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HomeMy WebLinkAbout20041907 Ver 1_Complete File_20041129Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources i"`:. t 5t Alan W. Klimek, P.E. Director V Division of Water Quality JAN -1 o 205 January 5, 2005 DWQ# 04-1907 Mecklenburg County V ETU", J`s(Ui=fi'r;;??ftGf?41C?i?TLti, 3r tD57trrii?+ri B tiirN Mr. Jorome C Perillo KB Home Charlotte, LLC 6135 Lakeview Dr., Ste. 250 Charlotte, NC 28269 Subject: Aberdeen Subdivision, Shopton Rd. APPROVAL of 401 Water Quality Certification and Isolated Wetlands Permit with Additional Conditions Dear Mr. Perillo: You have our approval, in accordance with the attached conditions, to place permanent fill in 0.04 acre of jurisdictional 404 wetlands and 0.13 acre of isolated wetlands and impact 140 linear feet (If) of Stowe Branch in order to construct the Aberdeen Subdivision in Mecklenburg County, as described in your application received by the Division of Water Quality on November 29, 2004 and in additional correspondence received December 21, 2004. After reviewing your application, we have determined that these impacts are covered by General Water Quality Certification Number 3402 and the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permits expire unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions 1. The Mooresville Regional Office shall be notified in writing once construction of the project has begun. 2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401Metlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. 3. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes are installed in a perched manner, the pipes shall be removed and re-installed correctly. No Carolina ?tura!!y North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 501/6 Recydedl10% Post Consumer Paper The applicant must submit a plan and receive written approval from this office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert). Use of native vegetation and other soft streambank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be place in the stream bed, unless approved by the DWQ. 4. A final written stormwater management plan shall be approved in writing by this Office prior to the construction of any permanent facilities at the subject site. Stormwater discharge points shall be constructed in a manner such that the potential receiving streams or wetlands at the site will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities shall be performed so that no violations of state water quality standards, statutes, or rules occur. 6. Erosion and sediment control practices (including contractor-owned or leased borrow pits associated with the site) must utilize Best Management Practices (BMP) and must be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: a. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. b. The reclamation measures and implementation of these measures must be in accordance with the requirements of the Sedimentation Pollution Control Act. 7. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable 8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion form to the 401 /Wetlands Unit of the NC Division of Water Quality. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 9. Continuing Compliance. KB Homes shall conduct its activities in a manner consistent with state water quality standards (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify KB Homes and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to KB Homes in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AK/aj Attachments cc: Army Corps of Engineers, Asheville Cyndi Karoly, Wetlands Unit David Caldwell, Mecklenburg, Water Quality Central Files Tamp Bandy Triage Check List Date: Projefct Name: &21c-e 5kWL-',L DwQ#: o `t 19 o_ County: To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: Telephone : (919) -7 '3_3 5-4 3 The file attached is being forwarded to lour for your evaluation. Please call if you need as*tance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ?, Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments. t-""a, ( I r O-V ?`cl f d? / M 2f (/I?Lt$ IVII&V , NVIN tj4A!V? 041907 11 WN;t Wetland and Natural Resource Consultants, Inc. -.