Loading...
HomeMy WebLinkAbout20000298 Ver 1_COMPLETE FILE_20000801MAY-17-00 03:01 PM W 6294653030 P.01 WNR, Inc.:; 720 Sou h Main Avenue Newton, NC 28658 Fax: 828 / 465-3050 7 TampW Ban n 828 / 312-9206 ChH5 UY" 628 / 3124207 Jennifer R4bertson 828 / 312-9205 Fax To: 306 Domey From: Chris Huysman Fax: 919 733 9959 Pages: 3 Phone: Date: 05/17/2000 Re: D iq 000298 and 000295 CC: O Urgent 13 For Review 0 Please Comment 0 Please Reply 0 Please Recycle Request dditional time to address concerns raised in your letters, i NCDWQ 00298 hooking into reducing impacts to the channel with flsh and crayfish. Evaluatin key stone walls and other issues. NCDWQ 800298 Getting better site plan and evaluating "channel" relocation 9 MAY-17-00 03:01 PM W 9294663050 P.02 a i State of North Carolina Department of Environment and Natural Resources Division Qf Water Quality James B: Hunt, Jr., Governor Bill H014n, Secretary Kerr T. Stevens, Director A 1 0 NCCAf1OLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsOURces May 3, 2000 DWQ Project 0 000293 Mecklenburg County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. John W. Wallace 14324 Ea4eld Road Huntersvllle, NC 28078 i Dear Mr. Wallace: Division of Water Quality has reviewed your plans for the discharge of fill material into 0.99 acres of we lands and an unclosed length of perennial streams located at SR1394 and SR2426 near Ranch Creek in Mecklenburg County for a residential development at Poplar Tent Road site in Huntersville as described i your application dated February 21, 2000. Insufficient evidence is present in otar Cites to conclude th it your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H 0506: Therefore, unless modifications of the proposal are made as described below, we will have to ma 'a toward denial of your 401 Certification as required by 15A NCAC 211 .0307(e) and will place this project on hold as incomplete until we receive this additional Information, we are requesting (by copy of this lett4) that the U.S. Army Corps of Engineers place your project on administrative hold. PI an provide us with informadon supporting your position that states your project must be eonstruc as planned and that you have no practicable alternative to placing till in these waters and/or wetlands. ifically can you 1) specify the length of stream to be impacted, 2) avoid the stream impact (other than ad crossings) or relocate the stream using proper stream restoration methods (e,g., not making it into a ditph), 3) reduce the impact to the non-isolated wetlands to 1/3 acre or less, (including the unavoidabl' road crossings), 4) provide a site plan at a scale which Is legible and S) provide a stormwater site plan fot the commercial/retail portion of the site? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful In our review of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H " .0506(h), tour mitigation proposal is Insufficlem because none was proposed. P an respond within three weeks of the date of this letter by sending a copy of this information to me and to a Mr. Samar Bou-ghazale, Mooresville Regional Office at (704) 663-6040. If we do not hear from you i three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any questions, Sincere! DyY cc: Moo Ville DWQ Regional Office Ash. lle Field Office Corps of Engineers Cen Files File Cppy Chris E uyaman; Wetland do National Resources Consultants, Inc. Wedan(wWl Unitl621 Mail Service Center Raleigh, North Carolina 27669.1621 Telephone 919.733-17%TAX # 733.9959 An Equal Opportunity Afflrnudve Acdon Employer 50% ncycled/l0% port coeeumer P9W MAY-17-00 03:02 PM 9264653050 P.03 I I ,._ State of 146rth Carolina Departm nt of Environment r and Nah ral Resources Division of Water Quality James B. unt, Jr,, Governor NCDENR Bill Holm , Secretary NOMTH CAROUNA DEPARTMENT CIr Kerr T. St vens, Director ENviRONMENT AND NATURAL RESOURCES May 1, 2000 DWQ project 0 00029$ Mecklenburg County CERTIFIED?MAEL-RETURN RECEIPT REQUESTED Mr. John W ley Wallace 14324 East Field Road Huntersville; NC 28078 Dear Mr. W411aee: Th Division of Water Quality has reviewed your plans for the discharge of fill material into 0.60 acres of we ands and 2,150 linear feet of streams located at SR 2459 in Mecklenburg County for Senior Citizen Resi entiai Development as described in your application dated February 21, 2000. Insufficient evidence is resent in our files to conclude that your project must be built as planned in waters and/or wetlands in cordance with 15A NCAC 2H,0506. Therefore, unless modifications of the proposal are made as do ribed below, we will have to move toward denial of your 401 Certification as required by 13A NCAC 2H,0507(0 and will place this project on hold as incomplete until we receive this additional information we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on a 'nistrative hold. pi provide us with information supporting your position that states your protect must be constructed planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. S iftcally can you provide compensatory ? mitigation ormwater manaQ me linear fact of plan will need to be with crtyfrs as located in the field by DWQ Finally approved f this site. Any documentation such as maps and narrative that you can supply to address alternative esigns for your project may be helpful in our review of your 401 Certification. Also this project will require"? ompensatory mitigation as described in 15A NCAC 2H .0506(h). Your mitigation proposal is insufficient,Uecause none was proposed. Fi a respond within three weeks of the date of this letter by sending a copy of this information to me and to Mr. Samar Bou-ghazale, Mooresville Regional Office at (704) 663-6040. If we do not hear from you i three weeks, we will assume that you no longer want to pursue this project and we will consider the project its withdrawn, I can be reached at 919-733-96461f you have any questions. rc n R. le- ly i cc: Moore ville DWQ Regional Office Contra Files File C py Ashe lie Field Office Corps of Engineers Chris uysum; Wetland & National Resource Consultants Wetlands/4o1 Unit1621 Mail 9Service 33-Center 17e6PAeigh. North Carolina 27669-1621 Telephone An BgUai Opportunity Affirmative Action I.mployer "% r.cyeteN10% post consumer peper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director 1 ? • AWM% IL NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 1, 2000 DWQ Project # 000298 Mecklenburg County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. John Woodley Wallace 14324 East Field Road Huntersville, NC 28078 Dear Mr. Wallace: The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.60 acres of wetlands and 2,150 linear feet of streams located at SR 2459 in Mecklenburg County for Senior Citizen Residential Development as described in your application dated February 21, 2000. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you provide compensatory stream mitigation for the 650 linear feet of stream with crayfish as located in the field by DWQ staff? Finally a stormwater management plan will need to be approved for this site. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H .0506(h). Your mitigation proposal is insufficient because none was proposed. Please respond within three weeks of the date of this letter by sending a copy of this information to me and to the Mr. Samar Bou-ghazale, Mooresville Regional Office at (704) 663-6040. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be reached at 919-733-9646 if you have any questions. JJnn R. ney cc: Mooresville DWQ Regional Office Central Files File Copy Asheville Field Office Corps of Engineers Chris Huysman; Wetland & National Resource Consultants Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1786FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper MEMORANDUM TO: John Dorney Regional Contact: Samar Bou-ghazale Non-Discharge Branch WO Supervisor: Rex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name John Woodley Wallace Charlotte Site County Mecklenburg Project Number 00 0298 County2 Recvd From APP Region Mooresville Received Date 3/7/00 Recvd By Region Project Type Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 26 F__OO Y O N I 13-17-4 r C F_- 30,711. F_ 149.00 -? r?- F - 14 F_ [U0 N F- F_ F-F_ F 7.-- F__ F_77 I -I ?..? Mitigation Wetland MitigationType Type Acres Feet v3A Is Wetiand Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y * N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? Q Y O N Recommendation: Q Issue 0 Issue/fond O Deny Provided by Region: Latitude (ddmmss) 352401 Longitude (ddmmss) 804616 Comments: The applicant is proposing to fillseveral intermittent streams within the proposed development of a senior citizen residential subdivision. Site investigations revealed that approximately 650 linear feet of the 2nn sprees channel (shown on the map.) were found to have sjgnifim .aquatic value (ie. crayfish were noted in the stream ajproximately 150 feet from its origin)- Mitigation is required if more than 150 feet of stream is imps .ted Three existing waste lagoons will be replaced by two storm water ponds- Also, the stream located on the west side of the three lagoons will he r -ro lted through the two proposed stromwater ponds. cc: Regional Office Central Office Page Number 1 Facility Name John Woodley Wallace Charlotte Site County Mecklenburg Project Number 00 0298 Regional Contact: Samar Bou-ghazale Date: 4/26/2000 Comments (continued from page 1): cc: Regional Office Page Number 2 Central Office State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director ILF!WAA NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2000 County DWQ Project # APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP Dear Mr. You have our approval, in accordance with the attached conditions and those listed below, to place fill material in acres of wetlands and linear feet of streams for the purpose of at in County, as you described in your application dated , 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number This certification allows you to use Nationwide Permit Number _ when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us 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 this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notify the state in order to assure compliance for future wetland and/or water impact. 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). '_. An additional condition is that a final, written stormwater management plan shall be approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 8551o TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the stromwater management facilities, as approved by this Office, must be constructed and operational, and the stormwater plan, as approved by this Office, shall be implemented. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 211 .0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration Program. You have one month from the date of this Certification to make this payment. For accounting purposes, Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper this Certification authorizes the till of acres of riparian wetlands and acres of non- riparian wetlands or _ feet of streams, in river and subbasin and acres or acres of riparian restoration , acres of non-riparian restoration and linear feet of stream restoration are required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A 211 .0503(b)). 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 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions arc 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 John Dorney at 919-733-9646. Sincerely, Kerr T. Stevens Attachment cc: Corps of Engineers Field Office DWQ Regional Office File copy Central Files Ron Ferrell; Wetland Restoration Program Todd St. John NOR1I-I CAROLINA-DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, has permission as outline below for the purpose(s) of' proposed . All activities associated with these authorized impacts must be conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM LOCATION COUNTY: BASIN/SUBBASIN As required by 15A NCAC 2H .0506, and the conditions ol'this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must he rounded to one-quarter acre increments according to 15 2r .0503(b) acres of Class WL wetlands acres of riparian wetland acres of non-riparian wetlands acres of Class SWL wetlands w7 linear feet of stream channel (other) One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of 'a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISON OF WATER QUALITY 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 TRIAGE CHECKLIST Project Name: Project Number: QpUa2 %? County: / /`jc?_x The attached project has been sent to you for review for the following reasons. Please consider whether a site visit is needed to determine the impacts. Particular attention should focus on the below checked items. Please feel free to call the central office staff member assigned to your region if you need assistance. ?tream length impacted. JY9 i_FJ _ - Stream determination (i.e. intermittent or perennial, or any channel present). Wetland impact and distance to blue-line surface waters on USGS topo map. - Minimization/avoidance options. - NW 14. (is access to highground or wetlands)? Neuse buffer rules. Pond (water) fill (i.e. is the pond drained or holding water)? _ Pond creation (i.e. in uplands, in a drained channel, or in wetlands). Please locate streams and channels (if any) so that the central office can determine. Mitigation ratios. Stormwater pond placed in wetlands. Ditching in wetlands. Is the applicant's proposed stream/wedand mitigation site available and viable? Applicandconsultant has a history of non-compliance (check drawings and application for accuracy). - Has project been split from previous work to avoid mitigation requirements? - Consistent with pre-application meetings? - Cumulative impact concerns. OTHER: Wetland and Natural Resource Consultants Inc. +.? •.tY. J fY • ? 