HomeMy WebLinkAbout19980434 Ver 1_COMPLETE FILE_19980514State 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
A 61kT?W'A
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 27, 1998
Mecklenburg County
DWQ Project 980434
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. David McCord
Squires Homes, Inc.
5501 Executive Center Drive
Charlotte, NC 28212
Dear Mr. McCord:
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.14
acres of wetlands or waters for the purpose of a residential development at Camp Stewart Residential
Community, as you described in your application dated May 14, 1998. After reviewing your application, we
have decided that this impact is covered by General Water Quality Certification Numbers 3103 and 3108.
These certifications allow you to use Nationwide Permit Number 14 and 26 when they are issued by the Corps
of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge
and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Deed notifications or similar mechanisms shall be placed in lots with remaining jurisdictional wetlands
and waters to restrict future wetland and/or impact. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later).
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 conforming 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.
pin y,
on Howar , r. P. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
980434.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh. NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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Joint Application Form and Supporting Documentation for °
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Squires Homes, Inc.
5501 Executive Center Drive
Charlotte, NC 28212
1-704-566-7002
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
(919) 870-9191
DPR Associates, Inc.
Landscape Architects - Planners - Engineers
420 Hawthorn Lane
Charlotte, N.C. 28204
(704) 332-1204
*Subject to verification by the USACE
Date : 5/98
t
DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): Tl ??
PRE-CONSTRUCTION NOTIFICATION APPLICATION
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAG^^e.MENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL M3V?GEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
O? ^?to N?
2. MAILING ADDRESS: ce
S`tUB',DIVISION NAME:
C=TY: LAta?'/O L. STATE: Alt' ZIP CODE: Z Z 2
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK) -70o2
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
."z avAl /14?cpoel -- !Sdme, aj abAll-ew
5. LOCATION OF WORT: (PROVIDE A MAP, PREFERABLY A COPY OF USGS T020GR PHIC
MAP OR AERi PHOTOG HY WITH SCALE):
COUNTY: NEAREST TOWN OR CITY: W V
1
t
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
6. IMPACTED OR NEAREST STREAM/RIVER: ter oic / - /c-, ' G ek
RIVER BASIN: Voidkimn
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(S:.), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II) ? YES [ ] NO [01' IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
9a. HAVE ANY SECTION 404 PERMITS EN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO COT . IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY 0- 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [ IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
/. Sq Ar<et< W4;(6ef or #74? U .!C *
2
i
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLCODI??r :
DRAINAGE:
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)
*LENGTH BEFORE: I FT AFTER: O FT
g0 L• 1' ~p 114
34iS' l.? N w p ??/ ?? M Pr?rKOwT? Z(rO LP N w P {? N, ?VP? IM prOPTA
.,
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: 1? 3 FT
AVERAGE DEPTH BEFORE: 1,I -1 r, AFTE;: FT
(2) S'^-_zm CHANNEL IMPACTS WILL RESC_T FROM: (CHECK ALL T-.-!T APPLY)
OPEN CHANNEL RELOCATION:
CHANNEL EXCAVATION:
OTHER:
nmur?•
0
PLACEMENT OF PI2E IN CHAANNEL:
CONSTRUCTION OF A DAY-./FLOODING:
pwee.+
-r
11. IF CONSTRUCTION OF P_ POND IS PROPOWSED WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? /?
WHAT IS THE EXPECTED POND SURFACE AREA.?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICFS, EQUIPMENT TO BE USED (ATTACH PANS: 8 1/2" X 11" DRAWINGS
ONLY) :
13. PURPOSE OF PROPOSED WORK:
a
tA r'? por'f'
i
s
Surface Waters Perennial tributary (± 4001f - McKee Creek) ± 0.14 ac.
Important Inteimitteou Perennial tributaries + 0.15 ac.
(± 1,50011) (subject to 5001' limitation)
Important Intermittent tributaries ± 0.02 ac.
(+ 385 If) (subject to 500 if limitation/USACE)
Unimportant Intermittent tributaries ± 0.02 ac.
L+ 5061f) (not - subject to 500ljlimitation/USACE)
Wetlands + 1.26 ac.
Approximate Total - Waters of the U.S. ± 1.59 ac.
SUMitifARY OF IMPACTS
Surface Waters Perennial tributary + 0.000 ac.
