HomeMy WebLinkAbout19971045 Ver 1_COMPLETE FILE_19971125State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Water Quality A&4
1rr
James B. Hunt, Jr., Governor C) ? ±??l
Wayne McDevitt, Secretary
H N P1
A. Preston Howard, Jr., P.E., Director
December 16, 1997
Mecklenburg County
DWQProject #971045
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Ken Foster
Ridgeline Development Corporation
4500 Cameron Valley Parkway, Suite 350
Charlotte NC 28211
Dear Mr. Foster:
You have our approval, in accordance with the attached conditions and those listed below, to
fill in 0.1 acres of wetlands or waters for the purpose of residential subdivision in Charlotte, as you
described in your application dated November 25, 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Numbers 3101 and
3108. This certification allows you to use Nationwide Permit Numbers 12 and 26 when it is issued
by the Corps of Engineers. 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. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notices, conservation easements or similar mechanisms shall be placed in all lots with
remaining jurisdictional wetlands and waters to restrict 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).
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. 27611-
7447. 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 John Dorney at 919-733-1786.
Since ely,
Pre n Howar , r. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
ifr?eirney
Central Files
971045.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
7 --L045
01 .-1 -
Chatham
Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 441 CERTIFICATION CONCURRENCE
Prepared For:
Ridgeline Development Corporation
4500 Cameron Valley Parkway, Suite 350
Charlotte, NC 28211
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
(919) 870-9191
ColeJenest & Stone, Inc.
Land Planning-Landscape Architecture-Civil Engineering-Urban Design
112 South Tryon Street, Suite 300
Charlotte, N.C. 28284
(704) 376-1555
*Subject to verification by the USACE
Date : 11/97
I
DEM ID: CORPS ACTION ID:' -?{ }}
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT ?i st- l Z
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO T3E CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
r!2
2. MAILING ADDRESS:
4: ?t4j /2_J57C)
CITY : STATE:
d DYMI.nT ( ?ir?e?a Ttvm
YN crvr-. Va l
SUBDIVISION NAME:
/,--I C.. ZIP CODE:
2'e y 1
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME) : (WORK) -7i>+ 302 G-oOol
SAY ?0`f apl? "Af 1 01D
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADME S,
PHONE NUMBER:
?vnL as a. ?? '
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
OR AERIAL PHOTOGRAPHY WITH SCALE)
l_JNG1i'??'C?
COUNTY: NEAREST TOWN OR CITY:
1
t
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
and C ric k- PVJ - Sew
otl,"hdn
6. IMPACTED ?S T
RIVER BASIN:
STREAM/RIVER: t lyl G? +ml&V+?
f A kA Crete 104nik. e4v,• -?-, SJ. bCcs I r 41
7a. IS PROJECT LOCATED NEAR WATE
(S.---), HIGH QUALITY WATERS (HQW) ,
SUPPLY (WS-I OR WS-II) ? YES [ ]
CLASSIFIED AS TROUT, TIDAL SALTWATER
OUTSTANDING RESOURCE WATERS (ORW), WATER
NO J-- IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ J NO ,;-}
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LPND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [ ] IF YES, PROVIDE ACTION 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 [..4- IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
I. 14 c wp- - "5 arw( sv t?aGL V-m+tes
s
T
10a. NUMBER OF ACRES OF WETLANDS' IMPACTED BY THE PROPOSED PROJECT BY:
FILLING : • .. /? p &?AVAT ION :
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: lost
.0q-
10b. ?tarYa??-, 1 S?-ul h?%r+?t?. I?Z? -- - -
(1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATTIOON):
LENGTH BEFORE: FT AFTER: 100 FT
WIDTH BEFORE (based on normal high water contours): +Lem
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL T:T APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: - CONSTRUCTION OF A DAIS!/FLOODING:
OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED P0ND'SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 3 1/2" X 11" DRAWINGS
ONLY) :
13. PURPOSE OF PROPOSED WORK: _
3
r
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES (I NO - H'-`(IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT 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 [ 1, NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-636,9.
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE 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 PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES'SHOULD BE 1 INCH EQUALS 50 FEET OR
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF P_VAILABLE, 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 LAND USE OF SURROUNDING PROPERTY?
1
?61 y -C.. , 64?w- YKt,+??i v
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLL.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN TIM TWENTY COASTAL COUNTIES ONLY) ; A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
)a wv
OWNER'S/AGENTS SIGNATURE
L Az, 1 Lir -7
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
LEONARD RiNi>INER _
Environmental Planning Consultant _ 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning (919) 870-9191
November 21, 1997
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R Dorney
Department of Water Quality - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Chatham - ± 52 Acres. Charlotte Mec nb rg County, North Carolina - Nationwide Permit #26
and #12
Dear Sirs:
On behalf of my client, Mr. Ken Foster of Ridgeline Development Corporation, I am requesting confirmation
of eligibility to impact +0.051 acres of wetlands and surface water channels utilizing NWP #26.
Approximately 130 if of intermittent tributary is located within the area. The defined channel ends near the
floodplain and forms a small wetland area. Adjacent to this area a Nationwide Permit #12 will be required to
cross the Stony Creek Branch with a proposed sewerline. Approximately 0.05 acres will be temporarily
disturbed. The developer has made significant changes to the plans to avoid and minimize impacts to
wetlands and surface waters prior to submitting this application. Preserved are a very high quality streams
and forested wetlands of very high value and function. The extents of wetlands and streams were field
verified by Steve Lund of the USACE on October 27, 1997. As depicted on the plan and in this report the
developer has taken great care in avoiding the perennial stream.
BACKGROUND
The proposed residential development is on approximately 52 acres in north Mecklenburg County, North
Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth. Current
land use in the vicinity include new single family subdivisions, proposed multi-family projects, and an
existing public golf course. The wetlands and surface waters are within approximately 1.14 acres within the
project area. Except for .051 acres of impacts and a sewerline crossing the remaining wetlands will be
preserved. All fill material will be unpolluted and appropriate measures to control sedimentation and erosion
will be employed. Wetlands and streams which will not be disturbed will be protected during construction
from damage due to construction traffic, drainage and other forms of disturbance. The streams and wetlands
will be protected by restrictive covenants and the hydrology to the remaining wetlands and streams will be
maintained and enhanced where feasible by utilizing the storm drainage system.
Chatham, Page 2, November 21, 1997
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26,12
Space Waters Perennial tributary (± 900 if) + 0.10 ac.
(on project site)
Intermittent tributaries (± 130 If) ±0.01 ac.
(subject to 500 # limitation)
Wetlands ('ncl Tema ? d hum ockc) +-1.03
ar
Approximate Total - Waters of the U.S. ± 1.14 ac.
SUM 1t__YOFIMPAcrs
Surface Waters Perennial tributary ± 0.00 ac.
Intermittent tributaries ± 130 if ± 0.01 ac.
(subject to 500 if limitation)
Wetlands + 0 041 ac
Total Impacts - Waters of the U.S. ± 0.051 ac.
* NWP 12 will temporarily disturb .05 acres.
Methodoloay
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine On-
Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to make
a positive wetland determination, indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual. The wetland boundary was marked in the field by
Leonard S. Rindner, PWS, Environmental Planning Consultant and was reviewed and verified by the
USACE (Steve Lund) on October 27, 1997. The surveyed map has been used for planning and for
permitting purposes.
General Wetland ld ifi lion and Description
The limited wetlands on this site can be describe as Palustrine Forested Broad - Leaved and Scrub/Shrub
Temporarily Flooded and Seasonally Flooded (PFOIA,PFOIC,PSSIA,PSSIC). They have formed in
perched water table conditions, and in flat to nearly level and sloping areas over a clayey soil layer often
typical of Iredell, Enon, Helena soils, and Monacan soils (IrB,EnD,HeB,and Mo).
Y-twation
A majority of the site is forested state from mature to secondary succession. Small areas on the site are in
late old field succession. The wetland areas are generally forested. Species which occur in these areas
include Green Ash, Sweetgum, Red Maple, Ironwood, Willow Oak and other typical species that tolerate
Chatham, Page 3, November 21, 1997
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 12
these wet and shallow root conditions. Common understory trees and shrubs include silky dogwood, and
alder. Woody vines include poison ivy, and greenbriar. The herbaceous layer is variable based on exposure
to light. Species include sedge and rush species, jewelweed, microstegium and others.
The non-wetland forested areas of the site are dominated by mixed forest. Hardwoods include sweetgum,
red maple, beech, red oak, white oak, tulip poplar, hickory, and other common species. The subcanopy
contains saplings and seedlings of canopy species. Other subcanopy species include black cherry, American
holly, dogwood, elm, and privet. Woody vines common in the understory include poison ivy, muscadine
grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National Lister Plant 2cdes That O=r in
Wetlands: Southeast (R 'on )US Department of the Interior, Fish and Wildlife Service.
Hydric Soils
The majority of the site is made up of gently to moderately sloping ridges and flat to level drainageways. The
primary soils according to Natural Resource Conservation Service include Enon sandy clay loam (EnD),
Iredell sandy clay loam (IrB), Monacan soils (Mo). These are typically well drained soils. However, Iredell
soils, and Monacan soils may have hydric inclusions at the head of intermittent tributaries according to the
Natural Resource Conservation Service, Technical Guide-Section H-A-2, June 1991.
Hydrology
The wetlands, and streams are headwaters of Stony Creek, a tributary of Mallard Creek. Mallard Creek
which are part of the Catawba River Basin and currently classified a Class C - aquatic life propagation and
survival, fishing, wildlife, secondary recreation, and agriculture. Wetland hydrology is provided by a surface
runoff, overbank flooding and ponding, seeps, and springs over a clayey subsoil.
WETLANDS PERMITTING AND MITIGATION
The subdivision layout avoids and minimizes impacts to the perennial tributary and wetlands. The stream
exhibited characteristics such as persistent pools and/or saturated channel bottom; evidence of macro-
invertebrates; reduced soils; algae; hydrophytic vegetation in or adjacent to the channel; evidence of wildlife
utilizing the stream; and a gravelly substrate. The wetland areas on this site will be found to have high value
regarding water storage, pollution removal, bank stabilization, aquatic life resources utilizing Guidance for
Rating the Values of Wetlands in North Carolina - Fourth Version.
Except for temporary construction and development impacts, we believe that the proposed project will not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S.
Avoidance Minimization, and Mitigation
The following avoidance and minimization efforts and measures will also be taken:
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
Chatham, Page 4, November 21, 1997
Mr. Steve Chapin - USACE, Mr. John R. Domey - NCDWQ
Request for NWP 26, 12
C) Preconstruction meetings where required
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved,
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage
to wetlands. The contractors will be held responsible for unauthorized wetland damage not
permitted according to plans and specifications. Preconstruction meetings shall be held if necessary
with representatives of the USACE and the NCDWQ.
g) Short tern construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery.
h) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
i) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
PROPOSED COMPENSA TOR Y MITIGA TION
A mitigation plan will be developed for a "no net loss" of wetland habitat, value, and function to the extent
feasible on this site. The &QAI- of this plan is to preserve, protect, the extents of the existing wetlands and
streams. A field located natural buffer consisting of existing woodland along streams and wetlands will be
maintained during construction. The buffer area will be protected by silt fence where necessary. Clearing
required for utilities shall be the minimum necessary. A natural/native grass mixture shall be utilized in lieu of
turf grasses such as fescue. Employment of strict erosion and sediment control procedures will be specified
to avoid impacts to water quality. Existing wetlands and surface waters and buffer areas will be protected
from erosion and sedimentation during construction. The preserved streams and wetlands will be protected
from future impacts by the applicant or by a group designated by the applicant for this purpose.
Development of these areas will be deed restricted in accordance with restrictive covenants which will be
developed for approval by the USACE and/or NCDWQ.
THREATENED AN ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of successional fields, margins, and forested
openings. Since the site is primarily forested with small areas in late old field succession the habitat is not
likely present. Nearby and adjacent sewerline projects along the creek were evaluated by Dr. Jim h=
of ARP. Bate- on their-r=rt Schweinit2s sunflower was not present
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
Chatham, Page 5, November 21, 1997
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 12
State Protected ies
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
CULTURAL RESOURCES
Based on a review of the USGS maps inspected at the Office of State Archaeology and the Survey and
Planning Office no sites were indicated that are on or potentially eligible for the National Register of Historic
Places.
AQUATICHABTTAT
The aquatic systems in the project area consist of headwater wetlands, intermittent tributaries, and ponds. A
variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control plan
will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. Short term construction impacts, primarily stream
sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to promote
rapid recovery. Project construction will strictly adhere to an approved sedimentation and erosion control
plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic fife
such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened.
Nationwide Permit #12 Restoration Plan
As required by Nationwide Permit 12, the topsoil shall be saved through the disturbed area and the top 6"
to 12" of the trench will be backfilled with this topsoil to encourage rapid re-establishment of previous
vegetation conditions. Excess material must be removed to upland areas immediately upon completion of
construction. The contours throughout the area of disturbance will also be restored immediately upon the
completion of construction. An annual species suitable for wet locations will be planted within jurisdictional
wetlands for soil and erosion control. Perennials such as fescue will not be specified. The remaining
applicable Nationwide Permit 12 and 401 Water Quality Certification conditions which includes the
following will be incorporated into the plans and specifications of the project.
Grassing Specification
Disturbed wetland areas shall be stabilized with annual small grains that will initially stabilize the soils and
then allow the natural vegetation to become re-established. For stabilization, outside the optimum planting
windows, using a mixture of species on either side of the window may increase chances of a good stand.
Germination will be most difficult in the December - February period. For wetland stabilization during this
period, it will be necessary to be sure that wetlands are well mulched. Annual lespedeza could be added to
any planting mixtures during this period because it will germinate during the first warm days of spring.
Chatham, Page 6, November 21, 1997
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 12
Dates RAIC
April 15 - Sept. 1 Temporary Crop
Jap. Millet or Sorghum 40 lbs /acre
Aug. 25 - Oct. 31 Wheat 50 lbs /acre
Kobe lespedeza 15 lb/acre
Nov. 1 - April 15 Wheat or Winter Rye 40 Is /acre
Kobe lespedeza 15 lb/acre
Nurse Plants
Between May 1, and August 15, add 10 lbs/acre German millet or 15 lb/acre Sudangrass. Prior to May 1 or
August 15, add 40 lb/acre rye (grain).
Other nat' anuals suited to. wet conditions= be selected mdth r fescue other
turf Smsses shall b used W wetland areas
Excerpts from NCDWQ Conditions of Certification (Applicable to this project) and USACE Regional
Conditions to Nationwide Permit 12
NCDWQ Conditions of Certification
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General Certification and the
conditions of Nationwide Permit 12 or Regional Permit 198100049. Any condition in this certification which
is not met requires notification to and concurrence from NCDWQ;
2. The edge of the construction corridor is installed parallel to and closer than 10 feet (3 meters) to a
stream or if the utility line crosses a stream channel at less than 75 degrees or more than 105 degrees of the
stream bank;
3. Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000
USGS topographic map as permanent or intermittent shall be installed with no-seam piping. If no-seam
piping is not able to be installed, written concurrence from NCDWQ is required.
4. Construction corridors parallel to streams shall be placed at the furthest distance from the stream to
the maximum extent possible;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of
the state until the concrete has hardened;
6. Placement of rip rap is restricted to stream bottoms and banks directly impacted by the placement
of the utility line. Rip-rap may only be used below the normal high water level. The stream berm must be
restored to the original contours after construction;
Chatham, Page 7, November 21, 1997
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 12
7. That appropriate sedimentation and erosion control practices which equal or exceed those outlined
in the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina
Surface Mining Manual" are utilized to prevent exceedances of the appropriate turbidity water quality
standards (50 NTUs in streams and rivers not designated as trout waters by NCDWQ; and all lakes and
reservoirs, and 10 NTUs in trout waters);
8. All sedimentation and erosion control measures placed in wetlands shall be removed and the
natural grade restored after the Division of Land resources has released the project;
9. Annual species suitable for wet locations shall be planted within jurisdictional wetlands for soil and
erosion control. Perennials such as fescue are prohibited;
10. No fertilizer shall be applied within 10 feet of streams;
11. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet
in width in wetlands and must be minimized to the maximum extent practicable.
12. Permanent, maintained access corridors shall be restricted to the minimum width practicable and
shall not exceed 10 feet in width except at manhole locations. A 10 feet by 10 feet perpendicular vehicle
turnaround must be spaced at least 500 feet apart.
13. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary and
every 150 feet up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may
be constructed with Class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that
are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet (45.7
meters) long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10 -
5 cm/sec or less. A section and plan view diagram is attached for the anti-seep collars.
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded
course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular
course aggregate 5.5
C) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 211to 4"
e) Minimum strength - 28 psi 2s500
14. This general certification does not authorize any permanent changes in preconstruction elevation
contours in waters or wetlands. The permitee will have a specific plan for restoring wetland contours. Any
excess material will be removed to a high ground disposal areas;
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties. The
Director of the NCDWQ may require submission of a formal' application for Individual Certification for any
project in this category of activity, if it is determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters
are precluded. Public hearings may be held for specific applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the NCDWQ.
Chatham, Page 8, November 21, 1997
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 12
15. If an environmental document is required, this certification is not valid until a FONSI or ROD is
issued by the State Clearinghouse;
16. N/A
17. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will not be
required for this Certification if written concurrence is not needed.
18. Written concurrence is required if the maintenance corridor is greater than 10 feet wide.
19. This certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or local approval.
Additional USA CE Regional Conditions to Nationwide Permit 12 (Applicable to this project)
Temporary placement of excavated or fill material in waters and wetlands will be for the absolute
minimum period of time necessary to accomplish the work.
Each individual crossing will be stabilized immediately with native vegetation. Stabilizing with non-
native grasses (i.e., fescue, etc.) is prohibited
Anti-seep collars must be installed at no greater than 150-foot intervals on all sewer and drain lines
placed in wetlands, and all utility lines must be installed to prevent drainage of wetlands (i.e., no French
drain" construction, etc.)
The total width of the access corridor excavation and temporary fill area (including mechanized
land clearing) is restricted to no more than 40 feet and must be minimized to the extent practicable.
CONCLUSION
The approximate 100 acre residential development has been designed to balance the site's economic viability
with its environmental value. The goal of the Site Plan and Mitigation Plan is to help balance the
environmental consequences of this development by preserving the most valuable Jurisdictional Waters of
the U.S. on the site. The undisturbed streams and wetland areas will be preserved by the applicant or by a
group designated by the owner for this purpose.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
in r
d S. C
n , PWS
Environmental Planning Consultant
NC Landscape Architect 9578
cc: W. Ken Foster
Ridgeline Development Corporation
4500 Cameron Valley Parkway, Suite 350
Charlotte, NC 28211 Tele :704 362 5007
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r r
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Date: h
Applicant/Owner: County: v
Investigator: (,_ , (L,,..? rte/ State: ?y
Do Normal Circumstances exist on the site? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes ?tb Plot ID: T
(If needed, explain on reverse.)
\4(GI 0-0'%y Uf - L401 M (moo
VFGETATION
Dominant Plant So?e?cie"s Stratum Indicator
1. L(1 GG/ ?.J)'?tJM "?'G? Dominant Plant Soecies Stratum Indicator
9._ Jn t..JS S
-FA
3. c4 g-, G 1 v1G. - 11. 0K. Y_ Gt'
s
( I da^c
4. dW\
5 12. AG
.?+
5. L rG? D t2S J ?,t4C?1/?
6.? r1/?VS 4"iMWt C4 nGl '? ??{,1nE 13, L-?1 eotewx
14. C-QY121 ?+?IC ^ Zt21 r, ?j
r? Q11 n G.
G T
7._ 15. t
Percent of Dominant Species that are Oat. FACW or FAC
(excluding FAC-).
00
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators:
-Stream, Lake, or Tide Gauge Primary Indicators:
-Aerial Photographs --fnundated
_ Other S
turated in U
er 12 Inches
-No Recorded Data Available a
pp
_? ater Marks
Drift Lines
pediment Deposits
Field observations: ?rainage Patterns in Wetlands
_
Secondary Indicators (2 or more required):
Depth of Surface Water: fin.) ,::?bxldized Root Channels in Upper 12 Inches
t 4/i
Depth to Free Water in Pit: fin.) Water-Stained Leaves
.!?).oca! Soil Survey Data
j
Depth to Saturated Soil: (in.) -_
FAC-Neutral Test
Other er (Explain in Remarks)
Remarks:
WTI, 1995 -196-
SOILS
Map Unit Name ^ f tI ?tn? I P\d' C(
(Series and Phase): Dminage(£lass•
Feld Observations
Taxonomy (Subgroup): Confirm Mapped Type? es o
Profile Descriotion:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inchesl Horizon (Munsell Moist) (Munsell Moist) Abundance/Conrrzst Structure, etc.
O e),? 10 A
W1(AOY\ Ot c V^
14:!,e C,6\4 104e
t
Hydric Soil Indicators:
_ Histosol i_ oncretions
_ 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
_.,.41eyed or Low-Chrcma Colors _ Other (Explain in Remarks)
Remarks: I-lh C-?LI?t. t A^S -W rct . T ?t?GY?C !/n'! r' `Irjl
0U'v +r' 0r1 S. I?? a/zot-4 .
WETLAND DETERMINATION
Hydrophytic Vegetation Present? 6-P No (Circle) (Circle)
Wetland Hydrology Present? a No
Hydric Soils Present? s No Is this Sampling Point Within a Wetland? Yes No
Remarks:
-197- WTI, 1995
r •
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: 10 A~k Date: (J
Applicant/Owner; County:
Investigator: L State:
Do Normal Circumstances exist on the site? ® No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes 0 Transect ID:
Is the area a potential Problem Area? Yes (0 Plot ID: Z
(if needed, explain on reverse.)
Nt t eA ^,-(,I cat` Let- -IF Cad
VEGETATION
Dominant Plant Soecies Stratum Indicator Dominant Plant Soecies Stratum Indicator
1. l7 S. l??GtG 4 FAC,
2. d vMGn GL.l.1Gc> 1o..
3. ? w ? ?j 11. ? ....? ,acv
4. 12.
A
_
5.11,r- _e4-4 L-? f?u.G- riACi ?
13. 161.0 /
S -t V
6.?hLA V??4 CaCv? c { 14.
7. liC ?7? 1 t1? ?fr(??
14- 15.
Percent of Dominant Species that are OBL. FACW or FAC O
(
l
di
? 1
exc
u
ng FAC.).
d
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
other -Saturated in Upper 12 Inches
_ No Recorded Data Available _ Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations: :_:zrainage Patterns in Wetlands
..... Secondary Indicators (2 or more required):
Depth of Surface Water: fin.) _ Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: fin.) _ Local Soil Survey Data
//
+ (? _ FAC-Neutral Test
Depth to Saturated Soil:
(in.) _ Other (Explain in Remarks)
Remarks:
WTI, 1995 -196-
I i.
SOILS
Map Unit Name ?DI^ SGl?1G1
(Series and Phase): ` -'
Drainage Class:
11 Feld Observations
U
Taxonomy (Subgroup): Q
Confirm Mapped Type? es No
10 K
Profile Descriotion: ?-
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) ( Munsell Moist) Abundance/Conrrzst Structure, etc.
wr z to `?`' - ?. Jam
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Suifidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed an National Hydric Soils List
_ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks:
es No (Circle) (Circle)
Yes-
Yes Is this Sampling Point Within a Wetland? Yes No
-197-
WTI, 1995