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HomeMy WebLinkAbout20000032 Ver 1_COMPLETE FILE_20000111ti w 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 1 • • A 00 NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 16, 2000 Mecklenburg County DWQ Project # 000032 APPROVAL, of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP Mr. Steve Craig Pinnacle Properties, LLC 1300 East 4" Street, Suite 200 Charlotte. North Carolina 28204 Dear Mr. Craig You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 840 ear feet of streams for the purpose of constructing roads at Quail Park residential development at Park and Sharon Roads as you described in your application dated January 10, 2000. 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 Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application for a new certification. 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). 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 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). We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 211.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919- 733-5083 ext. 358 if you have any questions concerning the Wetland Restoration Program. You have one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 840 linear feet of streams in 030834 river and subbasin and 570 linear feet of stream restoration are required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)). 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, Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper Pinnacle Properties, LLC Page Two 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 919-733-9646. in el e . Steven Attachment cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File copy Central Files Ron Ferrell; Wetland Restoration Program Len Rinder- 3714 Spokeshave Lane, Matthews, NC 28105 NORTH CAROLINA-DMSON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, Pinnacle Properties has permission as outline below for the purpose(s) of proposed development of Quail Park site. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM LOCATION Quail Park Development COUNTY: Mecklenburg BASIN/SUBBASIN 030834 As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded to one-quarter acre increments according to 15 2r .0503(b) 570 acres of Class SWL wetlands One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISON OF WATER QUALITY 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Pinnacle Properties, LLC Quail Park Project Number 00 0032 Recvd From APP Samar Bou-ghazale RPX Gleason County Mecklenburg County2 Region Mooresville Received Date 1/11/00 Recvd By Region Project Type road construction (???) Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. BE Y O -NF- 11-137-8 FC F--30,834. 0.10 570.00 320.00 240.00 26 77FT-0- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y O N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny Provided by Region: Latitude (ddmmss) 350743 Longitude (ddmmss) 805055 Comments: The applicant proposes to fill 570 linear feet of stream to prnvidP road across for a residential development, A site investigation on 11/19/99 revealed that the imposed impact will remove a mportant aquatic functions, therefore- mitigation is required. Minimization and avoidance were discussed during the site review However, aive? n the topography and the limited area available for drainage, it may be impractical to avoid imr.,act to the stream. The owner is Koposing to contribute to the Wetlands Restoration Fund to mit'Wte the stream impact. cc: Regional Office Page Number 1 Central Office Facility Name Pinnacle Properties, LLC Quail Park County Mecklenburg Project Number 00 0032 Regional Contact: Samar Bou-ghazale Date: Comments (continued from page 1): cc: Regional Office Page Number 2 Central Office r Quail Park Charlotte, Mecklenburg County 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. Steve R. Craig Pinnacle Properties, LLC 1300 E. Fourth Street, Suite 200 Charlotte, NC 28204 704-377-4510 