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HomeMy WebLinkAbout20020382 Ver 1_COMPLETE FILE_20020313. r„ O?aF V N4, 7,?QG fj r > 0 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 17, 2004 Mr. Scott Hebebrand Pappas Properties, LLC C/o LandDesign, Inc. 223 North Graham St. Charlotte, NC, 28202 Subject Property: Rock Island Road Residential Community Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 02-0382 Mecklenburg County Approval of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions Dear Mr. Hebebrand: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.11 acres of wetlands and to excavate and/or fill 600 linear feet of streams for the purpose of constructing a pond at the subject property, as described within your revised application dated August 27, 2004 and received by the N.C. Division of Water..Quality (DWQ) on August 30, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USAGE). This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243).In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650: 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands Carolina No°e atura!!y y ii '0991-669LZ `DN `g210lt,-j `z01110D ao?nzaS I?t,pq OS9I `Xj?lt,na zaIt,AA, Jo uo?s?ni(I uu?IoxuD gvoN `Ilun sputpoAVIot oql of uolloldtuoo jo alt,ogllioo pagot,nt, agi uznlaz of pazznbaz si juuoilddu aqj `suotwog?pout juanbosgns Xut, put, `saing zajjng aiquoiiddt, zo uogvoUgjoD ,?j?lunb zalt,Ak lot, agj unp?nn panozddu )Izonn lit, jo uo?;aldutoo uodn uopoldmoD jo oroUpioD •s wofozd aqj posualaz st,g saoznosag put,-1 jo uo?siniQ aip Imp a}t,p ag; jo sgpuoui xi ?s u?411n pazo;saz apt,-72 JUMN111 agl put, panouTaz aq iit,gs Xbip `olqup?ont,un si szalt" put, spuupann ut sao?nap 1041103 uoi = put, luaus?pas jo woumuld 31 algt,o?jot,zd;uaM umut?xna aqj of szaium zo spuupom u? paot,ld aq jou Ilugs saznsuauc lozluoo uo?soza put, juaunpaS szaTt,m zo spuupaM u/m saznst,aW lanuoD uo?sozg 2g juouupoS ON I, •znooo saint zo `sainivis `spzt,puuis Xj?lt,nb zairm alt,is jo suo?It,lo?n ou jap os pouuo3zad aq llugs `soopouzd juma2umW isag lo4uoo uo?soza put, juaui?pas jo aout,uajuFm put, `uo?it, zado `uo?I ii?jsu? `u2?sap agj 2u?pniout `sa???n11ot, t, uogonz;suoo. sly •uo?jt,ogrjoN uo?joruqsuo3-azd age uT pa;oidap smt,dun age jo juu(boo3 age puo.aq st,azu ut,ut,du zo `smirm `sputliom ut znooo llt,gs punt Aup jo ijg zo `spgos `l?ods `aistm oN \ o zo `s o od `a st,o Pu??I?'? Ii.z3 P?i S I? S ? t?c1 N '£ w V lonuoD uotinllod uout,;uaut?paS aql jo sjuaTmAnbaz aqj ipjm oout,pzooou u? uo?it,uzt,loaz aqj xpjm klduzoo ism uoumuouioldun put, saznsuoui uoijum oat ags p •lvnuvjV SiquIN amfing vuglo. DD TfVOM 01P Jo uo?szan Iuaoaz jsout agj qj!M aout,pzooou ui pou?t,ju!um put, `palt,zado `papt,isui `pau2?sap aq isnui saznsuaui 104u03 wompos put, uo?soza ag; `soils j?d mouoq zo3 •o wafozd aip ip!m pact,?oosst, si?d mouoq posuol zo poumo-zolot,zJuoo fu?pnlou? `sioafozd (pods) of?d alswA put, `saj?s rnozzoq `sac?s uolion4suoo lit, uo pou?uju?t,ut aq llt,gs saotnap ags •lvnuvyV 1oiluoo uoisoig puv iuazugpaS vugloivD i1li0)1 ag;.Jo uoTS.Ian;uaoaz Isoux age u? paid?odds sluaurazinbaz agj `paaoxa zo `lunba Sags jugj eons aq isnui saznsuouz loz4uoo uoisoza put, juounpos agj;o aouuuaju!m put, `uoiit, zado `uol 11risui `u2Tsop aqj •q •lvnuvyy u8isaa puv 8uguuvld 10rIuo3 uogso rg puv;ua1Uzpas vuzlo.IvD YVON agj Jo uo?szan Iuaoaz ISOM agj gjim aout,pzOOOt, ui pau?Mu?um put, `pajundo `paiiinsu? `pain?sap aq jsnui joafozd age zoo saznst,auz 104u03 ;uauz?pas put, uo?soza agy t, :spzuput,;s szajv/A ao-e ns loa;ozd of zapzo uT saopo't'm juauia2LU-Uw ;sag Bons jo aout,ua}u?um put, uotvzado put, uo?jt,llt,jsu? `aisop zadozd aqj 2unuan02 suo?W1oi?cads lit, g;?nA aoilduzoo pn3 ul aq jsnuz saoijot,zd lozluoo luauz?pas put, uoisozg saoPot,zd.loz4uoD 1119uupaS V uo?sozg •Z ( 4 oxen 5s) V/N szajjng (sazot,) V/N sza?u? uu03 NDd (sazot,) i I sPut,iWA k VWVD/t Ot, t,0/LZ/8 PaWp uo?s?naz uuo3 NDd Paiig zo/puu p01t,nt,ox0 JaaJ 009 um % aouazajag zo u011t,oo7 ut,ld (silul1) panozddV iunouiy :t100Z `LI zaquialdaS b 3o Z QSU l ?rr7 `Saniadoi-r svddv-T Pappas Properties, LLC Page 3 of 4 September 17, 2004: 6. The upper edge of the pond shall be no deeper than three (3) feet in order to allow establishment of an emergent wetland area and fringe. The pond outlet should also be designed to allow a continuous low flow to the stream below; 7. 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 and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http•//h2o.enr.state.nc.us/ncwetlands ; 8. A Stormwater Master Concept Plan is attached to and made a part of this certification. The City of Charlotte Engineering and Property Management Division has endorsed this plan and will provide reviews/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the Stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. All development in Berewick (including the Rock Island Road Residential Community) as defined on the approved conditional zoning plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District. (Total Berewick land area = 745.88 acres). In addition to the removal of 85% TSS from runoff for all areas having greater than 20% impervious in the Critical Area and 24% in the Protected Area, a minimum of 95% of all impervious cover in Berewick (including the Rock Island. Road Residential Community); irrespective of the impervious cover within any individual development "pod", shall also have a minimum of 85% TSS removal. 85%. TSS removal shall be achieved by the use of stormwater management practices designed according to the latest version of the NC DENR Stormwater Best Management Practices Manual. For the aggregate total of the maximum "allowable impervious cover"' in Berewick (including the Rock Island Road Residential Community) (432.86 acres) no more than 21.5 acres of impervious cover within proposed low density development areas may be permitted without BMP's sufficient to provide 85% TSS removal. Any specific area of Berewick (including the Rock Island Road Residential Community) proposed to be developed at less than 20% impervious in the Critical Area or 24% in the Protected Area, where 85% TSS removal is not provided for all impervious cover, shall as a minimum provide velocity dissipation by dispersion of stormwater with non-erosive velocities at the boundary of the SWIM (stream) buffer(s). A tabulation of impervious cover in Berewick (including the Rock Island Road Residential Community) shall be submitted with every request for individual development "pod" or sub-area of development, clearly indicating the amount of impervious cover proposed within the specific project and the cumulative impervious cover for all of Berewick (including the Rock Island Road Residential Community) including a breakdown of the impervious area receiving less than 85% TSS removal; 9. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers; Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, YA £AaHl Ob(BznquoplooW)xaogZ8£OZO :omuolt3 SQFJ It,iluaO MoD alt3 OOUJO It,uol2021 allinsazooW 2I-IQ aogj0 lt,uot?ag alllnsazooIN aMQ QOTJJO PIOIJ AzoIt,ln2ag altinagsV HDVSfl ttsz-ZOZ8Z Ols `aIIol-Mg0 "IS guno3 Ist,g 009 `a1lolivu Jo AIi0 °uoszapuv 'A:1 Mzg:nuw SOT8Z `ON `snnagt,y?l `aut,7 ant,gsa?lodS biL£ `zaupu?l ua-I :oo uoilalduzo0 jo alt,oigpioD ZOtb£ OO :samsoloug g•d "VU-IIIX 'Ak UVIV lov r-lt? `,ilazaoulS 669I-£99-bOL It, OOIJJO InuolBag alllnsazooW aAA,Q agi ui uosugof URV zo T ZL6- L -6161t, of lolu-d ui zOUJO It,z4ua0 QIP ut XIozu-l ipu, D auogdala; ast,old `suoilsonb ,cut,ant,g noA 3I •joV za;nAk ut,a10 agp jo i0t7 uoiloaS zapun Xj!juna mjvAk jo uolsinlQ aql Jo nnatnaz ag1 sajalduioo zonal siq L u?UL g - t, zoj jst, no,C ssalun 2ui mq put, Inug ant, suoilipuoo sll pun uoilt,oUiazao szgI 'bIL9-669LZ 'O'rI `g$ialt,2I :1700Z `Li zaquiaidaS t'Jo fi aBt,d n-T-T `sautadoi.T sbddtA W A Tfi?QG r D Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 3, 2004 Mr. Scott Hebebrand Pappas Properties, LLC C/o LandDesign, Inc. 223 North Graham St. Charlotte, NC, 28202 Subject Property: Rock Island Road Residential Community Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 02-0382 Mecklenburg County Approval of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions Dear Mr. Hebebrand: You have our approval, in accordance with the attached conditionns and those listed below, to place fill within or otherwise impact 0.21 acres of wetlands and 150 feet of streams and to flood 600 linear feet of streams for the purpose of constructing a pond at the subject property, as described within your revised application dated August 27, 2004 and received by the N.C. Division of Water Quality (DWQ) on August 30, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243).In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non- discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h): This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: None Carolina 401 Wetlands Certification Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650, 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919.733-6893 / Internet: httg://h2o.enr.state.nc.us/ncwetlands Pappas Properties, LLC Page 2 of 4 September 3, 2004: Amount Approved (Units) Plan Location or Reference Stream 150 feet filled 600 feet flooded PCN Form 404/CAMA Wetlands 0.21 (acres) PCN Form Waters N/A (acres) Buffers N/A (s uare ft.) 