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HomeMy WebLinkAbout20030521 Ver 1_COMPLETE FILE_20030501MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Hattie Meadows S/D County Mecklenburg Project Number 03 0521 County2 Recvd From APP Region Mooresville Received Date 515103 Recvd By Region 5/15/2003 Project Type residential subdivision Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME F39 Stream O YO N F- 13-17-5-5 F _c F_ 30,711. F_ 296.00 ? 296.00 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info?O Y O N Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? O Y OQ N Recommendation: O Issue * Issue/fond O Deny Provided by Region: Latitude (ddmmss) 352119 Longitude (ddmmss) -804612 Comments: Staff visited the site on May 20th. The stream to be impacted is intermittent and is located in a natural lowland, though not a wetland. It appears to be more of a natural drainage wax, however, it does convert to a functional stream offsite. ***The area in question is to be filled and graded to allow for the construction of homes. The infill and grading may impact the natural hydrology of the stream below the development. ***The natural hydrology of the lower end of the stream that is not to be impacted should be maintained iping, french drain), cc: Regional Office Central Office Page Number 1 NCDWO Stream Classification Form SCP2 - Unimportant Intermittent Stream A Project Name: Hattie Meadows Subdivision Project River Basin: Yadkin River County: Mecklenburg Evaluator(s): Gregg Antemann and Isaac Hinson DWQ Project Number: Nearest Named Stream: Stony Creek Signature(s):GG q ?z.ti ' Date: 6/6/02 USGS QUAD: Derita. NC Longitude: W80°46' 12" Latitude: N35°21' 19" ?J Location/Directions: From downtown Charlotte, travel north on Interstate 85 to Exit 46B (Mallard Creek Church Road). Travel west on Mallard Creek Church Road for approximately 1.5 miles and turn right onto Mallard Creek Road. Travel for approximately '/4 mile and turn left onto Polk and White Road. The site is located behind the existing houses along the right side of Polk and White Road. "PLEASE NOTE: If evaluator and landowner agree that the feature is a man ade ditch, then use of this form is not necessary. Also, Olin the best professional judgementof the evatuator, the feature is a man-made ditch and not a modified natural stream-this rating system shoald not be used' Primary Field Indicators: (Circle One Number Per Line) 1. Geomornholwn? Absent W k Moderate tron 1) Is There A Riffle-Pool Sequence? 0 2 3 2) Is The USDA Texture In Streambed 5) Is There An Active (Or Relic) Bivalves Present? ' PRIMAR YBIOLOGYINDICATOR POINTS. S Secondary Field Indicators: (Circle One Number Per Line) 3) Does Topography Indicate A Natural Drainage Way? 0 0.5 0 1.5 ' SECONDARY GEOMORPHOLOGY INDICA TOR POINTS. 1.5 11. Hydrology Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter Present In Streambed? 1.5 0.5 0 2) Is Sediment On Plants (Or Debris) Present? 0 1 1.5 3) Are Wrack Lines Present? 0 0.5 1Q 1.5 4) Is Water In Chancel And >48 Hrs. Since ® 0.5 1 1.5 Last Rnown Rain? NOTE: 1 Ditch Indicated In 09 Above Ski This Ste And #S Belows 5) Is There Water In Channel During Dry 0.5 1 1.5 ' Conditions Or In Growing Season)? 6) Are Hvdric Soils Present In Sides Of Channel (Or In Headcut)? Yes No=O SECONDARY HYDROLOGY INDICATOR POINTS: 4 1) Are Fish Present? 0.5 1 • 1 ?• V 2 Are Amphibians Present? 0.5 1 1 3) Are AauaticTurtles Present? 0.5 1.5 4 Are CELyfish Present? 0.5 I 1. Are Macromhos Present? 0.5 1 1.5 6 Are Iron Oxidizing Bacteria/Fungus Present? 0.5 1 1.5 7 Is Filamentous Ai ae Present? 0.5 1 1.5 ' 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (s NOTE: If Total Absence Of All Plants In Streambed 2 1 0.75 EN 0 0 As Noted Above Skip This Step UNLESS SAV Presents). SECONDARY BIOLOGY INDICATOR POINTS: 0.5 ' TOTAL POINTS (Primary + Secondary 18 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) ("NOTE: I Bed & Bank Caused By Ditchin¢ And WITHOUT Sinuosity Then Score=0s) 10) Is A 2' Order Or Greater Channel (As Indicated On Tooo May An&Vr In Field) Present? Yes=3 No=R PRIMARY GEOMORPHOLOGY INDICA TOR POINTS.-L-_ II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater Flow/Discharge Present? ® 1 2 3 PRIMARY HYDROLOGY INDICATOR POINTS: 0 Wetlands Tracking Nu ie Meadows S/D 0521 D Inactive Project Type p«r-pose of residential subdivision Location Stony Creek Oak St. i Last 401s Recvd Sent to Recvd Action Recvd From Date Region Region Date 1 Total for Inspections/ Violations Inspection Date Inspector Compliant Letter Type 296.00 17401 ?c?.?. I ??n.trtrl I I Date Sent Reply Date Current St MEMORANDUM TO: John Dorney Regional Contact: Alan Johnson Non-Discharge Branch WQ Supervisor: Rex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Hattie Meadows S/D County Mecklenburg Project Number 03 0521 County2 Recvd From APP Region Mooresville Received Date 515103 Recvd By Region 5/15/2003 Project Type residential subdivision Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 39 Stream P7-@) N F- 13-17-5-5 rC I - 30,711. F-- 296.00 F- 296.00 Mitigation Wetland MitigationType Type Acres Feet F_ r F_ Is Wetland Rating Sheet Attached? O Y ON Did you request more info? (BY ON Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue OQ Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 352119 Longitude (ddmmss) -804612 Comments: Staff visited the site on May 20th. The stream to be impacted is intermittent and is located in a natural lowland, though not a wetland. It appears to be more of a natural drainage wax, however it does convert to a functional stream offsite. The area in question is to be filled and graded to allow for the construction homes. The infill and gradiilgmay4mpact the natural hydrology of the stream below the development. The natural hydrology of the lower end of the stream that is not to be impacted should be maintained (?peng, french drain). cc: Regional Office Central Office Page Number 1 .....RO , . - r, `OHO 9pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director > Division of Water Quality June 11, 2003 DWQ# 03-0521 Mecklenburg County Ms. Lashonda Jones Landcraft Properties 201 North Tryon St., Suite 2650 Charlotte, NC, 28202 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Fisher: You have our approval, in accordance with the attached conditions, to place permanent fill in 296 linear feet of intermittent streams in order to construct the Hattie Meadows Subdivision Project in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on May 1, 2003, and in subsequent discussions with staff of the DWQ Mooresville Regional Office. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at htto:Hh2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 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. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. 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, as well as the additional condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at httr):Hh2o.enr.state.nc.us/ncwetlands ; 2. The culverts required for this project shall be installed in such a manner that the original stream profiles at the outlet of the fill area are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained at the lower end of the stream. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality; 3. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Custpmer Service 1 800 623-7748 AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Gregory Antemann, 5000 Nations Crossing Road, Suite 230, Charlotte, NC, 28217 030521 0 North Carolina Wildlife Resources Commission Charles R. Fullwood, I?xccutivc I )irector MEMORANDUM TO: John R. Dorney, Division of Water Quality Dept. of Environment and Natural Resources `k, FROM: Ron Linville, Regional Coordinato / C Habitat Conservation Program DATE: May 20, 2003 SUBJECT: Review of 401 Certification Application, Hattie Meadows Subdivision, NWP 39, Mecklenburg County Landeraft Properties is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. 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). Unavoidable impacts to 296 linear feet of unimportant intermittent stream channel are proposed for a residential subdivision. The applicant proposes to avoid 108 linear feet of important intermittent channel. Impacts are located on a tributary of Stonyk4wk, which is tributary to Mallard Creek and the Rocky River. Suitable habitats may iv present in the river basin for the Carolina heelsplitter (Lasmigona decorata), a fe'deral endangered species and the Carolina darter (Etheostoma collis collis), a fedipraj species of concern or listed aquatic species. Based on our review of the project submittal, we will not object to the 401 Certification; however, we continue to be concerned about incremental cumulative and secondary impacts within the Rocky River Basin. Avoidance and minimization of stormwater impacts associated with increased imperviousness by the development should be considered and provided to the extent practicable. Low Impact Development (LID) techniques should be beneficial. Information about LIDs may be found at www.lowimpactdevelo-pment.org. Naturally vegetated undisturbed permanent fifty (50) Mailing Address: Division of Inland fisheries • 1721 Mail Scr%Icc Ccnter • Raleigh, NC 2 7699-1 72 1 Telephone: (919) 733-3633 ext. 281 • Pax: (919) 715-7643 Hattie Meadows Subdivision 2 May 20, 2003 foot buffers should be provided through protective fencing, deed restrictions and/or other legal methodologies along remaining jurisdictional channels. Understory vegetation is important to many species of birds and wildlife so we recommend preservation of small caliber plants within buffer 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. Date: ?J L Triage Check List Project Name: DWQ#: O 0 County: ?d Uti To: ? ARO Mike Parker ? FRO Ken Averitte MRO Alan Johnson ? RRO Steve Mitchell From: 4- M/Cov ? WaRO Tom Steffens ? WiRO Noelle Lutheran ? WSRO Cyndi Karoly (Cerntral Office) Telephone : (919) ?7, The file attached is being forwarded to your for your evaluation. Please call if you need assistance. C?kstreani length impacted Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps %5?,Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: U), i ( .tom \noeas e_ Tto 'i mss, kil , (,7,,-e, A L/\,_ 5?Qk Uh 6 I. oo?l (k\ -Y d Carolina Wetland Services 0,9Q5 Pre-Construction Notification Pursuant to Nationwide Permit No. 39 and Request for Verification Hattie Meadows Subdivision Project Charlotte, North Carolina Carolina Wetland Services Project No. 2002-0212 1 April 30, 2003 WETLANDS/ 401 GROUP MAY €) 1 2nn,3 Prepared For: WATER QUALITY SECTION I I Ms. Lashonda Jones Landcraft Properties 201 North Tryon Street, Suite 2650 ' Charlotte, North Carolina 28202 (704) 332-8284 I Prepared By: Gregory C. Antemann, P.W.S. ' Isaac J. Hinson Carolina Wetland Services, Inc. 5000 Nations Crossing Road, Suite 230 ' Charlotte, North Carolina 28217 (704) 527-1177 5000 Nations Crossing Road, Suite 230 • Charlotte, NC 28217 • (704) 527-1177 Office • (704) 527-1133 Fax www.carolinawet]andservices.com I Hattie Meadows Subdivision Project April 30, 2003 Nationwide Permit No. 39 Application Project No. 2002-0212 Table of Contents Executive Summary .............................................................................................................................. I Existing Conditions .............................................................................................................................. 2 Current Land Use .............................................................................................................................. 2 Jurisdictional Delineation ................................................................................................................. 2 Agency Correspondence ....................................................................................................................... 3 Cultural Resources ............................................................................................................................ 3 Protected Species .............................................................................................................................. 