HomeMy WebLinkAbout20021311 Ver 1_COMPLETE FILE_20020818W A TF Michael F. Easley, Governor
0? 9 William G. Ross Jr., Secretary
O" pG North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
co
Division of Water Quality
Mr. Jonathan Marshall
Cabarrus County
P.O. Box 707
Concord, NC, 28026-0707
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Marshall:
October 23, 2002
DWQ# 02-1311
Cabarrus County
You have our approval, in accordance with the attached conditions, to place fill in 0.065 acre of wetlands and 145
linear feet of perennial streams in order to construct the Christenbury Parkway project in Cabarrus County, as described in
your application received by the Division of Water Quality on August 19, 2002, and in additional correspondence received
September 19, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3375, which can be viewed on our web site at http://h2o.onr.state.nc.us/ncwetlands. This Certification
allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us 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 culvert must be designed, constructed and placed to allow aquatic life passage;
2. 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, 6714 Mail Service Center,
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 Samar Bou-Ghazale in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in
the Central Office in Raleigh 919-733-9721. Questions regarding stormwater requirements should be directed to Todd St.
John in the Central Office at 919-733-9584.
Sincerely,
Ii ek,
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Wendell Overby, 236 LePhillip Court, Suite C, Concord, NC, 28025
021311
MEMORANDUM
TO:
SUBJECT:
John Dorney
Non-Discharge Branch
Regional Contact:
WQ Supervisor:
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Christenbury Parkway County Cabarrus
Project Number 02 1311 County2
Recvd From APP Region Mooresville
Received Date 8/19/02 Recvd By Region 10/2/2002
Project Type road crossing
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 0551W-7-0 N F_- 13-17 F -cI - 30,711. 0.07 145.00 145.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y DQ N Did you request more info? 0 Y O N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y Q N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 352231 Longitude (ddmmss) 804353
Comments:
cc: Regional Office
Central Office Page Number 1
Date:
Triage Check List
?d Project Name. l?
DWQ#:
County: (?YlJQ ,r?us
C
To: ? ARO Mike Parker
? FRO Ken Averitte
MRO Mike Parker
? RRO Steve Mitchell
From:
? WaRO Deborah Sawyer
? WiRO Joanne Steenhuis
? WSRO Jennifer Frye
Telephone : (919) 73,3 q6 'tb
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
;r-_`'-°a -4-f-urination and distance to blue-line surface waters on USFW topo maps
-
Minimization avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
C '
C
??
I
ommen ts:
S
'M S
2? 5
`?'
WATF
o AOG
o Y
August 26, 2002
DWQ # 02-1311
Cabarrus County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Cabarrus County
Attn: Jonathan Marshall
Post Office Box 707
Concord, NC 28026-0707
Dear Mr. Marshall:
On August 19, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetland for the purpose of a road crossing in Cabarrus County.
Approval from DWQ is required to disturb these areas. Please provide seven copies of the following
information and refer to the DWQ# listed above in your reply. In particular as described in 15A
NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show
these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your
projects' compliance with 15A NCAC 2H .0500.
1. Is crossing # 2 a stream?
2. The road crossing may result in preventing aquatic life passage as well as destabilization of
the existing stream. Please provide design information that provides for aquatic life
passage. Also, please provide a design and supporting documentation that indicates that the
stream's stability will be maintained.
Please telephone Todd St. John at 919-733-1786 if you have any questions or would require
copies of our rules or procedural materials. This project will remain on hold as incomplete in
accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when
this information is received. If we do not hear from you by writing within three (3) weeks we will
assume you no longer want to pursue the project and will consider it withdrawn.
cc: Mooresville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Sincerely,
R. Dorney
40 Water Quali
Program
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
Alan W. Klimek, P.E., Director
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Soil & Environmental
236 LePhillip Court, Suite C • Concord, North Carolina 28025
www.SatidEC.coni
Transmittal
To: NC DENR-DW
2321 Crabtree Blvd. Ste. 250
Raleigh, NC 27604
We Transmit to you Herewith:
® Drawings
® Specifications
? Brochures or photos
® Correspondence
? As per your request
Consultants, PA
Phone: (704) 720-9405 • Fax: (704) 720-9406
Project #: 5-1070 Date:
Project Name:
File:
9/18/2002
19
? For your information and files
® For comment or approval ? By courier
® Returned for correction, resubmit ® By express
? Approved as noted
No. Copies Document No. Date Description
7 Response coverletter
7 x 3 Site plans
7 x 2 USACE regional conditions
7 Cross-sectional culvert drawing
Remarks: Jt The enclosed information is in response to
,ust 26 letter to Jonathan
Marshall at Cabarrus County Planning Dept. Please call me with questions or comments.
