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HomeMy WebLinkAbout20030646 Ver 1_Complete File_20030528\o?OF W A TF9pG c') r June 18, 2003 Mecklenburg County DWQ Project #: 03-0646 Project Name: Canterbury Place APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS Hinshaw Properties, LLC Attn: Mike Hinshaw, Jr. 425-c South Sharon Amity Road Charlotte, NC 28211 Dear Mr. Hinshaw: You have our approval, in accordance with the attached conditions, to impact 55 feet of intermitt nt streams and 0.47 acre of ponds for the purpose of constructing a residential subdivision as you described in your application dated May 28, 2003. After reviewing your application, we have de ided that this fill is covered by General Water Quality Certification Number 3402, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationw de Permit Number 39 when the Corps of Engineers issues it. In addition, you should get any other f deral, state or local permits before you go ahead with your project including (but not limited to) Sedime it and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. his approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on ay 30, 2003. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 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) (6) and (7). This approval shall expire when the correspo ding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. An additional condition is a final written stormwater management plan shall be approve in writing by this Office before the impacts specified in this Certification occur. The storm water management plan must include plans and specifications for level-spreading devices as described in part XI of the application. These facilities must be designed to treat the runo ff from the entire project, unless otherwise explicitly approved by the Division of Water Qu ality. Also, before any permanent building is occupied at the subject site, the facilities (as appr oved by this Office) shall be constructed and operational, and the stormwater management pla n (as Michael F. Ea ley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natu al Resources Alan W. Klimek,?P.E., Director Division of ater 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), (hftp://h2o.enr.state.nc.us/ncwetlands May 30, 2003 Mecklenburg County DWQ Project #: 03-0646 Project Name: Canterbury Place approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as 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. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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 telephone John Dorney at 919-733-1786 or Alan Johnson at our Mooresville Regional Office at 704-663-1699. Sincerely, Alan W. Klimek, P.E., Director JRD/bs Attachments cc: Corps of Engineers Asheville Field Office Winston-Salem DWQ Regional Office File copy Central Files Len Rindner #03-646 Subject: #03-646 Date: Mon, 16 Jun 2003 11:15:57 -0400 From: Alan Johnson <AIan. Johnson@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net> Canterbury Place (03-0646) The 401 was issued, but left out information regarding a pond to be impacted (.47 acres). I visited the site. The pond was fed by a spring that is the headwaters of the stream. I was trying to get mitigation for the impact, but the 401 was issued. Regardless the pond needs approval. Alan J Alan Johnson - Alan.Johnson@ncmail.net %TITLE% North Carolina Dept. of Environment & Natural Resources Div. of Water Quality 919 N. Main St. Mooresville, NC 28115 Ph: (704) 663-1699 Fax: (704) 663-6040 Alan Johnson <Alan.Johnson@ncmail.net> %TITLE%n NC DENR - Mooresville Div. of Water Quality 1 of 1 4/ 16/03 11:31 AM r > -i May 30, Mecklenburg C DWQ Project #: 03. Project Name: Canterbury APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS Hinshaw Properties, LLC Attn: Mike Hinshaw, Jr. 425-c South Sharon Amity Road Charlotte, NC 28211 Dear Mr. Hinshaw: You have our approval, in accordance with the attached conditions, to impact 55 feet of stream for tl purpose of constructing a residential subdivision as you described in your application dated May 28, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3402, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Numb 39 when the Corps of Engineers issues it. In addition, you should get any other federal, state or loca permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This appro will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in General Certification. This approval is only valid for the purpose and design that you described in your application except a modified below. If you change your project, you must notify us and you may be required to send us 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 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) (6) and (7). This approval shall expire when the correspondin Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: Michael F. Easl , Governor William G. Ross J ., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, PIE., Director Division of W ter Quality An additional condition is a final written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwatet management plan must include plans and specifications for level-spreading devices as described in part XI of the application. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality 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 as 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 May 30, 2003 Mecklenburg County DWQ Project t 03-0646 Project Name: Canterbury Place approved by this Office as 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. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. 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 telephone John Dorney at 919-733-1786 or Alan Johnson at our Mooresville Regional Office at 704-663-1699. Sincerely, JRD/bs 0imek, Di ct r Attachments cc: Corps of Engineers Asheville Field Office Winston-Salem DWQ Regional Office File copy Central Files Len Rindner FILE COPY MAI Canterbury Place 'IATEROUALITY s 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. Mike Hinshaw, Jr. Hinshaw Properties, LLC 425-C South Sharon Amity Road Charlotte, N.C. 28211 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 1-(704) 846-0461 1 Office Use Only: Fax Number: USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer ? Section 10 Permit ? Isolated Wetland Permit from ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certificati n is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), corn lete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. Mike Hinshaw, Jr. Mailing Address: Hinshaw Properties, L: 425-C South Sharon A 2. itv Road Telephone Number: 704 362 0010 E-mail Address: Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter be attached if the Agent has signatory authority for the owner/applicant.) Name: Leonard S. Rindner, PWS Company Affiliation: Environmental Planning Consultant Mailing Address: 3714 Spokeshave Lane Telephone Number: 704 846 0461 E-mail Address: rindner(a?bellsouth.net Form Version May 4411 Fax Number: Page I of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing pr( boundaries and development plans in relation to surrounding properties. Both the vicinity and site plan must include a scale and north arrow. The specific footprints of all built impervious surfaces, or other facilities must be included. If possible, the maps and plans s include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the pr( boundaries outlined. Plan drawings, or other maps may be included at the applicant's discr so long as the property is clearly defined. For administrative and distribution purpose USACE requires information to be submitted on sheets no larger than 11 by 17-inch fc however, DWQ may accept paperwork of any size. DWQ prefers full-size constn drawings rather than a sequential sheet version of the full-size plans. If full-size plar reduced to a small scale such that the final version is illegible, the applicant will be informe the project has been placed on hold until decipherable maps are provided. 1. Name of project: Canterbury Place 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax 4. Location local map the are that County: Mecklenburg. County Nearest Town: Matthews/Charlotte Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): 5. Site coordinates, if available (UTM or Lat/Long): 35.0945N 80.7373W (Note - If project is linear, such as a road or utility line, attach a sheet that separately list the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): + 7. Nearest body of water (stream/river/sound/ocean/lake): Four Mile Creek River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Residential, undeveloped agricultural, timber, woodland. Page 2 of 8 IV. V. VI. 10. Describe the overall project in detail, including the type of equipment to be used: Proposed single family residential project 11. Explain the purpose of the proposed work: Removal of existing degraded and and darn, and stream impact to connect road to exit ing subdivision Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for project (including all prior phases of the same subdivision) in the past, please explain. Inc the USACE Action ID Number, DWQ Project Number, application date, and date permits certifications were issued or withdrawn. Provide photocopies of previously issued pe certifications or other useful information. Describe previously approved wetland, stream buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT proj list and describe permits issued for prior segments of the same T.I.P. project, along construction schedules. Jurisdictional Determination Action ID 200131334 for Pulte Homes). is de d its, d ct, ith Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated w and provide justification for the exclusion of this work from the current application. Additional impacts are not expected. rk, 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 impact wetlands, open water, and stream channels associated with the project. The applicant must provide justification for these impacts in Section VII below. All proposed impacts, perman and temporary, must be listed herein, and must be clearly identifiable on an accompanying plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown o delineation map, whether or not impacts are proposed to these systems. Wetland and stre evaluation and delineation forms should be included as appropriate. Photographs may included at the applicant's discretion. If this proposed impact is strictly for wetland or stre Page 3 of 8 to so nt ite a be mitigation, list and describe the impact in Section VIII below. If additional space is need1d for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: level Wreading devices. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within I00-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland ** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, gradin , fill, 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 aps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-96 6, or online at http://www.femaZLv. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver ond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: and pond) Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: 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? leasespecify A Fill +55 If UT of FourMile CK 3' Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/g 'n), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocati n 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 ne est downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or onlin? at Page 4 of 8 0.78 acres ( www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 55 if 4. Individually list all open water impacts (including lakes, ponds, estuaries, Ocean and any other water of the U.S.) below: 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, soup bay, ocean, etc.) , B Pond Removal NWP#39 0.47 List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, flooding, drainage, bulkheads, etc. 5. 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 sho ld 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 local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to prov information related to site constraints such as topography, building ordinances, accessibility, , financial viability of the project. The applicant may attach drawings of alternative, lower-imf site layouts, and explain why these design options were not feasible. Also discuss how impz were minimized once the desired site plan was developed. If applicable, discuss construct techniques to be followed during construction to reduce impacts. The Dian was modified to avoid and minimize impacts to the perennial streams. All the remaining streams are protected within forested common openspace. Impacts are limited to an area of a degraded Dond and dam. Stormdrainage_will be diffused over forested buffers utilizir. Page 5 of 8 VIII. Mit DW Div fres stre; US) Pen nec4 incl aqu miti but and, aqu fun( If n for lack inc( in httrl 1. 2. igation Q - In accordance with 15A NCAC 2H .0500, mitigation may be required by the C ision of Water Quality for projects involving greater than or equal to one acre of impact to hwater wetlands or greater than or equal to 150 linear feet of total impacts to pere al Ums. SCE - In accordance with the Final Notice of Issuance and Modification of Nationw ide nits, published in the Federal Register on March 9, 2000, mitigation will be required w en -ssary to ensure that adverse effects to the aquatic environment are minimal. Fact ading size and type of proposed impact and function and relative value of the impa ors ted atic resource will be considered in determining acceptability of appropriate and practic ble gation as proposed. Examples of mitigation that may be appropriate and practicable incl de, are not limited to: reducing the size of the project; establishing and maintaining wetl d 'or upland vegetated buffers to protect open waters such as streams; and replacing losse of itic resource functions and values by creating, restoring, enhancing, or preserving sim ilar ;tions and values, preferable in the same watershed. litigation is required for this project, a copy of the mitigation plan must be attached in o er USACE or DWQ to consider the application complete for processing. Any applicat on :ing a required mitigation plan or NCWRP concurrence shall be placed on hold ?mplete. An applicant may also choose to review the current guidelines for stream restorat as on DWQ's Draft Technical Guide for Stream Work in North Carolina, available at ://h2o.enr.state.nc.us/ncwetiands/strm€,,ide.html. Provide a brief description of the proposed mitigation plan. The description should prov ide as much information as possible, including, but not limited to: site location (attach directi ons and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear fe et) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan vi ew, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), an a description of the current site conditions and proposed method of construction. Please att ch a separate sheet if more space is needed. The remaining perennial streams will be protected within common forested oven s ce and b local SWIM Buffers. Mitigation may also be made by payment into the North Carolina Wetlands Restorat on Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWR at (919) 733-5208 to determine availability and to request written approval of mitigation p rior to submittal of a PCN. For additional information regarding the application process for he NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide he following information: NA Page 6 of 8 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 (required by DWQ) NA Does the project involve an expenditure of public (federal/state) funds or the use of (federal/state) 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/SEP )? Note: If you are not sure whether a NEPA/SEPA document is required, call the 5 A 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 copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts required state and local buffers associated with the project. The applicant must also prov justification for these impacts in Section VII above. All proposed impacts must be listed here and