HomeMy WebLinkAbout20221687 Ver 1_ePCN Application_20221201DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
10/19/2022
BIMS # Assigned* Version#*
20221687 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
la. Name of project:
Freeze
la. Who is the Primary Contact?*
Jeffrey Reasner
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
jeff@silacapital.com (317)835-6217
Date Submitted
12/1/2022
Nearest Body of Water
Catawba River, Lake Norman
Basin
Catawba
Water Classification
WS-IV, B; CA
Site Coordinates
Latitude: Longitude:
35.563739 -80.849080
A. Processing Information
County (or Counties) where the project is located:
Iredell
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Johnnie Robertson
2b. Deed book and page no.:
13E / 763
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
3158 Charlotte Hwy
Address Line 2
City State / Province / Region
Mooresville NC
Postal /Zip Code Country
28117 United States
Yes No
Yes No
2e. Telephone Number:
(704)608-0039
2f. Fax Number:
(000)000-0000
2g. Email Address:*
jlr1945@aol.com
2a. Name(s) on recorded deed:
Mary Gilstrap
2b. Deed book and page no.:
513/310
2c. Contact Person:
2d. Address
Street Address
124 W Waterlynn Road
Address Line 2
City
Mooresville
Postal / Zip Code
28117
2e. Telephone Number:
(704)560-5862
2g. Email Address:*
elizabethgilstrap@yahoo.com
2a. Name(s) on recorded deed:
Harold Robertson ETAL
2b. Deed book and page no.:
513 / 308
2c. Contact Person:
2d. Address
Street Address
1726 Knolls Drive
Address Line 2
City
Newton
Postal / Zip Code
28658
2e. Telephone Number:
(704)519-8845
2g. Email Address:*
jmoone$Q@hotmail.com
2a. Name(s) on recorded deed:
Harold Robertson
2b. Deed book and page no.:
784 / 45 and 784 / 45
2c. Contact Person:
2d. Address
Street Address
1726 Knolls Drive
Address Line 2
City
Newton
Postal / Zip Code
28658
2e. Telephone Number:
(704)519-8845
2g. Email Address: *
jmoone$Q@hotmail.com
State / Province / Region
NC
Country
United States
2f. Fax Number:
(000)000-0000
State / Province / Region
NC
Country
United States
2f. Fax Number:
(000)000-0000
State / Province / Region
NC
Country
United States
2f. Fax Number:
(000)000-0000
2a. Name(s) on recorded deed:
Oanna Minton
2b. Deed book and page no.:
556 / 118 and 95E / 33
2c. Contact Person:
2d. Address
Street Address
3142 Charlotte Hwy
Address Line 2
City
Mooresville
Postal / Zip Code
28117
2e. Telephone Number:
(000)000-0000
2g. Email Address:*
beachbum7476@gmail.com
2a. Name(s) on recorded deed:
Craig Freeze + Anita
2b. Deed book and page no.:
1860/2459
2c. Contact Person:
2d. Address
Street Address
202 Brumley Road
Address Line 2
City
Mooresville
Postal / Zip Code
28115
2e. Telephone Number:
(317)835-6217
2g. Email Address: *
jeff@silacapital.com
2a. Name(s) on recorded deed:
Craig Freeze + Anita
2b. Deed book and page no.:
1860/2459
2c. Contact Person:
2d. Address
Street Address
202 Brumley Road
Address Line 2
City
Mooresville
Postal / Zip Code
28115
2e. Telephone Number:
(000)000-0000
2g. Email Address:*
Unknown@gmail.com
3. Applicant Information (if different from owner)
3a. Name:
Jeffrey Reasner
3b. Business Name:
Sila Capital LLC
State / Province / Region
NC
Country
United States
2f. Fax Number:
(000)000-0000
State / Province / Region
NC
Country
United States
2f. Fax Number:
(000)000-0000
State / Province / Region
NC
Country
United States
2f. Fax Number:
(000)000-0000
3c. Address
Street Address
706 Pro-Med Lane Suite 260
Address Line 2
City State / Province / Region
Carmel Indiana
Postal / Zip Code Country
46032 United States
3d. Telephone Number: 3e. Fax Number:
(317)835-6217 (000)000-0000
3f. Email Address: *
jeff@silacapital.com
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental Inc.