(NWP #26)
Perennial tributaries (+ 80 If) 0.005 ac.
(NWP #14 -fish, bullfrog tadpoles, crayfish)
Important Intermittent tributaries (± 80 If) ± 0.005 ac.
(NWP #26 - no fish, bullfrog tadpoles, or crayfish)
Important Intermittent tributaries (± 305 If) + 0.015 ac.
(NWP #26 - no fish, bullfrog tadpoles, or crayfish)
Unimportant Intermittent tributaries j± 260 If) ±0.015 ac.
(NWP #26)
Wetlands (NWP #20) + 0.14 ac.
Approximate Total - Waters of the U.S. ± 0.185 ac.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL, HABITAT
IN THE PERMIT AREA THAT M-'-%.Y BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.) a r.Cli
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
See- Q KTdo-
1'. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ ] NO [(iF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ 1 NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ I NO [
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CERYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, L?_FES
AiaL P'3N:;S G.N T P.1CP:..;T" N Mt3ERS
14, 13, 2i, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MIIST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE A.LI DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQU=??D.
A- WT;ZT TS T,ANT) TTSF. OF SURROUNDING PROPERTY?
i. IF P_??LICABLE, WHAT IS PRCPOSED METHOD OF SEWAGE DISPCS:=?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLIC BIE.
N=-: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN TIE TTY-ENTY COASTAL COUNTIES ONLY) , A LETTER FRCM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGN TURF VA-T ID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18c.))
5
LEONARD S. RMNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning (919) 870-9191
May 8, 1998
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R Dorney
Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Camp Stewart Road Residential Development - ± 41 Acres. Charlotte. Mecklenburg County.
North Carolina - Nationwide Permit #14 and #26
Dear Sirs:
On behalf of my client, Mr. David McCord of Squires Homes, Inc., I am requesting your review of a very
well planned project that avoids and minimizes impacts to wetlands and streams. As a result of sensitive land
planning, the forested wetlands, streams, and natural areas have been incorporated into the overall design in
a way which we believe will create develop a pleasant and highly marketable residential community.
Approximately 92% of the delineated streams and wetlands on the site are not impacted by the development
of this project. The delineated wetlands and streams on the site include + 2,766 if of streams and ± 1.26
acres of jurisdictional wetlands. Approximately 2,260 If of the stream are considered important and 5061f of
the streams were determined unimportant by the USACE. Approximately 1,900 if were determined to
support aquatic life such as fish, bullfrog tadpoles, and crayfish. Approximately 385 if (except for a small
pool) will most likely 1I support these organisms. The streams were evaluated based on important
characteristics such as persistent pools; evidence of macro-invertebrates; evidence of wildlife utilizing the
stream; and channel substrate. Additional studies were also conducted to evaluate the habitat of the
intermittent and intermittent to perennial streams. As depicted on the attached plans and in this report, the
developer has taken great care in avoiding the perennial stream and minimizing impacts to intermittent
streams with important aquatic value. Proposed impacts are limited to - 0.14 acres of wetlands; 385 If of
important streams (but not those capable of supporting fish, bullfrog tadpoles, and cravfish); and
approximately 80 If of important stream for an unavoidable road crossing; and + 260 If of unimportant
streams. All the streams that are likely perennial will not be impacted except for one necessary road crossing.
BACKGROUND
The site is within a drainage area of unnamed headwater tributaries of McKee Creek (Water Classification -
C). McKee Creek is flows to Reedy Creek in the Yadkin River Basin. The majority of the site is a
moderately sloping woodland and former agricultural land. Jurisdictional wetlands and surface waters were
determined to be present on the site primarily in conjunction with the headwater tributary. The site is within
a drainage area of unnamed headwater tributaries of McKee Creek (Water Classification - C). The proposed
residential development is on approximately 40 acres in east Mecklenburg County, North Carolina. This area
of Mecklenburg County is experiencing rapid economic and population growth especially in conjunction
with the Charlotte Outer Belt, which passes east of the site. Current land use in the vicinity is single family
subdivisions, and agricultural areas. There are approximately l .59 acres of jurisdictional surface
Camp Stewart, Page 3, May 8, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDENR
waters and wetlands on the project site. The jurisdictional waters and wetlands on this site were be found to
have very high value and function regarding water storage, pollution removal, bank stabilization, aquatic life
resources utilizing Guidance for Rating the Values of Wetlands in North Carolina - Fourth Version.
