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HomeMy WebLinkAbout19990834 Ver 1_COMPLETE FILE_19990730State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director e?? ONO% NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 22, 1999 Iredell County DWQ Project # 990834 APPROVAL OF 401Quality Certification and ADDITIONAL CONDITIONS Jim Homan Charter Properties 1100 South Tryon Street Charlotte NC 28203 Dear Mr. Homan: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.36 acres of wetlands for the purpose of constructing Carriage Club at Bluefield Downs near exit 36 of I-77, as you described in your application dated July 13, 1998. 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 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.. 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). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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 and to all areas within 30 feet of all perennial streams 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). 2. DWQ shall be notified of any changes in the design of the road crossing under NWP 14. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. if you have any questions, please telephone John Dorney at 919-733-9646. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File Copy Central Files Len Rindner Sincergly, ? n C l/ Herr TSieellvensl,' •?/ 990834.1tr Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetlandc.htmI MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Carriage Club at Bluefield Downs County Iredell Project Number 99 0834 County2 Recvd From APP Region Mooresville Received Date 7/30/99 Recvd By Region 8/13/99 Project Type residential Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. supp. Basin Req. Req. 26 HWF O Y O N ?- I1-S9-1 WSIV 30,932. 0.36 350.00 F-F-O Y _0N F__ I F__F_-F__ F__ I - Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? O Y 6 N Recommendation: Q issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) 353610 Longitude (ddmmss) 805210 Comments: Applicant proposes stream and wetland impacts during the construction of a residential/commercial development- The channel on the western side of the site has 115 feet of impact proposed as the result of filling for the construction of a clam for a wet pond. 200 linear feet of impact to this channel will occ! r d! e to pond flooding. The remaining 35 feet of impact will be the result of fill under a wooden hulkhead. The wet is required y the Iredell County/Town of Mooresville Watershed Rules The location of the pond appears to be the only place on the site where the pond can be located due to topographic constraints. Construction of the dam and pond had been completed at the time of the site visit Siltation of the channel was evident as a result of inadequately maintained erosion control measures, The ICI R will he advised of these observations. cc: Regional Office Central Office Page Number 1 Facility Name Carriag e Club at Bluerield Downs County Iredell Project Number 99 0834 Regional Contact: Michael L Parker Date: 9/13/99 Comments (continued from page 1): Since the road crossing proposed in this application ender NWP 14 will not be completed durina the construction of the Carriage Club prowect, the 401 should contain a condition that requires the applicant to advise the Division of any changes to the crossing prior to the crossing actually being constructed. cc: Regional Office Central Office Page Number 2 r i arriage Club at luefield Downs/ Lake Norman Pavillo Iredell County, North Carolina Joint Application Form and Supporting Documentation for G NATIONWDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared For: Mr. Jim Homan Charter Properties, Inc. 1100 South Tryon Street, Suite 300 Charlotte, NC 28203 1-704-377-4172 