19981256 Ver 1_COMPLETE FILE_19990129

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
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 8, 1999
Lincoln County
DWQ Project # 981256
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ms. Susan Foster
Cresent Resources, Inc.
400 S. Tryon St.
Suite 1300
Charlotte, NC 28201
Dear Ms. Foster:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.19 acres
of wetlands and 300 feet of streams for the purpose of constructing the Sailview subdivision at Lake Norman, as you described in
your application dated December 29, 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 it. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Water shed 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 the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (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 on all lots with remaining jurisdictional wetlands
and waters to notify the state in order to assure compliance for future wetland and/or water impact. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit
(whichever is later).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Winston-Salem DWQ Regional Office
John Dorney
Central Files
Len Rindner
981256.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Sailview
Project Number 98 1256
Recvd From APP
County Lincoln
County2
Region Mooresville
Received Date 12/29/98 Recvd By Region
Project Type residential
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type_ Type Impact Score Index Prim. Supp. Basin Req. Req.
14 F_ O Y O N F__ 11-(75) WSIV CA 30,632.- F- 100,00
26 F__ O Y ? ? ?I F - f F ='00.(
??OY .7.7 _F F_F?
Mitigation Wetland
MitigationType -,.Type : f Acres `.` Feet
Is Wetland Rating Sheet Attached? O Y 8,N, Did you request more info? O Y . (§N
Have Project,Changes/Conditions Been Discussed With Applicant? Q Y - O N
Is Mitigation required? O Y (ON ..Recommendation':'..(* Issue O Issue/Cond O Deny
Provided by Region: • Latitude;(ddtnmss) 353130 Longitude (ddmmss) 805810
Comments: "_ ._..__. __..
981256
ew
Catawba 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 CERTIFICATION CONCURRENCE
Prepared For:
Ms. Susan Foster
Crescent Resources, Incorporated
400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Prepared By:
Yarbrough - Williams & Associates, Inc.
Planning-Surveying-Engineering
730 Windsor Oak Court
Charlotte, N.C. 28273
[phone]

Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
December 24, 1998

DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 2?
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TEE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAM7: ?GS?-GY?'? ge_6O,I rcxS Ir%L& r" pova4--c
2. MAILING ADDRESS: .4ioe7 SaJ"?"h t ry on S 7 ?C?-'? S?? ?-? lava
j, SUBDIVISION NAME:
CITY: 0_4el°+?` STATE: ZIP CODE: ?A
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE)
:
/
Get 4? Y iew t ?-t-la.6J /
lea y"-+-1 S "e- 4:51-
us C? c?
MU
TELEPHONE NUMBER (HOME) :
3 (WORK) : 70 'f - ? SZ- 5 o0
.
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
MS SoSar tv-S ?-?•/
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOG PHY WITH SCALE):
?`/{-?
COUNTY : ?-,+ -?ta- NEAREST TOWN OR CITY:
1

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
wee. 4A. m
6. IMPACTED OR NEAREST STREAM/RIVER: 1-40VW%rA^ "( ? J
RIVER BASIN: C a4 a, -x- j 6e'
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II). YES [ ]
7b. IS THE PROJECT LOCP_TED 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 ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [?IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: -r d+O 0 I?-Lr
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
-t 3 . saf
2
t ? 'a
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: '2J W? EXCAVATION:
FLOODING: OTHER:
DRAINAGE:
O L' QC.?'t t
TOTAL ACRES TO BE IMPACTED:
,I ?t . . 1-q acv-e' 15O I C-4ZA pord
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)
OZ? FT AFTER: 6 FT
LENGTH BEFORE:
3 S.G?G.fa? cfvsS (? S FT
WIDTH BEFORE (based on normal high water contours):
FT
WIDTH AFTER:
FT AFTER: FT
AVERAGE DEPTH BEFORE:
(2) STREAM. CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
t
/
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAW 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) :
13. PURPOSE OF PROPOSED WORK:
r
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):
AS t c,-ft-off tr a. jG?S ?'
-A c
4PIP1If ( , S26 nSS 4
,nv?nrvto?? v
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 L
FROM THESE AGENCIES.)S&x, waS Svvvojx?d- ?WGtI I"CG?/77f.??r 4?°??Xtt?^f
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:
J?j1n,? zdE. °v/97 40 sw-po
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO 4-(IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL,
POLICY ACT?
