HomeMy WebLinkAbout20070289 Ver 1_401 Application_20070207
2pp74289
Redden Commercial
Village ~ rA ~
Troutman, Iredell County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS & NCDENR
Prepared For
John Redden
PO Box 126
Mooresville, NC 28115
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
(704)904-2277
*Subject to verification by the USACE
February 14, 2007
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Office Use Only' Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Appiicabie" or ..i~iti ./
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit Isolated Wetland Permit DWQ
X 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Approval from NCEEP -attached
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
Telephone Number:
E-mail Address:
John Redden
PO Box 126
Mooresville, NC 28115
Fax Number:
~~1~D.~
~~E3 1 ~ 207
ANDS ~1G? TC~R~AWA76R+RfiANCN
Z. 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: Leonard S. Rindner, PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 01 85
E-mail Address: lrindner(a,carolina.rr.com
Page 2 of 9
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 maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE 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: Redden Commercial Village
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Iredell County Nearest Town: Troutman
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps -near Intersection of I-77 Exit 42
5. Site coordinates, if available (UTM or Lat/Long): 35.6684°N, 80.8525°W (WGS84/NAD83)
USGS Shepherds (Note - Ifproject is linear, such as a road or utility line, attach a sheet that separately lists
the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): + 5.15
7. Nearest body of water (stream/river/sound/ocean lake): UT of Kerr Br/Weathers Creek
8. River Basin: Yadkin
(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: Undeveloped timbered woodland former agricultural areas,
single family residence; developing, commercial.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed commercial development
Page 3 of 9
11. Explain the purpose of the proposed work:
Proposed commercial development.
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.
Preliminary wetland and stream evaluation and delineation was conducted in conjunction with
project~lanning The stream was determined important intermittent by Steve Chapin of the
USACE Prior to this Amanda Jones of the USACE met with the property owner and
determined the stream to be intermittent and recommended an application be submitted. A
meeting was held with Barry Love of NCDENR to review Project planning,. Althoush the stream
is extremely degraded the lower 300 linear feet of stream was determined to be perennial
according to NCDENR stream determination criteria Alternative site plans were reviewed and
discussed at apre-application meeting at the site to demonstrate the impracticality of avoiding
and minimizing stream impacts based on the proximity of the stream to the existing road. The
proposed site plan includes a stormwater management facility as required and mitigation is
Proposed for 300 linear feet of perenniaUim~ortant intermittent stream impacts. A minor
modification is expected to the site plan once a road crossing culvert is permitted by the adjacent
property owner.
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.
Additional impacts are not expected If necessar~hey will be applied for appropriately.
V. 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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
Page 4 of 9
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: Impacts to streams are required
to prepare the site for the development of a small commercial village.
2. Individually list wetland impacts below: NA
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
_~.__ ~„
* List each impact separately and identify temporary impacts. Impacts include, but are not timnea to: mecnan~zeo c,earmg, grau,,,g, ~,,,,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.QOV.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: (wetlands, streams,
ponds)
Total area of wetland impact proposed: +/-0.15 acres
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Irn act Perennial or
Intermittent?
leases eci )
1 NWP 39 300' UT of Kerr Branch 6' PerenniaUNCDWQ
2 NWP 39 350' UT of Kerr Branch 6' Int. Stream/Unimp.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
n..._., c ,. c n
www.us~s.QOV. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: +/- 650 linear feet
***Mitisation Proposed for 3001inear feet of PerenniaVlmportant Intermittent Stream
Impacts.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
ba ,ocean, etc.
)
d din
* List each impact separately and identify temporary tmpacts. Impacts include, but are not limited to. fill, excavation, re g g,
flooding, drainage, bulkheads, etc.
5. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VI. 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.
