19991243 Ver 1_COMPLETE FILE_19991110

State 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
ffl!?!W'j
•
WPM
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 24, 2000
Mecklenburg County
DWQ Project #: 991243
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Brian Livingston, Vice President
Morningstar Group, Inc.
10833 Monroe Road
Matthews, North Carolina 28105
Dear Mr. Livingston:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 410 feet
of wetlands or waters for the purpose of commercial development (Morningstar) as, described in your application dated 10
November, 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.
I. 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. An additional condition is that a final, written stormwater management plan shall be approved by this Office before the impacts
specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater
management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwctter Best
Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by
this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be
implemented.
3. If stream impacts exceed 150 linear feet, compensatory stream mitigation will be required for the entire impact.
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 Donley at 919-733-9646.
Jr'S er,l
Steve
Attachment cc, Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
John Dorney
Central Files
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 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 Morning Star Group, Inc Cornelius Site
Project Number 99 1243
County Mecklenburg
County2
Recvd From APP Region Mooresville
Received Date 11/10/99 Recvd By Region 11/24/99
Project Type commercial
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE
26 HWF O Y O N 11-115-(1) F-c -F-F-5,833. 410.00 410.00
Mitigation Wetland
MitigationType Type Acres Feet
I _F_1 F_
Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more Info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? pQ Y O N
Is Mitigation required? Q Y O N Recommendation:Q Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) 352839 Longitude (ddmmss) 805222
Comments:
Applicant proposes to develop a 4 acre site for commercial development. The writer, along with
Steve Chapin, ALOE, visited the site on July, 1999 The site has approximately 820 feet of stream
channel of which 410 feet have been found to support aquatic life (salamanders). Based on the
layout of the proposed commercial building, approx 150 linear feet of mitigatable channel will be
it]1 an ctod ny the pining (rerouting) of the stream channel around the imposed building site. The
annlispreCeryed anprox 300 feet of channel downstream of the site This section of
preserved channel is of better quality (as far as suppprt9nC1 aquatic life) than the upstream portion,
Mitigation (of impacts are held to lees than 150 feet should not be reQuired, Stormwater detention IS
propoCed As a result of the topography on this site, there is very little, if any alternative site layout
other than that proposed by the applicant
cc: Regional Office Page Number 1
Central Office
Facility Name Morning Star Group, Inc Cornelius Site County Mecklenburg
Project Number 99 1243 Regional Contact:
Date:
Comments (continued from page 1):
Michael L Parker
12/14/99
cc: Regional Office
Central Office Page Number 2
Re: 12/7/99 MRO Tracking Notice
Subject: Re: 12/7/99 MRO Tracking Notice
Date: Tue, 07 Dec 1999 15:45:05 -0500
From: Michael Parker <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: Cynch Bell <cyncli.bell 1 nncmail.net>
Samar is such a douf-wad! Will you guys hurry up and hire him up there! You took
Todd, will you not take Samar too?! Please!!!
Anyway, the deal on etuese 2 projects is this: The date of your cover memo
transmitting Lhuse pi ojects to us is 11/12. We received these projects 11/24 (what
happened to them during these 12 clays I don't know). The 24th was the day before
Thanksgiving and Re:; and I were both on leave. Such being the case, the projects
sat in my inbox until 1 returned from vacation on Monday (12/6). In essence, there
was no one here to work on the projects until monday at the earliest. Now I fully
expect to have conurent:s back in Raleigh by the drop dead date, however, during the
holidays, some delays may occur due to regional staff out of the office on leave
(myself included). Also tell John to exercise some patience since Charlie is
leaving and that will take away another 401 reviewer. I know we ,tLl have a clock
to track, however, t-he holiday season puts additional burden on those of us that
try to get-the-hell-out-of-here for a few days each year. What we need to do is
find out what is cauE;itlg the delay from the time the cover memo i:: written/sent
until the project::; ii-c received in the region. 12 days is way to i,iuch!
Cyndi Bell wrote:
> What kind of medieval torture -instrument should I go after him with? How about _
> one of those cat-c-nine tail do-jobbers? --
> Samar Bou-Ghaza]o wrote:
>
> > Cyndi, -
> > Mike has both projects listed below, and that's according to h;m. So, he is
> > the guy that you rieecl to go after if those projects were not submitted on
> > time.
> > Sama r --
> > Cyndi Bell wrote: --
> > > Hey Samar and Mile. 1'm doing these tracking notices a day earlier as --
> > > I'll be in the field tomorrow. Anyway, below is this week':; 401 -"
> > > Tracking Notice for the Mooresville Regional Office. The Central Office
> > > has not received your recontinendations for these two Len Rincler projects
> > > as of December 7, 1999. If you have not received these applications,
> > > please c,211 me directly or respond to this e-mail, and I will fax you a
> > > copy. P1e,is e take note of the date received in the Central office and --
> > > the 60-day clock projection. If we do not have your comment:; by two
> > > weeks before, the clock expires, we may have co prepare the 401 without
> > > incorporatiri.cl your continents, in order to avoid waiving the 401. Two
> > > weeks from tod,ry, the application will be forwarded to the appropriate
> > > Central Office :;t-aff member" (Todd/Dave) if we do not have Recfional
> > > Office comment:: by then. 111he CO staff will then consult you if time -
> > > allows and make, r recommendation on the 401 to John Dorney.
> > > Please use vho staff recoitunendatiorr sheet in Filemaker Pro, and then
> > > notify mc- at --
> > > Cyndi.BeI IPiicmai I_. net or 919-733-9721 that the report has 1h(,(?n filed.
> > > Thanks. --
> > > DWQ No. Project County Permit Type Received Expires --
> > > 991198 Hunt,,rs?,i lle Coiiimoti.;/F()rest City band Group Mecklenburg NW
> > > 14126 11/5;`19 1/3/99
I of 2 12/7/99 4:37 PICT
Re: 12/7/99 MRO Tracking Notice PRUF
> > > 991243 Moriiingstar Group Cornelius Site Mecklenburg NW 6 11110199
> > > 1/10199
_ > > Samar Bou-Gha-ile - [e-mail]
-- > > Env. Engineer 1
> > North Carolin., Dept. of Environment & Natural Resources
r
> > Div. of Water Quality
> > 919 N. Main St.
> > Mooresville, NC 28115
> > Ph: 704-663-1099 Fax: [phone]
Michael Parker - [e-mail]
Environmental Engineer II
North Carolina Dept. of Environment & Natural. Resources
Division of Water Quality
919 N. Main Street
Mooresville, NC 2£3115
Ph: 704.663.1699 Fax: [phone]
Michael Parker <[e-mail]>
Environmental Engineer II
NC DENR - Mooresville
Division of Water Quality
-tmf 2
12/7/99 4:37 PM
Morningstar
NC 21 and I-77 Site -
Cornelius North Carolin
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Morningstar Mini-Storage
Morningstar Group, Inc.
10833 Monroe Road
Matthews, N.C. 28105
1-704-844-1499
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]

