19990056 Ver 1_COMPLETE FILE_19991202

F? `?
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
e??
OEM% James B. Hunt, Jr., Governor NCDENR
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
March 13, 2000
Mecklenburg County
DWQ Project # 99-0056
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bill Rice
Squires Enterprises, Inc.
10100 Park Cedar Dri ve, Suite 178
Charlotte, N.C. 28210
Dear Mr. Rice:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.45 acres
of wetlands and 100 feet of streams waters for the purpose of constructing a residential development (Rocky Ridge Phase 2 at
Woodlands Farms), as you described in your revised application dated 28 Febuary, 1999. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use
Nationwide Permit Number 26 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 permit expires
unless otherwise specified in the General Certification. This Certification replaces the one issued May 11, 1999.
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 restrictions shall be implemented in accordance with correspondence provided on the applicant's behalf on October 13,
1999 by Mr. Leonard Rindner. Specifically:
• Sideyards on Lots 1 and 52 shall be stabilized with vegetation once the silt pond is removed. Existing trees along the
bank shall be maintained within the 20'buffer.
• A 20'buffer shall be protected by silt fences adjacent to wetlands in Lots 29, 32, 33 and 37.
• Banks will be stabilized and wetlands shall be protected with silt fences in Lots 30 and 31.
• A 30' forested buffer shall be maintained on Lot 38.
2. The banks of the wetland shall be stabilized as soon as possible to prevent downstream sedimentation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-1786.
{
St
R?011/Wetlands y,
Division of Water Quanit
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper

cc. Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
John Dorney
Central Files
Len Rinder, 3714 Spokeshave Lane, Matthews, NC, 28105
990056
f w
e
1 CONARD.,'"1.1RLN I)N '. PW
Eavironmental Planning Consultant 3714 Spake0ha-44 t
Landscape Architecture mattbewt11?C X105
Land planning (904) 84"41,
Decexriber 10, 1999
Ms. Cyndt Bell.
Division of Water Quality - NC'DENR
Environmental Science Laboratories
4401 Needy Creek Road
Raleigh, NC 27607
Re: FW cckkv„ Ridge Pala 2 - DWQ.Project #990056
Deat Cyndi.
I apologize for the delay its responding to your request for additional .info matiott
regarding the deed restriction. As you recall per my last correspondence, on Nlay
.1.999, my client received an approval of 401 Water Quality Certification and-Adaitioraal..
Conditions. We also received an approval from the USAGE. The subsequeitt..a * pr
was for an after-the-fact situation in which approximately. 112) of a former pond bed was.
tilled during; project grading. The fill was conducted be?iarting in 9-5 and= buill .nn .. .
over- time through &Wing gyrations. Since the pond was breached in the early 1.4.0 the developer was unaware. that wetlands were present and that a hermit was •regair+ d:.
Although they have met condition. #2, in developing the final record surveys, ..for..'the
project,. it became apparent that it would be impossible to fully meet thee' a44itim0.al -
condition 01,. which required deed restrictions or similar mechariMus, on-all- JOU-.
remaining jurisdictional wetlands and waters within 50 feet of all the streams- .WW POO&
This is because the lots were already sold to builders and future homeowners acid .art; Sao. .
longer in control of the developer. If the developer had known or realized .that- .O it
was required before the fact, the restrictions could have been planned into the.prpy,Od..
The following is a lots that restrictions can be implemented.
Lot 41 & Lot #54'. - Sideyard will be stabilized with vegetation. once" the :.'Sllf
pond is removed. Existing trees along bank, to remain within 20' buffer.
