19991316 Ver 1_COMPLETE FILE_19991203

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
ZF!?AA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 3, 2000
Mecklenburg County
DWQ Project # 991316
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Jim Homan
Charter Properties, Inc.
1100 South Tryon St.
Charlotte, NC 28203
Dear Mr. Homan:
You have our approval, in accordance with the attached conditions and those listed below, to place till material in 250 linear
feet of streams for the purpose of constructing road crossings at Mallard Creek Church Road Multi-Family Site as described in
your application dated 3 December 1999. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Numbers 3103 and 3108. These certifications allow you to use Nationwide Permit Numbers 14 and
26 when the Corps of Engineers issues them. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions.
If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
L Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and streams to notify
the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30
days of the date of this letter or the issuance of the 404 Permit (whichever is later).
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 1506 of the North
Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification tnd
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-9646.
nce/
Steve s
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Len Rindner
991316.Itr
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 9 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 Jim Homan / Mallard Creek Church Road
Project Number 99 1316
Recvd From APP
Received Date 12/3/99 Recvd By Region 12/20/99
Project Type subdivision
Michael L Pa ker_
Rex (ilea-gnn
County Mecklenburg
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Waters P-7-6 N ?- 13-17-5 r C ?- 30,711. 0.03
26 Stream Q Y ®N r-rrF_F__F__F- F-
F_F__ O Y _0N r_F_I -F__F__F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y O N
Is Mitigation required? O Y 0 N Recommendation: OQ Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 351952 Longitude (ddmmss) 804414
Comments:
Applicant imposes to impact approx. 250 linear feet of stream channel (150 feet intermittent-100
feet perennial) for the purpose of a residential development. The 150 feet of intermittent channel will
be impacted during the construction of a road crossing. No aquatic life was observed in this channel.
therefore, mitigation should not be required. The 100 feet of perennial channel impact is necessary
for the construction of a dam needed for a SW detention pond. There wil be additional channel
flooding _as a result of this retention/detention pond, however, impacts are expected to be temporary.
Avoidance/minimization has been incorporated into the design of this project. Issuance of a 401 is
recommended.
cc: Regional Office
Central Office Page Number 1
y
Mallard Creek,,-...-.
..... Vii'
Church Road
N'.
qyi`
Multi-family Development
Mecklenburg County, PAYMENT
North Carolina RECEIVED
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. Jim Homan
Charter Properties, Inc.
1100 South Tryon Street, Suite 300
Charlotte, NC 28203
1-704-377-4172
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE & NCDWQ
Date : 11/99
H)ti;; 30 '99 12:14IRM CHARTER PROPERTIES P.L2,3
DLX .?D: CORPS ACTIo,r ZD: '
NT+"`ZONtr'ZDE I'ZMC RZQ"ST (PROVIDE NATIONwxVr_ BLItUT #) PRE--CONSTRUCTION NOTIFICATION APP FOR NATIONWIDE PERMITS THAT FZQUxRE:
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Z? AVX%;CATTCN FOR st=ZON 40: CUTSFYCXT;Cs
31 GOORDrNAT=cN WI=C Tl`IS NC Z-VISION OF CQASTj ?..L•
-st= THE ORZG;XAL AND (a.) 'COPY OP THIS CoMPT,ET-LD FORM TC,1 :AE A?:?4gP$TA??
F==i„D DF CI Or Tim GCS.°$ OF ENGZKZ.RS (3=- AGZNC: A0r)XZ55zs SF?e,.?j„ Iti
f7) CQFIZS ScIOC?u BE ;S=?T 'Q THE N.C. 0ZT,7:5lQN OF
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N kA!S: TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : ter ? ? 11?-? Oh i? T
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. -MaACTED OR NEAREST STREALM RIVER: UT ( tl&lkooC. Crerk
RIVER BASIN:
IS PROJECT LOCATED NEAR W;i -TER CLASS----ED AS TRcr-- T--DAL
S
---'? ER
HIGH QUCITY W?--_LRS i""W OliT T_: ;0 r-
.,c J i S ING RES U
v R iNr.TERS (CR.. WATER
S ---? (4vS-_ OR WS---, YE. NO IF YES, -'.?' --N.