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 846-0461 Planners - Brian Sigmon, Landscape Architecture, PA Civil Engineers-Power Engineering Company, Inc. *Subject to verification by the USACE & NCDWQ Date : 7199 I % DEM ID: CORPS ACTION ID:'. NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 14 f& ZO 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 MANAGEMENT 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. OWNERS NAME" : At- 2 . MAILING ADDRESS : 0 a® S9441*. C_TY. c*l i®f4e-' - STriTE: SUBDIVISION N:-'_ME. W` ZIP CODE: &07 le2 .,w PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) : 111f., C1'r? nac (ci GIB ? ?` ? 9eL 1? c?Ot n S 1L.<k0Jww-4s,- f4vt bdo% 3. TELEPHONE NUMBER (HOME) : (WORK) : -1 I~I2. 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: ke. J ? rv Ayyrjt^ - SrA nm, 44 4la oy..c. 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERT - OT GRP.PHY WITH SCALE) : COUNTY : nor ! ? NEAREST TOWN OR CITY: / - I?XIY•? SO/1 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) : PCA? L?1-1 3(0 0? T- --7-1 lc?,v?. win . G. TVPACTED OR NEAREST STREAM/RIVER: L of ?.rzclc..LVA?(L - wub4 RIVER BASIN: 6&46u-o6- tr- IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT-, TIDAL SAJTWATER -A'j , HIGH QUALITY WATERS (HQW) , OUTST2?d=NG RESOURCE Wi-_TERS (ORW) , WATER S7-PP- V (WS-I OR WS-II) ? YES [ ] NO IF YES, EX PLAIN: .. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA D-71-SION OF COASTAL '! IAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES L ] NO [!??i" 7.c . IF THE PROJECT IS LOCATED WITHIN A COASTAL COUN-Y (SEE PAGE 7 FOR =ST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (L`JP} DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN 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). 8?. ARE ADDIT?I/ONAL PERMIT REQUESTS EXPECTED FOR TH_S PROPERTY IN THE ^"IUnE? YES PW NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: A 4a.el%eaL 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 6*7rAio-f Cc,G?,CJS 5-c, J - 1: Zz. Aerr4 ci. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: rr z IfA 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING : -CH We`(l S -Y N wP Jt '24--EXCAVATION: 4,0 2 r?Qrr? •. N yr P 0 2-& . ?y? 7 5r r+wP 44? t°f FLOODING: .7-5? Pc.-n?anOv4- t4 OTHER: pof-jaodt --?n[Lb?'IS B PiAse-.- aOg S?r6a °Od? TOTAL ACRES TO BE IMPACTED : cAr GeVt,?; &r,,(_ S4 S. lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE D_ TANCE BOTH BEFORE AND AFTER RELOCATION): Ue_I>ar%- ?1195 1f p ? v- 4* 44 LENGTH BEFORE: 1 - :t 15a 14- AFTER: 7-4, - vuo6 :t W I WIDTH BEFORE (based f. AFTER: FT Hv?p ?o-:. Z-nGc. r:??a7hop?ig' Zvto tF 'y ?t ? cnr?ce?, ?a ?? co?tpours) : Fm WIDTH AFTER: _Q Z, -ccj24- fa r 41oodGoc. 4 4'rz4vvv% nT AVERAGE DEPTH BEFORE: f t FT AFTER: (eAX121 -d r l ? (2) STRE LM CHANNEL IMFC"'S W LL RESULT FROM' - (CHECK ALL Tl ?_ m APPLY) OPEN CHANNEL RELOCATICN: PLACEMENT OF P=== IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: l/ OTHER: lI. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND?f WHAT IS THE EXPECTED POND SURFACE AREA? to Yecv 't'[ab4C Q I?? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 3 1/2" X 11" DRAWINGS ONLY) 2Z l- 'ts-C,?t? r? p l a^4 13. PURPOSE OF PROPOSED WORK: 25- 42 (4 12,1 3 SUMMARY OF JURISDICTIONAL WATERS OF U Surface Waters Perennial, and Intermittent tributaries (± 4,000 If) ± 0.60 ac. Total - Waters of the U.S. ± 0.89 ac. WETLANDS PERMITTING AND MITIGATION As depicted on the plans, the layout substantially avoids and minimizes impacts to Jurisdictional Waters of the U.S. Except for temporary construction and development impacts, the proposed project should not cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S. Outlet Structure, Grading ± 150 if ± 0.02 ac. ing Streams for Wet Pond ± 2001f ± 0.03 ac. Wetlands for Dam Construction ± 0.04 ac. ing Wetlands in Wet Pond ± 0.25 ac. wetland areas will be subject to temporary flooding only) - NWP #26 +3501f ±0.34 ac. (150 if by fill) lion Ponds - Flooding Impacts (NWP #26) (±200 if by flooding in place) this wet detention pond is required Road Crossing ± 150 If ±0.02 ac. Headwalls utilized to minimize impacts TOTAL STREAM IMPACTS BY NWP #26 & NWP #14 BY GRADING =+ 3001f (2 individual creeks - 150 If/creek) TOTAL STREAM IMPACTS BY FLOODING FOR WET POND =+ 2001f TOTAL IMPACTS TO JURISDICTIONAL WATERS =±0.36 ac. % Stream Preserved =+ 90% 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): G?I/?n /'1'11Y1J t'Yl JZ?s tWln? C,C"? 4 S'Erc+)-kc On 1S. 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 THRw?TENED 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 ;Sr'?O) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 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 [I NO [ J b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [1, NO [1 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 4114 40 (?r?•s?frvv}' (,cJa ciy?-? do t, ?r ?a r A ne?es??r? toad- c,f?xss tK.tn,,., c, f is ; ???! ?4, c,?• 1 • . -, i 18. THE rOLLOWING I T EMS SHOULD BE INCLUDED WITH, THIS APPLICATION IF ' PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATF-D OR 'E-ILL ATEAIA` - INTO WETLANDS a. WtTLAYD DELINEATION MAP SHOWING ALL WETLXNDSa 'STREAMS, TAKES AND PONDS ON THE PROPERTY (FOR NAT'IONW:DZ PERMIT NUMBERS 14, 18, 29, AND 38). ALL STREMS (INTERMITTENT AND PER.'3.P. WT) ON THE PROPERTY b , BE EQUALS ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 tEET CDR I INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. • IF AVAIL&15LE, REPRESENTATIVE PHOTOGRADH OF WETLAN,05 TO'"5Z IMPACTED By PROJECT. C. YF DELINEATION WAS PERFOMED BY A CONSULTANT, INCLUDE ALL, .TA. SFEETS RELE•S X7T TO THE PLACEMENT OF THE DELINEATION LINE. 0. ATTACH a COPY OF T14E STOR.MWATER MAN2,GE,,A4ENT PLM xF Rc",QUIRI ED,,' e WFAT 15 LAND USE OF SURROUNDING PROPE?kTY? -1 ,6 f. IF APPLICABLE i WHAT 13 PROPOSED METHOD OF SEWAGE ZISPOSAL? --? ? -- ?J??uia? S`?S?firv :. g. SIGNED AND DATED r'GtNT XUTHORIZAWION LETTER, IF APpLICABLE.` NCB : WETI I)S OR WATEPS OS- THE U . S . MXY NOT I3E IMPACTEb PRTOR, ? t 1) ISSLIkNCE CAF' A SECTION 4.04 CORPS OF ENGINEER PFRMIT, - 2) EITHER TIDE` ISSUANCE OR WAIVER OF A 401 DIVISION ,or f-N-VZRONbvMNTAL XANAGE NT (WATER QUALITY) CERTIVICAsTION, AND 3) (Is T E T"WEN"TY COASTAL C,°0VX'I'=9 CYL Y) , .A. LZ TTZA MH THE NORTH CAROLINA, DIVISION OF COASTAL KWAGEWNT STATING THE PROPO ED ACTrVITY r$ CONSISTENT WITH THE NORTH CAROLINA COASTAL SAGE -NT PROGRAM. ) NE ` . ?sGENNIA'T S IGNAT UP?E (AGENT" S SIG RE W?=-D ONLY IF kaTNCRI ZAT ION LETTER, rRON1 THE OWNEP, IS FROVIDED (18g.) ) 5 Am? DA:rz LEONARD S. RINDNER. PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning (704) 846-0461 July 10, 1999 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: The Carriage Club at Bluefield Downs/Lake Norman Pavilion - + Phase-1 (+22 Acres) of 67.44 Acre Site. Mooresville Iredelll County. North Carolina - Nationwide Permit #26 and Nationwide Permit #14 Dear Sirs: On behalf of my client, Mr. Jim Homan of Charter Properties, Inc., I am providing you with the following information concerning the Carriage Club at Bluefield Downs for your consideration. The project site is located in rapidly developing Mooresville area of Iredell County, NC. The site is currently zoned for a mixed-use development. The project has been locally approved through the zoning process. Phase - 1 consists of a multi-family housing project, a water quality pond, and a Carriage Club Drive. Current land use in the vicinity are agricultural land, single family subdivisions, and commercial areas. The project has been