19990631 Ver 1_COMPLETE FILE_19990614

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
400
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RE50URCES
July 21, 1999
Mecklenburg County
DWQ Project # 990631
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Edward Shirley
Edward Shirley Construction Inc.
C/o Burton Engineering Associates
5970 Fairview Rd.
Suite 100
Charlotte, NC 28210
Dear Mr. Shirley:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.09 acres
of wetlands acres of wetlands or waters for the purpose of developing the Hidden Forest Subdivision at Waiter Nelson Rd & Hwy
51 as, described in your application dated 14 June, 1999. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 14 & and 26. This certification allows you to use Nationwide Permit
Number 3103 and 3108 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply 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 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
John Domey
Central Files
Len Rindner
' ce ptevens
Dip I
99
0631.1tr
. Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Hidden Forest County Meeklenburg
Project Number 99 0631 County2
Recvd From APP Region Mooresville
Received Date 6/14/99 Recvd By Region 6/23/99
Project Type
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 B HH O Y O N F 11-137-1 ?? 30>834. 0.09 ?3yUAU 520.00
F l-1 HI,1.'.,,. _O...l,Q_N F ?????? 145.00.
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y p N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: 0 Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 350915 Longitude (ddmmss) 804125
Comments:
Applicant proposes approx. 1055 linear feet of channel impact during the construction of a proposed
residential subdivision. The imposed impacts are to be covered under Nationwide Permits and DWQ
Gertification's 14 & 26. In designing the layout for this development , it appears that the applicant was
able to avoid and/or minimize the ro RP pacts to the channels as a much as possible. In the
case of the unimportant (non mitigatable) channels, there were no aquatic organisims found (fish,
crayfish, salamanders, etc.,). The majority of these non-mitigatable channels were stormwater driven.
It should be noted that 50 feat were added to the total non-mitigatable channel footage listed in the
application based on conditions found daring the site investigation. The applicant has imposed
compensatory mitigation for the impacts ' the important (mffig to able) channel through the
establishment of 30' wide buffers along the channels-
cc: Regional Office
Central Office Page Number 1
Facility Name Hidden Forest County Mecklenburg
Project Number 99 0631 Regional Contact: Michael L Parker
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
4- _.r
Hidden Forest PECEivPAYRrIvr
Single Family Neighborhood
Mint Hill, Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. J. Edward Shirley Construction, Inc. c/o Burton Engineering Associates.
5970 Fairview Road, Suite 100
Charlotte, NC 28210
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE
Date : 6/99

? / ???
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 Z0?NAGE2,1ENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EDNIRONMENTAL=1\iAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT
OWNERS NAME.
2 ? LING ADDRIS . /o KltbrN t_ti r ri-eertriq 6c tc'/
25g -7 cry 1 e'er V e-" t t '. € o
( l SUB:I':ISICN
CITY: r-kC rk, MCI Z=P CODE.
PROJEC^_' LOCATICti ADDRESS, INCIUDING S B - - N ??E
U D_'iISION (IF D _ DR= -ROM
M?--IL=NG ADDRESSS ABOV-tE'
41j6lev, 570,1--e
I F`1' C C 9 O? _70
3. TELEPHONE NUY- 3ER (HOME) (WO:',K
4. IF APPLICABLE. AGENT'S NAME OR RESPONSIBLE CORPORA^_'E OFFICIAL, DDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERA-3LY A COPY OF USGS TO_CGR. PHIC
MAP OR AERI ?PyH?Ol OGR_? T^Y W:--.4. SCALE) :
COUNTY: vy- NEAREST_ TOWN OR CITY:
' [ (?i { [
1
SPECIFIC LOCATION (INCLUDE ROAD 1
NUMBERS, LANDMARKS, ETC.): l 4e6e-

G. ='_?PACTED OR NEAREST STREc,'-_M/RIVER: Ul- ?(yq o";
.t
R._ 7ER BASIN:
a. -S PROJECT LOCATED NEAR WATER CLASS=F=ED AS TROUT, TIDAL
HIGH QU..'=TY w?_=ERS (,;I- ,W), OUTS' i-)-NG RESOURCE 6d?TERS
(WS-_ 03 WS YE _ ; NO ?IF YES, =:r? ._N:
S_ - T.r=_TER
(GK.; WATER
THE PROJECT LOCATED 7=_H_lN A NCR--'.-; CAROLINA 71SIODi c-F _? 1,
ONC=R'i (AEC) ? 'E j NC
`f 7, ENT AR-7-:1- OF =Ji RCN_?_.`:_-__ (-
THE P cOjECT IS LCCA_-D W_Tr:_N __ LJ?STr COL.':=_ (SEE ?"GE FOR
7 -Z- OF COAST:-l COUNT_ 7S) , Wl- :T THE' =?_VD USE PL: `: ;=,JP} DES .__ON?