1r U.S. Army Corps of Engineers Attn: Mr. Steve Chapin 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 Re: Wallace Property (+/- 47 acres) Charlotte, Mecklenburg County, Dear Mr. Chapin and Mr. Dorney: PAYMENT RECEIVED W 7 2B 11 February 21, 2000 N.C. Division of Water Quality Attn: Mr. John Dorney 4401 Reedy Creek Road Raleigh, North Carolina 27606 North Carolina 00029 The purpose of this letter is to request authorization for proposed impacts to jurisdictional wetlands and waters resulting from the construction of a proposed Senior Citizen Residential Development located in Mecklenburg County. The property is owned by Mr. John Woodley Wallace and is located on Eastfield Road near the Cabbarus County line; the site is located on the attached Cornielius, NC Quadrangle (attachment 1). Mr. Wallace is closing the family dairy and fertilizer / composting facilities located on the site and replacing them with the proposed development. Site development will replace approximately 5 acres of existing animal waste treatment lagoons with approximately 5 acres of water quality ponds that include littoral plantings. Site development maintains high-grade channels on the site while directing impacts toward low- grade relocated channels. Littoral plantings will likely increase the acreage of jurisdictional wetlands on the site. Linear footage of channels will be lost; however, these low-grade channels are not assessed to be important in aquatic function due to the absence of aquatic life. Site Conditions: The development site is located entirely within areas utilized for dairy farming and composting operations. The wetland surface hydrology of the site has been significantly altered in the vicinity of non-jurisdictional waste treatment lagoons as part of the agricultural operations. The attached Cabarrus County Soil Survey (1976 aerial photo) shows no impounded water or channels on site (attachment 2). The agricultural operation pre-dates cattle exclusion BMPs and therefore all jurisdictional features on site exhibit degraded characteristics associated with heavy use by cattle, erosion, and farming equipment (see attached wetland and channel data forms). The three large lagoons located in the center of the site have been determined by the Corps to be non-jurisdictional waste storage and treatment lagoons installed for compliance with the Clean Water Act. Surface water flow from the area above the lagoons has been diverted 828."312-9207 Chris 720 South Main Ave. 828,312,"9205 Jennifer Newton, NC 28658 8284312"9206 Tamp 828."465-3050 Fax to an excavated ditch running along the slope located west of the lagoons. A small watering hole is located below an offsite pond. This feature is excavated in high ground, and has no connection with the jurisdictional channel below. The "1000 series" pond, approximately 0.7 acre in size, appears to be used by cattle for drinking and bathing, has poor water quality, and is not anticipated to support aquatic life (no aquatic life was observed on site visit). A ditch excavated in high ground along the slope north of the pond conveys any excess flow off site. Channels associated with the 200 series are in their best condition off site down stream of the power right-of-way. The channel has not received the heavy use by cattle as the other channel series. When evaluated, there were no fish or crayfish present in the channels associated with flag series 100, 200, 300, or within any of the relocated channels. Site development will redirect relocated channels back into the drainage where the lagoons are located and restore the historic hydrology of the basin. Proposed Impacts: The project requests impacts under NW Permits 14 and 26 and their 401 Water Quality Certifications. Impacts proposed under Nationwide 26 include: • Approximately 300 linear feet of fill in intermittent channel 100 (unimportant in aquatic function) (attachment 3) • Fill within the entire length of the 200 series channel (approximately 650 linear feet of unimportant channel, no crayfish or salamanders observed) (attachment 4) • Fill the entire length of the "excavated ditch" and highly degraded channel located west of the lagoons. (attachments 5 and 6) • Fill and flooding associated with the 300 series channel for the purpose of constructing storm water BMP (attachment 7) • Removal of the 1000 series pond (approximately 0.5 acre, low water quality) Impacts proposed under Nationwide 14 include: • Approximately 149 linear feet of fill within the intermittent channel located above the lagoons (not important in aquatic function, no salamanders of crayfish observed. • Approximately 0.1 acre of fill of the 2000 series wetland polygon (low quality) The existing animal waste lagoons are to be closed using guidelines in the Natural Resources Conservation Service, Interim Standard for the Closure of Abandoned Waste Treatment Facility (Code No. 702), for the safe removal and treatment of existing waste. Once all of the sludge is removed, the ponds will be redesigned or refurbished and utilized as freshwater ponds and storm water detention for a large portion of the site. All impacts are assessed to be entirely to waters that are not important in aquatic life and water quality functions. However, as a mitigative measure, storm water for the largest portion of the site and remaining drains will be redirected to the ponds for detention. Proposed Development Plan: Attachments 8 and 9 illustrate the pre-construction and post-construction conditions, respectively. The pre-construction illustration clearly depicts the non-jurisdictional waste lagoons and further identifies relocated channels and other jurisdictional features. Post- construction illustrates the preservation of the surface area of the lagoons as storm watew ti? BMPs. This illustration also depicts a road crossing up stream of the proposed ponds; the crossing passes through an existing wetland. This road continues in a westerly direction down the channel identified with the 200 series flags in a looping fashion. This road and development in this, the western portion of the site, will be nearly level so that it will be "senior citizen friendly". A connector road passes through a lagoon from west to east and provides required connectivity (dictated by the County) to the retail, office and multifamily portion of the site. A low quality pond (demarked with the 1000 series) will be replaced by parking that is required for the high-density development. The illustration does not clearly illustrate that the relocated channel that parallels the lagoons will be re-directed into the drainage that supports the lagoons thus restoring hydrology to the channel off site. Nor does the illustration clearly depict areas suitable for wetland plantings. The site will be served by a storm water detention facility. Avoidance and Minimization: Impacts have been avoided to the extent practicable for the equitable development of the sites for its proposed use as a Senior Citizen Residential Development. The sites proposed use requires low-grade inclines that are compatible with the Americans with Disabilities Act for wheel chair access. Mass grading will be used to accomplish the near level site condition that is required. Impacts to the 300 series channel have been avoided to the extent practical; but because of a storm water requirement these impacts are needed. Waste lagoons will be refurbished as storm water facilities and maintain these surface waters in a greater functional state. Increased function will be achieved by removing animal waste and by planting a littoral shelf. Mitigation: Mitigation is not anticipated because wetland impacts do not exceed 1.0 acres and impacts to channels are to those channel that were observed to be uninhabited by fish and crayfish. Though not specifically required by statute, the applicant proposes planting a littoral shelf along the edges of the storm water ponds as a mitigative measure. Littoral shelves serve a dual purpose for water quality and safety. Please call with questions related to the application, to discuss site conditions, or to schedule a site visit. Sincerely, Christopher Huysman W ? N * r'?? • ? N?q1? I II 'f9"I 1'9 P4' 1'4 IY1' i Np4'i4f'Iq•Q0i W i i i i 44011$' A9 PQ"W i i i i P$Q° i4$'IOFQOi W i i i 1940144' 09-PP" W i i i i P$Q° 140'IOaQ01 Wi i 2, 1/ 1 ( d t , •- - 'I'?1 r\\ ?! f \,? 