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HomeMy WebLinkAbout20060376 Ver 1_COMPLETE FILE_20060306O?O? w A rFi9 pG Michael F. Easley, Governor y William G. Ross Jr., Secretary r- North Carolina Department of Environment and Natural Resources Q Y Alan W. Klimek, P.E. Director Division of Water Quality August 4, 2006 DWQ# 06-0376 ? D Mecklenburg County Mr. Troy Ludemann AUG 0 8 2006 Montreux, LLC 9945 B Charlotte Highway v+EnAOrENR-ros n, Fort Mill, SC 29715 BRANCH Subject: Youngblood Road Development, PIN #21729106 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Ludemann: You have our approval, in accordance with the attached conditions and those listed below, to impact 421 linear feet (If) (149 If of perennial stream and 272 of intermittent stream) of unnamed tributaries to Lake Wylie in order to construct the subject development in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on March 6, 2006 (and additional requested information). After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the proposed stream crossings. This may be accomplished through the construction of flood plain benches or similar measures. These measures must be approved, in writing, by this office prior to construction. 3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. 4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activO Carolina )Vaturally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet ncwaterquality.org FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 5. The planting of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 6. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 7. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. 8. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent practicable 9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Please send photographs of the upstream and downstream sides of each culvert site to document correct installation, along with the Certificate of Completion form. 10. Continuing Compliance. The applicant (Montreux, LLC) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) 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 Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. 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 to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663- 1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, v for Alan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit, Becky Fox, EPA Central Files File Copy Chris Huysman Permit Class Permit Number .1 NEW ? . . 76-06 STATE.OFJNORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r ? D for X M 2 2006 ajor Development in an Area of Environmental ConcernlUN pursuant to NCGS 113A-118 DENR _ WATER QUAL'TY AMD STOP tATER iRX06 X Excavation and/or filling pursuant to NCGS,:113 229 = M . Issued to Robert Youngblood, PO Box 398, Atlantic Beach, NC 28512 Authorizing development in Carteret County at Bogue Sound canal and channel East Fort Macon Road Atlantic Beach , as requested in the permittee's application dated 7/18/05 (MP-1) & 10/27/05 (MP-2 & MP-4) including the attached workplan drawin s (5) as referenced in condition No 1 of this ermit This permit, issued on June 9, 2006 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all work shall be carried out in accordance with the attached workplan drawings (5), 2 dated amended 7/18/05, 1 dated 10/27/05, 1 dated amended 11/21/05, and 1 dated revised 12/6/05. NOTE: It should be noted that the portions of the workplan drawings referencing the new docks and access piers are not to scale. Excavation 2) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. (See attached sheets for Additional Conditions) i ms permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2009 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. v Ch S. Jones, Director Aivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Robert Youngblood Permit 476-06 Page 2 of 4 ADDITIONAL CONDITIONS 3) Excavation in the boat basin shall not exceed -3.6 feet below the normal low water level (NLW), excavation in the 1,050-foot long canal shall not exceed -4 feet below the NLW, and excavation in the 1,210-foot long access channel shall not exceed -4.4 below the NLW_ In no case shall the depth of excavation exceed the depth of connecting waters.. 4) No excavation shall take place outside of the area indicated on the attached workplan drawings. 5) No excavation shall take place within 5 feet of any areaf coastal wetland - Spoil Disposal 6) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 7) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 8) No spoil material shall be placed within 30 feet of the normal high water line, even temporarily. 9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. Docking Facility . 