub temporarily flooded and
seasonally flooded. The site is within the drainage area of unnamed headwater tributaries of
Catawba River. This sites is in the Upper Catawba River basin. All of site is forested.
Vegetation
The forested head water wetland areas are dominated by facultative wet and facultative
species. Trees include green ash, cottonwood, red maple, sweet gum, willow oak,
sycamore, and hornbeam. Under story and herbaceous strata include silky dogwood, alder,
spicebush, smilax, microstegium, sedges, soft rush, poison ivy, honeysuckle and jewelweed.
Where the soils are more saturated obligate species such as Black willow and Sagittaria are
present in limited number.
Hydric soils
The site includes Monocan soils. The soils are mapped units, which are seasonally flooded
somewhat poorly drained soils according to the natural resource conservation service.
Technical guide section II-8-2, June 1991.
Hydrology
The wetland areas.on the site are the result of surface runoff and high seasonal water table
over a clayey sub-soil.
Project Summary of Waters of the U.S.
Surface waters
Intermittent and Perennial tributaries ..........3076 If (important) .28 ac
Intermittent and Ephemeral channels......... 503 If (unimportant) .02 ac
? VV ! . C. 2817 3 f ox _ ? 79
Envirr-ime at Design & Consulting
Wetlands .................. forested wetlands --- .29 ac
*See PCN for Impacts
Total waters of the U.S ------ .59ac
Results of the preliminary discussions with U.S.A.C.E. And the N.C.D.W.Q.
On July 13, 2000 Mr. Steve Chapin visited the site with Mr. Chris Estes to evaluate
delineated areas. No specific comments were made concerning the proposed development
due to the planning phase being incomplete at that time. Mr. Chapin concurred with the
delineated streams and the delineation of wetland number two. Wetland number two was
visited due to a question Mr. Estes had concerning its boundary.
Proposed Mitigation Plan
2
Preservation
A mitigation plan is proposed to preserve the existing streams. The streams will be protected
with a construction buffer barricaded with silt fence to the extent feasible as shown on plans.
Construction buffers will exceed the width of the stream preservation buffers 25' minimum in
most locations. Areas within the stream preservation buffers, which have been cleared due
to the grading requirements, will be re-vegetated where possible with native woody species.
Ornamental trees and shrubs such as ligustrum and eleagnus species, and typical lawn
grasses shall not be utilized to accomplish re-vegetation of buffers where required. Stream
preservation buffers will be protected with restrictive covenants. It is proposed that the
preservation and re-vegetation guidelines be counted towards the mitigation of stream
losses.
Stream Mitigation & Storm Water Management -
In an effort to enhance aquatic life and reduce storm water impacts to the existing streams, it
is proposed that plunge pools be used in lieu of standard riprap aprons or concrete
dissipaters at stream crossings. It is also proposed that soil bioengineering be used in
conjunction with the plunge pools for additional bank stability and aquatic habitat
enhancement as mitigation for stream losses. The owner also would contribute $35,000
to the N.C. wetland restoration fund for mitigation of 280 If of important stream
impacts.
Restrictive Covenants
The preserved streams will be protected from future impacts by the applicant or by 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 U.S.A.C.E. and or N.C.D.W.Q.
Restrictive covenants will include the following information:
1) The area shall remain in its natural condition in perpetuity
2) Prohibition of the placement of utilities, filling, dredging, construction, or other activities, unless approved.
It is proposed that these restrictive covenants be counted towards the mitigation of wetland losses.
3
Lnvir€ nenta. " asicgn Consulting
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 U.S. Fish and Wildlife Service
has identified two endangered species Shweinitz's sunflower (Helianthus schweinitzii), and
the Carolina heel splitter (Lasmigona decorata).
The Carolina heel splitter is a freshwater muscle, which prefers shaded areas either in a
pond portion of a small stream or in runs along stream banks with moderate current.
Primary habitat are waters less than three feet deep with a soft mud, muddy sand, or shady
gravely substrate. It is normally restricted to protected silt areas or under banks especially
associated with obstructions such as stumps or fallen trees. This current distribution
according to the U.S. Fish and Wildlife Service is limited to portions of two streams, which
are Goose Creek and Waxhaw Creek in Union County. Therefore it is unlikely to occur on
this site.
