19980051 Ver 1_COMPLETE FILE_19990123

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Iffl?W'A
XM% MOM
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 2, 1998
Mecklenburg County
DWQProject # 980051
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Richard Hechenbleikner
4530 Park Road
Suite 300
Charlotte NC 28209
Dear Mr. Hechenbleikner.
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 0.73 acres of wetlands or waters for the purpose of developing a residential subdivision at
Shopton Rd./Hwy. 49 Community as you described in your application dated January 23, 1998. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Numbers 3103 and 3108. These certifications allow you to use Nationwide Permit Numbers
14 and 26 when the Corps of Engineers issues them. 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 notifications or similar mechanisms shall be placed in all lots with remaining
jurisdictional wetlands and water to restrict future wetland and/or water impact. These
mechanisms shall be put in place within 30 days of the date of this letter (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 Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
John Domey
Central Files
Len Rindner
4Howard, r. PRE.
980051.Itr
Division of Water Quality • Non-DischargeBranch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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401 ISSUED
Shopton Road/Hwy 49
Residential Community
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 401 CERTIFICA TION CONCURRENCE
Prepared For:

Mr. Richard V. Hechenbleikner
Lat Purser & Associates, Inc.
4530 Park Road, Suite 300
Charlotte, NC 28209
1(704) 519-4200
Prepared BY
LandDesign, Inc.
1701 East Boulevard
Charlotte, NC 28203
(704) 333 - 0325

Leonard S. Rindner,PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
*Subject to verification by the USACE
Date : 1/98

DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE 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.
? ?lC?.'GiC? ??-tPG/7?r? E??e/L.? - C'?rS°.%SSoC
OWNERS NAME:
. M.AILING ADDRESS: SUBDIVISION NAME:

CITY: `dll-X, /c?_ STATE: Z_-P CODE:
'219 zap
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
M_=.ILING ADDRESS ABOVE) :
l ,_ _16'e y J - f 5ee a 7?7 r GHQ 4( rk?
TELEPHONE NUMBER (HOME) : (WORK) : 7?_ ?/? - `f 2 00
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
aS C ,?oV-ei
5. LOCATION OF WORK (PROVIDE A M.?-D, PREFERABLY A COPY OF USGS TOPOGRAPHIC
M?.P OR AERIAL PH?OT9GR. PHY WITH SCALE) :
COUNTY: F?.K fin?/rCr NEAREST TOWN OR CITY: 1

N
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
I//-

6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: CSC 7 CLC.??jGL-
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS--l OR WS-II) ? YES ( ] NO IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES ( ] NO [?-}---
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND 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 ADDIT,IO?NAT PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES l O [ ] IF YES, DESCRIBE ANTICIPATED WORK:
12-
,l
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 6/'7
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LCCATE-D ON PROJECT SITE:
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: • ?? EXCAVATION:
l" .'? tea! t ?r
U5 jLc?cf ?r SS/ r' r ' ?G '
ol rr?.-n ??S5
NTH
FLOODING:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
r 72 LY P S/ri (?( f l ?! ??7 G(GF? l/???
1Ob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)
LENGTH BEFORE: 60 FT AFTER: 6 FT
WIDTH BEFORE (based on normal high water contours) : FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTE1: FT
(2) STRE?`? CHANNEL T_M'PACTS WILL RESULT FROM: (CHECK P?L THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN .CHP.NNEL: f2 C.roS? ??
CHANNEL EXCAVATION: CONSTRUCTION OF A D;uM/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 POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
z_
-Q c.?^ P 41 i'> ?Ci1'l ? ?'/`CI t nt,? r T
J
13. PURPOSE OF PROPOSED WORK:

3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED .
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
r 1 _
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.) Deo ' ez -?/a ?
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: _
c' a ?l Gcam` l d /e-' H C% -() 0" -5-H po
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES ( ] NO Jrt' l r 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 (I NO (I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES ( J 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 [phone].
4
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 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT..
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?