8?. ^?VE ANY SECTION 404 PERM=TS B N PREY=OUSLY RE:UESTED FOR USE ON
T- PROPERTY? YES ( ] NO j?IF YES, PROVIDE ACTION I.D. N'24BER OF
PREVIOUS PERMIT AND F:tiTY ADDITION = INFOnMATON (INC= DE PHCTOCC=` OF 40I
CER-_-F ICATION` .
. _ ARE ADDITICNAL PERU-_+..^EKUESTS EX?ECTED FOR THIS PROPERT" IN _-;E
YES f NO T YES, DESCR73E a.NTICIP WORX:
9:.. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: Z?n5U'<??
9c. ESTIMATED TOTAL tJUMBER OF ACRES OF WETLANDS LOC.TED ON PRCJ__CT SITE:
z
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING : e, 0 t Ar 'e ' z;4z 4r CAVATION :
FLOODING:
OTHER:
DRAINAGE : TOTAL ACRES TO BE IMPACTED : - 1-7 A-?,-A
10b. (1) STRE of CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
R:LOCATED, ?RC`/!DE DI?T:uVCE BOT?BEFORE AFTER RELOCATION)
LENGTH BEFORE. 4-7r°' { iJP?ar?c??s r FT' tFTER: ? F1
w=DTll BEFORE rased on ncr-mat h=Qn water contours): -7)? Lj^ 102429N1 ? J FT
a -
WIDTH AFTER: 0
AVERAGE DEPTH _ _ F CR.L . AFTER:
(2) ST C:-'?'l?NEL T',4_ =CTS W=LL. K -_ FROM ?C==CK ?_ ? T-= - == °- v
CP=N CHANNEL ..==OCA'"=0N . I IN CH N-,,T--
C _-NNEL EXCATVz-=GN. CONSTRUCTION OF A D:-M, =LCODING.
C T H ER :° `> l ,%f Ce}
I=. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF -._-
w _TERSHED DR_=_=N=NG TO THE POND? d-41A.
Wr?T IS THE EX27-CTED POND SURFACE AREA? N,1,4<
DESCRIPT=CN OF PROPOSED WORK INCLUD:NG DISCUSSION OF TYPE 0-7
MECHANICAL EQU:-MENT TO BE USED (ATTACH ° 1/2" X 11" DRAW=NGS
CNIY) .

13. PURPOSE C= PROPOSED WORK:

3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
:MPACTS) :

YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
AND/CR NATION?_L MAR=NE FIST.ER_-="_z „ SERVICE (NMFS) (SEE AGENCY
r_D JRESSE$ SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED C c
_?.OPCSED FOR l=STING ENDANGERED OR THRE:-'ENED SP EC IS OR CR
-T-^'- -^?
.T
PERMIT AREA TH_:_T MAY BE A_ _ ECTE , BY THE PROPOSE
_ - D PRO, ECT DATE
. N_AC''ED: (ATTAC- RESPONSES
___-M THESE aG='=ES-)
tom' ?/?'