planned sensitively to preserve the perennial and intermittent streams to the extent feasible. There are approximately 4,0001f of perennial to intermittent streams and approximately 0.29 acres of riparian wetlands on the site. Approximately 90% of the jurisdictional streams will not be impacted by the proposed development. Stream and wetland impacts are primarily confined to only those necessary to implement a required. water quality pond, construct a necessary road crossing. Headwalls, retaining walls, and clearly defined construction and grading limits will be implemented to minimize additional impacts as well as to preserve forested buffers to the extent feasible along the streams. The required water quality pond will include a planted littoral zone and forebay. All fill material will be unpolluted and appropriate measures to control sedimentation and erosion will be employed. Wetlands and streams which will not be disturbed will be protected during construction from damage due to construction traffic, drainage and other forms of disturbance. The proposed road crossing may be re-examined in the future based on a cost analysis, regulatory issues, and development requirements for future parcels. Background The site is adjacent to intermittent and perennial tributaries to Lake Norman (Catawba River - Water Classification - IV). The majority of the site is a moderately to a steeply sloping ridge. Most of the land is Carriage Club @ Bluefield Downs, Page 3 July 10, 1999 agricultural pasture with woodland in secondary succession along drainageways and on steep slopes. Although the current adjacent land-use is undeveloped and primarily former agricultural land in secondary succession, many commercial and residential projects are proposed and under construction in the area. Description etland HvdroloQv and Hvdric Wetland hydrology is provided by a seasonal flooding and saturation associated from seeps, springs, captured surface runoff, and brief flooding over a clayey subsoil. These wetlands can be classified as Palustrine Forested Broad Leaved, Scrub Shrub, Temporarily to Seasonally Flooded (PFOIA, PFO1C, PSS1A, and PSS1F). According to Soil Conservation Service, Technical Guide-Section II-A-2, June 1991, Mixed Alluvial wet (Mn) soils are listed as Map Units with inclusions of Hydric Soils in Iredell County. Many of the streams on the site (perennial and intermittent) will likely be confirmed as having important aquatic value by the USACE. Characteristics include persistent pools, riffle and pool complexes (a "special aquatic site"), and fish in the lower portions, amphibians and macro-invertebrates; evidence of wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate. Hydrophhytic Vegetation Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and Obligate Vegetation and include black willow, green ash, red maple, sweet gum, alder, silky dogwood, greenbriar, poison ivy, and others. Herbaceous plants include sedges, needle rush, jewel-weed, and other typical wetland species. SUMMARY OF WATERS OF THE U.S. Methodology Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA Soil Conservation Survey; aerial photographs, . and preliminary site visits to selected areas. Then the Routine On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland hydrology must be identified as described in the manual. The wetlands map has been used for planning and potential permitting purposes. The wetlands on this site will be found to have very high function and value in regard to water storage, pollution removal, bank stabilization, aquatic life resources utilizing Guidance for Rating the Values of Wetlands in North Carolina - Fourth Version. Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in Wetlands: Southeast (Region 2), US Department of the Interior, Fish and Wildlife Service. Carriage Club @ Bluefield Downs, Page 4 July 10, 1999 S2IMM41tYOF,?7 4DIC'710NAL WATERS OF U.S. Surface Waters Perennial and Intermittent tributaries (± 4,000 If) ± 0.60 ac. Total - Waters of the U.S. f 0.89 ac. WETLAIVDS PERMITTIIVG AND MITIGATION As depicted on the plans, the layout substantially avoids and minimizes impacts to Jurisdictional Waters of the U. S. Except for temporary construction and development impacts, the proposed project should not cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S. Outlet Structure, Grading ± 1501f ± 0.02 ac. ing Streams for Wet Pond -? 2001f ± 0.03 ac. Wetlands for Dam Construction ± 0.04 ac. Flooding Wetlands in Wet Pond ± 0.25 ac. (most wetland areas will be subject to temporary flooding only) Total - NWP #26 +350 if ±0.34 ac. f150 6f by fill) Detention Ponds - Flooding Impacts (NWP #26) {±200 If by flooding in plaee) Note: this wet detention pond is required lad Crossing ± 150 If ±0.02 ac. madwalls utilized to minimize impacts )TAL STREAM IMPACTS BY NWP #26 & NWP #14 BY GRADING =±300N individual creeks -1501flcreek) )TAL STREAM IMPACTS BY FLOODING FOR WET POND =± 200 If TOTAL IMPACTS TO JURISDICTIONAL WATERS =±0.36 ac. % Stream Preserved =± "% Carriage Club @ Bluefield Downs, Page 5 July 10, 1999 it R rsL1?i ORMUMNo n?I U - As depicted on the plans, the wetlands and streams areas have been carefully incorporated into the layout of the site thereby preserving nearly all the streams on.the site. - The stream crossing is as perpendicular as feasible to the stream and/or wetlands to minimize impacts. - Except for the functional and necessary wetland and stream crossings the overall. plan has been designed to retain forested buffers along the wetlands and streams. Therefore the streams and wetlands remaining on the project site will be enhanced by buffers. 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) 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. A mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the extent feasible on this site. Unavoidable iWacts to streams by grading are proposed to be mftated by preserving ri[?ar.an_ buffers to the extent feasibit` 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 include a mixture of oaks, persimmon, green ash, pine, bald cypress, red maple, black tupelo, magnolia, red cedar, and flowering dogwood. 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. Stream impacts by flooding will be mitigated by the protection of the remaining channels and the development of a forebay/ and vegetated littoral zone in connection with the required detention ponds. Areas within the buffers cleared due to grading requirements will be revegetated with riparian trees, shrubs, and groundcovers, to match adjacent conditions to a minimum of 30' wide. Carriage Club @ Bluefield Downs, Page 6 July 10, 1999 STORMWA TER MANAGEMENT PLAN A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements where required for office and commercial parcels. It is expected that water quality ponds will be required by local agencies. The planners will utilize information and guidelines provided by the North Carolina Department of Environment and Natural. Resources Water Quality Section. A wet detention basins shall be the primary treatment system for stormwater runoff from paved surfaces and landscaping on commercial, office, business, and institutional parcels. The wet detention basins will be designed to attenuate the first inch of rainfall over a 24 hour period from approximately 60 acre of urbanized land within the ponds drainage area. Water will be released over a 2 to 5 day period. Discharge velocity of will be less than five cfs. A littoral zone/forebay will be incorporated into the design of the ponds to encourage additional nutrient removal. The planners will utilize information and guidelines provided by the North Carolina Department of Environment, Health, and Natural Resources in developing the design of wet detention basins Table r 1995. Other forms of stormwater treatment may be appropriate such as extended dry detention basins combined with filter strips, if feasible. 