•. November 24, 2004 US Army Corps of Engineers NCDWQ Attn: Ms. Amanda Jones Mr. John Dorney 151 Patton Ave, Room 208 2321 Crabtree Blvd., Suite 250 Rr--n@r-10Wr= Asheville, North Carolina 28801-5006 Raleigh, NC 276042260 (? D L? D Re: KS Home, Aberdeen Subdivision PCN NOV 2 9 2004 Shopton Road West, Mecklenburq County, North Carolina Ms. Jones and Mr. Dorney: DENR - WATER QUALITY MTLANDS AND STORMWATER BRANCH The purpose of this PCN is to request authorization for impacts to regulated streams and wetlands for KB Home, for the proposed Aberdeen Subdivision. Impacts have been reduced to the maximum extent practicable and still maintain an econimically viable project with consideration to local zoning and development requirements. A stormwater management plan to provide minimum removal of 85% TSS is to be approved by the City of Charlotte prior to final permit approvals by the local government. Feel free to call with any questions that you may have. Sincerely, Tamp Bandy _D Newton Office Clyde Office PO Box 224 wnrinccom 217 Paragon Parkway, #142 Newmn, NC 28658 Clyde, NC 28721 828-465-3035 828-627-0051 828-465-3050 Fax 1 828.627-0052 Fax OCi-13-2004 14:36 iz,E HOhtEE 104ST-6230s P. 02,'02 wt4;t Nelland and Natural Resource Consultants, Inc. Department of the Army Wilmington District. Corps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina, 28402-1890 -and- NC Division of Water Quality Attn: John Dorney 2321 Crabtree Blvd. Raleigh, North Carolina, 27604-2260 1, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource Consultants, Inc. to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the C!ean Water Act and the Rivers and Harbors Act Federal and State agents are authorized to be on said Droperty when accompanied by Wetland and Natural Resource Consultants, Inc. staff. Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information needed for permit processing at the request of the Corps or DWQ. J.' /?? / ?1 ClC? I C ?? Property Owner / Applicant W I' ?/7 (O ?? 1---/ / Project Name: Address: Address: 76-) ?l 1' s700 Phone Number: Property Location: ?. Owners Signature: X Date: NC-Nton Off7ce Clyde O?Ice PC Box 224 wnrinc.com 217 Paragon Parkway, # 142 Newton, NC 28658 Clyde. NC 28721 828-465.3035 828.648-8801 828.465-3050 Fax 1 828-648-8802 Fax ?07AL P.02 I I Tt _ °I1IY1 1 1 1 1 1 1R9p1 'Iw I I I I I q01 °Iw I I I I I I §§?t017 'iVF I I I I I I §0f °IVY 1 1 1 1 1 1 EA 'iW l i 16 ? ' • '? ? ?'' ?? ? ? ` ? a " ?t it ? ,' ?_-':`? -- ?: ` - :;, ' ; ; - ' N i -^ - ?? •) ?? ?~? rA 1 I? o • "619/ i -( ? - I' /` _? -'. 1,; n -- Ir « It J(?\ { r./";.1?: / l iwptan AA ? ri 'Q r 'l- l? ? 4` ? ? \6Sp .?. r ?,I f ?• Ir ;A - „?`-' ? 1 +- a 11,1 ? J ?? k ?% T a 1.' 1^ ` -'r f ,(1 ' // ? ` ? J 8--? rr;,{ ? \.'.-, ?.. ii17i'': • ?,.,?I ' .:.. i?\?'""_.1? .?? - 11 r. ?- • '(- ,T 650 -7? - 11411 -IT 41- Al. Icy r ?e i:. \_ `??? , ? ???iT -? ? ?. ;?,r ? ? - ;RE'?' ??. t? ? ?•^--+.' y--<? : - 1~ilflks .? ?. 1 ' ?? '{ s? `• ?? tf) (rr hl ? ? ? 1 r r J LAKEi 1 vr r i N ty" ? ?'fi .ili F ` ?\? 1 1 ?? - ~ - l ' ? _ ? a• f •. e. s-=~- •- 1A . ? 569 t ? - ? .. 1<7 .! J I Y - _ e? SO7? 1 ? ' is 117:j?^. •'??^- ?? !".. `? / _. / `,? rI 1-/?/ er atlcn I t 1J 1 1h a spa . NEW_ IlK 1 d1! -W l 1 1 1 1 1 do!sbi Iv{, I I I I I do! °ivb I I I I I I do! °lvO I I I 1 dd °lv0 I I I I I do! -1vtr 1 1 11 Name: CHARLOTTE WEST Location: 035.1547903° N 080.9792029° W Date: 111242004 Caption: KB Home, Aberdeen SubdVision Scale: 1 inch equals 2000 feet Shopton Road West, Mecklenburg County Nbpbech. K8 Homes, Shopton Road West Site Mecklenburg County, NC !"N et) e Meg - - - LC 1 _ me: K- hi D ?t a ;0" _ - - !rA M es X 88: Ere R . e e-+ViYV L ? 4Y5 . .. z. Y ?? Office Use Only: 041 907 Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 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: ? 