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HomeMy WebLinkAbout19981251 Ver 1_COMPLETE FILE_19990129State 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 4 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 26, 1999 Cabarrus County DWQ Project # 981251 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Duane Bennett Great Land Development Company 10712 Old Wayside Road Charlotte, NC 28277 Dear Mr. Bennett: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.31 acres of wetlands and 560 feet of streams for the purpose of constructing road crossings and lot fill at Concord Lake Development, as you described in your application dated December 17, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3103 and 3108. These certifications allow you to use Nationwide Permit Numbers 14 and 26 when the Corps of Engineers issues them. 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 Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 30 feet of all perennial streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). If you do not accept any of tho 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. Sinc y, es n Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office John Dorney Central Files Todd St. John Len Rindner 981251.1tr 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 MEMORANDUM TO: John Dorney Regional Contact: Samar Bou-ghazale Non-Discharge Branch WO Supervisor: Rex Gleason Date: 91 -9 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Concord Lake - Residential Development Great County Cabarrus Project Number 98 1251 County2 Recvd From APP Region Mooresville Received Date 12/17/98 Recvd By Region Project Type residential Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. F 14 F_1FwF_O Y O _NF_ 13-17-9-4- WSIV c.a ?) ?712 0.31 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y .O N Did you request more info? Q Y * N Have Project Changes/Conditions Been Discussed With Applicant? QQ Y O N Is Mitigation required? Q Y 6 N Recommendation: Q Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 352850 Longitude (ddmmss) 803530 Comments: NIffigation is not required for the three proposed road crossings- It is this office's opinion that avoidance and minimisation were addressed during the design of the project. It is recommended that the 401 certifi ation be issued. cc: Regional Office Central Office Page Number 1 Facility Name Concord Lake - Residential Development Great County Cabarrus Project Number 98 1251 Regional Contact: Samar Date: 1/19/99 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 981251 record Lake ential Development Caharrus County, North Carolina Joint Application Form and Supporting Documentation for NATION97DE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONff7DE PERIIIITS TIMT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared For. Mr. Duane Bennett Great Land- Development Company 10712 Old Wayside Road Charlotte, NC 28277 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704)846-046I Flehan Engineering Inc. 5408 Gnildbrook Road Charlotte, N.C. 28226 (704) 332-1204 *Subject to verification by the USACE Date : 12/98 1 DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL 10,NAGEMENT 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 MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME : G reo -+ Lar\.d t?t?QveJ!a2 1&_',+ Co 2. MAILING ADDRESS: O, `Z X16 SICY . ?-gad SUBDIVISION NAME: CITY:/' ?hak- ID 4'e- STATE: ZIP CODE: 2 SZ?? PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): C,\CO Y d L-1?4--Z?4Q, c?? i'yl P??1? 3. TELEPHONE NUMBER (HOME): (WORK) , ._ 70`'f '-!', ? 4 1 - A+47444t 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr fi?ya?? ??iVl?t?i 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AER AL PHOTOGRAPHY WITH SCALE): COUNTY: ?'ti?l(J S NEAREST TOWN OR CITY: C.O?6 k-' d yy\-a l?c7fiS SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): IVakel e- Y-e L_I41 6. IMPACTED OR NEAREST STREAM/RIVER: UT RIVER ? 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SA.'TWA_TER (SA) , HIGH QUALITY WATERS YE(SQ[) , OUNSOT [NDINIFREYES, SOURCE WAINRS (OR:v) , WATER SUPPLY (WS-I OR WS-II) _ 7b. IS THE PROJECT LOCATED WITHIN P_ NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ 1 NO [ 1 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? 8a. HAVE ANY SECTION 404 PERMITS BFRN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [ IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT 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 : _J71 1 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: `?.&.c, &r.e, ? Tjo - z S of ??C; S'IYc,a??S and- LC. ko's ov-- +k t s sTt?l . 2 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES TO BE IMPACTED: .271 10b. (1) STREP.M CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) L)m IrlRvIz-Tb ` 21&b 1-r- LENGTH BEFORE: (MPOf?T? - 30C > AFTER: FT o: o rbad C,?oSS s ?