20000249 Ver 1_COMPLETE FILE_20000801

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
ILT?W'A
IT 0 0
A&4;1;2
AM k
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 24, 2000
DWQ Project # 000249
Mecklenburg County
Mr. Charles Wagoner
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Forest City Land Group
3030 Woodcrest Drive
Youngsville, NC 29596
Dear Mr. Wagoner:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.57
acres of wetlands and 1,430 linear feet of streams located at Caldwell Residential Community in
Mecklenburg County for subdivision development as described in your application dated February 11, 2000.
Insufficient evidence is present in our files to conclude that your project must be built as planned in waters
and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal
are made as described below, we will have to move toward denial of your 401 Certification as required by
15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional
information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you avoid filling wetlands at, above and below lot 81? Also detailed plans will
need to be provided for each road crossing so we can determine if total wetland impact at any of these
crossings (pipes and riprap) exceed 150 linear feet. Any documentation such as maps and narrative that you
can supply to address alternative designs for your project may be helpful in our review of your 401
Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H
.0506(h). Your mitigation proposal is insufficient because we can not determine if total impact on any road
crossing exceeds 150 feet.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and to Mr. Mike Parker, Mooresville Regional Office at [phone]. If we do not hear from you in
three weeks, we will assume that you no longer want to pursue this project and we will consider the project
as withdrawn. I can be reached at 919-733-9646 if you have any questions.
co cc: Mooresville DWQ Regional Office
Central Files
File Copy
Asheville Field Office Corps of Engineers
Wetlands/401 Unitl621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone]FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% rtcycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 • •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
?- 1 °7) , 2000 n
WQ Project #
dA'A' (? C, ,? me County
WC, V ? 1 ??y
CERTIFIED MAIL-RETURI`?'RECEIPT REQUESTED t7?\
cry Gc>
Dear Mr. A M30 _
The Division oXWater Quality has reviewed y r plans the discha e of fill material into S
acres of wetlands and /_ linear feet of streams located t in County for
/ I 6ft1 as described in your application dated Insufficient evidence is present in our
files to conclude that your project must be built as planned in waters and/or wetlands in accordance with
15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we
will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will
place this project on hold as incompleted until we receive this additional information, we are requesting (by
copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you ? Any
documentation such as maps and narrative that you can supply to address , ternative designs for your
project may be helpful in our review of your 401 Certification. Also this pr ject will require compensatory
mitigation as escribed in 15A NCAC 2H .0506 h). Your mitigation propos 1 is in fficient because
Please respond within three weeks of the date of this letter by sendi g a copy of this formation to
me and one copy to Regional Office at
. If we do not hear from you in three eks, we will assume that you
no longer want to purs e this project and we will consider the project as wi drawn. I can be reached at
919-733-9646 if you ave any questions. 6vQv"- a ,p
Sincerely,
P -? n
? John R. Dorney
cc: ' `ol"e"t DWQ Regional Office
Central Files
it Co
?n Field Office Corps of Engineers
lily
W?
Wetlands/401 Unit 1621 Mail Service Center Raleighorth Carolina 27669-1621
Telephone [phone] FAX # [phone] 'YJ
An Equal Opportunity Affirtnative Action Employer 50% recycled/10% post consumer paper
(eJ
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact:
WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Caldwell Phase I do Forest City Land Group County Mecklenburg
Project Number 00 0249 County2
Recvd From APP
Recvd By Region 2/23/2000
Region Mooresville
Received Date 2/11/00
Project Type subdivision
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F 3 F-O TO N F 11-35-3-4 WSIII F- 30,831. 0.57
F14 Stream PT-0- N F_F_F-r-r-F_ 150.00
26 F-O Y ON F_F_-F_7_-r___F_ 1,280.00
Mitigation Wetland
MitigationType Type Acres Feet
Stream preserve Stream I - F-
F_ I F_
Is Wetland Rating Sheet Attached? Q Y OO N Did you request more Info? Q Y 6 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? QQ Y 0 N Recommendation: Q Issue # Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 351745
Comments:
Longitude (ddmmss) 804125
Applicant proposes to empaot approx. 11,430 linear feet of channel during the construction of the _
subject development. The channels have been correctly identified by the applicant as metupatable
and non-mitigatable (field confirmed). It appears that avoidance and minimization were used in the
layout of this site as impacts are g _nP y confined to road crossings and general site grading.