i . IF APPLICABLE, WHAT I? PROPOSED METHOD OF SEWAGE DISPCSA-1 ?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE 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.
OWNER'S/AGENT'S SIGNATURE
t hc?
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
January 15, 1998
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 - NCDEFINR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDEHNR - Division of Water Quality
919 North Main Street
Mooresville, NC 281 15
Re: Shopton Road/Hwy 49 Residential Community - ± 65 Acres. Mecklenburg County, North
Carolina - Nationwide Permit #26, #14
Dear Sirs:
On behalf of my client, Mr. Richard V. Hechenbleikner of Lat Purser & Associates, Inc., I am requesting
confirmation of eligibility to impact +0.73 acres of wetlands and surface water channels (± 60 10 utilizing
NWP #26 and NWP #14. The wetlands include ± 0.67 of upland depression and clay hardpan flat wetlands
and approximately ± 0.06 acres of impacts to wetlands adjacent to an intermittent tributary. The remaining
approximate 3.95 of wetlands and surface waters (±320 10 channels will be preserved and protected from
temporary and future impacts. As depicted on the plan and in this report the developer has taken great care
in minimizing and avoiding large contiguous areas of the wetlands on this site.
All till 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 by utilizing the storm drainage system which will increase their water storage, pollution removal,
bank stabilization, and aquatic life functions.
IM CKGRO UND
The proposed residential development is on approximately 65 acres in southwest Mecklenburg County,
North Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth.
Current land use in the vicinity is single family subdivisions and agricultural land. There are approximately
4.78 acres of jurisdictional surface waters and wetlands on the project site.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Shopton Road/Hwy 49 Residential Community
Page 2, January 15, 1998
SUMMARY-OFJURISDICTIONAL WATERS OF U.S.
Surface Waters Perennial/Intermittent tributary
(±380 If) + 0.05 ac.
Wetlands + 4.73 ac
Approximate Total - Waters of the U.S. + 4.78 ac.
SUMMARY OF IMPACTS
Surface Waters Perennial tributary ± 60 if +-0.01 ac.
(NWP #14)
Wetlands Road Crossing + 0.05 ac.
Wetlands General Site Development (NWP #26) + 0.67 ac
Approximate Total - Waters of the U.S. + 0.73 ac.
Methodology-
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 Chapin). The surveyed map has been used
for planning and for permitting purposes.
General Wetland Classification and Description
The limited wetlands on this site can be describe as Palustrine Forested Broad - Leaved Temporarily
Flooded and Seasonally Flooded. They have formed in perched water table conditions, in flat to nearly level
areas and depressions over an extremely dense clay soil layer often typical of Iredell soils (IrA).
Vegetation
The clay hardpan and upland depression wetland areas are generally forested with mature vegetation and are
dominated by Willow Oak. A grouping of Shumard Oak was found, however these are in an area that is
proposed to be impacted (see mitigation proposal). Understory vegetation include trumpet creeper, sedges,
sphagnum moss, and soft rush. The wetlands associated with the small stream include green ash, sweetgurrred maple, ironwood, and other typical species that tolerate 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.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Shopton Road/Hwy 49 Residential Community
Page 3, January 15, 1998
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is characterized
by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas may have a
predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly pine, with
eastern redcedar. Hardwoods include sweetgum, red maple, red oak, white oak, tulip poplar, hickory, and
other common species. The subcanopy contains saplings and seedlings of canopy species. Pines are not
usually found in these areas because of the low light conditions. 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 List of Plant Species That Occur in
Wetlands: Southeast (Region 2) _ US Department of the Interior, Fish and Wildlife Service.
Hydric Soils
None of the soils are listed as Hydric according to the National List of Hydric oil 1991 They have
formed in perched water table conditions, in flat to nearly level areas and depressions over an extremely
dense clay soil layer often typical of Iredell soils (IrA).
Hydrology
Water Classification - C
The pond, wetlands, and streams are headwaters of Walker Branch and 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, ponding, seeps, and springs
over a dense clayey subsoil.
WETLANDS PERMITTING AND MITIGATION
The subdivision layout minimizes impacts to wetlands and the perennial tributary and intermittent tributaries.
Except for the potential of 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 temporary diversion ditches.
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
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
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Shopton Road/Hwy 49 Residential Community
Page 4, January 15, 1998
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 term 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 COMPENSATORYMITICATION
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 gQa of this plan is to preserve, protect, the extents of the existing wetlands and
streams.
- A minimum 20' undisturbed natural construction buffer consisting of existing woodland along
streams and wetlands will be maintained. The buffer area will be protected by silt fence or other form of
barricade. As depicted on the plan larger buffers are anticipated.
A 40' undisturbed and 30' undisturbed buffer will be provided along the property line adjacent to
the "Walker Branch Swamps" (See attached plans).
- Approximately 32 Shumard Oaks, Swamp White Oaks, Swamp Chestnut Oaks, and Overcup Oaks
will be planted in existing wetland areas to enhance the wetland vegetation in remaining wetland areas to be
preserved to promote vegetation diversity. Trees shall be a minimum 2" caliper and at least 6-8' height.
Homebuilders will be required to submit clearing, sedimentation and erosion control plans, and
wetlands/stream protection plans to the developer for review to confirm compliance with wetland permit
requirements prior to any clearing on lot which include Jurisdictional Waters of the U.S.
Future homeowners will be provided written documentation regarding the restrictions on
development in wetlands.
The developer is considering the development of a community boardwalk walking path through the
wetland areas as an amenity. This should promote a "sense" community ownership of the wetland areas and
promote preservation.