4 Purpose and Need for the Project ......................................................................................................... 4 Avoidance and Minimization ............................................................................................................... 4 Proposed Impacts to Jurisdictional Waters ........................................................................................... 4 Com ensato Miti ation S P ry g ................................................................................................................ List of Attachments Attachment A - Figure 1. USGS Site Location Map Attachment A - Figure 2. NRCS Soil Survey Attachment A - Figure 3. Wetland Boundary Survey Attachment B - Agent Certification of Authorization Form Attachment C - Routine On-Site Data Form Attachment D - NCDWQ Stream Classification Forms Attachment E - USACE Intermittent Channel Evaluation Forms Attachment F - Request for Jurisdictional Determination Form Attachment G - Representative Photographs Attachment H - Agency Correspondence Attachment I - Figure 4. Proposed Site Plan Attachment J - Figure 5. Proposed Impacts Attachment K - Pre-Construction Notification Application - Nationwide Permit No. 39 ' Hattie Meadows Subdivision Project April 30, 2003 Nationwide Permit No. 39 ARvlication Project No. 2002-0212 Executive Summary ¦ The Hattie Meadows Subdivision Project is located in Charlotte, North Carolina, approximately two miles west of the Interstate 85 (1-85) - Mallard Creek Church Road interchange. The ' purpose of this project is to develop approximately 24 acres of wooded area into a residential subdivision. Landcraft Properties has retained Carolina Wetland Services, Inc. (CWS) to provide wetland permitting services for this project. ' The results of the on-site field investigations conducted by CWS indicate that there is one jurisdictional stream channel (Stream A) located within the project limits. Unavoidable impacts ' associated with this project total approximately 296 linear feet of Unimportant Intermittent Stream A. On behalf of Landcraft Properties, CWS is submitting a Pre-Construction Notification application with attachments in accordance with Nationwide Permit General Condition No. 13, ' and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3362. CWS is also requesting written verification of the determination of Stream A. Under the Proposed Site Plan, 100% (108 linear feet) of Important Intermittent Stream A will be avoided. Based on the ' limited extent of the impacts to jurisdictional areas, no mitigation is being proposed at this time. Hattie Meadows Subdivision Project April 30, 2003 Nationwide Permit No. 39 Application Project No. 2002-0212 Existing Conditions The Hattie Meadows Subdivision Project is located in Charlotte, North Carolina, approximately two miles west of the Interstate 85 (I-85) - Mallard Creek Church Road interchange (Attachment A - Figures 1 and 2). The purpose of this project is to develop approximately 24 acres of wooded area into a residential subdivision. Landcraft Properties has retained Carolina Wetland Services, Inc. (CWS) to provide wetland permitting services for this project (Attachment B). The following sections describe the existing conditions of the project area. Current Land Use The current land use for this project consists of undeveloped forest. Dominant canopy vegetation includes red maple (Acer rubrum), red elm (Ulmus rubra), northern red oak (Quercus rubra), Virginia pine (Pinus virginiana), sweetgum (Liquidambar styraciua), willow oak (Quercus phellos), red cedar (Juniperus virginiana), and tulip poplar (Liriodendron tulipifera). Dominant understory vegetation includes Virginia creeper (Parthenocissus quinquefolia), catbriar (Smilax rotundifolia), and poison ivy (Toxicodendron radicans). Jurisdictional Delineation From June 6-13, 2002, CWS's Gregg Antemann, Isaac Hinson, and Matt Faircloth delineated on- site jurisdictional waters of the U.S.' using the U.S. Army Corps of Engineers (USACE) - Routine On-Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual.2 No wetland areas were identified within the project limits. A Routine On-Site Data Form representative of on-site upland areas has been included as Attachment C. Jurisdictional waters of the U.S. were classified according to recent North Carolina Division of Water Quality (NCDWQ)3 and USACE guidance. NCDWQ Stream Classification Forms and USACE Intermittent Channel Evaluation Forms for Stream A have been included as Attachments D and E. 1 "Jurisdictional waters of the U.S." includes essentially all surface waters such as: all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these waters. z Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 3 North Carolina Division of Water Quality Stream Classification Method. Version 2.0. 1999. Hattie Meadows Subdivision Project April 30, 2003 Nationwide Permit No. 39 Application Project No. 2002-0212 The results of the on-site field investigations indicate that there is one jurisdictional stream channel (Stream A) located within the project limits (Attachment A - Figure 3). Stream A is an unnamed tributary to Stony Creek. Stony Creek is part of the Yadkin River basin (HU# 03040105)4 and is classified as "Class C" waters by the NCDWQ. CWS is requesting written verification of the determination of the Stream A (Attachment F). Stream A generally flows northeast across the center of the project area for approximately 423 linear feet (Attachment A - Figure 3). Approximately 108 linear feet of the downstream portion of Stream A was evaluated to be Important Intermittent. This portion of Stream A exhibits a two-foot average ordinary high water width, moderate sinuosity, and channel substrate consisting of coarse sand to cobble (Attachments D and E - SCP 1). This portion of Stream A scored 25 out of a possible 71 points on the NCDWQ Stream Classification Form. A photograph of Important Intermittent Stream A is included as Attachment G - Photograph A. Approximately 315 linear feet (0.011 acre)5 of the upstream portion of Stream A was evaluated to be Unimportant Intermittent. This segment of Stream A exhibits a one to two-foot average ordinary high water width, a weak bankfull bench, and stream substrate consisting of coarse sand to gravel (Attachments D and E - SCP2). This portion of Stream A scored 18 out of a possible 71 points on the NCDWQ Stream Classification Form. A photograph of Unimportant Intermittent Stream A is included as Attachment G - Photograph B. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on October 7, 2002, to determine the presence of any areas of architectural, historic, of archaeological significance that would be affected by the project. In a letter dated October 29, 2002, SHPO stated that they " ... are aware of no historic resources which would be affected by the project, and therefore, have no comment on the undertaking as proposed" (Attachment H). 4 "HU#" is the Hydrologic Unit Code. Hydrologic Unit Map, State of North Carolina. U.S. Geological Survey. 1974. 5 Approximate acreage of Unimportant Intermittent channel was calculated using a 1.5-foot average ordinary high water width. Hattie Meadows Subdivision Project April 30, 2003 Nationwide Permit No. 39 Application Project No. 2002-0212 Protected Species Letters were forwarded to the North Carolina Natural Heritage Program (NCNHP) and U.S. Fish and Wildlife Service (USFWS) on October 7, 2002 to determine the presence of any federally- listed or candidate endangered or threatened species or critical habitat located within the project area. In a letter dated October 17, 2002, the NCNHP indicated that they have no record of any rare species, significant natural communities, or priority natural areas at or within 3/4 mile of the site (Attachment H). To date, no response has been received from the USFWS. Purpose and Need for the Project The purpose of this project is to develop approximately 24 acres of wooded area into a residential subdivision. This project is intended to provide single-family housing to an area that is experiencing significant population growth. Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Under the Proposed Site Plan, 100% (108 linear feet) of Important Intermittent Stream A will be avoided (Attachment J - Figure 5). An additional 19 linear feet of Unimportant Intermittent Stream A and portions of the surrounding forest will also be avoided. Forested areas to be avoided are labeled as "COMMON OPEN SPACE" in Figures 4 and 5. The Site Plan has also minimized impervious coverage to 26% of the project area. Temporary sediment basins will be constructed along both sides of Important Intermittent Stream A to protect downstream waters during construction. These measures will be removed and a riparian zone will be allowed to reestablish after construction is complete. Proposed Impacts to jurisdictional Waters Proposed impacts will total approximately 296 linear feet of Unimportant Intermittent Stream A. Impacts will result from filling the channel to accommodate the proposed site grades and road crossing (Attachment J - Figure 5). On behalf of Landcraft Properties, CWS is submitting a Pre- Construction Notification application with attachments in accordance with Nationwide Permit 4 ' Hattie Meadows Subdivision Project April 30, 2003 Nationwide Permit No. 39 Application Project No. 2002-0212 General Condition No. 13, and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3362 (Attachment K). I Compensatory Mitigation ' Based on the limited extent of the impacts to jurisdictional areas, no mitigation is being proposed at this time. 5 I ?) i 1 j-? _V o r } Carolina Wetland Services Figure 1. USGS Site Location Map 5000 Nations Crossing Road, Suite 230 Hattie Meadows Subdivision Project Charlotte, North Carolina 28217 Charlotte, North Carolina CWS Project No. 2002-0212 PREPARED BY" DATE CHECKED BY DATE ? f 2-2- -0' 3 Gc- A 4.36'43 I Approximate Scale 1" = 2000' Reference: USGS 7 S Minute Topographic Map Series, Denta Quadrangle, North Carolina dated 1996. I Approximate Scale 1 " = 2000' Reference NRCS Soil Survey of Mecklenburg County, North Carolina, Sheet No. 4, dated 1990. Carolina Wetland Services Figure 2. NRCS Soil Survey 5000 Nations Crossing Road, Suite 230 Hattie Meadows Subdivision Project Charlotte, North Carolina 28217 Charlotte, North Carolina CWS Project No. 2002-0212 PRF PARED BY DATE CHECKED Bl" DATE T-71-0 2 - 2( - 0 3 k4ll? 4. ;o 03 bb N ID1!$ OCO rNVaTr Narpr WES Not FW TO ML WITHIN ,) M "JECT 4, h,7 DOROTHY BIACAIY OdAL6R A Nye OpphilD i10W pD KAZARD ZONE 1191A FIRM CPYMtt NEL ! - _%-' d' DATED hm 0 MARCH SE ? 1 No MEO& w7 ros d CAARLXS X, ONHLJR !' SJBXCT PR?tt,'Mo?jb':N TS APPEAR OM TO [ w1MM 2000' OF N YB M. PC Rai TAX ID OXa-391-06 1) M \•? . - 7' =.T= PIIdfR1Y CORNEAS LNEW OIIORM!( NOTED HEREON. p UNXhUdN DddD RNPIPJ UN A( DY OOpOP1ATE IETOD. / S UNDERGROUND VTDITEy a ANY. NOW NOT LOCAtm DY TM 14TEY. 6) PER YECIaDM1NG COINIIY 7B KOSUTOM MIEN TM RIOPURTY N CNNILNTLY 2009[0 AS R-3. " SJB.ECI TO TIRE SECA AD ro Arv ArD ALL NONE R MYE ?`?? l ( a oaC NCS>MTNAI( AI/ uso+TS OF RECORD 1R114A Lor rot - ?t - s?ON.Q[a a NOt. MB W. PC ar Important Intermittent Stream A \ 718 Approximately 108 linear feet .\ LOT NO 3 N 47'3619' E? . $ ), 6300 ? ? 7 h,'f YDfXI aNAr.RG Elv.'M)' W N172731•E W TAX ID feu 9Yr-?. ?? Yr n. rn eroya ?ql ?Ylb eAm ? DA N r D7 p IW4 YR n, R btf\ 01 / f ' N 20335• Ili ? V ` ?i % yy - - ? N 86•16'" VJ 4%7 9- - ? > w SS C' Unimportant Intermittent Stream A SC°z Approximately 315 linear feet (0.011 acre) ?? O h 1)4 x%97 'CL T Zy 200 too 0 200 ^ >evr?A NRNap ME??w- k SCALE-1•'200-0. N P - I' ?? ? ?, ass ?l?• "' ? ' 09/1 LARRY C. TRIUMON ?` • > ? v ?R, R J _ S TAX ILI DZP-art-47 DD ISM IC r7r Y ;Z d ' ?, \ _? N 6e ?670+0E,. e7?• E dD?rr s y ' V? /i N ae76R7' Y. E37.00' " -/ N x'76• S O7'OC71 54A& `- _ ' '? < e 1Ny P < a- 17176'SE2Ttr'716C' `s rncs v x J A Y I° &' 3 x n x DR rxDOAMSOx TAX N ? f nw• ° E ''N ills hD 0L 020-3 2-1 O E 1 ." X, . 7 F ?> tt nA aerr, w am $ ?> o k I a "g 41 / itC ??:a as --------------------- : ?I? s6 t N ('"JAI SOMAS lNC °..?- AL COMBINED AREA DR 2"• PC 4PI FOLK W N; i l ROAD 60' RIW MMCsrur (1wnwr) r_"a 31374.766 SQ. FT, 23,68 ACRES N/J 11AICIDd RSfCOR/ORABDNaIA'!ALT ON LIACOW O pYN.OM NECODddIG UTILITY DEPARTMENT _' AREA WITHIN R/W IIO .