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HomeMy WebLinkAbout19960484 Ver 1_Complete File_19990517E O U. DEHNR MOORESVILL E RO Fax:704-663-6040 digpW Fax Note 7671 Date 5 vcgd. ? z T061Z: k'd C. From i Cp COJDept WeVA? s Co, Phone # Phone # - -16 99 Fax# /??JS?<7 Fax# ?•- ?o Jul 15 196 10:25 P.01/02 PRINT NAMES : Reviewar: WQ SUPV.. d/ G NCH DATE: p NDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICA$LE) *** PERMIT 'YR.- ?,PPLICANT NAME: 96 PERMIT NO: 0000484 CITY OF ALBEMARLE COUNTY; STA?NLY F4Y :r PROJECT TY E . LANDFILL PERMIT TYPE : NW2 e?'""> e RCD FROM CbA: APP DOT _ REG„OFF ICE : NRO DATE FRS CDA; 05/17/96 :VEER AND SU'B_BASIN #: 030708 STR INDEX NO: 23-9-(2) STREAM CLASS: WSIV WL_IMPACT?:.. N WL_TYPE: ` a-es4k04-v-lL kopis4 WL REQUES'T'ED: 7,Z) WL ACR_EST? ; N WL SG0RE(#): WATER IMPACTED BY FILL?:C N MITIGATION?: Y N MITIGATION-TYPE; tA4,0op+A? P" 7'A?r 41TIGA,TION_SIZE: Uj)kjovw,a 0,J DID YOU REQUEST MORE INFO? : Y(9 Is WETLAND RATING SHEET ATTACHED? : g/ N iAVE PROJECT Ck(ANGES/CONDITIONS BEEN ]DISCUSSED WITH APPLICAN'T'? :fY,/N RECOMMENDATION (Circle Oane) : ISSUE ISSUE/CO DENY .J )MMENTS : 61w_4A?m.[ r`O ° „rM r w eov_ CaC!'?Y?tp tojAoph) `fkt- i[ V I1PS L.3»/??. r ? ? ? M?F?- d rh7?D ?.liisr:?1 ? ?•??,o ?? ?i",?an,,,,N ?4?31YJ ????? ?h? ' ????'?/ ,?jyT3`?•? "?ds1K• t?rii_1??1???i ?O ,:0 YA", Regional Office Central Files DEHNR MOORESVI LLE RD Fax : 704-663-6040 Jul 15 '96 10:26 P.02/02 20 Project name RA- L.'AovDf,11 Nearest road l _ _1 90-- CountyWetland area?L7,0 acres Wetland width M rpv?fo feet Name of evaluator mate 1 • N- d`' Rs.? e! ?`; '•? ? :. , ? . .,:amt, • i 6K ?? ???' G?+'•a "?' y ry?? 1.a: ?? 1.`7.::.'!a "E??? Yni-?r:iv rY' ..K,l ?? o'rr ?O !fl'a?. X? 1? r O'y?,ywr '..1, ?'d, ??y' .< nY'?'••• =t.•" ,a,, ?i` '"F`TC' r?' •? ' ?i". A'?FtR' ' S. a. • c { :(}G,/: .. ?:p p ?Q'?Pr?r ?. 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Hunt,Jr., Governor Jonathan B. Howes, Secretary p E H N 1=1 A. Preston Howard, Jr., P.E., Director July 18, 1996 Stanly County DWQ Project # 960484 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Raymond Allen, City Manager City of Albemarle P.O. Box 190 Albemarle, NC 28002-0190 Dear Mr. Allen: You have our approval to place fill material in 2.0 acres of wetlands or waters for the purpose of expanding an existing landfill at the existing landfill off of SR 1720, as you described in your application dated 18 May 1996. After reviewing your application, we have decided that this till is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. A wetland mitigation plan shall be developed by the applicant and submitted to DWQ before wetland fill occurs.. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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. Y, e ton Howard, Jr. RE Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office Mr. John Dorney Central Files Steve Kroeger, DWQ 960484.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-6959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper JOINT FORM FOR NATIONWIDE PERMIT NO. 26 FOR 96n,f $? 4 d" Lk THE CITY OF ALBEMARLE, NC Municipal Services Garner, N.C. U tJIJ L? MAYS ?M6 i Engineering Company, P.A. Boone, N.C. DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): NWP #26 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide.permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 _ AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29533 --- = - ATIN: CESAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 - A lT p ones(. JOHN ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. I. :Owners Name: City of Albemarle 2. Owners Address: PO Box 190 Albemarle, NC 28002. 3. Owners Phone Number (Home): (Work):704-982-0131 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Raymond I. Allen City Manager Pn Rnx 190 Albemarle. NC 28002-0190 704-982-0131 5. Location of work (MUST ATTACH MAP). County: Stanly Nearest Town or City: City of Albemarle off of SR1720 at the existing landfill. Specific Location (Include road numbers, landmarks, etc.): facility South of the City of Albemarle 6. Name of Closest Stream/River. Jacobs Creek 7. River Basin: Pee Dee River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [K] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO g] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 7.0 Acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 1.6 Acres Drained: .4 Acres Flooded: Excavated: ----- Total Impacted: 2.0 Acres 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): nond and fill an additional 1.6 Acres of wetlands To drain and fill a 0.4 Acre 13. Purpose of proposed work: To construct a lined Municipal Solid Waste Landfill at the existing Facility for the r 14. State reasons why the applicant believes that this activity must be carried dut in wetlands. Also, note measures taken to minimize wedand impacts. The proposed landfill is at the existing landfi i 7 Tani i i tv which is the mostd logica} alace t? develo a ntew landfill. A wetland study has een prepared an is Inc u e In his appia ion.. IS. You are required to contact the U.S. Fish and wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X ] NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES LX ] NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Aggriculture, residential and existing rani tarv Lan fill F. If applicable, what is proposed method of sewage posal? O e ignature Date L9 6 n A 8 q ACTION ID- Nationwide Permit Requested (Provide Nationwide Permit ft NWP #26 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers ' Nationwide.permits that require application for Section 401 certification . . WalA INGTON DISTRICT ENGINEER WIVIRSION O ENVIRONMENTAL MANAGEMENT ' CORPS U ENOD?S NC DEPARTMMT OF ENVIRONMENT, IHIALTH, MY DEPARTMENTOFTHERR P.O. Box 1890 AND NATURALES OURCFS_ Wilmington, NC 28402-1890 P.O. Box 29535 = ATTN: CPSAW-CO-E Raleigh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR JOHN DORNEY Telephone (919) 733-5083 ' ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (()-COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. ,1. ;Owners Name: City of Albemarle 2. Owners Address: PO Box 190 Albemarle, NC 28002. 3. Owners Phone Number (Home): (Work):704-982-0131 ' 4. If Applicable: Agent's name or responsible corporate official, address, phone number. 'Raymond I. Allen City Manager PO Box 190 Albemarle, NC 28002-0190 704-982-0131 Stanly 5: Location of work (MUST ATTACH MAP). County: Nearest Town or City: City of Albemarle Off of SR1720 at the existing landfill. Specific Location (Include road numbers, landmarks, etc.): facility South of the City of. Albemarle 6. Name of Closest Stream/River.. Jacobs Creek ' 7. River Basin: Pee Dee River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [X] 9. Have any Section 404 permits been previously requested for use on this property? YES [ l NO LX If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 7.0 Acres ' 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: ' Drained: Flooded: Excavated: 1.6 Acres .4 Acres Total If f - 0 Acre> f u C 1 pOpg9 S,y ppSg9S41 - - - i , ------- . ------- ----- - --St, i 1 ------------------ t K I 1 \ ?iI iI !//i r 1!- i/ I r„ r.' t 4+ 'n ' '$ Z?" ggb2o ?; 3 0 ono?'< a w GaG??? a / s Rita v,o?, k'?o'^i uu Kw o w wa W 3CZSW2 < 3 O ``,+ J i ? 11 t ; ? 1 ? '' I II• I ' , O V / ?'h ? i r i i ?r • ? ; ?h ? o :S $ hi rc a -" n I 3 i w V y b ? oe n? M ?. o e `?Ch I I I I I I I I I I I I I I I I I Y+ ?a ? ??? oi?N°ki b' o ? ? ?i egg z GwG? °zsoQ a < ?z_ /jam _i 'a °F?a W W? W 3 Y C3 W 2 4 ? Q 3? U ?` ?? / /- J J. LAi + I ii /vl j ( 1 ?._°- -- m? `?, _ ? ++ .fir' •' ? ?"'?'t ?? i ;;j ' ,' I• U t? pt a'_na ? ? •g, i ?aaa 2j „ N 1 V 24i f k, J r-, L i J 4n ?a K ? ?\\?• \ ? Nx ?i4j ?V ?. y Rill Ild z W F h W < Q /?/.? V l S U X K R<° X W K o \ \ k6 l \ ? ? aef ? it ` ' ' ( ? ? ;\ f? / ? ?' ? ' + tee" -?.?/// / /" ( ?/?• ? Y ? / 1 / 1 -'? ?? fi//ri% _ _?li?l; r??1 - ?r• !'isrld, /i ?_% ?/? _/? - ' \_-? 2' •' \\`-s: .,•_?.. I ?J?F'?, r?i?/ ?( i ?;? G/ ??:iiir?`'t t?? / J it ?.,_1-===-==„ T?O? 1 . J=? ?• ?' ?? iii t__-._.?? / ?i LL 1 ZS Ali I h ?? 1 pi jJ1 11 t {? f ?(t`'? i 5x 1 a r,Wj ?i vwi N ? 6LL?a 40 yy,?N ?? r i " n F-j r PROTECTED SPECIES AND JURISDICTIONAL WETLANDS DELINEATION STUDIES FOR THE PROPOSED CITY OF ALBEMARLE SUBTITLE D LANDFILL, STANLY COUNTY, NORTH CAROLINA Submitted to: Municipal Engineering Services Company, P.A. P.O. Box 97 Garner, North Carolina 27529 Project #G-93138 Submitted by: Garrow & Associates, Inc. 3772 Pleasantdale Road Suite 200 Atlanta, Georgia 30340-4214 Field Investigations and Report Preparation by: William R. Nethery Environmental Scientist 25 July 1994 ,4 GARROW & Assoc ns, INC. ' 3772 Pleasantdale Road, Suite 200, Atlanta, Georgia 30340-4214 Telephone (404) 270-1192 Facsimile (404) 2704392 July 25,1994 Mr. Wayne Sullivan Municipal Engineering Services Company, P.A. I P.O. Box 97 r _ Garner, North Carolina 27529 Re: Protected Species and Jurisdictional Wetlands Delineation Studies for the Proposed City of Albemarle Subtitle D Landfill, Stanly County, North Carolina. Project # G-93138. ' Dear Mr. Sullivan: Garrow & Associates, Inc. has performed the above-referenced studies on behalf-of Municipal Engineering Services Company, P.A. The project area consists of approximately 170 acres and is located southeast of the City of Albemarle, ' approximately 1.8 miles southeast of the intersection of U.S. Highway 52 and State Route 1720. It is bounded by Jacob's Creek on the south and an existing landfill on the west and northwest (Figure 1). This report describes ecological communities, the presence of protected species or their habitats, jurisdictional wetlands, and waters of the United States in the project area and in buffer zones around the existing landfill. Recommendations are included concerning impacts to potential protected species habitats, jurisdictional wetlands, and waters of the United States. Protected species include animals and plants protected by state and federal laws. ' Legally protected species include animals listed as Endangered, Threatened, or Special Concern by the North Carolina Wildlife Resources Commission (WRC 1992); plants listed as Endangered, Threatened, or Special Concern by the North , Carolina Department of Agriculture (NCDA 1991); and plants and animals listed as Endangered or Threatened by the U.S. Fish and Wildlife Service (FWS 1989, 1990a, 1990b,1993a). Rare species, although not legally protected, are of concern to listing agencies and members of the scientific community. Rare plant and animal species include ' Candidates for federal listing by FWS and those listed as Candidates, Significantly Rare, or Extirpated by the North Carolina Natural Heritage Program (NHP 1994). ' Efforts to accommodate these species found on a project area are encouraged but not required; such efforts help preserve a rare species before it becomes critically imperiled and legally protected. ' Wetlands are defined by the U.S. Army Corps of Engineers (COE) and the U.S. Environmental Protection Agency as "those areas that are inundated or saturated by Latrobe, Pennsylvania Memphis, Tennessee