HomeMy WebLinkAbout20051920 Ver 2_Initial Interest_20070505INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
October 1, 2006 ~ x' ~ ~ S - ~ ~ ~.O V Z
Version 4
Applicant Name: -Don Hughes
Applicant Address: l lb North Main Street
Monroe1NC 28112
Applicant's phone number: _704-296-5960 Fax number: _704-296-5973
Applicant's email address: don.hnelies a~ucps.kl 2.nc.us
Consultant Name (if applicable): Davis-Martin-Powell and Associates Eddie MacEldownev/ Jav Guffev
Consultant address (if applicable): 6415 Old Plank Road
High Point, NC 27265
Consultant's phone number: 336-886-4821 Fax number: 336-886-4458
Consultant's email address: emac~c~dmp-inc.coul: jguffeyCcudmp-inc.com
Type of action requested under the Express Review Prograna (check all that apply):
^ 401 Water Quality Certification
^ Isolated Wetland Permit
^ Stream Origin Determination
# of Determinations Requested
^ Riparian Buffer Approval
^ Riparian Buffer Minor Variance
^ Coastal General "Major" Variance
~~~~
^ lnternuttent/Perennial Determination
# of Determinations Requested
^ Isolated Wetland Determination
~~ ~ _ 1 q ~ nnear reet or acres
Stormwater Management Plan (this fee is not additive when approval is combined with 401 Cert.)
~_# of Drainage Areas/Project Site
Name of Project: -Marvin Ridge Middle and Hid School County: Union
Total project acreage: 96.36 (acres) Total built out impervious area: 17.78 (acres)
Nearest Named stream + River Basin (from USGS topo map): Tarkill Branch; Catawba River Basin
C(~~ G
Please provide a brief description of this project (attach site plan if available):
This pro, ject is the construction of a new tniddle and high school in a growing area of Union County. The site will
consist of the school buildines, required parking areas fbus, studentLand staffs along with practice and competition
athletic fields.
Please attach a map of site location using USGS 1:24,000 map and county soil survey.
Locatio~ d~prpj~t ~e - pl~selinc~u,~ye x~ference to the county, nearest name town and highway number:
Northeast quadrant of the intersection of Crane Road (SR1309Land Waxhaw/Marvin Road (SR 1307) in Union
Count .The nearest town is Waxhaw.
Proposed impacts:
Acres of 404/401 wetlands
Linear feet of isolated streams
Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list
which ones. No
Has any DWQ staff visited the site? YES , if yes, please provide DWQ staff name, Ban Love
and date of visit: November 2005 (Approximate first visitl
Which other environmental permits from other agencies will be needed for this project? Please list the pennits and
issuing agencies below:
NCDENR (Erosion Control) US Army Corps of En ineers (404 Certification) Permits enclosed
Does this project require approval under the State Environmental Policy Act or National Environmental Policy Act?
NO
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
NO
Does this project require approval of a Variance from the NC Environmental Management Commission? NO
Are you aware of any local controversy concerning this project? if so, please describe the controversy and any
measures that have been taken with respect to public involvement.
This form must be submitted via email (c/o 401 express(a~ncmail.net), faxed (919-733-6893) or hand-delivered to the
Parkview Building, 2321 Crabtree Blvd. Suite 250, Raleigh, NC 2'7604. Applicants who are selected to participate in
the Express Review Program will be notified via fax within 2 days. Successful applicants will then be instructed
regarding detailed procedures for full application (Note: Suhn2ittals of the review packages on Friday after 12:00 pm
will be stamped as received on the next business day).
Please contact Cynthia Van Der Wiele at 919-715-3473 if you have any questions regarding this form.
Acres of isolated wetlands
104 Linear feet of streams
2
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USGS Catawba NE (SC,NC) Topo Map
View TopoZone Pro topographic maps, aerial photos, street maps,
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34° 58' 17"N, 80° 47' 46"W (NADZ7)
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1 nP l 4/4/?007 1 1:40 AM
SOIL SURVEY OF UNION COUNTY, NORTH CAROLINA - SHEET NUMBER 21
3/4 1/2 1/A 0 ~ 2 MILES
1 0.5 0 1 2 NILOMETEfiS
scA~e i:2a o00
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200531811 County: Union U.S.Cs.S. Quad: Cata~~ba NE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/AgenL• Union Counh~ Schools !Attn: Dave Burnett
Address; 116 N. Main Street
Monroc~ NC 28112
Telephone No.: 704-296-59G0
Size and location of property (~vaterbody, road name/number, totem, etc.) The nronosed high se}tool is located in
the northeast qundr~nt_~_f_the intersection_u_f Crane R~~ci ancl_Waxlta~v Marvin Road. in Waxhaw. Union
County. North Carolina.
