20001449 Ver 1_Application_20001117

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®®1449

Beatty Road
Residential Development
Gastonia, Gaston County
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. Bob Dienst
Dienst Enterprises
125 Easton Drive
Mooresville, NC 28117
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
PAYMENT
RE~E~~E~
*Subject to verification by the USACE
Date: 11 /00

0'~'1~~9
DEM ID: -CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): ~~~~
PRE-CONSTRUCTION NQTIPICATI4I~ APPIsICAT~®N
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 4Q1 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL 2~,NAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRSATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : ~i'• ~l~ /,/f ~ ~,f ' ~ ~lt°i/-S~T ~ `~'j~r~S'GS
2. MAILING ADDRESS: l~ ~~~~'` ~/~-
SUBDIVISION NAME:
~~ ~~
CITY: ~fb~''~Y<~~ STATE: - /~`~~' ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAI-LING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME): (WORK) 1r7~"3~- Olz?L
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIP~,, ADDRESS,
PHONE NUMBER:
_~~h l~~-s~'
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRP_PHIC
MAP OR AERIAL P OTOGRAPHY WITH SCALE): /
COUNTY: (~~~ NEAREST TOWN OR CITY: G9~,S~I~--
1

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
5~ ~F~~~c (o~C,r ~,
6. IMPACTED OR NEAREST STREAM/RIVER: ~~ G~ l.J~/GG~.~ ~~~~'L-
RIVER BASIN : ~~.f ~/~,c.c.~~'.X~ ~/l/fl~/
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [ ] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHTN A NORTH CAROLINA DIVISION OF COASTIas,
MANAGEMENT AREA OF EI~TIRONMENTAL CONCERN (AEC) ? YES [ ] NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT I5 THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 40 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [~ NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) ~ ~,~joy~ ~~ j~j~pp~j~~'??~.
8b. ARE ADDITIONAL P~'RMI REQUESTS EXPECTED FOR THIS PROPERTY IN TH E
FUTURE? YES [ ] NO j/]'~IF YES, DESCRIBE ANTICIPATED WORK: ~'~P #~(Z-
-- - --- ~ ~'' `(~[~Y~TI Gv~ Cl~~t1 ~~7-~'l S -~p ~,P~ a P~ l I r'12~..

9a. ESTIMATED TOTAL
'9b . EST/hM~A~TED TOTAL
~ . ~i /~Z/Y~ NUMBER OF ACRES IN TRACT OF LAND: ±/ ~JCv /.~-LY-C~`
NUMBER OF ACRES nO_ F~WETLANDS LOCATED~~OQN PROJECT SITE
,~ ~ GJ ~G~-S' w ~~KiC / GC.~
z

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING : ~ D. ~ ~ /.~-C.~'GS EXCAVATION
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED : ~'D • `~/ ,~G/~
lOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, P.~QVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)
aC C%vSS~ -YS dr
LENGTH BEFORE: _~p~o0 LC FT AFTER: O FT
WIDTH BEFORE (based on normal high water contours): ~ '~~r FT
~
WIDTH AFTER: FT

AVERAGE DEPTH BEFORE : / ~
G ~~^ f !2 FT P_FTER :
O
FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: ~ CONSTRUCTION OF A DAM; FLQ1J~ NG:
.OTHER : ~ ~ ~~'Celiy~/1 M C~-C715 Q.~.~ / tJ I /~G4..}}--Qr~-~- ~.1~ ~ 1
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?

WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: ° 1/2" X 11" DRAWINGS
ONLY):
l!!
13. PURPOSE OF PROPOSED WORK:

3

15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS} (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT-THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT: DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO ~(IF N0, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [
b: IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ) NO [
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD B~
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA ?7603-8003, TELEPHONE [phone].
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT TN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 20',
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQtTIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
J 1,/y /y O/~/ ,
1
f. IF APPLICABLE, WHAT IS PRCPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 4©1 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3 ) ( IN TILE TTv~NTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
~5~~,~ ',~~ A ' S~ 5~ IGNATURE
(AGENT'S SIGNATURE VALID 0 LY
IF AUTHORIZATION LETTER FROM
THE OWNER iS PROVIDED (18g.))
/ ~ l/"
DA E
5

LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
November 15, 2000
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
1621 Mail Service Center
Raleigh, NC 27669-1621
Mr. Pete Colwell
NCDENR -Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: + 136 Acre Beatty Road Residential Development, Gastonia Gaston County, North Carolina-
Nationwide Permit #39 and Nationwide Permit #14
Dear Sirs:
On behalf of my client, Mr. Bob Dienst, 1 am requesting confirmation of eligibility to impact
approximately 660 linear feet of intermittent and perennial streams to make individual road crossings over
individual streams to develop -this site for residential development. Buffers are proposed along the
streams. Approximately 41 acres of the site is undeveloped open space. Large undisturbed areas will be
retained along the creeks in rear yards. No streams are impacted to develop lots.
BACKGROUND
The project site is located in rapidly developing area of Gastonia, southwest of Charlotte, NC. The current
adjacent land-use is undeveloped and primarily former agricultural land in secondary succession,
powerline R/W, and woodland. There are approximately 11,000 linear feet of streams on or adjacent to the
project site. Over 94% of the streams on this site will remain. The site is within the drainage area of
Catawba Creek, a tributary of the Catawba River.
DESCRIPTION
Wetland Hydrology and Hydric Soils
The riparian areas can be classified as Palustrine Forested Broad Leaved, Scrub Shrub, Temporarily to
Seasonally Flooded (PFOlA, PSS1A). According to Natural Resource Conservation Service, Technical
Guide-Section II-A-2, June 1991, Chewacla (ChA) soils is listed as Map Units with inclusions of Hydric
Soils in Gaston County.

Beatty Road Project, Page 2
November 15, 2000
Hydrophytic Vegetation
Vegetation in wetland and riparian areas are dominated by Facultative, Facultative Wet, and Obligate
Vegetation and include black willow, green ash, willow oak, red maple, sweet gum, alder, silky dogwood,
greenbriar, poison ivy, anal others.
SUMMARY DF WATERS DF 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 were be identified as described in the manual.
SUMMARY of WATERS OF THE UNITED STATES
Surface Waters Perennial Stream -Catawba Creek (±4,600 1f) + 1.58 acres
Perennial Stream -Catawba Creek (± 2,400 1f) + 0.33 acres
Int./Perennial tributaries (± 4300 if -important) + 0.59 acres
Intermittent tributaries (± 500 lf) + 0.05 acres
Wetlands + 0.23 acres
Total + 2.78 acres
SUMMARY of IMPACTS (NWP #I4)
Surface Waters Int./Perennial tributaries (± 510 lf/NCDWQ; + 24 lf/USACE) + 0.06 acres
SUMMARYofIMPACTS (NWP #39)
Intermittent tributaries (± 1501f/NCDWQ; + 3 lf/USACE) + 0.02 acres
Wetlands + 0.10 acres
1~ETLANDS PERMITTING AND MITIGATION
Avoidance, Minimization, and Mitigation
The following best management practices will also be employed to minimize impacts to Jurisdictional
Waters. These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.

Beatty Road Project, Page 3
November 15, 2000
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.
f) 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.
Proposed Compensatory Mitigation
The remaining streams will be protected by an average SO' vegetated buffers measured from the top of the
bank. Where necessary due to construction conflicts, the minimum buffer shall be 3S'. In these cases,
the buffer will be wider than SO' to the extent feasible on the opposite side of the creek.
PR®TECTION FROM FUT~IRE DEVEL®PMENT
The preserved wetlands and streams will be protected from. future impacts by the applicant or by a group
designated by the applicant for this purpose by deed restriction or similar mechanisms. Development of
these areas will be deed restricted in accordance with restrictive covenants, 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
(Helianthus schweinitzii) and the Carolina heelsplitter. 5chweinitz's sunflower thrives in full sun
characteristic of succession fields, margins, and forested openings. The site is characterized by extensive
overgrowth and forested areas. 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 US
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.
State Protected Species
The Carolina Darter (Etheostoma Collis) is a fish. that inhabits small streams such as those found in the
project area and may occur in Culvert Branch. This species has a federal. status of Proposed Special
Concern and. a state status of Special Concern. The species prefers small clear streams of less than 1 S'
width with moderate to swift current and asand/gravel benthic composition. It apparently tolerates a wide
range- of water quality conditions and vegetation types adjacent to the streams and appears resistant to
pollution. (E. Menhinick). Therefore, strict adherence to an approved erosion and sedimentation control
plan will be maintained during the construction period in order to control degradation of water quality.

Beatty Road Project, Page 4
November 15, 2000
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 tributaries of Catawba Creek in the Catawba River
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.
CONCLUSION
Based on the value of the jurisdictional waters and wetlands on this site, the developer has chosen to
balance the site's economic viability with its environmental value and permitabiliry. The goal of the plan
is to help balance the environmental consequences of this development by minimizing impacts to a
beneficial aquatic resource, which will help, maintain or minimize degradation. of waters of the U.S.
downstream of the project.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
---~~
nard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200030972 County Gaston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Landmark Associates, Attn: Mr. Bob Dienst
Address: 19315 West Catawba Ave., Suite 200 ~,~ ~~"`~. [~}
Cornelius, NC 28031 Rl t
t~ r~ tP
~`
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Residential project located on approx. 147 acre tract between Beatty Rd. and Stroup Rd.;
SW of Elmores Crossroads.
Description of Activity:
Fill approx. 0.3 acre of headwater wetlands and < 150 LF of an unn. trib. to Catawba
Creek for the purpose of accomodating the construction of the above referenced residential
development.
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.
26 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. For any activity
within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
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 June 6, 2000
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 11, 2002
cc: Mr. Leonard S. Rindner
CESAW Form 591
Rcvised July 1995

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