must be clearly identifiable on the accompanying site plan. All buffers must be shown o map, whether or not impacts are proposed to the buffers. Correspondence from the DN Regional Office may be included as appropriate. Photographs may also be included at applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .I (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules Water Supply Buffer Requirements), or other (please identify Yes ? No ? If you answered "yes", provide the following informatii Identify the square feet and acreage of impact to each zone of the riparian buffers. If mitigation is required calculate the required amount of mitigation by applying the multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 a to a Page 7 of 8 XI. XII. XIII. XIV. 2 1.5 Total * 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., Donati Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation r of Property , Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information s identified within 15A NCAC 2B .0242 or .0260. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the sit . Discuss stormwater controls proposed in order to protect surface waters and wetlan s downstream from the property. Impervious acreage is approximately 28% overall. Stormwater will be diffused ove the foreste buffers utilizing level spreading devices/NCDW Draft Level Spreader Design Options Versio I.Q. Plans andspecification will be submitted to NCDW for approval. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) f wastewater generated from the proposed project, or available capacity of the subject facility. CMUD Violations (required by DWQ) NA Is this site in violation of DW"etland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No P ' Is this an after-the-fact permit plication? Yes ? No Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desire construction dates to allow processing time for these permits. However, an applicant ma choose to list constraints associated with construction or sequencing that may impose limits o work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered an Threatened S ecies, accessibility problems, or other issues outside of the applicant's control). ee a c d letter regarding condition of existing and and neighborhood concerns. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 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 24, 2003 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. Alan Johnson NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Canterbury Place - Approximately 50 acres. Mecklenbure County , North Carolina - Nationwide Permit #39 Dear Sirs: On behalf of my client, Mr. Mike Hinshaw of Hinshaw Properties, LLC, I am requesting authorization to utilize Nationwide Permit #39 to impact a + 0.47 acre degraded pond and approximately 55 If of intermittent stream to develop the proposed single family community. There are no proposed impacts to the 2250 linear feet of perennial stream on the project site. As depicted on the plan the remaining streams will be protected within common open space and local SWIM Buffers. Stormwater will be filtered over the large buffer areas utilizing level spreading devices. There are no direct discharges of stormwater to any creek. 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. Methodoloey 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. 2 Background The site is within the headwaters of perennial tributaries of Four Mile Creek of the Catawba Basin (Water Classification - C). The majority of the site is flat to slightly sloping. The current land-use is single family residential, and undeveloped woodland areas. Description Wetland Hydrology and Hydric Soils These riparian areas can be classified as Palustrine Forested Broad Leaved and Scrub Shrub (PFOI A, PFO1C, PSS1A). According to the North Carolina Resource Conservation Service, Technical Guide- Section II-A-2, June 1991, Monacan (Mo) soils are listed as Map Units with inclusions of Hydric Soils in Mecklenburg County. The streams on the site are intermittent and perennial. Characteristics include persistent pools, small riffle and pool complexes (a "special aquatic site") in the perennial streams, and rocky, gravelly, and sandy channel substrate. Vegetation in riparian and along tributaries is dominated by Facultative Wet Vegetation. Jurisdictional Waters of the U.S. and North Carolina 1) Perennial Streams (± 2,250 If) 2) Intermittent Stream (55 If) 3) Pond + 0.30 acres + 0.005 + 0.47 acres Total ± 0.078 acres Proposed Impacts to Jurisdictional Waters of the U.S. and North Carolina I ) Perennial Streams (+ 2,250 If) + 0.00 acres 2) Intermittent Stream (55 If) + 0.005 3) Pond ± 0.47 acres Total ± 0.48 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. 