Lot #29, 32, 33, 37 - 20' buffer protected by silt fence adjacent to wetland
t.,ot #30 and #31 - banks will. be stabilized, wetlands will. be pr cted by5ilt-f nce:
Lot #38 - 30' forested buffer
All disturbances within these areas have been stabilized and the owner intends, to
re-establish riparian vegetation in the stream buffer where-feasible. The developer has'
I
Ms. Cyndi Bell, Page 2
December 10, 199q
also requested cooperation from the owners of the properties with streams and-wetlataOs
that are no longer in his control to retain riparian vegetation and to replace vegetaxidn
that was removed due to construction prior to the application- There are no. additiowl:.:
impacts to streams or wetlands proposed on the project. Since this inadvertent I ice,'.
the developer has conducted preliminary evaluations on.all their projects to cotifi `.the
presence of haters of the U.,$. early in. the design process- They have worked' .diligently .
to avoid them and incorporate streams and wetlands into the plans as natural 4minitiea to•
the point of avoiding a pre-construction notificabou,
Please contact nae if you have any questioris or require additional. explanation. 176nk YOU
for your consideration.
Thank you.
Leonard S. Rjndner, PW:S
Environmental Planning Consultant
cc, Gil Squires - Squires Enterprises
Bill Mice -Squires Enterprises
Steve Wilson - DPK

LEONARD S RiNDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning [phone]
October 9, 1999
Mr. John R. Dorney - Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road, Raleigh, NC 27607
Re: DWQ Project #990056
Dear John:
On May 11, 1999, my client received an approval of 401 Water Quality Certification and Additional
Conditions. We also received an approval from the USACE. If you recall, the application and subsequent
approval was for an after-the-fact situation in which approximately 1/2 of a former pond bed was filled
during project grading. The fill was conducted beginning in 1995 and was built up over time through
grading operations. Since the pond was breached in the early 1990's, the developer was unaware that
wetlands were present and that a permit was required. Although they have met condition #2, in developing
the final record surveys for the project, it became apparent that it would be impossible to fully meet the
additional condition #1, which required deed restrictions or similar mechanisms on all lots with remaining
jurisdictional wetlands and waters within 50 feet of all the streams and ponds. This is because the lots were
already sold to builders and future homeowners and are no longer in control of the developer. If the
developer had known or realized that a permit was required before the fact, the restrictions could have
been planned into the project.
The attached map indicates the areas that can be deed restricted. All disturburbances within these areas have
been stabilized and the owner intends to re-establish riparian vegetation in the stream buffer where it has
been removed or disturbed. The developer has also requested cooperation from the owners of the properties
with streams and wetlands that are no longer in his control to retain riparian vegetation and to replace
vegetation that was removed due to construction prior to the application. There are no additional impacts to
streams or wetlands proposed on the project. Since this inadvertent mishap, the developer has conducted
preliminary evaluations on all their projects to confirm the presence of Waters of the U.S. early in the design
process. They have worked diligently to avoid them and incorporate streams and wetlands into the plans as
natural amenities to the point of avoiding a pre-construction notification.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Thank you
tnc ely,
nard S. Rindner, PWS
Environmental Planning Consultant
cc: Gil Squires - Squires Enterprises
Bill Rice - Squires Enterprises
Steve Wilson - DPR

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
?'rrL
May 11, 1999
Mecklenburg County
DWQ Project # 990056
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bill Rice
Squires Enterprises, Inc.
10100 Park Cedar Drive, Suite 178
Charlotte, N.C. 28210
Dear Rice:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.45 acres
of wetlands and 100 feet of streams waters for the purpose of constructing a residential development (Rocky Ridge Phase 2 at
Woodlands Farms), as you described in your revised application dated 28 Febuary, 1999. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use
Nationwide Permit Number 26 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 maybe required
as described in ISA 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).
2. The banks of the wetland shall be stabilized as soon as possible to prevent downstream sedimentation.
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.
Si a ly,
tevens
cc. Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office .
