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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 v ~~~~ -~~ D ~ u~ ,~, ~ ~ti~ -,~ Page 1 of 9 ~~~~' '' `"~~~rv~~r=,~ n~ ~'ac:r, ]p'~,I` 2ooio2a9 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. ~_ .~ .~ f'1 4} ~] '~ ,~~ ~~ f lq ~~ ~w•, ° j ,6 -; ~y *.. '~ ., ;~` L ;•!, .~` 9 4 ~ ~ ~ ~~ ~ ~' ~::. ~ ~ "' ~ '~ 1 C 'i ~~ '~ ,! ~ ~, ~~ ,~!`,, •~ _ ~ r 57: ~m W ~~ 5L.' r~r ~"~ r~ ^'.: S.. 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'err~.e~. 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 ~.