Wetlands and streams which will not be disturbed wi l be protected during construction from damage due to
construction traffic, drainage and other forms of disturbance. The remaining enhanced by utilizing the storm
drainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic
life functions.
Wetland Delineation.M!cthodoloav
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination, indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were identified as described in the manual. The wetland boundary was marked in the field by
Leonard S. Rindner, PWS, Environmental Planning Consultant and was reviewed and verified by the
USACE (Steve Chapin). The surveyed map has been used for planning and for permitting purposes.
e t' n
The forested headwater wetland areas are dominated by Facultative, and Facultative Wet species associated
with the tributaries. Trees include red maple, sweetgum, willow oak, hornbeam, and green ash. Understory
and herbaceous strata includes silky dogwood, alder, spicebush, smilax, microstegium, sedges, soft rush, and
others. Where the forest has been removed or the soils are more saturated Obligate species such as black
willow are present.
Lvclric Soils
The site includes Monacan (Mo) and Helena soils (HeB). These soils are map units which may have
inclusions of hydric soils according to the Soil Conservation Service (now Natural Resource Conservation
Service), Technical Guide-Section II-A-2, June 1991.
rolo
The wetland areas on this site are the result of a surface runoff overbank flooding and a high seasonal water
table over a clayey subsoil. The stream through the pine area at the upper part of the site was channelized in
the past.
,SEXHIRY OF JURISDICTIONAL WATERS OF U.I
Surface Waters Perennial tributary ( ± 400 If - McKee Creek) ± 0.14 ac.
Important Intermittent/Perennial tributaries ± 0.15 ac.
(± 1,500 If) (subject to 500 !'limitation)
Important Intermittent tributaries ± 0.02 ac.
L 3851f) (subject to 500 If lindtation/USACE)
Unimportant Intermittent tributaries + 0.02 ac.
L+ 5061f) (not - subject to 500 if limitatiomV,1VACE)
Wetlands + 1. 2,6 ac.
Approximate Total - Waters of the U.S. ± 1.59 ac.
Camp Stewart, Page 4, May 8, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDENR
SUMMARY OF IMPACTS
Surface Waters Perennial tributary ± 0.000 ac.
Perennial tributaries (± 80 ]f) ±0.005 ac.
(NWP #14 -fish, bullfrog tadpoles, crayfish)
Important Intermittent tributaries (± 80 ]f) + 0.005 ac.
(NWP 926 - no fish, bullfrog tadpoles, or crayfish)
Important Intermittent tributaries (± 3051f) ±0.015 ac.
(NWP #26 - no fish, bullfrog tadpoles, or crayfish)
Unimportant Intermittent tributaries ( 260 If) ±0.015 ac.
(NWP #26)
Wetlands (NWT #26) + 0 14 ac
Approximate Total - Waters of the U.S. ± 0.185 ac.
WETIr1NDS PERMITTING AND MITIGATION
The layout minimizes impacts to the perennial tributary and intermittent tributaries which exhibit important
characteristics such as persistent pools and/or saturated channel bottom; evidence of macro-invertebrates;
reduced soils; algae; hydrophytic vegetation in or adjacent to the channel; evidence of wildlife utilizing the
stream; and sandy to gravelly channel substrate. Except for temporary construction and development
impacts, we believe that the proposed project will not cause significant impacts to the ecological functions or
values of Jurisdictional Waters of the U. S.
Avoidance, Minimization, and Mitigation
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Temporary Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings as necessary
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands to be preserved will be clearly marked prior to construction to prevent accidental
damage. The contractors will be held responsible for unauthorized wetland damage not
permitted according to plans and specifications. Preconstruction meetings shall be held if necessary
with representatives of the USACE and the NCDWQ.
g) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery.
h) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
i) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
Camp Stewart, Page 5, May 8, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDENR
PROPOSED COMPENSA TOR Y MITIGA TION
A mitigation plan has been developed for a "no net loss" of wetland habitat, value, and function to the extent
ieasibie on this site. T:e "cr L,us pi,ui is to piQserr,Q, i)COtect, me extents or the remain g easting
wetlands and streams.