State protected species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those
found in the project area. The species has a federal status of Proposed Special Concern and
a state status of Special Concern. The species prefers small clear streams of less than 15
feet in width with moderate to swift current and sand-gravel benthic composition. It
apparently tolerates wide range of water quality conditions and vegetation types adjacent to
streams and appears resistant pollution. Strict adherence to an approved erosion and
sedimentation control plan will be maintained during the construction in order to control the
possible detrimental effects of degraded water quality.
Cultural Resources
The project site has remained forested for the past 40 years according to the current
property owners. Scoping letters have been sent to SHPO.
Aquatic Habitat
Aquatic systems on this project site are contained within the headwaters and intermittent
tributaries of Catawba River. A variety of wildlife is supported by these systems and will be
protected to the extent feasible by strictly adhering to all of the Conditions of certification
previously outlined in this document. An enhancement in aquatic resources is expected due
to the addition of the previously outlined improvements.
Conclusion
The 100-acre development will provide important economic benefits to the region. As with
any development this size, certain short-term environmental consequences will occur. But
based on the current condition of the jurisdictional waters and wetlands on this site there will
be no appreciable loss of function. By balancing the sites' development potential and
envlron. mental Dotentia.this..project isexpected to__reta, n_ environme.nlal,.,.-va,lue.l..,.T,h..i.,s. will be
1 C , 281?7M3 i o Fix '704) 841-1779
F-f'l ° 4
E-v1- irn w rl in & Consulting
realized through the management, preservation and protection of the forested open space in
perpetuity. The applicant will preserve the undisturbed wetland areas and streams or a
group designated by the owner.
Please don't hesitate to contact me if you have any questions regarding this permit. My
pager number is (704) 581-3269 and my office phone number and fax is (704) 841-1779.
Sincqry,
r J. Estes, RLA
Chri
Registered Landscape architect, N.C. S.C.
cc: Fred Gore Civiltek Associates
P ,. 28173 =?mane / F- - 1 841-17 7Cz
4
yironmenta! Design & Consulting
Exhibit 1-6
Photographs
Dr, NIL, 28173 Phone, Ii Fe.x (7014 8411
ign Consulting
Channel 3 at the confluence of Channel 2
6
.
Dr, tf '704) 41-1779
Channel 2 at confluence of Channel -3
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Enuiro- rental Design & Consulting
Channel 2 above confluence of Channel 3, view upstream at intermittent nick point
Channel 2 u
f nick point
arc ? r ? ,t ?r ?, w
t t
7
515 Pembroke Dr, Waxhaw N.C., 2S-?i 41 779
c r C -sign & Consulting
Channel 1 at confluence of Channel 2
8
Channel 2 at confluence of channel 1
ibmke, fir. Vv'?xhaw N, C. 28 7 F,,,,, ; 04'- 84':,-1779
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?nvironrnental Design & Consulting
Aerial Photographs and maps
9
_: )? I. # i4 haw N.C. 28113 e 1 }?ilr; f l' Y a r Z E,41-1779-
1
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USGS Mountain Isle Quad
'2Km 0' liNi
Longitude: 80° 59'04" West
Latitude: 35° 15' 21" North
Hydrologic Units (Watersheds)
Region Name: South Atlantic-Gulf Region
Region Number: 03
Subregion Name: Edisto-Santee
Subregion Number: 0305
Accounting Unit Name: Santee
Accounting Unit Number: 030501
Cataloging Unit Name: Upper Catawba. North Carolina, South Carolina.