'C,- ' C :, ?'I , , Whitney Lake / ?? ? ? t? J?l?:'11 r `5 1'?' ? ti :.? r /' r I ? \ ` /" \'. °'?.? ?• ,. \ , t '? ? , , I i4a 9 ?y ? t k . / - ? ? 4 ` ??R:?- ?• > / ' u u J '_? / ?; . 1\ g / ar,r -• . . > Yn ? 4 `\ t" ?Y,?. ° (, ll j .- 1 ,(fit,,1s /?, ,/ ,? +?i ? - .'.,.w '.:_ --- ?_._ rr"-?.I ? ,,.., ,.?%'?` tii f S? ,j ' ) ? _ 1. ,•?? i -r,- a i? ?l?`+?fl r? ???t'' r -(') ? % ? '?l(?'?• pr n 4 ` , . , . _ O! Field '4 cr - s' l ti / r?.:' ?f l i 1/ J m' I 1 Y 11111U?f ? 1,., ;gipp ? ? >?„?? ?}f? tt ! r ?, ` i r?? ??;,N; }r` . lJ(((?!,, ? r ' ,r , t ,r?; ,,•f' .; ny.' ? ? ??'? {,`''- `a ? P ?, 7 ) !> ' • ' 1 ? ? ?iA, l/' ??? ? 4 `• •, A?` ti ,w?.-'. 1, (? l ?•P'Z./% y???tr 1 1 '.f ??, h• _ v.? .;????1 ?? 7 1 ??,? Y ?? \-., r \ I???I? :1 ', , /fy' ? ? .?'i \, ? _: •i '\ `4'. ?\ ?....`??r? ,?... I f/? ' ? ? ?k t cv ? s5. (( 7 !1` /?(?r ? l t r C r ,? pct/////'''/ i,? ? /r??• (, , '?'??J ?1? 'll ?.? ? \?) ? 1 `• / ?.MC. ? y, /? /^(1? ' 7Cf/l ??? ,{., , I{?(? {Ary??' ???,?Q??/y,1 i ?C2, ? ?4? ? z. ???'•-? L..,?r ?/ 1 1, t'.ro ???Lr .%1. " ? '.` ,. J ?I??i 1 ?` ? ? ; ? `,?l{ mss)`, i= . `. ? 4, I(?r.n. ?>. ? , ,..`.?i 't? iJ(`r t 44 1 /(? ??! ?r `? ??, 1 , ?y ? J ?//???, ???'? ? 7 i? ?", j ,ice/ ; ?•?'t '-' r '"???„"*.:J ,? ? ! .! sX? ? ?? ?• , ? - \ ?? l?? II J ????F, ?1 ? ?ti s,. ? ' h : ' ? ? •k 71'/x- I ?„ ? ? .,? : ? ° (ry ' aF.-•' ,•?! , `..•? .. ??/ ?1,J,I, 111 ??- ? ? i ? , ° - '_ ! '? l /1 .. ! ? r ? \\ { ?...:,-"`.•,?i? _ F ? c 1 "....C ?? w. )/ Q x Vr 1? 111 C ' a 7, / / < ; ?? ? ?, , ' . "? '?' ? ( (' ? ? ? ' r , . ? f ??,??• ; ? x ; ?, ??: ? ,, t ? ? (? 1 r (•r ? ? '' ?''? ?/ ? i,# ("? rill ?? (? ? {r, y:/?1 1 . ? ?,i C7yF?'?'(? ? ? 6° W 11 6d0" 0' b.bd" IWr 1 1 1 1 bbd° l a?i' d.d0? I I I ba?ob hd' b.bd" 4Jl 1 1 1 1 bbd° lab' d.do? W I I 1 16dob kd' b.bd° W I I I I bbd° gals' d.da? 1W1 Name: CORNELIUS Location: 035'24'01.0" N 080'46'15.7" W Date: 2/27/100 Caption: WALLACE FARM, LAGOON SITE Scale: 1 inch equals 2000 feet W? r M, 1 r t h 1, ° --°?7 ar 1•rr4^' ?nrR w? r. ? i?ti? ? °7 l t *r4? ? l t ?? f ?• J 1 ? ? 'I S4 t^, 11 ? f t Y I+ 4• 1 tv ?', {'!? YI ..Q ?? r i ! 1 /,, j {t N r? ?!? r ' 1 ? ? ( ,? r X,?(r.' 4.. i lev ? 1 ( I 1 ll 111 ?. ? r ?i .r(i ICI i ' I ?} r/ L i 7.7 Will ja PA ? r x"/ 4t, ,, I 1 {i,?d t, ?? ?. ???1N?i I Ju; /„ ?? ,, ?? jP 31 •?1{/ .M J/ 1 ? Y ( "'?l? - ? ? ? e ' i?,s.? f,,r ;-??, ? ?«, ? ??A ? ' ,9'?' 4? ? ..l,r ? ? ? r5•'d? ?di ?, ? 1 IIQ l'..' ?1?, * .. ?r t 't j(f ? { ? '? t ' f A ;?i _.. I ?` • ???" ,r .?X:,[•,: '? ? X : 1, t ? 1 r (?1 ? ? ?' ? ! ?' I ::. 111 I 4 . ?i ,i , {? t w „ 4t u. (• t ?.J ; ? ',h;l 1;t y 'e(, ffJ / t+ l "? r ,w ) I W ? x . 7, .r M ? 14 'L F ? '.T -. ? "'1!^•' w 14 1 ?. I r ?iJ ) ?T l U7?? {4 .,; Il,f' 1d Y J i }??.. ?.1.ii g 1•f ) i ? ?' U I , * ? ? i ? 1 +r"'d? T? "'.,rW,? I ? v . f t ! 1 . ''a ?,,,' J / 1 t `ti.,b?? rc ? j .a d q: rn 8?it_ ?' ?{'?di? r ! . LlEKk?eiPr)F7 ?) ! t r I ?(. r? • . ; , ?, ' ?,I},3 a ,jl I ? )L??r?r 1 . "T M1 tr I 1 ?y t tt r r / ?1 pr dthl? ` lI ?e7 U 1f'r ors„,.. I? . ? Y ? H y lY 11?.. P t I¢ i??? a J . y3 r 5). N ? >''h ?1(! ::. ? t ?I 7,? I??.(I ??' r ?? • 't i' ,r+.. '?C41 ? ?} , t i ? ?t ( , ? 's; r N"1 eCTI ' 4 r?1' J ? ! a-apt 1' ? JJ r' 7 ? @[J1Y4'ITi !1^' ? ? ?'A 71 rta' 1 '?1 r r ?o?q, ' i . W \ t„?;!r,S.. :i 1 Y I ,.? ? ? J ?. I' ( , P,? 1 ' 1 WKI 1 . Y 1 `jv? y??'{ y ?.1ilk ??..,Ixya r,? r F ; ?? u `?"n J ' ?I M ? 1•I lbw 'y ?•f?"*41f 1 f? 8 a ? ?` ? • 4 k W \ 11 J:ii y? r l ?. ?1;,b.. + \,,?` t f'r`' RA a ,( II p r r. ®g ( • `aI'I qy I,1??p f,( -"?'? ?4^?i 4? ? ,? J' f.? I ?I jr j >'?yl? ^ad? ? ?Py..1?.1 1 .,li`. •: , t, `AM ( '?n / ??il Ij£, 'ep'?,: f J Vi.?rl it ?,I !"' I I B l \l ?/ .: ? 1.1J/ ..• F"i, "'Jo f. I ? 11 j. ? -L i rer 1 *I 1 rl r ?? r T t?: t\1' - \ .. ?R ? Y ?, z? fit d+ { `? .?„?•I . (3) INTERMITTENT CHANNEL EVALUATION FORM Action ID: Applicant Name: Wallace Date: 2/22/00 Proposed Work in Channel (i.e., culvert, relocation, etc): Fill Waterbody: unnamed, intermittent 100 series channel River Basin:Yadkin County / City: Mecklenbur>? Recent Weather Conditions: Rainfall within 48 hours of site visit P SP NP nhservation t ommPnte nr i)PCrrintinn ? ? ? ? ? ? ? ? ? ? ® ? ? ? ? ? ? ? ? ? ? ? ? fish / shellfish / crustaceans Benthic macro invertibrates Amphibians present/breed ng Algae and/or fungus (water quality functions) wildlife channel use (ie. Tracks, feces, shells) federal protected species present (discontinue) riffle / pool structure Stable streambanks mostly instable, verticle banks, deeply incised Channel substrate (gravel, cobble, sand, etc.) some sand and gravel, channel bottom consists mainl of similar material as adjacent soil Riparian canopy present (SP = +/- 50%) present within lower reaches Undercut banks/instreanu habitat structure blow in channel Wetlands adjacent to/contiguous (discontinue) Persistent pools/saturated bottom (June-Sept) unlikely Seeps/groundwater discharge (June-Sept) Adjacent tloodplain present Wrack material or drill lines Hydrophytic vegetation in/adjacent to channel P = Present SP = Strongly Present NP = Not Present Important to Domestic Water Supply'? Yes ? No Does Channel Appear on a USGS Quad or Soils Map? Yes ? No Notes: Channel is located in area previousiv used as confined pasture for cattle operation Determination- Perennial Channel (stop) Im rtant Channel LF Intermittent Channel (proceed) - Unimportant Channel: LF Ephemeral Channel (no 'uris.) (attach ma indicating location of important / unimportant channel) Ditch Through Upland (no 'uris.) Project Manager Initials: Evaluator's Signature: 'F?.4N ? r (if other than C.O.E. project manager) INTERMITTENT CHANNEL EVALUATION FORM Action ID: Applicant Name: Wallace Date: 2/22/00 Proposed Work in Channel (i.e., culvert, relocation, etc): Fill Waterbody: unnamed intermittent 200 series channel located within areas with proposed impacts River Basin:Yadkin County / City: Mecklenburg Recent Weather Conditions: Rainfall within 48 hours of site visit P SP ? ? ® ? ? ? ? ? ® ? ? ? ® ? ® ? ® ? El Z ® ? ® ? ? ? ? ? ? ? ? ? ® ? ? ? P = Present NP Observation Comments or Description fish / shellfish / crustaceans crayfish holes observed, no crayfish present Benthic macro invertibrates small unidentified larva Amphibians present/breeding Algae and/or fungus (water quality fiuictions) wildlife channel use (ie. Tracks, feces, shells) deer and racoon tracks observed federal protected species present (discontinue) riffle / pool structure Stable streambanks Channel substrate (gravel, cobble, sand, etc.) some sand and gravel and cobble Riparian canopy present (SP = +/- 50%) present within lower reaches Undercut banks/instreann habitat structure Flow in channel Wetlands adjacent to/contiguous (discontinue) Persistent pools/saturated bottonn (June-Sept) unlikely Seeps/groundwater discharge (June-Sept) unlikely Adjacent floodplain present Wrack material or drift lines wrack material Hydrophytic vegetation in/adjacent to channel SP = Strongly Present NP = Not Present Important to Domestic Water Supply? Yes ? No Does Channel Appear on a USGS Quad or Soils Map? Yes ® No ? Notes: Channel is located in area previously used as confined pasture for cattle operation Determination: Perennial Channel (stop) Important Channel: LF Intermittent Channel (proceed) Unimportant Channel: LF E liemeral Channel (no 'uris.) (attach ma indicating location of important / unimportant channel) Ditch Through Upland (no juris.) Project Manager Initials: Evaluator's Signature: -T° WW--' (if other than C.O.E. project manager) INTERMITTENT CHANNEL EVALUATION FORM Action ID: Applicant Name: Wallace Date: 2/22/00 0 Proposed Work in Channel (i.e., culvert, relocation, etc): Fill existing drainage ditch and divert back to ponds Waterbody: unnamed, relocated, intermittent channel running west and above lam River Basin:Yadkin County / City: Mecklenburg Recent Weather Conditions: Rainfall within 48 hours of site visit P_ SP NP ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ® ? ? ? ? ? ? ® ? ? ? ? ? ? ? ? ? P = Present Observation Comments or Description fish / shellfish / crustaceans Benthic macro invertibrates Amphibians present/breeding Algae and/or fungus (water quality functions) wildlife chmmel use (ie. Tracks, feces, shells) federal protected species present (discontinue) riffle / pool structure Stable streambanks highly unstable, verticle banks, deeply incised to sa rolite and rock in areas. Channel substrate (gravel, cobble, sand, etc.) some sand and gravel, channel bottom consists mainly of similar material as adjacent soil Riparian canopy present (SP = +/- 50%) Undercut bunks/instream habitat structure Flow in channel Wetlands adjacent to/contiguous (discontinue) Persistent pools/saturated bottom (June-Sept) unlikely Seeps/groundwater discharge (June-Sept) Adjacent floodplain present Wrack naterial or drift lines Hydrophytic vegetation in/adjacent to channel SP = Strongly Present NP = Not Present Important to Domestic Water Supply'? Yes ? No Does Channel Appear on a USGS Quad or Soils Map? Yes ? No Notes: This channel is ditched through high ground along slopes west of lagoons. It receives diverted flow from above the property and drain located south east of the lagoons. Determination: Perennial Channel (stop) Important Channel: LF Intermittent Channel (proceed) Unimportant Channel: LF E hemeral Channel (no 'urns.) _ (attach ma indicating location of inn rtant / unimportant channel) Ditch Through Upland (no 'uris.) Project Manager Initials: Evaluator's Signature: ?VV\? C3t? ?'-` (if other than C.O.E. project manager) C?1 INTERMITTENT CHANNEL EVALUATION FORM Action ID: Applicant Name: Wallace Date: 2/22/00 Proposed Work in Channel (i.e., culvert, relocation, etc): Relocate/Divert channels back to ponds for detention Waterbody: Unnamed Intermittent tributaries located above waste lagoons and diverted to relocated channel see attached map) River Basin:Yadkin County / City: Mecklenbure Recent Weather Conditions: Rainfall within 48 hours of site visit P SP NP ? ? ? ? ? ? ® ? ® ? ? ? ® ? ® ? ® ? ® ? ? ? ® ? ® ? ? ? ? ? ? ? ? ? ® ? P = Present 11 Observation Comments or Description fish / shellfish / crustaceans crayfish holes present within wetland polygon 2000, however, we were unable to find actual cravfsh within the wetland or channel Benthic macro invertibrates Amphibians present/breeding Algae and/or fungus (water quality functions) wildlife channel use (ic. Tracks, feces, shells) deer tracks observed federal protected species present (discontinue) riffle / pool structure weakly Stable streannbanks estimate <50% Channel substrate (gravel, cobble, sand, etc.) some sand and gravel Riparian canopy present (SP = +/- 50%) present on eastern channel Undercut banks/instream habitant structure Flow in channel Wetlands adjacent to/contiguous (discontinue) Persistent pools/saturated bottom (June-Sept) not certain Seeps/groundwater discharge (June-Sept) not likely Adjacent floodplain present Wrack material or drift lines Hydrophytic vegetation in/adjacent to channel mostly FAC species SP = Strongly Present NP = Not Present Important to Domestic Water Supply? Yes ? No Does Channel Appear on a USGS Quad or Soils Map? Yes ® No ? Notes: The channel located above relocated channel is mostly highly degraded due to impacts by confined cattle operations and farming traffic Determination: 77 Perennial Channel (stop) Important Channel: LF Intermittent Channel (proceed) Unimportant Channel: LF E hemeral Channel (no juris.) (attach ma indicating location of important / unimportant channel) Ditch Through Upland (no 'uris.) Project Manager Initials: Evaluator's Signature: (if other than C.O.E. project nnanager) INTERMITTENT CHANNEL EVALUATION FORM Action ID: Applicant Name: Wallace Date: 2/22/00 Proposed Work in Channel (i.e., culvert, relocation, etc): Fill Waterbody: unnamed, intermittent 300 series channel River Basin:Yadkin County / City: Mecklenburg Recent Weather Conditions: Rainfall within 48 hours of site visit P SP ? ? ? ? ? ? ? ? ® ? ? ? ® ? 1:1 z ? ? ® ? ? ? ? ? P = Present NP Observation Comments or Description fish / shellfish / crustaceans Benthic macro invertibrates Amphibians present/breeding Algae and/or fungus (water quality functions) wildlife channel use (ie. Tracks, feces, shells) federal protected species present (discontinue) riffle / pool structure Stable streambanks mostly unstable, verticle banks, deeply incised Channel substrate (gravel, cobble, sand, etc.) sand, gravel, and cobble Riparian canopy present (SP = +/- 50%) Undercut banks/instreanu habitat structure Flow in channel Wetlands adjacent to/contiguous (discontinue) Persistent pools/saturated bottom (June-Sept) unlikely Seeps/groundwater discharge (June-Sept) unlikely Adjacent floodplain present Wrack material or drift lines Hydrophytic vegetation in/adjacent to channel SP = Strongly Present NP = Not Present Important to Domestic Water Supply'? Yes ? No Does Channel Appear on a USGS Quad or Soils Map? Yes ? No Notes: Channel is located in area previously used as confined pasture for cattle operation. Determination: Perennial Channel (stop) -Important Channel: LF Intermittent Channel (proceed) Unimportant Channel: 200 LF Ephemeral Channel (no 'uris.) (attach ma indicating location of important / unimportant channel) Ditch Through U land (no 'uris.) Project Manager Initials: Evaluator's Signature: 11?- ?kwplk (L4 (if other than C.O.E. project manag \ \\17 ? \ / \OL I 1 ? I,o 1 7" ?•-? ?-q,\\\\\\\ \?J^ -,_iG-_ -_ !V / )( r?\' Cam- \'? ??\ ' ;I 1 ill lf/ /f l?l\4\? ' 1"? \??,?? ?`?D \ ?'ll? .l Ir "? iHl lt?l \ 1 ! ? `?O%? 111111! I?? 1 ` (? ,\I ,,•?) \\ \?„(i\ \\'.j i 1 ao•.a I\I\\I. v"' ,II 111j1? 11 l •' ! ?)1)j?ll)?U?\ flOli'sVla\\,\ t lr l 1 \ \ ?// I)1 Iw J111`\'? I L? (111 \Illa, /iii s=r_ \\\\F = 4- I1 \r / / . `; ll iii/i; /ii)1 \III 1111 1 _ i /%/ 1 \III - 1 /n \ )??? c N //// rr/ 1)I\\\111111 / - /0/i l\Ill 1111 \ =ate zi= ?II)/%/I /III II\\ ^??? ?_ Zz AN ??? ? = =?i? II IIII II 1 I(r'' i/? /III I(I?? X111'//y/ II\\ 1\ ? \? -z ?" ? IIIII(f \\\`\????\?\ \\\\ ? '??\?1\\\\;.y?iil? fly ))fl 11\- ?l',Ilrl\?•_ -jig \1\_? ? \ \?? ? fllllllr-/^ III \\I` \ ?? ??, ,? y//(/ //4 III / 9 s• ? C =?\??C=?--??=_=??. ??- \ S:? ?\ Ill J?/??%?/ II 111111 \\\-?? ?? ? 41 ? l' ?. `• ? `Ir ? _-.tom ` \' ?'