However, there is some concern over the need to impact the wetland that passes through Lot No. 81
as shown on Enlargement A . With a site reduction of only one lot, this wetland area could be
avoided. Another asst. that n p-ds to be addressed by Central Office staff is the proposal by the
applicant to provide mitigation for this. project by leaving_flparian buffers along the remaining
undisturbed channels, the staff an the MRO as unaware that thas type of mitigation is
arc?p?ye(perm'ssahle for impacts to matagatable channels. It as requested that Central Office staff
determine whether this type of mitigation is allowed for the proposed channel ampacts_praor to the
issuance of the 401
cc: Regional Office
Central Office Page Number 1
Facility Name Caldwell Phase I c/o Forest City Land Group County Mecklenburg
Project Number 00 0249 Regional Contact: Michael L Parker
Date: 3/20/2000
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
,,,7 1 ' a-A

Caldwell
Phase - I
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 CONCURRENCE
Prepared For:
Mr. Charles Wagner
Forest City Land Group
3030 Wooderest Drive
Youngsville, NC 29596
1-919-570-0563
Prepared By:
Leonard , Rindner PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
February 7, 2000

PAPA AIT
RECC(VEU
*Subject to verification by the USACE & NCDWQ
DEM ID:
CORPS .-ACTION ID
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)-
gNZ-C®N•STRUCT'ION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQQ ???CATION
IRE :
1) 2J0TIF2CATION TO THE CORPS OF ENG=NEERS
2) APPLICATION FOR SECTION 401
H) COORLiINATION WITH CERTIFICATION
THE NC DIVISION OF COASTAL, bDkNAQMUENT
SEND THE ORIGINAL, AND (1) COPY OF THIS COLLETED FO_
FIELD OFFICE OF THE CORPS OF TIM TO THE
(7) COPIES SHOULD BE SENT TO THE ENGINEERS (SEE AGENCY. ADD A2PROPR2ATE
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINTION OF ENVIRONMENTAL MA A SEVENNAGEMENT
1. OWNERS NAME:
r
2• MAILING ADDRESS:

`."e ,: VJpv
f Dry
CITY: 70?/U SUBDIVISION NAME:
_nA<
f--- STATE : I- ZIP CODE:
PROJECT LOCATI _
ON ADDRESS
MAILING ADDRESS ABOVE)• INCLUDING SUBDIVISION NAME
(IF DIFFERENT FROM
.3 - TELEPHONE NUMBER (HOME
4* IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE , (WORK) T-?D- ?? •,?
PHONE NUMBER: E CORPORATE OFFICIAL,, ADDRESS,
r,

5• LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF
MAP AER
COUNTY: ?TOI PHY WITH SCALE): US GS TOPOGRAPHIC
r
NEAREST TOWN OR CITY; t_.y't /--zj-?
I
sPECIFIC'LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
Sew ?`- VIC.l /1. I 4-4
UT-
6- IMPACTED OR NEAREST STREAM/RIVER: U
RIVER BASIN: Yad k i n
7a• Is PROJECT LOCATED NEAR WATER CLASSI^ F
(SA) , HIGH QUALITY W; TENS F IED AS TROUT, TIDAL S_z1LT
SUPPLY (WS-I OR WS-II ? l YES , OUTSTAI?ID IRESOURCE WATERS (ORWWpTin7ATER
[ ) NO .?
[ F YES, EXPLAIN:
7b• IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES
COAST
a,I,
7c- IF THE P NO [ ]
LIST F THE RLJECT ISESOC TEDTWITFIN ALANDSTALL CCouNTY (SEE PAGE 7 FOR USE LAN (LUP) DESIGNATION?
°a• HAVE ANY SECTION 404 PERMITS BEEN
THIS PROPERTY? yES PREVIOUSLY REQUESTED
PREVIOUS PERMIT AND ANY ] ADDIOIOAs INFORMATION , PROVIDE N (INCLUDE ACTION I FDR NUSE On
UMBER OF
CERTIFICATION); PHOTOCOPY OF 401
8b. ARE ADDITIONp
FUTURE? -L Pr
ERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
YES [4,,K NO
r [ ) IF YES, DESCRIBE ANTICIPATED WORK:
I A D
7T ?
h "?Jr-L
'(F Le,, -m - M ! ?7t?l Lu
9a• ESTIM_ATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b• ESTIMATED TOTAL I
NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
-- L3 C,? GS C
2
loa. NUMBER OF ACRES OF WETLANDS 'IM
NKJP kf Zr, PACTED BY THE PROPOSED PROJECT Cnze- FILLING Hw`P? /l•91?psrswt- -MO i-F .o-? BY:
/`fwP?lc f. S?j7c?, c6vrs,?? .D?" .Atvc.C !5? //?
FLOODING : 66,4 r c ls-)
OTHER:
DRAINAGE:
TOTAL ACRES TO HE IMPACTED : * •-7?i CCGY(,t,
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED -PRO
RELOCATED, PROVIDE DISTANCE BOTH EFOAP AND AFTER RELOCATION) CT (IF
NWP 4i yc, UN IMF - 7799
Aft-j*v AL
24,
LENGTH BEFORE:
'`STD L? o
AFTER:
o
WIDTH BEFORE (based on normal high water contours) uk4iplAj -•0,,
WIDTH AFTER: O~/'°??T[T-!z=/S'? t
A'Y'-'RAGE DEPTH BEFOR /M O
E : !S " 3?.S? .
AFTER: o
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY
OPEN CHANNEL RELOCATION: )
PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION:
CONSTRUCTION OF A DAM/FLOODING:
OTHER: r a cross n
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE
WATERSHED DRAINING TO THE POND? SIZE OF THE
WHAT IS THE EXPECTED POND'SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2I, TYPE OF
ONLY): X 11 DRAWINGS
cep
13. PURPOSE OF PROPOSED WORK:
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS, (INCLUDE ANY
IMPACTS): MEASURES TAKEN TO MINIMIZE WETLAIJD
avo i aceoe .
-wCe re v rrr r ?.cc GYoC r S .
1 S ,16 - Cr?e?lcr 1J1?? ? ??,., •c,?,
J rr? r ?c.?( One,, ?r a ( r, -4-z ((a...
i '?1m'1
15- YOU
E REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVZC'E-mm-l-
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LI (NMFS) (SEE AGENCY'
STING ENDANGERED OR THREATENED SPECIES OR CRITICAL, H.P.BITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED:
FROM THESE AGENCIES.) (ATTACH RESPONSES
16 • YOU ARE REQUIRED
6* TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTOP.IC
'PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17• DOES THE PROJECT INVOLVE
'PUBLIC (STATE) LAND? AN EXPENDITURE OF PUBLIC FUNDS OR THE USE'OF
YES [] NO [?' (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION RE OF AN ENVIRONMENTAL
POLICY ACT? QUIREMENTS OF THE NORTH CAROLINA ENVIRON*3ENTAL
YES [ ] NO [ ]
b• IF YES, HAS THE DOCUMENT BEEN REVIEWED '
DEPARTMENT OF ADMINISTRATION STATE THROUGH THE NORTH CAROLINA
CLEARINGHOUSE?
YES [] NO [ )
IF ANSWER TO 17b is YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE, TO DIVISION OF ENVIRONMENTAA1, MAN
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL, POLICY ACT REGARDIN G y
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS CT. 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
FEE 09 '(30- 07:20 FR LlH I QER I T`r' COURTYARD 7014 549 494 TO I'D4701R
w _
18. THE E'0LZ4;VTNG ITEMS ShOMD BE INCLUDED WITH THIS
E ACTIVITti' ?,I'PI,IC?II,IO1?' IF
P TO WETLANDS: , IiTVOI,YTx'5 TEE DISCHARGE OE' E C30v-ATE:D OR E'IZ,L
INTO W
e WET??i?U DELl.%TF-kTION XR2 SHOWING ALE WETI?ivDS, a V
AND PONDS ON TKE PROPERTY (FOR NATiONkTTDE PERMIT TRE;...S'. 11AkCEti5
Z9, . AND 39) . ALI, STREAMS ?ISTLANX'TTENT AND E'E NUMBERS O 14, lp, m 26,
Br. SHOWN ON. THE MAP. MAP I;- a NT, ON xHE PRSO?EIZT''X
INC 4 EQUALS 100 FEET OR THEIR EQUIVALENT.
b' It AV.AaI?ABL,E, REPRESZN77;TIDE PHOTOGFtA.PH OF' W=T:,A.NUS TO at-
IMP.ACTEII BY PAO.7ZCT.
I r DELINEAT_ZON WAS P,ERgOkKED BY A CONSULT
SHEETS. RELEVANT TO T14E PLACEMENT OF THE DELTNEA7IM, T` 1N'CLTI]"jr::..} ,;' QTR
tl ATTACH A COPY OF r8E STORMW LINE.
e. WHAT IS LAND t75E or SvRROU1JDZtoG E'RpPINAG pacpGEI?SDIT PLAN I i ' icE?iCTTFt?I? ;
ERi Y
IF P.PPLIGx>ELE, Wy-kT IS PROPOSED XtT140D 1-
?,?^,R/t?{?,?,, ?? .• 5EF7F;Gr DIcFnS??? T-.,
S. SIGNED RGENAIITHORIcF,TION LEZ? ?,xt, Ii APPLTCA?3LE.
NOS: WLTLkNDS OR ;vATEj:?S 07, T 'r U . S.
1) ISSUANCE Or A SECTION 404 CORPS MFACi?'
Z) EITHER 'THE T bI'NENG?L WEER, ? .-
PERM-T i
Z1110SSUANCF, OF WAI%MR OF A, 401 ONI
X TAT,. MANAGEMENT S 10N 0
(WATER QOALITY)
3)
C£RTIt' rn ,
Q xN T:-? ,7*??TY OCt?ST?}„ COUN3' z CA ., Z ON , .r,.?
NORTH cAjR0LxNA DIVISION CAF COAsTAZ Zlrs ONE17 i A LZTTER FROM "TFm
x1CTxVI7^y IS C.U?]SI`TENT MANAGEA'?21T STp.':'ING T`$SF FFtOpo EL7
?RA?S. WI T Tf:r. NORTH CAAROL7:NA CQA.STaT Mfi z C?EM Nx
CWNtR
DATE
5
{AGEI`7T' S S SGNk? r'C7RE Vp,? ZT7 ONLY
xr'. ---U iORIZA-7
07? L.E:T T,E R
TIH4
OWNER IS PROVIDED (18g•?)
LEONAR15 S RiN_ N`gpwr
Environmental Planning Consultant
Professional Wetland Scientist 3714 Spokeshave Lane
Land Planning Matthews, NC 28105
[phone]
February 8, 2000
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: Aonrox;mate 415 A re ?Idwell
- Nationwide Permit #26 #14. #3
Dear Sirs:
On behalf of my client, Mr. Charles Wagoner of Forest City Land Group, I am providing you with the
following information concerning this planned development for your consideration. The project site is
located in rapidly developing areas northeast Mecklenburg County. The site is currently zoned for a
residential development. Current land use in the vicinity are agricultural land, single family subdivisions. The
project has been planned sensitively to preserve the perennial and intermittent streams to the fullest extent
feasible. There are approximately 11,630 if of important perennial to intermittent streams (including Back
Creek); and approximately 8.8 acres of jurisdictional waters (streams, wetlands, ponds).
Due to sensitive land planning, stream impacts are primarily confined to only those necessary to implement
necessary road crossings and to general site grading. Clearly defined construction and grading limits will be
implemented to minimize additional impacts as well as to preserve forested buffers to the extent feasible
along the streams. The wetlands in the Back Creek floodplain will not be impacted. 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.
Background
The site within drainage areas of a tributary of Back Creek and the Yadkin Basin (Water Classification : C).
The majority of the site is moderately to a broad floodplain.
Wetland Hvdrolog and drj? Soils
Wetland hydrology is provided by a seasonal flooding, and from seeps, springs, and surface runoff over a
clayey subsoil. These wetlands can be classified as Palustrine Forested Broad Leaved, Scrub Shrub,
Temporarily to Seasonally Flooded (PFOIA, PFO1C, PSS1A, and PSSIF).
2
Caldwell, Page 3
February 8, 2000
According to Natural Resource Conservation Service, Technical Guide-Section II-A-2, June 1991, Monacan
(Mo) soils are listed as Map Units with inclusions of Hydric Soils in Mecklenburg County. The streams on
the site include perennial and intermittent (except most upper reach) streams that have important aquatic
value as determined by the USACE. Characteristics include persistent pools, riffle and pool complexes (a
"special aquatic site"), fish in the lower portions, amphibians and macro-invertebrates; evidence of wildlife
utilizing the stream; and rocky, gravelly, and sandy channel substrate.
Hvdrop?yric Veneration
Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and Obligate
Vegetation and include black willow, green ash, willow oak, red maple, sweet gum, alder, silky dogwood,
greenbriar, poison ivy, and others. Herbaceous plants include sedges, needle rush, jewel-weed, and other
typical wetland species.
SUMMARY OF WATERS OF TILE U.S.
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 must be identified as described in the manual. The wetlands map has been used for planning and
potential permitting purposes. Hydrophytic Vegetation has been identified according to the Nation 1 i t of
Plant Soecies That Occur in ?xI rland Snnrheast M io, n 2) US Department of the Interior, Fish and
Wildlife Service.
,S'iI M EY OF JURISDICTION I WAT R t' OE U c
ce Waters Back Creek (±6200 If)
± 2.13 ac.
Perennial to Intermittent Streams (± 5430 If) ± 0.75 ac.
Intermittent Streams ( +14601f - unimportant) ± 0.12 ac.
± 3.90 ac.
Total - Waters of the U.S.
WET1_4NDS PERMITTING AND MITIGATION
± 1.90 ac.
± 8.80 ac.
As depicted on the plans, the layout substantially avoids and minimizes impacts to Jurisdictional Waters of
the U.S. 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..
Caldwell, Page 4
February 8, 2000
crossings and site prep. - important streams +
490
;anon provided - see compensatory mitigation) if ± 0,07 ac.
crossings and site prep. - unimportant streams ± 790 If
± 0.07 ac.
and impacts
± 0.57 ac.
- NWP #26
±1,280 If ± 0.71 ac.
xoad Crossing (one crossing of one tributary) ± 150 if
Headwalls utilized to minimize impacts, if required ±0.05 ac.
TOTAL IMPACTS TO JURISDICTIONAL WATERS ±14301f ±0.76 ac.
Additional permitting is expected in the future for utility installation utilizing NWP #12
Avoidance MinimiT?th? .+ r
- Except for the functional and necessary wetland and stream crossings and stormwater facility the overall
plan has been designed to retain forested buffers along the wetlands and streams. Therefore the streams and
wetlands remaining on the project site will be enhanced by buffers. 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.
Wetlands and streams to be preserved will be clearly marked prior to construction to prevent
accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland
damage not permitted according to plans and specifications. Preconstruction meetings shall be held
if necessary with representatives of the USACE and the NCDWQ.
g) 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.
Caldwell, Page 5
February 8, 2000
A mitigation plan is proposed for a "no net loss" of stream habitat, value, and functio
on this site. Unavoidable im,,rtc in n to the extent
+. o..... __ ___ ..
a.Px.Jmportant stream Stream impacts by flooding will be mitigated by the protection of the remt
channels and the development of a forebay/ and vegetated littoral zone in connection with the req
detention ponds.
PROTECTION FROMFUTUREDEVELOPMENT
The preserved wetlands and streams will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. As required, development of these areas will be deed restricted
in accordance with restrictive covenants, or similar mechanisms which will be developed for approval by the
USACE and/or NCDWQ.
AQUATIC HABITAT
The aquatic systems in the project area consist of wetlands and intermittent tributaries. 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.
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 development of the stormwater detention ponds and littoral zones.
THREATENED AND ENDANGERED,YPECIES
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. The site is forested and
characterized by heavy overgrowth in open areas including blackberry, honeysuckle, eleagnus, and
ligustrum. An evaluation of the site indicated that SChweinitz's sunflower habitat is unlit el
the nroie__ ct area
-- - ,?Lto b, r?recen+ in
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.
Caldwell, Page 6
February 8, 2000
State Prote?r? S ci
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
CULTURAL. RESOURCES
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.
CONCLUSION
Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive and
creative 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 creating a beneficial aquatic resource that will help maintain or
minimize degradation of waters of the US. downstream of the project and through enhancement of
remaining streams. 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.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Lwonara S. Kindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Chuck Wagner
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