20052037 Ver 1_Complete File_20050114

Re: DWQ Application: Gastonia Cannax Site
-

Subjcct: Re: DWQ Application: Gastonia Cannax Site
From: Laurie Dennison <[e-mail]>
Datc: Wed, 09 Noy 2005 12:17:46 -0500
To: [e-mail]

ill~@~OW~@

NOV D 7.005

DE1;i(. \VATER CU;,L1TY
WETlAI :05 ;,~ m STOf\~.r":ATER CPJ.J;CIl

Thank you. I'll get the project in the loop today.

Laurie Dennison

[e-mail] wrote:

Please enter Frank Matthews (Owner of Matthews Management) as
Owner/Applicant. Let me know if you need any other information.

Thank you,

Tonuny Cousins
Kimley-Horn and Associates
Dir. 919.653.2900 Fax [phone]
[e-mail]

-----Original Message-----
From: Laurie Dennison [mailto:[e-mail]] Sent: Tuesday,
November 08, 2005 9:07 AM
To: Cousins, Tom
Subject: RE: DWQ Application: Gastonia Carmax Site

Tonuny:

I'm in need of an individual's name associated with Matthews Management (as permit
Owner/Applicant) to enter Gastonia Carmax Site project into the database. Please
reply to this email with that information at your convenience.

Thank you,

Laurie Dennison
Adminstrative Assistant
DENR-DWQ
Wetlands/401 Unit

1 of 1

11l9/200512:18PM

RE: DWQ Application: Gastonia Cannax Site

..

Subject: RE: DWQ Application: Gastonia Carmax Site
From: Laurie Dennison <[e-mail]>
Date: Tue, 08 Nov 200509:06:37 -0500
To: [e-mail]

Torruny:

I'm in need of an individual's name associated with Matthews Management (as permit
Owner/Applicant) to enter Gastonia Carmax Site project into the database. Please
reply to this email with that information at your convenience.

Thank you,

Laurie Dennison
Adminstrative Assistant
DENR-DWQ
Wetlands/401 Unit

1 of 1

11/8/2005 9:07 AM

Kimley-Horn
and Associates, Inc.

October 7,2005

u.s. Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Steve Chapin
151 Patton Avenue, Room 208
Asheville, NC 28801-5006

~~@[gDW~!ID

NOV 4- Z005
DENH. WA1m QUALITY
WE11JJlo3 NW STOi\I.lWATER BlWICH

Re: Gastonia Carmax Site
NWP # 39 Application Submittal
Gastonia, Gaston County, North Carolina

Dear Mr. Chapin:

Enclosed for your review is a copy of a Section 404 Pre-Construction Notification
pursuant to Nationwide Permit #39 for the above reference project. A copy of this
information has also been submitted to the NC Division of Water Quality to Cyndi
Karoly's attention. The following information is included as part of the application
submittal:

. Site Location Map
. USGS Topographic Map
. NRCS Soils Map
. Impacts Map
. Site Photos
. Pre-Construction Notification Form
. Agent Authorization Form

If there is any additional information you need or any way we can assist in
expediting the processing of this application, please do not hesitate to contact me at
[phone].

Very truly yours,
Kimley-Horn and Associates, Inc.

~~

Tommy Cousins
Environmental Scientist

Copy: Cyndi Karoly -NCDWQ

TEL [phone]
FAX [phone]

p,o, Box 33068
Raleigh, North Carolina
2i636.3068

Office Use Only:

Form Version Mareh 05

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit D Riparian or Watershed Buffer Rules
D Section 10 Permit D Isolated Wetland Permit from DWQ
D 401 Water Quality Certification D Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: r8J

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: D

II.

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 defri{~ ~~lfW[il fi\\

Applicant Information ~ ~
NOV 4 - ,Z005
1. Owner/Applicant Information
Name: Matthews Management \'''iTL~:7~tNt~t~~1I~,~~~I~.~JCH
Mailing Address: 609 S. New Hope Road Suite 200
Gastonia NC 28054

Telephone Number: [phone]
E-mail Address:

Fax Number:

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: Tommy Cousins
Company Affiliation: Kimley-Horn and Associates
Mailing Address: PO Box 33068
Raleigh, NC 27636-3068

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]

Page 1 of8

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 inforn1ation to be submitted on sheets no larger than II by 17-inch fonnat;
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 infonned that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Gastonia Cannax Site