Mooresville:DWQ Regional Office
John Dorttey
Central Files
Len Rinder 990056.1tr
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
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I "I
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LEONARD S RINDNEIR PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning [phone]
October 9, 1999
Mr. John R. Dorney - Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road, Raleigh, NC 27607
?. J
Re: DWQ Praiect #990056,
Dear John: ?ue[FR Q ._..-?-
On.May 11, 1999, my client received an approval of 401 Water Quality Certification and Additional
Conditions. We also received an approval from the USACE. If you recall, the application and subsequent
approval was for an after-the-fact situation in which approximately 1/2 of a former pond bed was filled
during project grading. The fill was conducted beginning in 1995 and was built up over time through
grading operations. Since the pond was breached in the early 1990's, the developer was unaware that
wetlands were present and that a permit was required. Although they have met condition 42, in developing
the final record. surveys for the project, it became apparent that it would be impossible to fully meet the
additional condition #1, which required deed restrictions or similar mechanisms on all lots with remaining
jurisdictional wetlands and waters within 50 feet of all the streams and ponds. This is because the lots were
already sold to builders and future homeowners and are no longer in control of the developer. If the
developer had known or realized that a permit was required before the fact, the restrictions could have
been planned into the project.
The attached map indicates the areas that can be deed restricted. All disturburbances within these areas have
been stabilized and the owner intends to re-establish riparian vegetation in the stream buffer where it has
been removed or disturbed. The developer has also requested cooperation from the owners of the properties
with streams and wetlands that are no longer in his control to retain riparian vegetation and to replace
vegetation that was removed due to construction prior to the application. There are no additional impacts to
streams or wetlands proposed on the project. Since this inadvertent mishap, the developer has conducted
preliminary evaluations on all their projects to confirm the presence of Waters of the U.S. early in the design
process. They have worked diligently to avoid them and incorporate streams and wetlands into the plans as
natural amenities to the point of avoiding a pre-construction notification.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Thank you.
n ely,
eonard S. Rindner, PWS
Environmental Planning Consultant
cc: Gil Squires - Squires Enterprises
Bill Rice - Squires Enterprises
Steve Wilson - DPR
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 11, 1999
Mecklenburg County
DWQ Project # 990056
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bill Rice
Squires Enterprises, Inc.
10100 Park Cedar Drive, Suite 178
Charlotte, N.C. 28210
Dear Rice:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.45 acres
of wetlands and 100 feet of streams waters for the purpose of constructing a residential development (Rocky Ridge Phase 2 at
Woodlands Farms), as you described in your revised application dated 28 Febuary, 1999. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use
Nationwide Permit Number 26 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 Stonnwater,
Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAIvIA
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).
2. The banks of the wetland shall be stabilized as soon as possible to prevent downstream sedimentation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-1786.
Scc. Wil
mington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville: DWQ Regional Office
John Dorney
Central Files
Len Rinder 990056.1tr
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

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
e
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 11, 1999
Mecklenburg County
DWQ Project # 990056
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bill Rice
Squires Enterprises, Inc.
10100 Park Cedar Drive, Suite 178
Charlotte, N.C. 28210
Dear Rice:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.45 acres
of wetlands and 100 feet of streams waters for the purpose of constructing a residential development (Rocky Ridge Phase 2 at
Woodlands Farms), as you described in your revised application dated 28 Febuary, 1999. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use
Nationwide Permit Number 26 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).
2. The banks of the wetland shall be stabilized as soon as possible to prevent downstream sedimentat ion.
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 Domey at 919-733-1786.
Si a ly,
teven
s
cc. Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
John Dorney
Central Files
Len Rinder 990056.1tr
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 Rocky River at Woodland Farms
Project Number 99 0056
Recvd From APP
Received Date 1/22/99 Recvd By Region
Project Type residential
Charley Schwartz
Rex Gleason
County Mectdenburg
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet,
Type Type Impact Score Index Prim. Supp. Basin Req. Req.

Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? p Y pp N Did you request more info? p Y pp N
Have Project Changes/Conditions Been Discussed With Applicant? p Y p N
Is Mitigation required? p Y pp N
Recommendation: p Issue p Issue/fond p Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Charley Schwartz visited the site on May 5, 1999. There is a stream and a wetland on the property
that the applicant has impacted, Comments regardmng impacts to each are described below:
cc: Regional Office Page Number 1
Central Office
Facility Name Rocky River at Woodland Farms
Project Number 99 0056
Comments (continued from page 1):
County Mecklenburg
Regional Contact: Charley Schwartz
Date: 5/6/99
Office noes not recommend any enforcement on account of the facts that the total length of stream
impact is less than 150' and the applicant has taken extra measures to ensure the long term integ 4
of the stream (with buffers).
cc: Regional Office
Central Office Page Number 2
.j I )
1 {??p N
N. -5
tl 4,'
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
February 28, 1999
Mr. John R Dorney
Department of Water Quality -NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: DWO -# 990056 - Additional Information - Rocky Ridge Phase 2 & Woodlands Farm ± 17
Acres Charlotte, Mecklenburg ounTy North Carolina - Nationwide Permit #26
Dear Sirs:
On behalf of my client, Mr. Bill Rice of Squires Enterprises, Inc., I am submitting the additional information
you requested regarding confirmation of eligibility to fill a ±0.45 acres of wetlands - after-the-fact, in a
former pond bed of which ± 0.25 acres wetlands within 50' of surface waters; and cross ± 100 if of streams
for one separate road crossings. The fill was conducted beginning in 1995 and as built up over time through
grading operations. Since the pond was breached in the early 1990's, the developer was unaware that
wetlands were present and that a permit was required.
As depicted in the application and the plan, the developer has taken great care in avoiding the primary
stream through modifications of the site plan. Minimization and mitigation includes avoiding the remaining
area of wetland& approximately 0.90 acres, and preserving the re-established stream The stream below the
former pond will be protected by buffers as shown
The attached maps indicates the extent of the existing graded house pads that are closest to wetland
area and proposed buffers. The remaining lots have adequate area to construct the housepad.
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
.
include:
a) Siltation Barriers and Sediment Traps
b) Barricades to define construction limits to sensitive sites and to protect trees
c) 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.
d) 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.
Existing wetlands and streams with a 30' wide construction buffer barricaded with silt fence to the extent
feasible. Buffers are expected to exceed this width in most locations: Areas within the buffers which have
been cleared due to grading requirements or by accident 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
Rocky Ridge Phase 2 @ Woodland Farm, Page 2, February 28, 1999
Mr. John R. Domey - NCDWQ
Request for NWP 26
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 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 5-6 Height.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Mnard S. Rindner, P
Environmental Planning Consultant
NC Landscape Architect 9578
Mr: Steve Chapin
US Army Corps of Engineers - Reg. Field Office
Bill Rice - Squires Enterprises
Steve Wilson - DPR
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 3, 1999
Squires Enterprises, Inc.
10100 Park Cedar Drive
Suitel78
Charlotte, NC 28210
Dear Sirs:
Re: Rocky River at Woodland Farms
Mecklenburg County
DWQ # 990056
.8.
The Division of Water Quality has reviewed your submittal for a 404/401 Permit for a
residential development in Mecklenburg County. DWQ needs a larger scale map to determine if these
lots are buildable without additional fill.
I can be reached at 919-733-1786 if you have any questions. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this project on hold.
Also, the project will be placed on hold for our processing due to incomplete information (15A NCAC
2H .0507(a)(4)). Your processing time will begin once we receive a complete application.
I..W ' erely,
R. Domey
er Qu ality Certif2Program
Attachment
cc: Mooresville DWQ Regional Office
Wilmington District of Corps of Engineers
Asheville Field Office Corps of Engineers
John Dorney
Central Files
Len Rindner
990056.h1d
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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North Carolina
.Joint Application Form and Supporting Documenlalion.lbr
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared P or:
Squires Enterprises, Inc.