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LandDesign Engineering Services, Inc.
1208 Eastchester Drive, Suite 200
High Point, NC 27265
[phone]
*Subject to verification by the USACE
Date : 11/99

DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
a:
3) COORDINATION WITH THE NC DIVISION OF COASTAL N ?XA NT j Q
S.*•.2_G T Cfi?I'_;?l ?' A.?i i (1) COP` G: T.'. IS C 'd^r_'Tr^ FCPY, TC T: .?PctG'P= I?.TE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES 'SHEET). $.EVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NP.ME : ?a?/'1 ??'??'/ S7lc? (? Yo ??? /!'I c.-.
2. MAILING ADDRESS: [ C/ ?33 ; / , Or4C' /?GZ%c?
CITY: _MGF"Ahe w,? STATE:
SUBDIVISION NAME:
A'c,
ZIP CODE: 9-
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
M.=ILING ADDRESS ABOVE) : 'o"I4 Z- •'o(
COK)'14?_,I(JS HV--f-I -a -71
3. TELEPHONE NUMBER (HOME) : (WORK) : 1-704•- E ?Lf4f- I WIN
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
P'H'ONE NUMBER:
i'Q,? L-?I ?(/'?c??,-fir, X ? / /??l,?'!/!?(:??''?` ?l.??i,G?, ?/I L

5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERI.Z?L HOTOQRAPHY WITH SCALE) :
COUNTY: NEAREST TOWN OR CITY: C11-Ae_-
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
2? ear -
of f 2 P&
6. IMPACTED OR NEAREST STREAWRIVER: UT OF Mcf-:bwell Ce?ek--'
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL S__ TWATER
(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 P_ NORTH CAROLINA DIVISION OF COASTAL
MFLNAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ) NO [ j
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) DESI""NATION?
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):
8b. ARE ADDITIONAL PERM T REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO IF YES, DESCRIBE ANTICIPATED WORK:

weft 11?--
C nd 54.e.e je, ?pys t a S%? CC On 10a. NUMBER OF OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: w o4 a C i-e s EXCAVATION:
C. rrr.? s
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 004/
10b. (1) STREAK? CHANNEL, TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RI'LOCATED, PROVIDE DISTANCE BOTF.' AE F ORE AND AFTER RELOCATION)
??i d ?I91??isC?
LENGTH BEFORE: Z??c' U/'?lmpcc dz.,? AFTER: D FT
WIDTH BEFORE (based on normal high water contours): FT
O
WIDTH AFTER: 0 FT
.cv_3 p
AVERAGE DEPTH BEFORE: I- Z FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN.CHANNE-=:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: (?elg& l rf (e,
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF TE
WATERSHED DRAINING TO THE POND?