Raleigh, North Carolina Garrow & Associates, Inc. Page - 2 ' surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (Environmental Laboratory 1987). Areas that `do not meet the criteria for wetlands, but that hold impounded or running water during some or all of the year, are termed waters of the United States. This term applies to such features as lakes, ponds, rivers, and perennial and intermittent streams. Methods:> ,",?A literature and map review was performed-for the project area, ' consisting' of an examination of soil survey maps (Stephens 1989); the Albemarle, North Carolina, U.S. Geological Survey topographic map (USGS 1981); the Albemarle, North Carolina, National Wetland Inventory (NWI) map (FWS 1993b); and 1994 aerial photographs of the project area provided by Municipal Engineering Services Company, P.A. Lists of protected plant and animal species potentially occurring on the project area and their habitat requirements were obtained from NHP (1994) and FWS (1994). Protected species information is summarized *,in Appendices 1 and 2. Additional information on plant and animal species identification, species distribution, and habitat requirements was compiled from a number of sources, including field guides and distribution atlases: Conant and Collins (1991), Dungan and Foote (1975), Fernald (1987), Foote and Jones (1989), Godfrey and Wooten (1979,1981), Martof et al. (1989), Page and Burr (1991), Radford et al. (1968), Scott (1988), and FWS (1993a). Ecological community types are primarily derived from Schafale and Weakley (1990). A pedestrian reconnaissance of the project area and buffer zones around the existing landfill was performed on 27-30 June 1994 by William R. Nethery, Environmental Scientist, and Fred Davis, Environmental Assistant. Habitats were evaluated based on dominant plant species or habitat quality. A determination was made of the potential for each habitat on the site to support protected species, : as well as state Significantly Rare and state/federal Candidate species. Appropriate habitats were searched thoroughly for protected species and less intensively for rare species. No special sampling, including mist netting for bats or birds, mammal trapping, or. sampling of streams for fish, was performed for these studies. Habitat locations are shown on Figure 2. Scientific names of plants found in the project area are contained in Appendix 3. The field methodology used for the wetland delineations followed the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and subsequent guidance (Department of the Army 1992). An assessment of the three mandatory wetland criteria, vegetation, soils, and hydrology, was performed for potential jurisdictional wetland areas. Wetland indicator statuses for plant species were assigned according to Reed (1988). Soil colors were determined in the field using Munsell Soil Color Charts (Munsell Color 1992). Observations of wetland criteria throughout the project area were noted. The approximate locations of Garrow & Associates, Inc. Page - 3 waters of the United States were drawn on field maps during the investigation and t . . are shown on Figure 3. Results. = The project area is in the Piedmont physiographic region in south-central North Carolina (North Carolina Geological Survey; 1985)., The, project _ area is drained by Jacob's Creek and its tributaries. - Elevations range from approximately 350 feet above mean sea level (amsl) along Jacob's Creek to over 460 feet, amsl in the ; uplands (USGS 1981). Soil survey maps (Stephens 1989) indicate that upland portions of,the site contain Enon stoney loams, Goldston•. channery .silt, loams,;- and;- Badin channery- silt loams, which are all well drained. Drainages in the project area, are mapped as Oakboro silt loams, frequently flooded, which are moderately well drained. The project area is composed mainly of pasture with vegetated windrows. Forested areas exist along property boundaries and drainage channels. Ecological Communities. Seven ecological communities occur in the project area and existing landfill buffer zones: Disturbed Upland, Mesic Hardwood Forest, Pine- Hardwood Forest, Basic Oak-Hickory Forest, Alluvial Forest, Disturbed Lowland, and Aquatic Habitat. Most ecological communities in the project area have been previously disturbed by sludge disposal activities, timber harvesting, or other disturbances. Portions of the buffer zones around the existing landfill have been disturbed by timber harvesting, borrow excavation, or landfill activities. The approximate locations of ecological communities are shown on Figure 2. The Disturbed Upland communities occur along roadsides and in disturbed areas on slopes and ridgetops within the project area and existing landfill buffer zones. Sludge disposal areas are dominated by Fescue and other pasture grasses, with scattered invasive species such as Aster species, Blackberry, Butterfly Pea, Buttercup species, Fennel, Goldenrod, Milkweed, and Thistle (Figure 4). Windrows present throughout these -communities contain Japanese Honeysuckle, Leatherleaf, Muscadine, Sunflower species, Sweetgum, Tree-of-heaven, Virginia Creeper, and Winged Sumac (Figure 5). Roadsides and borrow areas are dominated::.by Ragweed, Japanese Honeysuckle, Virginia Creeper, and Blackberry, with Aster species, Butterfly Pea, Elephant's Foot, Goldenrod, Lespedeza, Sunflower species, Thoroughwort, and Wild Quinine present. Animals observed in the Disturbed Upland communities include American Crow, American Goldfinch, Black Vulture, Blue Jay, Brown Thrasher, Cardinal, Carolina Wren, Chipping Sparrow, Eastern Phoebe, Field Sparrow, Indigo Bunting, Killdeer, Mourning Dove, Northern Mockingbird, Red-tailed Hawk, Turkey Vulture, White-tailed Deer, and Wild Turkey. The Mesic Hardwood Forest communities are approximately 45 years old, except for two portions that contain immature growth (Figure 2). These communities occur on lower to upper slopes in the project area and existing landfill buffer zones (Figure 6). The upper canopy includes American Elm, White Oak, Tulip Poplar, Ash species, Pignut Hickory, Sourwood, and Southern Shagbark Hickory. The f t 1 understory contains saplings of tree species, Flowering Dogwood, Redbud, Sugar Maple, Maple-leafed Viburnum, Black Cherry Buckeye; and Strawberry Bush. - The ground layer vegetation includes Cross-vine, Indian Strawberry, Poison Ivy, Sessile- leaved Bellwort, Rattlesnake Fern, False Ginger, Violet species, Sorrel, Christmas Fern, Virginia Creeper, Wild Yam, Rattlesnake Plantain, Elephant's foot,- Bedstraw, Ebony Spleenwort, and Liverleaf.: Animals observed in the Mesic Hardwood Forest communities include American Toad,., Brown. Thrasher..,., Carolina Wren..: Gray Squirrel, Red bellied Woodpecker, Rufous-sided-Towhee;--VMte-tailed-Deer,' and Wood Thrush. The Pine-Hardwood Forest communities occur along the western boundary of the project. area and within existing landfill buffer zones (Figure 7). The canopy is dominated by Shortleaf Pine and Loblolly Pine, with Sweetgum and Red Maple present. Understory vegetation is limited due to shading by pine trees, with Catbrier, Flowering Dogwood, Japanese Honeysuckle, Poison Ivy, Sweetgum, and ' Virginia Creeper present. Animals observed in the Pine-Hardwood Forest communities include Black Vulture, Rufous-sided Towhee, Turkey Vulture, Red- tailed Hawk, and American Toad. The Basic Oak-Hickory Forest communities occur in the northeast corner of the project area. and in the buffer zone north of the existing landfill. They are characterized by a relatively open canopy and basic rocky soil (Figure 8). This community type is dominated by Southern Shagbark Hickory, False Shagbark ' Hickory, Post Oak, Scarlet Oak, and Mockernut Hickory, with Red Maple and Ash species in the canopy. The understory includes Southern Sugar Maple, Black Cherry, Winged Elm, and Hawthorn. The ground layer vegetation includes ' Aromatic Sumac, Virginia Creeper, Muscadine, Panic Grass, Sunflower species, Ebony Spleenwort, Goat''' Rue, Golden Alexander, Wild Quinine, Thoroughwort, Coreopsis, and Butterfly Pea. Animals observed in the Basic Oak-Hickory communities include Rufous-sided Towhee, Carolina Wren, Mourning Dove, Cardinal, Blue Jay, Bobwhite Quail, and Chuck-will's Widow. According to NHP guidelines, the Basic Oak-Hickory Forest is a natural community type considered to be either very rare and local in the state or found locally in a restricted -area (NHP 1994; Weakley 1994). The Alluvial Forest communities occur in the project area along Jacob's Creek and undisturbed segments of its tributaries (Figure 9). Plant species present in the Alluvial Forest communities include Green Ash, Sycamore, Water Oak, Tulip ' Poplar, Red Mulberry, Persimmon, and Red Maple in the canopy and subcanopy. The understory includes Bottlebrush Grass, Boxelder, Chinese Privet, Clearweed, ' Giant Cane, Joe-pye-weed, Jack-in-the-pulpit, Japanese Honeysuckle, Jewelweed, Lop-seed, Microstegium, Musclewood, Poison Ivy, Saint John's-wort, Sedge species, Smartweed species, Smooth Alder (near stream), Spicebush, Southern Sugar Maple, Virginia Creeper, Violet species, Windflower, Yellow-root, and Catbrier. Animals J Garrow & Associates, Inc. Page - 5 observed -in= these communities include White-tailed Deer, Green. Heron, Carolina Wren, Wood Thrush, Cardinal, Brown Thrasher, and Red-bellied Woodpecker. The Disturbed -Lowland communities exist in ° the floodplains of. tributaries that ' traverse the project area (Figure 10). These communities are -dominated by a thicket of small trees and shrubs, including Boxelder, Red Maple, Tulip Poplar, Green Ash; Black: Willow,' Water Oak, and Chinese -Privet.: Ground layer vegetation includes = Virginia .Creeper; Poison Ivy, Blackberry, . artd--japanese- Honeysuckle: --Animals observed -in these communities include Red-winged Blackbird, Blue Jay, Wood- ' Thrush, Green Heron, and Cardinal. ' Aquatic Habitat communities in the project area include Jacob's Creek on the ' southern boundary and several unnamed intermittent and perennial tributaries to Jacob's Creek that traverse the site. The intermittent streams are from 2 to 5 feet wide with gravel and cobble bottoms. The perennial streams are approximately :10 to 15 feet wide with 2 to 3 foot banks and a gravel, cobble, and boulder bottom (Figure 11). Jacob's Creek is approximately 15 to 20 feet wide with 6 to 8 foot banks and a gravel, cobble, and boulder bottom, with a thin silt layer in some places ' (Figure 12). Downed vegetation, deposition of leaves and other debris, and newly cut channels indicate significant flows occur throughout the perennial stream and Jacob's Creek floodplains during high-flow periods (Figure 13). While these floodplains are well drained, active channels traverse them in numerous places. Aquatic animal species observed in the Aquatic Habitat communities include Crayfish species, Mussel species, Asiatic Clam, Sunfish species, Mosquitoefish, and , Chub species. Protected pSe cies. Protected species occurrence lists from NHP (1994) and FWS , (1994) indicate that five state or federally protected