YES [ ] NO [ J
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES (I 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
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?
G l? ,. rj ?4.???S'"' V rd C?L(?y>-call (?C/c? ?7dC
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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.
0 ER'S/AGE,N?!T'?S SIGNATURE DATE
S?sw.. /
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
1
y'.
t _, IL-
LEONARD S. RINDNE& PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
December 24, 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
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Sailview - ± 400 Acres. Catawba County. North Carolina - Nationwide Permits # 14.26
Dear Sirs:
On behalf of my client, Ms. Susan Foster of Crescent Resources, Inc., I am requesting confirmation of
eligibility to impact ± 3001f of streams utilizing NWP #26 and NWP #14 for 3 separate road crossings and
drained and fill a small 0.19 acre isolated pond in degraded condition. As depicted on this sensitively planned
project over 94% of the streams and wetlands are not proposed to be impacted. The surface waters include
± 4200 if of streams, and + 3.00 acres of wetlands and ponds. Except for road crossings and the pond there
are no other expected impacts to jurisdictional waters of the U.S. on this project site. All fill material will be
unpolluted and appropriate measures to control sedimentation and erosion will be employed. Wetlands and
streams which will not be disturbed will be protected during construction from damage due to construction
traffic, drainage and other forms of disturbance. The remaining streams and wetlands will be protected by
restrictive covenants and the hydrology to the remaining wetlands and streams will be maintained and
enhanced by utilizing the storm drainage system which will increase their water storage, pollution removal,
bank stabilization, and aquatic life functions.
BACKGROUND
The proposed residential development is on approximately 400 acres in Catawba County, North Carolina.
Catawba County is experiencing rapid economic and population growth in the Charlotte/Mecklenburg
County vicinity. Current land use in the vicinity is single family subdivisions and former agricultural land.
Most of the woodland areas including wetland areas were clear-cut in the recent past and are in various
stages of early to secondary succession.
Wetland Delineation 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.
e w
Mr. Steve Chapin - USACE, Mr. John R. Domey
Page 2, December 24, 1998
Request for NWP 14, 26
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 delineation has been used for planning and for permitting purposes.
General Wetland Classification and Description
The wetlands on this site can be describe as Palustrine Forested Broad - Leaved Temporarily Flooded and
Seasonally Flooded, Palustrine Scrub Shrub Temporarily Flooded and Seasonally Flooded. They have
formed in perched water table conditions, in flat to nearly level areas and depressions.
Vegetation
A majority of the site is in a forested state in various stages of old field succession. The wetland areas are
generally forested. Species which occur in these areas include Green Ash, Sweetgum, Red 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. 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,
beech, red oak, white oak, tulip poplar, hickory, and other common species. The subcanopy contains
saplings and seedlings of canopy species. Other subcanopy species include black cherry, American holly,
dogwood, elm, and privet. Woody vines common in the understory include poison ivy, muscadine grape,
honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wetlands: Southeast (Re 'oga n 21- US Department of the Interior, Fish and Wildlife Service.
Hydric Soils
Wetland areas were found in inclusions within Chewacla loam (ChA). Worsham fine sandy loam (WoA) was
also found. Chewacla may have hydric inclusions and Worsham is listed as a soil type with hydric soils as a
major component according to the Natural Resource Conservation Service, Technical Guide-Section II-A-2,
June 1991.
Hydrology
Water Classification - WS IV
The wetlands, and streams are within Catawba River Basin and currently classified a Class WS-IV - waters
protected as water supplies which are generally in moderately to highly -developed watersheds. Wetland
hydrology is provided by a surface runoff, overbank flooding and ponding, seeps, and springs over a clayey
subsoil.
J6 A
Mr. Steve Chapin - USACE, Mr. John R. Dorney
Page 3, December 24, 1998
Request for NWP 14, 26
SUMMARY OF JURISDICTIONAL WATERS OF U .S.
Surface Waters Perennial/Intermittent tributaries (+ 4,200 If) + 0.60 ac.
Pond
± 0.19 ac.
Wetlands + 2.80 ac.
Approximate Total - Waters of the U.S. ± 3.59 ac.