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borro?r sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits as ociated with the project. c. For borrow pit sites, the erosion and sediment contro? measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project.. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Pappas Properties, LLC Page 3 of 4 September 3, 2004: 6. The upper edge of the pond shall be no deeper than three (3) feet in order to allow establishment of an emergent wetland area and fringe. The pond outlet should also be designed to allow a continuous low flow to the stream below; 7. 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 and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 8. A Stormwater Master Concept Plan is attached to and made a part of this certification. The City of Charlotte Engineering and Property Management Division has endorsed this plan and will provide reviews/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the Stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. All development in Berewick (including the Rock Island Road Residential Community) as defined on the approved conditional zoning plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District. (Total Berewick land area = 745.88 acres). In addition to the removal of 85% TSS from runoff for all areas having greeter than 20% impervious in the Critical Area and 24% in the Protected Area, a minimum of 95% of all impervious cover in Berewick (including the Rock Island Road Residential Community),'Xrrespective of the impervious cover within any individual development "pod", shall also have a Minimum of 85% TSS removal. 85% TSS removal shall be achieved by the use of stormwater management practices designed according to the latest version of the NC DENR Stormwater Best Management Practices Manual. For the aggregate total of the maximum "allowable impervious cover" in Berewick (including the Rock Island Road Residential Community) (432.86 acres) no more than 21.5 acres of impervious cover within proposed low density development areas may be permitted without BMP's sufficient to provide 85% TSS removal. Any specific area of Berewick (including the Rock Island Road Residential Community) proposed to be developed at less than 20% impervious in the Critical Area or 24% in the Protected Area, where 85% TSS removal is not provided for all impervious cover, shall as a minimum provide velocity dissipation by dispersion of stormwater with non-erosive velocities at the boundary of the SWIM (stream) buffer(s). A tabulation of impervious cover in Berewick (including the Rock Island Road Residential Community) shall be submitted with every request for individual development "pod" or sub-area of development, clearly indicating the amount of impervious cover proposed within the specific project and the cumulative impervious cover for all of Berewick (including the Rock Island Road Residential Community) including a breakdown of the impervious area receiving less than 85% TSS removal; 9. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers; Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Pappas Properties, LLC Page 4 of 4 September 3, 2004: Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Alan Johnson in the DWQ Mooresville Regional Office at 704-663-1699. AWKlcbk Enclosures: GC 3402 Certificate of Completion Sincerely, Alaif W. Klimek, P.E. cc: Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105 Matthew W. Anderson, City of Charlotte, 600 East Fourth St., Charlotte, NC 28202-2844 USACE Asheville Regulatory Field Office \\ DWQ Mooresville Regional Office DLR Mooresville Regional Office File Copy Central Files Filename: 020382Rock(Mecklenburg)401REV2 FW: Rock Island Road Project DWQ 02-0382 revised 12/... Subject: FW: Rock Island Road Project DWQ 02-0382 revised 12/11/03 From: "Len Rindner" <lrindner@carolina.rr.com> Date: Sun, 12 Sep 2004 15:25:12 -0400 To: <cyndi.karoly@ncmail.net> Cyndi: Thanks for your very quick response. I have been so busy with my daughters wedding that I completely forgot that I had sent this to you. But, there is a little mistake in your letter that everybody thinks it will need to be fixed because of how scrutinized this project is. In the first paragraph - to place fill or otherwise impact ± 0.11 acres of wetlands and excavate 600 linear feet of intermittent stream for the purpose of constructing a pond at the subject property.... They're excavating to avoid a high hazard dam - Mike reviewed the channel with me and it would not require mitigation. I guess the chart needs to be fixed too. Stream - 600 feet excavated and/or filled Wetlands - 0.11 acres Thanks. Len From: Len Rindner [mailto:lrindner@carolina.rr.com] Sent: Friday, August 27, 2004 9:53 PM To: cyndi.karoly@ncmail.net Subject: Rock Island Road Project DWQ 02-0382 revised 12/11/03 Cyndi: I've missed e-mailing you - have you missed me? LOL I'm sending to you a package with a minor revision to this 401 WQC directly to you so that it doesn't get mixed up with new applications. Mike Parker reviewed the site with me on July 8, 2004. Let me know if you have any questions. Hope your doing good. 1 of 2 9/13/2004 10:52 AN 401 ISSUED LEONARD S. RINDNE% PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 Fax (704) 847-0185 August 27, 2004 Ms. Amanda Jones WETLANDS/ 401 GROU US Army Corps of Engineers - Reg. Field Office P 151 Patton Avenue - Room 208 AUG ® 20 Asheville, NC 28801- 5006 04 Ms. Cyndi Karoly - Division of Water Quality - NCDENR WATER QUALITY SECTION 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Mr. Mike Parker - NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re• Action Id 20023064, DWQ# 02-0382 revised December 11. 2003 - Rock Island Road Residential Community - Permit Extension and/or Re Authorization w/Modifieadons Request On behalf of my client, Pappas Properties, LLC, I am requesting an extension and/or a re-authorization of the Nationwide Permit required to develop the project. The permits for this project were issued on May 15, 2002, based on a submittal made on March 11, 2002. The permit included the fill of 150 <linear feet of unimportant stream and the flooding of + 450 linear feet of unimportant stream channel to construct a pond for amenity/recreational and stormwater management purposes as described in the application dated March 11, 2002. There are also + 0.21 • acres of authorized wetland impacts. The modified permit includes + 6001f of excavated unimportant stream impacts totconstruct the pond without a regulated dam. Based on a review with Mike Parker in the NCDENR on 7/8/04, mitigation is not required for these stream impacts. Wetland impacts are reduced to 0.11 acres for the project: The plan was also modified to avoid wetland impacts to construct the amenity/stormwater pond facility as directed by Steve Chapin of the USACE on 5/13/04. Very substantial investments have been made on behalf of the project including land purchase, engineering and planning, and contractual commitments to builders. The delays were due to final plan preparation, obtaining state and local approvals; and preparation of stormwater management and sedimentation and erosion control plans to satisfy state and local requirements. An extension and/or re-authorization of this permit with these minor revisions are absolutely essential to the successful development of this project as planned. Please contact me if you have any questions or require additional explanation. Thank you for your Zeonard S. Rindner, PWS Professional Wetland Scientist cc: Charles Teal - Pappas Properties, LLC Dale Stewart - LandDesign Inc. 1 %JF%J J` - 111V Y? %," J 1 wFw6l CLFl" l A"F 1 KE,V 1 - 1 ytll?P?8f9cA119, k? ? { ?, ?.t?.-- s i f i a? f r v ? _ 1?``?F 1?.t Cp • ?1 -"??- -? tr i i- lr ?yT ..- ti,? tS f- ? y 1. e? I.? I ?Frl ?? t" 1 t---?Y ?? ?f 'f%??}r?l{ { if Ely „•1- _ f7 ,.t ? ? ? rrr!>+rr?? ?' .-...f?-'?r*?•?? ?llr?luf ? ??,. 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L c i t % t{ C ? ? }} F 3 p Oh 400 r j y a i a fL }? f? ' Yom; to ? i ;' i s o _ 4-W) Sk ell ME Aor, tRe 4k ea M7 *6h- mw/� LEONARD S. RINDNER, PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 Fax (704) 847-0185 May 13, 2004 Mr. Steve Chapin US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 208 Asheville, NC 28801 - 5006 Re: Action Id 200230643 - Rock Island Road Residential Community - Permit Extension and/or Re Authorization Request Dear Mr. Chapin: On behalf of my client, Pappas Properties, LLC, I am requesting an extension and/or a re- authorization of the Nationwide Permit required to develop the project. The permits for this project were issued on May 15 2002, based on a submittal made on March 11, 2002. The permit included the fill of 150 linear feet of unimportant stream and the flooding of + 450 linear feet of unimportant stream channel to construct a pond for amenity/recreational and stormwater management purposes as described in the application dated March 11, 2002. There are also + 0.21 acres of wetland impacts. Very substantial investments have been made on behalf of the project including land purchase, engineering and planning, and contractual commitments to builders. The delays were due to final plan preparation, obtaining state and local approvals; and preparation of stormwater management and sedimentation and erosion control plans to satisfy state and local requirements. An extension and/or re-authorization of this permit is absolutely essential to the successful development.. of this project as planned. Please contact me if you have any questions or require additional explanation. Thank you for your consideration. Leonard S. Rindner, PWS Professional Wetland Scientist cc: Charles Teal - Pappas Properties, 40 rke,5-4 -k A00k t A6r s Owe- 00?1*, -hx Date/Time JUL-IU-LUU3lt1U) 17:Lb ,7?.. 