11) The permitted new docks shall be no greater in size than 6' X 20' and the access piers built over coastal wetlands shall be no larger than 6' wide X 7' long. 12) All material resulting from the removal of the existing pier shall be placed on an approved upland disposal site. 13) Any portion of the permitted access piers built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 14) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Robert Youngblood 15) 16) 17) Permit #76-06 Page 3 4 4 Unless specifically altered herein, this permit authorizes only the docks, y piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be- conducted on, in or, over public trust waters without permit modification. The permittee shall maintain the authorized work in good condition and in`conforniance with the terms s and coidttions; of s permit. The permrttee is not relieved of this equirement 'if °he abandons the s 2 permitted activity without having it transferred to a third party. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 18) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 19) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 20) The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the authorized facility may require that the permittee undertake remedial actions to remedy the situation. 21) This permit authorizes a maximum of two (2) new boat slips and the removal of three jet ski lifts, resulting in a total of ten (10) slips on-site, all as referenced in the attached workplan drawings. General 22) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 23) No vegetated wetlands or marsh grass shall be excavated or filled, even temporarily, without permit modification. 24) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. Robert Youngblood ADDITIONAL CONDITIONS .. Permit #76-06 Page 4 of 4 25) The West Indian Manatee (Trichecus manatus), which is listed as a federally endangered species, has been reported in North Carolina waters. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which may Be Used by the West Indian Manatee in North Carolina" shall be followed. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, aPProvals or "authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 060392), which was issued on 3/22/06. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200600738. O?O? W A T 4?9PG > o ? Mr. Troy Ludemann Montreux, LLC 9945 B Charlotte Hwy. 521 Fort Mill, South Carolina, 29715 Subject: Youngblood Rd. Site (AID 2005833106) Dear Mr. Ludemann: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 1APR 4 _ 2006 DENR - WATER QUALITY S Mo STOR k7fR BRANCH Alan W. Klimek, P.E. Director Division of Water Quality March 27, 2006 Mecklenburg County DWQ Project #06-0376 The Division of Water Quality (DWQ) received your application for a 401 Water Quality Certification for the subject project on March 6, 2006. Mr. Alan Johnson of this office has reviewed the application and the following information/comments are needed by this office in order to complete our review: a) A detailed diagram (plan view, cross section, and profile) for the proposed road crossing at the development. The design for the road crossings needs to show the maintenance of the low/base flow stream channel immediately upstream and downstream of the culvert. A seal inside the culvert and construction of a floodplain bench may be required to prevent over widening of the channel. b) A vicinity map (not topographical) was not provided with the application. One should be provided showing the location of the project. The web sites Map Quest and Maps On Us work well for such purposes c) It is proposed that the existing pond will be drained. Please provide details for draining the pond and breaching the dam. Details should specifically address the protection of the stream and wetland that exists below the pond. Pursuant to 15A NCAC 2H.0507(h), please be advised that this project will be placed on hold until such time as the requested information has been received. In addition, this office is requesting that the Army Corps of Engineers withhold processing the 404 permit until the requested information is provided. If you have any questions, please contact Mr. Alan Johnson at (704) 663-1699 or Ms. Cyndi Karoly in Raleigh at (919) 733-9721. Sincerely, D. Rex Gleason, P. E. Surface Water Protection Regional Supervisor cc: Corps of Engineers-Asheville Office Ian McMillan - Wetlands Unit Chris Huysman Central Files Nt` o Carolina Ntura!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Triage Check List Date: 3/10/06 Project Name: Youngblood Road Property DWQ#: 06-0376 County: Mecklenburg Alan Johnson, Mooresville Regional Office To: 60-day Processing Time: 3/06/06 - 5/06/06 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! WN;t Wetland and Natural Resource Consultants, Inc. US Army Corps of Engineers March 1, 2006 Attn: Ms. Amanda Jones 151 Patton Ave, Room 208 Asheville, North Carolina 28801-5006 -" µ Y Re: Montreux, LLC -Youngblood Road Site (AID 2005833106) D V P Mecklenburg County, North Carolina Permit Application MAR 6 2006 Dear Ms. Jones: DENR - WATER QUALITY WETLANDS AND STQRMWATER BRANCH The purpose of this correspondence is to request that a Nationwide Permit 39 be issued for the above referenced property in Mecklenburg County. Notification