^? 5? U WIDTH BEFORE (based e:: normal high water contours) : I TTr?` Z v--/o1FT WIDTH AFTER: AVERAGE DEPTH BEFORE: ?Y11120. J+4*+?? ? 3E?T AFTER: FT (2) STR=AY CFA-NT 'N:-:L IM?ACTS WILL R°_SULT FROM: (CHECK ALL T'?-- A- PLY) 02EN CHANNEL RELOCATION: FT'CC i?ENT OF 212E IN CH1kNNEI: ?t?a? crvsst CHANNEL EXCAVATION: CONSTRUCTION OF A DA`.'/FLOODING: e?I•??,rr?-e,! d t s? r? .2,,?,-?.. f si ? ??oe( rncs?f" - OTHER: m? 61 cir• stn ? i o ?• 11. IF CONSTR CTION OF A POND IS PRO OSED, 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 N`ECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : " I ?i{?U ?i? GYU ?S t net s are- n D? ? r +-e- G(e y-r-t up Yne U \3 L C?- amp ?S 13. PURPOSE OF PROPOSED WORK: <19-o , , / ? o;i.&J h ke 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): II ?l I n ' ry-A- rg!iFd J i r r CT 4 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 MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 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: 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [] NO (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [ b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] 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. CHRYS 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, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STRZA- S (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN CN THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR INCH EQtJALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT, C. IF DEIINEAT.:ON WAS PERFORMED BY A. CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER K%NAGF-MENT PLAN IF RZQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? 1 ?pWHAT? IS PRCPCSED METHOD OF SEWAGE DISPOSAr•7 f. IF APPLICABLE, g. SIGNED AND DA ED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOT'-": WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO : 1) ISSUANCE OF A SECTION 444 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN T?o T'WENTY COASTAL COUNTIES ONLY) , A LETTER FROM 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 SIGNATURE VALTID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (169.)) 5 LEONARD S. RINDNEE, PWS Environmental Planning Consultant 3714 Spokeshave Lane Landscape Architecture Matthews, NC 28105 Land Planning (704) 846-0461 December 12, 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 Division of Water Quality - NCDENR Environmental Science Laboratories 4401 Reedy Creek Road Raleigh, NC 27607 Mr. Mike Parker NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Concord Lake Residential Development - ± 160 Acre Site. C abarrus County. North Carolina - Nationwide Permit #14. #26. #12 Dear Sirs: On behalf of my client, Mr. Duane Bennett of Great Land Development Company, I am providing you with the following information concerning Concord Lake Development for your consideration. The project site is located in rapidly developing Cabarrus County, NC. Current land use in the vicinity is developing single family subdivisions and schools. There are approximately 50. to 55 acres of jurisdictional surface waters and wetlands on the project site. Over 99% of the wetlands, streams, and surface waters will not be impacted by this well planned project. Several modifications to the plans including scope reduction were made based on actual field conditions to avoid and minimize impacts. Impacts have been minimized to necessary road crossings and to disturbed wetland areas only. Impacts to an important stream will not exceed 150 If. To verify avoidance and minimization of impacts to wetlands adjacent to Concord Lake, the rear property lines of the lots were surveyed to confirm that the lots did not encroach significantly into the wetland areas. All fill material will be unpolluted and appropriate measures to control sedimentation and erosion will be employed. Wetlands which will not be disturbed will be protected during construction from damage due to construction traffic, drainage and other forms of disturbance. Large areas of contiguous wetlands be preserved and remain undisturbed. The preserved wetlands and streams will be protected by restrictive covenants and the hydrology will be maintained and enhanced by utilizing the stormdrainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic life value. The following sections present the results of the environmental planning reviews of the project site and a description of the impacts and proposed minimization and mitigation measures. The undisturbed wetland areas and mitigation sites wilI be preserved by the applicant or by a group designated by the owner for this purpose. Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ Page 3, December 12, 1998 SUMMARY OF WATERS OF THE U.S Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA Soil Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland hydrology were be identified as described in the manual. General Wetland Classification and Description The wetlands on this site can be describe as Palustrine Forested Broad - Leaved and Scrub/Shrub and Seasonally Flooded and Emergent. The site is within a drainage area of unnamed headwater tributaries of Cold Water Creek. aetation The wetland areas are dominated by Facultative Wet and Obligate species. Trees include green ash, alder, willow oak, willow, and others. There are large specimens of Bald Cypress. Understory and herbaceous strata includes silky dogwood, alder, spicebush, hibiscus, smilax, microstegium,, sedges, soft rush, poison ivy, jewelweed, and aquatic vegetation. HjLckic Soils The site includes Chewacla (Ch) soils. 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. &olo The wetland areas on this site are the result of a surface nunofl? and a high seasonal water table over a clayey subsoil. Lake Concord +12.00 acres Surface Waters Intermittent and Perennial tributaries ± 1,100 If (important) ±0.12 acres Intermittent to ephemeral + 260 If (unimportant/channelized) ±0.02 acres Wetlands ±42.00 acres Approximate Total - Waters of the U.S. ±54.00 acres Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ Page 4, December 12, 1998 Results of Preliminary Discussions with USACE and the NQM Based on a review of the site the USACE, recommended avoidance of the important perennial and intermittent streams to the extent feasible. The USACE also suggested along with NCDWQ that impacts to wetland areas adjacent to the lake to the extent feasible. These are the most valuable wetland areas on the site utilizing Guidance for Rating the Values of Wetlands in North Carolina - Fourth Version. The values are derived primarily from water storage, pollution removal, and bank stabilization. The USACE also suggested that buffers be considered as a part of the mitigation plan. PROPOSED IMPACTS Impacts to Jurisdictional Waters on this site have been avoided and/or minimized to the extent feasible. Impacts to wetlands are limited to the following: SUMMARY OF IMPACTS Lake Concord ±0.00 acres Surface Waters Intermittent and Perennial tributaries ± 3001f (important) by 3 road crossings ±0.04 acres Intermittent to ephemeral + 260 If (unimportant/channelized) ±0.02 acres Wetlands ±00.31 acres Approximate Total - Waters of the U.S. ±90.37 acres Over 99% of the jurisdictional waters on this project site are avoided WETLANDS PERMITTING AND MITIGATION Preliminary planning for the project involved site analysis and consideration of environmental, economic and regulatory issues. Topography, natural features and systems, circulation, site organization, open space, development requirements, and environmental issues were considerations in designing the overall plan. Minimization and mitigation measures were developed based on discussions with the USACE and NCDWQ. The plap and commitments made in this report reflect a positive response to the preliminary discussions, determinations, and concerns of the regulatory agencies. Except for temporary construction and development impacts, we believe that the proposed project will not cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S. Avoidance. Minimization, and Miti ion The following avoidance and minimization efforts and measures have been taken: Positive response to the recommendations and expected comments by the NCDWQ and the USACE. Aodi rcations to the approved overall lau to further avoid and/or minimize impacts to wedlwds and streams Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Page 5, December 12, 1998 Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will include: a) Siltation Barriers; Sediment Traps and Diversion Ditches b) Barricades to define construction limits to sensitive sites and to protect trees c) Preconstruction meetings d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and natural areas to be preserved. e) Methods to prevent short term impacts will be inspected regularly and maintained during construction of the project. f) Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland damage not permitted according to plans and specifications. Preconstruction meetings shall be held if necessary with representatives of the USACE and the NCDWQ. g) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to promote rapid recovery. h) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface waters. i) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh concrete from coming into contact with waters until the concrete has hardened. Proposed Compensatory Mitigation A mitigation plan is proposed for a "no net loss" of wetland and stream habitat, value, and function to the extent feasible on this site. The " of this plan is to preserve, protect and the extents of the existing wetlands and streams to be saved through enhancement by buffers and best