10 03 03:22P Leonard Rindner _.,? .. U.S. ARMY COF WILMING' Action Id_ 200230643 /uK av[ utoji r.uu[ 704 847 0185 P.1 Post-ir Fax Note 7671 Date # of 0' pages To 1 From Co./Dept. Co. Phone # Phone # Fax # -747, Fax # GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Pappas Properties, LLC, c/o LandDesign, Inc. Address: 223 North Graham St. Charlotte, NC 28202 Telephone No.: Size and Location of project (water body, road name/number, town, etc.): Rock Island Road Residential Community located on approx. 175 acre tract on the north side of Rock Island Rd.; in west Charlotte Description of Activity: Construct a pond on an unnamed trio. to Lake Wylie for recreational/aesthetic purposes for the above referenced development. The pond dam will require deposition of fin material in approx. 150 LF of the tributary and in 0.11 acre of wetlands. Mitigation for the project will be done in strict accordance with submitted plans. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. 39 Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Managemenl, telephone: (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local. approvals/permits. The permittee may need to contact appropriate: State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date Mav 15. 2002 Corps Regulatory Official Steve Chapin Telephone No. (828) 271-7980 Bxpiration Date of Verification May 15, 2004 cc: Mr. Leonard S. Rindner C[:SA W Furor 591 Mr. Scott Hebebrand Pappas Properties, LLC C/o LandDesign, Inc. 223 North Graham St. Charlotte, NC, 28202 December 11, 2003 DWQ# 02-0382 Mecklenburg County APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions Dear Mr. Hebebrand: You have our approval, in accordance with the attached conditions, to place fill in 0.21 acre of wetlands, to fill 150 linear feet of intermittent and perennial streams, and to flood 450 linear feet of intermittent and perennial streams in order to construct a pond at the Rock Island Road Residential Community in Mecklenburg County, as described in your application received by the Division of Water Quality on March 13, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3362, which can be downloaded from our web site at http:Hh2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 39 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). 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 Certification replaces the one issued to you on May 10, 2002. 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 in writing 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 as well as the additional conditions listed below: 1. The upper edge of the pond shall be no deeper than three (3) feet in order to allow establishment of an emergent wetland area and fringe. The pond outlet should also be designed to allow a continuous low flow to the stream below; _ 2. --Deed riotifications or slrhilar mechanisms shall 6e piaewd on all lots with remg )rizd jurisdictio-n-at wetra?Pl?nd-WatO or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 3. A Stormwater Master Concept Plan is attached to and made a part of this certification. The City of Charlotte Enaineerin( and Property Management Division has endorsed this plan and will provide reviews/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the Stormwater Master Plan Concep must be submitted to and approved in writing by the Division of Water Quality. All development in Berewick (including the Rock Island Road Residential Community) as defined on the approved conditional zoning plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District. (Total Berewick land area = 745.88 acres). In addition to the removal of 85% TSS from runoff for all areas having greater than 20% impervious in the Critical Area and 24% in the Protected Area, a minimum of 95% of all impervious cover in Berewick (including the Rock Island Road Residential Community), irrespective of the impervious cover ' WAIF' NMENR ivaicimca r. --.Y, ---- William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality N. C. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Mr. Scott Hebebrand December 11, 2003 within any individual development "pod", shall also have a minimum of 85% TSS removal. 85% TSS removal shall be achieved by the use of stormwater management practices designed according to the latest version of the NC DENR Stormwater Best Management Practices Manual. For the aggregate total of the maximum "allowable impervious cover" in Berewick (including the Rock Island Road Residential Community) (432x86 acres) no more than 21.1s acres of impervious cover within proposed low density development areas may be permitted without BMP's sufficient to provide 85% TSS removal. Any specific area of Berewick (including the Rock Island Road Residential Community) proposed to be developed at less than 20% impervious in the Critical Area or 24% in the Protected Area, where 85% TSS removal is not provided for all impervious cover, shall as a minimum provide velocity dissipation by dispersion of stormwater with non-erosive velocities at the boundary of the SWIM (stream) buffer(s). A tabulation of impervious cover in Berewick (including the Rock Island Road Residential Community) shall be submitted with every request for individual development "pod" or sub-area of development, clearly indicating the amount of impervious cover proposed within the specific project and the cumulative impervious cover for all of Berewick (including the Rock Island Road Residential Community) including a breakdown of the impervious area receiving less than 85% TSS removal; 4. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers; 5. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 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 150B 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. 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 Mike Parker or Samar Bou-Ghazale in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office at 919-733-9721. Sincerely, /14-',Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105 Matthew W. Anderson, City of Charlotte, 600 East Fourth St., Charlotte, NC 28202-2844 020382rev Rock Island Road Residential Community Charlotte, Mecklenburg County, North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared for: Mr. Scott Hebebrand Pappas Properties, LLC c/o LandDesign, Inc. 223 North Graham Street Charlotte, NC 28202 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 846-0461 *Subject to verification by the USACE Date : 3/02 Revised 5/7/02 LEONARD S. RINDNER, PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 Fax (704) 847-0185 March 10, 2002 - Revised May 7, 2002 Mr: Steve Chapin - US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 208 Asheville, NC 28801 - 5006 Mr. John R. Dorney - Division of Water Quality - NCDENR 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Mr. Mike Parker - NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Rock Island Road Residential Community - 175 acres, Charlotte, Mecklenburg County, North Carolina - Nationwide Permit #39 Dear Sirs: On behalf of my client, Scott Hebebrand of Pappas Properties, LLC, I am requesting authorization to construct a recreational amenity pond in an intermittent stream to perennial stream. Stormwater will treated in extended detention wetlands before being discharged to the pond. The pond will also serve to meet detention requirements for the project. Approximately .21 acres of scrub shrub wetlands will be impacted. Over 90% of the wetlands, which include bottomland hardwood swamps, will be preserved on the site. The perennial streams will not be impacted by the development of this site. The site is in the Lower Lake Wylie Watershed, which is subject to strict local regulations. A Stormwater Management Plan will also be implemented for the project and will include extended detention wetlands designed according to North Carolina Stormwater Best Management Practices Manual, April 1999. The following sections present the results of the environmental planning and a description of the impacts with proposed minimization and mitigation measures. SUMMARY OF WATERS OF THE U. S. Methodology Preliminary identification and delineation 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 must be identified as described in the manual. Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Page 3, March 10, 2002 - Revised May 7, 2002 Backeround The site is in the Lower Lake Wylie Watershed (Water Classification - C). The majority of the site is a moderately sloping ridge. The steeper non-wetland riparian areas along the stream can be classified as Palustrine Forested Broad Leaved, Scrub Shrub, Emergent, Temporarily to Seasonally Flooded (PFOIA, PSSIA). According to Natural Resource Conservation Service (formerlyNRCS), Technical Guide-Section II-A-2, June 1991, Monacan (Mo) soils are listed as Map Units with inclusions of Hydric Soils. The non- wetland forested areas of the site are dominated by mixed forest. A mixture of canopy species of pines and hardwoods characterizes the Mixed Forest. Hardwoods include sweetgum, red maple, tulip poplar, and other common species. Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in Wetlands: Southeast (Region 2), US Department of the Interior, Fish and Wildlife Service. Jurisdictional Waters of the U.S. and Description 1) Intermittent to Perennial Stream (+ 750 If) + 0.07 acres 2) Perennial Streams + 0.30 acres 3) Wetlands + 2.01 acres Proposed Impacts to Jurisdictional Waters of the U.S. 1) Intermittent to Perennial Stream (± 750 It) + 0.07 acres 2) Perennial Streams (1,6001f) + 0.00 acres 3) Wetlands + 0.21 acres Total Impacts Proposed + 0.28 acres PROPOSED MINIMIZA TION AND MITIGATION The following Best Management Practices will be employed and strictly enforced 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 c) Methods to prevent short term impacts will be inspected regularly and maintained during construction of the project. d) 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. e) 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. The developers are committed to creating an environmentally responsible project. Except for temporary Mr. Steve Chapin - USACE, Mr. John R. Dorney, and Mr. Mike Parker - NCDWQ Page 4, March 10, 2002 - Revised May 7, 2002 construction and development impacts, we believe that the proposed project with the proposed mitigation will not cause significant cumulative impacts to the ecological functions or values of Jurisdictional Waters of the United States. A stormwater management plan will be implemented for the project. To compensate for the loss of aquatic resources, a wetland area will be designed adjacent to the water quality facility to meet mitigation requirements. The wetland areas will include zones of herbaceous, scrub-shrub, and bottomland hardwood zones. STORMWATER MANAGEMENT PLAN A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements. Properly designed storm drainage wetlands/filtration areas have been proven to be a viable solution to reduce pollution. Stormwater Manaeement Plan Conceuts Stormwater management becomes necessary when increasing the impervious area within an existing natural area. The impact of the increased runoff and reduction of natural filtration will be analyzed with respect to the capacity and stability of natural channels and the presence of environmentally sensitive areas. Storm water Management A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements. Stormwater runoff from paved surfaces has the potential to degrade water quality in all types of waters. Wet detention basins and/or extended stormwater detention facilities shall be the primary treatment system. Properly designed storm water treatment facilities have been proven to be a viable solution to reduce pollution. They are efficient in removing suspended solids and other pollutants, reducing peak runoff rates, and controlling downstream erosion. The Stormwater Management Plan will include facilities that will attenuate the first inch of rainfall over a 24-hour period from most of the developed portions of the site. Water will be released over a 2 to 5 day period. Discharge velocity of the discharge will be less than 5 cfs. The wet ponds and/or extended storm water wetlands will designed per the guidelines in NCDENR Stormwater Best Management Practices, April 1999. The Storm water Management Plan will also include: A. Utilization of wetland mitigation areas for storm water treatment. The design concepts will be based on information derived from Design of Stormwater Wetland Systems by Thomas R. Scholar. Summary - Within the area required to serve as an Extended Detention Wetland the permanent pool of water will be sized as closely as possible using the Table 1.1 in the Stormwater Best Management Practices, NCDENR, November. 1995. - Requirement of the detention of the runoff from the 1 " storm for a period of 2 to 5 days. Mr. Steve Chapin - USACE, Mr. John R. Dorney, and Mr. Mike Parker - NCDWQ Page 5, March 10, 2002 - Revised May 7, 2002 - Area will include a forebay - 70% of the area required will be designed as a marsh with a depth of 0 - 18", with an equal distribution of area between 0" to 9" and 9" to 18" A small pool area (15% of the required surface area) will be located near the outlet. - It is expected that herbaceous and scrub/shrub wetland species will rapidly volunteer in the area. Many of the recommended species currently exist in the area to be utilized for this function. Supplemental plantings will be selected from Table 11.2 in the Stormwater Best Management Practices, NCDENR Auril. 1999 based on actual field conditions. PROTECTION FROM FUTURE DEVELOPMENT The preserved stream and stormwater facility will be protected from future development impacts by the applicant or by a group designated by the applicant for this purpose. Development of these areas will be deed restricted in accordance with restrictive covenants, or similar mechanisms, which will be developed for approval by the USACE and/or NCDWQ. THREATENED AND ENDANGERED SPECIES Federally listed plant and animal species with endangered or threatened status are protected under the Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings. Based on a site reconnaissance, habitat conducive to support the Schweinitz's sunflower is not present in the project area. The Carolina heelsplitter is a freshwater mussel, which prefers shaded areas either, in a ponded portion of a small stream or in runs along steep banks with moderate current. Primary habitat is waters less than three feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current distribution according to the U.S. Fish and Wildlife Service is limited to portions of two streams -- Goose Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is not expected to occur on this site. CULTURAL RESOURCES The project site is disturbed from previous agricultural activities. No structures were found on the site. The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if sites are indicated on the National Historic Register within the study area. AQUATIC HABITAT The aquatic systems in the project area consist of important wetlands and streams in the Catawba Basin. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control plan will be maintained during the construction period in order to control degradation of water quality downstream and protect the areas to be preserved. Short term construction impacts, primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable Mr. Steve Chapin - USACE, Mr. John R. Dorney, and Mr. Mike Parker - NCDWQ Page 6, March 10, 2002 - Revised May 7, 2002 to promote rapid recovery. 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. 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 restoration of wetland areas that flood and pond for longer durations. CONCLUSION Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive site planning has chosen to balance the site's economic viability with its environmental value and permitability. The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this development by protecting waters downstream of the project and to preserve important bottomland hardwood habitats on the site. Please contact me if you have any questions or require additional explanation. Thank you for your consideration. cer , eonard S. Rindner, PWS Environmental Planning Consultant Office Use Only: Form Version April 2w1 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. Che k all of the approval(s) requested for this project: (? Section 404 Permit ? Section 10 Permit 01 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information 1 OumPr/Anniirant Information 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: S. Company Affiliation: Sri ?.a1- ??n sCJ Mailing Address: a? ;A f 49,,c ??. A foc 'T'elephone Number: Fax Number: 64- E-mail Address: Page 3 of 12 Telephone Number: '70?f- ?'56 - 0-6 a- Fax Number: Imo- E-mail Address: -F '? i,r. ?t v c t u-,- 0 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 l1 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: 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location 1( County: Nearest Town: 611ai Subdivision name (includ hase/lot number): Directions to site (include road numbers, landmarks, etc.): 5. Site coordinates, if available (UTM or Lat/Long): :F?• R- -t?Q /Q 66•q 9 Sq ® t4 (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: 7. Property size (acres): l 7? e-Z4, 8. Nearest body of water (stream/river/sound/ocean/lake): 9. River Basin: (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Cf A' 6,1M (AA r Page 4 of 12 14. Describe the purpose of the proposed work: d '&,C-/ 11. List the type ofequipment to be used to construct the project:. 