19990672 Ver 1_COMPLETE FILE_19990618

t _; Wi
Cady Lake Property
Single Family Neighborhood
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 CERTIFICATION CONCURREA
Prepared For:
Pulte Home Corporation
7422 Carmel Executive Park, Suite 300
Charlotte, NC 28226
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone].
TASK Design Group; PA.
Landscape Architecture - Land Planning
2108 South Boulevard, Suite 100
Charlotte, N.C. 28203
[phone]
PAYMENT
RECEIVEa
a
co
Vill-

*Subject to verification by the USACE & NCDWQ
Date : 6199
s
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : _LAt,
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 Mr1NIAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: { l f`e- HC%Wlc clorh6,rir;"f I Gi_?
2. MAILING ADDRESS : ZrZr rM-e- v' ?'G lC?°+? c -C'. -???
SUBDIVISION NA2^7:
C_TY: F?CZr' Ir%Tlta> STATE. NCI
f
ZIP CODE: J-b?1_(
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION N???E (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORE) : 1_-7 01f-ga-1-t 3a Ifat2Z
4. IF APPLICABLE.: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
rv ce
S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERI`A? PHOT GRllPHY WITH SCALE) t
?r Po
COUNTY : r? F{ ck' 4-toy ` u ? NEAREST TOWN OR CITY:
1
? a
G?SPECIFIIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : t ow\ .?kbv F"s? kl-ee r" ll?'-i4-AxIL
-- -ems a:
6. IMPACTED OR NEAREST STREAM/RIVER:
- Ca
RIVER BASIN:
???'?
IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
5=;, HIGH QUALITY WA=ERS (HQW), OUTST:ND NG RESOURCE WATERS (ORW), WATER
SPLY (WS-I OR WS-7 , ? YES [ ] NO IF YES, EX PLAIN:
-... IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA D7 ISION OF COASTA1
yT_=_+AG EM ENT ARE: OF EDi IRONzENT=sL CONCERTI (AEC) ? YES NO [ ry
/c. IF THE PROJECT IS LOCATED WITHIN __ COASTAL COUNTY (SEE PAGE i FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Sa. HAVE ANY SECTION 404 PERMLITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO IF YES, PROVIDE ACTION I.D. NUMBER OF
PRET7IOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CE R'_^IFICATION) .
--. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
F"'TURE? YES [ 1 NO IF YES, DESCRIBE ANTICIPATED WORK:
°a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
°L. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
re'G
ii 6 `` Y
I

10a. NUMBER OF ACRES O]
e dLf AA V-" r 4 E'-J-
FILLING :.a!?-L° k we -p u,
OZ NWP44 2(0
FLOODIN "`?31
WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
We-+l -AS
f?CcrS EXCAVATION:
5-Jr?x ?S'
p?OTHER:
DRAINAGE : TOTAL ACRES TO BE IMPACTED :
•.)P,lp6ryj E? -j-- l D. 0c, ,dot Leh
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE p STANCE OTY BEFORE AND AFTER RELOCATION)
LENGTH BEFORE: 1;t? ( i rmyrv,-+a,-4' FT AFTER : -t--l9-0 I? ^ re- 11-c-1 h ter. FT
WIDTH BEFORE (based on normal high water contours): FT
6? vr.? rv.w r ?r?-?"
WIDTH AFTER:' FT
AVERAGE DEPTH BEFORE: ?s?- 3 1 rMC?? 'w4'- T AFTER: ` Zj- I ,y?e?ccr? 4r"?- FT
(2) STREAM CHANNEL IMPACTS WIT _L RESULT FROM: (CHECK ALL TH APPLY)
OPEN CHANNEL RELOCATION: ?m?ri?r 4't? PLACEMENT OF 2-,:"E IN CHANN'
CHANNEL EXCAVA TIOON : r CONSTRUCTION OF A DAIS/FLOODING :
OTHER: 811,,,, ,?-f`z"4 - "o 5f° CZ5/x' eJ4? dtea-
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? t- --l
W'raT IS THE EXPECTED POND SURFACE AREA?. 1-k/^
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 3 1/2" X 11" DRAWINGS
ONLY) :
{-l
4

