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HomeMy WebLinkAbout19920617 Ver 1_COMPLETE FILE_19921109c ,.AST it •? New ?`1 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary November 12, 1992 Acting Director Mr. H. Thomas Webb First Carolina Investors Post Office Box 33607 Charlotte, North Carolina 28233-3607 Dear Mr. Webb: Subject: Proposed Fill in Wetlands or Waters Residential lot fill Mecklenburg County DEM Project # 92617, COE # 199202377 Upon review of your request for Water Quality Certification to place fill material in 0.47 acres of wetlands or waters for residential lot fill located at Providence Country Club off NC 16 in Mecklenburg County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact John Dorney at 919/733-1786 or 919/733-1787. Sincerely, A. res on Howar , Jr. P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DEM Regional Office Mr. John Dorney Central Files REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 9 19/57 1-4700 9 19/946-64 81 9 19/395 3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer DEM IDs ?? -? ACTION IDt NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT I'): 26 JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-45I1 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTNt MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE Sj' ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME2 FIRST CAROLINA INVESTORS 2. OWNERS ADDRESSt P.O. BOX 33607 CHARLOTTE, NC 282 - P?I?Or?N- OFA W 1 ' 4 1J17C IJM 3. OWNERS PHONE NUMBER (HOME)t (WORK) t (704) 375-9101 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: H. THOMAS WEBB, I I I P.O. BOX 33607 CHARLOTTE, NC 28233-3607 (704) 375-9101 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: MEC KLE NB URG NEAREST TOWN OR CITY: CHARLOTTE SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): AT PROVIDENCE COUNTRY CLUB OFF OF NC 16 PRIOR TO SIX MILE CREEK AT THE UNION COUNTY LINE 6. NAME OF CLOSEST STREAM/RIVER: SIX MILE CREEK 7. RIVER BASINt CATAWABA 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ) NO (X) 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ) NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITEt 0.47 AC (PHASE III) 3/30/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT; FILLED: 0.47 DRAINED: FLOODED: EXCAVATED: _ TOTAL IMPACTEDs 0.47 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): FILLING OF WET ANDS 13. PURPOSE OF PROPOSED WORK: CONSTRUCTION OF RESIDENTIAL HOMES 14. SOTS gE1?6pQNS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN`T TLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAN11 IMPACTS. "UNABLE TO POSITION HOUSE ON LOT TO AVOID WETLAND MINIMAL. FILL WILL BE USED TO CONSTRUCT HOUSE. 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENE SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY ?HE PROPOSED PROJECT. HAVE YOU DONE SO? YES ( j NO ( j (N/A) RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA'WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES ( j NO ( j (N/A) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPERTY? RESIDENTIAL F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? GRAVITY SANITARY SEWER DRUNK LINE /v?y? SL OW ER SIGNATURE DATE MEMORANDUM INITIALS: Reviewer: T0: /ohn Dorney WO Supv:-D/Z9- Planning Branch Date SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)*** PERMIT_YR: 92 PERMIT-NO: 0000617 COUNTY: MECKLENBURG APPLICANT NAME: FIRST CAROLINA INVESTORS PROJECT-TYPE: RESIDENTIAL FILL PERMIT-TYPE: NW26 COE_#: 199202377 DOT_#: RCD_FROM _CDA: APP DATE _FRM_CDA: 10/14/92 REG_OFFICE : MRO RIVER-AND-SUB-BASIN-#: C,1d 03v8 38 STREAM-CLASS: G STR_INDEX_NO : #- /3tq ' V WL_IMPACT?:5VN WL_REQUESTED: HYDROCNECT? :N MITIGATION?: Y16 MITIGATION-SIZE: AY4 WL_TYPE: ??22G ?G i "7? WL_ACR_EST?:d)N WL_SCORE(#): 9 MITI GATION_TYPE: A)lJk? IS WETLAND RATING SHEET ATTACHED?: N /RECOMMENDATION (Circle One): ISSUE SSUE/COND DENY ?j COMMENTS : l ? Z S ?iJ CL ? x.. ??b 5 du ZYO, Zl zs-,3 ? cc: Regional Office Central Files WETLAND RATING SYSTEM WORKSHEET Project No. or description 9: ?, ? 