10100 Park Cedar Drive, Suite 166
Charlotte, NC 28210
1-704-542-3769
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
DPR Associates, Inc.
Landscape Architects - Planners - Engineers
420 Hawthorn Lane
Charlotte, N.C. 28204
[phone]
*Subject to verification by the USACE
Date : 12/98
DEM ID:
CORPS ACTION ID:
. NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): _# 21
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 COLLETED 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:
!l e__
2. MAILING ADDRESS: lO t D O ?a ?? WA r t:>r'o42.
CITY: Caelo w<' STATE:
SUBDIVISION NAME:
N Cl ZIP CODE: ? I o
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
(WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
1?r_ , I l ?i c.L Sa m-c Cc. S f--e.
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE): ??? ?/
COUNTY: NEAREST TOWN OR CITY: O e?
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
-eJ
0 - A16
rr ( .I \v
6. IMPACTED OR NEAREST STREAM/RIVER: u -r RIVER BASIN: "- <O-A , k-, ) n
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [,? IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS B EN 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 PERM 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: -t- I
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
t i- 50 Au%'0S vr?kt.? w S 1: jov l? -It;
we,7H"S ! . 3 ,4c ez,?) 2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: CcC?1%eS EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED :
a. U'LS w/ r 4-0' OF <O r4ie MEAT .+?
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
FT AFTER: CJ FT
LENGTH BEFORE: fi [ 00 If
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: Z / ?J FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
1
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
S-i'YV CA-7 On 6T S
e-1-e- w yl-P-^t -
fie. a AACAtd- d2 (CC,? ,
13. PURPOSE OF PROPOSED WORK:
4?? A( ? (t> (q,4?
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): / e
n ?,.? a? ?-C L S oe4 t/ (6ted i ':';+r t ?n (< r P- e 5+61(j h-cct

h ?? S???al
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 [ J NO -&i---(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 [ J NO [ J
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ J NO [ J
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 [phone].
4
i
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
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 RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
n ci J-e -? A-7z-* ? i I S?J?lit I V L S! o n
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
1-'l V 1?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY 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.
0 NER'S/AGENT'S SI `RE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
?? .,?29,:e
DATE
1
5
LEONARD S RI_NDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
December 21, 1998
Mr. Steve Chapin
US Army Corps of Engineers- Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Rocky Ridge Phase 2 g Woodlands Farm - ± 17 Acres. Charlotte. Mecklenburg County, North
Carolina - Nationwide Permit #26
Dear Sirs:
On behalf of my client, Mr. Bill Rice of Squires Enterprises, Inc., I am requesting confirmation of eligibility
to fill a ±0.45 acres of wetlands - after-the-fact, in a former pond bed of which ± 0.25 acres wetlands
within 50' of surface waters; and cross + 100 if of streams for one separate road crossings. The fill was
conducted beginning in 1995 and as built up over time through grading operations. Since the pond was
breached in the early 1990's, the developer was unaware that wetlands were present and that a permit was
required. As depicted on the plan and in this report the developer has taken great care in avoiding the
primary stream through modifications of the site plan and has incorporated it into the overall open space.
Based on a review of the small stream from the pond, although dry due to the drought-like conditions,
exhibited a saturated channel bottom; reduced soils; algae; hydrophytic vegetation in or adjacent to the
channel; evidence of wildlife utilizing the stream; and manifested sandy and gravelly channel substrate.
Minimization and mitigation includes avoiding the remaining area of wetlands approximately 0.90 acres and
preserving the re-established stream The stream below the former pond will be be protected by a 30' buffer
from the bank to the extent feasible
BACKGROUND
The proposed residential development is on approximately 17 acres in southeast Mecklenburg County,
North Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth
especially in conjunction with the Charlotte Outer Belt. Current land use in the vicinity is single family
subdivisions and agricultural land. There are approximately 1.10 acres of jurisdictional waters (0.90 acres
wetlands; 1,200 to 1300 If streams) on the project site. 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 remaining streams and wetlands will be protected by restrictive covenants and the
hydrology to the remaining wetlands and streams will be maintained and enhanced by utilizing the storm
drainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic
life functions.