_S THE P C,7T_ .T LCCnT-.; ;9__L_N A NOR-----: CAROL
AR-E- OF Eli : -RCNM=::"_'=-L CCNCER*;
-• -- THE DR'-j.. i IS LOCATED W_TF':_N .v,STt"y
OF COP-S AL COUNT-- :S) , W _?T THE VD USE
INA _.'_- ISIOD OF YTS J NO [
COU: _ _ (SEE PAGE = C R
P7 Z\,
8-. ?VE ANY SECTION 404 PERMITS BEEN PREVIOUSLY R=^UESTE --- ON
T. - D :OR
PROPERTY-1 P YES [ J NO 10-1 IF YES, PROVIDE ?_CTION I D `:1?•S'ER OF
--iIOUS PER:`^.I_ AND ANY A--DIT-ON?.7 INFCi.`i?TION (INCLUDE PHOT_CC_ _ 0' 401
CER^I.ICAT10N`.
?1 . ARE ADDITICNA..,., `77-STS EXPECTED FOR T::I_ PROPERTY
:_'T
YES NO 1-7 -S DESCRIBE ?1VTICI P3,-- - J
WORX
9?. ESTIMATED TOT-111_ NUMBER OF ACRES IN TRACT OF LAND: f?mwo-of_. ? Ace
1l
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PRCOEC_' SITE:
D, 2l arc c rc. ,f.??? . I ?.Z'.s•?.??
z
10a. NUM$ER OF CR S OF TLAN S IMPACTED BY THE PROPOSED PROJECT BY:
=P100 W dA#n +6e OW-44
FILLING : Ill ?y?1 Nye
FLOODING:
OTHER:
DRAINAGE : TOTAL ACRES TO BE IMPACTED : 0P;! AW&,., %&
10b . (1) ST RE:=? CH.A-91,q , TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE D ' " jVCE BOTH BE F ORE AND AFTER RZZOCATION)
boo f iywP 1.v dfo%,
L NGTH BEFORE: Moe I ^A ! FT
_
a '
to v
w:DTH BEFORE ,--ased on. nc ;a_ P=C^ water contours) . rig- ?0 f FT
w_-dTH AFTER. ,T
AVERAGE DEPTH. --:ORE: 77 kFT-R:
(2) cm r=_??*•-_- -u?__CTc w_ - T- -m 7RCM CcEC:{ ?_- ?PI'?)

CHANNEL EXCAVA--ON. CONS -RUC-7 ON OF A G:
CT-ER.
11. IF CONSTRUCT-ON OF A POND IS PROPOSt-n, WHAT IS THE SIZE OF _THE
: -
WATERSHED DR:-N-NG TO THE POND?
WHAT IS THE EX-77-CTED POND SUR= AC E AREA
13. PURPOSE C- PROPOSED WORK:
Mt.) 141 Iul L. W<l
c?+
3
12. DESCRIPT-CV OF PROPOSED WORK INCLUD-NG DISCUSSICN OF TYPE OF
MECHANICAL EQU-?i%4ENT TO BE USED (:-TTAC _IANS: ° 1/2" X 11" DRAB-N(33-
CN:.Y) .
_Z YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND W-LDLI' SERV-
'USF_,iS) AND/OR NATIONA=, M_M.RINE FISHERIES SERVICE (NM_FS) SE_ AG E"'NCY
( . C.