Thank you,
Wendell Overby
If enclosures are not as listed as above, kindly notify us at once.
By:
Greensboro Office: Hickory Area Office_ Raleigh Office:
3817-E Lawndale Drive 710 Boston Road 11010 Raven Ridge Road
Greensboro, NC 27455 Taylorsville, NC 28681 Raleigh, NC 27614
Phone: (336) 540-8234 Phone: (828) 635-5820 Phone (919) 846-5900
Fax: (336) 540-8235 Fax: (828) 635-5820 Fax: (919) 846-9467
Environmental
Consultants,
Phone: (704) 720-9405 • Fax: (704)
September I8, Q2?
NC DENR-DWQ
Attn: Todd St. John
2321 Crabtree Blvd., Ste. 250
Raleigh, NC 27604
Re: DWQ#02-1311
Dear Todd:
EIJ j y ?0W
L,j IL
I'm writing in response to a letter you sent to Mr. Jonathan Marshall with the Cabarrus
County Planning Department dated August 26, 2002. In response to item number 1
crossing #2 does not impact a stream As for crossing #I the cross-section drawings
prepared by the engineer show the proposed pipes buried more than 1 foot below grade
thereby allowing aquatic passage. The crossings will comply with the USACE
Nationwide 14 regional conditions as attached.
As for locating all streams on the property we have located all `Waters' on the project.
The project is linear and affected jurisdictional features have been flagged by S&EC,
located by survey and reviewed by Steve Chapin (USACE). The surrounding land use is
cultivated farmland. No other impacts are proposed with this project and we do not see
justification in extending the delineation. The impact maps provided show adjacent
topography for location purposes.
We were unable to meet the 3-week response period outlined in your letter in large part
because we were not directly sent a copy of the letter. In the future we would appreciate
being copied on such correspondence for projects in which we've prepared the permit
application.
Sincerely,
Wendell Overby
Greensboro Office: Hickory Area Office: Raleigh Office:
3817-E Lawndale Drive 710 Boston Road 11010 Raven Ridge Road
Greensboro, NC 27455 Taylorsville, NC 28681 Raleigh, NC 27614
Phone: (336) 540-8234 Phone: (828) 635-5820 Phone (919) 846-5900
Fax: (336) 540-8235 Fax: (828) 635-5820 Fax: (919) 846-9467
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• E. NWP #14 - Linear Transportation Crossings
1. Natural channe 1 design must be applied to the maximum extent practicable for stream
relocations. The N.C. Wildlife Resources Commission and the N.C. Division of Water Quality
provides Guidelines that are available to assist in the planning and design.
2. Bank-full flows (or less) shall be accommodated through maintenance of the existing
bank-full channel cross sectional area. Additional culverts at such crossings shall be allowed
only to receive flows exceeding bank-full.
Approach Fill
Roadway
Culvert buried
Burkfall below streambed
to appropriate
Baffle/ Stream depth
Blockage Bottom
3. Where adjacent floodplain is available, flows exceeding bank-full shall be
accommodated by installing culverts at the floodplain elevation.
• Appm&6 Fill
?.-. RoAwap
000
Floodplain
Elevatioat
7. This NWP cannot be used for private projects located in tidal waters or tidal wetlands.
8. The activities associated with this NWP require a pro-construction notification if they
will result in the loss of greater than 150 total linear feet of perennial streambed or intermittent
stream that exhibits important aquatic function(s).
F. NWP #18 - Minor Discharges
1. This NWP may not be used in conjunction with NWP # 14 to create high ground for road
access using NWP #14.
0
B. Prohibitions and Special Conditions for Use of All Nationwide Permits
1. For all Nationwide Permits, discharges into Waters of the United States designated by
either the North Carolina Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife
Resources Commission (NCWRC) as anadromous fish spawning area are prohibited during the
period between February 15 and June 30, without prior written approval from NCDMF or
NCWRC (see address in item I,A,6) and the Corps.
To obtain information on a moratorium in specific waters and other information due to
anadromous fish spawning activities, please contact:
NC Division of Marine Fisheries, 3441 Arendell Street, Morehead City, NC 28557. Telephone 252-726-
7021 or 800-682-2632.