WETLANDS PERMITTING AND MITIGATION
As depicted on the subdivision and golf course layout substantially avoids and minimizes impacts to streams
and wetlands. Except for temporary construction and development impacts, the proposed project should not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S.
SUMMARY OF IMPACTS FROM NWP #26 and NWP #14
Surface Waters Streams + 3001f + 0.04 ac.
(100 If /NWP #14 for one crossing)
(2006rI NWP #26 (2 separate crossings)
Pond
± 0.19 ac.
Approximate Total - Waters of the U.S. NWP 26 & 14 ± 0.23 ac.
Avoidance. Minimization. and Mitigation
The following avoidance and minimization efforts and measures will also be taken:
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
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 dal age
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.
1
Mr. Steve Chapin - USACE, Mr. John R. Dorney
Page 4, December 24, 1998
Request for NWP 14, 26
PROPOSED COMPENSATORY MITIGATION
The goal of the site plan was to preserve, protect, the extents of the existing wetlands and streams to the
extent possible. Through sensitive design and consideration of environmental factors over 94% of the
jurisdictional waters on this site will not be impacted. As depicted on the attached plans streams and
wetlands have been incorporated into the overall site plan. Minimization and mitigation measures include:
1) Avoidance by design
2) Common open space utilized to protect headwaters and springs
3) Maintaining a forested buffers along all streams
4) Employment of strict erosion and sediment control procedures will be specified to avoid impacts to
water quality.
5) The preserved streams and wetlands will be protected from future impacts by the applicant or by a
group designated by the applicant for this purpose. Development of these areas will be deed
restricted in accordance with restrictive covenants which will be developed for approval by the
USACE and/or NCDWQ.
THREATENED AND 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 Dwarf-Flowered heartleaf
as endangered. The site was surveyed by Dr. Jim Matthews of Habitat Assessment Restoration Program.
Based. on their renort this heard of was not -resent.
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.
AQUATIC HARITAT
The aquatic systems in the project area consist of headwater wetlands, intermittent tributaries, and ponds. A
variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control plan
will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. Short term construction impacts, primarily stream
sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to promote
rapid recovery. Project construction will strictly adhere to an approved sedimentation and erosion control
plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic 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.
i-
Mr. Steve Chapin - USACE, Mr. John R Dorsey
Page 5, December 24, 1998
Request for NWP 14, 26
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 from the State Historic Preservation Office was obtained.
CONCLUSION
The approximate 400 acre residential community has been designed to avoid and minimize impacts to
surface waters and wetlands to the greatest extent feasible through sensitive site planning. Several design
meetings were held on site and at the drawing table to incorporate the lots and roads into the existing site
conditions including streams and wetlands. Best Management Practices will be utilized to prevent temporary
additional disturbances to the extent possible. With these avoidance efforts and minimization measures
impacts to jurisdictional waters from this project should be minimal.
We look forward to your comments regarding the design, and would be happy to review the project with
you in your office or at the site. 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: Ms. Susan Foster
Crescent Resources, Incorporated
400 South Tryon Street, Suite 1300
Charlotte, NC 28201
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LEONARD S RINDNER -
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
April 26, 1997
Ms. Susan Foster
Crescent Resources, Inc.
400 South Tryon Street, Suite 1300
Charlotte, NC 28201
Re: Approximate Wetland Mapping at Lakeside Point Lincoln County North Carolina
Dear Susan:
At your request I visited the potential project site on April 16, 1997 to confirm the presence of wetland
areas that would require permitting if they are impacted by development. An area is determined to be a
wetland when it exhibits Hydric Soil, Hydrophytic Vegetation, and Wetland Hydrology characteristics.
These characteristics are required to be in accordance with the definitions in the U.S. Army Corps Wetland
Delineation Manual, 1987. Areas which exhibit these three characteristics are identified as a wetland and
permits may be required for development activities within these areas. Surface waters such as perennial and
intermittent creeks, and lakes are also subject to Section 404 and Section 401 of the Clean Water Act.
mmary of Findin
The attached plan indicates the approximate location of the vegetated wetlands on the project site. Many of
these extend well into the lake boundary. Wetlands that are associated with Lake Norman will be considered
below headwaters and those associated with the tributaries are headwaters. The wetlands include marsh
areas, scrub shrub wetland areas, and bottomland and headwaters forest areas. Most of the headwater
forests on the site begin as springs and seeps. The marsh, scrub/shrub, and bottomland areas tend to occur in
the delta areas near the lake. There are several long wetland fringe areas along the lake edge that are
dominated by buttonbush and these generally occur in more stable shoreline areas. Some of these areas are
indicated on the map where reviewed in this preliminary study.