Allowance for the relocation of rare prairie species (see Endangered Species evaluation) to
designated Carolina Prairie preservation and restoration sites in Mecklenburg County.
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
prior to lot sales and/or project construction begins.
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Shopton Road/Hwy 49 Residential Community
Page 5, January 15, 1998
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. Portions of the site are currently in old field succession and secondary succession. Based on soil
types it was determined that this site may be conducive to the presence of Schweinitz's sunflower. The site
was surveyed by Dr. Jim Matthews of HARP Based on their report (attached) Schweinitz's 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.
State Protected Species
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.
Rare Species / Mecklenburg County Natural Heritage Program
An area of the site located on the southwesterrn side of the old field complex adjacent to the woods
contains a significant number of prairie species. The primary species of concern is Prairie dock, Silphium
terebinthinaceum. This is the only site for this species in Mecklenburg County. The developer will cooperate
with the Natural Heritage Program, through an organization such as HARP (Habitat Assessment Restoration
Program) to relocate these and other prairie species that may be impacted by the development.
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. Concurrence with these findings was received from the State Historic Preservation Office and is
attached.
AQUATIC IIA131TAT
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
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Shopton Road/Hwy 49 Residential Community
Page 6, January 15, 1998
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 life
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. Aquatic resources are
expected to be enhanced through the restoration of wetland areas that flood and pond for longer durations.
CONCLUSION
The approximate 65 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.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect #578
cc: Mr. Richard V. Hechenbleikner
Lat Purser & Associates, Inc.
4530 Park Road, Suite 300
Charlotte, NC 28209
1(704) 519-4200
LandDesign, Inc.
1701 East Boulevard
Charlotte, NC 28203
(704) 333 - 0325
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HABITAT
ASSESSMENT AND
RESTORATION
PROGRAM INC.---?-- -
JAMES F. MATTHEWS, Ph.D.
T. LAWRENCE MELLICHAMP, Ph.D.
P.O. Box 655
Newell, NC 28126
[phone]
[phone]
fax: [phone]
December 15, 1997
Leonard S. Rindner
Landscape Architect and Environmental Planner
7113 Hickory Nut Dr.
Raleigh, NC 27613
RE: Shopton Rd. West site for Lat Purser
Dear Len:
We examined the site northeast of the junction of NC 49 South and Shopton Rd.
West on December 12, 1997. Our purpose was to determine if the Federally endangered
Schweinitz's sunflower, Helianthus schweinitzii, was present on the site.
The site has entrances off both NC 49 and Shopton Rd West and is divided into
northern and southern sections by a road running westward from the old nursery to
Shopton Rd. West. The northern section, about 30% of the site, is completely wooded
and contains a significant amount of wetlands, as delineated. The southern section, 70%
of the site is divided almost equally between mature forest and young succession forest.
Reference to the 1990 aerial photographs of the site shows the fields to be cleared and
actively in use.
We searched the margins of the young successional fields, walked out into the
fields and searched the margin of the woods along the road to Shopton Rd. West. Since
the wooded section north of the road does not provide habitat for the sunflower, we did
not search that area, nor the mature forest on the south side of the road, which also
contains significant wetlands, as delineated. We found the early successional woods (old
fields) to be extremely wet, not good habitat for Schweinitz's sunflower. We did not
find any plants of H. schweinitzii, but did find several small subpopulations of the
sunflower, H..strumosus, a common species of this area.
However, there is one unusual botanical area located the southwestern side of the
old field complex, next to the woods. This area contains a significant number of prairie
species, being less wet than the upper parts of the old fields. The primary species of
concern here is Prairie dock, Silphium terebinthinaceum. This is the only site for this
species in Mecklenburg County. Associated species include: Little blue stem,
Habitat Analysis, Endangered Plant Studies, Restoration of Habitats, Wetland Mitigation, Monitoring
p. 2
L. Rindner
15 Dec. 1997
Schizachyrium scoparium; Indian grass, Sorghastrum nutans, Switchgrass, Panicum
virgatum; Plume grass, Erianthus contortus; and Squarrose blazing star, Liatris
.squarrosa, all prairie species. We counted 52 plants of the Prairie dock. If this area is to
be impacted with development, we request that consideration be given to the possible
removal of the Prairie dock for transplanting. This is not easily done, since the rootstock
is often 2-5 inches in diameter and 2-3 feet deep in the ground. They are almost
impossible to dig with a shovel without injuring the plants. Please advise us if further
consideration for this area is needed.
If you have questions regarding this report, please contact us.
Sincerely,
mes F. Matthews
L1
North Carolina Department of Cultural Resources
Jamcs B. Hunt Jr., Governor
Betty Ray McCain, Secretary
December 30, 1997
Richard V. Hechenbleikner
Lat Purser & Associates, Inc.
4530 Park Road, Suite 300
Charlotte NC 28209
Re: Tract of land in southwest Mecklenburg County
off NC 49, ER 98-8187
Dear Mr. Hechenbleikner:
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your letter of December .9, 1997, concerning the above project.
We have conducted a review of the project and are aware of no properties of
architectural, historic, or archaeological significance which would be affected by the
project. Therefore, we have no comment on the project as currently 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, please contact Renee Gledhill-Earley, environmental
review coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB-slw
109 East Joncs Street • Raieikh. North Carofin:a ?760 i _?xn7 Tl?n
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: ?71, ,; f r •, f J ' r `f?^ Date: / 01q -7
Applicant/Owner: County: -1z, G?
Investigator: State:
Do Normal Circumstances exist on the site?
YesNo Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes N_
?` Transect ID:
Is the area a potential Problem Area? Yes C No,,' Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Soecies Stratum Indicator Dominant Plant Species Stratum Indicator