> DBI l1A4T NMWICIAL ROME rP p ST?Iam PIN[ 8979.146 SQ. FT. E7 (?Q Q PAYOrN, tDa K"° 0,21 ACRES A : ft w D . M. SCNX TOTAL AREA OUTSIDE R/W NIN" M. ro rr `.%A F% PAX 1022395,620 SQ, FT, PA, Rlwl Q MAY 3, I,. . 7G1N[ r¢T 83,47 ACRES It : s; ;,,? DAA Iw vN1TA91 ttrEP NNrO.E NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED) IN THE FIELD BY CAROLINA WETLAND SERVICES, INC. (CWS) FROM JUNE 6-13, 2002. JURISDICTIONAL BOUNDARIES HAVE BEEN SURVEYED BY SINCLAIR AND ASSOCIATES. raa uas O ,• sM-r 4/1 /0.3 s II ? cwlinNwuimasarvr, PLO, DN. . M DrNNw 5000 N.6- QtNuog RQ SoMe 230 Wf ChvloV NorthCNoP 98117 "NO. ara®Dr REF: SURVEY PROVIDED BY SINCLAIR AND ASSOCIATES, DATED SEPTEMBER 9, 2002. LEGEND JURISDICTIONAL STREAM CHANNEL PROJECT BOUNDARY •SCP1 STREAM CLASSIFICATION POINT •DP1 DATA POINT (A PHOTO LOCATION AND DIRECTION NRT FIGURE 3. WETLAND BOUNDARY SURVEY ' HATTIE MEADOWS SUBDIVISION PROJECT - CHARLOTTE, NORTH CAROLINA a ' AGENT CERTIFICATION OF AUTHORIZATION I??l? ?„ Ol representing handcraft Properties, Inc. hereby certify that I have authorized Gregory C. Ante nann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this permit and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. c Appli ant's signa Age signature "2&9 /" - 4.30 03 Date Date ' Completion of this form will allow the agent to sign all future application correspondence. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Hattie Meadows Subdivision Proiect Date: 06/13/02 Applicant/Owner: Landcraft Properties County: Mecklenburg Investigator(s): Gregg Antemann Isaac Hinson and Matt Faircloth State: NC Do Normal Circumstances exist on the site? Ye No Community ID: Ulan Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP1 If needed, explain on reverse. VEGETATION Dominant Plant Species 1. Acer rubrum Stratum Indicator tree FAC Dominant Plant Species Stratum indicator 9. Smilax rotundifolia vine FAC 2. Ulmus rubra tree FAC 10. 3. Parthenocissus yuinguefolia vine FAC 11. 4. Quercus ruhru tree FACU 12. 5. Pinus virginiana tree 13. 6. Liquidambarstyraciflua tree FAC+ 14. 7. Quercus phellos tree FACW- 15. 8. Juni erus vir iniana tree FACU- 16. Percent of Dominant Species that are OBL, FACW or FAC 75% Remarks: More than 50% of dominant ve etation is FAC or wetter. '1 I HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge _ Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inche Depth to Free Water in Pit: N/A (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >12" (in.) _ FAC•Neutral Test Other (Explain in Remarks) Remarks: Wetland h drolo indicators are absent. Routine On-Site Data Form Page 1 of 2 4/30/2003 SOILS Map Unit Name (Series and Phase): Enon sandy loam Drainage Class well drained Field Observations Taxonomy (Subgroup): thermic Ultic Ha ludalfs Confirm Mapped Type? Yes No Profile Descri tion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12" B 2.5Y 5/3 N/A N/A silt loam _ 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 (Inclusions) _ Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: H dric soil indicators are absent. 1 -1 WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle etland Hydrology Present? Yes No (CirhN. Hydric Soils Present? Yes No Ils this Sampling Point Within a Wetland? Yes Remarks: Approved by HQUSACE 2/92 Routine On-Site Data Form Page 2 of 2 4/30/2003 NCDWO Stream Classification Form SCP1 - Important Intermittent Stream A Project Name: Hattie Meadows Subdivision Project River Basin: Yadkin River County: Mecklenburg Evaluator(s): Gregg Antemann and Isaac Hinson DWQ Project Number: Nearest Named Stream: Stony Creek Signature(s): K Date: 6/6/02 USGS QUAD: Derita. NC Longitude: W80° 46' 12" Latitude: N35° 2 P 19" Location/Directions:_From downtown Charlotte, travel north on Interstate 85 to Exit TO (Mallard Creek Church Road). Travel west on Mallard Creek Church Road for approximately 1.5 miles and turn right onto Mallard Creek Road Travel for approximately 1/4 mile and turn left onto Polk and White Road. The site is located behind the existing houses along the right side of Polk and White Road. -PLEASE NOTE: If evaluator and landowner agree that the feature Is a man-made ditch, then use of this form is not necessary. Also, !fin the best professional judgement of the evaluator, the feature Is a man-made ditch and not a modified natural stream-this rating system should not be used- Primarv Field Indicators: (Circle One Number Per Line) 1. Geornorphology Absent Weak eras Strong 1) Is There A Riffle-Pool Sequence? 0 l 3 2) Is The USDA Texture In Streambed 5) Is There An Active (Or Relic) 11. Hydrology Absent Weak Moderate troae 1) Is There A Groundwater Flow/Discharge Present? ® 1 2 3 PRIMARY HYDROLOGY INDICATOR POINTS. 0 1) Are Fibrous Roots tin Streambed? 2 1- 21 Are Rooted Plants Present In Streambed 2 1 0 Is Periphyton Present? 1 2 3 4) Arc Bivalves Present? 1 2 3 PRIMARYBIOLOGY INDICATOR POINTS. 6 Secondary Field Indicators: (Circle One Number Per Line) 3) Does Topography Indicate A ' Natural Drainage Way? 0 0.5 D 1.5 SECONDARY GEOMORPHOLOGY INDICATOR POINTS: 1.5 11. Hydrologv Absent Weak Moderate trone 1) Is This Year's (Or Last's) Leaflitter ' Present In Streambed? 1.5 n 0.5 0 2) Is Sediment On Plants (Or Debris) Present? 0 1 1.5 3) Are Wrack Lines Present? 0 0.5 1 1® 4) Is Water In Channel And >48 Hrs. Since ® 0.5 I 1.5 ' Last Known Rain? (*NOTE., I Ditch Indicated In #9 Above Skip This Ste And #5 Below' 5) Is There Water In Channel During Dry 0.5 1 1.5 Conditions Or In Growing Season)? 61 Are Hvd_ric Soils Present In Sides Of Chan_ncI (Or In Hcadcut)? Yes 1. No=0 SECONDARY HYDROLOGY INDICATOR POINTS: 4.5 1) Are Fish Present? 0.5 1 1.5 2) Are Amphibians Present? 0.5 I 1 3) Are iAcluaticTurtles t9 0.5 I 1.5 4) Are Crayfish Present? 0.5 1 1 5) Are n 1,5 A n xidizin Bacte ia/Fun us Present? 5 1 1. 7 1 Filamentous Algae Pren ? 