4c. Address
Street Address
338 S. Sharon Amity Road #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
(704)512-1206
4f. Email Address: *
jrobertson@atlasenvi.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
United States
4e. Fax Number:
(000)000-0000
1. Project Information
1b. Subdivision name:
(if appropriate)
Jessamine at Mooresville
lc. Nearest municipality / town:
Mooresville
2. Project Identification
2a. Property Identification Number:
4646946416, 4646944667, 4646943870,
4646945768, 4646947518, 4646947831,
4646948952, 4656051500, 4656050373,
4656052797
2b. Property size:
12.541
2c. Project Address
Street Address
3114 Charlotte Hwy
Address Line 2
City State / Province / Region
Mooresville NC
Postal / Zip Code Country
28117 United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Catawba River, Lake Norman
3b. Water Resources Classification of nearest receiving water: *
WS-IV, B; CA
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011203
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The existing condition of the review area is a mix of single-family residential homes and forested areas. There are 5 single family residences and 7 associated storage buildings and
garage space. The forested area is along the Northern and Western extent of the review area. The surrounding land use is predominantly multi -family residential and amenity areas.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.007
4g. List the total estimated linear feet of all existing streams on the property:
555
4h. Explain the purpose of the proposed project: *
The purpose of the project is for the construction of a mixed use, multifamily residential development and one small commercial space.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will require the demolition of the existing structures and removal of trees and vegetation using heavy equipment. The ground surface will be prepared for construction by
grading and earth work. The construction will include the apartments, a small commercial area, parking, amenity areas, trash collection area, and additional utilities and infrastructure to
support the development.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
Delineated by Atlas Environmental Staff on June 23, 2022 and November 21, 2022
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01919
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Atlas Environmental Staff
Atlas Environmental, Inc.
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Driveway access,
parking and grading
P
Headwater Forest
WL 1000
Yes
Both
0.004
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.004
2g. Total Wetland Impact
0.004
2i. Comments:
WL 1000 is located at the edge of a maintained residential lawn.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project has been designed and engineered to avoid and minimize impacts to aquatic resources to the greatest extent possible. The entirety of
perennial channel CH 100 has been avoided. Only the upper most portion of WL1000 is proposed to be impacted. Impacts have been minimized by
constructing the steepest side slopes approvable under local regulations. The construction of a retaining wall will further reduce impacts to WL 1000.
Approximately 2.69 acres of greenspace will be planted. The demolition of an existing house and re -vegetating over a quarter of an acre.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The impacted wetland (WL 1000 - W1) will be French drained to prevent secondary downstream impacts. 100-foot buffer will be maintained around CH
100.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Mitigation is not required because the wetland impacts do not exceed 0.10 acres
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Not adjacent to NC protected riparian buffers.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Iredell County
Comments:
The stormwater treatment will be an underground SCM. Proposed impervious area is — 35.89%.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project that will not result in further development. Any future development within this area will be required to go through
similar regulatory reviews.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Connecting to municipal sewer
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPAC, NC NHP, and field assessment. See attached comment letter indicating section 7 has been satisfied.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA essential fish habitat mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC HPO Buffer Map, See attached no comment letter.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Google Earth NFHL .kml layer
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Freeze NWP 29 Att Compressed.pdf 6.O8MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Jennifer Robertson
Signature
Date
12/1/2022
Angela Petros
From: Angela Petros
Sent: Wednesday, October 19, 2022 2:03 PM
To: 401 PreFile
Subject: Freeze NWP 29 Pre -Application
To Whom It May Concern,
Atlas will be submitting an NWP 29 application for the Freeze project. This project is in Mooresville (Iredell
County) and is a Residential project. Sila Capital is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
(704) 965-1219 mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
i
Preliminary ORM Data Entry Fields for New Actions
SAW-2022-01919 BEGIN DATE [Received Date]:
Prepare file folder pi Assign Action ID Number in ORM pi
1. Project Name [PCN Form A2a]: Freeze
2. Work Type: Private pi Institutional pi Government pi Commercial pi
3. Project Description / Purpose [PCN Form B3d and B3e]:
The purpose of this project is mixed use for multi -family residential development and one small
commercial area.