Rocky Ridge Phase 2 @ Woodland Farm Page 2 December 20, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
Surface Waters Int/Perennial tributary (± 1300 If) + 0.15 ac.
Wetlands Associated w/ former Pond ± 1.10 ac.
W/in 50' of surface waters (near pond and
and channels) ± 0.25 ac.
Approximate Total - Waters of the U.S. + 1.50 ac.
Surface Waters Int/Perennial tributary (± 100 If) + 0.02 ac.
(1 crossings)
Wetlands Associated w/Pond + 0.20 ac.
Wetlands w/in 50' of surface waters + 0.25 ac.
Approximate Total - Waters of the U.S. ± 0.47 ac.
*** Approximately 400 if to 500 if of stream habitat with adjacent wetlands has been
re-established
Water Classification - C
The pond, wetlands, and streams are headwaters of Caldwell Creek, which are part of the Yadkin River
Basin and currently classified a Class C - aquatic life propagation and survival, fishing, wildlife, secondary
recreation, and agriculture.
WETLANDS PERMITTING AND MITIGATION
The subdivision layout minimizes impacts to the perennial and intermittent tributaries. Except for temporary
construction and development impacts, we believe that the proposed project will not cause significant
impacts to the ecological functions or values of Jurisdictional Waters of the U. S.
Avoidance. Minimization, and Mitigation
The following avoidance and minimization efforts and measures will also be taken:
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
include:
Rocky Ridge Phase 2 at Woodland Farm, Page 3, December 20, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
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 has been developed for a "no net loss" of wetland habitat, value, and function to the extent
feasible on this site. The goal of this plan is to preserve, protect, the extents of the existing wetlands and
streams. The primary stream will be protected as depicted on the plan through the use of buffers.
Employment of strict erosion and sediment control procedures will be specified to avoid impacts to water
quality. Existing wetlands and surface waters and buffer areas will be protected from erosion and
sedimentation during construction. Control structures such as sedimentation traps, siltation barriers, and/or
at a minimum silt fence will be utilized as necessary.
The preserved streams and wetlands will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. Development of these areas will be deed restricted in
accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ.
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 successional fields, margins, and forested
openings. Most of the site was in secondary forested and dense old field sucession. The site does not appear
conducive to the habitat required to support Schweinitz's sunflower.
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
Rocky Ridge Phase 2 at Woodland Farm, Page 4, December 20, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
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
not expected to occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
CULTURAL RESOURCES
Based on a review of the USGS maps inspected at the Office of State Archaeology and the Survey and
Planning Office no sites were indicated that are on or potentially eligible for the National Register of Historic
Places. There are no standing structures on the site except for recently constructed contemporary homes.
AQUATIC HABITAT
The aquatic systems in the project area consist of headwater wetlands, intermittent tributaries, and ponds. 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 17 acre residential development has been designed to balance the site's economic viability
with its environmental value. The goal of the Site Plan and Mitigation Plan is to help balance the
environmental consequences of this development by preserving the most valuable Jurisdictional Waters of
the U. S. on the site.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect #578

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lanne Architects
Planners & Engineers ROCKY RIDGE PH.2 O WOODLAND FARM ?
DESIGN •PLANNING- RESEARCH 420 Hawthorne Lane SQUIRES ENTERPRISES, INC.
Charlotte, N0 28204 CRAB ORCHARD TOWNSHIP O J
704%332-1204 MECKLENBURG CO., NORTH CAROLINA
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
11 4 00
OA- 2
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 3, 1999
Squires Enterprises, Inc.