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: ? H. Applicant Information 1. Owner/Applicant Information Name: KB Home Charlotte LLC Mailing Address: Contact: Jorome C Perillo 6135 Lakeview Drive, Ste 250 Charlotte, NC 28269 Telephone Number: 704-%9-5700 Fax Number. n/a E-mail Address n/a 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: Tamp Bandy Company Affiliation: Wetland and Natural Resource Consultants. Inc. Mailing Address: P.O. Boa 224 Newton, North Carolina 28658 Telephone Number: 828-302-3437 Fax Number: 828-465-3050 E-mail Address: wnrincQ)aol.com UL Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full- Pagel of 7 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: Aberdeen Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a 3. Property Identification Number (Tax PIN): 19919125, 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Aberdeen (proposed subdivision) Directions to site (include road numbers, landmarks, etc.): from I-485, go south on Hwy 160, west on Shouton Road West, property on east side of road (see attached maps) 5. Site coordinates, if available (UTM or Lat/Long): 35.155°N 80.98°W (Note - If project 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): +I-75 7. Nearest body of water (stream/river/sound/ocean/lake): Stowe Branch 8. River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: exists as bandoned agricultural / pasture. Residential / vacant abandoned agricultural within vicinity of property 10. Describe the overall project in detail, including the type of equipment to be used: stream crossing and wetland fill to facilitate residential subdivision. Typical grading / earth moving equipment to be utilized for site preparation 11. Explain the purpose of the proposed work: residential housing 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. n/a 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 additional impacts are anticipated for future development VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. 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 Page 2 of 7 for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: pine and rip-rap for road crossing, clean fill Placment within wetlands for building lots 2. Individually list wetland impacts below: Wetland Impact Site Number (on ma) Type of Impact* Area of Impact (acres) ( Located within I00-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 fill 0.123 no 500 forested 2 fill 0.137 no 500 forested 3 fill 0.019 no 50 forested 4 fill 0.018 no 600 forested * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 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.gov. ***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: 1_1 Total area of wetland impact proposed: 0.296 3. Individually list all intermittent and perennial stream impacts below: Stream Impact No. (on ma Type of Impact* Imapact Length (linear ft) Stream Name** Average stream width Before Impact Perennial or Intermittent? (please specify) 1 pipe / riprap 140 Stowe Branch 5 perennial * 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 Page 3 of 7 USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 140 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and an other water of the U.S. below: Open Water Impact No. (on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) n/a List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, 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 D 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: 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. Site layout designed to avoid impacts to wetlands to maximum extent practicable based on current zoning, product requirements (type of housing to be built), and stormwater BMP requirements. Alternative layouts within the constraints of local and state ordinances and policies do not result in an economically viable proiecL Previous layout concepts which included an additional proposed stream crossing of Stowe Branch and complete 5114 of wetlands located adjacent to Shopton Road West have been abandoned for the current site plan. 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 freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 4 of 7 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 httpJ/h2o.enr.state.nc.us/ncwetiands/strmgide.htmi. 