.:Dr.ESScS SHEET) REGARDING THE PRESENCE OF ANY FEDER-_LLY LISTED OR
=v.CPCSED FOR _=STING EN RED OR TH:.=__EN='D SPEC-ES OR CR=TTC E'=_T
THE PERMIT AREA TH___ MAY BE AF_ECTEZ BY THE PROPOSED PROJECT DA_ E
ESE AG?:iC-IS (ATTACH R_7SPONSES
_:. YOU ARE REQUIRED TO CONTACT THE ST:_TE HISTORIC PRESERVATION OFFICER
=H: r) (SEE AGENCY ADDRESSES SH _=) RES-RD=NG THE PRZSENCE OF HTS:ORTC
?RCPTRT77S IN THE PER:= ARE' WHICH M.`AFFECTED BY THE PROPCS-D
P 30? ?CT . DATE CONTACTED: -
DOES THE PROJECT INVCi'? E AN EXPE:i-:TrRE OF PTJBLTC FUNDS OR T'HE USE OF
- -? (STATE) LAND?
YES NO .L! (I_ NO, GO TO 1°'
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
SOCUMENT PURSUANT TO THE REQUIREMENTS OF _ NORTH CAROLINA ENV-RONMENTAL
_ .,LTCY ACT?
YES [I NO [
IF YES, HAS THE DCC;JMENT BEEN REV-EWED THROUGH THE NORTH CAROLINA
__?ARTMENT OF ADMIN- T - T:.
_S;R.--?T?ON STA_T:. C_..,= ilVGiiOUSE?
YES [I NO f
TF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENV-RONMENTAZ MANAGEMENT REGARDING
COM?LIANCE WITH THE NORTH CAROLINA ENV=ROiNMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
D.REC-ED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH.
CAROLINA DEPARTMENT OF ADMINISTRATION, _16 WEST JONES STREET, RALEIGH,
NCRTH CAROLINA 27603-2003, TELEPHONE (9:z) 733-6369.
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST RE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
24-PACTS):
_%
Pd01% 30 `99 12: 15Ptl C-HARTER PROPERTIES P,
«3. THE FOLLOWING. ZTEZS SHOULD B1~ INCLUDED WITH THIS APPLICATION .?? .
PROPQ$ED ACTIV TY INVOLVES TFM DISCHARGE OF EXCAVATED OR ZILL M;;.,T LF? '
MTO. WET"IDS
a. WETZA$0 DELINEATION MAP SHOWING, ALL WETLANDS, STREAMS; ; ,'
A14D PONDS ON THE PROPERTY ( FOR. NXT.701MIDE PERMIT. NUMBERS 14, 2'6;
29, X41) 38) . ALL STR£AMS (INTEAMSTTENT AND ?ERMANENT) 0'N THE''?ROp'iATY
I JST BE SHOWN, ON THE. xiAF. .MAP SCALES SROGLD BE I I114CH Z;27 LS SO E' EI OR 1,
L111Cn EQUALS 100 FE-ET OR THEIR EQCITVALZYT-,
'b_ IF AVAILABLE, REPRESENTATIVE PK0TCGRA,?fj OF WETLANDS, TO SE.,.
c. IF 1)r-LLNE_LiION WA's. PERFOPMED 3 A CON.S.UWAr T
c 'nL:'S A ELLVANT To- Tim PLXCZ-M.9NT OF THE D:.LZNFATION a_-1c .
d. ATTACH A COPY OF ViZ STORKWXTE3 2LGZXENT FLAB -, SF RE4UIREv,..
g. WHAA; i5 LAND USE OF
SURROUNLIti'G ?ROQERTY?
., Wr=-- Z3 ?RCPOS'a: :?E':'HOG a% 5Z:7n:Yi DT?PC?r?.i ?