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): 3556-80-2775, 3556-80-3642, 3556-80-3530,
3556-70-9545, 3556-70-4704, 3556-70-4627, 3556-70-4579, 3556-70-550, 3556-70-6430,
3556-70-1770,3556-70-2610

4. Location
County: Gaston Nearest Town: Gastonia
Subdivision name (include phase/lot number): N/ A
Directions to site (include road numbers/names, landmarks, etc.): From Charlotte, 1-85
South to N New Hope Road. Site is on the northwest quadrant of intersection of 1-85 and N
New Hope 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): 35.2712 ON 81.1517 oW

6. Property size (acres): ILl

7. Name of nearest receiving body of water: Duharts Creek (DWQ Index-11-129-19)

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://h20.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 currently contains 5 houses, a stream channel
Flowing north to south, an abandoned parking lot, a church, and a Boiangle's restaurant.

Page 2 of8

10. Describe the overall project in detail, including the type of equipment to be used:
The proiect will be to redevelop the abandoned theater/parking lot as a Carmax dealership. In
order to accommodate the site requirements, expansion of the site will include development
on the other side of the stream requiring a 135' oversized culvert which will be buried -1 ft.
deep and retaining walls (to minimize impact to the stream). There will also be underground
detention svstems with outfalls near the stream channel, including one disturbance which is a
10' wide plunge pool. Heavy construction equipment will be used such as grader, scraper,
bulldozer, paver, etc.

11. Explain the purpose of the proposed work: The pumose is to develop a Cannax used car
dealership.

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 ill 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. No pennits have been applied for or obtained.

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.
No future pennit requests are currently planned or anticipated.

VI. Proposed Impacts to 'Vaters of the United Statesl\Vaters 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
rip rap 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 descrip~ion, please attach a separate sheet.

1. Provide a written description of the proposed impacts:

The impact to the stream will

Page 3 of8

be a 135 ft. concrete culvert that will be buried -1 ft. to provide suitable passage for aquatic life.
This culvert will provide access to the other side of the stream where the display parking lot will
be located. There will be no dissapator by recent NCDENR guidance. There is also a 10' wide
plunge pool at one outlet from an underground detention system.
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,
I r t d t b h d fl d'

separately 1st Impac s ue 0 ot structure an 00 mg.
Wetland Impact Type of Wetland Located within Distance to Area of
100-year Nearest Impact
Site Number Type ofImpact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (ves/no) (linear feet)
N/A
Total Wetland Impact (acres) N/A

3. List the total acreage (estimated) of all existing wetlands on the property:

o

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
b . I d d T I I I . I I h X 'd hId' 'd b 43560

must e mc u e . o ca cu ate acreage, mu tIply engt WI t , t len IVI e )y ,
Stream Impact Peretmia1 or Average Impact Area of
Number Stream Name Type ofImpact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
1 UT Duharts Creek Culvert Peretmia1 3 ft. 138 0.009
2 UT Duharts Creek Plunge Pool Peretmial 3 ft. 10 0.0007
Total Stream Impact (by length and acreage) 148 0.01

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
fi 11 . d d' fl d' d' b Ikh d

I , excavation, re 19m9, 00 mg, ramage, u ea s, etc.
Open Water Impact Name of Water body Type of Water body Area of
Site Number Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) (if applicable) ocean, etc.) (acres)
N/A
Total Open Water Impact (acres) N/A

Page 4 of8

6. List th

1 .

llW

f h US

l' fi

e cumu ahve Impact to a aters 0 t e . resu tmg rom t 1e prOJect
Stream Impact (acres): 0.01
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters ofthe U.S. (acres) 0.01
Total Stream Impact (linear feet): 148

7. Isolated Waters
Do any isolated waters exist on the property? DYes [8J 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.

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): D uplands D stream D 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.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:

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 plan originally was to culvert the entire stream to allow for the maximum number of
display parking spots. The plan was changed to avoid impacts to most of the stream. The
proposed plan accommodates the minimum number of spaces A culvert and retaining walls are
proposed to allow access to the sales display lot.

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

Page 5 of8

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://h20.enr.state.nc.us/ncwetlands/strm gide. htm 1.

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 casement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Since the proposed impact is less than 150 linear feet, no mitigation is anticipated.