Indicate Which of the Followint= Apaly:
_ Based on preliminary information, there maybe wetlands and stream channels on rite above described property.
We strongly suggest you have this property inspected to determine the extent n f Dep, rtment of the Army (DA)
jurisdiction, To be considered final, a jurisdictional determination must be verified by the Corps.
X There are ~vetlartds and stream channels on the above described property subject to the perntit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC ti 1344). Unless there is a change in the law ar our
published regulations, this determination maybe relied upon for a period not to exceed live years from rite date
of this notification.
We strongly suggest you have fire wetlands and stream chamtels on your property delineated. Due to rite size
of your property and/or our present workload, the Corps may not be able to accomptislt this wetland delineation
in a timely manner. Por a more timely delineation, you may wish to obtain a coirsultant. To be considered
final, any delineation must be verified by the Corps.
X The wetlands and stream clrannels on your property have been delineated and die delineation leas been
verified by tfre Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey
should be reviewed and verified by rite Corps. Once verified, tl»s survey will provide an accurate depiction of
all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period Trot to exceed five years.
The wetlands and stream clrannels have been delineated and surveyed and are accurately depicted on rite plat
signed by rite Corps Regulatory Ofrcial identified below on _._,_. Unless there is a citange in the late or our
published regulations, this deterntination maybe retied upon for a period not to exceed five years from rite date
of this notificniion.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to tl~e permit re~luirerrkents of Section 4v4 oi'the C;iean Water Act {33 UBi.; 1344). Unless there is a change in
rite law or our published regulations, this determination may be relied upon for a period not to exceed f ve years
from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under fire Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at (252) 94G-G481 to deternine their requirements.
Remarks: '~
i
Corps Regulatory Official: ;~ {;' .-~.~~
Date December 9.2005 ~- Expiration Date December 9.2010
Page I of 2
Action Id. 2QQ531811
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Arnry
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC y 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 8?8-
~71-7980 x, ?31.
I3asis Far Determination: The site contains wetlands as determined by the USACE 1987 Wetland Delineation
Manual and is adjacent to stream channe}s located on the property. The stream channel an the property is an
unnamed tributary to Tarkill Creek which flows into the Catawba River and ultimately Mows to the Atlantic Ocean
through the Santee Cooper River in South Carolina.
Corps Regulatory Official (Initial): \\
~J
FOR OFFICI~ USE ONLY:
• A plat or sketch of the property and the ~vettand data form must be attached to the f ie copy of this form,
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
farm must be transcnitted with the property owner/agent copy of this form.
• If the property contains isolated tvetIands/waters, please indicate in "Remarks" section and attach the
"Isolated Deterrninati~n Infarn~ation Sheet" to the ;iic cupy of this form.
CF: Telracon, Attn: Mile Minett, 20?0-E Starita Road, Charlotte, NC 2820G
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action lD. 200630078 County: Union USGS Quad: CataFVba NE
GENERAL PERMIT (REGIONAL AND NATIONW)(DE) VERIFICATION
Froperty Owner /Authorized Agent: Union County .Schools / Attn: Dave Burnett
Address: 11.6 N. Nlain Street
Monroe, NC 28112
Telephone No.: 704-296-5960
Size and location of property (water body, road name/number, town, etc.}: The ~nr~osed ltigh schoa[ is
located in the northeast nuadrant of'the intersection of Crane Road and Waxltaw Marvin Road, in
Waxhaw, Union County, North Carolina.
Description of projects area and activity: This nerrnit »uthorizes excavatiar,, ;,laceme;tt of #ili, aitd
installation of culverts associated with the construction of a new road crossings eanansion of
e~ist[nt? crassine, and installation of a sewer Hine associated with the construction of a new hiah
school. Impacts to stream channels authorized by this nerrait ae•e 149 Linear feet of stream channel
which includes 20 linear feet for a temnorary sewer line crossing:
Applicable Law: Q Section 404 {Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and ITarbors Act, 33 USC 403)
Authorization: Resio[tal General Permit Number:
Natiomvide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Natiomvide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your subnulted plans may subject tltie permittee to a stop work order, a restoration order and/or appropriate
legal action.