YOU ARE REQUIRED TO CONTACT THE ST:_"_'E HIS T p
iORI ^ P
_ RESERVA _TCN _CER
?C; (SEE AGENCY ADDRESSZS SH ..._ ) REGr_R;ING THE PRESENCE OF H
PROPERTIES IN TWT PERMIT AREA WH ; CH MA"' BE
_E AFFECTED BY THE cROPOS
+_ J
?RCv~ECT. DAT7 CONTACT:D:
DOES THE PROJECT INVOL'JE AN EXPENITURE OF PU3LIC FUNDS OR THE USE OF
- L_C (STATE) LAND?
YES ( NO 17 NO, GO TO 19
;
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOC'JMENT PURSUANT- TO THE REQUIREMENTS CF THE NORTH CAROLINA ENVIRCNMENTAL
PCLICY ACT?
YES [! NO (j
b. IF YES, ::A_S THE DCCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
.,_TA_R:'MENT 0 A M7N7S:_=2ATI0N STATE CLE' :NGHOUSE?
YES ['. NO f]
ANSWER TO 17b IS YES, THEN SUBMIT AP?ROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MA.NAGF-MENT 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,
NCRT:: CAROLINA 27603-2003, TELEPHONE (9::) 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 STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. 'IF AVAILABLE., REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO'BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEV?LNT TO THE PLACEMENT OF THE DELINEATION LIVE.
d. ATTACH A COPY OF THE STORMWATF.R u;NAGEMENT 2r
LAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
J
?/. IMF ('_:? PLI'?pC+_3T.I., CWp('?IS PRC(PO?SjL3 Y-?'HCD OF SE -',l.;- GE DISP-SxLL?
?'f..rt.1?"?I VC? ?f E',t-i'p/'Y.?i?i/? 6 1--E-i W-7--
g SIGNED AND DATED AGENT AUTHOR77ATION LETTER, I_ AP=TTCzI.r.
??
IqCTI.': 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
EN+VIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TTY=TY COASTAL CODNTIvS ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MkNAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
I'll, Z,
(AGENT'S SIGNATURE V?TID ONLY
IF AUTHORIZATION LETTER FROM
T.: E OWNER IS PROVIDED (I 8g.)
)
DATE
5

LEONARD S RMM& PW _
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
May 30, 1999
Mr. Steve Chapin
US Army Corps of Engineers -Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Domey
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: 58.52 Acre Single Fa_mft ResidentW Site Hidden Forest on Walter Nelson Road, Mint Hill.
Mecklenburg Comply, North Carolina --Nationwide Permit #26. #14
Dear Sirs:
On behalf of my client, Mr. J. Edward Shirley, I am requesting confirmation of eligibility to utilize
Nationwide Permit 426 and Nationwide Permit 414 to develop the attached well designed project. As
depicted on the site plan, a strong effort has been made minimize and avoid impacts to important streams.
The project will also include larger lot sizes (min. 1/2 acre) which will allow for more flexibility in home
placement, preservation. of trees where feasible, and less mass grading. Approximately 90% of the important
streams will be preserved. Impacts to important streams are primarily limited to road crossing. The
remaining impacts are primarily to streams with no or minimal aquatic value. The streams that are
considered important have characteristics such as persistent pools; fish, amphibians, macro-invertebrates;
evidence of wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate.
Background
The project site is located in rapidly developing southeast area Mecklenburg County, near in Mint Hill. The
site is currently zoned for a single family development. Current land use in the vicinity is developing single
family subdivisions, undeveloped woodland, and agricultural land uses. All fill material will be unpolluted
and appropriate measures to control sedimentation and erosion will be employed. Large areas of contiguous
streams will be preserved and remain undisturbed. As required the preserved streams will be protected by
restrictive covenants or similar mechanisms. 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.
SU DIARY OF WAIT'E'RS OF THE U.S.
eAh dolorrv
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
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Milne Parker - NCDWQ
Page 3, May 30, 1999
On Site Determination. Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual. The wetland delineation was approximately
surveyed for use in planning and permitting.
General Wetland Classification and Descdptiog
The riparian areas on this site can be describe as Palustrine Forested Broad - Leaved and Scrub/Shrub
Temporarily Flooded. The site is within a drainage area of Irvins Creek (Water Classification - C) in the
Sugar Creek Sub-basin of the Catawba River. The majority of the site is a moderately sloping former
agricultural land and woodland.