Cataloging Unit Number: 03050101
Exhibit 1
_ Beltway Business Park USGS Quad Map
28',
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USGS Aerial Photograph
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Exhibit 2
Beltway Business Park
Aerial Photograph
515 17-'e brc)Ke r. Waxilaw N,C,. '28173 Ptloa ie ! Fay (704) 41-'1779
11
O QT?9Q
?0.WA
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Air _ A
t
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
hllp://www.saw.usace.gnny.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine.which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/regtour.htin, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 1
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a_ Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination.. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http•//www saw.usace.ainiy.mil/wetlands/iiwpfinalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then.a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at hllp•//h2o.ehnr.state.nc.us/ncwetl.an.ds/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 2
Office Use Only: Form Version April 2001
011511
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.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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:
II. Applicant Information
Owner/Applicant Information
Name: Mr. Domer Reeves Performance Rd., LP
Mailing Address: 2623 Mt. Isle Harbor Drive Charlotte. N.C. 28214
Telephone Number: (704) 391-8080 Fax Number:
E-mail Address: N/A
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Christopher J. Estes
Company Affiliation: Estes Design
Mailing Address: 515 Pembroke Dr. Weddington N.C. 28173
Telephone Number: (704) 841-1779 Fax Number: Same
E-mail Address: CestesgEstesDesign.com
Page 3 of 3
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
USACE 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: Beltway Business Park
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 05320102
4. Location
County: Mecklenburg Nearest Town: Paw Creek Township
Subdivision name (include phase/lot number): Beltway Business Park
Directions to site (include road numbers, landmarks, etc.): I-85 to Sam Wilson Rd., West on
Sam Wilson to Performance Rd. South on Performance Rd. Site is west of Performance
across from the UPN TV station.
5. Site coordinates, if available (UTM or Lat/Long): See attached exhibits
(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 condition of the site at the time of this application: Forested
7. Property size (acres): 100ac
8. Nearest body of water (stream/river/sound/ocean/lake): Catawba River
9. River Basin: Upper Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.em-.state.nc.us/admin/mgps/.)
Page 4 of 4
10. Describe the purpose of the proposed work: Subdivision of property into commercial lots.
11. List the type of equipment to be used to construct the project: bulldozer trackhoe &
road grader
12. Describe the land use in the vicinity of this project: Commercial, Light Industrial & single
family
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
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: NA
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 snap, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation fonns should be included as appropriate. Photographs may be
Page 5 of 5
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.
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***
Wetland 2 fill .07 no 20 PSS
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hlW://www.fema.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: 1.14
Total area of wetland impact proposed: .07
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?
leases ecif
Channel 1 Road culvert 130 UT 4' perennial
Channel 2 fill 60 UT 2' intermittent
Channel 3 Road culvert 90 UT 4' t?xzutteilY
J
' //I(,
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
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
downstreain named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.,gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wNyw.topozone.com,
w'"r"I.mapquest.com, etc.).
Page 6 of 6
Cumulative impacts (linear distance in feet) to all streams on site: 280
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 Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: 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 application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam/embankment
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): local stormwater requirement
Size of watershed draining to pond: 3 ponds/ 100ac Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Measures taken during design to minimize impact include reducing road cossings at perrenial streams to two
crossings Mecklenburg coupV watershed protection measures including preserved stream buffers and three off line
ponds have been incorporated into the design The ponds will be planted as soon as possible with aquatic vegetation to
hasten water quality functioning In an effort to enhance aquatic life and reduce impacts to the stream. Plunge pools will
be installed in leui of traditional rip rap aprons or concrete dissipators at stream crossings Soil bio-engineering will be
used in conjunction with the plunge pools for additional bank stability and aquatic enhancement. During construction
the following measures will be taken to reduce impacts; 1) Silt fence & barriers sediment traps, check dams and
diversion ditches 2) Construction barricades to define construction limits and tree protection fence for tree save areas.
3) Pre construction meetings to inform equipment operators of sensitive areas and precautionary practices 4)
Restriction of vehicular access to sensitive areas that are to be preserved 5 Regular and frequent inspection of erosion
Page 7 of 7
control and access control practices 6) Delineated wetland boundaries will be clearly marked prior to construction to
prevent accidental damage to wetlands and tree save areas Contractors are liable for unauthorized wetland and tree
damage not authorized by this permit specifications and plans If necessary pre-construction meetings will be held in
the presence of USACE and NCDWQ officials 7 Project construction will strictly adhere to an approved
"Sedimentation and Erosion Control Plan" Best Management Practices will include utilizing silt-trapping ponds and
other erosion control practices where appropriate At no time shall staging areas for equipment and supplies such as fuel
be located near surface waters or the delineated wetland areas 8 As required by the 401 Water Quality Certification
conditions measures will be taken to prevent "live concrete from coming into contact with waters until the concrete has
hardened. -
VIII. 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/stri-ngide.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.