10100 Park Cedar Drive
Suite178
Charlotte, NC 28210
Dear Sirs:
Re: Rocky River at Woodland Farms
Mecklenburg County
DWQ # 990056
The Division of Water Quality has reviewed your submittal for a 404/401 Permit for a
residential development in Mecklenburg County. DWQ needs a larger scale map to determine if these
lots are buildable without additional fill.
I can be reached at 919-733-1786 if you have any questions. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this project on hold.
Also, the project will be placed on hold for our processing due to incomplete information (15A NCAC
2H .0507(a)(4)). Your processing time will begin once we receive a complete application.
It ' erely,
R. Dorney
er Quality Certific ' Program
Attachment
cc: Mooresville DWQ Regional Office
Wilmington District of Corps of Engineers
Asheville Field Office Corps of Engineers
John Dorney
Central Files
Len Rindner
990056.hld
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

Rocky River
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oodland s
Mecklenburg s
Mecklenburg County,
,
North Carolina
rth Carolina
No
Joint Application 1 Form and Supporting l )ocumentat ion, f br
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Squires Enterprises, Inc.
10100 Park Cedar Drive, Suite 166
Charlotte, NC 28210
1-704-542-3769
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
DPR Associates, Inc.
Landscape Architects - Planners - Engineers
420 Hawthorn Lane
Charlotte, N.C. 28204
[phone]
. *@
41041
--P!
*Subject to verification by the USACE
Date : 12/98

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14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
il 1944 -t 4
IQ?ed im 1 h<
I 4 l - r It 1 u
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 .,-]-(I F 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 [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I NO []
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
i
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
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 RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING. PROPERTY?
n
IV 6S Io rn
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
S M y r2
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY 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.
O NER'S/AGENT'S SI URE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
DATE
1
5
LEONARD S RINDNER, PAS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
December 21, 1998
Mr. Steve Chapin
US Army Corps of Engineers- Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Rocky Ridge Phase 2 Ca, Woodlands Farm - ± 17 Acres Charlotte Mecklenburg County North
Carolina - Nationwide Permit #26
Dear Sirs:
On behalf of my client, Mr. Bill Rice of Squires Enterprises, Inc., I am requesting confirmation of eligibility
to fill a ±0.45 acres of wetlands - after-the-fact, in a former pond bed of which + 0.25 acres wetlands
within 50' of surface waters; and cross + 100 If of streams for one separate road crossings. The fill was
conducted beginning in 1995 and as built up over time through grading operations. Since the pond was
breached in the early 1990's, the developer was unaware that wetlands were present and that a permit was
required. As depicted on the plan and in this report the developer has taken great care in avoiding the
primary stream through modifications of the site plan and has incorporated it into the overall open space.
Based on a review of the small stream from the pond, although dry due to the drought-like conditions,
exhibited a saturated channel bottom; reduced soils; algae; hydrophytic vegetation in or adjacent to the
channel; evidence of wildlife utilizing the stream; and manifested sandy and gravelly channel substrate.
Minimization and mitigation includes avoiding the remaining; area of wetlands approximately 0.90 acres and
preserving; the re-established stream The stream below the former pond will be be protected by a 30' buffer
from the bank to the extent f i le.
BACKGROUND
The proposed residential development is on approximately 17 acres in southeast Mecklenburg County,
North Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth
especially in conjunction with the Charlotte Outer Belt. Current land use in the vicinity is single family
subdivisions and agricultural land. There are approximately 1.10 acres of jurisdictional waters (0.90 acres
wetlands; 1,200 to 1300 if streams) on the project site. Wetlands and streams which wilt not be disturbed
will be protected during construction from damage due to construction traffic, drainage and other forms of
disturbance. The remaining streams and wetlands will be protected by restrictive covenants and the
hydrology to the remaining wetlands and streams will be maintained and enhanced by utilizing the storm
drainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic
life functions.