Le,ge-tation
The forested are dominated by Facultative Wet and Facultative species. Trees include green ash, alder, red
maple, sweetgum, sycamore, willow oak, hornbeam. Understory and herbaceous strata includes ligustrum,
smilax, microstegium, sedges, soil rush, poison ivy.
H &C Soils
The site includes Monacan (Mo) 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. No hydric inclusions were found.
SUMMAAY OF AW ICTIONAL WAL .$ F THE, U, S
fee-
Surface Waters Stream. with ""important" aquatic function ±0.47 acres
(±3,70011)
Small stream "unimportant aquatic function ±0.03 acres evy
(± 470 If)
Wetlands Approximate Area (see plans) ±1.00 acres
Approximate Total - Waters of the U.S. ±1.50 acres
S MY OF IMPACTS
p
Surface Waters Stream with ""important" aquatic function -x-0,05 acres
(± 390 If)
NWP #26 for one crossing, and general grading (245
NWT #14 for one crossing (145 ffl
Small stream "unimportant" aquatic function +0.03 acres
(± 4701f )
NWP #26 for general grading of ephemeral/intermittent channel
Wetlands NWP#26
±D.09 acres
Approximate Total - Waters of the U.S. -x0.17 acres
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 4, May 30, 1999
Note: Impacts are less than 150 if to important streams or those found with aquatic life such as fish,
bullfrog, tadpoles, and/or crayfish. However see mitigation proposal later in this report, which
addresses efforts to mitigate and minimize impacts to the remaining streams,
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. The
plan and commitments made in this report reflect a positive response to the preliminary discussions,
determinations, and concerns of the regulatory agencies. Except for temporary construction and
development impacts, we believe that the proposed project will not cause significant impacts to the
ecological functions or values of Jurisdictional Waters of the U.S..
Proposed Compensatorv Mitiaati
void cg,_Minimization and Mitigation
Best Management Practices will 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 important vegetation
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.
9) 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.
h) 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 Coompgtialoa Mitigatign
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. Unavoidable impacts to streams are Vropgseed to be mitjgat by
cis ucfign bWlm.-The gal of this plan is to preserve, protect and the extents of the existing streams to
be saved through the use of protective riparian buffers.
Stream Mi iiga ion an
The remaining streams will be protected and enhanced with a minimum 30' wide construction buffer
barricaded with silt fence to the extent feasible, and except for small areas where grading is required to
implement the plans as depicted on the plans. Buffers are expected to exceed this width in many locations.
Mr. Steve Chapin - USAGE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 5, May 30, 1999
Areas within the buffers which have been cleared due to grading requirements will be revegetated with
riparian trees, shrubs, and groundcovers, to match adjacent conditions. Areas within the buffers which
may be cleared due to grading requirements will be revegetated to the following standards which are
derived from Mecklenburg County/City of Charlotte Watershed Buffer Guidelines - May 11, 1994.
Within these guidelines, they discuss the value of establishing and maintaining a natural, forested, low
maintenance ecosystem 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. Natural forest buffers where removed will be
re-created by planting native trees at 12 trees/1000 SF. The minimum caliper at installation would be 1 1/4"
with a 6'-T Height. The area should be stabilized with mulch and or groundcover. Recommended trees
includes a diversity of oaks, tulip-poplar persimmon, green ash, pine, red maple, black tupelo, magnolia, red
cedar, green ash, and others. Ornamental trees and shrubs such as Ligustrum and Eleagnus species, and
typical lawn grasses shall not be utilized to accomplish revegetation of buffers where required.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved 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 or similar mechanisms 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 two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings.