12. Describe the land use in the vicinity of this project: JArJY* IV. Prior Project History V. VI. 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 USAGE 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 sc /hedu s. X !f1 &I-/A4, fr L/? a_ t?ld7VB// ?!C? 6..i 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 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 mgls provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts. are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts M. Wetland Impact Site Number indicate on map) Type of Impact* Area of Impact acres Located within 100-year Floodplain** (yes/no Distance to Nearest Stream (linear few) Type of Wetland*** e b f 's? ' pS- 1g P vO Odi'l . ro Q t Ise) l -b P<< (A l * List each impact s eparately and identi fy t emporary im pacts. Impacts include, but are not limited to: me chanized clearing grading fill, excavation, flooding, ditchingf drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (MA), or FEMA-approved local floodpiain Wraps- Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.femagav. *** 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: t Z • ®2 A-c'''c4 Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on. ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) 45-o L"F L;q- L ' me T/A PC e ran 0 T (f{' tG 1? 1 ,? ?? * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and assocrat Trap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net tu's7rvain stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usss.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., ww",Aopozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 2: f!;Z LA:? IaKd :? Sv L,.r --?) , ^ Page 6 of 12 2 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 watatody (if applicable) Type of Waterbody (take, pond, estuary, sound, bay, ocean, etc List each impact separably and identify temporary impacts. wMaxs metude, MR are HM ,l MViA. W. u.., W ^-b-- :r 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: 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 _t_o reduce impacts. /..w 441 /. - ,1-1 ? ? T??.,1- 1t9CrJ0A1-1f 14' CIZ4 Page 7 of 12 VIII. Mitigation 4.9 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 40 http://h2o.enr.state.ne.us/newetlands/strrngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 8 of 12 00, 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 http//h2o enr state nc uslwrplindexhtm. 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): 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 shoes 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. 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 0- If you answered "yes", provide the following information: LAUJV ..- b,) (r o f? ? t ? Pa 9 of 12 L) ff/ 4. 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* 1nPad feet (Square up ip . Required Mitigation 1 3 2 1-5 Total zui. Zone I extends out 3U teet perpertmewar II'om near oMK of CnwmuL, c vuu L wavuu., 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. M. 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 XIS. 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. XM. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? Yes ? No ? Page 10 of 12 Sewage Disposal (DWQ Only) MAR-11-2002 18:45 FROM:PAPPAS PROPERTIES 716 3939 T0:704 847 0185 P.001/002 Mar 11 02 D6128r Leonard Rindner 704 047 0185 P.1 14.1„ 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). x 3/11/02- Applicam/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 P-r4yulatory Field Office Alexander Cherokee lroddil Mitchell Union US Army Corps, of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln kowan Yancey Roam 208 Burke Gaston Macon Rutherford Asheville,NC 28901-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271.4854 Caldwell Haywood McDowell Swain Fax: (928) 271-4958 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Atamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombc Lee Stokes Yadkin 6SAlt Falls of the Neuse Road Ashe Franklin Nash Sutry Suite 1.20 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 Clarituck Jones Pia US Army Corps Of Engineers Berrie Dare Lenoir Tyrrell Post Office Box 1000 Camden Crates Makin Washington an•n, rr :, Washington. NC 27889.1000 cancret° Green Pamlico Wayne Telephone: (252) 97$-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perqunnans "Croatan National Forest Only Wilmington Regulatory Field Office Anson Daplin Onslow US Army Corps Of Engineers Bladen Harnett Fender Post Office Box 1890 Brumwick Hoke Richmond 11lilmington.NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sarnpson Fax: (910) 251-4025 Chnnberland New Hanover Scotland Page 11 of 12 MAR-11-1'_002 OG:aem TEL)704 1347 0185 ID)PAPPAS PROPERTIES PASE:001 R--96". r h m FIN b € Aga 1 nr.w '$ b.. xs 4 oa P g ?f w P? ua P . p), NCI j '4 55 $ a ?, fJ ? pD i AWE ° Sgt a n U 142 TI, if j U eft (7 J` i -.... Pmeer g s Sn i ¢. 11 PVA ! 1 i Y C °m om - - ---------- -- as.;" ¢? Pl" - 1 •' t, Wes ?. ppid?'. s`??,` nky-A Q F Z J n ?o DL C4 IN ,,?' ? ?rl i ? ? ? y ?tq 0 '•°' ?3asatnW 3irvlh f y f ? at's ?g?Sss? )? g g? F ? I ! J r--_ y T-r--1--T--i--- - l-? 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V son 1000 1500 meters, r ( I ' - ?.J.d miles 0I i USGS-CHARLOTTE W 35.1843N* 80:9934°W ] L W 5 W LLI Z ? W Q 3aa J ? 3 N O 3 ? o Q Q T S o ? z _ .e tI -.e W Z ?LLI a vwi O W C 9 WIW Xl0 2 w in Q O w a c 00, y IL W Q w z v ru J a n ? 77 w a w Q e '; Z - 0 : Z - Z W Z - w m H N U. W W CL p o o 2 o f" Z LL 0 y x a LL LL J a o O 1 C e a m ?V cn in J I- w 3 Q 0 0 LO I PY 1 r? j? N O O N i c r ? T E 2 ( U ? 0 H N Q J CL z / f W CL 0 J J 3 O \ G L' 2 0 4 O H m o`er Uj 4 \,N A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 40"'1 ISSUED Coleen H. Sullins, Deputy Director Division of Water Quality December 11, 2003 DWQ# 02-0382 Mecklenburg County Mr. Scott Hebebrand Pappas Properties, LLC C/o LandDesign, Inc. 223 North Graham St. Charlotte, NC, 28202 APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions Dear Mr. Hebebrand: You have our approval, in accordance with the attached conditions, to place fill in 0.21 acre of wetlands, to fill 150 linear feet of intermittent and perennial streams, and to flood 450 linear feet of intermittent and perennial streams in order to construct a pond at the Rock Island Road Residential Community in Mecklenburg County, as described in your application received by the Division of Water Quality on March 13, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3362, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 39 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). 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 Certification replaces the one issued to you on May 10, 2002. 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 in writing 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 as well as the additional conditions listed below: 1. The upper edge of the pond shall be no deeper than three (3) feet in order to allow establishment of an emergent wetland area and fringe. The pond outlet should also be designed to allow a continuous low flow to the stream below; 2. 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 and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http:Hh2o.enr.state.nc.us/ncwetlands ; 3. A Stormwater Master Concept Plan is attached to and made apart of this certification. The City of Charlotte Engineering and Property Management Division has endorsed this plan and will provide reviews/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the Stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. All development in Berewick (including the Rock Island Road Residential Community) as defined on the approved conditional zoning plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District. (Total Berewick land area = 745.88 acres). In addition to the removal of 85% TSS from runoff for all areas having greater than 20% impervious in the Critical Area and 24% in the Protected Area, a minimum of 95% of all impervious cover in Berewick (including the Rock Island Road Residential Community), irrespective of the impervious cover N. C. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Mr. Scott Hebebrand December 11, 2003 within any individual development "pod", shall also have a minimum of 85% TSS removal. 85% TSS removal shall be achieved by the use of stormwater management practices designed according to the latest version of the NC DENR Stormwater Best Management Practices Manual. For the aggregate total of the maximum "allowable impervious cover" in Berewick (including the Rock Island Road Residential Community) (432.86 acres) no more than 21.5 acres of impervious cover within proposed low density development areas may be permitted without BMP's sufficient to provide 85% TSS removal. Any specific area of Berewick (including the Rock Island Road Residential Community) proposed to be developed at less than 20% impervious in the Critical Area or 24% in the Protected Area, where 85% TSS removal is not provided for all impervious cover, shall as a minimum provide velocity dissipation by dispersion of stormwater with non-erosive velocities at the boundary of the SWIM (stream) buffer(s). A tabulation of impervious cover in Berewick (including the Rock Island Road Residential Community) shall be submitted with every request for individual development "pod" or sub-area of development, clearly indicating the amount of impervious cover proposed within the specific project and the cumulative impervious cover for all of Berewick (including the Rock Island Road Residential Community) including a breakdown of the impervious area receiving less than 85% TSS removal; 4. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers; 5. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 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 150B 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. 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 Mike Parker or Samar Bou-Ghazale in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office at 919-733-9721. Sincerely, 1. Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105 Matthew W. Anderson, City of Charlotte, 600 East Fourth St., Charlotte, NC 28202-2844 020382rev 9 ? 03 ./ia? 40? d? - ------ -- - --- -- ------------- - - - - ?j C? _ v. OTC WAT?9pG A May 10, 2002 DWQ# 02-0382 Mecklenburg County Scott Hebebrand Pappas Properties, LLC C/o LandDesign, Inc. 223 North Graham St. Charlotte, NC, 28202 APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions Dear Mr. Hebebrand: You have our approval, in accordance with the attached conditions, to place fill in 0.21 acre of wetlands, to fill 150 linear feet of intermittent and perennial streams, and to flood 450 linear feet of intermittent and perennial streams in order to construct a pond at the Rock Island Road Residential Community in Mecklenburg County, as described in your application received by the Division of Water Quality on March 13, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3362, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 39 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 213 .0243). 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 in writing 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 as well as the additional conditions listed below: 1. The upper edge of the pond shall be no deeper than three (3) feet in order to allow establishment of an emergent wetland area and fringe. The pond outlet should also be designed to allow a continuous low flow to the stream below; 2. 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 and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401Metlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 3. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. The structural stormwater practices and well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality; 4. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers; North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NQ 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources UED Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Page 2 of 2 5. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 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 150B 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. 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 Mike Parker or Samar Bou-Ghazale in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office at 919-733-9721. Sincerely, "V6 1 /l ZI-64 Gregory J. Thorpe, Ph.D. Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105 020382 401 ISSUED 020764 Environmental Planning Consultant Professional Wetland Scientist Land Planning = i n' , a .,E 3714 Spokeshave Lane-- Matthews, NC 28105 Tele: (704) 846-0461 Fax (704) 847-0185 LETTER OF TRANSMITTAL TO ATE: 02 jt,k^ CYO G? Get- Pec,- kA-,, PROJECT : pvc, - f S 161v ? ?W*-- d.- PROJA ITEMS SENT : Mod,-te-d COMMENTS: ey--C 0-2-, BY: It ce-- 0-- lC(?,aA <-a6,,4- COPY: -t 3 LEONARD S. RINDNER. PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 Fax (704) 847-0185 May 10, 2002 Mr. Steve Chapin - US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 208 Asheville, NC 28801 - 5006 Mr. John R. Dorney/Mr. Cyndi Karoly Division of Water Quality - NCDENR 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Mr. Mike Parker - NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Modification - Rock Island Road Community, Charlotte, Mecklenburg County, NC - + 175 Acres / USACE and NCDWQ comments Dear Sirs: On behalf of my client, Pappas Properties, LLC, I am submitting a modification to the proposed plan, as requested. This revision eliminates stormwater treatment as one of the purposes of the proposed pond. Extended detention wetlands are proposed to be constructed adjacent to the proposed pond to treat stormwater before being discharged to the pond. The pond will be utilized for recreation, amenities, and stormwater detention. The extended detention basins will be designed according to the NCDENR Stormwater BMP Manual, April 1999. Approximately .21 acres of scrub shrub wetlands will be impacted. Over 90% of the wetlands, which include bottomland hardwood swamps, will be preserved on the site. The perennial streams will not be impacted by the development of this site. The site is in the Lower Lake Wylie Watershed, which is subject to strict local regulations regarding stormwater management and treatment. Proposed Impacts to Jurisdictional Waters of the U.S. 1) Intermittent to Perennial Stream (+ 600 If) + 0.07 acres (+ 450 by flooding; ± 150 for dam) 2) Perennial Streams + 0.00 acres 3) Wetlands + 0.21 acres Total Impacts Proposed + 0.28 acres let meow if you have any questions or require additional information. L'eon'ard-S. Rffidner, PWS Professional Wetland Scientist / In LLI W N a rn z J W O 3 ? Z cn IIn z Q J F 3 Q 0 0 m m a ?4 1+1 W CL =i O W, W i x O,Q W z O a o O: y W Q Q , W D Z W y co a O U ? J < CL a Z Z O 0 ~ Q Z Z U m y U. C? O O CL C w O © Q Z u' N W V LL J J O CL o o a:a A LLI m Q f 0 O C G cn 0 ?- = O C W u C) G Iti ? O a W O Z p Z \ Z U / ^-? L.U o Q o ? Z w LU w Z w Q X w cry W ? Z J 3 U 0 0 in W N W CL o z J W ? Q O O 3 J F W ? o Q z i 4 0 m V o? r? -. ri Z rLU w a n O s w in 9 X_ Q J G a un , Z O W CL o O y CL W ur, W I CL F- N w O Q C2 `W P F. CL a O O Z Z G ~ Q Z Q F.. (? pWC Z m W y O Q C7 CL Z N 0 o o y Z L L ? W d L N N LL -j a o O e a 'IN N D Q J W 3 ti a 0 ? i 1 Qa or/ N ? O N i r r t o J IL 0 / Z a 1 v+ Z w 3 c O \ 3 G J \ uQt O H m Rock Island Road Residential Community Charlotte, Mecklenburg County, North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 40I CERTIFICATION CONCURRENCE Prepared for: Mr. Scott Hebebrand Pappas Properties, LLC c/o LandDesign, Inc. 223 North Graham Street Charlotte, NC 28202 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 846-0461 *Subject to verification by the USAGE Date : 3/02 Revised 5/7/02 LEONARD S. RINDNER. PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 Fax (704) 847-0185 March 10, 2002 - Revised May 7, 2002 Mr. Steve Chapin - US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 208 Asheville, NC 28801 - 5006 Mr. John R. Dorney - Division of Water Quality - NCDENR 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Mr. Mike Parker - NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Rock Island Road Residential Community - 175 acres, Charlotte, Mecklenburg County North Carolina - Nationwide Permit #39 Dear Sirs: On behalf of my client, Scott Hebebrand of Pappas Properties, LLC, I am requesting authorization to construct a recreational amenity pond in an intermittent stream to perennial stream. Stormwater will treated in extended detention wetlands before being discharged to the pond. The pond will also serve to meet detention requirements for the project. Approximately .21 acres of scrub shrub wetlands will be impacted. Over 90% of the wetlands, which include bottomland hardwood swamps, will be preserved on the site. The perennial streams will not be impacted by the development of this site. The site is in the Lower Lake Wylie Watershed, which is subject to strict local regulations. A Stormwater Management Plan will also be implemented for the project and will include extended detention wetlands designed according to North Carolina Stormwater Best Management Practices Manual, April 1999. The following sections present the results of the environmental planning and a description of the impacts with proposed minimization and mitigation measures. SUMMARY OF WATERS OF THE U.S. Methodoloay Preliminary identification and delineation 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. Preliminay 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 must be identified as described in the manual. Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker : NCDWQ Page 3, March 10, 2002 - Revised May 7, 2002 Background The site is in the Lower Lake Wylie Watershed (Water Classification - C). The majority of the site is a moderately sloping ridge. The steeper non-wetland riparian areas along the stream can be classified as Palustrine Forested Broad Leaved, Scrub Shrub, Emergent, Temporarily to Seasonally Flooded (PFOlA, PSS1A). According to Natural Resource Conservation Service (formerlyNRCS), Technical Guide-Section lI-A-2, June 1991, Monacan (Mo) soils are listed as Map Units with inclusions of Hydric Soils. The non- wetland forested areas of the site are dominated by mixed forest. A mixture of canopy species of pines and hardwoods characterizes the Mixed Forest. Hardwoods include sweetgum, red maple, tulip poplar, and other common species. Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in Wetlands: Southeast (Region 2), US Department of the Interior, Fish and Wildlife Service. Jurisdictional Waters of the U.S and Description 1) Intermittent to Perennial Stream (+ 750 It) + 0.07 acres 2) Perennial Streams + 0.30 acres 3) Wetlands + 2.01 acres Proposed Impacts to Jurisdictional Waters of the U.S. 1) Intermittent to Perennial Stream (+ 750 11) + 0.07 acres 2) Perennial Streams (1,600 If) + 0.00 acres 3) Wetlands + 0.21 acres Total Impacts Proposed + 0.28 acres PROPOSED MINIMIZATIONAND MITIGATION The following Best Management Practices will be employed and strictly enforced 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 c) Methods to prevent. short term impacts will be inspected regularly and maintained during construction of the project. d) 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. e) 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. The developers are committed to creating an environmentally responsible proiect. Except for temporary Mr. Steve Chapin - USAGE, Mr. John R Dorney, and Mr. Mike Parker - NCDWQ Page 4, March 10, 2002 - Revised May 7, 2002 construction and development impacts, we believe that the proposed project with the proposed mitigation will not cause significant cumulative impacts to the ecological functions or values of Jurisdictional Waters of the United States. A stormwater management plan will be implemented for the project. To compensate for the loss of aquatic resources, a wetland area will be designed adjacent to the water quality facility to meet mitigation requirements. The wetland areas will include zones of herbaceous, scrub-shrub, and bottomland hardwood zones. STORMWA TER MANAGEMENT PLAN A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements. Properly designed storm drainage wetlands/filtration areas have been proven to be a viable solution to reduce pollution. Stormwater Management Plan Concepts Stormwater management becomes necessary when increasing the impervious area within an existing natural area. The impact of the increased runoff and reduction of natural filtration will be analyzed with respect to the capacity and stability of natural channels and the presence of environmentally sensitive areas. Storm water Management A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements. Stormwater runoff from paved surfaces has the potential to degrade water quality in all types of waters. Wet detention basins and/or extended stormwater detention facilities shall be the primary treatment system. Properly designed storm water treatment facilities have been proven to be a viable solution to reduce pollution. They are efficient in removing suspended solids and other pollutants, reducing peak runoff rates, and controlling downstream erosion. The Stormwater Management Plan will include facilities that will attenuate the first inch of rainfall over a 24-hour period from most of the developed portions of the site. Water will be released over a 2 to 5 day period. Discharge velocity of the discharge will be less than 5 cfs. The wet ponds and/or extended storm water wetlands will designed per the guidelines in NCDENR Stormwater Best Management Practices, April 1999. The Storm water Management Plan will also include: A. Utilization of wetland mitigation areas for storm water treatment. The design concepts will be based on information derived from Design of Stormwater Wetland Systems by Thomas R. Scholar. Summary - Within the area required to serve as an Extended Detention Wetland the permanent pool of water will be sized as closely as possible using the Table 1.1 in the Stormwater Best Management Practices, NCDENR, November. 1995. - Requirement of the detention of the runoff from the 1" storm for a period of 2 to 5 days. Mr. Steve Chapin - USACE, Mr. John R. Dorney, and Mr. Mike Parker - NCDWQ Page 5, March 10, 2002 - Revised May 7, 2002 - Area will include a forebay - 70% of the area required will be designed as a marsh with a depth of 0 - 18", with an equal distribution of area between 0" to 9" and 9" to 18". A small pool area (15% of the required surface area) will be located near the outlet, - It is expected that herbaceous and scrub/shrub wetland species will rapidly volunteer in the area. Many of the recommended species currently exist in the area to be utilized for this function. Supplemental plantings will be selected from Table 11.2 in the Stormwater Best Management Practices, NCDENR, April. 1999 based on actual field conditions. PROTECTION FROM FUTURE DEVELOPMENT The preserved stream and stormwater facility will be protected from future development impacts by the applicant or by a group designated by the applicant for this purpose. Development of these areas will be deed restricted in accordance with restrictive covenants, or similar mechanisms, which will be developed for approval by the USACE and/or NCDWQ. THREATENED AND ENDANGERED SPECIES Federally listed plant and animal species with endangered or threatened status are protected under the Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings. Based on a site reconnaissance, habitat conducive to support the Schweinitz's sunflower is not present in the project area. The Carolina heelsplitter is a freshwater mussel, which prefers shaded areas either, in a ponded portion of a small stream or in runs along steep banks with moderate current. Primary habitat is waters less than three feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current distribution according to the U.S. Fish and Wildlife Service is limited to portions of two streams -- Goose Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is not expected to occur on this site. CULTURAL RESOURCES The project site is disturbed from previous agricultural activities. No structures were found on the site. The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if sites are indicated on the National Historic Register within the study area. AQUATIC HABITAT The aquatic systems in the project area consist of important wetlands and streams in the Catawba Basin. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control plan will be maintained during the construction period in order to control degradation of water quality downstream and protect the areas to be preserved. Short term construction impacts, primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable Mr. Steve Chapin - USACE, Mr. John R. Dorney, and Mr. Mike Parker - NCDWQ Page 6, March 10, 2002 - Revised May 7, 2002 to promote rapid recovery. 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. lmpacts 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 40.1 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 restoration of wetland areas that flood and pond for longer durations. CONCLUSION Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive site planning has chosen to balance the site's economic viability with its environmental value and permitability. The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this development by protecting waters downstream of the project and to preserve important bottomland hardwood habitats on the site. Please contact me if you have any questions or require additional explanation. Thank you for your consideration. cer , eonard S. ZRindner, PWS EnvironmePlanning Consultant 46 Office Use Only' Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: [Section 404 Permit ? S ction 10 Permit 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? x:. 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? H. Applicant Information 1. Owner/Applicant Information Name: Mailing Address: 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: n?rcC S. P?rzest ?Gce izam Company Affiliation: •rr?? ?- P/6,107 1'A s?? Mailing Address: 32 1,4. o s ?e Telephone Number: Fax Number: 9`f7 E-mail Address: Page 3 of 12 Telephone Number: '70?f- 96a - DS z? Fax Number: 'Zgwq- X32 - 3? ? E-mail Address: 4 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of /C 1 ec! ?7G-l 6Ar1l !? r 7 P 2. T.I.P. Project Number (NCDOT Only): X' 3. Property Identification Number (Tax PIN): 4. Location County: Gr d Nearest Town: Subdivision name (includ base/lot number): Directions to site (include road numbers, landmarks, etc.): o` 5. Site coordinates, if available (UTM or Lat/Long): 66,q 9 3q t4 (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: 7. Property size (acres): l7?" es?S ^ g. Nearest body of water (stream/river/sound/ocean/lake): d? A-i" 9. River Basin: ?C.al " (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) Page 4 of 12 10. Describe the purpose of the proposed a-,61 Anly-z-?dll 11. List the type of?equipment to be used"to construct the project: 61? awl 61a(n-( 12. Describe the land use in the vicinity of this project:(JAoty, ? 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 schedu s. / /12C ' / /' ! '' X /1 ???., !/t?e.,o h, 1 Cent ?JC 4 "Jle V. VI. 