2. 10. I YrvYYI
Jy?
_
/
4.'
J 13c
6. 14.
15.

Percent of Dominant Species that are OBL. FACW or FAC
(
l
i
exc
ud
ng FAC-). v
Remarks: It

Recorded Data (Describe In Remarks): Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge
_ Aerial Photographs Primary In 'cators:
/ Inundated w,;i'4 e ' I %r-C S
_ Other
_ No Recorded Data Available ?turated in Upper 12 Inches
_/Water Marks
_ Drift Lines
iment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary
icators (2 or more required):
Depth of Surface Water: fin.) t
_ Oxidized Root Channels in Upper 12 Inches

Depth to Free Water in Pit: fin.) Water-Stained Leaves
cal Soil Survey Data

De
th
S FAC-Neutral Test
p
to
aturated Soil: \ I !i Gn.) _ Other (Explain in Remarks)
Remarks:

AL_
WTI, 1995 -196-
SOILS

Map Unit Name i
J
(S
i
d Ph
re
I I
Y) LI?SI
u
-
er
es an
ase): Drainage Class
Taxonomy (Subgroup): Feld Observations
Confirm Mapped Type Yes to
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions

(inches) Horizon (Munsell Moist) ,
(Munsell Moistl AbundancefConrrzst Structure, etc.