Based on a site reconnaissance open areas in the sewerline right-of-ways are currently maintained. The
remaining vegetation was characterized by mature and dense woodland in secondary succession. Habitat
conducive to Schweiw?z's sunflower wa% not idep ifie the project area The Carolina heelsplitter is a
freshwater mussel which prefers shaded areas either in a ponded portion of a small stream or in runs along
steep banks with moderate current. Primary habitat are waters less than three feet deep with a soft mud,
muddy sand, or shady gravelly substrate. It is normally restricted to protected silted areas or under banks
especially associated with obstructions such as stumps or fallen trees. Its current distribution according to
the US Fish and Wildlife Service is limited to portions of two streams -- Goose Creek and Waxhaw Creek --
and a small river originating from rural areas in Union County. Therefore it is does not occur on this site.
CULTURAL RESOURCES
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if
sites are indicated on the National Historic Register within the study area and/or if additional information is
required.
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 6, May 30, 1999
AQUATICHABITAT
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Irwins
Creek. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians,
fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation
control plan will be maintained during the construction period in order to control degradation of water
quality downstream and protect the areas to be preserved. Short term construction impacts, primarily
stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid recovery. Project construction will strictly adhere to an approved sedimentation and erosion
control plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic
life such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened. Aquatic resources are
expected to be enhanced through the restoration of wetland areas that flood and pond for longer durations.
The 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.
CONCLUSION
The approximate 58 acre development is a sensitively designed. Based on the value of the jurisdictional
waters 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 streams 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
consideration.
Aly,
Leonard S. Rindner, PWS
Environmental Planning Consultant
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4020 Winfield Drive, Charlotte, NC 28205 ? [phone]
Leonard S. Rindner
Landscape Architect and Environmental Planner
7113 Hickory Nut Drive
Raleigh, NC 27613
June 29, 1998
Dear Mr. Rindner,
I examined the ponds, channels, and cold water spring of the Walter Nelson parcel in
Mecklenburg County, NC on June 29, 1998. Channels 1, 3, 4, and 5a are perennial. Channels 2
and 5b can be characterized as ephemeral. All channels on the site were bordered by a disturbed
mixture of pine and hardwoods including black willow (Salix nigra). The areas examined are
illustrated on the following site map.
The cold water spring ranges from 1-3 feet in width and 1-6 inches in depth. Above the spring
there is two dry unimportant channels. Outflow stream 1 was 6-24 inches in width, 1-4 inches in
depth and approximately 130 linear feet to the property line. The spring and outflow channel had
a sandy substrate with a slow, but steady flow. In-stream habitat conditions would likely support
bullfrogs (Rana catesbeiana) and crayfish, although there was no evidence of them or their
burrows. Other invertebrate aquatic life likely to inhabit this wetland include burrowing mayflies
(Ephemeridae), dragonflies (Odonata), and caddisflies (Trichoptera).
Stream 2 was ephemeral with no water present despite recent rain in the area. This channel is
unlikely capable of supporting aquatic species requiring year round water, including fish, bullfrog
tadpoles, and many salamanders requiring over a year to metamorphose. During the wet season,
the channel is likely capable of supporting amphibian larvae and tadpoles requiring only a few
weeks or months to metamorphose.
Perennial streams 3 and 5a are very similar drawing their water source from two open farm ponds.
Each pond was formed from an earthen dam and bullfrogs were observed. It is likely that fish such
as darters, mosquitofish, and sunfish inhabit the ponds although none were observed. Crayfish and
bullfrogs were observed in each channel. Each had pools 1-5 feet in width with a strong flow.
Similar aquatic species described in stream 1 are expected, including the aquatic insects.
Channel 5b is ephemeral with more silt substrate than 5a. It is expected that species diversity
would be similar to stream 2.

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Stream 4 is perennial beginning off-sight. There was strong, steady flow and boulder substrate. At
a phase 1 level, it is very similar to streams 3 and 5a. It is also expected to support similar species.
Fish (2-4 inches in length) and a bull frog (Rana catesbeiana) were observed.
It should be noted that factors other than those mentioned also influence the presence or absence
of aquatic organisms. These are unique to each species and would include water temperature,
food and cover availability, predation and competition levels, and water quality.
Please inform me if I can be of further assistance.
Sincerely,
f? --?' ,L?4r
Patrick I Kealy
Environmental Biologist