It is proposed that mitigation for the unimportant stream channel number 2 impact of 60
If be mitigated through the preservation of additional 25' stream buffers along channel
number 1 It is proposed that the remaining 220 if of impact to important streams be
mitigated by _payment to the N.C. W R P
Page 8 of 8
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at 1=://h2o.enr.state.ne.us/wm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 220
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): -
IX. Environmental Documentation (DWQ Only)
Does the project involve an.expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 9 of 9
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone Z extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
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
downstream from the property.
This item addressed under Mecklenburg County SWIM buffer regulations
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Approved by Mecklenburg County Utility Department
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 10 of 10
Is this an after-the-fact permit application?
Yes ? No
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).
Applicant/Agent's 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 Cabarrus 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
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 11
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
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 12 of 12
401 review
Subject: 401 review
Dater Thu, 08 Nov 2001 10:42:07 -0500
From: Megan Owen <Megan.Owen@ncmail.net>
Organization: NC DENR, DWQ
To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net>, John Dorney <John.Domey@ncmail.net>,
Todd St John <Todd. St.John @ ncmail.net>
Here are my comments:
Projects without issues:
011504 (DOT, Ashe County) - not in WS
Projects with issues:
011506 (City of Durham, Durham Co) - no WS issues, but Neuse Rules apply
011584 (Philip Rollins, Catawba Co) - no WS issues, but Catawba Rules
apply
011553 (David Mecimore, Alexander Co) - no WS issues, but Catawba Rules
apply
011538 (C. Breck Patterson, Regions Bank, Macon Co.) - Monger Creek is
WS-III, will need to go to local planning department for bua/buffer
review; will need to minimize bua, divert stormwater and use BMPs as
much as possible.
011521 (DOT, Clay Co.) - Town Creek is WS-IV; will need to revegetate
buffer if it gets impacted; DOT must follows their BMPs guidance
document; must minimize bua.and divert stormwater.
011540 (Cassidy Residence, Jackson Co) - WS-III, revegetate buffer if
impacted during construction, keep all non water-dependent structures
out of the buffer.
V11 011511 (Domer Reeves, Beltway Business Park, Mecklenburg Co) - WS-IV and
Catawba Rules apply. County will need to approve bua and buffers.
Development will need to stay out of the buffers.
011492 (Village By the Eno, Durham Co.) - within WS-IV-PA. Durham
Planning Dept. will need to review bua, stormwater, buffers. If streams
truly intermittent WSWP buffers do not apply. Neuse buffer do apply.
011524 (DOT, Macon Co) - Cloer Creek is WS-III Tr. DOT must follow
their BMPs guidance document, minimize bua, and divert stormwater away
from surface waters. Revegetate buffer when construction is done.
Megan Owen <megan.owen@ncmail.net>
Environmental Planner
North Carolina Department of Environment & Natural Resources
Division of Water Quality
1 of 2 11/8/01 11:42 Ah
I % Triage Check List
%
Date: 1 ,
To: ?RRO Steve Mitchell Project Name
?FRO Ken Averitte DWQ Project Nu ber
?WaRO Deborah Sawyer County C'o
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
?ARO Mike Parker
PI-ARO et Co
From: Telephone 919 733- ?V' ?j
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
_O?Ainimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pa milco, Catawba, Randleman)
? Pond fill
.Mitigations 6
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns
DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
Project/Site: ' -?kl lraa>E -S S i9A44L, Date: t n - 8 - 00
!F[ County: MfFZl l 0 ,
Applicant/Owner: 1Dpg) -1 k- I
Investigator: / ^2 vt?i 'state: ?L
Do Normal Circumstances exist on the site? Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1.TL.& :p.0uS 61%4 JS-I*-- 17A(, _
2. ??. A,&WYri -1-'
3. UL 11 US lid e4U v.24 -r-_ Dominant Plant Species Stratum Indicator
9.