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
[phone] 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.statc.nc.us/wrp/indcx.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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0

Page 60f8

IX. Environmental Documentation (required by D'\VQ)

1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes D No [2]

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 (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No D

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 D No D

X. Proposed Impacts on Riparian and '\Vatershed Buffers (required by D'\VQ)

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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identifyN/ A )? Yes D No [2]

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
buffi I . r

er mu tIpj lers.
Zone. Impact Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba) 0
2 1.5 0
Total 0

· 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 I.

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 2B .0242 or .0244, or .0260.
N/A

Page 7 of8

XI. Stormwater (required by D\VQ)

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.
This proiect proposes impacts below the notification thresholds for NCDWQ.

XII. Sewage Disposal (required by D\VQ)

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.
N/A

XIII. Violations (required by DWQ)

Is this site in violation ofDWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact permit application? Yes D

No ~

XIV. Cumulative Impacts (required by D\VQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes D 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://h20.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The proiect will not result in or create the need for additional development.

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

-;:;., ___~~ /D/31/07:>
Applicant/Agent's Signature IDate'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of8

FRO)'! KENNEDY CovINGTON LOBD!LI. ,g. HICKMAN

.

(FRI) 2.11' 05 16151/ST. 16150/NO. 48614~0420 P 2

AGENT ~UTHORIZATIONFORM
Name: M~+t~e.I.ol) McY\C.5~W\~ ""+
Address: (0 0 ~ 5. N G. W 110 p~ l? 01. 5/.4, ,. -te.. .). 0 0
Phone:. (70r.f) ~(, 7 - G (J-( i
Project Name/Description: ~

[,-Qsi"1(Q NG/ ).'iOS(

Date: ,). / U/6 r;
I I .

The Department of the Army
U.S. Army Corps of Engineers, Wllmington District

Attention:
Field Office

Steve Chapin
Asheville

Re: Wetland Related Consulting and Permitting

To Whom It May Concern:

I, the current property owner, hereby designate and authorize Kimley-Horn and
Associates, Inc. to act in my/our bOhalf as my/our agent solel'( for the purpose of
processing of Section 404 permits ~d Section 401 Water Quality Certifications
app]ica~~~ns and to furnish upon request supplemental information in support of
applicationS, etc. from this day forward until successful completion of the pennjttin~
process or revocation by the owner.

Authorized this the II ~h day of E6t"1A.00'''v
(

(Y&lY\K fVta-ll~ewJ
Print Property Owner's Name

, ..?-605 _'
~,,~~ ~t!!/kLit
Property Own1r Signature .-
Ihs/'?u.-/
/?1-'J $if <!. U'$.. /1'10 ,.Jr-? ~A:t",_
C;;....../-- r (f) u/'''''.:.t:..- -

cc: Cindy Karoly,
N.C. Wetlands Unit
1621 Mail Service Center
fulleigh. N. C. 27699-1621

Project

Gastonia Carmax
Gaston County. North Carolina

Prepared For:

Date
10/7/05

Project Number
018202000

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Project

Gastonia Cannax
Gaston County, North Carolina

Prepared For:

Date
10/7/05

Project Number
018202000

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Project

Gastonia Carmax
Gaston County, North Carolina

Prepared For:

Date

10/7/05

Project Number
018202000

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PROPOSED GUARD RAIL
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Photo 1 - Southwest view from site towards 1-85

Photo 2 - East view from site towards Bojangles

Title

Site Photos

Project

Gastonia Cannax
Gaston County, North Carolina

Prepared For:

Date

10/7/05

Project Number
018202000

Photo Page
1

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Prepared by Torrany Cousins

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Photo 3 - West view from site

Photo 4 - North view from site

Title Site Photos

Project

Gastonia Carmax
Gaston County, North Carolina

Prepared For:

Date
10/7/05

Project Number
0]8202000

Photo Page
2

L:\prJ\temp\tbclcarrrn..ladmin\photo yag<s doc

Prepared by Tommy Cousins

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Photo 5 - North view of stream from 1-85

Photo 6 - North view of site from 1-85

Title

Site Photos

Project

Gastonia Carmax
Gaston County, North Carolina

Prepared For:

Date
10/7/05

Project Number
018202000

Photo Page
3

l.: IplJ'\tCft1lltbclcarmaxladmin1photo yages doc

Prepared by Toorrny Cousins

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