plant and animal species are known from Stanly County. Habitat or marginal habitat exists in the project area -and existing landfill buffer zones for one state and federally protected plant and two state protected animals. Habitat is present in the Basic Oak-Hickory Forest communities for the state and ' federally endangered Schweinitz's Sunflower. Schweinitz's Sunflower was not observed in the project area. However, its flowering season does not begin until September; it is not conspicuous during early to mid summer, and therefore the plant may not have been visible during this survey. Marginal habitat for the state Special Concern Carolina Darter occurs in Aquatic Habitat communities along the ' southern boundary of the project property. No special aquatic sampling was performed during this study. Marginal habitat is present in the Disturbed Upland community for the state Special Concern Loggerhead Shrike. No Loggerhead , Shrikes were observed in the project area. No habitat or marginal habitat is present in the project area for any other state or federally protected animal or plant species, and no protected animal or plant species were observed during our field investigations. ' Garrow & Associates, Inc. Page - 6 Twenty plant species that are listed as Candidate or Significantly Rare species by NHP n/or Candidate species by FWS are known from Stanly County. Habitat ' or marginal habitat is present in the project area for fifteen of these species. Habitat or marginal habitat for twelve of these plant species is present in the Basic Oak-. Hickory Forest communities and portions of the Disturbed Upland community in ' the project area., Thick-pod White Wild Indigo was observed at the edge ofa Disturbed Upland community in the southern portion of the project area -(Figure 2).!, Marginal habitat is present for Smooth Blue Aster, Piedmont Aster, and Riverbank Vervain in the Mesic Hardwood Forest and/or Alluvial Forest communities. No other state or federal Candidate species or state Significantly Rare species were observed in the project area. Many of these species were not in a detectable form at the time of the survey. The legal requirements for buffer zones at this landfill site include a 50-foot minimum buffer established and properly maintained on both sides of the v perennial streams, a 300-foot minimum buffer established between the landfill and ' all property boundaries, a 50-foot minimum buffer established between property boundaries and the construction/ demolition landfill, and a 300-foot minimum buffer established between the proposed landfill and the existing landfill. The North Carolina Division of Solid Waste Management recommends a 200- foot buffer around construction/demolition landfills to facilitate adequate monitoring (McHargue 1994). The required buffer zones in the project area contain most of the potential habitat that is present on the site for rare or protected species. However, potential Schweinitz's Sunflower habitat is within the Basic Oak-Hickory Forest community in the northeast corner of the project area, which extends beyond the planned 100-foot buffer zone around the proposed construction and demolition landfill. To be certain that this project will not impact the state and federally Endangered Schweinitz's Sunflower, an additional survey will be required. Further ' investigations for Schweinitz's Sunflower should be conducted in September or October, during the plant's flowering season, within the Basic Oak-Hickory Forest communities. The Basic Oak-Hickory communities, as a whole, merit protection ' consideration due to their rarity as well as their potential to harbor a federally protected species. ' An additional survey would be required to determine the presence of the state Special Concern Carolina Darter in Jacob's Creek. The sampling of streams for Carolina Darter can be performed during low to moderate stream flow periods by a qualified fisheries scientist. Current state landfill rules do not require surveys for state protected species. No further studies will be necessary for Loggerhead Shrike because the species was not observed on site. Impacts to the Thick-pod White Wild t Indigo specimen should be avoided, if possible. If impacts to this species are unavoidable, transplanting to an appropriate habitat in the buffer zone would be a feasible way to reduce impacts to this rare, though legally unprotected species. - Garrow & Associates, Inc. Page - 7 ' Wetlands. Drainages in the project area contain Oakboro silt loams which are moderately well drained soils. Oakboro soils are -not found on the national' list of hydric soils (SCS 1991). The Albemarle, North Carolina, NWI map (FWS 1993b) indicates that Jacob's 'Creek'--and the perennial tributary in the project area are. ' mapped as riverine, unconsolidated wetlands.. No jurisdictional wetland areas -were. found in the project area during our field investigation. Waters of the United States are under jurisdiction of the COE and they exist in the project corridor in: the-= , unnamed tributaries to Jacob's Creek, Jacob's-Creek, and the floodplain channels associated with these water courses, 'as shown in Figure 3. A permit will be required from the COE under Section 404 of the Clean Water Act if fill is to be placed in any waters of the United States. If undisturbed buffer zones are established and adequately maintained in the project area along the unnamed ' perennial tributary and Jacob's Creek, impacts to these waters of the United States can be avoided. A COE permit will be required for any landfill construction activities that affect the intermittent tributaries that traverse the property. This ' project may qualify for Nationwide Permit #26 for fill in wetlands above headwaters, allowing up. to one acre of impact without the need to fulfill any ' mitigation requirements. Also, sedimentation and erosion control measures must be taken to avoid indirect impacts to these waters of the United States. Thank you for the opportunity to work on this project. If you have any questions, comments, or concerns, please call me at our Atlanta office. Sincerely, GARROW & ASSOCIATES, INC. William' R. Nethery Environmental Scientist , enclosures: figures, appendices ' Garrow & Associates, Inc. Page - 8 REFERENCES . ' Conant, ,Roger, and Joseph T. Collins. 1991. A field guide to :reptiles and amphibians,.eastern and central North America. The Peterson Field Guide Series. , . Houghton Mifflin Company, Boston, Massachusetts. Department of .the Army. 1992. Clarification and. interpretation of the 1987 manual.:.:. . ' Memorandum from A. E. Williams, Major General, Directorate of Civil Works, U.S. ' Army Corps of Engineers, Washington, D.C. Duncan, W. H., and L. E. Foote. 1975. Wildflowers of the southeastern United States. University of Georgia Press, Athens. Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Technical Report Y-87-1. U.S. Army Engineer -Waterways Experiment Station, Vicksburg, Mississippi. Fernald, Lyndon Merritt. 1987. Gray's manual of botany, 8th (centennial) ed.- illustrated: A handbook of the flowering plants and ferns of the central and northeastern United States - and adjacent Canada. Dioscorides Press, Portland, Oregon. Foote, L. E., and S. B. Jones, Jr. 1989. Native shrubs and woody vines of the Southeast. Timber Press, Portland, Oregon. Godfrey, R. K., and J. W. Wooten. 1979. Aquatic and wetland plants of southeastern ' United States. Vol. 1, Monocotyledons. The University of Georgia Press, Athens. Godfrey, R. K., and J. W. Wooten. 1981. Aquatic and wetland plants of southeastern ' United States. Vol. 2, Dicotyledons. The University of Georgia Press, Athens. Martof, . Bernard S., William M. Palmer, Joseph R. Bailey, and Julian Harrison, III. ' 1989. Amphibians and reptiles of the Carolinas and Virginia. University of North Carolina Press, Chapel Hill, North Carolina. McHargue, Jan. 1994. Personal communication. North Carolina Division of Solid Waste Management, Winston-Salem, North Carolina. I Munsell Color. 1992. Munsell soil color charts. MacBeth Division, Kollmorgen Instruments Corporation, Newburgh, New York. North Carolina Department of Agriculture (NCDA). 1991. Endangered plant species lists; Threatened plant species list; List of species of Special Concern. Subchapter 48F, Section .0300, Title 2 of the North Carolina Administrative Code (2 NCAC 48F). North Carolina Department of Agriculture, Raleigh, North Carolina. Garrow & Associates, Inc. Page - 9 North Carolina Geological Survey. 1985. Geologic map of North Carolina North -' Carolina Department of Natural Resources; Raleigh, North Carolina. North Carolina Natural Heritage . Program 19%. Rare elements known to occur in'Stanly County,' NHP element list. North Carolina Natural Heritage Program, Raleigh, North Carolina . __ ' , North Carolina Wildlife Resources Commissio,44NRC). -4992. Endangered wildlife ", of-North`Carolina. North Carolina- °Nongame and Endangered Wiidlife•Program, ., Raleigh, North Carolina. , Page, Lawrence M., and Brooks M. Burr. 1991. Field guide to freshwater fishes, north "of Mexico. The Peterson Field Guide. Series. Houghton Mifflin Company, Boston, Massachusetts. i Radford, A. E., H. E. Ahles, and C. R. Bell. 1968. Manual of the vascular flora of the Carolinas. University of North Carolina Press, Chapel Hill, North Carolina. Reed, P. B., jr. 1988. National list of plant species that occur in wetlands: Southeast ' (Region 2). Biological Report 88 (26.2). U.S. Department of the Interior, Fish and Wildlife Service, Research and Development, Washington, D.C. Schafale, Michael P., and Alan S. Weakley. 1990. Classification of the natural communities of North Carolina, third approximation. North Carolina Natural Heritage Program, Raleigh, North Carolina. Scott, S. L., editor. 1988. Field guide to the birds of North America. 2nd ed. National Geographic Society, Washington, D.C. , Soil Conservation Service (SCS)., 1991. Hydric soils of the United States. In cooperation with the National Technical Committee for Hydric Soils. U.S. , Department of Agriculture, Washington, D.C. Stephens, Ronald B. 1989. Soil survey of Stanly County, North Carolina. U.S. , Department of Agriculture, Soil Conservation Service, Washington, D.C. U.S. Fish and Wildlife Service (FWS). 1989. 50 CFR Part 17: Endangered and threatened wildlife and plants; animal notice of review. U.S. Department of the Interior, Washington, D.C. ' U.S. Fish and Wildlife Service. 1990a. 50 CFR Part 17: Endangered and threatened wildlife and plants; review of plant taxa for listing as endangered or threatened species; notice of review. U.S. Department of the Interior, Washington, D.C.' ' U.S. Fish and Wildlife Service. 1990b. 50 CFR Part 17.11 and 17.12: Endangered and threatened wildlife and plants. U.S. Department of the Interior, Washington, D.C. Garrow & Associates, Inc. Page -10. U.S. Fish and Wildlife Service. 1993a. Endangered and threatened species of the ' southeastern United States. Notebook and update to Region 4. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1993b. National Wetlands Inventory draft map, Albemarle, North Carolina quadrangle, 7.5 minute series. U.S. Department of the ' Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1994. Listed species in Stanly County. Raleigh Field Office, Raleigh, North Carolina. U.S. Geological Survey (USGS). 1981. Albemarle, North Carolina quadrangle map, 7.5 minute series. U.S. Department of the Interior, Washington, D.C. Weakley, Alan S. 1994. Personal communication. North Carolina Natural Heritage Program Botanist. North Carolina Department of Environment, Health and Natural Resources, Division of Parks and Recreation, Raleigh, North Carolina. 1 7 u I?,, Union Chop 1 .1 -Z?- ? ...,?,?': ? ;??, i' ; ? 1;11 ? i , 1 ? ? _ •1'. , / : ? y ? t! o sr \ %. ? `? ? R i%PRO CONSTRUCT ,. POSED-1 ION/DEMOLITION 534 LAN ? ? ? r?a/ •: , DFILL ?? _>j . ?y .L .,J i - AISTING LAN DFILL O" 11 J PROJECT AREA` ? \ 41 00 f "ea /' 1 1 ? --? ?--? .481 '`: ? .:?1:?: - .^ ?? . •?? ? 1 , ? , o.,; . ' J?1°. 1 % i's :,t1 'n- ?'? 1 J t?:• . : ; , t - ? contour interval =10 feet 0 mile 0.5 • J 0 feet 2000 North 0 kilometer OS PROJECTAREA Map souce: Albermarle, N.C. Quadrangle, 7.5 minute 1981 Figure 1. Project Location Map It ; A fill ?,/ . ? . - , - % O )_ - ? i \? , t, ?•, ' ? t f '• •.,,, ? UL Irv C l _ ,- \. 1-- ' EXISTIN G LANDFILL i `: •. ?J ?? ? ; ? j-\ DU r. 401: MH \ ? ? Mil ? , J -- ;? ;? ?` / ?: .:?` ' ? ? ' ` ?? . -„ . .. r ? '.? , is -.? C ?-\ Q; j_''`;cc ?•.? / DU ; :`` '?\• ??? =P -iii! ? ?'11gi: 'r ?...? - •?.;ii ' - :???,.: q- DU' ??? ? •, ? j-- ;i? _ ? ?';?,•!-%= ;,---, •; ?? ? 1 , - r? •? , s ? ?f ? ,? r 3 t %• ! ?•=.. ii '? _ .-.. ., s l ? X11 1 (/ DU Disturbed Upland MH Mesic Hardwood Forest (*=immaturegrowth) PH Pine-HardwoodForest OH Basic Oak Hickory Forest AF Alluvial Forest DL Disturbed Lowland 0 mile 05 0 feet 2000 North X Thick pod White Wild Indigo (Baytisia albs) '..000 Aquatic Habitat 0 kilometer 05 MEN Potential Schweinitz's Sunflower (Helianthus schweinitzii) Habitat Figure z. Ecological communities map LI r L. L C *j ITT lK -A ke. :/.?• / 1./-? ?i? l e i . ?e f / (yam, •", `? i/2`"1 17i-'-f/:': f: IN. 41 ! _\F \ 111 ? _? ice' ??? t ? •? ' : ? ' r/ ?? '? :; ' '? J ?.? t ?• j ; :. ? ` ,• % '` iii' _? ',' r ?-' ??- '? ': •- / {/1 ? 1. 1 ' • t _ V- ' j f/'`\ ?. :' t; I , - ? (. ;, ? , - ? ? 1,., '. / -71 }777 i.._?, , t ; J ? ? Propertyboundary 0 mile 0.5 f '^ Existing landfill boundary 0 feet' 2000 North I **mamma Waters of the United States 0 kilometer OS rigure 3. Waters of the United States - v ------ -r-?_? u I u u 0 n u r1gure 7. 1J17lurLieu upldulu - Wuluruw Figure 6. Mesic Hardwood Forest - ----------- I Figure 11. Unnamed perennial tributary to Jacob's Creek -r H T 5 w t APPENDDC 1. STANLY COUNTY RARE AND PROTECTED ANIMAL SPECIES SPECIES AND COMMON NAME LEGAL HABITAT HABITAT STATUS ' Scientific Name STATUS* REOUIREMENTS ON STUDY AREA** Bald Eagle . FE, NE Tall trees near large wetlands or .Haliaeetus leucocephalus water bodies Carolina Darter SC Cobble rli ffles of streams and MP, NS Etheostoma collis small rivers Loggerhead Shrike SC Open fields and wooded.areas MP, NO. Lanius ludovicianus *LEGAL STATUS: FE = Listed as Endangered, FWS. ' FT = Listed as Threatened, FWS. FC = Candidate for federal listing [not legally protected]. NE = Listed as Endangered by the North Carolina Wildlife Resources Commission. ' NT = Listed as Threatened by the North Carolina Wildlife Resources Commission. NX= Listed as Extirpated by the North Carolina Natural Heritage Program. SC = Listed as Special Concern by the North Carolina Wildlife Resources ' Commission. SR = Significantly Rare. Species is listed by the North Carolina Natural Heritage Program, but is not legally protected. ' **SPECIES AND HABITAT STATUS ON STUDY AREA: ' HP = Habitat present on study area. MP = Marginal habitat present on study area. NP = Habitat not present on study area. ' SP = Species present on study area. NO = Species not observed on study area. NS = Specialized sampling required to determine species presence; not conducted ' during this survey. APPENDIX 2 STANLY COUNTY RARE AND PROTECTED PLANT SPECIES E . _ COMMON NAME LEGAL SPECIES AND HABITAT HABITAT STATUS , Scientific Name STATUS* REQUIREMENTS ON STU DY AREA** Carolina Birdfoot trefoil FC, NC Dry woods and clearings MP, NO . Lotus : helleri .._? .. _ _ ._._.. Crested Coralroot SR C'alcereous soils, rocky woods, HP, NO Hexalectris spicata deciduous woods Dwarf Chinquapin Oak NC Dry, sandy, or rocky soils HP, NO ' Quercus prinoides Eastern Shooting Star SR Cedar glades and wooded NP. ' Dodecatheon meadia var. meadia bluffs Georgia Aster FC, NC Clearings and fields MP, NO ' Aster georgianus Glade Milkvine SR Woodland margins and MP, NO , Matelea decipiens clearings Large Witch-alder NC Dry woods and balds MP, NO , Fothergilla major Missouri Rockcress NC Granite outcrops NP , Arabis missouriensis Nestronia SR Parasite on mature pines NP ' Nestronia umbellula and hardwoods ,Piedmont Aster NC Wooded slopes and alluvial HP, NO , Aster mirabilis woods Piedmont Indigo-bush NC Rocky river bluffs and woods NP ' Amorpha schwerinii Prairie Blue Wild Indigo NC Cedar glades, rocky soils, open HP, NO ' Baptisia minor woods, pastured slopes Red Canada Lily NC Wet meadows, bogs and NP Lilium canadense ssp. editorum balds Tom, Riverbank Vervain FC, NC River banks MP, NO Verbena riparia Schweuutz's Sunflower FE, NE Upland woods, thickets, and :- : : HP, NO ' Helianthus schweinitzii pastures Smooth Blue Aster NC Woods and wooded road HP, NO Aster laevis var. concinnus banks Smooth Sunflower SR Woodlands and road HP, NO Helianthus - laevigatus embankments Southern Anemone NC Rocky woods HP, NO ' Anemone berlandieri Thick-pad White Wild Indigo SR Dry, open woods, MP, SP ' Baptisia alba Thin-pod White Wild Indigo SR Dry, open woods MP, NO ' Baptisia albescens Western Rough Goldenrod NC Upland woods HP, NO ' Solidago radula Wright's Cliff-brake NE, SC Granite outcrops NP Pellaea wrightiana *LEGAL STATUS: FE = Listed as Endangered, FWS. FT = Listed as Threatened, FWS. FC = Candidate for federal listing [not legally protected]. NE = Listed as Endangered by the North Carolina Department of Agriculture. NT = Listed as Threatened by the North Carolina Department of Agriculture. NX = Listed as Extirpated by the North Carolina Natural Heritage Program. SC = Listed as Special Concern by the North Carolina Department of Agriculture. ' NC = Candidate for listing by the North Carolina Natural Heritage Program [not legally protected]. SR = Significantly Rare. Species is listed by the North Carolina Natural Heritage ' Program, but is not legally protected. ' "SPECIES AND HABITAT STATUS ON STUDY AREA: HP = Habitat present on study area. ' MP = Marginal habitat present on study area. NP = Habitat not present on study area. r G u u i F1 APPENDIX 3. SCIENTIFIC NAMES OF COMMONLY FOUND SPECIES Common Name Scientific Name Plant Species American Elm Ulmus americana Aromatic Sumac Rhus aromatica Ash Fraxinus spp. Aster Aster spp. Bedstraw Galium sp. Black Cherry Prunus serotina Blackberry Rubus betulifolius Black Willow Salix nigra Bottlebrush Grass Hystris patula Boxelder Acer negundo Buckeye Aesculus sylvatica Buttercup Ranunculus sp. Butterfly Pea Clitoria mariana Catbrier Smilax sp.. Chinese Privet Ligustrum sinense Christmas Fern Polystichum acrostichoides Clearweed Pilea pumila Coreopsis Coreopsis major Cross-vine Bignonia capreolata Ebony Spleenwort Asplenium platyneuron Elephant's Foot. Elephantopus sp. False Ginger Hexastylis arifolia False Shagbark Hickory Carya ovalis Fennel Anthemia sp. Fescue Festuca sp. Flowering Dogwood Cornus florida Giant Cane Arundinaria gigantea Goat's Rue Tephrosia sp. Golden Alexander Taenidia integerrima Goldenrod Solidago sp. Green Ash Fraxinus pennsylvanica Hawthorn Crataegus sp. Indian Strawberry Duchnesnea indica jack-in-the-pulpit Arisaema triphyllum Japanese Honeysuckle Lonicera japonica Jewelweed Impatiens capensis Joe-pye-weed Eupatorium purpureum Leatherleaf Clematis sp. Lespedeza Lespedeza sp. Liverleaf Hepatica acutilobia ? -1 Loblolly Pine Lop-seed Maple-leafed Viburnum Microstegium Milkweed Mockernut Hickory Muscadine Musclewood Panic Grass Persimmon Pignut Hickory Poison Ivy Post Oak Ragweed Rattlesnake Fern Rattlesnake Plantain Redbud Red Maple Red Mulberry Saint john's-wort Scarlet Oak Sedge Sessile-leaved Bellwort Shortleaf Pine Smartweed Smooth Alder Sorrel Sourwood Southern Shagbark Hickory Southern Sugar Maple Spicebush Strawberry Bush Sugar Maple Sunflower Sweetgum Sycamore Thistle Thoroughwort Tree-of-heaven Tulip Poplar Violet Virginia Creeper - Water Oak White Oak Wild Quinine Wild Yam Pinus taeda Phryma leptostachya ` Viburnum acerifolium Eulalia viminea Asclepias sp. Carya tomentosa ' Vitis rotundifolia Carpinus caroliniana ' 24nicum sp. Diospyros virginiana k' Carya glabra ' Toxicodendron radicans Quercus stellata Ambrosia artemesifolia ' Botrychium virginianum Goodyera pubescens Cercis canadensis , Acer rubrum Morus rubra Hypericum nudiflorum , Quercus coccinea Carex sp. Uvularia sessilifolia Pinus echinata Polygonum sp. Alnus serrulata ' Oxalis rubra Oxydendrum arboreum Carya carolinae-septentrionalis ' Acer saccharum ssp. floridanum Lindera benzoin Euonymus americana -- Acer saccharum Helianthus strumosus and H. sp. ' Liquidambar styraciflua Platanus occidentaiis Carduus sp. ' Eupatorium purpureum Ailanthus altissima Liriodendron tulipifera ' Viola sp. Parthenocissus quinquefolia Quercus nigra , Quercus alba Parthenium integrifolium Dioscorea villosa i IJ r 0 u Windflower Winged Elm Winged Sumac Yellow-root al Species American Crow American Goldfinch American Toad Asiatic Clam Black Vulture Blue Jay Bobwhite Quail Brown Thrasher Cardinal Carolina Wren Chipping Sparrow Chub ' Chuck-will's Widow Crayfish Eastern Phoebe Field Sparrow Gray Squirrel Green Heron Indigo Bunting Killdeer Mosquitoefish Mourning Dove Northern Mockingbird Mussel Red-bellied Woodpecker Red-tailed Hawk Red-winged Blackbird Rufous-sided Towhee Sunfish Turkey Vulture White-tailed Deer Wild Turkey Wood Thrush Thalictrum thalictroides Ulmus alata Rhus copallina Xanthorhiza, simplicissima Corvus brachyrhynchos Carduetis trjstus Bufo americanus Corbicula manilensis Coragyps atratus Cyanocitta cristata Colinus virginianus Toxostoma rufum Cardinalis cardinalis Thryothorus ludovicianus Spizella passerina Nocomis sp. Caprimulgus carolinensis Procambarus sp. Sayornis phoebe Spizella pusilla Sciurus carolinensis Butorides striatus Passerina cyanea Charadrius vociferus Gambusia affinis Zenaida macroura Mimus polyglottus Elliptio complanata Melanerpes carolinus Buteo jamaicensis Agelaius phoeniceus Pipilo erythrophthalmus Lepomis spp. Cathartes aura Odocoilus virginianus Meleagris gallopavo Hylocichla mustelina Education , B.S. Forestry (Biology), College of Forest Resources, North Carolina State University, Raleigh, North Carolina, 1987. M.S. Forestry (Wetland and Plant Ecology), College of Forest Resources, North Carolina State University, Raleigh, North Carolina, 1991. Thesis: Effects of ' gibberellic acid and kinetin on coastal-source wax myrtle (Myrica Geri era seed germination. Areas of Specialization Habitat Evaluations, Protected Species Surveys, Environmental Assessments, Wetland ' Delineations, Wetland Mitigation Planning, Hazardous Waste Risk Assessments. Specialized Training . ' Groundwater and Associated Environmental Concerns Seminar, 1992. Ninth Annual Forest Biology Symposium, 1990. P.C. SAS Basics Training Course, SAS Institute, 1989. Symposium on Barrier Island Ecology of the Atlantic Coast, 1989. ' Project Learning Tree Facilitator's Training, 1987. Professional Experience ' 1993 to Present Environmental Scientist, Garrow & Associates, Inc:; Atlanta, Georgia ' Responsible for protected species surveys, wetland services, environmental assessments, and habitat evaluations. Responsibilities include preliminary investigations, field investigations, and report preparation. 