WHAT IS THE EXPECTED POND
SURFACE AREA? 01` '?
f-?vr-ex-3

12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): I
. ?5e e- at
13. PURPOSE OF PROPOSED WORK:
Y.i'r1e??T n( (,6 ?'lNNIio'r-01, ' --(X V lit-f 011d rte(

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): A?1 /1 c '1 e ?4o0 r+. l-,L? U
? ? l ??'? (? ?? ?-2^ 1' '?"/1,?c%'?'? m-P.n:'? 'CGS _.? I t .J 7?? J ? 1? In 1?'f'l
?'V1 ?'Yn
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 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 (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
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL,
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS 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 ?fl U, ? i I,,, -t ,rs 4-0(47e--? 61c4hwal-I
f. rr IF APPpLICABL/E?,/ WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
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.
A .fir L
7!?.
(AGENT'S S S I(GNATURE
AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
l/ A9.
DATE
5
LEONARD S iNnNER_ PW.
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]

October 31, 1999 Fax [phone]
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
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Morningstar Mini-Storage Facility near NC 21 and 1-77. Corneliu s. Merk
North
icubu a County
Carolina - Nationwide Permit #26 _
.
Dear Sirs
On behalf of my client, Morningstar Group, I am requesting confirmation of utilize Nationwide Permit #26
to impact 150 If of important stream and 260 if of unimportant stream. The streams were analyzed by
Steve Chapin of the USACE and Mike Parker of NCDENR-NCDWQ on July 7, 1999. The remaining
streams on the project site will be preserved. In addition, stormwater treatment facilities will be provided to
treat storm water generated by the project site.
Background
The project site is located in rapidly developing north Mecklenburg County, NC. The site is currently zoned
for a commercial development. Current land use in the vicinity is developing commercial centers and single
family subdivisions. All fill material will be unpolluted and appropriate measures to control sedimentation
and erosion will be employed. Wetlands which will not be disturbed will be protected during construction
from damage due to construction traffic, drainage and other forms of disturbance.
The following sections present the results of the environmental planning reviews of the project site and a
description of the impacts and proposed minimization and mitigation measures.
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.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 3, October 31, 1999
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual.
General Wetland l ssification and Descrio ion
The riparian areas on this site can be describe as Palustrine Forested Broad - Leaved and Scrub/Shrub
Temporarily Flooded (PFOIA). The site is within a drainage area of unnamed headwater tributaries of
McDowell Creek (Water Classification - C at this location). The majority of the site is a moderately sloping
former agricultural land and woodland.
L=tation
The forested headwater areas are dominated by Facultative Wet and Facultative species. Trees include red
maple, sweetgum, tulip-poplar, and oak. Understory and herbaceous strata includes smilax, ligustrum,
russian olive, dogwood, blackberry, and poison ivy.
Hvdric oils
The. site includes Monacan (Mo) soils. These soils are map units which may have inclusions of hydric soils
according to the Soil Conservation Service (now Natural Resource Conservation Service), Technical
Guide-Section II-A-2, June 1991.
SUMMARY
Surface Waters Intermittent tributaries
± 4601f (important) ±0.06 acres
Intermittent tributaries
± 2601f (unimportant) ±0.02 acres
Approximate Total - Waters of the U.S. ±0.08 acres
N"426 Intermittent tributaries
± 150 If (important) ±0.02 acres
Intermittent tributaries
± 260 If (unimportant) ±0.02 acres
Approximate Total - Waters of the U.S. ±0.04 acres
PERMITTING AND MITIGATION
Preliminary planning for the project involved site analysis and consideration of environmental, economic and
regulatory issues. Topography, natural features and systems, circulation, site organization, open space,
development requirements, and environmental issues were considerations in designing the overall plan.
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.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 4, October 31, 1999
Best Management Practices will be employed to minimize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect important vegetation
c) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
d) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
fl The contractors will be held responsible for unauthorized wetland damage not permitted
according to plans and specifications.
g) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Impacts from hazardous materials and other toxins to fish and aquatic life such as fuels will be