The wetlands on this site will be found to be of high value regarding water storage, pollution removal, bank
stabilization, aquatic life, and wildlife resources utilizing Guidance for Rating the Values of Wetlands in
North Carolina - Fourth Version.
Permitting Issues
The Jurisdictional Waters found that are "headwaters" could qualify for use under a Nationwide
Permit 926, if approved. Based on current regulations a "Notification" application to the U. S. Army Corps
of Engineers (USACE) and/or the NCDEHNR Division of Water Quality (NCDWQ) to utilize this permit is
required for impacts to jurisdictional headwaters of 1/3 acre (not applicable to this site) and/or impacts to
150 LF of surface waters. Notification of impacts of less than 1/3 acre must be made to the USACE within
30 days of the impact. Total project impacts involving more than 3 acres (not applicable to this project) or
more than 500 LF of surface waters are not eligible for NWP #26. Minimization and mitigation measures
may be required. Nationwide Permit #18 - minor discharges to 1/10 of an acre; Nationwide Permit #14 -
road crossings; and Nationwide Permit #12 - utility crossings could also be applicable. Total impacts from
the use of the various Nationwide Permits are now calculated cumulatively and may not exceed the
Nationwide Permit #26 thresholds for the entire project.
1e , W
Ms. Susan Foster
Lakeside Pointe
April 26, 1997, Page 2
An Individual Permit will be required for impacts that are not eligible for the Nationwide Permits.
This includes impacts to wetlands which are below headwaters. Projects that require Individual Permits are
those which in the opinion of the review agencies may have a significant impact on Waters of the U. S. due to
their size, location, or other factors. Also the USACE may use Discretionary Authority to elevate any NWP
to Individual Permit status if the District Engineer determines that issuance of a NWP may have more than
minimal impact. By a Memorandum of Agreement, the EPA and the USACE requires a strict mitigation
sequence (no practicable alternative [avoidance], minimization, and compensatory mitigation, be followed
for all Individual Permits. It is generally understood that obtaining an Individual Permit may be difficult.
Establishing that there are no practicable alternatives is the most important part and most difficult in the
evaluation process. There is also Public Notice and adjacent riparian property owners would be notified.
Generally, the Individual Permit Process takes several months or more. As with Nationwide Permits, a 401
Water Quality Certification from the state is required to have a valid permit from the USACE. The State
Historic Preservation Office, U.S. Fish and Wildlife Service, and other agencies may be notified if an
application is necessary and more information regarding cultural resources and protected species may be
necessary. Mitigation ratios for impacts which exceed 1 acre could be extensive based on state requirements
on Nationwide Permit's and comments on Individual Permits applications. Impacts to streams are also likely
to require mitigation.
Because of the quality and location of the wetlands on this site, the USACE, NCDWQ, and
probably other agencies including the USFWS and the NCWRC are likely to object to anything more than
the minimum allowances. Based on recent experience on other projects involving Lake Norman the USACE
will also likely object to dredging of shallow areas and removal of shoreline wetland areas.
Recommendations
While it may be possible to obtain permits for the some areas that would require impacts, the
process could be intensive. It may be better where possible to modify the plans to reduce some of the most
problematic areas.
A wetland delineation would also more clearly define the wetland extents.
The locations of the streams and wetlands could have an impact on the placement of utilities.
It also would be purposeful to identify depths of the water in the coves. This will potentially help in
negotiating areas that could be dredged.
If avoidance is not possible, a review of schematics indicating minimization and mitigation measures
should be presented to the USACE and NCDWQ for review and direction. It will be necessary to prove that
avoidance is not practicable.
Please let me know if you have any questions. Let me know if you are interested in reviewing or visiting
these areas on the site.
Thanks.
er y
o d .Z.ndner, Environmental Planning Consultant