19970645 Ver 1_COMPLETE FILE_19970716

g7 0645
The Vineyard
Mecklenburg County,
North Carolina
401 ISS
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:
Robert Rhein Interests, Inc.
5250 77 Center Drive, Suite 350
Charlotte, NC 28217
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
Yarbrough - Williams & Associates, Inc.
Planning-Surveying-Engineering
730 Windsor Oak Court
Charlotte, N.C. 28273
[phone]
?'P O
*Subject to verification by the USACE
Date : 7/97
DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : l v?Alp 1 Z( f"
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 MANAGMAMNT
s= THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
OWNERS N.1-M7:
?% cii,? MAILING ADDRESS.
'T
1 -7-7
CITY: ST 'fE:
PROJECT LOCATION ADDRESS,
MAILING ADDRESS ABOVE) _
j
3. TELEPHONE NUMBER (HOME) : (WORK) . x-704- 527-2333
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICI3 ADDRESS,
PHONE NUMBER:
l , ._.J /rn / ' ! e2a l I
411
Su=_D=VISION NAME:
ZIP CODE: ZE-: > Z / 7
INCLUDING SUBD=VISION NAME (IF DIFFERENT FROM
I e-.
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIZT PHOTOGRAPHY WITH SCATTE) :
COUNTY NEAREST TOWN OR CITY:

1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) :
; 4 ?o vd'e nc? p-,
e5

6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: rji
7a. IS PRO?cCT LOCATED NEAR WATER CLASS=F=ED AS TROUT, TIDAL S?=W- ER
(SA) HIGH QU =TY WATERS (FiQW) OUTST?LADING RESOURCE WATERS (ORW) , WATER
SUPPLY (WS-I OR WS-I=) ? YES [ ] NO r,-r'IF YES, EXPT_AIN:
7b. IS THE PRO,`-ECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF CCAST_?T
M.?NAGEMENT AR-T_ OF ENV-RO.N-MENTAL CONCERN (AEC) ? YES [ ] NO [ ]
7c. IF THE PRCjECT IS LOCATED WITH=N P_ COASTAL COUNTY (SEE PAGE 7 FOR
1
LIST OF COAST_ COUNTIES), WHAT IS THE L.ND USE PLAN (LUP) DESIGNATION?
Sa. HAVE ANY SECTION 404 PERMITS N PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO J{ IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERM== AND ANY ADDITIONAL INFORM,TION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
5b. ARE ADDITIONAL 27RM77 REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [/] IF YES, DESCRIBE ANIL!CIPkT-' D WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
6b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROD ECT SITE:
Ito 4c,
Ctcres
l V'/es4-
`?,/
pow ?? ??l j^5e? ?.z? ?c,?-?? t?efl?r? ?,??
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
E=AVAT I ON :
FILLING: 6
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE I2+ZQACTED:
i0b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BET ORE AND AFTER RELOCATION)
=FTER: 1 E !J FT
LENGTH B?EI:ORE: 1' - - y " JTG? C(??,.,,,)L
w TH BEFORE ('cased on nor.:a: h-g wate_ c0ntou_s
FT
WIDTH AF'T'ER:
AVERAGE DEPTH ..FORE. / AFTER: j T
(2) ST CHANNEL !?=z?..TS W T??ILJ R??C vTJ- - T PROD?: (CHECK ALL
^?=? ? Ct:1 T?j :?J_'
OPEN CHANNEL RELOC: ,T.ON PLACEMENT OF PIPE IN CHANNE-..
-
C^iDINEL EXCAVATION: CONSTRUCT=ON OF A DAY'/FLOODING:
OTHER: 6-,f cla ( T?:,- ! ?
11. IF CONSTRUCTION OF A POND IS PROPOSED WHAT IS THE SIZE OF
WATERSHED DRAINING TO THE POND? I11,7A
WHAT IS THE EXPECTED POND, SURFACE AREA? Ij
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 3 1/2" X 11" DRAWINGS
ONLY) .
13. PURPOSE OF PROPOSED WORK: ? /,
lip f I
- yNd _ y?/ I I a
3
14. STATE REASONS
OUT IN WETLANDS.
IMPACTS):
?;
1S. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL M =_RINE FISHERIES SERVICE (N:?=S) (SEE AG ENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CR_ITICA? HABITAT
IN THE PERMIT AREA THAT M'tY BE AFFECTED BY THE PRCPCSED PROJECT: DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE A_GE- CIES ) ^2? T?
16. YOU ARE REQUIRED TO CONTACT THE ST""E HISTORIC PRESERVATION OFFICER
(SFPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATICN STATE CLEARINGHOUSE?
YES (I NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTA?, 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, RA,EIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF P_VA.ILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER M.ZLNAGEMENT PLAN IF REQC_K??-
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Orea r ?D
f. IF APPLICF3L T IS cRCPOSED METHOD OF SEWAGE DIS?CSr_'?
L- WHAT
L
t ( r
g. SIGNED AND DATED AGENT AUTHORIZ _TION LETTER, IF APPLIC =31I-
NOTE.': WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORDS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN T10 TW-LNTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA SCOASTALTATING
ACTIVITY IS CONSISTS
PROGRAM.
OWNE ' /AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
4D&TE

5
LEONARD S. RREDNEIL
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
July 12, 1997
Mr. Steve Lund
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 - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDEHNR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: The VineYBrd - ± 44 Acre Site. Charlotte Mecklenburg Coup% North Carolina - Nationwide
Permit #26
Dear Sirs:
On behalf of my client, Mr. inn Medall of Rhein Interests, I am providing you with the following information
concerning the Vmeyard for your consideration under Nationwide Permit 426. The project site is located in
rapidly developing south Mecklenburg County, NC. As depicted on the plan and in this report the developer
has taken great care in incorporating the wetlands and large pond as natural amenities on the site. Site
specific minimization efforts will also be conducted to protect the aquatic environment.
BACKGROUND
The proposed residential development is approximately 44acres in south Mecklenburg County, North
Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth especially
in conjunction with the Charlotte Outer Belt, which passes north of the site. A major development in the
vicinity includes Ballantyne which is a mixed -use development. An area is designated on the site for
proposed to be bisected east and west by the proposed Providence Road West Realigmmnet. This road
projects are manifested on the Charlotte-Mecklenburg Thoroughfare Plan.
Current land use in the vicinity is single.family subdivisions, however commercial areas are expected to be
built in the vicinity as the area develops in conjunction with new roads. There are approximately 5.36 acres
of jurisdictional surface waters and wetlands on the project site. Approximately 88% of the jurisdictional
waters and wetlands will not be impacted by the proposed development. 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.
The Vineyard, Page 2, July 12, 1997
Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
The wetlands will be protected by restrictive covenants and the hydrology to the remaining wetlands will be
maintained and enhanced by utilizing the storm drainage system which will increase their water storage,
pollution removal, bank stabilization, and aquatic life functions. To minimize eutrophication of the pond the
surrounding lots will be graded to prevent direct drainage from lawns. A wetland will be constricted at the
head of the pond to minimize siltation and remove pollutants. A natural buffer, silt fence will be provided
along streams and pond to minimize construction impacts during site grading
The following sections present the results of the environmental planning and regulatory reviews of the
project site and a description of the impacts and proposed minimization and mitigation measures. 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.
SUMMARY OF WATERS OF THE U.S.
Methodology
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine On-
Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to make
a positive wetland determination; indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual.
The wetland boundary was marked in the field by Leonard S. Rindner, PWS, Environmental Planning
Consultant and was reviewed and verified by the USACE (Steve Lund) on October 29, 1996. The approved
map has been used for planning and for permitting purposes.
General Wetland Classification and Deseri0on
The wetlands on this site can be describe as Palustrine Forested Broad - Leaved Temporarily Flooded and
Seasonally Flooded. They have formed in perched water table conditions, in flat to nearly level areas and
depressions over an extremely dense clay soil layer often typical of Helena soils (HeB). The wetland areas
occur probably within a Hydric Inclusion within VaB (Vance) Soils which have slow permeability. The
inclusion may be Helena Soils which are listed by Mecklenburg County as having Hydric Inclusions in
depressions and along drainageways.
Vegetation
A majority of the site is in a forested state in various stages of old field succession. The wetland areas are
generally forested. Species which occur in these areas include Willow Oak, Green Ash, Sweetgum, Red
Maple, Sycamore, Hackberry, Shumard Oak, Ironwood, and other typical species that tolerate these wet and
shallow root conditions. Common understory trees and shrubs include boxelder, bush dogwood, privet,
winterberry, and alder. Woody vines include poison ivy, and greenbriar. The herbaceous layer is variable
based on exposure to light. Species include sedge and rush species, jewelweed, eulalia, and others.
The open and disturbed areas are dominated by herbaceous plants. These include power line right of ways
and old road clearings. These have been periodically mowed and are dominated by pasture grasses and
perennial herbs including broomsedge, goldenrod, and bush clover. Other areas have been undisturbed for
longer and are in transition to dominant species such as blackberry, greenbriar, redcedar, pines, and saplings.
The open disturbed wetland areas include primarily soft rush, sedges, and cattails in deeper ruts.
The Vineyard, Page 3, July 12, 1997
Mr. Steve Lund - USAGE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is characterized
by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas may have a
predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly pine, with
eastern redcedar. Hardwoods include sweetgum, red maple, beech, red oak, white oak, tulip poplar, hickory,
and other common species. The subcanopy contains saplings and seedlings of canopy species. Pines are not
usually found in these areas because of the low light conditions. Other subcanopy species include black
cherry, American holly, dogwood, ehn, and privet. Woody vines common in the understory include poison
ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National List o Plant Species That Occur in
Wetlands Southeast (Region 2). US Department of the Interior, Fish and Wildlife Service.
Hydric Soils
None of the soils are listed as Hydric according to the National List of Hydric Soils_ 1991- however
inclusions of hydric soils occur with HeB soils in depressions and level drainage ways.
Hydrology
Water Classification - C
The pond, wetlands, and streams are headwaters of McAlpine Creek which are part of the Catawba River
Basin and currently classified a Class C - aquatic life propagation and survival, fishing, wildlife, secondary
recreation, and agriculture. Wetland hydrology is provided by a surface runof y overbank flooding, seeps,
and springs over a clayey subsoil.
JURISDICTIONAL WATERS AND WETLAND DESCRIPTION
1) "A" -Pond (PUBM) and Fringe = ± 4.09 acres
2) "B" -Wetland (PFOIA) 0.41 acres
3) "C" -Wetland (PFOiA) =± 0.16 acres
4) "D" - Wetland Areas (PFOlA) 0.04 acres
5) "E,G,H" - Wetlands Areas (PFOlA/PSS1A) =± 0.45 acres
6) "F" -Wetlands Areas (PFOl A/PSS 1 A) = ± 0.03 acres
7) "I" - Wetlands Areas (PSS1A, PEM1A) disturbed = ± 0.12 acres
8) "J" - Wetlands Areas (ESSIA- PEM1 disturbed =+ 0.06 acres
Total Jurisdictional Waters" _ ± 5.36 acres
"'Approximately .25 to .30 acres of "B" is within the proposed Providence Rand West ReAligmmnet
Summary of Results of Preliminary Discussions with USACE and the NCDWO
The USACE suggested along with NCDWQ that impacts to Wetland Areas "B,C,D,E,F,G,H" be avoided to
the extent feasible as these are adjacent to intermittent streams and surface flow. They are the most valuable
wetland areas on the site utilizing Guidance for Rating the Values of Wetlands in North Carolina - Fourth
Version. The values are derived primarily from water storage, pollution removal, and bank stabilization.
Area J and I have been previously disturbed. The nearly 4 acre pond was determined to be a significant
aquatic resource and impacts, if any should be minimal.
The Vineyard, Page 4, July 12, 1997
Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
PROPOSED IMPACTS
Impacts to Jurisdictional Waters on this site have been avoided and/or minimized to the extent feasible.
Impacts to wetlands are limited to the following:
1) "A" - Pond (PUBHh) and Fringe = ± 0.90 acres
2) "B" - Wetland (PFOIA) =± 0.00 acres
3) "C" - Wetland (PF01A) =± 0.00 acres
4) "D" - Wetland Areas (PFOIA) =± 0.00 acres
5) "E,G,H" - Wetlands Areas (PFOIA/PSS1A) =± 0.00 acres
6) "F" - Wetlands Areas (PFOIA/PSSIA) =± 0.00 acres
7) "I" - Wetlands Areas (PSSIA, PEM1A) disturbed =± 0.12 acres
M "i" - Wetlands Areas (PSS1A. PEM1A) disturbed = + 0.06 acres
Total Jurisdictional Waters Impacted* _ ± 1.08 acres
Approximately .25 to .30 acres to Area "B" will be impacted by Proposed Providence Road West Re-
Alignment
WETLANDS PERMITTING AND MITIGATION
Preliminary planning for Vineyard 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. Minimization and mitigation measures were developed based on discussions with the USACE,
and the NCDWQ. 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 Minimization, and Mitigation
- The largest impact is to the surface area and fringe areas of the existing pond. The proposed pond
will be reduced from 4.09 acres to approximately 3.19 acres. Water quality impacts from the development
will be enhanced by creating a wetland areas at storm water discharge points. Lots will graded in such a way
to avoid direct lawn drainage into the pond. Lawn drainage will follow a swale and discharge into wetlands
and forested areas to allow the nutrients to be utilized by the vegetation and minimize eutrophication of the
pond. The pond will also be stocked with carp to consume excess algae.
Impacts to streams are limited to 490 If of a channelized intermittent drainage way in which the
primary hydrology source is storm drainage from community House Road. Stream areas associated with
wetlands, seeps, and springs, have been avoided. Storm drainage will outlet into the wetlands below this
impacts to maintain wetland hydrology and treat/filter surface runoff. The discharge will be spread and
velocity will reduced to less than 5 cfs to prevent erosion.
Wetland impacts are limited to approximately 0.18 acres to previously disturbed "rutted" wetland
areas.
The Vineyard, Page 5, July 12, 1997
Mr. Steve Lund - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
The following avoidance and minimization efforts and measures will also be taken:
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands to be preserved will be clearly marked prior to construction to prevent accidental 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) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery.
h) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
i) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
PROPOSED COMPENSATORYMITIGATION
A mitigation plan will be developed for a "no net loss" of wetland habitat, value, and function to the extent
feasible on this site. The gel, of this plan is to preserve, protect, the extents of the existing wetlands and
streams.
Mitigation W11 include:
1) Development of wetland areaz at the stormwater discharge into the pond of approximately 0.15
acres.
2) Removal of soil disposal by others adjacent to Area "D". It is expected that this area will become a
restored wetland of approximately 0.20 acres.
3) Minimum 25' natural buffer consisting of existing woodland along streams. The buffer area will be
protected by silt fence. Clearing required for utilities in the buffer shall be the minimum necessary. A
natural/native grass mixture shall be utilized in lieu of turf grasses such as fescue.
Employment of strict erosion and sediment control procedures will be specified to avoid impacts to water
quality. 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 silt fence will be utilized as necessary.
The Vineyard, Page 6, July 12, 1997
Mr. Steve Lund - USAGE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
The detailed plans will include:
1. Description of Proposed Mitigation Areas
2. Methods of Construction
3. Grading Plan & Storm Drainage Plan
4. Planting Plan if required
5. Monitoring Report
6. Schedule
These mitigation areas will be constructed concurrently with grading operations involving permitted wetland
impacts.
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
Planting of the proposed wetland areas will be selected from the following list:
Scrub/,Shrub
Alnus semdata.
Cornus amomum
Salix'nigra
Bottomland Hardwood
Diospyros virginiana
Quercus species
Herbaceous
Betula nigra
Ilex decidua
Viburnum species
Frax. pennsylvanica
Taxodium distichum
Cephalanthus occidentalis
Lindera benzoin
Others as approved
Nyssa sylvatica
Others
Zone I Wetland areas in temMrad& saturated soils or subiect to occasional and brigf'imn 'on
Agrostis alba (Red Top) Polygonum spp.(Smartweed) Carex species (Sedge)
Juncus effusus (Soft Rush) Eleocharis spp.(Spikerush) Leersia sp. (Rice cutgrass)
Zone - Wetland areas gone to persistent flooding or pan&ng
Moist to 1 Foot of Water
Three Square Bulrush
Sedge species
Shallow Water Plants
Sweet Flag
Pickerel Weed
Creeping Spike Rush Soft Rush
Lizard Tail Others
Arrow-Arum Duck Potato
Others
The Vineyard, Page 7, July 12, 1997
Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
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.
PLANS AND MONITORING
Detailed plans for the mitigation areas will be further articulated from the plans included in this document.
These plans will be submitted to the USACE and the NCDWQ for approval. Plans will include :
Site Preparation Requirements
Vegetation Requirements
Tracking and Monitoring Requirements
A monitoring program will be developed to monitor the mitigation areas to include:
yegemnon raramerers
Species Composition and Abundance
Survival
Growth
Monitoring of vegetation will be conducted on a semi-annual basis for five years according to the following
general procedures.
A. Measure growth, species diversity, advise on removal of invasive species.
B. Establishment of a representative sample observation plot of at least 30' radius to record the
number and species of each surviving woody stem and the percent aerial cover of the three most dominant
species.
C. Within the 30' radius area, a 10' radius area will be established to record the three dominant
herbaceous species.
D. Periodic site visits will be conducted for maintenance, aesthetic purposes, and possible
modifications to increase survival rates.
E. Recommendations regarding planting enhancement, if necessary.
E. Field data will be recorded on a monitoring data form and submitted along with representative
photographs in a annual monitoring report. This will be submitted to the NCDWQ and the USACE . At the
end of the fifth year a report will be prepared for review and to determine the need for future monitoring or
modifications.
ftotina
Annual Progress Reports will be prepared which summarizes the data collected in the field and notes trends.
Photographs at fixed stations will be taken to document the trends and changes occurring at the sites. These
reports will be furnished to the NCDWQ and the USACE. After the fifth year of monitoring, a summary
report and as-builds will be fiimished to the USACE and NCDWQ for review and discussion regarding
compliance of the project with conditions of the permit.
The Vineyard, Page 8, July 10, 1997
Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
Success Criteria
The data collected during the monitoring period will be utilized to evaluate the success of the mitigation
areas. The success criteria will be as follows:
Soil saturation within 12 inches of the surface for a minimum of approximately 12
consecutive days during the early part of the growing season.
Establish at least one hydrology indicator per the 1987 USACE Wetland Delineation
Manual in the sample plot or match adjacent riparian habitat surroundings
Establish at least one hydric soil characteristic or match adjacent riparian habitat
surroundings.
These vegetative, soil, and hydrological characteristics must be met to determine success of the wetland
mitigation sites. If the mitigation is determined to be unsuccessful the following one or more of the following
contingency plans will be implemented.
1) Selected re-installation of vegetation, thinning, and/or acceptance
2) Hydrological modifications or manipulation and/or
3) Off-site mitigation sites.
Schedule
Grading and installation of water control structures where applicable will be conducted concurrently with
project construction. Vegetation planting and installation is expected to be conducted in the dormant season
of January-March and spring for herbaceous materials. A more specific schedule for construction will be
submitted to the USACE and the NCDWQ in the future.
PROTECTION FROM FUTURE DEVELOPMENT
Upon completion of construction of the mitigation sites as - built drawings will be prepared. The survey will
include:
boundary of each area
- finish grades
- location of monitoring stations, and sample plots
- drainage control features
- etc.
The preserved and created wetlands and ponds will be protected from future impacts by the applicant or by a
group designated by the applicant for this purpose. Development of these areas will be deed restricted in
accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ.
Restrictive Covenants will include the following information:
The area shall remain in its natural condition in perpetuity
Acreage of wetland preservation area and created wetlands
Prohibition of the placement of utilities unless approved by regulatory agencies, filling, dredging,
construction, or other activities.
A permanent easement for the purpose of constructing, monitoring, and maintaining the mitigation
area and preserved wetlands.
Obligations if monitoring indicates that the area has not met the 1987 U. S. Army Corps of
Engineers Wetland Delineation Manual criteria.
The Vineyard, Page 9, July 10, 1997
Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
THREATENED AN ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzu), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of successional fields, margins, and forested
openings. Portions of the site are currently in old field succession and secondary succession. Based on soil
types it was determined that this site may be conducive to the presence of Schweinitz's sunflower. The site
will, be sun=ed by a biological consultant such as Dr. Tim Matthews and/or John T._ Soule of HARP.
Based on their oortt (attached) Schweinitz's mower was not present
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in nuns along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams - Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
CULTURAL RESOURCES
The project site is disturbed from clear-cuttiing, grading, and agricultural activities and is in early succession
with pockets of forested areas in wetlands. There are no indications of any existing structures on the project
site or adjacent areas. USGS maps inspected at the Office of State Archaeology and the Survey and Planning
Office did not indicate the presence of previously identified archaeological or historic structures on this site.
AQUATIC HABITAT
The aquatic systems in the project area consist of headwater wetlands, intermittent tributaries, and ponds. A
variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control plan
will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. Short term construction impacts, primarily stream
sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to promote
rapid recovery. Project construction will strictly adhere to an approved sedimentation and erosion control
plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic life
such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened. Aquatic resources are
expected to be enhanced through the restoration of wetland areas that flood and pond for longer durations.
The Vineyard, Page 10, July 12, 1997
Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
CONCLUSION
The approximate 44 acre residential development has been designed sensitively to balance the site's
economic viability with its environmental value. The goal of the Site Plan and Mitigation Plan is to help
balance the environmental consequences of this development by 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 system of high value.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely
io S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect 4578
cc: Mr. Tim Medall - Vice President
Rhein Interests, Inc.
5250 77 Center Drive, Suite 350
Charlotte, NC 28217
1-704-527-2333
Marc Houle
Yarbough-Williams & Associates
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HABITAT
ASSESSMENT AND
RESTORATION n
PROGRAM .-.----'--
JAMES F. MATTHEWS, Ph.D.
T. LAWRENCE MELLICHAMP, Ph.D.
P.O. Box 655
Newell, NC 28126
[phone]
[phone]
fax: [phone]
October 22, 1996
Mr. Leonard S. Rindner
Landscape Architect and Environmental Planneer
7113 Hickory Nut Dr.
Raleigh, NC 27613
RE: Property W of Providence Rd. West and N of Community House Rd.
Dear Len:
We have surveyed all the open areas and other potential habitats on the property
west of Providence Rd. West and north of Community House Rd. for the presence of
Schweinitz's sunflower, Helianthus schweinitzii and for the Georgia aster, Aster
georgianus, Nestronia, Nestronia umbellula, Heller's trefoil, Lotus helleri and the Tall
larkspur, Delphinium exaltatum. The survey work was done on October 16 when the
species could be identified if present.
There are four soil types on the site: Appling, Cecil, Vance and Monacan.
Particular attention was paid to the vegetation on the first three types.
A population of Aster georgianus was found on the west side of the lake bank,
consisting of 75+ stems. This species is a Candidate species and has no legal status. Since
the site will be developed, we propose that the plants be moved to the Anne Springs Close
Greenway Prairie site in Fort Mill, SC. This prairie site is being developed to receive plant
material that may be destroyed by development. Although there is no legal reason to
organize this rescue, the population will have to be reported to the USFWS and the NC
Natural Heritage Program. A "good neighbor" attempt to preserve the population will be
a positive move.
There are no other populations of any of the other species observed at the site.
The site is a combination of overgrown fields, mid-to-late successional pine stands, some
bottomland hardwood with mixed hardwood communities on the slopes. One lake is also
present and there is a church building on the site.
Habitat Analysis, Endangered Plant Studies, Restoration of Habitats, Wetland Mitigation, Monitoring
22 October 1996
L.S. Rindner
p. 2
If you have questions regarding the survey, please do not hesitate to contact us.
Sincerely,
. Matthews
J T. Soule
N

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John Dorney
From: Parker, Michael [[e-mail]]
Sent: Monday, September 08, 1997 12:41 AM
To: John Dorney
Subject: RE: "The Vineyard" DWQ project # 970645
From: John Dorney <[e-mail]>
To: Parker, Michael<[e-mail]>
Subject: RE: "The Vineyard" DWQ project # 970645
Date: Mon, 8 Sep 1997 08:32:02 -0400
I assume you got my explaination for this confusion. I have not heard whether it is okay to issue.
Please advise. Also when does the parlay begin tomorrow with COE?
The only things I might add to this project is the need to have some type of an energy disapater
on the SW flow coming from areas J & I.
Also there needs to be a vegetative buffer maintained around the pond to handle runoff from
construction activities.
I believe I told Samar to tell you 9:00, however, after looking at my schedule, I originally planned it
for 10:00 to allow for travel time. Therefore, plan on being here by 10:00 (this will give you
another hour to sleep!). Also bring lots of money and an appetite. We'll probably go to one of the
gut-busters in Town to eat lunch (don't want you to go home hungry). See you tomorrow...
If you have any questions, please advise.
Michael L. Parker
Mparker@ mro.ehnr.state.nc.us
John Dorne
From: Parker, Michael [ts19w480mro.ehnr.state.nc.us]
Sent: Monday, August 18, 1997 2:11 AM
To: johnOdem.ehnr.state.nc.us
Subject: "The Vineyard" DWQ project # 970645
The other day I received a copy of the approval letter for the
subject project. Normally, this doesn't raise much concern, however,
in this case, WE DIDN'T GET A CHANCE TO COMMENT ON IT BEFORE IT WENT
OUT!
Let me back up for a moment, we received Len Ridner's advance copy
of the subject project on July 21 st. While investigating another site
with Len, I went by and walked the Vineyard site with Len and
discussed concerns/changes I felt were necessary. I told Len as soon
as I received the acknowledgement of the project from Raleigh, I
would prepare my comments. This never came. About a week or so ago I
had a voice mail message from Eric to call him about the project. I
sent him an E-mail letting him know that we had not gotten an
"official" notification from Raleigh that the project had been
received (logged in). On August 7th I received Eric's monthly "Nasty
Fax" advising us of projects that are in-house, but no regional
comments submitted. "The Vineyard" was not on the list. Then on
August 13th we get our copy of the 401 approval letter.
John, it is our standard practice to not write up our comments until
we get your draft memo acknowledging receipt of the project and
assigning a Permit number. Under no circumstances should this
E-mail be construed as "finger pointing", however, with what has
happened to this project we need to find a way to make sure that
future projects do not slip through the cracks in our tracking
system, especially if there are serious concerns with what is being
proposed by the applicant. Fortunately, Len Ridner prepared this
package so I am sure the best interest of the environment and WQ was
considered.
What would be most beneficial and would be the easiest to assemble in
a short period of time would be to establish a web page or some
retrievable site where we could see what projects are in-house and
their status. If this is not yet available, perhaps you could send us
a list of MRO projects once a week by E-mail as an attachment file
using Excel or some other database format. We do this now on occasion
with the Central Office with other Permits we review. In any case, it
would be very helpful to know if a project has been received in your
Office and what the status of the project is at any given time.
We can discuss this further at the upcoming MRO/Lab/COE meeting if
you like (don't forget lunch is your treat!).
Michael L. Parker
[e-mail] ?b
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
IT
C) EHNR
September 9, 1997
Mecklenburg County
DWQ Project # 970645
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Jim Medall, V.P.
Rhein interests
5250 77 Center Drive
Suite 350
Charlotte, NC 28217
Dear Mr. Medall:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.18 acres of wetlands and 0.9 acres of waters for the purpose of constructing a residential
development at The Vineyard, as you described in your application dated 18 July 1997. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification Number
3108. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of
Engineers. 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 Certification replaces
the one issued on 5 August 1997.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and you may be required to send us a
new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. An energy dissipation device shall be installed for the stormwater flow from areas J and I to prevent
downstream erosion. An undisturbed buffer of at least 25 feet shall remain around the pond during
construction to reduce impact from sedimentation. Deed restrictions, conservation easements or similar
mechanisms shall be placed in all lots with remaining jurisdictional wetlands and waters to prevent future
fill. These mechanisms shall be put in place within 30 days of the date of this letter.
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.
Sincerely,
etonoward,r. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
Len Rindner
970645.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recyckKV10% post consumer paper

State of North Carolina
Departmbnt of Environment,
Health and Natural Resources
Division of Wester Quality
James B. Hula, Jr., Govemor
Jonathan 8,.'Howes. Secretary
A. Preston Howprd, Jr.. P.E., Director
August 5, 1997
Mecklenburg County
DWQ project # 970645
APPROVAL of 401 Water Quality Certificaeton ana ADDITIONAL CONDITIO S
I& Jim i rkdall, KP.
Rhein interests:
5250 77 Center Diivt ?
U40-
Suite 350 10'. 1
Charlotte. NC 28217
lid
Dear W. Medall:
-.''Yomhavwbttvappr? in•accuse wi?la?-tla4ttacIt ed.conditionsand-those i f ei p ` Ali"I
material is 0.18 acres of wetlands or waters for the purpose of Constructing a residential development at
The Vineyard, as you described in your ap plication dated 18 July 1997. After reviewing your applicatiou.
we nave deciddd that this fill is covered by General Water Quality Certification -Number 3108. This
cexification allows you to use Nationwide Permit Number 26 when it is issued by time Corps of Engineers, '
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 Stormwamr, Non-Discharge amd• :
Water, Supply Watershed regulations. This approval will expire whan the accompauyilig 404 or LAMA
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your applicatlott exc.opt
as modified below. If you change your pxglect, you must notify us and you may be requk6d. to.stnd•us a
new application. If tgtal wetland ft11s for this project (now or in the future) exceed one acre, COM04hatory.
midgatfon may' be :required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to• be • '
valid. you.mim follow the comlitions listed in the attached cerdfictition and any additional cottditinfis listed
below. Deed restrictions, conservation easements or similar tawlavisms shall be placed in -alt:loavith.
within
remainio g jurisdictional wetlands and waters to prevent future fill. These mechanisms shall be put m place
vKithin 30 days of the date of this letter-
If you do not accept any of the conditions of this certification, you may ask for an adjudicatary '
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hoarlar, send a
written petitiori;which oodorms to Chapter 1509 of the North Carolina General Statutes to the Office of
Adt1lbWtzzive Bearings, P.O. Box 27447, Raleigh, N,C. 27611-7447. This ceartiftcadon and -its noudidott:t
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 bavc auy questions, please telephone John Dotney at 919-733-1786.
4
Sincerely,
Annahment
cm
w s ? .aip acxa
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Division of Water Quality • Eavirpn rda) lances Branch ri
Etvironmtmtal Sciences Sranch, 4401 Reedy Creek Rd.. Raleigh. NO 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affiffn ive Aodon Employes • W%% recycl l(Me =tamer r
7
Wiltniuatm District Corps of Engineers
Corps a Fu&cers Asheville Ficdd O#Ii
Mooresville DWQ Regic aal Office
Mr. John Dorney
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WETLAND AREAS PRESER•
DRAINAGE FROM LAWNS DIRECTED TO WETLANDS AND
`.. FORESTED AREAS.
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WETLAND AREAS TO -BE CREATED AT STORM DRAINAGE
DISCHARGE AREAS 1 rnr_ ?I,- I
EXISTING POND AREA AND FRINGE TO BE RLLED
OR MODIFIED-0.90 ACRES I J
REMAININING PONn AREA-t3_19 ACRES 1
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'Phe Vineyard, Page 3, My 12, IM
Mr. Steve Lund - USACE, Mr. John R. Donal, Mr. Mike Parker ? NCDWQ
Request far NWP 26
The non wedaad forested areas of the site are dominated by mixed forest. The hewd Forrest is characterized
by a mixture of canopy species of pines and hardwoods. Small areas wid iu show forest areas may have a
predotthwee of One or hardwoods. Pines incinde ehortleaf pine, Virginis'pine, and loblolly pine, with
eastern redcedar. Hardwoods include sweetguro, red maple, beech, red oak, white oak, tulip poplar, hidwxy,
and other mm a species. The subcam" contains saplings and seedlings of conopy species. pates are not
usually found in these areas because of the low Hght conditions, tether subcanopy species include black
cherry, American loony, dogwood, elan, and privet. Woody vim common is the tsxdcmexy include poison
ivy. muscadine grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been iden0ed according to the National list- off' plant Spares That Gcxv_r in
=lads- southeast ft on 21 us Department of the Interior, Fish and Wfldlife Service.
Hydric soils
None of the soils are Bated as Hydric according to the Nation 'l,jg gJ H) &c Soils_ 1991, however
1ndUdM of hydrio soils occur with HeB soils in depressions =4 level drainage ways.
HHydrolagy
WA= Classidt:ation - C
The pond, wetlands, and streams are headwaters of MoAlpiao Creole whicb are part of the Catawba Rivet
Basin and currently classified a Class C - aqua pagation and survival, frshing, wildlife, secondary
recreation. and re. W is pro ad b n o overbank tlooxlixrg, seeps,
era a clayey I
RLSDIMONAL WATERS AND WETZAND DESC,BI, I01V
1) "A° -Pond (PUB11h) and Fringe = ± 4.09 acres
2) -8- - Wetland (PFOIA) 0.41 acres
3) "C" - Wetland (PFOIA) 0.16 acres
4) "D" - Wedcad Areas (>?FQIA) - ± 0.04 acre's
5) "E G1i" - Wetlands Areas ('P'FdIAMSMA) ± 0.45 acres
6) "F" - Wetlands Areas (PMIAIPSSIA) 0.03 awes
7) "I" - Wetlands Areas (PSSIA, PEMIA) disturbed = + 0. i2 acres
1) "J"- Wetlands Ames (FSSI& PEMIA)istu §d =+ 0.06 Roes
Total Jorbdltdoniil Wsten* - ± 5.36 acrex
.25 to -30 acres of "B" is within the proposed Novldence Rand West
The U5ACE suggested along with NCDWO that impacts to wetland Areas "B,C,D,E,F,G,H" be avoided to
the extent feasible as these are adjacent to intermittent streams and anface flow. They are the most valuable
wetland areas on the site utilizing Guidance for Rating, the Values of Wetlands in North Carolina - Fourth
Version. The values are derived primanfly horn water storage, pollution removal, and hank stabilization,
Area J and I have been previously diabobcd. The nearly 4 acre pond w4s de:terxitined to be it significant
aquatic resource and impacts. if any should be nwtimal.
The Vineyard, Page 4, J* 12, 1997
Ms. Steve Lund - USAGE, Mr. John R Dorsey, Mr, Mike Parker - NCDWO
Regoet for NWP 26
to Jurisdictional Waters on this site have been avoided andfor minimized to the adept feasible,
to wetlands are limited to the following:
1) "A" - Pond (PUBHh) and Fringe -= 0.90 am
2) "B" - Wetland (PFO IA) _ ± 0:00 acres
3) "C" - Wetland (PFOIA) - a- 0.00 acres
4) "D" - Wetland Areas (PFOIA) = + 0.00 acres
5) "E,Gjr - WetlaWs Areas ffOIA/PSSIA) = ± 0.00 scres
5) "F" - Wetlands Areas (PVOIAMSSi.A) = + 0.00 acres
7) "I" - Wetlands Areas (MIA, FEMXA) disturbed =; 0.12 seem
0. " 2" . w' [PS MA, PENIA1 disturbed = + 0-06 stores
Total Jurisdictional Waters impneted" = ± 1.08 acres
Approximately.25 to .30 aerss to Area "$" will be impacted by Proposed Prvvidearce Road West Re-
PERtM T1WNGA' D
Prefim:nery p4myiing for Vineyard project involved site a+xalysis and consideration of aivirownental,
economic mid regulatory issues. Topography, natural features and systems, ciroAatiarr, site organisation,
open space, development requirennents, and environmental issues were considerations in desigi tg the
overall plan. Mirdmus;tion and miti0on measures were dowdoped based on discussions with the USAGE,
and the NCDWQ. The plant and commitments made In this report reflect a positive responso to the
preiinitawy discussions, detww;xwtions, and concerns of the regulatory agencies. Except far t"oraxy
corimuction and development impacts, we believe that the proposed project will not cause signifeant
impacts to the ecological functions or values Of Judwictionwl Waters of the U.S.
The largest impact is to the anfface area and ffinge areas of the existing pond, osed o
wf be reduced from 4,09 s to a w)drnately 3.19 acres. Water uah im. acts from the eve oprmw
creatttt gees at orm water ae tloomts, ots wol to su a
z' 'lamforest aresr x ow t e nuo be utilized by the vegetation and minimize cutrophicadon of the
pond. The pond will also be stocked with carp to consume excess algae.
Impacts to streams are limited to 490 If of a chamrelized intermittent drainage way is which the
primary hydrology source is storm drainage from Commurdty House Road Stream areas associated with
wetlands, warps, and springs, have been avoided. Storm dminW will outlet into the wcttaods below this
iml)" to n mintain wetland hydrology and AW6hA.V=3
vocrty o ess than to prevent erosion,
- . Wetland impacts are tin itod to approximately 0.I8 acres to previously diatiudW "rutted" wetland
areas.
The Vim"ard, Page 5, July 12, 1997
Mr. Steve Lund - USAGE, Mr. John R, Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
The following avoidance and minimization efforts and measures will also be taken:
Bat Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These vv}ll
include:
a) Siltation. Barriers; Sediment Traps and Oversion Ditches
b) Banricades to define oonstxuctibn lirrtits to sensitive sites and to protect trees
c) Preconsttuction meetings
d) Vehicular access wilt be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
C) Methods to prevent short term impacts will be inspected regularly and maintained during
construction, of the project.
ID 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 a=r4itlg to plans and specifications. Preeonstluction meetings shall be held if necessary
with representatives of the USAGE and the NCUWQ.
g) Short term construction impacts, primarily stream sediniv tation will affect aquatic habitat,
however this will be xninitatixed to the extent practicable to promote rapid recovery.
h) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erasion Control
stmctures where appropriate, Impacts from bawdous materials and other toxins to fish oxAd
aquatic. life such as fuels will be avoided by not perm tftg staging areas to be located near surface
waters.
i) As required by the 401 Water Quality Certification conditions, measum will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
PROPOSED COMPENSA TORY MM(74 TION
A mitigation plan will be developed for a "no not loss" of wetland itat, value, and futretion to the eaten
feasible on this site. TP _ of ttl s4an is to preserve, prot the enu-ffl tTiINpdsti et ds and
Madgation swill include.,
l) Development of wetland areaz at the stormwater discharge into the pond of approximately 0.15
acres,
2) Removgl of soil dispasai by athem adjacent to Area "D". It is expected ttrat this area will become a
restored wetland of approximately 0.20 acres.
3) Minimum 25' natural buffer consisting of eusting woodland along streams. The buffer area will be
protected by ailt fr„ace. Clearing required for utilliles in the buffer shall be the tYlWi nurn necessary. A
naturW/nativa gnm mixture shall be utilized in Neu of turf grasses such as feline.
of strict
water
quaW Eris -?o?etlaad?atiif surEW waters and buff!-&m will be protected from erosion and
sad nicritatlen during cortstntctlon and installation of the mitigation sites. Control structures such as
sedimentadon•traps, siltation barriers, and/or at a zaatimum silt feAce will be utilized as necessary.

Environkaeatal Planning consultant 71>I3 lH'ickvrjrI'1n6:Drlve .
La?espe:A? ltdeigh; ht'?;ii6t3
Land Planpiag (914) ls7(i?9t9i
Date: August 10, 1997
WhMA
To: John Dorney
PrOM: Lon Itindnor
Jahn:
Thank You f >t your approval of the pezmit applim im
Please find attached excepts from our permit appkcation report describing mitigation -and stop iv er quality
treatwas. WO workci closely with Roe LMVI ie and he was very supportive of our. apprnad'to .the
st*Mwater #VW=Od, Jokm Thomas of the USAGE also ounditioncd the NW? #26 to inoude the prpposed
minhWzatiol natigadon nwas nu indicated in.the Vplimtjan,
.... No iMpacts are proposed to the 6 to F wide creek along the rear property- line,
creep wiU be protected by a minimum 1.QQ'... non-devAgXMgitt but=., jtirisdiiC£ioijal .
waters which will not be disturbed will be protected during construction from 4Agc
due to comtzvMon traffic, drwriw and other forms of ditstwrbanee".
The foUbwing stoximwater management facilities and mitigation; metaS are
faeilities swe proposed. lbac . aa a review on he -site with win. 'f:honms.. of the
"•.. It is. 8 idlpertwit to Sete that the paved areas eit this :site are. mod, mneh *oft
sporadicagy 'with this type of commercial me in contrast to a retail . estabtisbmteut
thereby roduting the poteatial pollation is first Mob runoff'
1) Mini nbation of impervious area ou-site, to the extent feasible,
,r... 'Thy. JWW am Of HURMaM 91 n,Rl' t tel. M. -is 4501LIVIC°* of the rrmaininor -55%
lawn clomficals.-M,aR da. hethicidt.l ,gtld, fertilizers
2) Streaw'Reloention and Creation,
...... Re-establishing a natural vegetated channel with rip rap jointing, nstuW planting and
tat?d
other methods to dissipate velocity and create pools and riffles. The 1arY€62
vi JMn -to a stone
as mv)J as, ohm on-site storm dminaga -; 'It flow fg a VIUAW =I and
level snreacler_ Th= mdll =cad storm atinase event aver 11 Aft l lw a
fomaed_area. for trreUment It is erected that substantial portions of the floodplain area
will be restored to wetlands. Storm dr_a inagc from the exi 'ng and ttttgtly stahle
3) On-Site Wedand Crutien
°.... It is erected that with increased frequency and duration of saturation fronn
stmmwater runoff that several pockets within the floodplain will be restored or enhanced
adequately to become jurisdictional wetlands. This observation was made with the
assistance of Ron Linville of the NCDWQ. This will be a.acomplished by director;
stonmwater to Mesa areas to these areas as well as for stormwater treatment. The water
will be diffused utilizing plume pools, level spreading devices, and/or other methods to
roducc discharge velocity. .... it is expected that with increased saturation some
vegetation my sutl"cr, suet, as eleaginus, privet, honeysuckle, as well as other upland
species. However it is erected tl*t willow, gren ash, alder, and oft r herbaceous
species would succeed natoally.
MM-, 510AMWA' IL MA NAGEN IM PLAN
"_._ the developer proposes utilizing the non-wetland floodplain and a 100' buffer and
filter strips to treat runoff while preserving the mature forest habitat to the extent feasible
and to potentially create/restore stonn drainage wetlands as the p*mary treatment
system. "... the reduction of erosion and pollutants occurs through natural mwhanisms
such as deposition, infiltration, adsorption, absorption, filtration., and decomposition.
/Natural forested areas have the capacity for collecting and storing nutrients and the
canopy protects the soil from erosion".
Please let me know if you have any questions or fi *er explanation. We worked closely
with Ron on the design. He also expressed to me that his comments to you were
favorable. I also believe that the design is positive in tenons of water quality and
environmental protection.
Thanks,
Lou Rindner

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MITIGATION PLAN
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Guilford Couaty, North Carolina
Leonard S. Rlndner, PWS
Exhibit 9 OF to
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L"Aard S. Rindner. PWS
Exhibit ! 1 9F 40
Date : April 28, 1997

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MorningStnr Milaki toragQ
W t 1 I , 1 Guilford CQUntY- ,North Carolina "gQ
Leonard S. Rindlt Ir, PWS
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Exhibit lW OF 240
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?`. ', Date : April 28.1997

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'. Morningstar Mimi-storage
' Guilford County, North Caroun c • ~.,c .. `' x ? ;I ,, , _ _.. ? ? _ ?. y,
Leonard mot!'. ? ? r. ?'`•:: a' f? ? Madam Madam X'W3 U. ?
La 2."
Exhibit I44 VF 7-0 .-,
J +* It \` `?? rt Z.
Vatr : April 28° 1997 `"" 4 ~`'•, '` '? ' ?r r f' •?' 1 ,r
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. 07131/1997 12:41 19198727716 MORNINGSTAR ATLANTIC PAGE 91
State Of Noah ,Qpm*na
D:pa"rn ' did Envlfonm?nt,
Hea#fh and Naturt?l Resc?urct?s
Diviftn'Of Wtw Qtdi#y
James B. Hunt, Jr...eovernor
JOhOthtm S. How. W, Secretary
A. Ptaat" r,towarer jr_ p,6 Rtreretor
NEW
?EHIVR
• 1a11r 17. 199^!. •
Cmilfard County
DWQ Project # 970455
APPROVAL of 491 WmW QmsQq CewSOLm iogt and AD1DMU1?iAL CQMrMfq$
mr, miabsol Habig
MorningsW Group Ibe.
10833 Monroe-Road
MaeMumN NC 28105
Dear .Mr. Habig:
.: ? .. :?':«.:. •• ,,c•aeedrdts3ci; witli<'i??Atrae}ied?i:ondl?ons" d .• •. ,'?,,?? ? ?• .
;?;'''' Vii.:. An tlibsel?a?daZi9lWbrv;'??O••°'l?i?";,;.?,?:,:.•,t,. ;.
4.19 aCreyt of wctl ? rvwaters for do p of commcrGiBl fi11 at (3m=bocm, NC, as you wWbod in
votV aq?luarion dated. 2tu May 1991., After revit win rots: ?pp? 0, in have decided that this i ul Is
covered by'Cloaerel ?pAtdt Qnaktty Caldflcsltcxh Nt? 3108 Tla cerdficatim allows you to use
N);wida Pprallt l timthar 7.fi whoa at is isstted try rba Corps of Om m. In adtiltion, You ehotilQ
any vtltee tetleral. siaad ax local pet>xats befina roll $0 8bt ttd with ON Pm. imul ing .ftt not lirttated
ro Srdltsteue and Fro><toa Conttni, Goaetai 3torltsMater. IYaA-l7l ttttrge and amet Supply 1'affeed
re atiolte. This' alipteval veil/ expl:e wlteo ti+e aoaoatpseayle$ 40? or CAMA parmit oxpirse unlvas
oterrrise apce}md the tat nerai Cgrt#tlcAtton.
"Tale 8ppravdl -i's ottly valid for the Pmpost and design ohs[ Ym dexatlbed in mg HdAt.too ekcq*
as rnaotriect idw..1f you change pour. MR.. you moat ttdtify us Pad yon mal? be =•.eo smtd us a
new apptit adon_ If total wetland fills'fer dim mo (now of in dw fdlmm) gtcved ono me, FG?OII3aUQY
mWFdon miy bar roguing! as described in l5A l'AC 2H-Z% (h) (6) and (7). For lids Op t"i; too, lx•'
valid. yvtt :oust fullbw *0 Conditions listeq in life athrAe i• Ct' pn mid any 4Mti*W dgddid1*1.HdW
below. Deed reStticiioas: conservatiaa ememntt er simelm nw0bsniama shall the placed W all Iota-with '
mmainiu lnrisdibtitmal we0mids ad wacem to preveat ftt4lxe fill. 'Yht" machmisms 9hWl be'put'in plate
Within ??) eiays of the dare of this Letter. Wetlatti tmtipion sftan be conducted ss d?gjd:ibed in how '
a{rpU=tna,: Au additional comutiun is that i fixxxt. *nmu stormwater plan including wet deteaziohhihaatsts
mm" the approved "13WQ betare W aand (or soaam) impaczs occur.
If you do not acct a% of the oouditianu Of dhta aeadfCW00, yoo may ink fctr mt•."
boning. You ttatlt act- wiEthFlin b0 daYyaa of the daw that you reeeive tole letter. '£a ask for i 1 ? a .
written petition which cb" rats tp • Vter• 1m of 1110 Nettie Ctrrollne ofteral Statutes tb ih . "of
AdUdnielradve Hearings, P.O. Ho; 27447, UWsb, N.C: 27611-7447. This certification acid its,dondiffa a
are nrhal and 1 mcbg uniC83 you ask for a hearfng.
This letter completes the review of the Divisioa'of Water Quality under Secdon 401 of tba t3ean water
Art. Tf you -/lave arty questions, please telepllone john Dorney at 919-733.1786.
Attaclhnumt
cc: Wilttytngtnn iliattxce Carps of ?n
Corps nF sggit P21Ni5h FieldOffmo
Winston-S'ialem DWQ Regional oftice
' Mr. 3olm riornury
Centmt Piles
1;IYti4?Y ti'ctts7trlt
a
division of Water t 9m ft• • '6hvkggrrwr*W Bdvnams Branch
&rvimmentat sdonf: OnwicN, 4401 Flo@* Ctrwk Fed.. t WOO,.NC 276,07'fvk?ftono 910-733./788 FAX f 73aaM
An Equai'Oppeftift r AMm WPm AtOon Ew*ky r + WA MWOGd lft pod amsumor paper
t ? s
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OF BAW
` FLOW **-
PLAN VIEW
NOT TO SCALE
LIVE STAKING c"mm ? GRAM -FJNTM gar mu
NOMAL
Mi1= LOAM .
77

SECTION A-A
MECKLENBURG STORM WATER SERVICES
CHANNEL RESTORATION TECHNIQUES
aURY A YMti?lU11
(TIP,)
OF Ir
?l •
PLANT SPAC;M KOM ON
MM OF VEGETATION
AND STE CO?DR10M.
MorningStar M ut-Storage
Guilford CouAty, North C"i»a
Leonard S. fndner, PWS
Exhibit 15 OF 20
Data : AIWO 23. 1999
a
f16
Procedure:
1. Material-
A. Live staking plant materials must be from dormant shrubs or trees that will root
well from cuttings and are appropriate for the hydrologic zone in which they are
planted. For example, black willow, silky dogwood and elderberry all generally
root well and may be planted in either zone. Cuttings should not be smaller than
1h inch in diameter and not greater than 2 inches in diameter. Recommended
staldng materials for the two planting zones may include-
Frequently Flooded.:
1.
2.
3.
4.
5.
6.
6.
7.
black willow (Salix nigra), tree, 50-100 ft.
silky dogwood (Corpus amomum), shrub, to 10 ft.
elderberry (Sambucus canadensis), shrub, to 12 ft.
cottonwood (Populus deltaides), tree, to 100 ft,
tag alder (Alms serrulata), shrub, to 15 ft,
spicebush (Lindera banzoin), shrub, to 10 ft.
arrowwood viburnum (Viburnum denzarum), shrub, to 10 ft.
yellow-root (Xanthorhira simplicissima), spreading shrub, 2-3 ft.
Infrequently Flooded:
1. black willow (Saa nigra). tree, 80-100 ft.
2. silky dogwood (Cormts amamum), shrub, to 10 ft.
3. elderberry (Sambucus canadAmis), shrub, to 12 ft.
4. coral bevy (Symphoricarpos orbicularus), shrub, to 3 ft.
5. groundselbush (Baccharts halimlfoUa), shrub, to 12 ft.
5. arrowwood viburnum (Viburnum dentxum), shrub, to 10 A.
7. shadbush (Amelanchier arborea), tree, to 40 ft.
$_ redbud (Cercis cartademis), tree, to 40 ft.
2.
A. A saw, loppers, and pruning shears to collect and prepare stakes;
B. A steel rod or rebar of slightly smaller diameter than the cuttings to be planted
(multiple rods may be required). A small sledge hammer(s) may be requircd to
pound the rod(s) for the pilot holes,
C. A dead blow hammer to drive the live stakes. MaraingStar Mia"torage
Gomm county, North Carolina
Leonard S. Rindner, FWS
xxbibit iL» Ot 20
Date : April 28,1997