of Jurisdictional Determination, Agent Authorization, Wetland Survey Map, and Impact Map are attached for your review. Impacts requested in this permit are less than 150 linear feet of perennial streams and include no wetland impacts. One road crossing accounts for 149 linear feet of stream impact, and 272 linear feet of intermittent/unimportant stream will be flooded to create a pond. The existing pond on site will be breached, but it is our understanding that this will not add to the site's impacts in that the activity does not require a permit. Your prompt consideration to this permit application is greatly appreciated. Please feel free to call with questions. Best regards, Chris HuYsman 828-320-8120 Cc: NCD WQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax NCD WQ Attn: Mr. Alan Johnson 610 East Center Ave., Suite 301 Mooresville, NC 28115 Canton Office wnrinc.com PO Box 882 Canton, NC 28716 828-648-8801 1 828-648-8802 Fax Needed Information for Jusidictional & Permit Requests: Name, Mailing Address, Phone Number of Owner/Applicant Name: Troy Ludemann Company: Montreux, LLC Address: 9945 B Charlotte Hwy 521 Fort Mill, South Carolina 29715 Phone: 704-369-9147 Street Address of Project 16116 Youngblood Road Waterway UT to Lake Wylie Basin Catawba City Charlotte County Mecklenburg Decimal Degree Coordinate Location of Project Site 35.0744078 N 81.0220462 W USGS Quadrangle Name Lake Wylie f, Wetland and Natural Resource ?. i.' Consultants, Inc. Department of the Army Wilmington District, Corps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina, 28402-1890 -and- NC Division of Water Quality Attn: Cyndi Karoly 2321 Crabtree Blvd. Raleigh, North Carolina, 27604-2260 I, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource Consultants, 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 Wetland and Natural Resource Consultants, Inc. staff. Wetland and Natural Resource Consultants, Inc, is authorized to provide supplemental information needed for permit processing at the request of the Corps or DWQ. Or'?{7dJ -!a :PJAWP?s, Property Owner of Record: 1 -ro y I-?+bcvwa,n•, r?Mo?T2E? l..L. C- J Address: q 0i Li 5 P) S 21 Address: Fork (V1i11 SL 11-71 S Address: Phone Number: ?. l h { 1 W yo?tnq?bIocd Pct. 1 Pcrc?1 ij 4r- 21 2910 to 5f'` Property Location: 7o4. 3t?t -q 1!tn A 4-e? -,?;,.: Owners Signature: Date: S 2 &. CS Newton Office Clyde Office PO Box 224 wnrinc.com 217 Paragon Parkway, # 142 Newton, NC 28658 Clyde, NC 28721 828-465-3035 828-627-0051 828-465-3050 Fax 1 828-627-0052 Fax U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200533106 County: Mecklenburg U.S.G.S. Quad: Lake Wylie NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Montreux LLC / Attn: Troy Ludemann Address: 9945 B Charlotte Hwv 521 Fort Mill, SC 29715 Telephone No.: 704-369-9147 Size and location of property (waterbody, road name/number, town, etc.) The site is located at 16116 Youngblood Road, in Charlotte, Mecklenburg Countv, North Carolina. Indicate Which of the Following Applv: _ Based on preliminary information, there may be stream channels on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. X There are stream channels on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the stream channels on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The stream channels on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this 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 not to exceed five years. The stream channels have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on - Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps Regulatory Official: 4A 19-? Date November 14, 2005 Expiration Date November 14, 2010 Page 1 of 2 Action Id. 200533106 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828- 271-7980 x. 231. Basis For Determination: The site contains stream channels with indicators of ordinary high water marks. The stream channels on the property are unnamed tributaries to Lake Wylie which flows into the Catawba River and ultimately flows to the Atlantic Ocean through the Santee Cooper River in South Carolina. Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. CF: WNR, Attn: Pamela Teague, P.O. Box 224, Newton, NC 28658 JL9 MAR 6 2006 Office Use Only: 1 D DtSAN R - WATER gllAlf "Version March OS TLANDD STOFd/AVATER BRMCH USACE Action ID No. DWQ No. (Many 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 Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 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 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's iwenty 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: See attached went authorization Mailing Address: Telephone Number: Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Chris Huysman Company Affiliation: Wetland and Natural Resource Consultants Mailing Address: P.O. Box 224 Newton, North Carolina 28658 Telephone Number: 828-320-8120 Fax Number: 828-465-3050 E-mail Address: wnrinceaol.com Updated t 1/1/2005 Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Youngblood Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 21729108. 