1990 to 1993 Senior Wetlands Scientist, Robert J. Goldstein & Associates, Inc., ' Raleigh, North Carolina Performed environmental assessments, wetland delineations, endangered species surveys, and hazardous waste surveys. Responsibilites included project management, preliminary investigations, field investigations, and report preparation. 1 1988 to 1990 Graduate Teaching Assistant in Forestry and Natural Resources, North Carolina State University, Raleigh, North Carolina ;, 1988 to 1990 Research Technician, North - Carolina State University, Raleigh, North Carolina ' Principal grant writer and principal author of project report to the -Grant Committee of the N.C.S.U. Forest Biology Research Center:. "Effects- of Canopy Transmission of. PAR Light on Cw,?pedium acaule in Schenck Forest." ' 1986 Research Technician, Clemson University, U.S. Forest Service Research Lab, Charleston, South Carolina ' Soil aeration stud with steel rod indicators, gas exchange study of tissues from Y loblolly pine in inundated soils, rooted cutting culture of loblolly pine, and root growth study of loblolly pine in saturated soils. ' Selected Project Experience with Garrow & Associates, Inc. ' Wetlands and Protected Species Surveys and Habitat Assessments Paw Creek Pump Station expansion, Mecklenburg County, North Carolina (for Charlotte-Mecklenburg Utility Department). U.S. 27 Improvements, Advanced Planning Report, Chattanooga, Tennessee ' Department of Transportation (for Parsons DeLeuw, Inc.). Sunset Tallokas 46 W transmission line, Colquitt County, Georgia (for Oglethorpe Power Corporation). New Georgia Landfill expansion, Jefferson County, Alabama (for Khafra ' Engineering Associates). Chadwick Road Landfill expansion, Fulton County, Georgia (for EMCON Southeast, ' Inc.). Nashville Landport transportation facility, Nashville, Tennessee (for Parsons ' Brinckerhoff Quade & Douglas). Bear Creek Reservoir, Jackson County, Georgia (for the Upper Oconee Basin Group). Banks County Landfill, Homer, Georgia (for Chambers Development Company, Inc.). 1 r' Selected Project Experience with Robert J. Goldstein & Associates, Inc. Environmental Assessments Long Creek sewerline and wastewater treatment plant, City of Gastonia, North I Carolina (for J.N. Pease Associates, Engineers). Irvin's Creek 'sewerline, Charlotte, North Carolina (for Charlotte-Mecklenburg Utility Department): Greenville wastewater treatment plant expansion, Greenville Utilities Commission, Greenville, North Carolina (for Piedmont Olsen, Enginneers). Lookout Shoals Lake raw water intake, City of Statesville, Iredell County, North Carolina (for Pierson & Whitman, Engineers). Environmental Compliance Assessment and Management Program, Seymour Johnson Air Force Base, Goldsboro, North Carolina (for the U.S. Air Force). Sedimentation and Best Management Practices forestry consulting, Union Grove, North Carolina (for G & G Lumber Company). Wetlands Investigations Onslow County Landfill expansion, Jacksonville, North Carolina (for CDM, Inc.). Hillsborough Reservoir, Town of Hillsborough, Orange County, North Carolina (for Wooten & Company, Engineers). Coastal Chemical plant site, Southampton County, Virginia (for Coastal Chemical, Inc.). Walnut Creek Greenways cumulative wetland impact assessment, Raleigh, North Carolina (for the City of Raleigh, Parks and Recreation Department). ' Wetland creation monitoring, Durham, North Carolina (for Nello Teer, Inc.). Protected SDecieS Survevs NC-87 highway expansion, Cumberland and Bladen counties, North Carolina ' Department of Transportation (for GAI Consultants). Buncombe County Landfill, Buncombe County, North Carolina (for CDM, Inc.). 1 Sampson County waterline system, Sampson County, North Carolina (for Wooten & I Company, Engineers). 1 GARROW & ASSOCIATES, INC. - ' 3772 Pleasantdale Road, Suite 200, Atlanta, Georgia 303404214 Telephone (770) 270-1192 Facsimile (770) 270-1392 ¦ 2/12/96 Mr. Charles Seymour ' Municipal Engineering Services Company, P.A. P.O. Box 97 Garner, North Carolina 27529 Re: Addendum to the jurisdictional Wetlands Delifieatiori and Protected Species Studies for the Proposed City of Albemarle, Subtitle D Landfill Expansion, Stanly ' County, North Carolina. ' Dear Mr. Seymour: Garrow & Associates, Inc., has performed the above-referenced studies on behalf of Municipal Engineering Services Company, P.A., and the City of Albemarle. The additional ' project property is approximately 59 acres in size, and' is located northeast of the existing City of Albemarle Landfill (Figure 1). It is composed mainly of open fields in a hunting preserve with a pond, a perennial stream, and forested areas along the boundaries. This report ' describes ecological communities and determines the presence of protected species or their habitats, and locates jurisdictional wetlands and waters of the United States in the additional project property. Recommendations are made concerning impacts to potential protected ' species habitats, jurisdictional wetlands, and waters of the United States. Rare and protected species include species protected by state and federal laws, as well as rare ' species that, although not legally protected, are of concern to listing agencies and members of the scientific community.- Legally protected species include animals listed as Endangered, Threatened, Special Concern, or Extirpated by the North Carolina Wildlife Resources ' Commission (NCWRC); plants listed as Endangered, Threatened, or Special Concern by the North Carolina Department of Agriculture (NCDA); and plants and animals listed as Endangered or Threatened by the U.S. Fish and Wildlife Service (FWS 1989, 1990a, 1990b, 1993a). Rare species include Candidates for federal listing by FWS and those listed as ' Candidates or as Significantly Rare by the North Carolina Natural Heritage Program (NCNHP). Efforts to accommodate these species found on a project area are encouraged but not required; such efforts help preserve a rare species before it becomes critically imperiled and legally protected. ' Wetlands are defined by the U.S. Army Corps of Engineers (COE) and the U.S. Environmental Protection Agency as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal ' circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (Environmental Laboratory 1987). Areas that do not meet the criteria for wetlands, but that hold impounded or running water during some or all of the year, are termed waters of the United States. This term applies to such features as lakes, ponds, rivers, and perennial and intermittent streams. Methods. The methods used to survey the additional project area were identical to those ' described in the previous Garrow & Associates report entitled "Protected Species Wetlands Studies for the Proposed City of Albemarle Title D Landfill," (Nethery 1994). ' Latrobe, Pennsylvania Memphis, Tennessee Raleigh, North Carolina Garrow & Associates, Inc. Page- 2 Results. The general project area was described in Nethery (1994). Soils in the additional project area include Enon gravelly loams and Goldston channery silt loams on slopes and ridges, and Oakboro silt loam in drainage areas (Stephens 1989). Most of the additional project area is an open field with scattered shrubs. Forested areas exist along property , boundaries and drainage channels. Ecological Communities. Three ecological communities occur in the additional project area: ' Open Field, Mesic Hardwood Forest, and Aquatic Habitat. The approximate locations of ecological communities are shown on Figure 2. `Scientific names of common plant species found in the project area are contained in the attached list. A majority of the additional project area contains the en field ' op community. This community is dominated by planted fescue and other pasture grasses (Figure 3), with , scattered, small thickets of smooth sumac and loblolly pine (Figure 4), or blackberry and Japanese honeysuckle. Other native species that are invading the pasture include wooly mullein, asters, dog fennel, broomsedge, beggar's-lice, and beggar's tick. Animals observed in this community include bluejay, cardinal, mockingbird, white-throated sparrow, field , sparrow, American crow, and white-tailed deer. The Mesic Hardwood Forest communities are 40-50 years old and occur in the drainage area , upstream of the ponds and along the unnamed tributary to Jacob's Creek (Figure 5). The upper canopy of this community includes American elm, tulip poplar, white oak, green ash, pignut hickory, mockernut hickory, shagbark hickory, sweetgum, and red maple. The understory contains saplings of tree species, flowering dogwood, grape, redbud, sugar maple, buckeye, and strawberry bush. The ground layer vegetation includes cross vine, Indian - strawberry, poison ivy, Christmas fern, false ginger, elephant's foot, bedstraw, and ebony ' spleenwort. Animals observed in this community include tufted titmouse, rufous-sided towhee, brown thrasher, Carolina wren, yellow-rumped warbler, and gray squirrel. A ti H bi i i h i l d ' qua c a tat commun t es n t e project area inc u e an unnamed tributary to Jacob s Creek, a smaller perennial channel, intermittent channels, and a small pond. A larger pond just downstream of the small pond has recently been drained. The unnamed stream is approximately 8-10 feet wide with 2-3 foot banks, and contains a cobble and gravel bottom , with light silt on top (Figure 6). The smaller perennial and intermittent channels draining into the small pond in the northwest are 1-3 feet wide, with cobbley, silty bottoms (Figure 7). The small pond is approximately 120 by 75 feet with a fringe of hydrophytic vegetation in ' some places (Figure 8). The drained pond has a small channel running through the middle of it (Figure 9). No aquatic animal species were observed in any aquatic habitat, but this could be due to the cold temperatures at the time of the survey. There is a significant disturbance ' adjacent to the unnamed tributary upstream of the additional project area (Figure 10) that is probably contributing some silt to the stream in the additional project area. ' Protected Species. Protected species occurrence lists from NCNHP (1996) and FWS (1996) indicate that nine state or federally protected plant and animal species are known from Stanly County. Protected species lists are attached. Marginal habitat exists in the additional ' project