North Carolina Wildlife Resources Commission, Habitat Conservation Program Manager, 1721 Mail
Service Center, Raleigh, NC 27699-1721. Telephone (919) 733-7638.
2. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
3. For all Nationwide Permits that allow for the use of riprap material for bank stabilizatior>
filter cloth must be placed underneath the riprap as an additional requirement of its use in North
Carolina waters.
4. NWPs may not be used for activities that may result in the loss or degradation of greater
than 300 total linear feet of perennial stream or intermittent stream that exhibits important
aquatic function(s). [Note: The Corps uses the Intermittent Channel Evaluation Form, located
with Permit Information on the Regulatory Program Web Ste to aid in the determination of the
intermittent channel stream status.]
5. For all NWPs that involve the construction of culverts, measures will be included in the
construction that will promote the safe passage of fish and other aquatic organisms. All culverts
in the 20 CAMA coastal counties must be buried to a depth of one foot below the bed of the
stream or wetland. For all culvert construction activities, the dimension, pattern, and profile of
the stream, (above and below a pipe or culvert), should not be modified by widening the stream
channel or by reducing the depth of the stream. Culvert inverts will be buried at least one foot
below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48
inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional condition would result in more adverse impacts to the aquatic
environment.
Roadway
Approach Fill I BankBrR
Curvert buried
below stn embed
to appropriate
Stream depth
bottom
so 77
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42
Environmental
US Army Corps of Engineers-Regulatory
Attn: Mr. Steve Chapin
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Mr. Chapin and Mr. Dorney:
Consultants, PA
Phone: (704) 720-9405 - Fax: (704) 720-9406
www.SandEC.com
A
] i?
I L,
r _ ..
August 15, 2002
S&EC #5-1070
NC DENR-DWQ
Attn: Mr. John Dorney
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
The purpose of this letter is to request the use of Nationwide Permit 14 for the proposed
Christenbury Parkway near Concord, NC. The proposed Christenbury Parkway is located
approximately 1 mile west of Interstate 85 and upon completion will connect Christenbury and
Derita roads (35°22'31"N, 80°43'52.72"W). The site is shown on the attached USGS Topo Quad
vicinity map. Impacted channels are unnamed tributaries to Rocky River.
Proposed impacts to `Waters' will total 3,849 square feet (.09 acres) including 145 linear feet of
stream channel from road construction (see attached construction plans). Impacts will involve
piping of a 7'-wide stream channel and filling one jurisdictional wetland area (see plans).
Connection of Concord Mills Parkway to Christenbury Road as per the Cabarrus County
thoroughfare plan is the purpose of the project. The proposed stream crossing will occur
perpendicular to the impacted channel. Three 90" pipes are designed for the proposed stream
crossing. The impacted wetland is of low quality and cannot be avoided due to its location
relative to Concord Mills Road (see plans). One nearby stream and one adjacent wetland have
been avoided by the proposed corridor alignment. Because impacts are below thresholds we
believe the NC DWQ will not require compensatory mitigation.
Included are: (1) a completed Pre-Construction Notification application, (2) signed Agent
Authorization Form, (3) USGS Site Vicinity Map, (4) Soil Survey Map (5) Site Plans, (6)
Crossing Profile, (7) Wetland data forms, and (8) a check for 401 fees.
Sincerely,
? oezol u
Wendell Overby
NC Licensed Soil Scientist
NC Registered Forester
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: (336) 540-8234
Fax: (336) 540-8235
Hickory Area Office:
710 Boston Road
Taylorsville, NC 28681
Phone: (828) 635-5820
Fax: (828) 635-5820
Raleigh Office:
11010 Raven Ridge Road
Raleigh, NC 27614
Phone (919) 846-5900
Fax: (919) 846-9467
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.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 14
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Cabarrus County
Mailing Address: PO Box 707
Concord NC 28026-0707
Attn: Jonathan Marshall
Telephone Number: (704) 920-2141 Fax Number: (704) 920-2019
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Jonathan Marshall
Company Affiliation:
Mailing Address: Cabarrus County Planning, Services Dept.
PO Box 707
Concord NC 28026-0707
Telephone Number: (704) 920-2141 Fax Number: (704) 920-2019
E-mail Address:
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 1 I 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: Christenbury Parkway
2. T.I.P. Project Number (NCDOT Only
3. Property Identification Number (Tax PIN): N/A-linear romect
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): I-85 to Exit 49 Speedway Blvd.