21729106. 21729103. 21709103 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Charlotte. head south on Hwy 49. Turn left Youngblood Road. The property will be on the right on the west side of Capps Road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.0744 °N 81.0220 °W 6. Property size (acres): 70.719 acres with NCDOT R/W. 68.373 acres without NCDOT R/W 7. Name of nearest receiving body of water: UT to Lake Wylie 8. River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is approximately 95% forested. It includes one pond and three residences. Updated 11/1/2005 Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The project involves the construction of roads and lots associated with a housing development. 11. Explain the purpose of the proposed work: The project will provide access to high round through road crossings and will provide an aesthetic pond which will increase the value of the adjoining lots. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Notification of Jurisdictional Determination signed on November 14, 2005 (AID# 200533106) V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: One road crossing accounts for 149 linear feet of stream impact. 272 linear feet of intermittent/unimportant stream will be flooded by dam embankment. The existing pond will be breached in accordance with regulations such that permitting the breach is not required. Updated 11/1/2005 Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width. then divide by 43.560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Stream I UT to Lake Wylie road crossing perennial 5 149 0.0171 Stream 2 UT to Lake Wylie flooding intermittent 3 272 0.0187 Total Stream Impact (by length and acreage) 421 0.0358 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation, dredeina. flooding. drainap-e. bulkheads. etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A Updated I1/1/2005 Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): perennial 0.0171 intermittent 0.0187 Wetland Impact (acres): N/A Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.0358 Total Stream Impact (linear feet): perennial 149 intermittent 272 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ® stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): dam Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): aesthetic Current land use in the vicinity of the pond: undisturbed woods Size of watershed draining to pond: +1-5.5 acres Expected pond surface area: +/- 1.3 acres VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The road crossing, is necessary for access to hiRhRround. Breachine the existing pond does not require a permit, and DWO does not require mitigation for flooding intermittent streams. In addition, the intermittent streams are assessed to be unimportant. The proposed pond will provide aesthetic value to the adjoining lots. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Updated 11/1/2005 Page 5 of 8 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp://li2o.enr.state.nc.us/ncwetlands/strmgide.litml. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is required, since flooding intermittent streams does not require mitigation and perennial stream impacts are less than 150 linear feet. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Updated 11/1/2005 Page 6 of 8 Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. I I Zone* Impact Multiplier Required (souare feet) Mitieation 1 I N/A 13 (2 for Catawba) I N/A 2 1.5 Total I I I I * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel, Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0244, or .0260. N/A Updated 11/1/2005 Page 7 of 8 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious area will not exceed thresholds. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Existing: sanitary sewer will be utilized. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or-quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetIands. If no, please provide a short narrative description: No, the site will not provide utilities for the surrounding area. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A CT457 Applicant/Agent's'Signat>ire I Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 8 of 8 V Ji NC-T- -To sc-?Lc `, u p C17 O O N ya?.?nc?blo?? 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Y,,?1 ,it? / I- N M I I ° I J 81.0166666° W I I_ 181.0000000-W (cto')- Name: LAKE WYLIE Location: 035.0748382°N 081.0232567°W Date: 7/22/2005 MAR 2006 Caption: Montraeux LLC - Youngblood Road - 63 acres Scale: 1 inch equals 2000 feet DENR WAT ER QUALI onGllu bpyright (C) 1998- Maplech, Inc. :y !NAT rp SCVt) "'O "'"OO1ON" % \ -craRce T.. DIG I ?p ./' \ MALL - 00- SI-•o.o LL CLNtCR w .l rt in V \ •C. IT'S T.C TN[ uw I \ ¢.o. rc'm / - ?. - - %xn y / 1y? / \ \ ? ?IW r ?