Based on a site review and subsequent discussions with the USACE (Steve Chapin), minimizing
impacts to the forested buffer adjacent to the perennial stream was determined to be acceptable as mitigation
for impacts to the remaining streams and wetland impacts. Protection of existing streams and wetlands will
be enhanced with as much natural buffer as feasible. Although in most cases this natural construction buffer
will be sufficiently wide, it will be a minimum of 20' wide barricaded with silt fence.
Hydrophytic vegetation will be utilized to restore the vegetation in the buffers, wetlands, and
stream banks, that is removed to allow construction. Vegetation will include bottomland hardwoods,
scrub/shrub, and herbaceous vegetation.
All new plantings will consist FACW and OBL species. Planting will be conducted in the spring and
the fall. Annual ryegrass or other annual vegetation will be utilized in order to provide temporary
stabilization during the summer and winter months or until planting times become available. During planting
wetlands and surface waters will be protected from erosion and sedimentation. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. Existing
specimen trees will be saved if possible in the construction of these mitigation areas
Stream buffers will be protected from construction impacts and siltation. Wetland areas not to be
disturbed will be clearly marked and barricaded if required.
Mitigation has not been provided for streams determined unimportant and for intermittent streams
that did not have organisms such as fish, crayfish, and bullfrog tadpoles. Although mitigation is not provided
for these streams the developer has taken significant steps in developing the plans to minimize impacts to
streams and wetlands on the project to balance the sites economic viability, site planning requirements,
marketing issues, engineering requirements, local zoning conditions, and the environmental consequences.
Employment of strict erosion and sediment control procedures will be specified to avoid impacts to water
quality. Existing wetlands and surface waters and buffer areas will be protected from erosion and
sedimentation during construction and installation of the mitigation sites. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary.
The preserved streams and wetlands will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. Development of these areas will be deed restricted in
accordance with restrictive covenants or will be preserved within a conservation easement which will be
developed for approval by the USACE and/or NCDWQ.
THREATENED AN ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of successional fields, margins, and forested
openings. Portions of the site are currently in old field succession and secondary succession especially along
woodland edges. Based on soil types it was determined that this site may be conducive to the presence of
Schweinitz's sunflower. The site was surveyed by Dr. Jim Matthews of HARP. Based on their resort
chwe??anflower was not present.
Camp Stewart, Page 6, May 8, 1998
Mr. Steve Chapin - USACE, Mr. John R Dorney - NCDENR
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstr ;tons such as stumps or fallen trees. its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams - Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
CULTURAL RESOURCES
The North Carolina Department of Cultural Resources- Office of State Archaeology, and Survey and
Planning Branch, in Raleigh, NC on March 17, 1998, to see if archaeological and or historical sites have
been previously identified on the site as indicated on their USGS Maps as of this date. Although these maps
are approximate, two sites (MK 438 and MK 439) on the maps at the Office of State Archaeology. These
sites were probably found in conjunction with field surveys conducted for the I-485 Environmental Impact
Statement and appear to be within the project boundaries. Of the two, MK 438, was described by the
reviewer (Ms. Susan Myers) as potentially eligible for the National Register for Historic Places and
recommended that further testing be done. This information was according to the archaeologist who
conducted the survey. No architectural sites eligible or potentially eligible for the National Register of
Historic Places were indicated on the USGS maps at the Survey and Planning Branch. It appears that the
archaeological site is adjacent to or straddles the project boundary and the NCDOT right-of-way and may be
preserved. The developer has engaged the services of a professional archaeologist Tom Hargrove of
Archaeological Research Consultants to determine the extents of the site and has obtained a proposal for a
Phase -2 survey if possible. The developer and planners will work closely with the SHPO if disturbances are
required in the vicinity of the site.
AQUATIC HABITAT
The aquatic systems in the project area consist of headwater wetlands, and perennial and intermittent
tributaries. A variety of wildlife is supported by these systems including mammals, birds, reptiles,
amphibians, fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and
sedimentation control plan will be maintained during the construction period in order to control degradation
of water quality downstream and protect the areas to be preserved. Short term construction impacts,
primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent
practicable to promote rapid recovery. Project construction will strictly adhere to an approved sedimentation
and erosion control plan. Best Management Practices will include utilizing siltation trapping ponds and other
erosion control structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface waters.
Also, as required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live"
or fresh concrete from coming into contact with waters until the concrete has hardened. Aquatic resources
are expected to be enhanced through the restoration of wetland areas that flood and pond for longer
durations.