Tltis verification is valid until the NWP is modified, reissued, ar revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a pubiic notice when the NWPs are reissued. Furdrern~ore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide pernut is
modified or revoked, you will have twelve (12) months From the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions oi'titis nationwide permit, if prior to the expiration
date identified below, the natiotwide permit authorization is reissued and/or m~oditied, this verification will remain
valid witil the e~cpiration date identified below, provided it romplies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary autitoriry to modify, suspend, ar
revolve a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality {telephone (919) 733-178G) to detem~ine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAIvIA), prior to bebinning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pernuttee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding ibis verification, any of the conditions of the Permit, or the Corps of.
1/ngineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: December 9, 2005
Expiration Date of Verification: IVlarch 18, 2007
Determination of Jurisdiction:
^ Based on prelimminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary deternmination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
^ Tltere are Navigable Waters of the United States ~vitlmin the above described project area subject to the permit
requirements of Section 10 of the Rivers and fIarbors Act and Section 404 of time Clean Water Act. Unless
there is a cltange in the law or our published regulations, this detem~ination may be relied upon for a period not
to exceed five years from the date of this notification.
^X There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC fi 1344). Unless there is a cltange in the
law or our published regulations, this determination maybe relied upon for a period not to exceed Eve years
Crom the date of this notification.
® The jurisdictional areas witlmiu the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued December 9, 2005. Action ID 200531811
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels located au the property. The stream channel on the property
inc}udes Tarkill Branch and its unnamed tributaries. Tarl:ill Branch flows into time Catawba River and ultimately
tlo~vs to the Atlantic Ocean t}trauglm time Santee Cooper River in Soutlt Carolina.
Corps Regulatory Official: Amanda Jones
Date Decemmber 9, ZOOS
SURVEY PLATS, FIELD SItETCH, WETLAND DELINEATION FORMS, I'R01ECT PLANS, ETC.,
MUST BE ATTACII)rD TO TIIE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Terracon Consultants, Attn: Milce Minett, 2020-E Starita Road, Charlotte, NC 28206
~,r~;~ ~ I ; d'lo G . N- • (L~ Ham`
.~ . ~.
1~CDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE ~ Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
September 21, 2005
LETTER OF APPROVAL WITII 1ViODIFICATIONS
Mr. Dave Burnett, Facilities Planner
Union County Schools
500 North Main Street
Monxoe, North Carolina 28112
RE: Project Name: Union County Schools New High School B
Acres Approved: 92.4
Project ID: ,UNION-2006-027
County: Union, Crane Road & Waxhaw Marvin Road
River Basin: Catawba
Submitted By: Union County Schools
Date Received by LQS: August 26, 2005
Plan Type: New
Dear Mr. Burnett:
CDA
Y
This office has reviewed the subject erosion and sedimentation control plan. We find the
plan to be acceptable with modifications and hereby issue this lettez of Approval 'With
Modifications. The Modifications Required for Approval are listed on the attached page. This
plan approval shall expire three (3) years following the date of approval, if no land-disturbing
activity has been undertaken, as is required by Title 1 SA NCAC 4B .0129.
Please be advised that Title I SA NCAC 4B .O1 I8(a) requires that a copy of the appraved
erosion control plan be on file at the job site. Also, you should consider this letter to give the
Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance
with the approved plan.
North Carolina`s Sedimentation Pollution Control Program is performance-oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Control Act of.1973 (North
Letter of Approval with Modifications
Union County Schools
September 21, 2005
Page2of3
Carolina General Statute 113A-S l through 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal
and State water quality laws, regulations, and rules. In addition, Local city or county ordinances
or rules may alsa apply to this land-disturbing activity. This approval does not supersede any
other permit or approval.
Please be aware that your project will be covered by the enclosed NPDES General
Stormwater Pernut NCGO 1000 (Construction Activities}. You should first become familiar with
all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you have provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project. Please
notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Steve Allred, CPESC
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NPDES Permit
cc: Tnspectian Depa~-t.~nent
Surface Water Protection
Letter of Approval with Modifications
Union County Schools
September 21, 2005
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Union County Schools New High School B
Project ID: UNION-2006-027
County: Union
1. The plan proposes 150 feet or more of stream disturbance. A 40I Water Quality certification
may be necessary for this project. Please contact Rex Gleason with the Division of Water
Quality at (704) 663-1699.