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 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 ni qA s . provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts 0 Wetland Impact Site Number indicate on map) Type of Impact* Area of Impact acre) Located within 100 year Floodplain** no) Distance to Nearest Stream (linear fed) Type of Wetland*** ® b -f ?? S A P(?? o f t'} o p - 5 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleating, Wading iltl, 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 IIoodplain maps. Maps are available through the FEMA Map Service. Center at 1-800-358-9616, or online at http://www.€ema.%zov. *** 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: ?` 2 • ®Z AAA K-e4 Total area of wetland impact proposed: 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on map) Type of Impact* Length of Impact lusearfee t Streams Name** Average Width. of Stream Before Im. ct Perennial or Isttermittent? lease specify) ? % 57j) t Ii' t' ( O.F- ILe- -t77 - l ' I ?y? c 1'T Pe,1ze,,r%icJ * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated n rap, daces (separately list impacts due to both stricture and flooding), relocation (inchxle linear feet before and ate and net t 6 . stabilization activities (cement wall, rip-rap, crib wall, gabicros, 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 none, list as UT (unnamed tribulary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at I-800-358-9616, or online at www.usas.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.c(n, www.m%Nuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: * &OD L'?- ±jq6 L;;:?- d 4- sD -.ne e Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any . other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (take, pond, may, sound, bay, ocean, eta * List each impact separately and identify temporary impacts. Impacts include; but are not nmitea to: tnu, excavation, area9mg, 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,. local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Page 7 of 12 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 FYI. Mitigation 41 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 minirnal. 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/newetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction- Please attach a separate sheet if more space is needed. Page 8 of 12 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 htttr//h2o enr.state.nc.us/wmAnd--cx.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): 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): ISL. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public fiends 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 ? 3L 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 sho , 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. 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: LALUV it, a w,; rva<, b / h1J12 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 e feet Muloplier Required Lion 1 3 2 1.5 Total "Lone i extends out iu teet perpermcuiar from near oanx of cnanmm; none.4 umviiub au 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 XI. Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated frojn the proposg4 project, or available capacity of the subject facility. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? Yes ? No ? Page 10 of 12 Sewage Disposal (DWQ Only) MAR-11-2002 18:45 FROM:PAPPAS PROPERTIES 716 3939 TO:704 847 0185 P.001/002 Mar 11 02 0612op Leonard Rindner 704 647 0185 P•1 r?K XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow priming time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose lirnks 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 applicants control), x 11 / UZ ApplicaritlAgelat's Signature Date (Agent's signature is valid only if an authorizatio n letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County CovePage Asheville Regulatory Field Office Alexander Cherokee lrodcsll Mitcholl Union US Army Corps of Engineers Artery Clay Jackson Polk Watauga 151 fatten Avenue buncombe Cimland Lincoln Rowan Yancey Room 208 'Burke ®aston Wean Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley 'T'elephone: (921i)271-454 Caldwell Haywood McDowell Swain Fax: (828) 271-4658 Catawba Henderson Mecklenburg, Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alluouny Edgecornbe Lee Stakes Yadkin 6$08 rails of the Neuse Road A.she Franklin Nash Surry suite 1.20 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876.8441 Davidson Guilford Perwr Warren Fax:"(919) 87&5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office US Army Corps Of Engineers Post Office box 1000 Washingwn, NC 27984- t 000 Telephone: (252) 975-1616 Fax: (252) 975.1399 1106c wt Crwrituok Jones Bertie Dare Lenoir cimaeo Crates Martin Carteret° Green Pamlico Chowan Hertford Pasquotank Craven Hyde Perquimans Pitt Tyrrell Washington .,,rl.o r Wayne •Croatan National Forest Only Wilmington Regulatory Field Office Anson Daplin Onslow US Army Corps Of Engineers Sladen Harnett Pander Post Office Box 1890 Brunswick Hoke Richmond Wilmingm.NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910)251.4D25 Caunbarland New Hanover Scotland Page 11 of 12 MAR-11-2002 06:28PP1 TEL)704 847 0185 ID)PAPPAS PROPERTIES PASE:001 R=-ror E3 m t (YS ? h dl? ?? ?qs 4 111 rye, flit ?,1S?x4 ud o ?a ,Q /.? 4TH a zms? { ?-t ? 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'w v L ~ C LL O F- c? ¢ w 1w w (D>> 1 Re: BERERD : Re: BEREWIC : Fri, 14 Nov 20031 :56:32 -0500 Cyndi Karoly <cyndi.karoly@ncmail.net> : "Todd St. John" <todd.st.john@ncmail.net> "john.dorney" <john.dorney@ncmail.net> U,/, John - I have the wording provided by Len, and have already discussed with Todd at the annual meeting. I'll handle this one and only bug you as necessary. "Todd St. John" wrote: > John and/or Cyndi, > There are a group of four 401's related to the BEREWICK PUD project. > This project is subject to something called the Lower Lake Wylie > Watershed Ordinances (Class C Waters)... The City of Charlotte has > apparently approved a master plan that will require each part of the > development to have 85t TSS removal for each subdivision in the PUD > except for possibly one low density (less than 20%- impervious) > subdivision. The City will require the construction and maintenance > (including inspections) of the BMPs per our Manual. The fact that they > can make sure they are installed and insaslled right as well as > inspected is better thaen we can do so i support the concept... (it was > actually my idea)... > Anyway, Dale Stewart and Len Rindner will be proposing some language and > providing document from the City inorder to modify the four 401s... I > will be glad to review the language if you forward it to me so that we > can modify the 401s in my absence... I told them that this may (only > may) get done in my absence if they submit a very carefully and clearly > crafted request that contains everything we need in a very clear and > very concise manner... > Todd ewd -dam i ^L? 0 n i Al, 7 yJq l 3 (s So eJ Ts v ?,1 ' l /a ?-- d a t t " , 401 rsSLUED 0 I 4A,1 ?? ?J" ?J\n, J 5 d?2. ?s?ell 1 of 1 11/14/03 ' = ?01 I SUE' Triage Check List Date: b3 - = U ?.- - To: ?RRO Steve Mitchell Project Name _ RaL -xs - A Ga1: _ ]]FRO Ken Averitte DWQ Project Number 010 ?WaRO Deborah Sawyer County L >? 1 tj ?-,AOl.t1?G ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye CARO Mike Parker ,1OMRO Pefe C.olwe3 From:M l ke. 4 - Telephone (919) 733- The file attached is being forwarded to you for your evaluation. Please call if you need ass"?.ance. trearn >angth impacted _ C Strearn detarmir on [] Wetland determ'wtion and distance to blue-line surface waters on USGW topo maps avavoidar ce issues EJ Suffer Rdes (Ne?:se, Tar-Pamilco, Catawba, Randleman) 0 Pond fiD o n P.-tios C! Drtdlk-g EIpxe the str:arn and or wetland mitigation sites available and viable? Check dmwh-oas for a6 curacy Is the 2ppBc;abon corAsistent wdh pre-application meetings? Q Qmrtafve impact coxems = r rr ? _ y-: - t r , - h '? JCS AL.? ..r^S ??ltek ,.:f?' t I M - .r~' . ~ i. i - i ~t ~ „ ~ ~ . , • t u ~ i'~ ~ i i I j~ ~I i~ y 'I I4 ` . ~ ~ I _ . ~ ; , it _ . ' i - .f~ i i i 5I i j , ~ I - ~ ~ r i m i i ~ ~ P , r;, , , , .IAi ; F 1.... ~ir I~1 , ~ . ~ ~ ~ , _ . ~ ~ , d ~ ','j :.,,r > t ~ .j 1 • I I! ~ _ 1 ~ v ~ S 1 . , I - ' y , C ~ . _ ~ . - , - , : ~ a i - ,1 ~...........s e J" I . 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C < C < ~ O~ v 0 0 y ~~11 y py ago ~ m ~ ~ W-~~IANI71~ o ~ ~ m~ vo a~ ~ v N cnmDtn z0 vcn -~~,m n~ y o c~ m< y Q w„ m DrC~ n rn~ 0 A O w sm~~ +W WNN'WQiN~71 ~Q ~ ~ N ~ c a a• Z~ c c o,~ o r ~ ~~r D .~C 0 it A W~'- ;~pVt00pVtC~OA. Wye ~ N ~ o ° ~ m ~~0~ ~ U~ N y ~ • ~ o cD ~ ~ fA -•r N a~ 3mmppp Z ~ Z~pp I ~ m ~ ~•o m D ..y S.c~ ov ~ OZ m ~ ;n m ~~7- •a ~ o~ y,° o m r <~z-~ s vp~_ D-~~ m O N N ~ 0~0 Obi ~ (0 tQ cD ~ -n ~ ~o rt ~ ~ = a a ~ ~ ~ D cn0~ ~ rmOz ~r7m o0 ~ O G !a O ~ ~ m m y y -I r _ ~r D ~ y , mm0 - Or C~0 _ <o < ~ cc' ~p-m ~ m Z - _vv m ~ zm my ~ ~ Datp: oq/o8/o3 Revisions: 223 North Graham Street 0 Designed BY: Drawn By: KPA BEREWICK r Charlotte, NC 28202 ~ CMI Scale:.1"=3oo' Phone: 704.333.o325 Project Number: Loooogi Sheet Number; Master Stormwater Management z Phone: 704.376.7777 Fax: 704.332.3246 Fax: 704.376.8235 S M Concept Plan t~ Dixie River Land Comp any, LLC G•11002oSMAD LMRRMWATERP RMWATERM PLANAn I