3 MITIGATION PLAN The remaining perennial streams will be protected within forested common open space and within local SWIM Buffers as depicted on the plan. Stormwater Plan The impervious percentage for development is approximately 28%. The developer proposing to utilize a Level Spreader Design to filter runoff from the development into the forested buffers. The design will be based on guidance provided in Draft Level Spreader Design Options - Version 1.0. with Preformed Scour Holes. PROTECTION FROM FUTURE DEVELOPMENT Remaining streams and wetlands will be protected in common open space or within rear of lots. As required, deed notifications or similar mechanisms will be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of al streams and ponds on the property. COMPLIANCE WITH WETLAND REGULATIONS In accordance with Title 15 NCAC 2H.0500, the following DEED NOTIFICATION shall be recorded in the County Registry prior to the conveyance of lots. Said Deed Notification shall apply to (name of subdivision), lot numbers in County, North Carolina as shown on plans titled (subdivision name) prepared by ( name of designer) dated date: "A portion of this lot has been determined to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the requirements of the state wetland rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional wetland fill, so the property owner should not assume that a future application for fill would be approved. The property owner shall report the name of the subdivision in any application pertaining to said wetland rules. This covenant is intended to ensure continued compliance with wetland rules adopted by the State of North Carolina and, therefore, benefits may be enforced by the State of North Carolina. This covenant is to run with the land and shall be binding on all Parties and all persons claiming under them." (Signature) Owner's name Address City, state, zip Phone Number: (_ ) 4 STATE OF NORTH CAROLINA COUNTY I, , a Notary Public of the State of North Carolina, County, hereby certify that owner personally appeared before me this day and executed by above certification. Witness my hand and notarial seal, this day of , 2003 (Notary public) My commission expires 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 does not appear to be 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. The current distribution according to the U.S. Fish and Wildlife Service is limited t portions of two streams -- Goose Creek and Waxhaw Creek -- and a small river originating from rural are s in Union County. Therefore it is not expected to occur on this site. CULTURAL RESOURCES The project site is disturbed from previous residential activities. Only contemporary 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 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. 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 and enhance important wetland and stream habitats on the site. Please if you have any questions or require additional explanation. Thank you for your 'Leonard S. Rindner, PWS Environmental Planning Consultant ,7 ClOtAtECTION WITH EXISTING SUBDIVISION STREAM IMPACT DEGRADED SPACE OVERALL MAP WATERS OF THE U.S. PERMITTING PLAN FOR: CANTERBURY DEVELOPER: HINSHAW-PEARsoN COMPANY SCALE - 1"=300'. 100OZOROL(Ot Target is 35.09450N, 80.73731W - MATTHEWS quad r Quad Infol The TopoZone Is produced by Maps a la carte, Inc. - © 2000 Maps a la carte, Inc. - All rights reserved. Use of this site Is governed by our Conditions and Terms of Use. We care about your privacy - please consult our Privacy Statement for details. I of I USGS QUAD - MATTHEWS i I i ? I I U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 200131334 County: Mecklenburg Waters of the U.S. Survey/DelineationVerification Property owner/Authorized Agent: Pulte Home Corporation Address: 7422 Carmel Executive Park Charlotte, NC 28226 Telephone Number: Size and Location of Property (waterbody, Highway name/number, town, etc.): Approx. 50 acre Matthews-Weddington Road Project. Indicate Which of the following apply: X There are waters of the U.S. on the above described property which have been accuratel} flagged/delineated. We recommend that the delineated lines be surveyed. The surveyed lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. The submitted survey plat dated for the above referenced property accurately reflects the limits of waters of the U.S. on the property. Unless there is a change in the law or our published regulations, this determination may be relied upon a period not to exceed 5 years from the date of this notice. Placement of dredged or fill material in waters othe U.S. on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact: Steve Chapin at (828) 271-7980 Project Manager Signature S ?irC Date September May-19-03 01:16P Hinshaw Pvoperties,LLC 704 362-4411 P'.02 HINSI-IAW PIZO PE RMS, LU" (teal Estate Dcvelcrhment & Investment. May 19, 2003 Marc Houle Yarbrough-Williams & Houle, Inc. 730 Windsor Oak Court Charlotte, North Carolina 28273 Re: Canterbury Place Subdivision Dear Marc: As you are aware, some months ago we drained a pond, located on a tract of land that we have under contract, and is owned by Mr. & Mrs. C. A. Mermans. The Mermans purchased a home in North Mecklenburg, and left the property vacant and unattended. Earlier this year, vandals began doing significant damage to the dwelling, which is immediately adjacent to the pond. The evidence left behind by the vandals led us to believe that local teenagers were using the house and its surrounds as a place to gather in the evening. We discussed the matter with the property owner, and shared a concern that the pond was a potential liability and posed a danger to the teenagers in light of the continued trespassing and vandalism at the property. We agreed that the pond needed to be drained for safety reasons, and with the Mermans' approval, we drained it. We understand you are proceeding with permitting the removal of the pond and hope that this will not create more difficulty. ZI ?ichael y, W. Hinshaw, Jr. 4?.`?