' 3 1 .O
13. PURPOSE OF PROPOSED WORK:

3

ar
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
m01 river 4? 1+ VJ< i 5
FILLING : a NW P -P U, We-m ,05 EXCAVATION :
rivgP 0 1-f C6+rd-l rek5
ec3z t4 w P 4 2E, :fgWea??'X S
FLOODING -t P`N ? ?kU- PO--A* /OTHER
DRAINAGE : TOTAL ACRES TO BE IMPACTED :
P6r-t4 k15 i' (c,. as
1Ob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE SEANCE 430Tf BEFORE AND AFTER RELOCATION)
LENGTH BEFORE: (`? ?? i ??•^" FT AFTER: 6 o C re- 1,-u h FT
WIDTH BEFORE (based on normal high water contours): t : FT
WIDTH AFTER:
a tJ r'-uL?.4,r??o??r?•?f"
- r {

AVERAGE DEPTH BEFORE: fn?po AFTER :
Cl ,
Z?? 7 f rYSf%ardrt ?.' FT
(2) STRE: i-M CHANNEL IMPACTS WILL R°_QULT FROM: (CHECK ALL - -7 " APPLY)
OPEN CHANNEL RELOCATION: Dm?-'kr4-y PLACEMENT OF P=PE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DLM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRA4-KING TO THE POND? 1-41A
WF T IS THE EXPECTED POND SURFACE AREA?. 1/
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:
"???'?- ? U t?F/ ?(ti?. ' I ?-G? ?. C ?-?-a € ? .•j-? Cf - ? c??c-C.??.- ' ?? r?,
3
I _ _Y
_6. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVl?
, SIRS) AND/OR NATION.Pmi MARINE FISHER-ES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THRE?.TENED SPECIES OR CRITIC: HABITAT
THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
RCM THESE AGE' . ) CJ ? v,.? enlG? Lj n4e't 4a ?
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 M.?`_' 3E AFFECTED BY THE PROPCSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [' NO [! (1-7 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 [ 1 NO [ j
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLE?.R=NGHOUSE?
YES [I NO [ 1
_F 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
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) :
I,^ € t e _
2
d
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 SINE,
d. ATTACH A COPY OF THE STORMWATER MIANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
('?Zr"S 1 A WDCd' (