area for one state and federally protected plant and two state protected animals. Marginal habitat is present for the state and federally Endangered Schweinitz's sunflower in i pasture adjacent to Basic Oak Hickory Forest communities along the northwestern boundary Garrow & Associates, Inc. Page - 3 of the additional project area (see Figure 2). Schweinitz's sunflower was not observed in the project area; however, its flowering season is in the fall, and the plant is not easily detectable ' during winter., Marginal habitat for the state Special Concern Carolina darter occurs in the unnamed tributary to Jacob's Creek along the southeastern boundary of the additional ' project area. However, no fisheries sampling was performed for this study. Habitat is present in the Open Field community for the state Special Concern loggerhead shrike. No loggerhead shrikes were observed in the additional project area. No habitat or marginal habitat is present in the additional project area for any other state or federally protected plant or animal species. Nineteen. plant species and two mussels that are listed as Candidate or Significantly Rare species by NCNHP and/or as Candidate species by the FWS are known from Stanly County. Habitat or marginal habitat is present for 11 of these species, including Carolina birdfoot- trefoil, crested coralroot, Georgia aster, glade milkvine, large witch alder, prairie blue wild 1 indigo, smooth blue aster, piedmont aster, southern anemone, thick-pod white wild indigo, and thin-pod white wild indigo. None of these species was observed in the additional project area; however, these species are not easily detectable in winter. ' No further investigations are recommended in the additional project area for loggerhead shrike. Habitat for Carolina darter is within required buffer zones in the additional project ' area, and the potential for impacts to this species is low. Occurrence of Schweinitz's sunflower is most possible well within the required three hundred foot buffer along the property boundary. Due to the adequate undisturbed buffer in the additional project area ' adjacent to the Basic Oak Hickory Forest just outside of the additional project area, we do not recommend an additional survey for Schweinitz's sunflower. Additional surveys for several Candidate or Significantly Rare plant species are not recommended since the potential habitats for these species are largely within required undisturbed buffers. Wetlands. Drainages in the project area contain Oakboro silt loams (Stephens 1989). Oakboro ' silt loams are not on the National List of Hydric Soils (SCS 1991). The Albemarle, North Carolina, NWI map (FWS 1993b) indicates palustrine unconsolidated bottom wetlands (the small pond) in the additional project area. ' Four jurisdictional wetlands were found in association with the ponds in the additional project area. The approximate locations of these wetlands are shown in Figure 3. All of these ' are palustrine emergent wetlands, as defined by Cowardin et al. (1979), dominated by hydrophytic herbaceous vegetation. Wetlands 1 and 3 are small, poorly drained areas that are dominated by soft rush and sedges (Figure 11). Wetland 2 is a small area dominated by cattails (Figure 12). Wetland 4; including portions of the recently drained pond (see Figure 9), is currently dominated by wetland vegetation such as flatsedge, cattail, and spikerush, and would be considered jurisdictional wetland. All four wetlands contain hydric soils ' characteristics such as low chroma, concretions, and oxidized rhizospheres. All four wetlands were inundated and saturated at the time of the survey; however, the survey was performed several days after a strong winter storm. ' Waters of the United States exist in the project corridor in small perennial and intermittent drainage channels into the pond and in the perennial unnamed tributary to Jacob's Creek. Permits will be required from the COE under Section 404 of the Clean Water Act if fill is to be placed in these waters of the United States or the wetlands associated with the ponds. If undisturbed buffer zones are established and maintained along the unnamed tributary to Garrow & Associates, Inc. Page - 4 Jacob's creek, impacts to these waters of the United -States can be avoided. Impacts to the drainage system that contains intermittent: streams, ponds, and small wetlands, may qualify for Nationwide Permit 26 for fill in wetlands above headwaters. Also, sedimentation and erosion control measures must be taken. Thank you for the opportunity to work on this project. If you should have questions, comments, or concerns, please call me or _Barbara Garrow, President, at our Atlanta office.' Sincerely, GARROW & ASSOCIATES, INc. William R. Nethery Senior Environmental -Scientist enclosures: figures, lists L Garrow & Associates, Inc. Page - 5 REFERENCES CITED ' Cowardin, L.M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of wetlands and deepwater habitatas of the United States. Office of Biological Services, Fish and Wildlife Service, U.S. Department of the Interior. Washington; D.C. ' Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Technical Report_ Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, ' Mississippi. Nethery„William R. 1994. "Protected Species and Wetlands Studies for"the`City of Albemarle ' Proposed Subtitle D Landfill" Letter report to .Municipal Engineering Services Company, P.A., Garner, North Carolina, dated July, 1994. Garrow & Associates, Inc., Atlanta, Georgia. ' North Carolina Natural Heritage Prograrm (NCNHP). 1996. Rare elements known to occur in Stanly County, N.C. Natural Heritage Program element list. NCNHP, Raleigh, North Carolina . ' Soil Conservation Service (SCS). 1991. Hydric soils of the United States. In cooperation with the National Technical, Committee for Hydrir Soils. U.S. Department of Agriculture, ' Washington, D.C. L Stephens, Ronald B. 1989. Soil survey of Stanly County, North Carolina. U.S Department of ' Agriculture, Soil Conservation Service, Washington, D.C. U.S. Fish and Wildlife Service (FWS). 1989. 50 CFR Par- 17: Endangered and threatened wildlife and plants; animal notice of review. U.S. Department of the Interior, Washington, D.C. ' U.S. Fish and Wildlife Service. 1990a. 50 CFR Part 17: Endangered and threatened wildlife and plants; review of plant taxa for listing as endangered or threatened species; notice of review. Washington, D.C. ' -U.S. Fish and Wildlife Service. 1990b. 50 CFR Part 17.11 and 17.12: Endangered and threatened wildlife and plants. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1993a. Endangered and threatened species of the southeastern United States. -Notebook and update to Region 4. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1993b. National Wetlands Inventory draft map, Albemarle, North Carolina, quadrangle, 7.5 minute series. U.S. Department of the Interior, Washington, D.C. U.S. Fish and Wildlife Service. 1996. Listed species in Stanly County. Raleigh Field Office, Raleigh, North Carolina. 4D '1! 10 &J 1.Z IN F/ t 11 o l 4 il (CIO it ? ? ? ? 1i39 r Il t? ?? . ? / I{ , (??? . tom.- ,,g.? ?ti: ?1 • ? _ - / t l -1 '- , • v h • )??,/ : EXISTING LANDFILL ADDIT N&O IONAL SITE.. %% ^ ,:. 7l ?6'.';,`'' 1'''• ? J ?I C • , i ; ' 6?'[!• I ? ? `•. ?(! 1,: 11 534 ? ?b ` ?( _ ? ??. Cr , ?\ t J 111 {{ • . ??' / ?. fi ? G 1'. ;? `. nG.? .. ? ' t , ( ?1 'r ' b ?- , ?\ -? ? 1 , \ , `. f • ? :1, i, ` • . _ ' .. c ?` i` + - 1739 _ . : ! o B'M .492 ` ? j? ' . ? =- ? ' ? i - ? ? ? 't 1 ` , • - ; ? ? % •: : ; ) 'vi ) V ; ,- , C - re k.. ? - ? } !? - }- ?I , l ! I c ? ? ?' 1 ? ? - ?ca, ?? . J\ ? i : ' ]Ug ),?5?? ?' i/-"l'' -- %i • I? 'r ?`, ' _ (i;i} d; \' `? ? ( '??\ ?: Ire , I I l ? ` , 3r \•t ! 11 ?' ;\ I' t`jii?t i?? J ''fit ??rl • .? \ ' ?` ?I?I ,'\ / ? f? X11. .•i .' • 1- ;I' ' •oq ?'.:, o . • ,; ` ? f f •f 1 I : ' \ = Of ?? l !S,1'.?1 1 i I' -I \ l`1. contour interval =10 feet 0 mile 1 0 feet 4000 North 0 kilometer 1 Map source: Albemarle, N.C. PROJECT AREA Quadrangle, 7.5 minute 1981 Figure 1. Project Location Map. "" t -jr •? -EXISTING LANDFILL S ADDITIONAL SITE, ?eA 5 i s x •'ZZii"'' }i J3 * E F L-S x 4 v ?, .. ? ?? , t ? , ? , .? ?„4 ? ?! '`? :wed ? .? '"? ?` r' ?'. G ? - O -',?..'..•,`" !'? 'a"-a' . :•jRa-X NO- E' {. Y Y L 150)' .?' A ` a . AE zfs P, -C 2-J; `-00 V.f Y ? '.a„F .? y-ML.. , ? r ? ? ? .. ? d ,p• •r..•-.?. ? .:?:;:.:6z:"`a:? ";?'t~e-.s.. a-:_!i ?ti. t ??? ?r t ,? S a f ?- Y _ S 4. ? .y (yam ? ? • ?•-• ? ? ?'` •_ k? _ T` w t Y - k'?, .E =`a•. Tom, ??? ••1.•••••??••? g? 1 Ty. ,r k: F .?ag...:t . t ? iy • d t • ? 2 f rt . • ?MH Mesic Hardwoods F Open Field contour interval =10 feet ' Potential Schweinitz's Sunflower Habitat 0 mile 0.75 North 0 feet 1000 WL ®Wetlands 0 kilometer fl25 QWaters of the United States no-ure z. hcological Communities, Potential Protected Species Habitat, and Jurisdictional Wetlands and Waters of the United States. Figure 3. Open Field. j. Figure 4. Smooth Sumac and Loblolly Pine Thicket. a i?ui? ?. Lv at..?i\. lacaiu vv t/Vl.l 1 VLC..J L. , OPERATION/CONSTRUCTION MANAGERS Municipal Services ?? P.O. Box 97, Garner, North Carolina 27529 (919)772-5393 May 13, 1996 Mr. John Dorney Water Quality Planning Division of Environmental Management NC DEHNR P.O. Box 29535 Raleigh, NC 27626-0535 Re: Joint Form for Nationwide Permit # 26 City of Albemarle, NC Dear Mr. Dorney: ENVIRONMENTAL SCIENCES Enclosed you will find seven (7) copies of the Joint Form for Nationwide Permit # 26. If you have any questions, please advise. Very truly yours, MUNICIPAL ENGINEERING SERVICES CO., PA D. Wayne Sullivan Project Manager DWS:lch CIVIL/SANITARY ENGINEERS Engineering Company, P.A. .0. Box 349, Boone, North Carolina 28607 (704)262-1 RECEIVED 96648 MAY 1 71"6 MAY 1 6 0% L Enclosures a .b-.- v• vau.uaaat u ..- acaa? vu )cx%-mu J ?1CGL?. .b? .., .. .?...?.........,....?...??....?..?.....?....?....b ?... ?,......,. =�a :r + ti as a x a r � a �'i vsu�• �K �''.'��.i« 4>i � + � '� yr �IL i z k� S + � . ., i }M i � t .��f)r �'�a`��:i as a., t"� v-"�S'�y�C,'L[ dpi. r s :' .•6f'7j ��yy ti�arj ti .• ' .. h'� ._ •, � ;ice. -- ..0 4 _ .. i Aar •. t a .moi` - .•..,� � i�C c�evi�•" � i.' ) • 1 1 t a a`ui?.. av. ?aJlul vcal ltl.. V VJ41 l.Cllll Vl Jll{... 'b..._ ? . ?. .. ?...?...... ?. SCIENTIFIC NAMES OF COMMONLY FOUND PLANT AND ANIMAL SPECIES Common Name Scientific Name Plant species ' American elm Ulmus americana Aster Aster spp. Beggar's lice De"todium sp.