-(;5?unh Sbamn Arnirv Road • C;liarlurtc. NC 28?11 • 11:1cpho lic Z04-302-0010 - lax ;'()•1 ih., -1411 - - Received Time Mayd 9, 2:57PM MecKieneurg Lounry, iN? ruLHiu3 http://maps2.co.mecklenburg.nc.uslservletlcom. esri. esrimap.Esrimap?ServiceName=RealE... 5/24/2003 http://maps2.co.mecklenburg.nc.uslservletlcom.esri.esrimap.Esrimap?ServiceNwne=RealE... 5/24/2003 - --v- - - - POLARIS Property Ownership Land Records Information System Date Printed: Sat May 24 11:30:32 EDT 2003 BUFFERS r• r This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the Information contained herein. http://maps2.co.mecklenburg.nc.uslservletlcom.esri.esrimap.Esrimap?ServiceName=RealE... 5/24/2003 .1 All If `? r Ilk 1 yrt ? + r 1 7??, I ?,? ? y /! a DEVELOPER: HINSHAW-PEARSON COMPANY SCALE - 1'-80' r i 'I I ? Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Draft Level Spreader Design Options Version 1.0 October 10, 2001 Using Level Spreaders to Provide Diffuse Flow Through Buffers for Compliance with Riparian Area Protection Rules Level spreaders are one means of providing diffuse flow through protected buffers. It is always preferable to not concentrate stormwater initially and provide as many outfalls as possible. This can reduce or even eliminate the need for engineered devices to provide diffuse flow. However, this is not feasible in many cases. Some buffer protection rules such as the Neuse, Catawba, and Tar-Pamlico Riparian Area Protection Rules do not allow direct discharges of stormwater through the protected buffers. However, it is "allowable" with written approval from the DWQ to provide best management practices (BMPs) that remove the nutrients or pollutants in question in order to discharge directly through the buffer. These measures could include the use of the buffer itself as a forested filter strip, for instance, to remove the desired substances. In addition to providing diffuse flow, level spreaders can be used to distribute flow into filter strips. There are certain criteria that apply to every design that utilizes level spreaders to provide diffuse flow: 1) The entire system must safely pass a 10 year storm event without failing or causing erosion, gullies or rills. 2) The design of the level spreader must take into consideration site specific conditions such as topography, vegetative cover, soil and other geologic conditions. If diffused flow is not attainable based on site conditions they should not be used. (i.e. the slope of the natural ground away from or parallel to the level spreader should be relatively smooth in the direction toward the stream so that the flow will not reconcentrate.) 3) Level spreaders should have a minimum length of ten feet and an absolute, maximum length of 300 feet. 4) It is always easier to keep flow distributed than to redistribute it after collection. 5) The type and amount of vegetative ground cover must also be considered. 6) Level spreaders must be level. Level Spreader Design Options: Conventional level spreader design option where entire discharge is passed through the level spreader with no bypass conveyance for larger storms: • For grass or thick ground cover vegetation: 1)13 feet of level spreader for every 1 cis flow (Based on Q10 discharge) ii) maximum length of 300 feet per level spreader ill) Slopes of 8% or less from level spreader to top of stream bank • For forested areas with little or no ground cover vegetation: 1) 100 feet of level spreader for every 1 cfs flow (Based on Q10 discharge) ii) maximum length of 300 feet per level spreader ill) slopes of 6% or less from level spreader to top of stream bank Another conventional level spreader design technique that can be used to accommodate steeper slopes where grading is allowed or exempt in zone 2 of protected buffers is to provide level spreaders in series as follows: • Can be used on slopes of up to 15% for forested areas and 25% for grass or thick ground cover • Structural level spreader just outside of zone 2 followed by a grassed berm level spreader just outside of zone 1 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 276042260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), htto://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 • Maximum Q10 discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader for grass or thick ground cover In some instances, because of topography, the size and imperviousness of the drainage area, or other site constraints, conventional level spreader designs are not appropriate. However, there are alternative designs, like the ones listed below, that would allow a level spreader to function properly by bypassing the larger discharge events. This is based on the assumption used in designing most water quality BMPs that the "first flush" of stormwater discharge contains the most substances of concern. These other alternatives are "allowable (require written approval from DWQ)" for protected buffers in the Neuse, Tar-Pamlico and Catawba basins, but would not be allowable in protected buffers of the Randleman watershed. Level spreader with bypass for larger drainage areas that require 85% TSS removal or where lateral constraints limit the level spreader length severely: • Dry detention basin designed per NCDENR Stormwater BMP Manual" sized to detain 1" rain and release it over 2-5 days" through a level spreader. • Level spreader length based on the maximum release rate discharge • Discharges from greater than a 1" rain can be bypassed via an appropriate conveyance such