10.
11.
4. C4#)Aq0Q) S 12.
6 4;XYPt4'9- a Lt? 14.
7. 15.
8. 16.
Percent of Dominant Speciei that are OBL. FACW or FAC
(excluding FAC-). I /ia
Remarks:
'' tom N?Ut -i 7&I T-
4- LO GsT / c7 l1,0 Al 1,
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake, or T'ds Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
Other Saturated in Upper 12 Inches
_
No Recorded Data Available Water Marks
Drift Lines
Sediment Deposits
Feld Observations: , Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: Con.) Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: (in.) .'Local Soil Survey Data
r FAC-Neutral Test
? (on.)
Depth to Saturated Soil: _ Other (Explain in Remarks)
Remarks:
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: ???J
Applicant/Owner:
Investigator: rJ4
Date: /,* - 8 - co
County: 14LI cu_-x.1W.u
'state: id , L •
Do 'Normal Circumstances exist on the site? Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: _
(If needed, explain on reverse.)'
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
i - 1i tow ynov& e, 9.
2.tium us - AI' ee4 e.,'Yo/'' 10.
3.A_- F_V_ "K/5942M 'C.. 11.
4.LIC uw"m SnNt o.) _ ??? 12.
5. ?F- ?IU lJ S FA- C,
? 13.
6l /U / Gtr =1?A) _
l m, ?4_ MCI _ 14.
7.'2t? Px? S Ixr-f?t?T'U ?. N" ??• 15.
8. 16.
Percent of Dominant Species that are OBL. FACW or FAC V,
(excluding FAC-).
Remarks: rr
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake, or Tde Gauge Primary Indicators:
Aerial Photographs _ Inundated
Other Saturated In Upper 12 Inches
_
No Recorded Data Available _
_ Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations. Drainage Patterns in Wetlands
Second-ay Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: (in.) Local Soil Survey Data
s FAC-Neutral Test
Depth to Saturated Soil: Gn.)
I _ Other (Explain in Remarks)
Remarks:
A140
INTERMITTENT CHANNEL
EVALUATION FORM
C WI'r ;i;-PC,
ACTION ID APPLICANT NAME )AM, 7W '; DATE b- . e>-4)0
PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.) CSNL.v S
WATERBODY/RIVER BASIN 1?ylc, COUNTY/CITY 0L--LK{ -Pji& lj c G'??? ;r CA
RECENT WEATHER CONDITIONS
Observation Comments or Description
./ i I h/Shellfish/Crustaceans Present
Benthic Macro Invertbrates
v Amphibians Present/Breeding
/?
Algae And/Or Fungus (water.qua1ity'function)'
x Wildlife Channel Use 71-7 tracks, feces, shells, others)
Federally Protected Species Present (Discontinue)
C
Riffle/Pool Structure
Stable Streambanks
x - Channel Substrate
(i.e. gravel, cobble, rock, coarse sand)
Riparian Canopy Present (SP =h 50°/a closure)
Undercut Banks/Instrearn Habitat Structure
Flow In Channel
Wetlands Adjacent To/Contig. With Channel (Discontinue)
Y, Persistent Pools/Saturated Bottom
1, (June thm Sept.)
r Seeps/Groundwater Discharge (June thru Sept)
x Adjacent Floodplain Present
Wrack Material or Drift Lines
Hydrophytic Vegetatiodin/adjacent to channel
Important To Domestic Water Supply? Y A
Does Channel Appear On A Quad Or Soils Map? Y ' N
Approx. Drainage Area: At,
Determination:
Perennial Channel (stop) 8 Important Channel: LF PROJECT MGR Initials
Intermittent Channel (proceed) Unimportant Channel: LF
Ephemeral Channel (no jd) (attach map indicating location of importarrt/unimportant channel)
Ditch Through Upland (no jd)
Evaluator's Signature:
(15f o er thanfl.0.. project manager)
P=Present SP=Stongly Present NP=Not Present
NCDWQ Stream Classification Form
Project Name: 104WAt4 U14GSSRiver Basin: CA11441%,p,-
'?P*1r_
DWQ Project Number: Nearest Named Stream:
( avs?r- mac)
County: HW_(r 4V Evaluator: 6,kt7 S 1VP-d Lf_ ?-
Latitude: Signatures=g;?