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant CF?G -;9 3714 Spokeshave Lane Matthews, NC 28105 (704) 846-0461 *Subject to verification by the USACE Date : 1/00 DEM ID: CORPS-ACTION ID: Gl , L?f? NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) PRE-CONSTRUCTION NOTIFICATION App T1 ON 1. OWNERS NAME : T /nne FOR NATIONWIDE. PERMITS THAT, REQUIRE: 1) NOTIFICATION TO =BE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORIfINATION WITH THE NC DIVISION OF COASTAL, PG.NAGE2?NT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT ' (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 2. MAILING ADDRESS: CITY: 0 TTC• STATE: ZIP CODE: 20 210 - 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: 5 ??wd' 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERI PH T HY WITH SCALE): COUNTY: 'N? NEAREST TOWN OR CITY: /O/(•?? f1'*Q-?", .5?? ?x• Zoo SUBDIVISION NAME: c, 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) *ar !nOr /?//lC- &lot o+r E. I'MPACTED OR NEAREST STREAWRIV ER: /' R:VER BAS=N: 7a IS PROJECT LOCATED NEAR WATER CLASS= TIED AS TRCU: TIDAL S:._.v=.TER H:GH QU__=TY W=_=DRS (H- W) , OUTST_? -NG RESOURCE W.,TERS (C:.. , 4vATER S 3 Y (WS-_ CZ WS YE.. J NO Voor'_ IF YES, --JP= ?.=N. IS THE PROJECT LCC=__.__ .9=TzIN A NORTH CAROLIN2_ .._7ISION OF M:--`7 z __: EMENT ART= OF Eli ERCN_?T CONCEPN• (AEC) ? vE_ j r1O 7c. THE PRCJECT IS LCC?--_D w-"..'?-I C-3aSTAL COU:.='_' (SEE PAGE 7; -7 0 _R =S_ 07 COAST-A-:, COUNTIDS) / J _ WHAT IS THE J--ND USE PL: `I ('Up) D--S___, -ON? 8a. HAVE PNY SECTION 404 PEZUITS BEEN PREVIOUSLY R=tiUESTED TOR :"SE ON THIS PROPERTY? YES [ J NO ?IF YES, PROVIDE ACTION I . D. N- BEER OF =_.SV=OUS PEFM.-;. AND ANY ADD_'_ONAL INFORX-ATION (INCLUDE PHOTOCCP_' OF 401 3?. ARE ADD___CNPL PE???I_ RE"=S"_'S EY?ECTED FOR TH_S PROPERTY YES NO YES, DESCRISE ;"NTT_CI?Z._ __ WORK: 9,. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9c. ESTIMATED TOTAL, NUMSER OF ACRES OF WETLANDS LCC=TED ON PRCJEC_ SITE: t ./2- 1;me - tAoAcrS z 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 1 EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 10b. (1) STRE:`? CHPNNEL TO BE IMPACTED BY THE PROPOSED PROJECT (I? RELOCATED, PRCV_DE ?OT BEFORE ?? :.ND AFTER RE OCATION) 3cv_ ? ir» u L LENGTH BE F OR / T pf to /oc p" IA &)e (,M /7 fo*lvk& ' , WZOTH BEFORE cased or, ncr hicn wate_ contours) 0 ?? e WIDTH A_m-ir.R . - AV?R.,AGE DEPTH 3-FCRE : it _ AF 7' F. (2) C^ - .t ('= ]\??•.j_- _Y7=.CT S W7-r FROpf• (C^'Ct'i P_:, OPEN C--HQqNEL .---; - =0•; . P? - _-; r - - I T-= . - ENT oFE - -- - c:.=N?_ ? CHANNEL EXCAV;_--ON: CONSTRUCT-?ON OF A LOOD=VG: C-'-.ER: !I. IF ON O A POND IS P- POSED, WHAT IS THE SIZE 005-?? W "ERSHED DR_?-N-NG TO THE POND? ?-"a5K t 41 wraT IS THE EXPECTED PCND SURFACE AREA? 12. DESCRIPT-rCN OF PROPOSED WORK INCLUD=NG DISCUSSICN OF TYPE 0: MECH_?NICP.L EQUIPMENT TO BE USED (A TTAC"i _LA1NS: ° 1/2" X 1'• DR?.v=NGS CNly) : 13. PURPOSE C_ PROPOSED WORK: 3 14. STATE'REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) : , ??q c 15 . YOUR ARE REQUIRED TO CONTACT. FI9?i 73ND WILD •SER;. (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 [ ] NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [] NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE KITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 1 II . THE FOLLOWING IT.!;PdS SHOQLD $E INCLUDED WITH THwS x'ppZlCAT.TON- 'Yg PROPOSED A?^.TlVTTY TN7OLVEs T.KE DjSr- A C;Z aF EXCAVATGL OR FX-L. MATE:?=AZ M Q WETIANDS; 16! a. WETLAND D"INEATION MAP SHOWING ALL WE:LAgDS. STREAMS, LAkCES AND PONDS ON THE rlRCFZRTY (FOR NATIONWIDE PEeAM?1' NUMBERS 29, AD 5B) Alt STM MS (INTERMITTENT ANN) EEb?S?1NEN'rj ON THE PitokfRfiX ' a 8E 5HOWN (?N THE MAP. mkl, SCALES SFdOULD BE I T_NTH EQUAL °, 5'0 EEE'T (1k 1 n?CM EQUALS 100 ST ET OR THEIR EQUIVALENT. b. iF Ava-TLALBLE!, REPRESENTATIVE pHoToaRApjj or WETLANDS TO. BE . T.MPACTED BY PTiUJECT . Qq • IF DELINEATION wAS PtAiO p BY A CONSCLTANT, INCLUT)E ?L ?AT1 SHUTS RES,$V&vT TO THE PLACEMENT OF THE D=INF.ATZON :.TNE. ?'