`1^, -^/' `', .i? ra` ]['r n o. 9'? Z 71 f 7 ! uly MAR 6 ZI1O6 / ,s° •'? \ q +•" v v v` v v IT /tENR -WATER QUALIT DSNiD ST(tMNATER BP, ..I \ ? \ Irv \ \ \ \ II I? \¢Z T0TAL :1REr1 +r'''t \ r \ II (PCSSieIE CYERLAP AREA :dCLUDED) I \ 7." (1"CLUCIRG NCZCT R/W - 71319 ACRES) (EXCLUCING NCOOT R/W - el1.313 ACRES) I _ It\ n s? a.G,° "t ..v I I v w?umra ,e artrlro: rt AGm: r \ °rr Kr - ?IY'• a v]ID :nC Rna rr« M «a 1? \ \ \ 1 \ «R¢r. trot ImID+ wrmrlr>r' ,3' - • \ \ \ \ \ I I w.?aan \ \ n u an?r"tl:? 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''.==r.:r March 1, 2006 US Army Corps of Engineers Attn: Ms. Amanda Jones ; 151 Patton Ave, Room 208 Asheville, North Carolina 28801-5006 r - - Re: Montreux, LLC - Youngblood Road Site (AIL) 2005833106) Mecklenburg County, North Carolina Permit Application Dear Ms. Jones: The purpose of this correspondence is to request that a Nationwide Permit 39 be issued for the above referenced property in Mecklenburg County. Notification of Jurisdictional Determination, Agent Authorization, Wetland Survey Map, and Impact Map are attached for your review. Impacts requested in this permit are less than 150 linear feet of perennial streams and include no wetland impacts. One road crossing accounts for 149 linear feet of stream impact, and 272 linear feet of intermittent/unimportant stream will be flooded to create a pond. The existing pond on site will be breached, but it is our understanding that this will not add to the site's impacts in that the activity does not require a permit. Your prompt consideration to this permit application is greatly appreciated. Please feel free to call with questions. Best regards, H?Nut- Chris Huysman 828-320-8120 Cc: NCDWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax NCD WQ Attn: Mr. Alan Johnson 610 East Center Ave., Suite 301 Mooresville, NC 28115 Canton Office wnrinc.com PO Box 882 Canton, NC 28716 828-648-8801 1 828-648-8802 Fax Needed Information for Jusidictional & Permit Requests: Name, Mailing Address, Phone Number of Owner/Applicant Name: Troy Ludemann Company: Montreux, LLC Address: 9945 B Charlotte Hwy 521 Fort Mill, South Carolina 29715 Phone: 704-369-9147 Street Address of Project 16116 Youngblood Road Waterway UT to Lake Wylie Basin Catawba City Charlotte County Mecklenbur Decimal Degree Coordinate Location of Project Site 35.0744078 N 81.0220462 W USGS Quadrangle Name Lake Wylie `Y_??•.. Wetland and Natural Resource Consultants, Inc. Department of the Army Wilmington District, Corps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina, 28402-1890 -and- NC Division of Water Quality Attn: Cyndi Karoly 2321 Crabtree Blvd. Raleigh, North Carolina, 27604-2260 I, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource Consultants, 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 Wetland and Natural Resource Consultants, Inc. staff. Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information needed for permit processing at the request of the Corps or DWQ. Property Owner of Record: -rro y ?, atww.n n (?>MoN TrtE v L-L- C- Address: g q y S g GL?a? r \o? 1 k w u S 21 Address: ForA- MM S L Z?1 1 S Address: Phone Number: Property Location: Ar Owners Signature: Date: Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax ; ?. I u m p li7 parczl ij 1- 2172`1 10 fa 70 eh 3t--l -R 1 !S-2L&- CS Clyde Office wnrinc.com 217 Paragon Parkway, # 142 Clyde, NC 28721 828-627-0051 1 828-627-0052 Fax U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200533106 County: Mecklenburg U.S.G.S. Quad: Lake Wylie NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Montreux LLC / Attn: Trov Ludemann Address: 9945 B Charlotte Hwy 521 Fort Mill, SC 29715 Telephone No.: 704-369-9147 Size and location of property (waterbody, road name/number, town, etc.) The site is located at 16116 Youngblood Road, in Charlotte, Mecklenburg Countv. North Carolina. Indicate Which of the Following Apply: Based on preliminary information, there may be stream channels on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. X There are stream channels on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. - We strongly suggest you have the stream channels on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The stream channels on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this 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 not to exceed five years. The stream channels have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on - Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps Regulatory Official: Date November 14, 2005 JExpiration Date November 14, 2010 Page 1 of 2 Action Id. 200533106 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828- 271-7980 x. 231. Basis For Determination: The site contains stream channels with indicators of ordinary high water marks. The stream channels on the property are unnamed tributaries to Lake Wylie which flows into the Catawba River and ultimately flows to the Atlantic Ocean through the Santee Cooper River in South Carolina. Corps Regulatory Official (Initial): 1!2f- FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. CF: WNR, Attn: Pamela Teague, P.O. Box 224, Newton, NC 28658 MAR 6 2006 Office Use Only: 