4. Property Owner / Applicant [PCN Form A3 or A4]: Multiple owners (see property report)
Applicant: Sila Capital LLC Attn: Jeffrey Reasner
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Atlas Environmental / Jennifer Robertson
6. Related Action ID Number(s) [PCN Form B5b]: SAW-2022-01919
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
Lat: 35.563739°, Long: -80.849080°
3114 Charlotte Hwy Mooresville, NC 28117
8. Project Location - Tax Parcel ID [PCN Form B1a]: 4646946416, 4646944667, 4646943870, 4646945768, 4646947518, 4646947831,
4646948952, 4656051500, 4656050373, 4656052797, and (partial) 4646956564
9. Project Location — County [PCN Form A2b]: Iredell
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Mooresville
11. Project Information — Nearest Waterbody [PCN Form B2a]: Catawba River, Class: WS-IV,B;CA, #1 1-(75)
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Upper Catawba, 03050101
Authorization: Section 10 n Section 404 n Section 10 & 404 n
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 29
n Regional General Permit #
n Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
n Compliance
n No Permit Required
Revised 20180124
ENVIRONMENTAL
US Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Krysta Stygar
151 Patton Avenue, Room 208
Asheville, NC 28262
December 01, 2022
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Paul Wojooski
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Freeze, +/- 12.681 acres
3114 Charlotte Hwy Mooresville, NC 28117
Nationwide Permit 29 Verification Request
Corps Action ID: SAW-2022-01919 / DWR Project #: unknown
Krysta:
The applicant, Jeffrey Reasner of Sila Capital LLC, is requesting approval of the enclosed
nationwide permit 29 verification for unavoidable impacts to potential waters of the United
States. Atlas Environmental staff completed the stream and wetland delineation on June 23,
2022 and November 21, 2022.
During the field evaluations Atlas Environmental staff assessed the presence of one perennial
stream and one wetland. Channel CH 100 is a perennial stream that flows through the center of
the review area for approximately 555 linear feet (0.038 acre). WL 1000 is approximately 0.007
acre.
The project purpose is for the construction of mixed -use development for multi -family
residential development and one small commercial area. The project has been designed and
engineered to avoid and minimize impacts to aquatic resources to the greatest extent possible.
The entirety of perennial channel CH 100 is being avoided. Only the upper portion of WL 1000
is proposed to be impacted for parking areas, an open space and side slopes. Impacts have
been minimized by constructing the steepest side slopes approvable under local regulations.
The construction of a retaining wall will further reduce impacts to WL 1000. Impact W1 is a
permanent fill in the amount of 0.004 acre. The impact area will be French drained to prevent
any secondary impacts to downstream waters.
Enclosed are the necessary nationwide permit 29 verification documents and additional
information. Thank you for your attention to the enclosed request. Please contact me if you
need any additional information.
Best regards,
Jennifer L Robertson, President
jobertson@atlasenvi.com
ATLASEnvironmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Mr. Scott McLendon, Chief, Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Resources, Water Quality Program
Wetlands, Buffers, Streams — Compliance and Permitting Unit
Attn: Mr. Paul Wojoski, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties identified below, hereby authorize Atlas Environmental Inc to act on my
behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are
authorized to be on said property when accompanied by Atlas Environmental Inc staff for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
Project Name: -f C:”A vY11 u f' 4 r ryl E& 7 0o1702.s 4Yr f l
aiDia L, 2�3 s i�arJ, I•FArio LP [U• 7Zvo e�Tso,.l r� a�N4 �", vYf )1,., mt.!
Property Owner of Record: CZ Al if 3. Fr~g r ,9-41-Tet Fe- 'a 1 Y� 4n,y r4 C.r 11,5 T a r�
Contact Name: O a rt YYI . P,g4 S)J Je-rf 5 i )pi cAp 001/1
Address: Tom 910 - M [pj 6'4L ) 1 1Vg.-tr,�
Address:
Phone/Fax Number: -4t- 3 l 7 ^
Email Address: @ 5) IA CA-p I r cp 1,7
Project Address: Gehiz.n.,6,rr. iiv/.4rrre, kip w Rp k US L ( y1r1 &. [/1 L�
Project Address:
Tax PIN: 4r s(„o5037,3.€1:-1 q¢loci 144 L.-67/ena 'H`y1014Vf f 7Ci ,vn-62
Signature: .�
Date: ,4c4/./$ - 2g 7.a,24
ATLAS Environmental Inc.