Camp Stewart, Page 7, May 8, 1998
Mr. Steve Chapin • USACE, Mr. John R Dorsey - NCDENR
CONCLUSION
The approximate 41 acre residential development has been designed to balance the site's economic viability
with its environmental value. The goal of the site plan and mitigation plan is to help balance the
environmental consequences of this development by preserving to the extent feasible the most valuable
Jurisdictional Waters of the U.S. on the site. Great care will be taken to minimize further impacts to
wetlands and streams. The undisturbed streams and wetland areas will be preserved by the applicant or by a
group designated by the owner for this purpose.
Please contact me if you have any questions or require additional explanation. Thank you for your
0 1 Gl GIy
Leonard S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect #578
cc: Mr. David McCord - Squires Homes, Inc.
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SONIA PERILLO
7414-EPebblestone D/tve, Charlotte, NC 18211 • (704) 535-0419 • per/llocatellsouth.net
Leonard S. Rindner
Landscape Architect and Environmental Planner
711 1 1lic:otti Nut Drive
Raleigh. NC 27613
May 7. 1998
Dear Mr. Rindner,
I examined the requested channel of the Camp Stewart project in Mecklenburg County, NC on
May 3. 1998. The channel examined is illustrated on the following map.
The portion of the channel labeled as Al-A7 has a sandy substrate and is approximately 1-2 feet
in width and 1-4 inches in depth. It is bordered by a disturbed deciduous, evergreen forest,
including rose (Rosa sp. ). greenbriar (Smilax sp. ), alder (Alnus sp. ), Virginia pine (Pines
virginiana), flowering dogwood (Cornus florida), and various herbaceous species. There are
grasses growing in portions of the channel between Al and A3. At A-3 the channel goes
underground and reemerges approximately 20 feet downstream at flag _a-4. A crayfish was seen
in 'he bottom of a pool approximately 8 inches deep between _a4 and A5. Bettiveen A5 and A7
the cli:utttel goes underground and reemerges several times.
The portion of the channel labeled A7-A11 has a sand and gravel substrate and is approximately
1-3 feet wide and 1-4 inches deep. The vegetation border is dominated by rose, but also includes
flowering dogwood, greenbriar, and various herbs.
Behveen Al I and A13 the channel widens to 4 to 5 feet. The water becomes shallower and the
fl0\V slows significantly. The substrate is primarily sand and mud, and the vegetative border is
main dominated by rose.
From A13 to B3 the channel narrows to 1-3 feet. The depth is approximately 1-4 inches and the
substrate is primarily mud. The vegetative border is dominated by rose, but also includes other
trees, shrubs, and herbs. After B3, the channel begins to spread out. The water flow slows and
the channel beQitis to function more as a wetland than as a stream.
There was evidence of a small amount of invertebrate aquatic life in the channel below A3. As
previously mentioned. a crayfish was seen in a pool near A4. Occasional burrows were detected
further downstream as well. A few species of aquatic insects and larvae were also seen. This
channel is unlikely to be capable of supporting vertebrate aquatic species requiring year-round
water, including fish, bullfrog (Rana catesbeiana) tadpoles, and many salamanders requiring
over a year to metamorphose. While a small amount of water may remain in the pools during the
dn• season, these pools are too small in size and too rare in occurrence to provide a significant
amount of water for fish and amphibian larvae. Additionally, this stream is not connected by
deep enough water to allow the movement of fish and amphibian larvae to more suitable habitat.
Southern leopard frog (Rana utricularia)
Eastern narrow-mouthed frog (Gastrophryne carolinensis)
Northern leopard frog (Rana pipiens)
The channel labeled C (below the wetland outlet at flay C7) is the best stream habitat for aquatic
life in the project area. This stream has a more varied substrate, including mud, sand, and gravel.
It is deeper and has pools that probably retain water during the dry season. This stream should
be avoided if it is at all possible.
It should be mentioned that factors other than water availability also influence the presence or
absence of aquatic vertebrates. These are unique to each species and would include water
temperature, food and cover availability, predation and competition levels, and water quality.
Please let me know if I can be of further assistance to vou.
Sincerely.
Sonia Perillo
Wildlife Biologist
-44 S 29'21'28" N X7.33'
L45 S 25'04'53" W 29.02
L46 S 38'27'08" W 49.42
L47 S 25'32'05" W 39.81'
L48 S 77'40'04" W 53.44'
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FROM : Archaeological Research PHONE NO. : 919 832 0429
ARCHAEOLOGICAL
;?ESEARC'H
CONSULTANTS, INC.