Date: ?o-B-UO USGS QUAD: ?MDJMQ ISLE Longitude: Location/Directions:
*PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary.
Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this
rating system should not be used*
Primary Field Indicators: (Circle One Number Per Line)
2) Is The USDA Texture In Streambed
5) Is There An Active (Or Relic)
Is A Continuous Bed & Bank Present? 0
10) Is A 2° Order Or Greater Channel (As Indicated
PRIMARY GEOMORPHOLOGYINDICA TOR POINTS:
2
H. Hydrology Absent Weak Moderate Strong
1) Is There A Groundwater
PRIMARY HYDROLOGY INDICATOR
Secondary Field Indicators: (Circle One Number Per Line)
3) Does Topography Indicate A
SECONDARY GEOMORPHOLOGYINDICATOR
II. Hydrology Absent Weak Moderate Strong
1) Is This Year's (Or Last's) Leaflitter
4) Is Water In Channel And >48 Hrs. Since 0 .5 1 1.5
5) Is There Water In Channel During Dry 0
1.5
SECONDARYHYDROLOGYMDICA TOR POINTS: E-
8) Are Wetland Plants In Streambed? SAV Mostl OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL
(* NOTE. If Total Absence Of All Plants In Streambed 2 75 .5 0 0
As Noted Above Skt This Ste UNLESS SAV Present* .
SECONDARYBIOLOGYINDICA TOR POINTS.
TOTAL POINTS (Primary +Secondary)(IfGreater Than Or Equal To 19 Points The Stream Is At Least Intermittent)
PRIMAR Y BIOL 0 GY INDICA TOR POINTS:__7 _
NCDWO Stream Classification Form
Project Name: ,'_ .,_ River Basin: 6A4k,-1&-A County: M8UL e PV Evaluator: CJ4-LjS14pj -
DWQ Project Number: Nearest Named Stream: Latitude: Signature: "lus
Date: &-O-do USGSQUAD: Moo xpy&3 1SL.( Longitude: Location/Directions:
*PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary.
Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this
rating system should not be used*
Primary Field Indicators: (Circle One Number Per Line)
2) Is The USDA Texture In Streambed
5) Is There An Active (Or Relic)
9) Is A Continuous Bed & Bank Present? 0 1 2
('NOTE: It Bed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score-0*)
10) Is A 2nd Order Or.Greater Channel (As Indicated 1
PRIMARY GEOMORPHOLOGYINDICA TOR POINTS:
II. Hydrology Absent Weak Moderate Strong
1) Is There A Groundwater
Flow/Discharge Present? 0 CD 2 3
PRIMARYHYDROLOGYINDICA TOR POINTS:__?_
PRIMARYBIOL0GYINDICATOR POINTS.
Secondary Field Indicators: (Circle One Number Per Line)
3) Does Topography Indicate A
SECONDARY GEOMORPHOLOGYINDICA TOR POINTS
H. Hydrology Absent Weak Moderate Strong
1) Is This Year's (Or Last's) Leaflitter
4) Is Water In Channel And >48 Hrs. Since 0 .5 ( 1.5
Last Known Rain? (*NOTE. It Ditch Indicated In #9 Above Skip This Stev And #5 Below*)
5) Is There Water In Channel During Dry 0 .5 1 1.5
TOTAL POINTS (Primary +Seconday)-"- (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent)
8) Are Wetland Plants In Streambed? SAV Mostl OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL
(* NOTE: If Total Absence Of All Plants In Streambed 21 .75 .5 0 0
As Noted Above Ski This Ste UNLESS SAV Present* .
SECONDARYBIOLOGYINDICA TOR POINTS.
SECONDARYHYDROLOGYINDICATOR POINTS: & , ?
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