0.5 1 1. I 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL NOTE: IjTotal Absence OjAll Plants In Sireambed 2 1 0.75 0.5 0 0 As Noted Above Skin This Step UNLESS SAYPresent"). SECONDARY BIOLOGY INDICATOR POINTS: 0 TOTAL POINTS (Primary + Secondary), 25 (IjGreater Than Or Equal To 19 Points The Stream Is At Least Intermittent) ('NOTE: If Bed dc Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0') 10) Is A 2nd Order Or Greater Channel (As Indicated On Tooo May And/Or In Field) Present? Yes=3 NoA PRIMARY GEOMORPHOLOGY INDICATOR POINTS. " ' NCDWO Stream Classification Form SCP2 - Unimportant Intermittent Stream A Project Name: Hattie Meadows Subdivision Project River Basin: Yadkin River County: Mecklenburg Evaluator(s): Gregg Antemann and Isaac Hinson DWQ Project Number: Nearest Named Stream: Stony Creek Signature(s):GG,q 1 j ' Date: 6/6/02 USGS QUAD: Derita. NC Longitude: W80° 46' 12" Latitude: N35° 21' 19" Location/Directions: From downtown Charlotte, travel north on Interstate 85 to Exit 46B (Mallard Creek Church Road). Travel west on Mallard Creek Church Road for approximately 1.5 miles and turn right onto Mallard Creek Road. Travel for approximately % mile and turn left onto Polk and White Road. The site is located behind the existing houses along the right side of Polk and White Road. ' *PLEASE NOTE: If evaluator and landowner agree that the feature IS a man-made ditch, then use ojthis jinn is not necessary. Also, if in the best professional Judgement of the evaluator, the feature is a man-made ditch and not a modiftad natural stream-this rating system should not be used" Primary Field Indicators: (Circle One Number Per Line) 1. Geomorpholo2y Absent W a Moderate Ills The, A Riffle-Pool Seauence? 0 2 3 ' 2) Is The USDA Texture In Streambed Different From Surrounding Terrain? 0 0 2 3 3) Are Natural Levees Present? R 1 2 3 4) Is The Channel Sinuous? 0 1 ® 3 5) Is There An Active (Or Relic) 4) A =Iyes Present? PRIMARY BIOLOGY INDICATOR POINTS. 5 Secondary Field Indicators: (Circle One Number Per Line) 3) Does Topography Indicate A Natural Drainage Way?_ 0 0.5 in 1.5 ' SECONDARY GEOMORPHOLOGY INDICATOR POINTS: 1.5 II. Hydrology Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter Present In S ambe o 1.5 1 0. 0 ' 2) Is Sediment On Plants (Or Debris) Present? 0 1 1.5 3) Arc Wrack Lines Present? 0 0 5 © 1.5 4) Is Water In Channel And >48 Hrs. Since Last Know Rain? I- NOTE., 1 Di ch Indicated In #9 Abov ® ki This Ste And #5 Below' 0.5 1 1.5 ' 5) Is There Water In Channel During Dry Conditions" Or In Growing eas n ? 0.5 1 1.5 61 Are Hvdric Soils Present In Sides Of Channel( rIn Hca dcut)? Yes 1. No=O SECONDARY HYDROLOGY INDICATOR POINTS: 4 1) Are i Present? 0.5 1 1. 2) Are Amphibians Present? I 0.5 1.5 3) Are iAguaticTurtles Present? 0.5 1 1 4) Are Crayfish Present? 0. 1 1.5 5) Are Macrobenthos Present? 0.5 1 1.5 6 A Iron Oxidizin Bac eria/F n us Present? 0.5 1 1.5 7 I Filamentous 1 ae Present? 0.5 1 1. ' 11) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (* NOTE: If Total Absence Of Al( Plants In Streambed 2 1 0.75 0 0 As Noled Above Skin This Step UNLESS SAY Presenl*). SECONDARY BIOLOGY INDICATOR POINTS: 0.5 , TOTAL POINTS (Primary + Secondarvl= 18 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) (*NOTE: If Bed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0*) 10) Is A 2nd Order Or Greater Channel (As Indicated On Topo MaoAnd/Oc In Field) Present? Yes=3 NAR PRIMARY GEOMORPHOLOGY INDICATOR POINTS: 7 11. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater Flow/Discharge Present? ® 1 2 3 PRIMARY HYDROLOGY INDICATOR POINTS: 0 INTERMITTENT CHANNEL EVALUATION FORM SCPI - Important Intermittent Stream A ACTION ID: APPLICANT NAME Landcraft Properties DATE: 6/6/02 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): N/A WATERBODY/RIVER BASIN: Stony Creek/Yadkin River Basin COUNTY/CITY: Mecklenburg/Charlotte RECENT WEATHER CONDITIONS: 80 degrees and no rain within 48 hours P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present X Benthic Macro Invertebrates X Amphibians Present/Breeding X Algae And/Or Fungus water quality function X Wildlife Channel Use i.e. tracks, feces, shells, others Burrows and raccoon tracks X Federally Protected Species Present Discontinue X Riffle/Pool Structure X Stable Streambanks Vegetated X Channel Substrate i.e. ravel, cobble, rock, coarse sand Coarse sand to cobble X Riparian Canopy Present SP =/> 50% closure Acer rubrum, Liquidambar styracii lua, ercus hellos, Liriodendron tuli i era X Undercut Banks/ In-stream Habitat Structure X Flow In Channel Two-foot average ordinary hi water width X Wetlands Adjacent to/Conti uous with Channel Discontinue X Persistent Pools/Saturated Bottom June thru Sept.) X Se s/Groundwater Discharge June thru Sept.) X Adjacent Flood lain Present X Wrack Material or Drift Lines X H dro h is Vegetation in/adjacent to channel Important To Domestic Water Supply? Y / Does Channel Appear On A Quad Or Soils Map? Y / Determination: Approx. Drainage Area: Approximately 10 Acres ? Perennial Channel (stop) ® Important Channel: 108 LF PROJECT MGR. Initials ® Intermittent Channel (proceed) ? Unimportant Channel: LF ? Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel) ? Ditch Through Upland (no jd) Evaluator's Signature: P--Present SP=Strongly Present NP=Not Present G e ry C. Antemann, PWS INTERMITTENT CHANNEL EVALUATION FORM SCP2 - Unimportant Intermittent Stream A ACTION ID: APPLICANT NAME Landcraft Properties DATE: 6/6/02 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): fill WATERBODY/RIVER BASIN: Stony Creek/Yadkin River Basin COUNTY/CITY: Mecklenburz/Charlotte RECENT WEATHER CONDITIONS: 80 degrees and no rain within 48 hours P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present X Benthic Macro Invertebrates X Amphibians Present/Breeding X Algae And/Or Fungus water quality function X Wildlife Channel Use i.e. tracks, feces shells, others X Federally Protected Species Present Discontinue X Riffle/Pool Structure X Stable Streambanks X Channel Substrate i.e. ravel, cobble, rock, coarse sand Coarse sand to gravel X Riparian Canopy Present SP =/> 50% closure Acer rubrum, Liquidambar styraciJlua, ercus hellos, Liriodendron tuli i era X Undercut Banks/ In-stream Habitat Structure X Flow In Channel One to two-foot average ordinary high water width X Wetlands Adjacent to/Conti ous with Channel Discontinue X Persistent Pools/Saturated Bottom June thru Sept.) X S s/Groundwater Discharge June