1YETlgA}pgpNpSTpRMYyATEE &ersion March 05 USACE Action ID No. DWQ No. (1t 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 Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 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 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete 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: See attached agent authorization Mailing Address: Telephone Number: Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Chris Huysman Company Affiliation: Wetland and Natural Resource Consultants Mailing Address: P.O. Box 224 Newton North Carolina 28658 Telephone Number: 828-320-8120 Fax Number: 828-465-3050 E-mail Address: wnrinc@aol.com Updated l l/1/2005 Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Youngblood Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 21729108.21729106.21729103.21709103 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Charlotte, head south on Hwy 49. Turn left Youngblood Road. The property will be on the right on the west side of Capps Road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.0744 ON 81.0220 °W 6. Property size (acres): 70.719 acres with NCDOT R/W, 68.373 acres without NCDOT R/W 7. Name of nearest receiving body of water: UT to Lake Wylie 8. River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is approximately 95% forested. It includes one pond and three residences. Updated 11/1/2005 Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The project involves the construction of roads and lots associated with a housing development. 11. Explain the purpose of the proposed work: The 'project will provide access to high round through road crossings and will provide an aesthetic pond which will increase the value of the adjoining lots. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Notification of Jurisdictional Determination signed on November 14, 2005 (AID# 200533106) V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: One road crossing accounts for 149 linear feet of stream impact. 272 linear feet of intermittent/unimportant stream will be flooded by dam embankment. The existing pond will be breached in accordance with regulations such that permitting the breach is not required. Updated 11/1/2005 Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 1 00-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Imp act Impact Length (linear feet) Area of Impact (acres) Stream 1 UT to Lake Wylie road crossing perennial 5 149 0.0171 Stream 2 UT to Lake Wylie flooding intermittent 3 272 0.0187 Total Stream Impact (by length and acreage) 421 0.0358 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A Updated 11/1/2005 Page 4 of 8 6. List the cumulative impact to all Waters of the U.S. resulting from the project. Stream Impact (acres): perennial 0.0171 intermittent 0.0187 Wetland Impact (acres): N/A Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.0358 Total Stream Impact (linear feet): perennial 149 intermittent 272 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ® stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): dam Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): aesthetic Current land use in the vicinity of the pond: undisturbed woods Size of watershed draining to pond: +1-5.5 acres VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: +/- 1.3 acres Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The road crossing is necessary for access to hiah2round. Breachina the existing? pond does not reauire a hermit. and DWO does not require mitigation for flooding intermittent streams. In addition, the intermittent streams are assessed to be unimportant. The proposed pond will provide aesthetic value to the adjoining lots. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to Updated 11/1/2005 Page 5 of 8 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httP://h2o.enr.state.ne.us/ticwetlands/strm,,1de.litm1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is required, since flooding intermittent streams does not require mitigation and perennial stream impacts are less than 150 linear feet. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Updated 11/1/2005 Page 6 of 8 Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. . Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 N/A 3 (2 for Catawba) N/A 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0244, or .0260. N/A Updated 11/1/2005 Page 7 of 8 XI. _ Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious area will not exceed thresholds. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Existing sanitary sewer will be utilized. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at littp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No, the site will not provide utilities for the surrounding area. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A Applicant/Agent's 'Signathre I Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 8 of,8 Q F- m O 1 (o X U G 1 ro J 1"m 2006 ?upurr gTER BRANCH 1 C` T T? 1 Q r r nJ(? 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