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
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WETLANDS AND STORMWATER BRANCH
Wetland and Natural Resource
Consultants, Inc. ''.==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
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Phone Number:
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Newton Office
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax
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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
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CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, eroded
CeI32 Cecil sandy clay loam, 2 to 8 percent slopes, eroded
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