thru Sept.) X Adjacent Flood lain Present X Wrack Material or Drift Lines X H dro h is Vegetation in/adjacent to channel Important To Domestic Water Supply? Y / Does Channel Appear On A Quad Or Soils Map? Y / Determination: ? Perennial Channel (stop) ® Intermittent Channel (proceed) ? Ephemeral Channel (no jd) ? Ditch Through Upland (no jd) P--Present SP=Strongly Present NP=Not Pr Approx. Drainage Area: Approximately 10 Acres ? Important Channel: LF PROJECT MGR. Initials ® Unimportant Channel: 315 LF (attach map indicating location of important/unimportant channel) Evaluator's Signature:??l?' esent Signature:_ C. Antemann, PWS REQUEST FOR JURISDICTIONAL DETERMINATION DATE: April 30, 2003 COUNTY Mecklenburg County, North Carolina TOTAL ACREAGE OF TRACT 24 acres PROJECT NAME (if applicable) Hattie Meadows Subdivision Project PROPERTY OWNER/APPLICANT (name, address and phone): Landcraft Properties POC: Ms. Lashonda Jones at (704) 332-8284 201 North Tryon Street, Suite 2650 Charlotte, North Carolina 28202 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Carolina Wetland Services, Inc. POC: Gregory C. Antemanm PWS at (704) 527-1177 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( X ) Project in planning stages (Type of project: residential development-) ( ) No specific development planned at present ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following first two items must be forwarded. (X) USGS Site Location Map (Attachment A - Figure 1) (X) NRCS Soil Survey (Attachment A - Figure 2) (X) Wetland Boundary Survey (Attachment A - Figure 3) (X ) Agent Certification of Authorization Form (Attachment B) (X ) Routine On-Site Data Form (Attachment C) (X ) NCDWQ Stream Classification Forms (Attachment D) (X ) USACE Intermittent Channel Evaluation Forms (Attachment E) (X ) Representative Photographs (Attachment G) (X ) Agency Correspondence (Attachment H) (X ) Proposed Site Plan (Attachment I - Figure 4) (X ) Proposed Impacts (Attachment J - Figure 5) (X ) Pre-Construction Notification Application - Nationwide Permit No. 39 (Attachment K) A., C. 041fignature of Property Owner or Authorized Agent Gregory C. Antemann, P.W.S. Hattie NleadoiNs Subdk ision Project April 30, 2003 \ation)Nide Permit No. 39 ,?nnlicatiin Protect No. 2002-0212 T ? a !?- yam'. r/?\i '?! 1q?, AW J ??.?. _/ .? _ ??. ?^ K:+ may. lk? rs .? rL ?:. L x IWO, y'i_ `r?.. ?T` ` j '1P',1r it +?_.f•? .p,!? ?/?-? "!'t .; 4.0 Photograph B. VieNN of Unimportant Intermittent Stream A X K w Photograph A. View of Important Intermittent Stream A M srn? o ' Michael F. Easley, Governor Lisbeth C. Evans, Secretary ' Jeffrey J. Crow, Deputy Secretary North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Division of Historical Resources David J. Olson, Director ' October 29, 2002 George Antemann ' Carolina Weiland Services 5000 Nations Crossing Road Suite 230 Charlott NC 28217 Re: Landcraft Properties, Polk and White Road Site, Charlotte, Mecklenburg County, ER 02-11180 Dear Mr. Antemann: Thank you for your letter of October 7, 2002, concerning the above project. We have conducted a review of the proposed. undertaking and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, ' contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ' avid Brook DB:kgc Location Mailing Address Telephone/Fax Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 (919) 733-4763 9733-8653 Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733-6547 •715-4801 ' Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 2 7699-46 1 8 (919) 733-4763 •715-4801 A L"A" NCDENR North Carolina Department of Environment and Natural Resources ' Division of Parks and Recreation Fill Fi r Michael F. Easley, Governor William G. Ross, Jr., Secretary Philip K. McKnelly, Director October 17, 2002 Mr. Gregory C. Antemann Carolina Wetland Services 5000 Nations Crossing Road, Suite 230 Charlotte, NC 28217 Subject: 24-acre Polk and White Road Development Site; Charlotte, Mecklenburg County CWS Project No. 2002-0212 Dear Mr. Antemann: The Natural Heritage Program has no record of rare species, significant natural communities, or priority natural areas at the site nor within 3/4- mile of the site. You may wish to check the Natural Heritage Program database website at <www.ncsparks.net/nhp/search.html> for a listing of rare plants and animals and significant natural communities in the county and on the topographic quad map. Please do not hesitate to contact me at'-919-715-8687 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program ' HEL/hel ' 1615 Mail Service Center, Raleigh, North Carolina 27699-1615 Phone: 919-733-4181 \ Fax: 919-715-3085 \ Internet: www.ncsparks.net G,.,,•.1 (1...,...+...r., \ n ffFr..,• - . A -- V;_'I-'- - G00 - P.,,"1 -4 \ 100';' P-t r'n--, P-, ty 70 D m --1 -9 m m ty ;7 m 3 Z D n m D 3 N ? CD om N ? r D Z t7 m t:j bd V) H Z r- r D x Q° D V) C7 D m I ?it ?g I I axT xa? m ? A m z o°° ?yo ?co O m y C -u ?zz Q m n I ? ' N -4 -1 ?? O Q O? i m i z 04 b I' 0 o I'I? o 111 11 Q 4 ? Or I r- m Q m v I r ? C 0 0 c m v m c z N n m r Q re 27, pc are ro/rr/raga 1 v v tj 70 D m -1 -9 m m t7 M m 3 Z D n m D 3 rv c/) C) ? CD m N ? r D z T ;7 tj m d z r D 90 D p D m Ell ?g ng: T I G rmm v m O ?00 N :r cO Oy? Dz Q 41 v v 9 00 - N -- - - N ?L_ I ° O ?Nb l ?? S, l l2lb? ,'>, i >c, MAIFIC,LiTTL J v O O I O 0 D C-- 3 O -0 X. o Q ? D CD r+ CD 3 CD CD ?(D p3 ?J o D Q 7 n fi W ?P t O r 9 ?O 3 I ?, p I C ; Z I --- p 0 r'l C Z II V) N ? C7 i o o? -7 O O x ?- -• Q 3- Q r--i- ? CD r-r- `< CD o3 0 CD CD Q Cn (D (D CD Q D o D Q Q -0 D 7 3 0-0 X. o Q Q r+ ? r--1- ?• 3, CD r-? Q D CD < Q o. 3 cD D n b n 11= 0 0 ~O O 0 r m U m I v o Q c ? 