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. Approximately 4.75 acres of tree save areas and buffers adjacent to existing wetlands and channels on site are to be preserved in common open space. Approximately 1.4 acres of remainine waters and wetlands will be preserved in common open space. Minimum 35 foot buffers are to be maintained adjacent to Stowe Branch. Stormwater Water BMI"s designed to remove 85% TSS will treat both onsite and off-site stormwater runoff No additional compensatory mitigation requirements are anticipated. 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 NCWRP, check the NCWRP website at httpJ/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: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount of Non-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No 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 Page 5 of 7 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 ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above, All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 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 (square feet) Multiplier Required Miti ation 1 n/a 3 n/a 2 n/a 1.5 n/a Total n/a n/a Zone i extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 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 213.0242 or.0260. n/a XL 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. Site will incorporate Stormwater BMP's desiffned to remove 85% TSS. Stormwater treatment plans will meet State standards are to be approved by City of Charlotte. It is assumed that the issued WOC from DWO will be conditional upon approval of the stormwater management elan by the City of Charlotte. XIL 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. Page 6 of 7 tie into existing sanitary sewer outfall XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ?No Is this an after-the-fact permit application? Yes ?No XIV. 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). K X<, (Agent's signature is 4J ?ifZif/oV 's Signature Date id only if an authorization letter from the applicant is provided.) Page 7 of 7 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Shopton Road West Site Date: 10/8/04 Applicant / Owner: KB Homes County: Mecklenburg Investigator: Bandy, Huysman State: North Carolina Do normal circumstances exist on the site? Yes ® No E] Community ID:Wetland Is the site significantly disturbed (Atypical situation)? Yes El No ® Transect ID:1012 Is the area a potential problem area? Yes ? No ® Plot ID:WL 1000/1100 (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Liquidambar styraciflua FAC+ tree 9. Partenocissus quinq. FAC vine 2. Fraxinus pennsylvanica FACW sapling 10. Toxicodendron redicans FAC vine 3. Ulmus americana FACW tree 11. Eula/ia viminea FAC+ herb 4. Platanus occidentalis FACW- tree 12. Carex sp. FACW herb 5. Salix nigra OBL tree 13. Arun&naria gigantea FACW herb 6. Ulmus rubra FAC tree 14. Rubus alumnus FAC- herb 7. Corpus amomum FACW+ shrub 15. Boehmaria cylindrica FACW+ herb 8. Lonicera japonica FAC- herb 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 87 Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ? Inundated ® Saturated in Upper 12" ? No Recorded Data Available ? Water Marks ? Drift Lines Field Observations: ? Sediment Deposits ® Drainage Patterns in Wetlands Depth of Surface Water n/a (in.) Secondary Indicators: ® Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 10 (in.) ? Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: 10 (in.) ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: r. SOILS page 2 WL 1000/1100 Map Unit Name (Series and Phase): Wehadkee Drainage Class: Somewhat poorly drained Taxonomy (Subgroup): (We) Topic Fluvanuents Confirm Mapped Type? Yes ? No ? Profile Description: Depth Matrix Colors MotUe Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0_6 A IOYR 4/2 5YR 3/4 few/distinct loam 6-14 Bg 10YR 4/1 5YR 5/2 common/distinct clav loam IOYR 2/1 few/distinct / Hydric Soil Indicators: ? Histosol ® Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor ? Organic Streaking In Sandy Soils ? Aquic Moisture Regime ? Listed On Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No ? Wetland Hydrology Present? Yes ® No ? Hydric Soils Present? Yes ® No ? Is the Sampling Point Within a Wetland? Yes ® No ? Remarks: SOILS page 2 WL 2000 Map Unit Name (Series and Phase): Wehadkee Drainage Class: Somewhat poorly drained Taxonomy (Subgroup): (10 Typic Haeludalfs Confirm Mapped Type? Yes E] No ? Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) AbundancetContrast Structure, etc- 0-6 A 10YR 4/2 5YR 3/4 few/distinct loam 6-14 lBg 10YR 4/1 5YR 5/2 common/distinct clav loam IOYR 2/1 few/distinct / Hydric Soil Indicators: ? Histosol ® Concretions ? Histic Epipedon i] High Organic Content in Surface Layer in Sandy Soils p Sulfidic Odor p Organic Streaking in Sandy Soils ? Aquic Moisture Regime p Listed On Local Hydric Soils List E3 Reducing Conditions ? Listed on National Hydric Soils List ® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) Remarks: soil similar to 2000 WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No ? Wetland Hydrology Present? Yes ® No ? Hydric Soils Present? Yes ® No[:] Is the Sampling Point Within a Wetland? Yes ® No ? Remarks: I' • I DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Shopton Road West Site Date: 10/8/04 Applicant / Owner: KB Homes County: Mecklenburg Investigator: Bandy, Huysman State: North Carolina Do normal circumstances exist on the site? Yes ® No[:] Community ID:Upland Is the site significantly disturbed (Atypical situation)? Yes ? No ® Depression Is the area a potential problem area? Yes[-] No Transect ID: (explain on reverse if needed) Plot ID:WL 3000 VEGETATION Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum 1. Quercus phellos FACW tree 9. 2. Fraxinus pennsylvanica FACW sapling 10. 3. Nyssa sylvatica FAC tree 11. 4. Campsis radicans FAC herb 12. 5. Quercus lyrata OBL tree 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). too Remarks: HYDROLOGY ? Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ? Stream, Lake, or Tide Gauge ? Aerial Photographs Primary Indicators: ? Other ® Inundated ® Saturated in Upper 12" ? No Recorded Data Available ® Water Marks ® Drift Lines Field Observations: ® Sediment Deposits ? Drainage Patterns in Wetlands Depth of Surface Water. 0_2 (in.) Secondary Indicators: Depth to Free Water in Pit: 1n.) ® Oxidized Roots Channels in Upper 12" ® Water-Stained Leaves ? Local Soil Survey Data De th to Saturated Soil: 0 p fin.) ? FAC-Neutral Test ? Other (Explain in Remarks) Remarks: - , f SOILS page 2 WL 3000 Map Unit Name (Series and Phase): Iredell Drainage Class: Poorly drained Taxonomy (Subgroup): (Ir) jypic Hapludalfs Confirm Mapped Type? Yes E] No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munseil Moist) (Munsell Moist) Abundance/Contrast Structure, etc- 0-6 A 10YR 4/2 5YR 3/4 few/distinct loam 6-14 lBg 10YR 4/1 5YR 5/2 common/distinct clav loam IOYR 2/1 few/distinct Hydric Soil Indicators: ? Histosol ® Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ® SulTidic Odor ? Organic Streaking in Sandy Soils p Aquic Moisture Regime p Listed On Local Hydric Soils List ? Reducing Conditions 0 Listed on National Hydric Soils List ® Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: soil similar to 1000, WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ® No ? Wetland Hydrology Present? Yes ® No[:] Hydric Soils Present? Yes ® No[:] Is the Sampling Point Within a Wetland? Yes ® No ? 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I I I I r ~I I ~7 1 1 1 ~ I I I 1 ~ I I ~ 1 1 1 \ ,I _ r' ~ ~ ~ \ \ ~ ..r ~ 1 1 1 \ \ ~ M \ \ 1 7~ ~ 1 1 1 I \ ~T i'~ r ~ ~ 1 \ J 'J~ 1 I \ id Impact 3 ' ' X E x L1 1 I` I ~ I ~ \ I to t0 ~ ~ _ ` t I 4 ~ ~ I ~ I ' 1 - U I i - III I n 1 1 ~ Ly ~ \ ~ 1 1 / I ~ .AND, 1 ~ u ~ 1~ \+1 I 1 1 _ \ ~ ~I - ~ I ~ \ \ 1 _ _ ~ U _h7 ; \ 1 ~ - - - --E- L 1 a. EgS' ~ - _ ~ r' 1 _ i-- 1~ _ \ 1 ~ SbF _ - i'- II 1 / _ - ~ 1 I v S 8] 58'OS".'~ 512.75' 12.75' l \ N ~ 7- I 1 ! tp ! N 11 1 \ / 1 _ 1 ~ - \ - 1 1 I \ 1 1 I~ \ l ~ ~t \ ~ 1 ` I m ` ~ \ ~ \ 0 13 N \ ~ ~ M . ) N \ \ ! a,~' ~ ~ I ~ \ \ I 'ip 1 `I ~ I ! l ~ 1 I \ ~ ! ~ ~ _ ~ ~ , I ~ 00 ~ 1 11 ~ I I \ / rn ~ ~ 1 ~ I~ 1 r I ' UJ I `v 1 \ } ! 4 I i - 1 I I - 1 ~ ~y~ L I ! 11 \ ~ !ID I \ , I I 11 \ ~ ~ ! 1 67 U Wetland U N 1 1 Q~ ! It ~ ~ ~ \ ~~1 a \ N ! ! ! M R 1 \ 4 - Q,-..-- ~ 0) I ` \ 1 I ! 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