7 Location //?J?,? /? _/ County /?[C?C??, Nearest road or town e?t /!10</lL River basin Nearest strea G+?e,- and classification Evaluator &2i?GC Agency and address Date and time evaluated- Major Wetland Type -f/Ar` ) Approximate size of wetland system n.07 acres Approximate extent of wetlands in area acres within miles Three most common plant species (in order): Soil Series (if known) &AU* W,,oJ Hydrologic indicators -- Direct surface hydrologic connection? YES NO Existing Conditions Drainage _ Disturbance Restoration potentia Restoration value is site known to provide habitat for rare, endangered or threatened species?Ufik0XWIf so, list species observed or recorded. Item No. I. Location/Landscape 1 Natural area buffer 2 Sensitive watershed 3 Dispersal corridor system II. Ecological Values 4 Special ecological attributes 5 Wildlife habitat 6 Aquatic life 7 Water storage 8 Streambank stabilization 9 Removal of pollutants III. Human Values 10 Outdoor recreation/education 11 Economic value Total score Site description and notes: 9 13 Score (circle one) 5 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 1 0 5 4 3 1 0 5 4 2 1 0 5 a 2 1 0 5 4 3 2 1 5 4 3 2 1 0 302.47' S 84-0 /'52- E 847.47' k 235.00' /rlCR/EEEK WE I (.ANDS 1 tU 00, ( FIELD LOCATED ) 245 o? 0 oa ,53063 SQ FT W rx OVERHEAD I o° 244 anon I INI` .? s. b 31 487 SO I 'l I i I FtOACK ° _ I to i T41 bd?156 N N/ 1 I ?' Jry \ C1 q6' 4 2 N h )0 FT I 7 v ti ,, 241 ,I I i , 2'':1•?F;:> Q 31380 S.0 ?f 7 , C8 243 v L 6v A? I v 3u930 SO F7 ry -'0,7'.9 a c? I I U 4 o f Zn N; b? I M 12911 I ?? 7UO.U1' o 00 /? 1^ ry) t4'SL'33' w ;5 - V I SETBACK ,101 0' G. 0) 35 MIN C. '8684, SQ I I Q i v 33" t 208.91 (TOTA 56.47- 247 N t34- 32' 6 F S ?' ) ?? I 52.44' IT 0 ^ ; I 52'3 SQ F1 ul o (/R7 4( o? a y LOW MI AOUW CU 39 S r W 22U.UU' ?! C2 7?J x'06" R W N r 76, ?. 24 0 S B4' S2' 33" 18 ?T w oo 91 (TOTAL) C 1 O? °' O I 84'32'33" n+ I ?. •.'i'r'1S SIGN - SF _TRACK S ? ?-'?-40' f'SUIt Z _ I l }5' MIN. BLDG 248 ^ II = i v° w n N N 12910 + 4454 SO f T I N o I 5 253 l' s/ I )6128 SO {" I N 7 21761 SO 'I I 220.00• N ? +^ 254 II c, I W I u> S 84'32'3Y E 2 r36fi SQ Fri, / v W? c N 84'32'33' u, ?? I N I ml A 209.18 I ?G I I :III N S A\ 1 N m C-` f . 11 I 249 11 q 25691 SO F I I ?814R SO F7 256 I Tou Uo S 83'70'04" E N 8.3'20' S8 00' I 33 5}. ? ? ? v ?/ 04' W 150.00' I 2 843 ? V1ir '51 ? \ ??' ba L, \ \ a6ap I of _X. OVERHEAD °\Z v 5 33001 SQ I I JTILITY HNFS i 250 9??\ a\ ( 1257 i; ° ?o` S• a% 111 258 349,'7 SQ FT 1 /? t n CREEK 09 5d / j9 \ \ N ve I l w lp 5? `? , c,y N 8`20'04' W z PROPOSED PRC +It,Afl„I F l 'YI 6. PF' 251 eP??' ??' cl4 _ F1RST CAROLINA S/ P LONG 1 I CO VF p ti Jy 0 A' ,pry. y ?0 CF'hq+.k F-? B.UH• - _ RfVF Sj s gory ( ,`, py ', 8 1"20'04'j?F 260 .h w ??? ?• Q? 29691 i 6 'l ,489 SQ I'SL1[ - ?' '?O o 252 i ?°?' s sJ. $ I 26 ; 259 iBAC.r ?h' 30328 5(1. F T. ' ?BLO? st lHM w r,? ? J?h .` ` St's )C? ?C) j ? G?6 _ ri:b•I??- ? Ia0 C17 ;'9Al Sc- F T >4 s•,. 1 co tip. _1il __rni . r D DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. IYA 1890 Wit_MINGION, NOM I J CAIIOUNA 28102-I89o W FIMY nrrrn ro Regulatory Branch June 11, 1992 Action TD. 199202377 And Nationwide Permit No. 26 (Headwaters And Isolated Waters) First_ Carolina Investors Realty Company c/o ESP Associates Post Office Box 700 Pineville, North Carolina 281.34 Centl.emen: P,eeC , (, - /S- q ')- Reference your written request of March 12, for Department of the Army (DA) authorization to fill Approximately .47 acres of wooded wetland and abandoned stream channel on An unnamed, headwaters tributary to Six-mi.l.e Creek at Providence County Club Subdivision south of Charlotte, Mecklenburg County, North Carolina. This proposed fill Area is restricted to lots 240, 241 253, 254, and 257 only. These lots Are Located off long Cove Drive and Low Meadow Court. For the purposes of the U.S, Army Corps of. Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published In the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for disciharges of dredged or fill material. into headwaters and isolated waters provided: A. the discharge does not cause the loss of more than 10 acres of waters of the United States; b. the permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre, in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must Also include a delineation of affected specific aquatic sites, including wetlands; And c. the discharge, including all Attendant: features, hoth temporary and permanent, is part of A single and complete project. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any ... ft -2- required State or local approval. For your information, none of the previously designated wetlands adjacent to Sixmile Creek are eligible for authorization under Nationwide Permit 26. These wetlands are below stream headwaters and any filling activity must be authorized by an individual DA permit. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 259-0857. Sincerely, tie Wrig t Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary -? /V -2 Dear Sir or Madam: George T Everett, Ph.D. Director SUBJECT; hOl WATER QUALITY CERTIFICATION c The Division of Environmental Manageme t (DEM) received a letter from the Corps of Engineers (COE) st ting that your project qualified for a Nationwide Permit. Please be advised that the Nationwide Permit is not valid until a 401 Water Quality Certification has been issued by the Divisi n. General Certifications have been issue by the Division for most of the Nationwide Permits, however, several of the,, nera.l Certifications require written concurrence m the Division before the Nationwide Permit is valid. ? If you are utilizing Nationwide Permit # 26 and your fill activity is equal to or less than one-third (1/3) of an acre you are not required to obtain written concurrence. Otherwise please complete the attached form (except for conditions 15 and 16) and send six additional copies (a total of seven copies) so that the review of your request can be initiated. If you have any questions, please call me or Mr. John Dorney at 919-733-1786. Sincerely, County, COE Project # ? OZ37? Eric Galamb Applic tr cc: vC?U- DEM Regional Office '6 Mr. John R. Dorney REGIONAI. OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 7(k1/)51-6208 919/486-1541 7(kt/E63-1699 )19/571-4701 919/946 (A81 919/395-3(XX) 919/8967007 P.O. Box 29535, Raleigh, North Can?lina 270264)5,35 1-lephrmc 919-733-7015 Pollution Prevention Pays DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO June 11, 1992 Regulatory Branch Action ID. 199202377 and Nationwide Permit No,• 26 (Headwaters and Isolated Waters) First Carolina Investors Realty Company c/o ESP Associates Post Office Box 700 Pineville, North Carolina 28134 Gentlemen: Reference your written request of March 12, for Department of the Army (DA) authorization to fill approximately-47 acres of wooded wetland and abandoned stream channel on an unnamed, headwaters tributary to Six-mile Creek at Providence County Club Subdivision south of Charlotte, I1ftAit`let4burt County, North Carolina. This proposed fill area is restricted to lots 240, 241 253, 254, and 257 only. These lots are located off Long Cove Drive and Low Meadow Court. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided: a. the discharge does not cause the loss of more than 10 acres of waters of the United States; b. the permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected specific aquatic sites, including wetlands; and c. the discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any -2- required State or local approval. For your information, none of the previously designated wetlands adjacent to Sixmile Creek are eligible for authorization under Nationwide Permit 26. These wetlands are below stream headwaters and any filling activity must be authorized by an individual DA permit. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 259-0857. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure); Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of r Environment, Health and J Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687