i. IF A_PLICABLE, WHAT IS PROPOSED METHOD OF SE-,7."-GE DISPCSA.L?
g. SIGNED AND DATED AGENT AUTHORIZATION LETT='R, __ 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 T:?- TWENTY COASTAL COUNT= r'S ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
COWNE S/A r,NT'S TGNATURE
? 44-iq
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
LE©NAW S. RINDNER.PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews; NC 28105
Land Planning Tele: [phone]
Fax [phone]
June 12, 1999
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 - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Cady Lake + 100 Acres, Mecyt enburg Cgunin North Carolina - Nationwide Permit #26. #14. #3
Dear Sirs:
On behalf of my client, Pulte Homes Corporation, I am requesting your review of this sensitively designed
project. Great efforts during the planning process have been made to avoid and minimize impacts to the 14
acres of wetlands, lakes, and streams on the project site. A strong effort will be made to carefully preserve
where feasible the mature forest areas and specimen trees within lots. We are requesting confirmation of
eligibility to fill a ±0.57, acres of wetlands and ditches (now wetlands); ± 0.35 acres of an existing 10 acre
pond; fill ± 901f of unimportant stream channel; relocate ± 1501f of important channel utilizing 1P::#2,6;
and-erms°approxdmately ' ' 04'acres of-wetland/ditch channel-and-40.1f of unimportant-:channel-below the pond-,
dam_ utilizing (NW-P414). The pond dam is overgrown with vegetation and is intended to be repaired
utilizing Nationwide Permit 43 to meet current dam standards. Over 94% of the jurisdictional. waters and
wetlands will be preserved and incorporated into the development as natural amenities, common
open space, and buffers. Remaining wetlands, pond and streams will be buffered by undisturbed natural
areas as depicted on the plans and by a minimum 20' construction buffer protected by silt fence in areas
adjacent to construction zones. The littoral zone along the edge of Cady Lake will be expanded by 1/4 to 1/3
acre to mitigate for wetland impacts over 1/3 acre. All fill material will be unpolluted and appropriate
measures to control sedimentation and erosion will be employed. Wetlands which will not be disturbed will
be protected during construction from damage due to construction traffic, drainage and other forms of
disturbance. Large areas of contiguous wetlands be preserved and remain undisturbed. As required the
preserved wetlands and streams will be protected by restrictive covenants and the hydrology will be
maintained and enhanced by utilizing the stormdrainage system which will increase their water storage,
pollution removal, bank stabilization, and aquatic life value.
Background
The project site is located in rapidly developing south Mecklenburg County, NC. The site is currently zoned
for a single family development. Current land use in the vicinity is developing single family subdivisions.
There are approximately 14 acres of jurisdictional surface waters and wetlands on the project site. There are
approximately 2,2001f (includes Flat Branch) of streams on the site. Cady Lake and fringe are approximately
10 acres. The approximate 4 acres of wetlands are diverse and include riparian wetland areas adjacent to
streams and clay hardpan flats and depressions. The following sections present the results of the
environmental planning reviews of the project site and a description of the impacts and proposed
minimization and mitigation measures.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 3, June 12, 1999
SUMMARY OF WATERS OF THE U.S.
Mahodoloev
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.
General Wetland Classification and Description
The wetlands on this site can be describe as Palustrine Forested Broad - Leaved and Scrub/Sbrub
Temporarily Flooded and Seasonally Flooded and Palustrine Emergent Seasonally Flooded. The site is
within a drainage area of unnamed headwater tributaries of Fiat Branch (Water Classification - Q. The
majority of the site is flat to slightly sloping former agricultural land and woodland.
Vegetation
The forested headwater wetland areas are dominated by Facultative Wet and Facultative species. Trees
include green ash, alder, red maple, sweetgum, sycamore, willow oak, hornbeam. Understory and
herbaceous strata includes silky dogwood, alder, spicebush, smilax, microstegium, sedges, soft rush, poison
ivy. Where the soils are more saturated Obligate species such as black willow are present.
Ivdrir
. Soils
The site includes Monacan and Iredell soils. These soils are map units which may have inclusions of hydric
soils according to the Soil Conservation Service (now Natural Resource Conservation Service), Technical
Guide-Section 11-A-2, June 1991.
HXAQ M
The wetland areas on this site are the result of a surface runoff, and a high seasonal water table over a clayey
subsoil.
Surface Waters Intermittent and Perennial tributaries - important
(+ 2000 If ) ± 0.40 acres
Intermittent and Perennial tributaries
(± 140 if ± 0.01 acres
Cady Lame and fringe ±10.00 acres
Wetlands Forested Wetlands ± 4.00 acres
Approximate Total - Waters of the U.S. ±14.40 acres
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Page 4, June 12, 1999
SUMMARY QF AWPACM
NWP #I4 0 Crossing) Int/Perennial tributaries (-F-40 unimportant) ± 0.005 ac.
Wetlands/Ditches ± 0.04 ac.
Total - NWP #14 ±0.045 ac.