5 5?G;;:? P.tJb GAT?7 AGENT AUTHOR=I:._=CN LETiI?, i. AP??.ICna"'"
NOT WZTZ.*MS, OP • WAT£:ZS OF THE U.S. MAY NOT BE I:wt.PACTET )'RXGR TO,
1) IS.riT,iANCE OF A SECTION.404 CORES OF ENGINEERS .PE;- iMIT,
2) EITIsik T87 ISSUANCE OR WAIVt't OF A 40.1 DIVISION OF
EtiVIrAUNMENTAL MANA(7-.1vMKT (WATER QQA:,ITY) GEaiTIFICA:°Yt7N; AND
3). (zx ' ?z Twz2gzY CcaszAw Co 7'=5 ONLY) , A Z.t. TTER :ACM ; TF ::
NCRT9 CAROLINA. DIVISION OF COASTAI. MAXAGEMENT STATING T'HZ P?1
.ACTIV17't IS CONSISTENT WITH .THE NORTI: CA.FtOLINA, COASTAL MANAG£I,itINT.
PROGi?M . ,
lpyl
V.T ', S S I GNAT RE
g
-(AGENT'S SIGNATURE VALID ONLY
IF A'JTHORIZzLTl0N LET'TEP, FROM
THE OWNER IS pao',r7EED (7 8g,.) )
LEONARD RINDNER PW
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
November 27, 1999
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Annroximate 60 Acr Multi Family Site Mecklenburg C unly, North Carolina - Nationwide
Permit #26 and Nationwide Permit #14
Dear Sirs:
On behalf of my client, Mr. Jim Homan of Charter Properties, Inc., 1 am providing you with the following
information concerning the attached proposed multi-family project for your consideration. The project site is
located in rapidly developing northeast Charlotte, Mecklenburg County, NC. The site is currently zoned for
a mixed-use development. The project has been locally approved through the zoning process. The project
has been planned sensitively to preserve the perennial and intermittent streams and forested buffers to the
extent feasible. There are approximately 1,300 if of important perennial to intermittent streams and
approximately 3001f of unimportant streams. Wetlands were not identified on the site. Approximately 90%
of the jurisdictional streams will not be impacted by the proposed development. Stream and wetland
impacts are primarily confined to only those necessary to implement a temporary detention facility
and to construct a necessary road crossing. All fill material will be unpolluted and appropriate measures
to control sedimentation -and erosion will be employed. Streams which will not be disturbed will be protected
during construction from damage due to construction traffic, drainage and other forms of disturbance.
Background
The site includes intermittent and perennial tributaries of Mallard Creek in the Yadkin Basin - Water
Classification - C). The majority of the site is a moderately to a steeply sloping ridge. Most of the land is in
woodland in secondary succession along drainageways and on steep slopes. Although the current adjacent
land-use is undeveloped, many commercial and residential projects are proposed and under construction in
the area.
Multi-Family Site, Page 3
November 27, 1999
Descri lion
Wetland Hydrology ad Hvdric Soils
Surface water hydrology is provided by a seasonal flooding and saturation associated from seeps, springs,
captured surface runoff, and brief flooding over a clayey subsoil. The riparian areas can be classified as
Palustrine Forested Broad Leaved, Scrub Shrub, Temporarily Flooded (PFOIA). According to Natural
Resource Conservation Service, Technical Guide-Section II-A-2, June 1991, Monacan (Mo) soils are listed
as Map Units with inclusions of Hydric Soils in Mecklenburg County. Approximately 1300 If of the streams
on the site (perennial and intermittent) have been confirmed as having important aquatic value by the
USACE. Characteristics include persistent pools, riffle and. pool complexes (a "special aquatic site"), and
fish in the lower portions, amphibians and macro-invertebrates; evidence of wildlife utilizing the stream; and
rocky, gravelly, and sandy channel substrate.
Ijydroph_ytic Vegetation
Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and Obligate
Vegetation and include black willow, green ash, red maple, sweet gum, alder, silky dogwood, greenbriar,
poison ivy, and others. Herbaceous plants include sedges, needle rush, jewel-weed, and other typical wetland
species.
SUMMARY OF WATERS OF THE U. S.