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. As required, 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. AQUATIC HABITAT The aquatic systems in the project area consist of wetlands and intermittent tributaries of Lake Norman 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. 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 development of the stormwater detention ponds and littoral zones. 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. Carriage Club @ Bluefield Downs, Page 7 July 10, 1999 CONCLUSION Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive and creative 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 creating a beneficial aquatic resource that will help maintain or minimize degradation of waters of the U.S. downstream of the project and through enhancement of remaining streams. 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. Please contact me if you have any questions or require additional explanation. Thank you for your consideration. Sincerely onard S. 'ndner, PWS Environmental Planning Consultant Profession Wetland Scientist cc: Mr. Jim Roman Charter Properties, Inc. 1100 South Tryon Street, Suite 300 Charlotte, NC 28203 1-704-377-4172 s UNITED STATES USES MAP-MOORESVILLE DEPARTMENT OF THE INTERIOR 9ti? GEOLOGICAL SURVEY 80°2'30" 15120mm.E. 1513 514 5151 50' 35°37'30"-, i = *Ur 39420OOm.N /? ? ? 1 BSp ?80p x.c `? ? ?_ r.v , \ ky r o L °?? ZIJ J„ 1 1? 14, C J? < 900 ?! Cam.,. \1 •`''O\ \ 3941„??? ?,,, __.. _?::-.. it \J ?.. ?- /?_? „' J ? ,• ? , acf' ---s-Jf'?-- _ _ 3940 F 77 O 3939 \ Q . 06 3938 \•J? `\:`??`e.•. lei. n d° 35' i'_ 9n-Chapel\.• ?? \? J o g5? ? .rr ?J 800 39370 --? \ ;op ? rv Ili 11??? ) \????}Y'' -" 'rJ ?J?? r? -( 9so -, ??. _... `i ,? ? • 1 ?' ??•, "`,? . !.F?? . ? . /? //?'//?`?n\\,,\\\\?\\ ?? ?//?_?\??' 'i •8'33 \ j?,? O •,.I (? I ? ? : l!! 1?.•:; ;. i /e17 ? '•J r;?r/ Il J1JJ?", I Cornelius LOCATION MAP W Ala.: LLI W a? \ \ . \..?\\ \ f CL eW J y '? ~-- EZ: W 11J LLI fi\ L.U LLI LLJ J ~ \ 4 ?? ?, 0, z M. 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QR"Q Nln ti?Q1z? pW¢» y <a?ap4N c?a$z32 ca?u23 \ ?ou? ?? ¢eN o u? a3?^IIoN NZ?, ?? v2p2 gpU22 W I- N Q ~ LL Z Q = Ill 0 E'OW Zoz LL. z L. Q F- W 25Ta J W Q ? m Q Z Q y O z z Q p W W H UQW A m tL LL U en LU a?UJ+- WZ M. L.oo oa m =c INTERMITTENT CHANNEL EVALUATION FORM ACTION ID APPLICANT NAME Ck4L1r"f t i9 a?•* "? DATE PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.) 60*V% WATERBODY/RIVER BASIN Ur 44 ??Q?CL_ f !ffyngtr1 COUNTYICITY ??TE.I 1 RECENT WEATHER CONDITIONS Does Channel Appear On A Quad Or Soils Map? N Approx.'Drainage Area: ///llllll/!lJ!!/!/lJl///ll/llll/O//lllJ//l/Il//JJl//llJ!//J/lJl/llll//lllllllll/l/l/ll/Jl///l/l/l/l////l/l/lJl/l//Jl!/I/lll/l/ll/llllll/lllllll///lllll!//lll/lllJl/l//l//I////////llJl/lJll//l/l/////l//////J/l/ll1/ll//!/l/ Determination: Perennial Channel (stop) Important Channel: 00 ± t--K PROJECT MGR Initials ntermittent Channel (proceed) !Unimportant Channel: LF Ephemeral Channel (no jd) (attach map indicatiatiofo? pottant/unimportantcha rmel) Ditch Through Upland (no jd) Evaluator's Signature- iE. project manager) P=Present SP=Stongly Present NP=Not Present Important To Domestic Water Supply? ON T INTERMITTENT CHANNEL EVALUATION FORM ACTION ID APPLICANT NAME T 1 DATE PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.) 