- - Beggar's tick Coreopsis sp . Blackberry Rubus sp. Black cherry Prunus serotina Broomsedge ?. Andropogon virginicus Buckeye Aesculus sp. ' Catbrier " Smilax sp. Christmas fern Polystichum acrostichoides Cross-vine Bignonia sp. Dog fennel Anthemis sp. Ebony spleenwort Asplenium platyneuron E]ephant's foot Elephantopus sp. False ginger L Hexastylis virginiana Flowering dogwood Cornus florida Grape Vitis rotundifolia Green ash Fraxinus pennsylvanica Indian strawberry Duchesnia indica Japanese honeysuckle Lonicera japonica Loblolly pine Pinus taeda Mockernut hickory Carya tomentosa Pignut hickory Carya glabra Poison ivy Toxicodendron toxicaris Redbud Cercis canademis Red maple Acer rubrum Shagbark hickory Quercus ovata Smooth sumac Rhus glabra Strawberry bush Euonymus americana Sugar maple Acer sacharrum Sweetgu n Liquidambar styraciflua Tulip poplar Liriodendron tulipifera ' White oak Quercus alba Wooly mullein Verbascum thapsus A i l i n ma spec es American crow Corvus brachyrhynchos Bluejay Cyanocitta cristata Brown thrasher Toxostoma rufum Carolina wren Tlzryothorits ludoviciana Cardinal Cardinalis cardinalis Field sparrow Gray squirrel Mockingbird Rufous-sided towhee Tufted titmouse White-tailed deer White-throated sparrow Yellow-rumped warbler i 1 1 1 1 1 i 1 Spizella pusilla. Sciurus carolinensis Mimus polyglottos Pipilo , erythrophthalmus Parus bicolor Odocoileus virgiiiianus Zonotrichia nlbntrollis Deitdroica coronata State of'North Carolina Department of Environment, Health and Natural Resources Division of Parks & Recreation AQW 1 James B. Hunt, Jr., Governor Y - Jonathan B. Howes, Secretary Dr. Philip K. McKneliy, Director - February 1, 1996 Mr. William Nethery Garrow & Associates, Inc. 3772 Pleasantdale Road, Suite 200 Atlanta, GA 30340-4214 SUBJECT: Rare Species, High Quality Natural Communities, and Significant Natural Areas in the Proposed Albemarle Landfill Project Area, Stanly County, North Carolina Dear Mr. Nethery: The North Carolina Natural Heritage Program does not have-records of known rare species, high quality natural "communities, or significant natural arepLs occurring at or within a 1-mile radius of the proposed Albemarle landfill project site. To our knowledge, this project area has not been systematically inventoried and we cannot definitively state that rare species or significant natural areas do not occur there. Enclosed is a list of rare species that are known to occur in Stanly County. If suitable habitat for any of these species occurs in the project area, then those species may be present at the project site. If it is necessary to be certain that this site does not contain rare species, a f ield survey would need to be conducted. Please contact me at the address below or call me at (919) 733-7701 if you have any questions or need further information. Sincerely, , T" Inge Smith Information Specialist Natural Heritage Program __•_ ll . /iks Enclosures -7 1996 KFEB GAR AT?Atr tAaGAOC. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4181 FAX 919-715-3085 An Fn inl nnnnrffi inity Affrmnlivn A`-tinn Fmnlnvnr r l't, rcnvr-larl/ i rpI ....+_.-..,......,.,..-....-.,,. NATURAL HERITAGE ELEMENTS AND SPECIES STATUS CODES'' The attached output from, the N.C. Natural Heritage Program database is a listing of the elements (rare species, geologic features, natural communities, and special animal habitats) known to occur in your geographic area of interest. The information on this printout is compiled from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. The database is dynamic, with new records being added and old records being -revised as we receive new information. The enclosed list cannot be considered a definitive record of natural heritage elements, and it should not be considered a substitute for field surveys. When this information is used in any document, we request that the printout date be given and that the Natural Heritage Program be credited. This cover sheet explains the four columns of status codes that are given on the right-hand side of the printout. STATE PROTECTION CODE STATUS CODE STATUS E Endangered SR Significantly Rare 1 T Threatened V Vulnerable SC Special Concern UNK Undetermined C Candidate EX Extirpated P Proposed (E, T, or C) Plant statuses are determined by the Plant Conservation Program (N.C. Dept. of Agriculture) and the Natural Heritage Program (N.C. Dept. of Environment, Health, and Natural Resources). E, T, and SC species are protected by state law (the Plant Protection and Conservation Act, 1979); C and SR designations indicate rarity and the need for population monitoring and conservation action, as determined by the Plant Conservation and Natural Heritage Programs. Animal statuses that indicate state protection (E, T, and SC) are published in "Endangered Wildlife of North Carolina", March 16, 1992, N.C. Nongame and Endangered Wildlife Program. The Significantly Rare, Undetermined, Vulnerable and Extirpated statuses are (for the most part) Natural Heritage Program designations. They indicate rarity and the need for population monitoring and conservation action. FEDERAL PROTECTION The current federal status is listed in "Endangered and Threatened Wildlife and Plants, July 15, 1991 (50 CFR 17.11 & 17.12, Department of the Interior). Definitions are taken from the Endangered Species Act of 1973, as amended through the 100th Congress (1988), and the Federal Register, Part VIII, November 21, 1991 (50 CFR 17, Department of the Interior). ' CODE STATUS DEFINITION E Endangered A taxon which "is in danger of extinction throughout all or a significant portion of its range" T Threatened A taxon "which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range" P_ Proaosed A taxon which has been proposed for official listing as endangered or threatened L_ Listed A taxon which has been officially listed as endangered or threatened C1 Category 1 A taxon which is under consideration, and for ("Candidate 1") which there is sufficient information to support listing ?.. SCIENTIFIC AND STATE FED. STATE GLOBAL COMIIION NAME PROT. PROT. RANK RANK`* s*s Stanly ** Vertebrates ,,. ETHEOSTOMA COLLIS - .. i SC - S3 G3 CAROLINA DARTER ... HALIAEETUS LEUCOCEPHALUS- E - LE SIB,S2 'G4 BALD EAGLE LANIUS LUDOVICIANUS LUDOVICIANUS SC 3C S3B,S3 G4G5T4 LOGGERHEAD SHRIKE ** Invertebrates STROPHITUS UNDULATUS T - SIS2 GS SQUAWFOOT VILLOSA CONSTRICTA SR - S2S3 G4 NOTCHED RAINBOW VILLOSA DELUMBIS SR - S3? G3G4 EASTERN CREEKSHELL VILLOSA VAUGHA?NIIANA SC - S1 G3 CAROLINA CREEKSHELL ** Vascular plants AMORPHA SCHWERINII SR - S3 G3 PIEDMONT INDIGO-BUSH ANEMONE BERLANDIERI C - S1 G3G4 SOUTHERN ANEMONE ARABIS MISSOURIENSIS C - S I G4GS MISSOURI ROCKCRESS ASTER GEORGIANUS C C2 S2 G2G3 GEORGIA ASTER ASTER LAEVIS VAR CONCINNUS C - S2 G5T4 NARROW-LEAVED ASTER ASTER MIRABILIS C - S2 G2G3 PIEDMONT ASTER BAPTISIA ALBA SR - S2 G4? THICK-POD WHITE WILD INDIGO BAPTISIA. LBESCENS SR - S2 04 THIN-POD WHITE WILD INDIGO BAPTISIA MINOR C/PT - S2 G4 PRAIRIE BLUE WILD INDIGO DODECATHEON MEADIA VAR MEADIA SR - S2 GSTS EASTERN SHOOTING STAR FOTHERGILLA MAJOR _ C - S2 G3 LARGE WITCH-ALDER HELIANTHUS LAEVIGATUS SR - S2 G4 SMOOTH SUNFLOWER HELIANTHUS SCHWEINITZII E LE S2 G2 SCHWEINITZ'S SUNFLOWER HEXALECTRIS SPICATA SR - S2 G4? CRESTED CORALROOT LILIUM CANADENSE SSP EDITORUM C - SI G5T4? RED CANADA LILY LOTUS HELLERI C C2 S3 G3 CAROLINA BIRDFOOT-TREFOIL MATELEA DECIPIENS SR - S2 G5 GLADE MILKVINE NC NATURAL HERITAGE PROGR,LNI, NC DIVISION OF PARKS AND RECREATION JUNE 1995 SCIENTIFIC AND COMMON NAME STATE FED. STATE GLOBA L PROT. PROT. RANK _ RANK NESTRONIA UMBELLULA SR 3C S3 NESTRONIA G3G4 ; PELLAEA 1V UGHTIANA WRIGHT'S CLIFF-BRAKE E-SC - S1 GS QUERCUS PRINOIDES C DWARF CHINQUAPIN OAK - SH G5 SOLIDAGO PLUMOSA C/PE C2* S1 YADKIN RIVER GOLDENROD G1 SOLIDAGO RADULA WESTERN ROUGH GOLDENROD C S1 G5? VERBENA RIPARIA - .. C C2* SH GH RIVERBANK VERVAIN . , ** Natural communities BASIC OAK-HICKORY FOREST DRY-MESIC OAK HICKOR - - S3 G4 Y FOREST - - S3 GS MESIC MIXED HARDWOOD FOREST (PIEDMONT SUBTYPE) - - S4 5 G5 T5 PIEDMONT MAFIC CLIFF - - S1 G1G2 PIEDMONT MONADNOCK FOREST S4 G5 PIEDMONT/COASTAL PLAIN HEATH BLUFF PIEDMONT/LOW MOUNT - - S3 G4? AIN ALLUVIAL FOREST S5 G5 UPLAND DEPRESSION SW k-NIP FOREST - - S2 G3 XERIC HARDPAN FOREST - - S3 G3G4 ' NC \ATCRAL IIERITAGE PROGR:tNI, NC DIVISION OF PARKS AND RECREATION ' TT 'N F 1995 7702701392 GARROW SASSOC. ATL REVISED APRIL 19. 1994 Stn* coue1ty 721 P02 MAR 11,96 11:57 ' Odd eagle fHaCiaaeSl? Igucoceoha! - E • I EMM Sdrw~ sunflower ( us schw l - E There am spades w'Aldu although not now listed or ofndavy proposed for li Ung as andengered or ihroatenea, we under status review by the Service. These "Canddate (C'i and C2) species are not 109W protested under the Act. and are not cubjact to any of Its provisions, inc*1ding S.ectioe T, and they am tonally proposed or listed as threatened or endangered. We are providing the below list of candidate spades Whft t may occur within the project area for the purpose of gWg you advance notification. Those spades may be listed In the Moira. at wh" tfma they will be protected under the Act. In the meantime. we would appredste anything you night do for them. F" a *indicates no specimen in at least 20 years from this county. JkMgm rt - C2 tfeiargia aster fAsterS?t - C2 Hattet'u Aafpii t olUb; i s vgr. bell - C2{ no celtr+:npn name vi?4? i?tl.?l - C2 Yadkin River potdanrtd (Sr?Gdxao. >i?illAsa) - C2 DPTKNU RNM o.n-9m FAX TFj^msMjirTA4 .? i oK Ci V ri i { State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Wayne Sullivan Municipal Engineering Services Co. PO Box 97 Garner, NC 27529 Dear Mr. Sullivan: WQC Project # 960484 Stanly County 1 00 OM% Wpm NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 13, 1998 On May 18, 1996, you requested a 401 Water Quality Certification from the Division of Water Quality for your project (Albemarle landfill expansion) located near SR 1720 in Stanly County. A requirement of this Certification was a wetland mitigation plan. From a conversation you recently had with Mr. Eric Galamb of my staff, I understand that these impacts did not occur and the 404 Permit has expired. Please be aware that the 401 Certification has also expired and you will have to reapply for the 404 Permit and 401 Certification if you want to pursue this project under our rules depicted in 15A NCAC 2H .0500 Please call me at 919-733-1786 if you have any questions or would like to discuss this matter. Si rely, Joh . Dorney Wat r Quality Certificat Program cc: Mooresville DWQ Regional Office Wilmington District Corps of Engineers Central Files John Dorney 960484.clr Division of Water Quality - Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone 919-733-1786 - FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State- of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 13,1996 Mr. Wayne Sullivan Municipal Engineering Services Co. P.O. Box 97 Garner, NC 27529 Dear Mr. Sullivan: ,&41 C)EHNF:1 Thank you for accompanying Mike Parker and myself during our site visit to the City of Albemarle's landfill on November 20. During our site visit we searched for sites to be used as compensatory wetland mitigation resulting from the impacts associated with the landfill expansion. Only one site appears to have the possibility of providing compensation. This site was located on the headwaters of Jacob's creek south of the main access road through the landfill. The site we identified was contiguous to a portion of Jacob's creek upstream of a beaver dam. Portions of the floodplain were ponded, and an abandoned stream channel was present. We discussed constructing a small dam, near to the existing beaver dam, to increase soil saturation and inundation in the floodplain, and enhancing the existing plant community with species adapted to moist soil conditions. Species that may be appropriate to transplant include green ash raxinu pennsylvanica), hackberry (Celtis laevi&ata) , swamp chestnut oak (Quercus michauxii) and American elm mus rubra). At this time it is difficult to provide a more comprehensive list. I believe I will be near the City of Albemarle in January, and may need to visit the site again in order to provide more detailed suggestions. We discussed briefly obtaining more detailed topographic information. Please provide me with a map once this is available. We need to move forward with a conceptual mitigation plan, but I would like to see the results of the topographic survey first. In addition, I would like a map of region with the location of the landfill clearly demarcated. Please contact me if you have any questions. My telephone number is (919) 733-1786. Sincerely, Steven Kroeger cc: John Dorney, DWQ-Raleigh Mike Parker, MRO Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper E? 0 U'. DEHNR MDORESVILL E RO Fax:704-663-6040 Post-it' Fax Note 7671 Date 7 p,e?? ?lC From OK 1j co.iDePL ?''