Take Speedway Blvd/Concord Mills Rd west. Proposed road between Derita and
Christenbury Road. (see attached vicinity maps)
5. Site coordinates, if available (UTM or Lat/Long): 35°22'31"N. 80°43'52.72"W
(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:
Agricultural and residential
7. Property size (acres): Linear project
8. Nearest body of water (stream/river/sound/ocean/lake): Rocky River
9. River Basin: Yadkin
(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/.)
Page 4 of 12
10. Describe the purpose of the proposed work: Construction of Christenbury Parkway Road
following Cabarrus County thoroughfare plan Impacts to `Waters' will occur to access
upland areas by connecting, to existing roads.
11. List the type of equipment to be used to construct the project: Heavy machinery including
12. Describe the land use in the vicinity of this project: Agricultural, residential, and
commercial shopping center
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12
1. Wetland Impacts - See attached table
Wetland Impact Area Located within Distance to
Site Number Type of Impact* of 100-year Floodplain** Nearest Stream Type of Wctland***
(indicate on impact (yes/no) (linear feet)
ma) (acres)
1 Fill .065 no 60 Seep
2 N/A
3 N/A
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mecnamzea clearing, grauing, iiu,
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 (FF.MA) Flood Insurance Rate Maps
(FIRM), or FF,MA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.pov.
••• 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: linear project
Total area of wetland impact proposed: 0.065 acres
2. Stream Impacts, including all intermittent and perennial streams - See attached table
Stream Length Average
Impact Site of Permit Width of Perennial or
Number Type of Impact* Impact Stream Name** Request Stream Intermittent?
(indicate on (linear Before (please specify)
ma) feet) Impact
1 Pipe 145 UT to Rocky River 14 7 Perennial
2 N/A
3 N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
,www.Ms.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toPozone.com,
,Aww.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 145
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA NA NA NA NA
Page 6 of 12
• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Proposed impact to occur at perpendicular angle. Impact is minimum necessary for crossing.
Proposed road will connect to existing road and existing wetland area cannot be avoided.
Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Page 7 of 12
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/ncwetiands/strmgide.html.
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.
Avoidance of other jurisdictional wetlands. Minimum impacts needed to construct road.
Pipes will be buried below grade as per USACE regional conditions. Since impacts below
thresholds compensator mitigation should not be rNuired by the NC DWQ.
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.us/wm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
VIII. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federaUstate/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
Page 8 of 12
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* I ,^^[mpact `\ I Multiplier R'equi*ed
I 1 N/A I 3 I N/A
1 2 N/A 1.5 N/A
Total I N/A I I N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Sediment and erosion controls will be in place at the time of construction.
Page 9 of 12
XI. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Project is proposed road
XII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIII. 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).
e?llnl?
i /z
Applicant/Agent's Signature // I Date
(Agent's signature is valid o if an authorization letter from the applicant is provided.)
Page 10 of 12
G OPO? _-
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JURISDICTIONAL
CHANNEL 7' WIDE
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NOTES
THIS PROPERTY IS SUBJECT TO ALL OTHER RIGHTS-OF-WAY
AND EASEMENTS OF RECORD NOT OBSERVED AT THE TIME OF
ORIGINAL SURVEY WHICH MAY BE DISCLOSED BY A FULL AND
ACCURATE TITLE SEARCH.
WETLANDS DELINEATED BY OTHERS.