1?UNTYXITY WATER BODY/RIVER BASIN 6 m n RECENT WEATHER CONDITIONS QJ y 'r NY Observation Comments or Description Fish/Shelifish/Crustaceans Present Benthic Macro Invertbrates Amphibians Present/Breeding Algae And/Or Fungus (water quality function) Wildlife Channel Use (i.e. tracks, feces, shells, others) Federally Protected Species Present (Discontinue) Riffle/Pool Structure Stable Streambanks / r Channel Substrate (i.e. gravel, cobble, rock, coarse sand) 00014 Riparian Canopy Present (SP =h 50% closure) Undercut Banks/Instream Habitat Structure Flow In Channel Wetlands Adjacent To/Contig. With Channel (Discontinue) Persistent Pools/Saturated Bottom (June thru Sept.) Seeps/Groundwater Discharge (June thru Sept.) Adjacent Floodplain Present Wrack Material or Drift Lines Hydrophytic Vegetation in/adjacent to channel Important To Domestic Water Supply? 0 N Does Channel Appear On A Quad Or Soils Map? Y / N Approx. Drainage Area: liilt?uii?uiuiaii/rilii/rmm?ia/iul/uiuiiiiuu/nnlu/aailia//uanlr?aaialiiniiuuiurnlrliiiuuiiuiu?iiuuriniunuinunuauiiinilrluiauiinuuui/ilriuuii/raiuiliiiriuiiiii/ni Determination: Perennial Channel (stop) Important Channel:t 1"LF PROJECT MGR Initials 'Intermittent Channel (proceed) Unimportant Channel: LF Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel) Ditch Through Upland (no jd) Evaluator's Signature: (if other than C.O.E. project manager) „nn„,n..nunn..u...... auiniaullllll//1111!/1//l1//l1///!/Il/11/l/l1/!llllll/!l1/!lllllllll/l//lllllJll/il/l//lllll/l/l/!/////l/1//l/lll/ll!/llll//l1//1/ll/l/1//l1/l/l////ll//l/ P=Present SP=Stongly Present NP=Not Present DATA FORM ROUTINE WETLAND DETERMINATION 0 987 COE Wetlands Delineation Manual) Project/Site: Date: Applicant/Owner: County: yr&W?- Investigator: p, V-48"d _ State: 4 Do Normal Circumstances exist on the site? No Community ID: Is the site significantly disturbed (Atypical Situation). Yes ® Transect 10: Is the area a potential Problem Area? Yes Plot ID: IL- (If needed, explain on reverse.) " wtiTwllo M44444- Ct A AA6 O ' 4v W aJ- Lakc.. A>,?wvt.., VFOETATION Dominant Plant Soecies Stratum Indicator Dominant Plant Species Stratum Indicator rr 2 ? '1° 14C.? 1 a. [mac. Q!MD. - - 3• 11. 1?? ?ltQr ra_ s a bL• 4. t)r ? _ 12. 13. 6.? S rr?.til v? _ 14. 7 ?*y 8. CAN& 16. Percent of Dominant Species that a re OBL, FACW or FAC a (excluding FAC-). Remarks: HYDROLOGY Recorded Data (Describe in Remarks): -Stream, Cake, or Tide Gauge _ Aerial Photographs _ Other -No Recorded Data Available Watland Hydrology Indicators: Primary Indicators: _ Inundated -Saturated in Upper 12 Inches Water Marks ft Lines Field Observations: g!!' dimant Deposits _0 Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: "Now fin.) _ Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: fin.) _ Water-Stained Leaves _?Local Soil Survey Data /?? ?• Depth to Saturated S VC?? ?r il _ FAC-Neutral Test o : (in.) _ Other (Explain in Remarks) Remarks: WTI, 1995 196- SOILS hase): F e . ubgroup): A Ivvi*4 Profile Descriotion: Depth Matrix Color Mottle Colors Mottle inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Conrrest N Texture, Concretions, Structure, etc. -G" 104-0% Gem - - 3' ? lot A; Sr? ??" f Hydric Soil Indicators: _ Histosol _ Histic Epipedon _ Sulfidic Odor Aquic Moisture Regime Red ing Condi pc ' tions Keyed d or Low-Chroma Colors Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? No (Circle) Wetland Hydrology Present? No Hydric Solis Present? M 10 No _ Concretions _ High Organic Content in Surface Layer in Sandy Soils _ Organic Streaking in Sandy Soils _ Listed on Local Hydric Soils List _ Listed on National Hydric Soils List _ Other (Explain in Remarks) (Circle) Is this Sampling Point Within a Wetland? Yes o Remarks: wilfae'-" GQOt t hr?.tL r'1'hGs(_.1 +? wou; 4k 40t rip" b&r^ Is -197- win, 1995 Drainage Class: 5vy r p Reld Observations / Confirm Mapped Type? yes CN<