338 5. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (ni)
jrobertson@atlasenvi.com
www.atlasenvi.com
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SITE INFO
LOT SIZE:
9.58 ACRES (417,304.8 SF)
CURRENT ZONING
RLS — RESIDENTIAL LIMITED
SERVICE
PROPOSED ZONING
TBD
ZONING DATA
REQUIRED
/ALLOWED
PROVIDED
DENSITY: 21 UNITS / ACRE
21X9.58=201.18
200 UNITS
PARKING
1.5 X 1BD UNIT
1.5 X 90 = 135
350PS
1.5X2BDUNIT
1.5X104=156
2X3BDUNIT
2X6=12
RETAIL 1/ 300 SF
3800 / 300 =
12.66 PS
TOTAL
316 PS
PRELIMINARY ZONING LEGEND
UNIT MIX BUILDING 1
Level
1B(+/-820SF)
2B (+/-1,160SF)
3B(+/-1,360SF)
Total
1
18
26
0
44
2
24
26
2
52
3
24
26
2
52
4
24
26
2
52
TOTAL
90
104
6
200
UNIT MIX
45.00%
52.00%
3.00%
100%
UNIT MIX
ZONING MAP
1BD
1BD
BUILDING 2
1 STORY
RETAIL
BUILDING "w
+/-3,800
.•URTYARo
Tir
1BD
1BD
1BD
CONCEPTUAL PLAN NOTES:
CONDITIONS MAY EXIST THAT COULD RESTRICT THE DEVELOPMENT OF THIS SITE AS SHOVVN. THIS DRAWING IS INTENDED TO BE CONCEPTUAL ONLY AND ADDITIONAL RESEARCH AND DESIGN
WOULD BE REQUIRED FOR THE PREPARATION OF A SITE PLAN THAT MEETS LOCAL JURISDICTIONAL CODES. CMA ARCHITECTS DOES NOT PURPORT THAT THIS SITE CAN BE DEVELOPED AS
SHOVVN. THE PURCHASE OF THIS SITE SHALL BE AT THE OWNER/DEVELOPER'S SOLE EXPENSE. THIS SCHEMATIC SITE PLAN DOES NOT REFLECT THE ENGINEERING REQUIREMENTS FOR STORM
WATER MANAGEMENT. CMA ARCHITECTS DOES NOT PURPORT THAT WHAT IS SHOVVN IS ADEQUATE TO MEET ALL JURISDICTIONAL REQUIREMENTS. NO SITE VISITS HAVE BEEN PERFORMED TO
ENSURE THE ACCURACY OF THE SITE IMAGE SHOVVN HEREON. THIS EXHIBIT IS NOT INTENDED TO BE USED AS A CONSTRUCTION DOCUMENT, AND SHOULD NOT BE CONSTRUED IN ANYWAY TO
BE USED FOR CONSTRUCTION PURPOSES.
arSCHEMATIC GROUND SITE PLAN
1/32" =
CMA
PROPOSED MIXED USE DEVELOPMENT
MOORESVILLE APARTMENTS
PROJECT #: 22-017
DATE: 0 7- 1 7-20 22
SHEET N A M E
SCHEMATIC SITE PLAN
SHEET NUMBER
ARCH I T E C T S
7910 NW 25th Street, Site 202A Doral, FL 33122
T. (305) 5 2 7 - 8 2 4 6
E a l f r e d@ c m a a r c h i t e c t s oom
MOORESVILLE, NC
A-01
Town of Mooresville, North Carolina
Developer Compliance Statement
All graphic representations on this approved Concept Plan shall
reflect compliance to all Town of Mooresville Land Development
Standards.
Developer Signature Date
Town of Mooresville, North Carolina
Concept Plan Approval
Planning Department Date
Engineering Department Date
Fire Department Date
#46-84-8114
WATERLYNN, Lc
Deed
MBook 2852 Page 2376
Plat Book 66 Page 138
Zoned TN o
Town f Mooresville
#4646-93-3986
RAYMER REAL ESTATE
OPERATIONS, INC
Deed Book 2014 Page 1380
Plat Book 47 CPage 93
Toned Town of Mooresville
T3
BUILDING
4 STORY
MULTIFAMILY
41,9SUILDING
90 UNITS j
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\ c
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d
a'#4 Reber
-Pound
WIDE SHARED USE PATH
TYPICAL CROSS SECTION US HWY 21
STREET TREE
ti
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Reber
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I ENTRY/
PRO' EXIT
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PROPOSED COMMON OPEN SPACE
LANDSCAPE AREAS 19,302 SF
PRO
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TYPICAL CROSS SECTION W. WATERLYNN
STREET TREE
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0
CONDITIONAL REZONING ITEMS:
1. HOA TO MAINTAIN STREET TREES.
2. TI.A MITIGATION TO BE INSTALLED BY THE APPLICANT.
3. SITE PLAN TO BE BASED ON APPROVED CONCEPT PLAN.
4. AFFORDABLE HOUSING AS A PAYMENT IN LIEU FOR 26 1 BDRM UNITS.
5. COMMERCIAL SPACE TO BE BUILT AT THE SAME TIME AS RESIDENTIAL.
6. FREEZE HOUSE TO BE DEMOLISHED AND CLEARED AREA
TO BE REPLANTED IN TREES.