?"tRR?D 5 Co, Phone # Phone # C? Fax# 1Q-733-gQ5- Fax# CJ? Jul 15 '96 10:25 P.01/02 PRINT NAMES ; Reviewer: WQ SUPV. NCH DATE- p NDATIONS ***EACH ITEM MUST BE ANSWERED (USE NJA FOR NOT APPLICABLE) ~*** PERMIT YR.- kPPLICANT NAME: P 96 PERMIT NO: 0000484 CITY OF ALBEMARLE COUNTY: STANLY k4Y r, ROJECT TYPE: c LANDFILL PERMIT Typ 2`•- oE RCD FROM C])A: APP DoT # . **,.1-.1-k;. - REG-OFFICE: MRO DATE FM CEA: - 05/17/96 :VEER AND SUB BASIN 1: 030708 STR INDEX NO: 13-9-(2) STREAM CLASS: WSIV WL-IMPACT? :ON WL_TYPE: ` Rts?i+,v+'{r? l?it4RS? WL REQUESTED : WL ACR_EST? :-'N =scoRE(/I) : WATER IMPACTED BY FILL? : ?9N MITIGATION? : &N MITIGATION TYPE; u4004,,)rv Aa'/ y?+? %?+G KZTIGA.TION_SIZE: uokNvAdoi o_- DID YOU REQUEST MORE INFO? : Y ?1 'f-? I.m e, L/ IS WETLAND RATING SHEET ATTACHED? :?pltY NAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: RECOMMENDATION (Circle One): ISSUE ISSUEJCOND DENY ((?//?? )Mr1ENTS : wt41g?? c 4, ko t F Y M?4?- pr c1D s .?lsr J.Or9? a •9/tr 9001 '! Cv,Y 41 XAC 306' 1Ak),1ir_Y 441E- 24rve cwt v??i'A? ? ? t 2 we'd e?+ ? &-fe-S. r . t. . r C Regional Office Central Files DEHNR MOORESVILLE RO Fa_x:704-663-6040 Jul 15 '96 1026 P.02/02 MIN, ON Project name __ 4.4 G FWD F,, /l Nearest goad s /p 1 ?Z c?3 County 5'7`•?n? Wetland area 2 • D acres.Wetland width Beet Name of evaluator Date f'6 • W'Pfiftnd i,?type' ( I ct. ;axzea* . ;:.? J??-6 6ttbiilfan0*rdw5Qd forest Qgforest "'kLn`stem cani.ot be -applied: to sa . a;;?.•?:::? :;, •? . _...,:?. ?:. ? ? • ? ' Aeight € ?oo ?ic [ 'fix: ? J Ti -? ? r? ? . F,?'ahtc??i?t4lirie?stab?i?rUOa-• ?, . ? ' ; e i ? x' ?'?' CtO _ . _ , •i. ? ..' i . , . . . • '?N ''? ? •.l? 13a YY •.''?, .a3 ?ri,7 : - •• .V A J.VY •- ; ?- ? 3'" i;r. :' ... ;..}ti•;'?tit?69?at?=: ..sxx•2i°?tti :-? :? ...- w , r - M ?? ? .• ? ' ' . Y.S. •. . ? Ti,/ ! ?• A wa?H:. •,:?,, 3,:,? '?'?,??i?tiC'litice : .t:. x• ;,4.oD ; ':.. ,. .. 40 " i ".: . . f;f. :fl .. j'L.:.? '? ., :r = !tip -•: ini?:...r :?s?'?? •'L. - ? ?"1"±d•Tz i'iriBtt1`?s+?*a'2n>`"f~KiS1Tiiiaj?l!y,?v[t, ifJEa:: alsts L: Jai Zi c.. t _•Z1?n.?:..'4Ci s`^:7_ _ µ=n ':...?5????W?.?....?-.??..•??•???Y???.r»?. ' ??,c savanna • • ., ?.:,?. 4? ?resiivi?2ter`' •mar-?h,., , Rogrfen `?.`?pliemi?7'af Weiland •'_Car6linif day -?Q' ether ... _.. `br l?,tSl ` Al ss ii s ?oZ `sCr aaa%:4iannels . Wet(an. 5WZ.e ?1•, "•IT; n LSD L?ASTfeaci?,.upsld?Se,roF.radius 57 M'.'. PRINT MEMO Re, TO: JOHN DORNEY WQ ENVIRONMENTAL SCIENCES BRANCH SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NAMES : viewer: SUPV.: 7tit . p ?nG DATE : RA;6 70 NOT APPLICABLE) PERMIT YR: 96 PERMIT NO: 0000484 COUNTY: STANLY APPLICANT NAME: CITY OF ALBEMARLE PROJECT TYPE: LANDFILL PERMIT TYPE: NW2 COE #: DOT RCD FROM _CDA: APP - DATE_FRM CDA: 05/17/96 _ REG OFFICE: MRO _ RIVER AND SUB BASIN J: 030708 STR INDEX N0: 13-9-(2) STREAM_CLASS : W SIV m:(' E1\1 / 'y WL IMPACT? :/YJN M6 WL TYPE: 'F2e°skW4 Z fii?4rts4 WL REQUESTED: Z•? ?N1rIROf?iv??iTF+..4"_ :i•hOEG WL_ACR EST? -ON WL_SCORE M : (Q WATER IMPACTED BY FILL?: ON MITIGATION? : ON MITIGATION TYPE: -4- V u4wo,'j.v q Y4"f""c MITIGATION SIZE: uu)kPowtJ Q DID YOU REQUEST MORE INFO? : Y? +4;4 i 'Me, lv/// IS WETLAND RATING SHEET ATTACHED?.: 01N / N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: (/ RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY COMMENTS : GjJt Rwos Aese r) W eye Gtc'? e o t,J? pJ *e- d k lees r..-r2, b12eeA-Ck--d- Ox) Ywo &4-N-A440tC a&JDs • r.M'!ST/NG Gt?° ?i013 ?/I? .U/ ??4 ?sca9?JS? USrr's i:J 7`hG dJs°l? ?J/?i?t2s?iPC?• /¢??l? tiT 4AT Ct?1 c??,uJ /H?' ? a Ord c,,?/?•? ??rs?.s , ,?o o ,4s?,? sj?c c?/?9iN??r W&Al ?e Y-44!f 4AK. //c9A)vS 51ye, h,, cc: Regional Office Central Files 416de1&0ee0,' cl?ywxJs?`i2r-?9 i4 yC &)0111AO?9 jj K o is ¢ ?zM S yfr?a 3 ye.. xv Y ?T?AND RAT.[?G Four<?-e?$?a? . . 4 i ¦ 1: wax\a _..x Project name lbrrh?t? e (,AAO,?? Nearest road OS/2 172x. Wetland area- acres Wetland width ^- /®y°??a feet County Name of evaluator ? ?- e'76- ate $?d ?d 2- le It yid ?rrilz?tari? stream Illt#T ttE tII1 divide 9 s' •n ?'• S LnaM ?i ' F IL v .u a , is ?_predominanfTq organic - humus, y muck or peat Ezpredominantly ni;neral - non-sandy' ?. s ? predominantly ' sandy Hydraulic factors ,. ? steep topography ? alt hed or channelized otal wetland width >100 feet sY ` ?. 5 .. (3 Z Flooding ; aid wetness ? sPmipermanently to permanently Horded or inundated ? s Qnaily flooded or inundated ` intermittantly flooded o- temporary surface water ?? no evidence of flooding or surface , YBttriit?fn?iardv?rood fbrest ? a ` Pacsin 44.- forest s=teen cafihot, be. aPOM- to salt c 0 e savanna ?resiiwat?r' marsh;. , f ?v?yfen ? • ` ? ,, L'?liemeraf Wefland iaisies . br.stream.iannels 'E. 1#??it r story ` IL x ; DO T z V'k ti' ) " ° stab a Prgh t 7r -J A a `t?ititeal?t` __o _ c 'Pifeiae X. 4:fl4 Y t - i- e om 57 ,'r h? ;.1,d ,?7i? ?+F? 'ea .f?PWoA?.?'Q radius DEM ID: ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit ft NWP #26 JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide.permits that require application for Section 401 certification Wn MwGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 . Citv of Albemarle ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. ..Owners Name: PO Box 190 Albemarle, NC 28002. 2. Owners Address: 3. Owners Phone Number (Home): (Work):704-982-0131 4. If Applicable: Agent's name or responsible corporate official, address, phone number. Raymond I. Alleri City Manager PO Box 190 Albemarle. NC 28002-0190 704-982-0131 5. Location of work (MUST ATTACH MAP). County: Stanl Nearest Town or City: City of Albemarle off of SR1720 at the existing landfill. Specific Location (Include road numbers, landmarks, etc.): facility South of the City of--Albemarle 6. Name of Closest Stream(River. Jacobs Creek 7. River Basin: Pee Dee River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [X J 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO 9] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 7.0 Acres 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: _ Flooded: Excavated: wATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, - AND NATURAL RESOURCES P.O. Box 29533---- - Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 1.6 Acres .4 Acres Total Impacted: 2.0 Acres 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 July 26, 1996 Mr. Raymond I. Allen City of Albemarle PO Box 190 Albemarle, NC 28002-0190 Dear Mr. Allen: A ffl:.WYVA 14 00 ED FE F1 The Division of Water Quality (DWQ) has reviewed your application for a Nationwide Permit No. 26 for fill in wetlands in association with the construction of a lined municipal solid waste landfill. Mr. Mike Parker of the Mooresville Regional Office also has reviewed your application and has recommended that the DWQ issue a Section 401 water quality certification with the condition that a conceptual wetland mitigation plan be submitted. Therefore the Section 401 water quality certification can be issued with the condition that a draft and final wetland mitigation plans be submitted. The final plan also will need approval and be implemented in a timely manner. The wetlands to be impacted by the project were found to be performing valuable water quality functions. These include water storage, bank and shoreline stabilization and pollutant removal. The mitigation plans should address the replacement of these functions. Mr. Parker recommends that sufficient mitigation be developed downstream of the existing wetlands and within the 300 ft. buffer zone for the proposed landfill. Both Mr. Parker and myself can provide guidance for the development of the wetland mitigation plans. A prudent course of action would be to first develop a draft (or conceptual)- mitigation plan. This draft plan would then undergo a review. A final plan would need to incorporate the comments on the draft plan. Mr. Parker's telephone number is (919) 663-6040. My telephone number is (919) 733-1786. We believe that this issue can be resolved quickly. Thank you. Sincerely, Steven Kroeger cc: John Dorney, DWQ, Raleigh Mike Parker, DWQ, Mooresville Steve Chapin, US COE, Asheville Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Ja mes B. Hunt, Jr., G ove mor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 26, 1996 Mr. Raymond I. Allen City of Albemarle PO Box 190 Albemarle, NC 28002-0190 Dear Mr. Allen: A& o 1011%% 000%ft A911bNONNOWELMMI ?? IL [D EHNFi The Division of Water Quality (DWQ) has reviewed your application for a Nationwide Permit No. 26 for fill in wetlands in association with the construction of a lined municipal solid waste landfill. Mr. Mike Parker of the Mooresville Regional Office also has reviewed your application and has recommended that the DWQ issue a Section 401 water quality certification with the condition that a conceptual wetland mitigation plan be submitted. Therefore the Section 401 water quality certification can be issued with the condition that a draf,and final wetland mitigation plans be submitted. Tile final plan also will need approval and be implemented in a timely manner. The wetlands to be impacted by the project were found to be performing valuable water quality functions.. These include water storage, bank and shoreline stabilization and pollutant removal. The mitigation plans should address the replacement of these functions. Mr. Parker recommends that sufficient mitigation be developed downstream of the existing wetlands and within the 300 ft. buffer zone for the proposed landfill. Both Mr. Parker and myself can provide guidance for the development of the wetland mitigation plans. A prudent course of action would be to first develop a draft (or conceptual) mitigation plan. This draft plan would then undergo a review. A final plan would need to incorporate the comments on the draft plan. Mr. Parker's telephone number is (919) 663-6040. My telephone number is (919) 733-1786. We believe that this issue can be resolved quickly. Thank you. Sincerel:y:?:?:; V Steven Kroe cc: John Dorney, DWQ, Raleigh Mike Parker, DWQ, Mooresville Steve Chapin, US COE, Asheville Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/W% post consumer paper