3 ? v m CD C Z Cl) n i Z m r YB 27, PG $16 -- 10/11/1966 ' Office Use Only: Form Version April 2001 ' USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than ' leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: N Section 404 Permit ' ? Section 10 Permit N 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 39 ' 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? ' II. Applicant Information 1. Owner/Applicant Information Name: Ms. Lashonda Jones Mailing Address: Landcraft Properties ' 201 North Tryon Street, Suite 2650 Charlotte North Carolina 28202 ' Telephone Number: 704 332-8284 Fax Number: (704) 332-1241 E-mail Address: N/A ' 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be ' attached if the Agent has signatory authority for the owner/applicant.) Name: Gregory C. Antemann, PWS Company Affiliation: Carolina Wetland Services, Inc. ' Mailing Address: 5000 Nations Crossing, Road, Suite 230 Charlotte North Carolina 28217 ' Telephone Number: 704-527-1177 Fax Number: 704-527-1133 E-mail Address: gregg(&carolinawetlandservices.com Page 1 of 7 III. Project Information 1. Name of project: Hattie Meadows Subdivision Project 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 02934219, 02934220, 02934221, 02934244 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Hattie Meadows Directions to site (include road numbers, landmarks, etc.): From downtown Charlotte, travel north on Interstate 85 to Exit 46B (Mallard Creek Church Road). Travel west on Mallard Creek Church Road for approximately 1.5 miles and turn right onto Mallard Creek Road. Travel for approximately 3/4 mile and turn left onto Polk and White Road. The site is located behind the existing houses alon the he right side of Polk and White Road. 5. Site coordinates, if available (UTM or Lat/Long): N350 21' 19" - W80" 46' 12" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The current land use for this project consists of undeveloped forest. ' 7. Property size (acres): Approximately 24 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Stony Creek 9. River Basin: Yadkin River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) C 10. Describe the purpose of the proposed work: The purpose of this project is to develop approximately 24 acres of wooded area into a residential subdivision. This project is intended to provide single-family housing; to an area that is experiencing significant population growth. 11. List the type of equipment to be used to construct the project: Heavy equipment typically used for site grading and pavingwork will be used. 12. Describe the land use in the vicinity of this project: The land use surrounding the project is mainly residential. A golf course is located along the south side of Polk and White Road. Page 2 of 7 IV. Prior Project History There is no previous project history for the site. V. Future Project Plans There are no future project plans for this site. VI. Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts Wetland Impact Located within Distance to Site Number Type of Impact* Area of Impact (acres) 100-year** Floodplain Nearest Stream Type of Wetland*** (indicate on map) es/no (linear feet) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.tzov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact (linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif Stream A Fill 296 if UT to Stony Creek 1-2' Unimportant Intermittent * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tot)ozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 296 linear feet Page 3 of 7 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. N/A Open Water Impact Area of Name Wat Type of Waterbody Site Number Type of Impact* Impact ) (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, ocean, etc. N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A ' Size of watershed draining to pond: N/A Expected pond surface area: N/A ' VII. Impact Justification Avoidance and Minimization ( ) ' Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent ' practicable. Under the Proposed Site Plan, 100% (108 linear feet of portant Intermittent Stream A will be avoided (Attachment J - Figure 5). An additional 19 linear feet of Unimportant Intermittent Stream A and portions of the surrounding forest will also be ' avoided. Forested areas to be avoided are labeled as "COMMON OPEN SPACE" in Figures 4 and 5. Temporary sediment basins will be constructed along both sides of Important Intermittent Stream A to protect downstream waters during construction. These measures will be removed and a riparian zone will be allowed to reestablish after construction is ' complete. VIII. Mitigation ' Based on the limited extent of the impacts to jurisdictional areas, no mitigation is being, proposed at this time. Page 4 of 7 IX. ? X. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at htta:Hh2o.enr.state.nc.us/wry/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to' required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Page 5 of 7 ' Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and ' Water Supply Buffer Requirements), or other (please identify: )? Yes ? No ® If you answered "yes", provide the following information: ' Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total " 'Lone I extends out 30 teet perpendicular trom near bank of channel; Lone 2 extends an additional 20 feet from the edge of Zone 1. ' If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or ' Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0260. ' XI. Stormwater (DWQ Only) ' Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. ' Currently, the site contains no impervious acreage as it is comprised of undeveloped forest. The proposed impervious coverage will total approximately 358,565 square feet, or 26% of the total project area. A forested area, labeled "COMMON OPEN SPACE" in Figures 4 and 5 and ' located between the proposed development and Stony Creek, will be preserved and should provide a buffer to protect Stony Creek and its downstream waters. ' XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of ' wastewater generated from the proposed project, or available capacity of the subject facility. Each home will be connected to the public sanitary sewer system. Page 6 of 7 XIII. Violations (DWQ Only) ' Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No ' Is this an after-the-fact permit application? Yes ? No I XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Construction is scheduled to begin immediately following receipt of the appropriate permits. C. x'-30.03 pplic gent'sgignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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