ss
#4646-95-6564
118PC APIS, LLC
Deed Book 2698 Page 1505
Plat Book 61 Page 67
Zoned TN
Town of Mooresville
4 STORY
MULTIFAMILY
BUILDING
70 UNITS
245.93' Charlott Highway- U.S.Aighway21
Ex. 450' Public Right -of -Way
/4'Iron
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Know what's below.
Call before you dig.
#4646-94-9118
ELIZABETH A. LOWDER ETAL
Deed Book 2212 Page 312
Zoned RLS
GRAPHIC SCALE
1 inch = 60 feet
10' FRONT/CORNER
SETBACK
M.9T
M..9T
MAT
Sy,
SS
PROPOSED
RETAINING WAL
APPROX. 10' PROTECTED
STEM LENGTH PROVIDED
FROM EX. EDGE OF TRAVEL
LANE
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#4656-04-0486
HWY 21 INVESTMENTS. LLC
Deed Book 1981 Page 2243
Plat Book 47 Page 93
Zoned CM
M.9T
SS
Ss
SS
k
Air
INSTALLED WITH PR0JE0
CONSTRUCTION
Approx.85 LF OF
LINEAR WETLANDS TO
BE PERMITTED AN
PIPED. USAGE
INCLUDED WI
SUBMITTAL.
APPLICA
PAYMENT
THIS P0RT10
USE PATH HE NORTH
M„9T MOT
#4656-04-3513
FAISON WATERLYNN II, LLC
Deed Book 1791 Page 82
Plat Book 56 Page 32
Zoned CM o
Town f Mooresville
ss
SS
C/L of Stream
SITE NOTES:
SITE TAX ID: WITHIN TOWN LIMITS : 4646-94-6416, 4646-94-4667, 4646-94-7518,
WITHIN TOWN'S ETJ 4646-94-3870, 4646-94-5768, 4646-94-7831, 4646-94-8952,
4656-05-1500, 4656-05-0373, 4656-05-2797
SITE SIZE: 12.935 ACRES BY SURVEY
CURRENT SITE ZONING: RLS
PROPOSED SITE ZONING: C-CM
CURRENT PROPERTY OWNERS: JOHNNIE L. ROBERTSON, M.ARY E. R. GILSTRAP, HAROLD ROBERTSON ETAL,
HAROLD W. ROBERTSON, CANNA J. MINTON, CRAIG B. FREEZE, CRAIG B. & ANITA FREEZE
EXISTING LAND USE: SINGLE FAMILY RESIDENTIAL AND VACANT LAND
ADJACENT LAND USE: MULTI -FAMILY RESIDENTIAL
PROPOSED LAND USE: MIXED USE, MULTI -FAMILY RESIDENTIAL & COMMERCIAL
USES: CURRENT ZONIIIG WILL NEED TO BE REZOIIDED TO T01NN OF MOORESVILLE CM ZONING
FLOOD: THIS PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE ACCORDING TO THE
FLOOD INSURANCE RATE MAP (COMMUNITY PANEL) 371046-4600J (DFIRM : 4646) &
371046-5600J (4656) DATED 3-18-2008.
PHASING: TO BE COMPLETED IN ONE PHASE, INCLUDING COMMERCIAL PORTION.
ALLOWABLE DENSITY: 12 UNITS PER ACRE PER CM ZONING; +4 ADDITIONAL AFFORDABLE HOUSING UNITS
FOR A TOTAL 16 DUA MAX
26 AFFORDABLE HOUSING 1 BDRM UNITS WILL BE PROVIDED USING A FEE IN LIEU OPTION.
THEREFORE NO AFFORDABLE HOUSING UNITS WILL BE CONSTRUCTED.