` ? ttii =,?E' tt`1 1, '? Cc? ? ai ?!!! 1! ? r I 1 11``?1 \ 41\ I' ? k • ?IN \ ,??\..` `\111.11 III I i . / ` ?, J 1?'/?1????/f%?tl l`t\ 4 ??? i^ ?`^ 4. tit- +\ 11;,?` n ' ? \ i'?.5 °w`,'•\ Q 1111 I ` t .+w?``.` '?`.? . ,-'•• ? ii h O?A AL, , W6 ?•, ,:ti ."'? -` ',v gar L. ? ? Cq I.. tic^,_ ti ,,ti e 1 1 1, ?''rf,?*JYy ?.? ro't4 ' ?M 4•J1 ,p? .-_ r \??\.,?'Vie%? '?",F.?J ` ` \? ?r°?..-ti• ?` _ . ., ?` ??_ art! ?'? ?l\' ! .??1'? ?.'?•;:?1' /? -;? k1 _ \11,1 ?,1';•???` l,I? / '? '? / "?~ 7\.f ' I `q4 `` r ?/'' V i'il?l .•;.p:' ?. \\1?.?'??;? 1? 1?r. ? ??'_'1 t IN ?ji ?r y .r' `l. r 1 ?\? f fl, ?? r `/ r ? 41 r l L,wq A ?h? ?y?, 4\ ? ?.?M??. `•?r% it i.? ti'?l/ \L~J • . `. .,. ...,-:?'??. ._,.•?t:; ?..,. .?1:..:?1 ?,......? ,..i, unrn•,nvn.•, ui:nr... nnn? n^n? i aswrat Kesourc0 r Consultants, Inc. Oopard*t of the Amy tvC OnNbn of waoor iluafky Atsn: f v?yn? WMIM. CP+w IkOuI.M oMOW 4401 RM* Ctftkc W" ft t up0 R&Wf%, Mart% WORM ZM4 t#Nminowl North Caron" 2MpI-M 1, ft cum Undow w of Va a oWny khnNAW Otbw. hereby gvdmna WsOomd *Ad ftwrN coielowts, lrwc 'a 0 an Inv Wo as my t au?irp ow e/ ?? e4 wow* snd W?1 of M+? US that are requis"d 1N (he Wsar Actend tl+e Ryan Ant wefts h*. h6erst Md NA aipo AM Wthwi d td be on mW pmmty when vAompai+'d by WNhnd 6" lmrw ftmf o ommolsnt„ Inc WN, W#ftmdd;;ww rmom pomno Cwoib'+at, tnc. K ~No to INrAft o"Nn+enol woman n.edod fd PKMR pne m"o a wo moult of tnt Corps w UK, pm1i/ly' OaMer or Iteaord' Qa ?' Gc,4.oU?. L .? s t? a!t 67t s 7- 9, r. 1 •hom Aumbsr: _...,-/710 $ - ; iTa ?. pmorr? '282 ?y Aanert +?lpnotyre: l2#-! 11 &q 1 owi M UPuth mw bK 626-3111b ,!ofttw me~ vc 246" #91.51 T PO %WV &28-443-3080 hs NATIONWIDE PERMIT REQUESTED: It 26 PRE-CONSTRUCTION NOTIFICATION APPLICATION 1. Owners Name: John Woodle Wallace Contact: 2. Mailing Address: 14324 Eastfield Road Huntersville, NC 28078 subdivision name: Project location address, including subdivision name (if different from mailing address above): 3. Telephone number (home): 704 875 2882 (work): 4. Agent: Wetland and Natural Resource Consultants, Inc. 720 South Main Ave. Newton, North Carolina 28658 Phone: (828) 312-9207 Fax: (828) 465-3050 5. Location of work: County: MECKLENBURG Nearest town or city: HUNTERSVILLE Specific location: NORTH OF EASTFIELD ROAD (SR 2459) AND SOUTH OF THE LARGE POWER EASEMENT NEAR THE MECKLENBURG / CABARRUS COUNTY LINE 6. Impacted or nearest stream / river: UNNAMED TRIBUTARIES TO CLARKE CREEK River Basin: YADKIN 7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW), outstanding resource waters (ORW), water supply (WS-1 or WS-2)? Yes ? No ® If yes, explain: 7b. Is the project is located within a North Carolina Division of Coastal Management Area of Environmental Concern (EAC)? Yes ? No 7c. If the project is located within a coastal county, what is the land use plan designation (LUP): 8a. Have any Section 404 permits been previously requested for use on this property? Yes ? No ® If yes, provide Acton I.D. number of previous permit and any additional information (include photocopy of 401 Certification): 8b. Are additional permit requests expected for this property in the future? Yes ? No ® If yes, describe anticipated work: 9a. Estimated total number of acres in tract of land: 47 ac. 9b. Estimated total acres of wetlands located on project site: 0.6 ac. 10a. Number of acres of wetlands impacted by the proposed project: Filling: 0.6 ac Flooding: ac Drainage: ac Excavation: ac Other: ac Total acres to be impacted: 0.6 ac I Ob. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: (unimportant channel) 2150 If Length after: 0 if Width before: 2 ft Width after: 0 ft (based on normal high water contours) Average depth before: 0-.1 ft Average depth before: PIPE ft (2) Stream channel impacts will result from: Open channel relocation ® Placement of pipe in channel Channel elevation ? Construction of a dam/flooding ? Other: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? 30 ac What is the expected pond surface area? (approximate total for redesigned lagoons) 5 ac 12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans: 8 ''/2" x 11" drawings only): TYPICAL EQUIPMENT USED FOR LAND GRADING 13. Purpose of proposed work: RESIDENTIAL DEVELOPMENT 14. State reasons why it is believed that this activity must be carried out in wetlands. (include any measures taken to minimize wetland impacts): AQUATIC LIFE AND WATER QUALITY FUNCTIONS OF EXISTING JURISDICTIONAL AREAS ARE ASSESSED TO BE POOR. WASTE LAGOONS ARE TO BE CLOSED AND REDESIGNED FOR STORM WATER DETENTION TO SERVE PORTIONS OF THE PROPOSED DEVELOPMENT 15. You are required to contact the State Historic Preservation Officer (SHPO) regardig the presence of historic properties in the permit area which may be affected by the proposed project. Date contacted: TO BE COMPLETED BY THE US. ARMY CORP 16. Does the project involve an expenditure of public funds or the use of public (State) land? Yes ? No (if no, go to 18) a. If yes, does the project require preparation of an environmental document pursant to the requirements of the North Carolina Environmental Policy Act? Yes ? No ? b. If yes, has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? Yes ? No ? If answer to 16b. is yes, then submit appropriate documentation from the State Clearinghouse to Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. 17. The following items should be included with this application if proposed activity involves discharge of excavated or fill material into wetlands: a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the property (for Nationwide Permit numbers 14, 18, 21, 26, 29, and 38). All streams (intermittent and perennial) on the property must be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. b. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. d. Attach a copy of the stormwater management plan if required. e. What is the land use of surrounding property? RESIDENTIAL / AGRICULTURAL / COMMERCIAL f. If applicable, what is proposed method of sewage disposal? SANITARY SEWER g. Signed and dated by agent authorization letter, if applicable. Note: wetlands or waters of the U.S. may not be impacted prior to: 1) Issuance of a section 404 Corps of Engineers permit, and 2) Either the issuance or waiver of a 401 Division of Environmental Management (Water Quality) Certification. Owner's /Agent's signature Date NATIONWIDE PERMIT REQUESTED: # 14 PRE-CONSTRUCTION NOTIFICATION APPLICATION 1. Owners Name: John Woodlev Wallace Contact: 2. Mailing Address: 14324 Easetfield Road Huntersville, NC 28078 subdivision name: Project location address, including subdivision name (if different from mailing address above): 3. Telephone number (home): 704 857 2882 (work): 4. Agent: Wetland and Natural Resource Consultants, Inc. 720 South Main Ave. Newton, North Carolina 28658 Phone: (828) 312-9207 Fax: (828) 465-3050 5. Location of work: County: MECKLENBURG Nearest town or city: HUNTERSVILLE Specific location: NORTH OF EASTFIELD ROAD (SR 2459) AND SOUTH OF THE LARGE POWER EASEMENT NEAR THE MECKLENBURG / CABARRUS COUNTY LINE 6. Impacted or nearest stream / river: UNNAMED TRIBUTARIES TO CLARKE CREEK River Basin: YADKIN 7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW), outstanding resource waters (ORW), water supply (WS- I or WS-2)? Yes ? No ® If yes, explain: 7b. Is the project is located within a North