Rocky Ridge Phase 2 @ Woodland Farm, Page 2, December 20, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
Surface Waters Int/Perennial tributary (± 13001f)
Wetlands Associated w/ former Pond
W/in 50' of surface waters (near pond and
and channels)
± 0.15 ac.
± 1.10 ac.
± 0.25 ac.
Approximate Total - Waters of the U.S. + 1.50 ac.
Surface Waters Int/Perennial tributary (± 100 If) + 0.02 ac.
(1 crossings)
Wetlands Associated w/Pond + 0.20 ac.
Wetlands w/in 50' of surface waters ± 0.25 ac.
Approximate Total - Waters of the U.S. ± 0.47 ac.
*** Approximately 400 if to 500 if of stream habitat with adjacent wetlands has been
re-established
Water Classification - C
The pond, wetlands, and streams are headwaters of Caldwell Creek, which are part of the Yadkin River
Basin and currently classified a Class C - aquatic life propagation and survival, fishing, wildlife, secondary
recreation, and agriculture.
WETLANDS PERMITTING AND MITIGATION
The subdivision layout minimizes impacts to the perennial and intermittent tributaries. Except for temporary
construction and development impacts, we believe that the proposed project will not cause significant
impacts to the ecological functions or values of Jurisdictional Waters of the U.S.
Avoidance, Minimization. and Mitigation
The following avoidance and minimization efforts and measures will also be taken:
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
include:
Rocky Ridge Phase 2 at Woodland Farm, Page 3, December 20, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
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 has been developed for a "no net loss" of wetland habitat, value, and function to the extent
feasible on this site. The goal of this plan is to preserve, protect, the extents of the existing wetlands and
streams. The primary stream will be protected as depicted on the plan through the use of buffers.
Employment of strict erosion and sediment control procedures will be specified to avoid impacts to water
quality. Existing wetlands and surface waters and buffer areas will be protected from erosion and
sedimentation during construction. Control structures such as sedimentation traps, siltation barriers, and/or
at a minimum silt fence will be utilized as necessary.
The preserved streams and wetlands will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. Development of these areas will be deed restricted in
accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ.
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 successional fields, margins, and forested
openings. Most of the site was in secondary forested and dense old field sucession. The site does not appear
conducive to the habitat required to support Schweinitz's sunflower.
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
Rocky Ridge Phase 2 at Woodland Farm, Page 4, December 20, 1998
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Request for NWP 26
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
not expected to occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel' benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
CULTURAL. RESOURCES
Based on a review of the USGS maps inspected at the Office of State Archaeology and the Survey and
Planning Office no sites were indicated that are on or potentially eligible for the National Register of Historic
Places. There are no standing structures on the site except for recently constructed contemporary homes.
AQUATIC HABITAT
The aquatic systems in the project area consist of headwater wetlands, intermittent tributaries, and ponds. 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 17 acre residential development has been designed to balance the site's economic viability
with its environmental value. The goal of the Site Plan and Mitigation Plan is to help balance the
environmental consequences of this development by preserving the most valuable Jurisdictional Waters of
the U.S. on the site.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect #578

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PLAN REVISED TO ALLOW WETLANDS AND ± 400 TO 500 LF OF RE-ESTABLISHED
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PORTION OF POND IBED FILLED BEGINNING 1995>.;°
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Vicinityy Map
Not To Scale,
JOB # 97108.1 DATE 7 8 98 SIZE SULLETnN 1 200 SCALE
OM ANWAIM W. WETLAND MAP COVER SHEET
Landscape
rs Engineers eers
Planners & Enp,neera ROCKY RIDGE PH.2 O WOODLAND FARM ?
DESIGN- PLANNING- RESEARCH '420 Hawthorne Lone SQUIRES ENTERPRISES, INC.
Chorlotte, NC 28204 CRAB ORCHARD TOWNSHIP OF 3
704332-12°4 MECKLENBURG CO., NORTH CAROLINA
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