PROPOSED DENSITY: 206 DWELLING UNITS/ 12.935 ACRES=15.93 UNITS PER ACRE IN C-CM ZONING
THIS SITE WILL BE DEVELOPED WITH AFFORDABLE HOUSING UNDER SECTION 5.12.2 OF THE
MOORESVILLE UDO. THIS ALLOWS FOR FOUR ADDITIONAL DUA'S AND 1 ADDITIONAL FLOOR OF HEIGHT.
THIS SITE LIES IN THE WS-IV CRITICAL AREA OF THE CATAWBA RIVER WATERSHED, .AND IS LIMITED TO
24% IMPERVIOUS AREA UNDER THE LOW DENSITY OPTION AND 50% IMPERVIOUS UNDER THE HIGH
DENSITY OPTION IF APPROVED BY THE MOORESVILLE BOARD OF COMMISSIONERS.
STORMWATER: UNDER GROUND SCM WILL BE USED.
TRASH COLLECTION WILL BE PRIVATE.
APPLICANT WILL DEVELOP THE SITE UNDER HIGH DENSITY OPTION.
HVAC WILL BE ROOF MOUNTED AND SCREENED FROM VIEW.
IMPERVIOUS AREA CALCULATIONS:
IMPERVIOUS AREA PERMITTED IN WS-IV CRITICAL AREA 50% MAX:
SITE SIZE: 12.935 ACRES - 563,449 SF
50% HIGH DENSITY OPTION. 281,725 SF
VESTED PRE-1993 IMPERVIOUS .AREA: 46,007 SF
TOTAL HIGH DENSITY OPTION IMPERVIOUS AREA PERMITTED: 327,732 SF
NEW IMPERVIOUS AREA PROPOSED: 202,240 SF
PROPOSED SURPLUS IMPERVIOUS AREA: 125,492 SF
PROPOSED IMPERVIOUS PERCENTAGE: 35.89%
SS
SS SS
EX. 30' SANITARY SEWER
EASEMENT PB 61 PG 67.
SS SS
Impact W1: Permanent
WL 1000: - 0.004 Ac
EX. TREE CANOPV'TREE SAVE
AREA TO NORTH OF CREEK
TO REMAIN UNDEVELOPED/NATURAL
25°30'30' E
19' WIDE SHARED USE PATH
BONDED FOR FUTURE INSTALLATION
M„9I
- N
EXISTING FH
N 25'
241.28
728 SF OF
SP
E
SS SS
#4646-95-6564
118PC AP TS, LLC
Deed Book 2698 Page 1505
Plat Book 61 Page 67
on ed TN
Town f Mooresville
APPLICANT 'MILL DEMO EX. HOUSE. REMOVE ALL
IMPERVIOUS AREAS AND RE -VEGETATE!.
MITIGATION FOR WETLANDS IMPACT.
NT
VM: T IN LIEU OF CONSTRUCTION DUE
V ND ENVIRONMENTAL CONSTRAINTS.
M„95
EX. TREE CANOPY/TREE SAVE
AREA TO NORTH OF CREEK
VICINITY MAP
NO SCALE
PARKING:
REQUIRED PARKING
1.5 SPACES PER DWELLING UNITS X 206 UNITS-309 SPACES
3.5 SPACES PER 1000 SF RETAIL SPACE 3800 SF =14 SPACES
323 TOTAL SPACES REQUIRED
333 TOTAL SPACES PROVIDED OF WHICH 8 ARE HC VAN ACCESSIBLE
1 BICYCLE SPACE PER 10 PARKING SPACES X 333 = 34 BICYCLE PARKING SPACES
REQUIRED AND PROVIDED
2% TOTAL PARKING SPACES TO BE ELECTRIC VEHICLES * 333 = 7 ELECTRIC SPACES
REQUIRED AND PROVIDED
MULTI -FAMILY ATTACHED, THREE BUILDINGS CONSISTING OF 96 -1 BDRM UNITS,
104 - 2 BDRM UNITS AND 6 -3 BDRM UNITS
RESIDENTIAL BUILDING SF: +/-243,000 SF (ON FOUR FLOORS) ESTIMATED BUILDING
HEIGHT: 41'-8"
COMMERCIAL BUILDING SF: +/-3,800 SF , ESTIMATED BUILDING HEIGHT: 16'
TOTAL BUILDING SF: +/-246,800 SF
TO REMAIN UNDEVELOPED/NATURAL _
N 25'30'50" E
SS
M9I M9I M,9I
in .d xo A. p"I,n xo 41 r 9
#4656-04-4916
WITHERSPOON LEGACY TRUST
Deed Book 2612 Page 881
Paned RLS
#4656-04-3513
FAISON WATERLYNN II, LLC
Deed Book 1791 Page 82
Plat Book 56 Page 32
d CM
Town of Mooresville
S5
SS
#4 Reber
Found
Zine
25'30'30" E`
CP i 60.O('
PROJECT NOTES:
SETBACKS:
FRONT/FRONT CORNER: 10'
SIDE: 5'
REAR: 25'
PROPOSED BUILDING HEIGHT : 4 STORIES
TREE SAVE AREA OUTSIDE OF R/W IS
117187 SF/ 563449 SF = 20.80%
' CP
CP
EX. 30' SANITARY SEWER
EASEMENT PB 61 PG 67.
#4656-0a-3190
Taylor Morrison f Carolinas, LLC
Deed Book 2768 Page 2029
Plot Book 61 Page 67
Zoned o
Town f Mooresville
Reber
Found
SS Reber
EX TREE CANOPY/TREE SAVE
16145FOF 10' TIN LIEU OF COJSE PATH. APPLICANT OPUESTS
ENVIR NT IN LIEU OF CONSTRUCTION DUE TO TOPOGRAPHY AND
ENVIRONMENTAL CONSTRAINTS
CP CP
M,.9I M..9T
SS
SS^^ \
#4656-05-6732
CEP X WATERLYNN OWNER, LP
Deed Book 2748 Page 1509
Plat Book 56 Page 32
Zoned TN
Town of Mooresville
PREPARED FOR:
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REVISIONS
BY
o/2a/vtL
JHH
C1/022 a/Jo2own
JHH
Date: 08/04/2022
Sco1e: 1 = 60' HOr.
Drawn: JHH
Checked: DLM
Pr4ecti 2022-04-13
Job: 2022-04-13
Location:
PUBLICATION OR REUSE OF THESE DRAWINGS OR ANY DETAILS WITHIN MUST BE WITH THE WRITTEN CONSENT OF PIEDMONT DESIGN ASSOCIATES, P.A. Owner: Approved- Date of Issue:
Sheet
C®-1
/B11 /30/22
of 1 Sheets
40011111144
Novalkageogrik
I
Detail 1: Page 3
Legend
I� Review Area
Iredell Co. Parcels
Contours: 2 Ft
Streets
Delineation
Perennial
Wetland
tl4
Aquatic Resource Sketch Map
qbe
/a aee
,m n r
�a
m
co I
1
1
1
1
I
I
I
I
I
I
I
°11,I*' ) a
Sketch Map provided for illustrative purposes and
preliminary planning only. Not intended to be relied upon
for exact location, dimension, or orientation. All findings
and assessments are subject to verification from the
Army Corps of Engineers, NC Division of Water
Resources, and/or other appropriate local authorities.
Do not reproduce map set except in its entirety.
a
a.
s
0 150 300 450 600 Ft
Project Name: Freeze
Location: 3114 Charlotte Hwy Mooresville, NC 28117
For: Sila Capital LLC Attn: Mr. Jeffrey Reasner
Page 1 of 3
Figure:
Coordinates: 35.563739°,-80.849080°
Date: November 18, 2022
Legend
Review Area
Iredell Co. Parcels
Streets
Delineation
• Perennial
Wetland
Aerial Imagery
Aquatic Resource Sketch Map
Project Name: Freeze
Location: 3114 Charlotte Hwy Mooresville, NC 28117
For: Sila Capital LLC Attn: Mr. Jeffrey Reasner
Page 2 of 3
Figure:
Coordinates: 35.563739°,-80.849080°
Date: November 18, 2022
Potential Non Wetland
CH 100: -- 555 LF, 0.038 Ac
Potential Wetland
WL 1000: -- 0.007 Ac
Legend
I� Review Area
Iredell Co. Parcels
Streets
2 Ft Contours
Delineation
Perennial
Wetland
Aquatic Resource Sketch Map
0
0 75 150 225 300 Ft
Project Name: Freeze
Location: 3114 Charlotte Hwy Mooresville, NC 28117
For: Sila Capital LLC Attn: Mr. Jeffrey Reasner
Page 3 of 3
Detail 1
Figure:
Coordinates: 35.563739°,-80.849080°
Date: November 18, 2022
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.
August 4, 2022
Jacob Sinclair
Atlas Environmental Inc.