14-
v
Hydric Soil Indicators:
_ Histosol no cretions
_ 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
a ed or Low-Chr
C
l _ Listed on National Hydric Soils List
oma
o
ors _ Other (Explain in Remarks)
Remarks: tS CG<. -bY \,

_ ?
r
10 h.

y
112 I
,
2?= ??? Zj -? I I
WETLAND DETERMINATION
Hydrophytic Vegetation Present? P-.-VY No (Circle) (Circle)
Wetland Hydrology Present?o
Hydric Soils Present! Yes No Is this Sampling Point Within a Wetland? ' Yes o
Remarks:
-197- VVTI, 1995
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Lt./ Date: °r
APPlicant/Owner:
?-::.;? ?
County.

Investigator: _
State: 14 d?
Do Normal Circumstances exist on the site? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes (jja? Transect ID:
Is the area a potential Problem Area? Yes Imo Plot ID:
(If needed, explain on reverse.)
T
/-r/2/60 / - (,? ell G-,Y:7' CA-1 'AG, d/li x
VE=GETATION
Dominant Plant S ecies Stratum Indicator Dominant Plant Species- Stratum Indicator

3. <J?iCU Ile)
S
?C C?
11.

5. _/ -G "- W 13.

7. i < e)'4' -7- G t? 15.
16.
Percent of Dominant Species that are OBL. FACW or FAC }? d
(excluding FAC-).
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: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: (in.) _ Local Soil Survey Data

D
h
S
2 _ FAC•Neutral Test
ept
to
aturated Soil:
(in.) _ Other (Explain in Remarks)
Remarks:
WTI, 1995 -196-
?Z-
SOILS
Map Unit Name
(Series and Pha
)
??
se
: G IG ?"!C
Drainage Class:

Taxonomy (Subgroup): Field Observations
Confirm Mapped Type? Y No
Profile Description:
Depth Matrix Color Mottle Colors Muffle Texture, Concretions
,
l Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
chhas
iin
nn
__

Hydric Soil Indicators-
_ Histosol Concretions
_
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
- Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils Ust
- Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:

WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Yea V??.0.0 C ircle)
YYea Is this Sampling Point Within a Wedand?
(Circle)
Ye,
Remarks:
proved
-197- ",1995
DATA FORM
ROUTINE WETLAND DETERMINATION y
(1987 COE Wetlands Delineation Manual) /
i q
Project/Site: `r;,y r r-? ?;f y I
Date: /a 7
Applicant/Owner: /Z„?.> County??
Investigator: State: ?L
Do Normal Circumstances exist on the site? (ies- No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes to Plot ID:
(If needed, explain on reverse.)
. ?.?. , A A"O
VFGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Soecies Stratum Indicator

3. A
4
.
12.
5. 13.
6. •??(? C ??? 14.

16.
Percent of Dominant species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
_ Other
_ No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_undated
_Sgturated in Upper 12 Inches
?W?ter Marks
Drift Lines

Field Observations: ??timant Deposits
Dnage Pattems in Wetlands

Depth of Surface Water: SecondaIcators (2 or more required):
(in.) Oxidized Root Channels in Upper 12 Inches

Depth to Free Water in Pit: r fin.) _ Water-Stained Leaves
Local Soil Survey Data

Depth to Saturated Soil: (in.) FAC•Neutral Test
_ Other (Explain in Remarks)
Remarks:
WTI, 1995 -196-
-2
SOILS
Map Unit Name `/
(Series and Phase): ^ --

?
Drainage Class:

Taxonomy (Subgroup): Feld Observations
Confirm Mapped Type? Ye No
Profile Descriotion:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Conrrzst Structure. etc.
b -3 _ _ ?/'Z -? I v Y? W rn W-0 n v
a

Hydric Soil Indicators:
_ Histosol ?Concretions
_ Histic Epipedon _
_ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
-. Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Re tng Conditions _ Listed on National Hydric Soils List
(eyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yas_ No (Circle) (Circle)
Wetland Hydrology Present? es No
Hydric Soils Present? ea No Is this Sampling Point Within a Wetiandt Ye No
Remarks:
pproved by
-197- WTI, 1995