NWP #26 Relocate Intermittent tributaries (+1501f) ±0.015 ac.
Intermittent tributary (± 1001f unimportant) ± 0.005 ac.
Wetlands ± 0.57 ac.
Pond 0.35 ac.
Total - NWP #26 ±-0.94 ac.
Summary of NWP 26 a0d NWP 114 impacts
Teal Wetland Impacts - + 0.61 acres
Total Pond Impacts - +0,35 acrd
Total Stream Impacts + 150 If "important": 140 if "unimportant" (0.025 acres)
Approximately 94 % of wetlands, streams, and ponds are preserved 2 ?10
WETLANDS PERMITTING AND MITIGATION
Preliminary planning for the project involved site analysis and consideration of environmental, economic and
regulatory issues. Topography, natural features and systems, circulation, site organization, open space,
development requirements, and environmental issues were considerations in designing the overall plan. The
plan and commitments made in this report reflect a positive response to the preliminary discussions,
determinations, and concerns of the regulatory agencies. Except for temporary construction and
development impacts, we believe that the proposed project will not cause significant impacts to the
ecological functions or values of Jurisdictional Waters of the U. S.
Avoidance. Minimimlion, and Mitigation
Best Management Practices will be employed to minirnize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Diversion Bitches
b) Barricades to define construction.limits to sensitive sites and to protect important vegetation
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
to wetlands. The contractors will be held responsible for unauthorized wetland damage not
permitted according to plans and specifications.
g) 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
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Page 5, June 12, 1999
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
h) 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.
A mitigation plan is proposed for a "no net loss" of wetland, stream, and surface water habitat, value, and
function to the extent feasible on this site. The &9d of this plan is to preserve, protect and the extents of the
existing wetlands and streams to be saved through enhancement by the use of protective buffers. Existing
wetlands and streams to be preserved will be protected and enhanced with a minimum 20' wide
construction buffer barricaded with silt fence in areas adjacent to construction. Buffers are expected
to exceed this width in most locations. Natural buffers are expected to be retained along Cady Lake
adjacent to the property line and along Flat Branch. Areas within the buffers which may be cleared
due to grading requirements will be revegetated to the following standards which are derived from
Mecklenburg County/City of Charlotte Watershed Buffer Guidelines - May 11, 1994. Within these
guidelines, they discuss the value of establishing and maintaining a natural, forested, low maintenance
ecosystem in reducing the volume of runoff, and thereby reduce erosion and pollutants (such as nutrients)
coming from an area of more intensive land use (such as lawns and landscaping) to a water body. The
reduction of erosion and pollutants occurs through natural mechanisms such as deposition, infiltration,
adsorption, absorption, filtration, and decomposition. Natural forest buffers where removed will be
re-created by planting native trees at 12 trees/1000 SF. The minimum caliper at installation would be 1 1/4"
with a 6'-7' Height. The area should be stabilized with mulch and or groundcover. Recommended trees
include oaks, persimmon, green ash, pine, bald cypress, red maple, black tupelo, magnolia, red cedar, and
flowering dogwood. Ornamental trees and shrubs such as Ligustrum and Eleagnus species, and typical lawn
grasses shall not be utilized to accomplish revegetation of buffers where required.
Approximately 1/3 acre of littoral/scrub shrub wetland zone will be constructed adjacent to Cady
Lake. The actual location of the mitigation site will be specifically identified in the field. The wetland
will be established by the creation of an underwater weir that will be constructed while the pond is
temporarily drained during the dam repair. Upland areas adjacent to the pond will be graded to allow the
establishment of additional shallow/littoral zones.
Stormwater Management Plan
The hydrology to the remaining wetlands and stream will be maintained and enhanced by utilizing the storm
drainage system as part of the temporary retention system which will increase their water storage, pollution
removal, bank stabilization, and aquatic life functions.
St em Relocation
Approximately 150 if of stream relocation will be conducted by re-vegetating and stabilizing banks,
re-establishing the substrate, creating pool areas and providing a riparian buffer along each side of the
stream. The relocated channel will be engineered to be as similar in natural features and morphology as to
similar streams in the area. The proposed channel design will include utilizing natural substrate
(sand/gravel/rock) for the stream bottom, constructing meanders, creating rifle/pools, and utilizing plantings
of native woody species along the restored streambank.
Mr. Steve Chapin - USAGE, Mr. John R. Dorney - NCDWQ
Page 6, June 12, 1999
Planting of the proposed wetland areas "d stream banks (as apph_ 'Coble] will be sdcckd from the
fallow-Ing list:
Scrubdbrub
Alnus serrulata.
Comusamomum
Salix nigra
Betula nigra
Ilex decidua
Viburnum species
Cephalanthus occidentalis
Lindera benzoin
Others as approved