P.O. Box 17323
Asheville NC 28806
jsinclair@atlasenvi.com
Re: Construct Freeze multi -family residential development, 3114 Charlotte Highway, Mooresville,
Iredell County, ER 22-1761
Dear Mr. Sinclair:
Thank you for your email of July 12, 2022, regarding the above -referenced undertaking. We have reviewed
the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
kr/ Ramona Bartos, Deputy
�L) State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 12, 2022
David Rabon
Atlas Environmental, Inc.
338 South Amity Road #441
Charlotte, North Carolina 28211
drabon@atlasenvi.com
Subject: Freeze Residential Development; Iredell County, North Carolina
Dear David Rabon:
f us. 1
FISH &WILDLIFE
SERVICE
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated June 29, 2022, wherein you solicit our comments regarding project -
mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information provided, the Applicant proposes to construct a residential
development and appurtenances on 12.6 partially forested acres in Mooresville, North Carolina.
The information provided suggests that the proposed project will require authorization from the
U.S. Army Corps of Engineers for unavoidable impacts to Waters of the United States. A
description of impacts to onsite habitats has not been prepared or provided at this time.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the action area
(50CFR 402.02) for the federally threatened northern long-eared bat (Myotis septentrionalis).
However, the final 4(d) rule, (effective as of February 16, 2016) exempts incidental take of
northern long-eared bat associated with activities that occur greater than 0.25 miles from a
known hibernation site, and greater than 150 feet from a known, occupied maternity roost during
the pup season (June 1 — July 31). Based on the information provided, the project would occur at
a location where any incidental take that may result from associated activities is exempt under
the 4(d) rule for this species. Although not required at this time, we encourage the Applicant to
avoid any associated tree clearing activities during this animal's pup season, maternity roosting
season (May 15 — August 15) and/or active season (April 1 — October 15). If adhered to, a tree
clearing moratorium would also support our concurrence with a "may affect, not likely to
adversely affect" determination from the action agency for this animal.
Please note that on March 23, 2022, the Service published a proposal to reclassify the northern
long-eared bat (NLEB) as endangered under the Act. The U.S. District Court for the District of
Columbia has ordered the Service to complete a new final listing determination for the NLEB by
November 2022 (Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened,
faces extinction due to the range -wide impacts of white -nose syndrome (WNS), a deadly fungal
disease affecting cave -dwelling bats across the continent. The proposed reclassification, if
finalized, would remove the current 4(d) rule for the NLEB, as these rules may be applied only
to threatened species. Depending on the type of effects a project has on NLEB, the change in the
species' status may trigger the need to re -initiate consultation for any actions that are not
completed and for which the Federal action agency retains discretion once the new listing
determination becomes effective (anticipated to occur by December 30, 2022). If your project
may result in incidental take of NLEB after the new listing goes into effect this will need to be
addressed in an updated consultation that includes an Incidental Take Statement. If your project
may require re -initiation of consultation, please contact our office for additional guidance.
Additional information about this animal including its proposed reclassification can be found
here: https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis
Based on the information provided, suitable habitats do not occur onsite for any other federally
protected species, and we require no further information at this time. Please be aware that
obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Our concurrence with "no effect" determinations made by action agencies is not required. In
accordance with the Act, it is the responsibility of the appropriate federal action agency or its
designated representative to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated.
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Impervious Surfaces and Low -Impact Development
Increased storm -water runoff also degrades aquatic and riparian habitat, causing stream -bank and
stream -channel scouring. Impervious surfaces reduce groundwater recharge, resulting in even
lower than expected stream flows during drought periods, which can induce potentially
catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all
new development, regardless of the percentage of impervious surface area they will create,
implement storm -water -retention and -treatment measures designed to replicate and maintain the
2
hydrograph at the preconstruction condition to avoid any additional impacts to habitat quality
within the watershed.
We recommend the use of low -impact -development techniques, such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for
retaining and treating storm -water runoff rather than the more traditional measures, such as large
retention ponds, etc. These designs often cost less to install and significantly reduce
environmental impacts from residential development.
Where detention ponds are used, storm -water outlets should drain through a vegetated area prior
to reaching any natural stream or wetland area. Detention structures should be designed to allow
for the slow discharge of storm water, attenuating the potential adverse effects of storm -water
surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the
purpose of storm -water -control measures is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at byron_hamstead@fws.gov if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-22-588.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
3