Carolina Division of Coastal Management Area of Environmental Concern (EAC)? Yes ? No 7c. If the project is located within a coastal county, what is the land use plan designation (LUP): 8a. Have any Section 404 permits been previously requested for use on this property? Yes ? No ® If yes, provide Acton I.D. number of previous permit and any additional information (include photocopy of 401 Certification): 8b. Are additional permit requests expected for this property in the future? Yes ? No ® If yes, describe anticipated work: 9a. Estimated total number of acres in tract of land: 47 ac. 9b. Estimated total acres of wetlands located on project site: 0.6 ac. 10a. Number of acres of wetlands impacted by the proposed project: Filling: 0.1 ac Flooding: ac Drainage: ac Excavation: ac Other: ac Total acres to be impacted: 0.1 ac 10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: (unimportant channel) 149 1 f Length after: 0 if Width before: 2 ft Width after: 0 ft (based on normal high water contours) Average depth before: 0-.1 ft Average depth before: PIPE ft (2) Stream channel impacts will result from: Open channel relocation ® Placement of pipe in channel Channel elevation ? Construction of a dam/flooding ? Other: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? 30 ac What is the expected pond surface area? (approximate total for redesigned lagoons) 5 ac 12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans: 8 ''/2" x 11" drawings only): TYPICAL EQUIPMENT USED FOR ROAD CONSTRUCTION 13. Purpose of proposed work: ACCESS TO RESIDENTIAL DEVELOPMENT 14. State reasons why it is believed that this activity must be carried out in wetlands. (include any measures taken to minimize wetland impacts): AQUATIC LIFE AND WATER QUALITY FUNCTIONS OF EXISTING JURISDICTIONAL AREAS ARE ASSESSED TO BE POOR. WASTE LAGOONS ARE TO BE CLOSED AND REDESIGNED FOR STORM WATER DETENTION TO SERVE PORTIONS OF THE PROPOSED DEVELOPMENT. ACCESS TO WESTERN PORTION OF PROPERTY WILL REQUIRE ROAD CROSSING. 15. You are required to contact the State Historic Preservation Officer (SHPO) regardig the presence of historic properties in the permit area which may be affected by the proposed project. Date contacted: TO BE COMPLETED BY THE US. ARMY CORP 16. Does the project involve an expenditure of public funds or the use of public (State) land? Yes ? No (if no, go to 18) a. If yes, does the project require preparation of an environmental document pursant to the requirements of the North Carolina Environmental Policy Act? Yes ? No ? b. If yes, has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? Yes ? No ? If answer to 16b. is yes, then submit appropriate documentation from the State Clearinghouse to Division of Environmental Management regarding compliance with the North Carolina Environmental Policy Act. 17. The following items should be included with this application if proposed activity involves discharge of excavated or fill material into wetlands: a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the property (for Nationwide Permit numbers 14, 18, 21, 26, 29, and 38). All streams (intermittent and perennial) on the property must be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. b. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. d. Attach a copy of the stormwater management plan if required. e. What is the land use of surrounding property? RESIDENTIAL / AGRICULTURAL / COMMERCIAL f. If applicable, what is proposed method of sewage disposal? SANITARY SEWER g. Signed and dated by agent authorization letter, if applicable. Note: wetlands or waters of the U.S. may not be impacted prior to: I ) Issuance of a section 404 Corps of Engineers permit, and 2) Either the issuance or waiver of a 401 Division of Environmental Management (Water Quality) Certification. 3er's / Agent's signature Date Delineation Performed by: Wetland and Natural Resource Consultants, Inc. 720 South Main Avenue Newton, NC 28658 Phone: (828) 312-9205 Fax: (828) 465-3050 WETLAND DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: John Wallace Farm / Lagoon Site Date: 2/00 Applicant/Owner: John Woodley Wallace County: Mecklenburg County Investigator: Tamp Bandy and Jennifer Robertson State: North Carolina Do normal circumstances exist on the site? Yes Community ID: Upland Is the site significantly disturbed? No Transit ID: Upland (Atypical situation) Is the area a potential problem area? No Plot ID: Upland (If needed, explain on reverse.) VEGETATION 1. Juniperus virginiana tree FACU- 9. Jug/ans nigra tree FACU 2. Pinus echinata tree FACU 10. Carya ovata tree FACU 3. Quercus aiba tree FACU 11. Rubus spp. shrub FACU 4. Quercus rubra tree FACU 12. Cornus tlorida tree FACU 5. Lonicera japonica vine FAC- 13. Pinus taeda tree FAC 6. Prunus serotina tree FACU 14. Vitis spp. vine FAC 7. Ligustrum sinense shrub FAC 15. Cercis canadensis tree FACU 8. Liquidambar styrac. tree FAC+ 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 26.7 % Remarks: The remaining high ground on site was pastured land. HYDROLOGY Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: -none- (in.) Depth to Free Water in Pit: -none- (in.) Depth to Saturated Soil: -none- (in.) Remarks: Mixed hardwoods and pastures. Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: (2 or more required) Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Local Soil Survey Data FAC Neutral Test Other (explain in remarks) WLdata.frmMVC-1000 SOILS Map Unit Name Project # MVC-1000 (Series and Phase): Wilkes sandy loam Drainage Class: well drained Field Observations: Taxonomy (Subgroup): Hapludalfs Confirm Mapped Type? Mecklenburg County Soil Survey Profile Description: Depth Matrix Color Mottle Colors Mo Texture. Concretions, (ice) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. 0-3 A 2.5Y 5/2 sandy loam 3-6 E 2.5Y 6/2 sandy loam 6-10 Bt 10YR 5/6 clay 10-13 Bt/C 10YR 5/6 clay loam 13-30 Cr 10YR 5/6 saprolite Hvdric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil 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: Wilkes is an upland soil. Wetland Determination (yes or no) Hydrophytic Vegetation Present? NO Wetland Hydrology Present? NO Hydric Soils Present? NO Is This Sampling Point Within a Wetland? NO Remarks: W Ldata. frm MVC-1000 Delineation Performed by: Wetland and Natural Resource Consultants, Inc. 720 South Main Avenue Newton, NC 28658 Phone: (828) 312-9205 Fax: (828) 465-3050 WETLAND DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: John Wallace Farm / Lagoon Site Date: 2/00 Applicant/Owner: John Woodley Wallace County: Mecklenburg County Investigator: Tamp Bandy and Jennifer Robertson State: North Carolina Do normal circumstances exist on the site? Is the site significantly disturbed? (Atypical situation) Is the area a potential problem area? (If needed, explain on reverse.) VEGETATION 1. Juncus spp. grass FACW+ 2. Carex spp. sedge FACW+ 3. Acer rubrum tree FAC 4. Micro. vimineum grass FAC 5. Salix nigra tree OBL 6. Ulmus alata tree FACU+ 7. Rubus spp. shrub FACU 8. Cirsium spp. forb FAC Yes Community ID: Wetland No Transit ID: Wetland No Plot ID: Wetland 9. 10. 11. 12. 13. 14. 15. 