Boltomland ardwlc nd
Diospyros virginiana
Quercus species
These areas will be constructed concurrently with grading operations involving permitted wetland impacts.
As part of the construction documents a list of specific plant species and quantities will be prepared
for approval by the USACE and the NCDWQ. The mitigation site will be planted at an initial density of
approximately 500 woody stems per acre. Survival rates of seeding versus individual plants will be explored
for each species selected based on availability, site specific data, and cost factors. All new plantings will
consist FACW and OBL species. Planting will be conducted in the spring and the fall. Annual ryegrass or
other annual vegetation will be utilized in order to provide temporary stabilization during the summer and
winter months or until, planting times become available. During planting wetlands and surface waters will be
protected from erosion and sedimentation. Control structures such as sedimentation traps, siltation barriers,
and/or at a minimum silt fence will be utilized as necessary. Existing specimen. trees will be saved if possible
in the construction of these mitigation areas.
Frax. penmsylvanica
Taxodium distichum
Nyssa sylvatica
Others
Plaujing of the omimscd twetland areAs-and stream banjo (as atIpAhabW will b
following list:
Scrub/Shrub
Alnus semtlata.
Comusamomum
Salix nigra
Betula nigra
Ilex decidua
Viburnum species
Cephalanthus occidentalis
Lindera benzoin
Others as approved
Bottomlm d Hardwood
Diospyros virginiana
Quercus species
Frax, pennsylvanica
Taxodium distichum
Nyssa sylvatica
Others
If rba eons
Zoe 1- Wetland areas in terporaitit saturated soils or, sub ect to ogeasional and brief immdafion
Agrostis albs (Red Top) Polygonum spp.(Smartweed) Carex species (Sedge)
Juncus effusus (Soft Rush) Eleoeharis spp.(Spikerush) Leersia sp. (Rice cutgrass)
Zone 2 - Wedw-d areas prone to persistent, fiaWing or Xnding
Moist to I Foot of Water
Three Square Bulrush
Sedge species
mallow Water Plants
Sweet Flag
Pickerel Weed
Creeping Spike Rush Soft Rush
Lizard Tail Others
Arrow-Arun Duck Potato
Others
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Page 7, June 12, 1999
Planting shall be in naturalistic / random clumps to encourage diversity. Specific plant species, quantities,
and size which will be utilized for the mitigation sites will be dependent on availability, cost, time of year in
which planting occurs. Existing wetlands and surface waters and buffer areas will. be protected from erosion
and sedimentation during construction and installation of the mitigation sites. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum At fence will be utilized as necessary.
STORMWA TER MANAGEMENT PLAN
The hydrology to the remaining wetlands and stream will be maintained and enhanced by utilizing the storm
drainage system as part of the temporary retention system which will increase their water storage, pollution
removal, bank stabilization, and aquatic life functions.
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 two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings.
Portions of the site are currently in old field succession and secondary succession. An evaluation of the site
by Dr, James Matthews, r indicated that iSchweinitz's sunflower is -not e
area-
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
does not occur on this site.
CULTURAL RESOURCES
The project site is disturbed. from previous agricultural activities. Only contemporary homes were found on
the site. The State Historic Preservation Office may review of the USGS maps at the Office of State
Archaeology and the Survey and Planning Office of the North Carolina Department of Cultural Resources to
determine if sites are indicated on the National Historic Register within the study area.
AQUA.TICIL BITAT
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries in the
Catawba Basin. 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"
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Page 8, June 12, 1999
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 100 acre development is sensitively planned to minimize impacts to the extent feasible.
Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive site
planning has chosen to balance the site's economic viability with its environmental value and permitability.
The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this
development by restoring and creating beneficial wetland or riparian habitat and enhancing and preserving
the Jurisdictional Waters of the U. S. remaining on the site. The undisturbed wetland areas and the mitigation
sites will be preserved by the applicant or by a group designated by the owner for this purpose. They will be
managed as a wetland and stream systems of high value.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
cc: Sandy Turnbull
Tom Bruce - Pulte Homes Corporation
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: L? n ,r Date: ?<
Applicant/Owner: v t r? County:
Investigator: Lz; 04 r,C?ncv? State: t, C,
Do Normal Circumstances exist on the site? (!9 No Community ID:
is the site significantly disturbed (Atypical Situation)? Yes (iU Transect ID:
'
is the area a potential Problem Area? Yes N Plat ID:
(If needed, explain on reverse.)
r
VEGETATION
Dominant Plant Soecies
P1 I ? Yom Stratum Indicator Dominant Plant Soecies Stratum Indicator
-
2.? ?yVC Cc v1'1 o M v 1V S ?°•/ 10. 1 P
3.
lc, =1 1NU<
`.
?
9124
1-

/7 7?CW

11._
y
4. t t sG rm?
?T
?t
C fi r .-Tog. v Acg,r<
5. hej,?G dC 13. I(Gro' t1m -
b. -s1J d?J S` p% 6-<
14. rY).t7 Li
Y__..
/. , ,

Percent of Dominant Species that a re OBL, FACW or FAC
(excluding FAC-). 1,0076
Remarks: j A -RO OCA I kJ 6t?&ILL.,'YZX)Ftl?

HYDROLOGY
_ Recorded Data (Describe in Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
_ Oilier
Na Recorded Data Available Wetland Hydrology Indicators:
Primary irt?ieators: !! (
!undatedQ h 1 (c; 1
??Saturated in Upper 12 Inches
ater Marks
Drift Lines

Field Observations:
3?.diment
Deposits
Dr
nage Pattems in Wetlands

Depth of Surface Water: ??gQ?? ` ?n) Secondary dicators (2 or more required):
_ dized Root Channels in Upper 12 Inches
fGwt
De
th t
F
W ter-Stained Leaves
p
o
ree
ater in Pit: fin.) _ Local Soil Survey Data

Depth to Saturated Soil: 66; 41Vk1 - 12i/ Gn.) FAC-Neutral Test
_ Other (Explain in Remarks)
Remarks:
WTI, 1995 -196-
W
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: 6 Date: Z ?
Applicant/Owner: County: Nl
Investigator: Le,- le-c?,-?r? State: /,4c-
Do Normal Circumstances exist on the site? a No Community ID:
Is the site significantly disturbed (Atypical Situation)7 es Transact ID:
Is the area a potential Problem Area? Yes Plot ID: Z

(if needed, explain on reverse.) -
* L?er r-ze4:?, i o S Pvt,-,r,( p or?\. -17 eh
VEGETATION
Dominant Plant Soecies Stratum Indicator Dominant Plant Soecies Stratum Indicator
2._L-YCPr tic Y 'rte 10. C"'
S ' °
3. ?- ? kA/
4•
_
5. 42 .
6
n6 13.3c?GtJ ' f J
?
FX
.
6 C?1^?(? - ` 14.
s• UK-,,
F
C W
7 J --(
--
15.

Percent of Dominant Species that are OBL. FACW or FAC
Jr\ ?19C(-,J S'?'
ci
(excluding FAC-). f ?-
1
Remarks:
ar

HYDROLOGY
Recorded Data (Describe in Remarks):
- Stream, Lake, or Tide Gauge
_ Aerial Photographs
_ Other
No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:S
I?nuZa"d ?A
?_,Saturated in 'Upper 12 Inches
/Water Marks
_ Drift Lines
SS iment Deposits
Field Observations: _/Drainage Pattems in Wetlands
!!__?l
Depth of Surface Water: t Crt '?4" i'eXIWHn, Seconda"dicators (2 or more required):
/Oxidized Root Channels in Upper 12 Inches

)
Depth to Free Water in Pit- (-4 t.? titer-Stained Leaves
l S
il
ZL
,
.d.t?/"1 L-Ui°i'
4,0 oca
o
Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: gyn.) _ Other (Explain in Remarks)

Remarks:
WTI, 1995 -196-
A

SOILS
q+,Z"
Map Unit Name j +
(Series and Phase): p ? fi.?c
???fY?sZ?( 1°??1
Drainage lass:
(Subgroup): Field
Observations
Confirm Mapped Type? Yes No
Profile Descriotion:
Depth Matrix Color
inches) Horizon (Munsell Moist) mottle colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/C:onrmst Structure, etc.
??'Cry Gf?- IC?n?
t IU l

Hydric Soil Indicators:
Histosol
_ iConcretions
Histic Ep dor
Sulfidic Odor High Organic Content in Surface Layer in Sandy Soils

_ Agyic Moisture Regime 0lganic Streaking in Sandy Soils
//Listed an Local Hydric Soils List
ducing Conditions
Gleyed or Low-Chroma Colors =
Listed on National Hydric Soils List
_ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks:
No (Circle) (Circle)
No
No Is this Sampling Point Within a Wetland? /,'14's-) No
-197-
Wit, 1995
W&
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: CAdLf ,? ?1 (:Z Date: -Z-
Applicant/Owner u ( 2
I
i
L County: _
C
nvest
gator
et- State: /4
-
Do Normal Circumstances exist on the site? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
Uhf 6_,ra -?YW 4,:- A
VEGETATION
Dom
i
Plant Soecies
nantt Stratum Indicator Dominant Plant Soecies Stratum Indicator
?
?
p
t
1. C 'S`C EsC ok& t vS ( di e `,•l S. L
cr' l cey-A f C mrl t e'A_ ?__ (U--
2. cap- -L.?,r t0 ' r
?L c> 5,
10. ?Fr ?Z1 ( ni4. _
f f t-
4. (' S u ? 62S-
5.1
6. Ccle i _ - 14. J IMU c. ( /Gt.

Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Re

marks:i
P
L U
'
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 Wedands
Secondary Indicators (2 or more required):
Depth of Surface Water: On.) _ Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: Ctn.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: (in.) _ Other (Explain in Remarks)
Remarks:
WTI, 1995 -196-

?3
SOILS
Map Unit Name
(Series and Phase):
_
Drainage Class:

Taxonomy (Subgroup): p(Ce l? (
J Field Observations
Confirm Mapped Type? Yes No
Profile Descriotion:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inchesl Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

a `1a7"L C.aQI ??r?t= a C:??y I cue
c
Hydric Soil Indicators:
_ Histosol Concretions
_
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Su)fidic Odor Organic Streaking in Sandy Soils
_
Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
_ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Yes (Circle)
Yes
Yes o
(Circle)
Is this Sampling Point Within a Wetland? Ye N.
Remarks:
-197- _ WTI, 1996
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1 • •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 18, 1999
Mecklenburg County
DWQ Project # 990672
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Pulte Homes Corp.
Tom Bruce
7422 Carmel Executive Park
Suite 300
Charlotte, NC 28226
Dear Mr. Bruce:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.61 acres
of wetlands and 290 feet of streams for the purpose of developing the Cady Lake project Tom Short Road Near I-485, as you
described in your application dated June 18, 1999. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 3127, 3103 and 3108. These certifications allow you to use Nationwide Permit.
Numbers 3, 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 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 or areas
within 50 feet of all streams.and ponds 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).
2. Applicant is reminded that wetland and stream impact should not occur before a 401 Water Quality Certification is issued.
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.
Pie
teve
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
John Domey
Central Files
Len Rindner
990672.1tr
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
http://h2o.enr.state.nc.us/wetiandc.htmi
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cady Lake Property
Project Number 99 0672
Recvd From APP
Received Date 6/18/99 Recvd By Region
Project Type
County Mecklenburg
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 HWF O Y _0N F_ 11-138-3-2 ?F -c-F 30,838. F-6.611
F14 HWF W7 ON F-F-I -
`- F_F?'l rF_
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y *N Did you request more info? O YO N
Have Project Changes/Conditions Been Discussed With Applicant? OQ Y O N
Is Mitigation required? O Y OQ N
Recommendation: 10 Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 350320 Longitude (ddmmss) 804735
Comments:
Applocant proposal PqQ fast of channel impacts and 0-61 acres of wetland impacts for the ur o P
of constructing a residential development. The wetlands to be impacted rated out at an average of 29
on the wetland rating sheet Most were marginal and offered little WO benefits. The stream channels
that are to he impacted were essentially , . . g the site yisit and mitigatable evidence (fish,
crayfush, salamanrder etc.) was not found, The applicant had also proposed to impact a small lake
on the site, however, these impacts (outside of the proposed repair of the lake's dam) have been
gypped The overall layout of the site indicated that the applicant was able to avoid/minimize as
much as possihle the mtland/stream channel impacts for this project
It should he noted, however, that impacts to the non-mitigatabl _ stream channel and the wetlands
had already occurred even though the 401 Certification has not as yet been issued. Such being the
case, a N6V will be prepared in the MRO documenting the unauthorized activities and requesting
that the applicant cease any further impacts until the 401 Certification has been issued.
cc: Regional Office Page Number 1
Central Office