as a grassed swale (rip rap lined ditch or pipe may be used if necessary) • Maximum discharge of 1 cis per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader for grass or thick ground cover in order to most 85% TSS Removal criteria) Another bypass alternative can be used that would not be considered to remove 85% TSS: • Detention basin such as a type B silt basin preceding the level spreader • Level spreader length based on the 1" per hour intensity storm • A system designed to bypass the greater than V in per hour intensity storm through an appropriate conveyance such as a grassed Swale (rip rep lined ditch or pipe may be used if necessary) • Maximum discharge of 1 cfs per 100 feet of level spreader for forested areas and 1 cfs per 13 feet of level spreader for grass or thick ground cover Yet another design that can be used in very specific areas with virtually flat slopes is a Preformed Scour Hole with a Level Spreader Apron (typical detail attached): • Discharge area must have virtually flat slopes such as those in flood plains or wetlands • Must be located outside of zone 2 • B = 3 x discharge pipe size for pipes of either 15 or 18 inches B= base width (see detail) • Maximum allowable discharge (Q10) of 6 cis for a 15 inch pipe and 10 cis for an 18 inch pipe • Minimum apron width of 4 feet. Any of the above options will be considered acceptable if designed in accordance with the outlined criteria. Please keep in mind that some of the above practices may still require written approval, for instance when a direct bypass discharge is proposed through a protected buffer in the Neuse or Tar-Pamlico River Basin. PLAN VIEW P1F° or- Oul .a :g'C:li?r'P 5 "our I ip Rig rash n for cia SECTION A-A ?v*lo d flue 1 3tu a1 ?r o"ond, D d r r< pt-a or Dftth Outlet C'tl`mlr?? d Naturci€ Ursrs= css_„QRlQ Faux -t F-- ?? ;--I" tuC-K° _thick wvtfi Piter Fabric 10/1011,01 DWQ Project No. DIVISION OF WATER QUALITY - LEVEL SPREADER WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name : Contact Person: Phone Number: Level Spreader ID: Level Spreader Length ft. Drainage Area ac. Impervious Area ac. Maximum Filter Strip/Buffer Slope % grass Max. Discharge from a 10 Year Storm cfs Max. Discharge to Level Spreader CIS Filter Strip/Buffer Vegetation Pre-treatment or Bypass Method II. REQUIRED ITEMS CHECKLIST (perpendicular to flow) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6% for forested, leaf littler cover, 8% for thick ground cover)* (thick ground cover or grass, canopied forest with leaf litter groundcover) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. Applicants Initials Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter. Pre-Form Scour Holes are on flat slopes only No structures are located in protected buffers* If bypass method specified in the Draft Level Spreader Design Option Document: Bypass method is specified (if applicable) and plan details and calculations are provided Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. No structures are located in protected buffers. Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. * Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. Waters (acres) Buffers (square feet) The following condition is recommended when a stormwater management plan is required. This typically applies to projects that are over 30% impervious or have concentrated areas of development within a project that are over 30% impervious. It is recommended that the need for a stormwater management plan be established prior to issuing any approvals. The applicant should also demonstrate that there is adequate space allotted for the proposed BMP and that an the BMP appropriate to the stream classification is used (i.e. wetlands, pond with forested filter strip, or bioretention in sensitive watWheds per the GC's). $$) ?Nritten Stormwater Management Plan An additional condition is that a final, written stormwater management plan a n and Mai'fe-n hall be approved in writing by this Office before the impacts specified in this Certification occu6 -----? The storrwater manaaement plan must include_tz , ns ands ecifica ion r For heel-rrgw vptfaakies that-ere-apRropriate-for-surface-water-a-classdied- s.--_._.and,designed o ngr tcrthe-most recent version of the-NC DENR Stormwater,Best Q?<<y, n "MeRagullIVIrt . These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by 04M# this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. (OpP6n94,9r4graphs) fW abo condition shall-apfly unless it is demonstrated in writin_„to t1 at sfaction 's ?Jffice at the impervious area of the entire, ki prDjeetsl`ia"1?1 be less tla and that there re no areas.of concentrated impervioGs ar 1446? hin the proje such ?;?ut not lim' d to, enmmerial areas,`'mult' amity, club s usec, at `'l c l} 6 ctitect disc ages to streins from as, ors. / e shall be q g re A State StoG ater Per (15 A NC?C 2H .1000 6n be considered tpe't this polti . ,eft 'e The following conditions can be used in any situation where diffuse flow is required through protected buffers. The first condition can be used for projects that have adequately addressed this issue as part of the application process. The second can be used when the issue is not well addressed. $$) Diffuse Flow (No Review) An additional condition is that all constructed stormwater conveyance outlets shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .02 (5). If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office.