avoided by not permitting staging areas to be located near surface waters.
h) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
STORMWA TER MANAGEMENT PLAN
Wet detention basins shall be the primary treatment system for stormwater runoff. The wet detention basins
that will attenuate the first inch of rainfall over a 24 hour period from most of the developed portions of the
site. Water will be released over a 2 to 5 day period. Discharge velocity of the outclass will be less than five
cfs. They will utilize wetland mitigation areas to increase filtration. 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 using the Table 1.1 in the Stomiwater.-Best
Manaaement Practices N DENR November, 1995
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives, in full sun characteristic of succession fields, margins, and forested openings.
Portions of the site are currently in old field succession and secondary succession. An evaluation of the site
indicated that Schweinitz'c sunflower is not present Ln the pMject area The Carolina heelsplitter is a
freshwater mussel which prefers shaded areas either in a ponded portion of a small stream or in runs along
steep banks with moderate current. Primary habitat are waters less than three feet deep with a soft mud,
muddy sand, or shady gravelly substrate. It is normally restricted to protected silted areas or under banks
especially associated with obstructions such as stumps or fallen trees. Its current distribution according to
the US Fish and Wildlife Service is limited to portions of two streams -- Goose Creek and Waxhaw Creek --
and a small river originating from rural areas in Union County. Therefore it is does not occur on this site.
CULTURAL RESOURCES
No standing structures were found. The State Historic Preservation Office may review of the USGS maps at
the Office of State Archaeology and the Survey and Planning Office of the North Carolina Department of
Cultural Resources to determine if sites are indicated on the National Historic Register within the study
area.
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 5, October 31, 1999
AQUATICIIABITAT
The aquatic systems in the project area consist of headwater intermittent tributaries of McDowell 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. 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.
CONCLUSION
Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive site
planning has chosen to balance the site's economic viability with its environmental value and permitability.
The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this
development by minimizing impacts to downstream waters.
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
Profession Wetland Scientist
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LanbDesign, Inc. TRANSMITTAL
1208 Eastchester Drive, Suite 200 Land Planning
High Point, NC 27265 ? ?' ?? Urban Design
Phone: [phone] Civil Engineering
Fax: [phone] ,.?y c? Landscape Architecture
O ?
DATE: 11/g/99 PROJECT: Morningstar Sk Cornelius PROJECT #: 7099018
TO:
John Dorney/NCDENR
?' AA
We transmit - by mail For: 1k"x -.y0ur approval 'J 9 1 f-r 4
- by courier - your file/use `
x - by overnight service - your information
- by second day air - revision and submission f??li?4
- by hand delivery " distribution n.
- pick up - your signature ?, (V l_ l)
- your review and comment
QTY DATED DESCRIPTION
7 Copies of the Pre-Construction Notification Application
I Check No. 1247 for $475.00
COMMENTS:
SENT BY: Kevin Vogel
CC: Steve Chapin
Mike Parker
File
H//Forms/New Forms
LanbDesign, Inc. TRANSMITTAL
1208 Eastchester Drive, Suite 200 Land Planning
High Point, NC 27265 G. Urban Design
Phone: [phone] J Civil Engineering
Fax: [phone] Landscape Architecture
DATE: 11/9/99 PROJECT: Morningstar Site - Cornelius _ PROJECT #: 7099018
TO: Mike Parker/NCDENR
We transmit: - by mail
- by courier
x - by overnight service
- by second day air
- by hand delivery
- pick up

For: - your approval
- Nola /

your file/use 0
- your information
- revision and submission-
`
- distribution
-
- your signature
- your review and com ment
QTY DATED DESCRIPTION
2 Copies of the Pre-Construction Notification Application
COMMENTS:
SENT BY: Kevin Vogel
CC: John Dorney
Steve Chapin
File
HHForms/New Forms
LanbDesign, Inc. TRANSMITTAL
1208 Eastchester Drive, Suite 200
High Point, NC 27265
Phone: [phone]
Fax: [phone]
DATE: 1 1 /9/99
TO: Steve Chapin/US Army Corp of Engineers
We transmit: - by mail
- by courier
x - by overnight service
- by second day air
- by hand delivery
- pick up
PROJECT #: 7099018
For: - your approval
your file/use
- your information
revision and subrn*§kc} distribution
- your signature
your review and comment
QTY DATED DESCRIPTION
2 Copies of the Pre-Construction Notification Application
COMMENTS:
SENT BY: Kevin Vogel
CC: John Dorne:
Mike Parker
File
A ,.
Land Planning
Urban Design
Civil Engineering
Landscape Architecture
PROJECT: Morningstar Site - Cornelius PAM[ - N
RECEIVED
H//Forms/New Forms