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North Carolina Deparoment ofEnvironmarc sad Nature! itesouras
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~ ~ Nan W. Klimeir, P.E. Airectnr
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~ Division of Water Quality
, r f November 30, 20Q5
Union County
Mr. lave Burnett
Union County Schools
996 N. ilr€ain Street
Monroe, NC 28912
Subject: New Middle School and High School B, Crane Road, Waxhaw, Union County
APPROVAL of 40'1 Water.G2uafity Certification with Additional Conditions
Dear ltAr. Burnett:
You have our approval, in accordance with the attached conditions and those listed below, to impact 45
Hriear feet {lf) of perdnnial stream (Tarkill Branch} and 104 ff of intermittent stream (unnamed tributary to Tarkill
Branch} in orcier to construct a new middle and high school in Union County, as described in your application
received by the. Division of Water Quality (DWQ) on October 17, 2005. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Numbers 3374 and 3442,
which can be viewed on our web site at hitp:Ilh2o^enr.state.nc.uslncwetlands. These General Certifications
allow you to use Nationwide Permit Numbers 42 and 39 once they are issued to"you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or ioc~l permits before proceediing with
your protect, including those required by (but not fimifed to) Sedimenf and Erasion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the assoaated 404 permit expires unless otherwise
specified in the General Certificaticin. This approval Is only valid for the purpose and design that you descn'ped
•tn 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 certfication. If the property is sold, the new owner must be given a copy of the
Cert'rficatlon and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
9. A final written stormwater management plan shall be approved, in writing, by this Office prior to the
construction of any permanent.faciiities at the site. The stormwater 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 site, the facilities {as approved by this Office) shall be
'constructed and operational, and the stormwafsr management plan (as approved by this Office} shall be
implemented. The structural stormwater practices as approved by #his Office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural stormwater facilities shall be made without
written authorization from the Division of Water Qualify.
'2. Starmwater discharge structures at this site shalt be constructed in a manner s~lch that the potential receiving
streams (of the discharge) wilt not be impacted due to sediment accumulations, scouting or erosion of the
~_ stream bantcs.
.. ~~o~
North Carolina Division of Water Quality 610 Pzct Center Ave., Suite 301 Mooresville, NC 28211 Rhone (704) 653-1699 Castomer Service
(Memel h2oancsiate.naus FA7C (704) 663-6040 I-B97-6235748.
An Equal OppoArmliylAAlrmaSvaAdion Employer_80°~ Recycledli0%PostConsunserPaper
3. The base flow stream channel shall be maintained immediately above and below the proposed stream •
• crossing.
4. The plandng of native vegetation and other soft streambank stabi!'ization techniques must be used where
practicable Instead of riprap or other bank hardening methods. If rlprap is necessary, it shat! net be placed in•
the stream bed, unless approved by the DWQ.
5. No waste, spoils, solids, ar fill of any kind shall be pieced in wetlands, waters, or riparian areas beyond the
faotprin# of the impacts depicted in'the Preconstruction Not cation application. All construction activities
associated with this project shaft meet, and/or exceed, those requirements specified in the mast recent •
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violadons of state water qualJry standards, statutes, or rules occur.
6. • All wetlands, streams, surface waters, and• riparian buffers located on the pro~ec# site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
-7. Upon completion of the•project, the applicant shat) complete•and return the enclosed °Certifcate of
Completion" form to the 401JUVetlands Unit of the NC Division of Water Quality. Please send phntagraphs of
the upsfream and downstream sides of the culvert site to document correct insfa!latian, along with fhe
Certificate of Completion farrrt.
8. Continuing Compliance. The applicant (Union County Schools} shall conduct al! activities in a manner so as
• not to contravene any state water quality standard fincluding any requirements fior compliance with section
303(4) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use} or that state or federal law is'being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).. Before
. codifying the certification, DWQ shall notify the applicant and the US Army Carps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.Q504. Any new or-revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant #a Section
4D4• of the Clean Water Act, and shall also become conditions of the X04 Permit for the project.
If you do not accept any of tl~e conditions of this certif[catiori, you may ask for an ad}udigtory hearing. You
must act within 60 days of #l~e date that you receive this lefter. To~ask for a hearing, send a written petition that
conforms to Chapter 1508 of the North Carallna Genera! Statutes to the pffice of Administra#ive Hearings, 6714
Mai! Service Center, Raleigh, N.C. 27899-6714. This certification and its conditions are finaE and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 ofi the Clean Water Ac#.
!f you have any questions, please telephone Mr. Barry Love in the Mooresville Regional C3ffice at 704-683-1&J9
ar Ms. Cyndi Karoly !n the Central Office In Raleigh 919-733-9721.
Sincerely,
forAlan W. Klimek, P.E.
Attachments
cc; Army Corps of Engineers, Asheville
Ian McMillan -Wetlands Unit
Central Files .
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