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology must be identified as described in the manual. The wetlands map has been used for planning and
potential permitting purposes.
The wetlands on this site will be found to have very high function and value in regard to water storage,
pollution removal, bank stabilization, aquatic life resources utilizing Guidance for Rating the Values of
Wetlands in North Carolina. - Fourth Version.
Hydrophytic Vegetation has been identified according to the National Li t of Plant pecieS That Occur in
Wetlands Southeast (Region 2) US Department of the Interior, Fish and Wildlife Service.
SUMMARI OF JURISDICTIONAL WATE S OF U.
Surface Waters -Important Perennial and Intermittent tributaries (± 1,300 If) ± 0.17 ac.
,Surface Waters -Unimportant Perennial and Intermittent tributaries (+ 300 IQ + 0.04 aC
Approximate Total - Waters of the U.S. ± 0.21 ac.
WETLANDS PERMITTING AND MITIGATION
Multi-Family Site, Page 4
November 27, 1999
As depicted on the plans, the layout substantially avoids and minimizes impacts to Jurisdictional Waters of
the Li.S. Except for temporary constn.iction and development impacts, the proposed project should not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S.
SUMMARY OF IMPACTS FROM NWP #2
Dam, Outlet Structure, Grading to important stream ± 1001f ± 0.02 ac.
Temporary Flooding Streams (not permanent inundation- stormwater retention only)
Total - NWP #26 ± 1001f ±0.02 ac.
SUMMARY OFALPA TS FROM NWP#14
Road Crossing - unimportant stream
crayfish, fish, amphibians not present ± 150 If ±0.01 ac.
% Stream Preserved =+ 85%
Minimization and Mitieation
- As depicted on the plans, the streams areas have been carefully incorporated into the layout of the site
thereby preserving nearly all the streams on the site.
- The stream crossing is as perpendicular as feasible to the stream to minimize impacts.
- Except for the functional and necessary wetland and stream crossings the overall plan has been designed to
retain forested buffers along the wetlands and streams. Therefore the streams and wetlands remaining on the
project site will be enhanced by buffers. Best Management Practices will also be employed to minimize
impacts to Jurisdictional Waters. These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage
to wetlands. The contractors will be held responsible for unauthorized wetland damage not
permitted according to plans and specifications. Preconstruction meetings shall be held if necessary
with representatives of the USACE and the NCDWQ.
g) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life, such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
Multi-Family Site, Page 5
November 27, 1999
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.
An evaluation of the site indicated that Schweinitz'c ndlower i not pmgmt in the pr4ject 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.
AQUATIC HABITAT
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Mallard
Creek. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians,
fish, insects, mollusks, and. crustaceans. Therefore strict adherence to an approved erosion and sedimentation
control plan will be maintained during the construction period in order to control degradation of water
quality downstream and protect the areas to be preserved. Short term construction impacts, primarily
stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid. recovery. Project construction will strictly adhere to an approved sedimentation and erosion
control plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic
life such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened. Aquatic resources are
expected to be enhanced through the restoration of wetland areas that flood and pond for longer durations.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved streams will be protected from future impacts by the applicant or by a group designated by
the applicant for this purpose. As required, development of these areas will be deed restricted in accordance
with restrictive covenants, or similar mechanisms as required for approval by the USACE and/or NCDWQ.
CONCLUSION
The approximate 60 acre development is a sensitively designed mixed use development. Based on the value
of the jurisdictional waters, 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
Multi-Family Site, Page 6
November 27, 1999
is to help balance the environmental consequences of this development by preserving and enhancing riparian
habitat and enhancing and the .jurisdictional Waters of the U. S. remaining on the site.
Please contact me if you have any
consideration.
g ely,
eonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
questions or require additional explanation. Thank you for your
cc: Mr. Jim Roman
Charter Properties, Inc.
1100 South Tryon Street, Suite 300
Charlotte, NC 28203
1-704-377-4 / 72
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