management practices to minimize construction impacts. Establishing and maintaining a natural, forested, low maintenance ecosystem are valuable in reducing the volume of runoff, and thereby reduce erosion and pollutants (such as nutrients) coming from an area of more intensive land use (such as lawns and landscaping) to a water body. The reduction of erosion and pollutants occurs through natural mechanisms such as deposition, infiltration, adsorption, absorption, filtration, and decomposition. PROTECTION FROM FUTURE DEVELOPMENT The preserved wetlands and streams will be protected from future impacts by the applicant or by a group designated by the applicant for this purpose. Development of these areas will be deed restricted in accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ. Restrictive Covenants will include the following information: The area shall remain in its natural condition in perpetuity Prohibition of the placement of utilities, filling, dredging, construction, or other activities, unless approved. THREATENED AND ENDANGERED SPECIES Federally listed plant and animal species with endangered or threatened status are protected under the Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower (Helianthus schweinitzii). Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr_ Mike Parker - NCDWQ Page 6, December 12, 1998 Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings. Portions of the site are currently in extremely dense succession due to recent clearcutting. The remaining areas are currently forested. Based on an overall evaluation, the site does not appear conducive to the habitat or presence of Schweinitz's sunflower. CULTURAL RESOURCES The project site is disturbed from clearcutding, grading, and agricultural activities and is in early succession. Over 1/3 of the site ponds and wetlands. According to a review of the USGS maps at the Office of State Archaeology and the Survey and Planning Office of the North Carolina Department of Cultural Resources no sites were indicated on the National Historic Register within the study area. There were no existing structures found on the site. AQUATICHABITAT 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. CONCLUSION The approximate 160 acre development is a sensitively designed development. Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive site planning has chosen to balance the site's economic viability with its environmental value and permitability. The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this development by restoring and creating beneficial wetland or riparian habitat and enhancing and preserving the Jurisdictional Waters of the U.S. remaining on the site. The undisturbed wetland areas and the mitigation sites will be preserved by the applicant or by a group designated by the owner for this purpose. They will be managed as a wetland system of high value. Please lontact me if you have any questions consideration. e, dnerePWS Environmental Planning Consultant NC Landscape Architect #578 or require additional explanation. Thank you for your cc: Mr. Duane Bennett Great Land Development Company 10712 Old Wayside Road Charlotte, NC 28277 3921 -"26 3925 `'•• • l aE: 3'24 i "23 O _ • -7 YY 30" 7' 0 • ?. if V O 660 Mi?o% A,,? 646 W?d - S ? _ y III'('('( / ? \ ??I /'? \ ,\ a t ? ,?? I\_.. _UBH PUB f'PEMIA pu? "Prolc - -15 A I i ''fir t •' G • ? J lat????^ w ? Y/-'? j ! ?0? A ` . t_? , ... -- nI F . ? \ fir /x?l?/?• ,/ .. __ ?. _- ..??6.:.': MAP / NWI -CONCORD N.C. ?-l • '. ;154 _ ; p - n.t, a .:? r _: _ _ i `•? LIU 1 646 3 9 27 , = I ?J •\- !?t\ ?/ ?S?? 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MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: Samar Bou-ghazale WO Supervisor: Rex Gleason Date: 1./1 a199 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Concord Lake - Residential Development Great Project Number 98 1251 Recvd From APP Received Date 12/17/98 Recvd By Region Project Type residential County Cabarrus County2 Region Mooresville Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. Ilk 14 HWF O Y O N F 13-17-9-4- WSIV CA 30,712. 0.31 r- I -F__O Y ON F r_F__F_F__F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more info? Q Y (0 N Have Project Changes/Conditions Been Discussed With Applicant? QQ Y O N Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) 352850 Longitude (ddmmss) 803530 Comments: Mitigation is not required for the three proposed road crossings. It is this office's opinion that ayon dance and minimization were addressed during the design of the project. It is recommended that the 401 certification he issued, cc: Regional Office Central Office Page Number 1 Facility Name Concord Lake -Residential Development Great County Cabarrus Project Number 98 1251 Comments (continued from page 1): Regional Contact: Samar Date: 1/19/99 cc: Regional Office Central Office Page Number