Fax Transmission from Archaeological Research Consultants, Inc.
Fax and Telephone number: (919) 832.0429
To: D'oJ_A &?CQ-r.? ---------------------------------------
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Fax number: - 70 70 -__--
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Date: s" II - q S
Comments:o?..v???w SHw, 4- 44-&
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P01
01
P.O. Box 25426
lialalgh, North Carolina 27611 919 832-0429
MANAGEMENT SUMMARY
The archaeological survey of the proposed Squires Homes development on Camp
Stewart Road covered approximately 40 acres north of Mint Hill in eastern Mecklenburg
County, North Carolina. The purpose of the survey was to examine the project area for
pr?:I:iswrlc 01 11151ori-:;ai dIC.ldeLiC iC3L si,Q_, '• lC?i siSnificant remaiiis ""lat rmiia
eligible for nomination to the National Register of Historic Places.
Since most of the project area is in forest or abandoned pasture, the survey relied
heavily on screened shovel tests at intervals of 30 m (100 feet). In the numerous areas
with exposed ground surfaces (farm roads, drill rig trails, tree falls, etc.), the surveyors
Oo:wly examined the exposures for prehistoric and historic artifacts.
The survey recorded six sites, including two previously recorded sites. Each site
appears in the following list with its state-assigned site number, a brief description of the
site and its research potential, and our opinion as to whether the site should be considered
eligible for nomination to the National Register of Historic Places:
Site Number Type of site Research Potential National Register
Potential
31MK438 prehistoric (Middle possibly high may be eligible;
Archaic, Late Archaic, requires Phase 11
Woodland, tests
Mississippian)
31MK438•• 19"-20i1' cent. house site low not eligible
31MK439 prehistoric (Woodland) low not eligible
31MK863 prehistoric (lithic) low not eligible
31MK864 prehistoric (lithic) tow not eligible
31NM865 preliiNtoric (Woodland) low not eligible
31 MKW prehistoric (lithic) low not eligible
During the archaeological surveys of the Charlotte Outer Loop in the late 1980s,
archaeologists recorded sites in the future highway corridor and in adjoining areas along
the eastern edge of the Squires tract (Turner 1989). Two prehistoric Woodland sites in
the corridor and in the Squires tract, 31MK438 and 31MK439, were recommended for
Phase 11 tests at that time. In our survey, we relocated both sites. The remains at
31MK439 appear to be too severely damaged by erosion to have retained any research
value. The site is not eligible for nomination to the National Register of Historic Places,
in our opinion.
Tod 6zt70 zs:a 616 : 'ON 3NOHd WJeasad J eO T 6010aey0ad : WOdd
Soil erosion has also damaged the remains at 31MK438, but the density and
variety of remains (Middle Archaic, Late Archaic, Woodland, and Mississippian)
suggests that the length and intensity of settlement might have led to the formation of
buried features (hearths, house patterns, storage pits, burials) that might have survived the
long history of plowing and soil erosion.
The remainder of the prehistoric sites (31MK863, 31MK864, 31MK865,
31MK866) are represented by relatively sparse upland remains severely disturbed by
plowing and farm erosion. The historic period remains at 31MK438** represent a
relatively recent, late nineteenth or twentieth century occupation. These sites are not
eligible for nomination to the National Register of Historic Places, in our opinion.
We do not recommend additional archaeological study of 31MK439, 31MK863,
31MK864, 31MK865, 31MK866, or the historic remains at 31MK438**. The remains at
31 MK438 extend about 100 feet west of the highway right-of-way. Part of the
prehistoric remains at 31 MK438 are in the buffer zone between the development
construction area and future highway construction. For the section of 31 MK438 which is
not in a protected buffer zone, we recommend Phase H test excavations, consisting of six
to eight one-meter square test pits, in the prehistoric components at 31MK438.
The maximum cost of Phase II test excavations at 3 IMK438 would be $4,672.00
(four thousand, six hundred seventy-two dollars).
Tod 6Zb6 ZZe 6T6 : 'ON 3NOHd 40aeasad JeOT601cae40ad : WOad
FROM Archaeological Research PHONE NO. 919 832 0429 P012
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