Preliminary wetland and stream evaluation and delineation was conducted in conjunction with
project planning The stream was determined important intermittent by Steve Chapin of the
USACE Prior to this Amanda Jones of the USACE met with the property owner and
n....,, c ,.rn
determined the stream to be intermittent and recommended an application be submitted. A
meeting was held with Barry Love of NCDENR to review project planning. Although the stream
is extremely degraded the lower 300 linear feet of stream was determined to be perenmal
according to NCDENR stream determination criteria Alternative site plans were reviewed and
discussed at a Qre application meetirQ at the site to demonstrate the unpracticalrty of avoiding
and minimizing stream impacts based on the proximitx of the stream to the existm~ road. The
proposed site flan includes a stormwater management facility as required and mrti~ation is
proposed for 300 linear feet of perennial/important intermittent stream impacts. A minor
modification is expected to the siteplan once a road crossingLculvert is permitted by the adiacent
property owner This was discussed with Barry Love prior to submitting this application.
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
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 March 9, 2000, 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
NCWRP 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 nc us/ncwetlands/strmaide.html.
1. 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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
n..,,,. ~ .,rn
NCWRP, check the NCWRP website at http~//h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: NA
Amount of stream mitigation requested (linear feet): 300 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
VII. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federallstate) land?
Yes ^ No X
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 ^
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 ^
VIII. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ^ If you answered "yes", provide the following information:
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
(s care feet) Multiplier Required
Miti anon
1 3
n..~,. o ,.cn
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
IX. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
A stormwater management plan has been schematically developed for the site as depicted on the
attached drawings. Final plans will be submitted to NCDENR to meet the conditions of the 401
WQC as required prior to impacting the streams. .
X. 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.
Munic_pal System
XI. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No X
Is this an after-the fact permit application?
Yes ^ No X
XII. 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 1' t constraints associated with construction or sequencing that may impose limits on
work sc d les (e.g., draw-down schedules for lakes, dates associated with Endangered and
T}~e eneyl Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature
l7 a7
Date
n....,, n ,.rn
* Zone 1 extends out 30 feet perpendicular from near bank of channel; [.one l extenas an
additional 20 feet from the edge of Zone 1.
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4 4.3 4.6 q.9 1.2 1.5 km G
4 O.Z 4.4 0.6 0.8 1 mi
35.6679°N, 80.8521°W (NAD27)
USGS Shepherds (NC) Quadrangle M=-7. X11
Projection is UTM Zone 17 NAD83 Datum G=q. q86
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PRa~RnM
December 19, 2006
John Redden
PO Box 126
Mooresville, NC 28115
Project: Redden Con~nercial Project County: Iredell
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
acceptpayment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. )(f we have not received a copy of the issued 4{14
Permid401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEBP. Once NCEEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made. The amount of the Fn Lieu Fee to be paid to NCEEF by
an applicant is calculated based upon the Fce Schedule and policies listed at www.nccep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
V1;V .~lll WV+
Yadkin
03040102
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold Cool Warm Ri atian Non-Ri arian Coastal Marsh
Impacts 0 0 300 0 0 0 0 0
Credits 4 0 600 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts.
If the Section 404/401/CAMA permit(s) specify mitigation credits greater than indicated above additional mitigation credit
will need to be requested by the applicant. The mitigation will be performed in accordance with the Memorandum of
Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers
dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
Sincerely,
~•`z~
Wil ram D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Alan Johnson, DWQ-Mooresville
Len Rindner,agent
File
~~DYi'.i29... ~ ~ ... PYDt~~ OGI.Y StR~i ~ R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / www.rrceep.net
February 10, 2007
John Redden
PO Box 126
Mooresville, NC 28115
Five acre project on Hwy 21 south of McAllister Hill Road
TO WHOM IT MAY CONCERN:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S: Rindner, PW.S' as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina De ent of Natural Resources.
~~~- ~.~.
Na~e, nd Title ~~ Date --
f
Please contact me if you have any questions or require additional explanation. Thank
you.
~ ~
rely,. ~- ,l ~ r
~~~
~__ ~ ~°~
John Redden
~.