16. Lonicera japonica vine FAC- Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 78.6 % Remarks: HYDROLOGY _X_ Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: _2 - 6_ (in.) Depth to Free Water in Pit: 0 (in.) Depth to Saturated Soil: 0 (in.) Remarks: Wetland Hydrology Indicators: Primary Indicators: X Inundated X Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Seconda ry Indicators: (2 or more required) X Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Local Soil Survey Data FAC Neutral Test Other (explain in remarks) WLdata.frmMVC-1000 Delineation Performed by: Wetland and Natural Resource Consultants, Inc. 720 South Main Avenue Newton, NC 28658 Phone: (828) 312-9205 Fax: (828) 465-3050 WETLAND DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: John Wallace Farm / Lagoon Site Date: 2/00 Applicant/Owner: John Woodley Wallace County: Mecklenburg County Investigator: Tamp Bandy and Jennifer Robertson State: North Carolina Do normal circumstances exist on the site? Is the site significantly disturbed? (Atypical situation) Is the area a potential problem area? (If needed, explain on reverse.) VEGETATION 1. 2. 3. 4. 5. 6. 7. 8. Yes Community ID: Channel No Transit ID: Channel No Plot ID: Channel 9. 10. 11. 12. 13. 14. 15. 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): N/A Remarks: HYDROLOGY _X Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: _0 - 6_ (in.) Depth to Free Water in Pit: 0 (in.) Depth to Saturated Soil: 0 (in.) Remarks: Channel 100 2 foot centerline Channel 200 3 foot centerline Main Channel 6 foot centerline Wetland Hydrology Indicators: Primary Indicators: X Inundated X Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators: (2 or more required) Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves Local Soil Survey Data FAC Neutral Test Other (explain in remarks) WI-data.frmMVC-1000 SOILS Map Unit Name (Series and Phase): Wehadkee fine sandy loam Taxonomy (Subgroup): Fluvaquentic Endoaquepts Drainage Class: poorly drained Field Observations: Confirm Mapped Type? Mecklenburg County Soil Survey Project # MVC-1000 Profile Description: Depth Matrix Color (ins. Horizon (Munsell Moist) 0-8 Ap 10YR 5/2 8-17 Bg1 10YR 4/1 17-24 Bg2 10YR 6/1 Mottle Colors Mottle (Munsell Moist) Abundance/Contrast Texture, Concretions, Structure etc. fine sandy loam loam sandy clay loam Hvdric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil _X Sulfidic Odor Organic Streaking in Sandy Soils _X Aquic Moisture Regime _X Listed on Local Hydric Soils List ** _X Reducing Conditions Listed on National Hydric Soils List _)_ Gleyed or Low-Chroma Colors Other (explain in remarks) Remarks: Bottom of Tributaries to Clarke Creek Wetland Determination (yes or no) Hydrophytic Vegetation Present? N/A Wetland Hydrology Present? YES Hydric Soils Present? YES Is This Sampling Point Within a Wetland? YES Remarks: WLdata.frmMVC-1000 APP " "nnr 0 Wt=TA!,, North Carolina Wildlife Resources Commission 312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 TO: John Dorney, kjpaes R. Fullwood, Executive Director 401 Certification Program PROM: Ron Linville, Regional Coordinator / Habitat Conservation Program DA'Z'E: Apri13, 2000 SUBJECT: Review of 404/401 Application by Wetland and Natural Resource Consultants, Inc. for Wallace Site, DWQ 000298, Mecklenburg County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 Permit and 401 Certification. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Impacts from the development are indicated to be the conversion of non jurisdictional animal waste treatment ponds to stormwater ponds and 950 linear feet ofchannel plus 0.5 acres of "1000 series pond". The North Carolina Wildlife Resources Commission (NCWRC) continues to be concerned about the fragmentation and loss of forested areas or woodlands as development occurs in areas near the City of Charlotte and in or near Mecklenburg County. We appreciate the efforts to protect water quality by providing stormwater detention and treatment. However, the NCWRC does not encourage the utilization of existing waters or wetlands for water quality treatment facilities. Conversion of these wastewater facilities may improve water quality. Any efforts to maintain current hydrographic conditions should also be beneficial where parking lots are constructed for this development. This is particularly true, as efforts are underway to protect and restore portions of the Clark Creek watershed. I f relocation of these streams is not economically feasible or practicable, we recommend that the wet detention facility include vegetated littoral shelves for aquatic edge habitat as routinely required in 401 Certifications. In an effort to restore avian and terrestrial habitats as well as enhance aquatic/detritus habitats in the detention facility, we recommend that the applicant provide for the restoration of tree and shrub species similar to those currently found in the area (red maple, sweetgum, tulip poplar, dogwood). Native species such as wild cherry, hickory and oak may be preferred over the above due to structural concerns. 'T'hese trees and shrubs should be planted around and on the upper third of the detention structure, excluding the dam. They should provide habitat benefits that could offset those functions lost by development, partially restore aquatic habitats, reduce exposure of the water surface to sunlight thereby minimizing thermal pollution, provide essential summer and winter habitats as well as provide an aesthetically pleasing green space which should enhance property values. Essentially, these plantings could provide water quality and habitat benefits as well as provide a park area for residents. Wallace Site DWQ000298 2 04/03/00 Additionally, instead of using the typical fescue or grasses, the upper interior and exterior of the structure should be planted with the following mix: Spring/Summer Mixture, May 1 - Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30 Browntop millet 20 lbs/a Rye grain 120 Ibs/a Korean lespedeza* 20 Ibs/a Korean lespedeza* 20 Ibs/a Shrub lespedeza 1 lb/a Shrub lespedeza 1 Ib/a Switchgrass 10 Ib/a Partridge pea 10 lb/a * On slopes less than 3:1 use Korean lespedeza On slopes greater than 3:1 use Crown Vetch Add one of the following to the above mixture Crown Vetch 5 Ibs/acre Ladino Clover 5 Ibs/acre Lime & fertilize disturbed areas according Alfalfa 5 Ibs/acre to NCRS soil test and recommendations. (Note: Mowing should be limited to early spring and should only occur as needed to prevent tree growth on the dam or other areas. Mowing on a 2-3 year schedule should suffice.) Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Gum American HollyDogwood Hickory Sumac White Oak Willow Oak Red Maple** Swamp Chestnut Oak Viburnum Green Ash Ironwood Black Cherry Persimmon Water Oak Spice Bush Silky Dogwood Willow (sp) Other species may be utilized depending on site requirements and availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate around detention facilities. The above recommendations should be considered for the multiple benefits that they can provide to the community and to the environment. Initial costs should not be prohibitive and the long-term costs should be reduced, as constant mowing would not be necessary in the naturalized areas. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Steve Chapin, USACOE 401 Certifications, DWQ-MRO Jennifer Robertson, WNRC, Inc. MVC, LLC \C Di% ision of Water Quality ., , 3; 7 00 2aD6 475.00 Cash Huntersville Concord Rd. Property 475.( 0