20021366 Ver 1_COMPLETE FILE_20020826

0F W A T ?qQG
? r
September 6, 2002
Mecklenburg County
DWQ Project #: 02-1366
Project Name: Carol Ann Wood Residential Community
APPROVAL OF 40lQuality Certification with ADDITIONAL CONDITIONS
Baucom Grading, LLC
Attn: E. D. Davis
10020 John Russel Road
Charlotte, NC 28204
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions, to impact 0.355 acres of
Bottom Land Hardwood wetlands and 125 feet of waters for the purpose of residential development as
you described in your application dated August 22, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3362, which may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
Nationwide Permit Number 39 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 Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be required to
send us a new application. If 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). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. Deed notifications or similar mechanisms shall be placed on all 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).
ma24,:. ;
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
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. 276 1 1-7447. 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 or Mike Parker at
our Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Len Rindner, PWS
021-366 F .___..
,
AUG
2002
Carol Ann Woods
Residential Community
Mecklenburg County, North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
. TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared for:
Mr. E.D. Davis
Baucom Grading, LLC
10020 John Russell Road
Charlotte, N.C. 28204
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-[phone]
FT ..

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 021366
(If any particular item is not applicable to this project, please enter. "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: duE Crain Ltd
Mailing Address: pt s-s e
Telephone Number: -70 5Zc &-H0 Fax Number: 754f ';`M / 2?-7 D
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent as signatory authority for the owner/applicant.)
Company Afliati
Mailing Address:_
Telephone Number:
E-mail Address: r
Fax Number:
Dorm G nF 11
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For adnunistrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold u/'ntil decipherable maps are provided.
An r wo S
1. Name of project: /
2. T.U. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long): -! 9i . 2q4 2 -10/A F )$O . L. Uo0 n W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):?3
7. Nearest body of water (stream/river/sound/ocean/lake): it, s ? Ue
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hh2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
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10. Describe the overall project in detail, including the type of equipment to be used:
l"i
IV.

11. Explain the purpose of the proposed work:
-L ti- N7^ > U Q
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
V.
J
Future Project Plans
Are any future permit requests anticipated for this project? If so,
and providee justification for the exclusion oft is wor from the ct
describe the anticipated work,
:rent application.
VI.
Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland of stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

S
a written description of the proposed impacts: I hac-Fs r?., ?c o? 110
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

A ?1
A 36 o ' -F FO I A f
-

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, 1114
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are.identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
v.
online athU://www.fema.go
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed. • ???.?Gr
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?

(please )

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List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapauest.com, etc.). ,n
Cumulative impacts (linear distance in feet) to all streams on site:
Dorm Q of 11
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
. Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, cean, etc.)

" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during, construction o reduce impac s. s

VIII. Mitigation
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C ?'???.
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Dorm 0 of 7
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the, project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm.izide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
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2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/3yM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Dore 10 ..f 11
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaVstate) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requ ents), or other (please identify )?
Yes F-1 No ire ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the ri parian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* rImact are feet Multiplier Mitigation
1 3
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from near bank of charnel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
D- 1 1 ..!' 11
AUG-21-2002 13:54 FROM:E D DAUIS ASSOC LLC 704 529 1278 TO:704 847 0185 P.003/003
mug di Ue 1u;uea Leonard Kinianer YU4 U47 Ulub p.2
19-
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
Xt. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
dowttstrefrom the property
XU. Sewage Disposal (required by DWQ)
Clearly d. awl the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated. from the proposed Protect, 11 r available capacity of the subject facility,
tJ
Ix nJ G fi 1- ( ea-ey I ? CC.•{?''!l
XIA Violations (required by DWQ)
Is this site in violation of DW etlaW Rules (15A NCAC 2H .0500) or any Buffer .Rules?
Yes ? No
.Is this an after-the-fact permit a icatio0
Yes 0 No
X[V. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for takes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's controkt?io,? . Z2??2.
Applicant/Agenes Signature Date
(Age es; signature is valid only if an authorization letter from the applicant is provided.)
'mnnw 41 nF 09
AUG-21-2002 10:04AM TEL)704 847 0185 ID)E D DRUIS ASSOC LLC PAGE; WE R=96%
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
August 28, 2002
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr. John R Dorney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Carol Ann Woods - Approximately 53.5 acres, Mecklenburg County, North Carolina -
Nationwide Permit #39
Dear Sirs:
On behalf of my client, Mr. E.D. Davis of Baucom Grading, LLC., l am requesting authorization to utilize
Nationwide Permit #39 to impact + 125 linear feet of intermittent to perennial stream, and 0.355 acres of
wetlands to develop the proposed single family community. Prior to planning the project, streams and
wetlands were delineated, surveyed and verified by the United States Army Corps of Engineers. Meetings
and planning sessions were held prior to significant conceptual design to review planning options and
federal, state, and regulatory requirements. Road crossings have been designed to be the minimum
required to meet local zoning ordinances and fire codes (i.e. length of a cul-de-sac from an intersection).
While Mecklenburg County has requested additional connectivity, our plan includes only the amount
required to develop the plan per requirements and to minimize stream impacts. The result is a plan that
proposes to develop the site in an environmentally sound and marketable manner. As depicted on the plan
the remaining wetlands and streams are protected within common open space and within rear lot areas
that will not be disturbed by construction. Mitigation through the use of buffers is proposed and will be
submitted for approval. Buffers are anticipated to be an average width of 25'. While there may be very
small sections that are less than 25' due to site specific conditions, it is anticipated that significant area of
buffers will exceed this dimension.
Stormwater will be filtered over the large buffer areas utilizing level spreading devices. There are no
direct discharges of stormwater to any creek. The following sections present the results of the
environmental planning and a description of the impacts with proposed minimization and mitigation
measures.
Mr. Steve Chapin - USACE, Mr. John R. Dorsey, Mr. Mike Parker - NCDWQ
Page 3, August 22, 2002
SUMMARY OF WATERS OF THE U.S.
MethodoloQv
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.
Pround
Back
The site is within the headwaters of perennial and intermittent tributaries of an unnamed tributary of Fuda
Creek in the Yadkin Basin (Water Classification - Q. The majority of the site is a forested moderately
sloping to steeply sloping ridge. The current land-use is undeveloped woodland areas.
Description
Wetland Hydrology and Hydric Soils
These riparian areas can be classified as Palustrine Forested Broad Leaved and Scrub Shrub (PFOI A,
PF01C, PSS1A). According to the North Carolina Resource Conservation Service, Technical Guide-
Section II-A-2, June 1991, Monacan (Mo) soils and Helena (HeB) are listed as Map Units with inclusions
of Hydric Soils in Mecklenburg County. The streams on the site are intermittent and perennial.
Characteristics include persistent pools, small riffle and pool complexes (a "special aquatic site") in the
perennial streams, and rocky, gravelly, and sandy channel substrate. Vegetation in riparian and along
tributaries is dominated by Facultative Wet Vegetation.
Jurisdictional Waters of the U.S. and North Carolina
1) Important Intermittent and Perennial Streams
(+ 2,267 lf) ± 0.25 acres
2) Wetlands + 2.25 acres
Total
+ 2.50 acres
Proposed Impacts to Jurisdictional Waters of the U.S. and North Carolina
1) Important Intermittent and Perennial Streams (+ 125 lf) + 0.015 acres
2) Wetlands + 0.355 acres
Total + 0.370 acres
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 3, August 22, 2002
PROPOSED MINIMIZATIONAND MITIGATION
The following Best Management Practices will be employed and strictly enforced 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) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
d) 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.
e) 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.
The developers are committed to creating an environmentally responsible project Except for temporary
construction and development impacts, we believe that the proposed project with the proposed mitigation
will not cause significant cumulative impacts to the ecological functions or values of Jurisdictional Waters
of the United States.
MITIGATIONPLAN
Mitigation through the use of buffers is proposed and will be submitted for approval. Buffers are
anticipated to be an average width of 25'. While there may be very small sections that are less than 25'
due to site specific conditions, it is anticipated that significant area of buffers will exceed this dimension.
The plans will be submitted for approval. Stormwater will be filtered over the large buffer areas utilizing
level spreading devices. There are no direct discharges of stormwater to any creek.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved streams and wetlands will be protected from future development 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, or similar mechanisms, 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 Schweinitz's sunflower
and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields,
margins, and forested openings. Based on a site reconnaissance, habitat conducive to support the
Schweinitz's sunflower does not appear to be present in the project 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 is 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. The current distribution
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 4, August 22, 2002
according to the U. S. Fish and Wildlife Service is limited to portions of two streams -- Goose Creek and
Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is not
expected to occur on this site.
CULTURAL RESOURCES
The project site is disturbed from previous agricultural activities. No structures 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.
AQUATIC HABITAT
The aquatic systems in the project area consist of important wetlands and streams in the Yadkin 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. Best Management Practices will include
utilizing siltation trapping ponds and other erosion control structures where appropriate. Impacts from
hazardous materials and other toxins to fish and aquatic life such as fuels will be avoided by not
permitting staging areas to be located near surface waters. Also, as required by the 401 Water Quality
Certification conditions, measures will be taken to prevent "live" or fresh concrete from coming into
contact with waters until the concrete has hardened. Aquatic resources are expected to be enhanced
through the restoration of wetland areas that flood and pond for longer durations.
CONCLUSION
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 protecting waters downstream of the project and to preserve
'important wetland and stream habitats on the site.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Leonard S. Rindner, PWS
Environmental Planning Consultant
LPA
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200230019 County: Mecklenburg
Waters of the U.S. Survey/DelineationVerification
Property owner/Authorized Agent: Baucom Real Estate Limited Partnership
Address: 10020 John Russell Rd.
Charlotte, NC 28224
Telephone Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Approx. 53 acre Baucom Site (Woodland Hills) located on the south side of Caldwell Rd.
Indicate Which of the following apply:
X There are waters of the U.S. on the above described property which have been accurately
flagged/delineated. We recommend that the delineated lines be surveyed. The surveyed
lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
The submitted survey plat dated for the above referenced property
accurately reflects the limits of waters of the U.S. on the property. Unless there is a
change in the law or our published regulations, this determination may be relied upon for
a period not to exceed 5 years from the date of this notice.
Placement of dredged or fill material in waters othe U.S. on this property without a Department
of the Army pen-nit is in most cases a violation of Section 301 of the Clean Water Act (33 USC
1.311). A permit is not required for work on the property restricted entirely to existing high
ground. If you have any questions regarding the Corps of Engineers regulatory program, please
contact:
Steve Chapin at [phone]
Project Manager Signature Date November 16, 2001.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200230109 County: Mecklenburg
Waters of the U.S. Survey/DelineationVerification
Property owner/Authorized Agent: Baucom Real Estate Limited Partnership
Address: 10020 John Russell Rd.
Charlotte, NC 28224
Telephone Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
53 acre site - Woodland Falls - Caldwell Rd. - in Charlotte
Indicate Which of the following apply:
There are waters of the U.S. on the above described property which have been accurately
flagged/delineated. We recommend that the delineated lines be surveyed. The surveyed
lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
X The submitted survey plat dated 10/12/2001 for the above referenced property
accurately reflects the limits of waters of the U.S. on the property. Unless there is a
change in the law or our published regulations, this determination may be relied upon for
a period not to exceed 5 years from the date of this notice.
4h
Placement of dredged or fill material in waters othe U.S. on this property without a Department
of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC
1311). A permit is not required for work on the property restricted entirely to existing high m ,;yam.
ground. If you have any questions regarding the Corps of Engineers regulatory program, please
contact:
Steve Chapin at [phone]
Project Manager Signature Late November 2, 2001