IMPACT DELINEATION SUMMARY TABLE
TYPE SO. FT. (CH & JW LINEAR FEET CH ONLY
CROSSING 1 CH 1015 145
CROSSING 2 JW 2834
1
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'CHRISTENBURY PARKWAY
I WETLANDS DELINEATION
EXHIBIT
DATE: 8-06-02 SCALE: NO SCALE
Y a xi,=-Wne,yix E
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PROPOSED
CHRISTENBURY PARKWAY
WETLANDS IMPACT EXHIBIT
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PROPOSED STORM DRAINAGE PIPES
- - EXISTING CONTOUR
`O co Ii 646 - PROPOSED CONTOUR
CHANNEL WETLANDS °C° I I I - - - - - DELINEATED WETLANDS
?-_ c?'/A/S oPOs
145 L.F. DISTURBED
FOR ROAD CONSTRUCTION , NOTES_________________
SEE SHEET 1 FOR LOCATION
? THIS PROPERTY IS SUBJECT TO ALL OTHER
FLAG '•' ° RIGHTS-OF-WAY AND EASEMENTS OF RECORD NOT
#204 OBSERVED AT THE TIME OF ORIGINAL SURVEY WHICH
MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE
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N&w Cabarrus County
office Box 707, Concord, N.C. ' 28026-0707
pAw.t (704) 920-2141
pt?NwwjDmajptj= _ Christerbury Road Permit
Date: May 13, 2002
The De wbment of ft Army
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v 2002
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VxecAM* CM AU LO eases the pmpwty whan ammpuded by S&BC sett You dmM all SUC
to ars m a she westing paor to vLdttr? the site
Cabarrus Count'
Applicant Applicant Signature WwAWUO%wby
to Mt. Johtt.Da Soil
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17
Name KANNAPOLIS Location 035' 22' 35 6" N 080° 43' 51 1" W
Date 12/19/2001 Caption Proposed Road
Scale 1 inch equals 2000 feet Chnstenbury Farms
SEC #5-1070
Copynght (C) 1997 INaplech. Inc
J
Christeubury Parkway
Cabarrus County Soil Survey
August 2002
S&EC #5-1070
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 236 LePhillip Ct, Suite C
Raleigh, North Carolina 27614 Concord, North Carolina 28025
(919) 846-5900 (704) 720-9405
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Christenbury Farms Date: 2/12/02
Applicant/Owner. Cabarrus County County: Cabarrus
Investigator: W. Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID: seeD
Is the site significantly disturbed (Atypical Situation)? X Yes _No Transect ID:
Is the area a potential Problem Area? -Yes X No Plot ID: wetland
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Tatum Indicator
1. Salix nigra Tree OBL 9.
2. Liquidambar styraciflua Tree FAC+ 10.
3. Rubus arbutus Herb FACU 11.
4. Typha latifolia Herb OBL 12.
5. Carex sp. Herb FACW 13.
6. Ulmus alata Shrub FACU 14.
7. Ludwigia sp. Herb OBL 15.
8. 16.
Percent of Dominant Species that are O BL, FACW,or FAC
(excluding FAC- : 71
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
x No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Pattems in Wetlands
Field Observations: Secondary Indicators (2 or more required):
N?A x Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: (in.) -Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: (in.) x FAG-Neutral Test
Other (Explain in Remarks)
-
Depth to Saturated Soil: /0 (in.)
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 236 LePhillip Ct., Suite C
Raleigh, North Carolina 27614 Concord, North Carolina 28025
(919) 846-5900 (704) 720-9405
Project/Site: Chdstenbury Farms Plot ID: wetland
AM S
Map Unit Name Drainage Class: pooriy
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Fluvaauentic endoaquept Confirm Mapped Type? x Yes _ No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10YR 414 Silt loam
6-12+ B 2.5Y 4/2 Silty clay laom
2.5YR 4/8
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
x Aquic Moisture Regime x Listed on Local Hydric Soils List
x Reducing Conditions x Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _No Is this sampling point within a wetland?
Wetland Hydrology Present? x Yes _No x Yes _No
Hydric Soils Present? x Yes _No
Remarks: SOIL ,
ELt 4"
?r
(?C ?,u?,,? i try ,
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 236 LePhillip Ct, Suite C
Raleigh, North Carolina 27614 Concord, North Carolina 28025
(919) 846-5900 (704) 720-9405
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Ch6stenbury Farms Date: 2/12/02
Applicant/Owner. Cabarrus County County: Cabarrus
Investigator: W. Overby State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? -Yes X No Trensect ID:
Is the area a potential Problem Area? -Yes _ CX No Plot ID: upland
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. 9.
2. 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 0
Remarks:
Uplands in cultivated fields of soybeans
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
x No Recorded Data Available -Drift Lines
-Sediment Deposits
Drainage Patterns in Wetlands
-
Field Observations: Secondary Indicators (2 or more required):
_Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: n/a (in.) -Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: n/a (in.) -FAG-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: n/a (in.)
Remarks:
Wetland Delineation Performed By
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919) 846-5900
Soil & Environmental Consultants, Inc.
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
(704) 720-9405
Project/Site: Christenbury Farms Plot ID: upland
SOILS
Map Unit Name Drainage Class: well
(Series and Phase): Mecklenburg Field Observations
Taxonomy (Subgroup): Ultic HapludaIf Confirm Mapped Type? _ Yes X No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 Ap 5YR 4/4 Loam
6-15 Bt1 5YR 4/6 Clay
15-25 Bt2 5YR 4/8 Clay
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
-Reducing Conditions -Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? -Yes x No
Wetland Hydrology Present? -Yes x No
Hydric Soils Present? -Yes x No
Is this sampling point within a wetland?
Yes X No
Remarks: