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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 9 ?• S Aa 5 G Ch .: Pak 8e _, _ V` - _ `O,$s : 90 F p a7 Y ?" \ ? ? c 77 J. Fe,a"sh ` OG Q 9 C ; Or i a ' """ `SITE , • ,p?(TU '.^e "1?. leazp P.abn to q n P.F ,_? & PA ? .. G ` :: ?b -. oe man ' 0? '9om a ? ? d - p;,? 4 f5m/m 9p .. 3 pr ^-.,r yym r MaWa nu . m * '? .'. c .__ '9URCy S n / L z ' DAVID CO7l f10ADC ELEM. SCHOOL R 0. t ? _¢ U D ?R` MALLARD a ?qSt 8 vi ELEM. .+' SCHOOL BLVD WWI" p 6 HARRIS Ft o-A 191. rou 4 rn d r `=per ? Ur o ? £L. 6ovemor HYM x'90 ? 1?0 -re? p?? aanwaya ?S r`. n Hy? $ x 5 a?, c?- 43+ ? . I 9 ° UNIVERSITY RESEARCH l PARK - R '9op 9 S ,• esea ,.: ? _._ .. H -..... .. ? Ci F Ma:'wA C _ C. p swat - .. ? ,1 ggA,r ? ? s e yG H r C / f d? f ? _ 9 f?eYH / m ,y.A .PC gyp/ ? to a ?a neny 8r; 4 J .• .. aq, IBM /? 4 PP Y ; g, y 9 Cf 4 T g \_ can ' A P ' SHOPPES AT 282 62 UNIVERSITY PLACE - ?K 4 ch \ . " UNIVERSITY p F+ E P Rd u OF l+G atM tAFOUNA J a , N S @ 4 ENTE C fl N V RStT . AT MAFiLL'TTE azz ?• O4@ / y? y • U I y CITY C J Q o yQ' : e , q ? ?'q a nnd? ?. s ? .5 ti ' DEW O DI ? cENTE a M. . [. n ELE - i mSCHOOI _a0 ? In Ka9a Pf^ 4 .. `r ? W _ PLAZA 4 Q .f P any yyy '.£ 1 ' W g Ca aC ? NEWELL ELEV 0 ? '? t 5 q Ar', ' S . SCHOOL c?, HawaGSaA"? eo 4,? , p / r^° ' s aETMSEMANE pA MEMORIAL DAROENS RTM E _i Ramn C RISTIIY w+e. "?? Q `'M Gy`'b a 4 d ?aq? `? e A le S 7 I S y y . a q . ., LOCATION MAP \' .?' - otasH °d 8 ? . RA a - µer4ns S' U A % ? 9 4 y 4 ? sd 4 --_ ? m O 9 ? l r e % qc C ? Q,O O ? ? ? 1:?: . :e? ?. r _.In ,_ _ " - 4" ? ? Q ? OVERALL PROJECT SITE ti C)Y PHASE 1 ?o vQ. Qv VICINITY MAP Gq??Owq Y _?q0 DoE C/y?RC? 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P UBHfi :. it - 1 FOIA r 'iC IBM ?? = a PEM IFh Pomb // - ; - FOFA ?- `J PFOIA -d PF91A c In 7S0 i IV4 2USH PUBitFr--o \ i _ .TF01A \ \ PFO1C `' \ PSSIG\- ?..''PFOIfi-?? ? ?oo ?- !/ - PFOIA F2UBHx \ f01A / gH (A9'L-'PUBNh PF PUBW ?iP F 0 -7 PFOIC `?` /, rA \, \ v Aso UBHX 3908 zz' 'IF.Eh IC / r -PUBHIr 1 PFOI)# PFOIA A; J-i } SHEET NUMBER 4 MECKLENBURG COUNTY, NORTH CAROLINA 80'45' Q?i?Y r.\ m dj ^9ss? S ? oYfO ??1fgWqIS `?oNO Mao V ? ZW Z ?V z? V U d m? U m ?C N RM5 .2 oa I Sv - ' 1 eM N m A. z d ? C Y? O n N a ' \ Z 2 Z WV .L9ZZL M .LS,LLfO 5 y? -??, N W N Z 0 S 0 < ?" Lu O W d a Rig, fi N ZZ ?W CW Z? A 'b' A Wa z ?? . W o. N . 6 W < A + ? N ? o '- N .N- aGa ° Y< y, / i O z ? 3 0 ri W? ?Z N N' h^' G Q ? N ?I?i m?m"B m:m N?'i WQn+fynfl) S'???c?in rn 2 Z Z 2 Z N N J J J J J N J p r O j @! z s? leb Z= 0% F= U 0 0 Z CL 0 z U tf) ` r n ? U W m D 4p Z o ¢ N x Z ? r W v 1 2% m N N G N Jhu: A? Jd'Wm V? as pp???g; v3 GJYa?i W ? ?T 6 i OP??P{ OF ? e si ?b?o ,? ,O' T ? wd W ?j En W li Y 0, C O rc N N IS °?04yi i? Z pNj \ ZN ?'<^ d aF P ", M a . qk3. mod. 8rti 'r,:.: r 2s rc i a 14 r / s2S W az /LL? a 5? hZSl j??N / oa ?S ?JESa GiW ?yNj / # W m N ? G v? (S8 (rYX) alwo JH Z O H W Z J LU a J F- W 3. w O LL H Z W I W C7 J Z W N W Z O W Q J Z CL Q W J ?. a ? o W U) cWn a Q O a CL J Y.Af z W W W y ?I I• N ? W e N s? N ? M C _ r :t LU. ` - - G . - ?in? ,? 15 Po \\ LO ?\ / ?'-alp\? NWP#12 tom/ rj :06`.70 END CHAN EL 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