• ATTACH A COPY OF TIDE STORMWATER MANAG£A2EN? P .F.N ZF .F?F=QLTIRED'. e- WFLAT TS 'LA24D USE Or SURROUNDING; PROPERTY? IF .PPLlcRal,L, WHAT IS PROPOSE MET OD Or sr WXGE DISp05P:L? ??r ,. 9.- SIGh7ED A M DATED 'AGEr?.T AUTHORIZATION LF TTEFt, APPLiCAB`LE,..- .. NOM WSTT,?,?- Z;?E CSR W..?iTER5 Oe Z'HE 'J.S. M.?tY 270?' BE IMPACTED 0PZ •TO:; r . I ) ISSUANCE OF A SECTION a 04 CORPS OF ENGINEERS PENT , 2) EITHER Ti3E TSSUANC£ C0fi WAZIVTA OF A, 401 ?ZS?023' OF ENVIVNME14TAL MANAGENENT (WATER QUALITY) C£RTTF7CATl0N, AND. f zN 72a: T Z-JfTY CQAST .L CGDNT.IES OlM NOIxTFi C.AFLflLZt4•A AIVISxON aF OQp.,S +x, ? . A, -„ETTE1: MOM' CEMENT STATING THE • PROPIOtrun: ,ArCTrVITy IS CONSISTENT WITH THE WORT' C-AROLZNA COASTAL M.A??c?±?ri PFtOGkZAM , • OWNER' S/AGENT'S ' S I,? A RE (AGENT'S 5 Z GNATUPLE W.LI D ONLY IF AUMRI Z.ATION LETTER FROM TIE OWNER IS c'P.C:VTDEE (18g.) ) 5 LEONARD S. RINDNER. PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 846-0461 Fax (704) 847-0185 January 5, 2000 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. Samar Bou-Ghazale NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Quail Park Subdivision - + 9 Acre Charlotte-, North Carolina - Nationwide Permit #26 Dear Sirs: On behalf of my client, Mr. Steve Craig of Pinnacle Properties, LLC, I am requesting confirmation of eligibility to fill ±570 If of intermittent to perennial stream channel and 250 if of minor intermittent channel. Approximately 320 If was determined to have important aquatic function based on USACE verification on 10/27/99. An additional 240 if was found to meet the NCDWQ's criteria for a stream channel that would require mitigation if impacted, per a meeting with Mr. Samar Bou-Ghazale on 11/19/99. The stream ends at the property. Due to the potential for flooding the local review agencies have requested that stormdrainage tie in directly to the existing system downstream of this site. Both the 1S A E oe an acceptame mitganon proposal for the unavoinaule impacts. Background This project site is located within a mostly developed area of Charlotte. Current land use in the vicinity are primarily existing single family developments. There are approximately 0.11 acres of jurisdictional surface waters and wetlands on the project site. SUMMARY OF WATERS OF THE U. S. Methodology Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA Soil Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to make a positive wetland determination indicators of hydropbytic vegetation, hydric soil, and wetland hydrology were be identified as described in the manual. Mr. Steve Chapin - USAGE, Mr. John Dorney January 5, 2000, Page 2 General Wetland Clasgircatio and Description The wetlands on this site can be describe as Palustrine Forested Broad - Scrub/Shrub Temporarily Flooded and Seasonally Flooded. The site is within a drainage area of unnamed headwater tributaries of Little Sugar/Briar Creek (Water Classification - Q. Vegetation The forested headwater wetland areas and riparian areas are dominated by Facultative Wet and Facultative species. Trees include green ash, alder, red maple, sweetgum, and sycamore. Understory and herbaceous strata includes silky dogwood, alder, spicebush, smilax, microstegium, sedges, soft rush, poison ivy, and overgrowth. Where the soils are more saturated Obligate species such as black willow are present. Fjvdric dS The site includes Monacan (Mo) soils. These soils are map units which may have inclusions of hydric soils according to the Natural Resource Conservation Service, Technical Guide-Section II-A-2, June 1991.. $ dr•Ql The wetland areas on this site are the result of a surface runoff, a high seasonal water table, and stormwater discharges. Surface Waters Perennial/ Intermittent Streams (±520 If-important/USACE) ± 0.07 ac. Intermittent to Perennial (±250 If - important/NCDWQ) ± 0.03 ac. Unimportant Minor Channel (± 240 If) ± 0.01 ac. Wetlands ± 0.01 ac. Approximate Total - Waters of the U.S. ± 0.12 ac. irface Waters Perennial/ Intermittent Streams (±350 If-important/USACE) ± 0.06 ac. Intermittent to Perennial (±250 If - important/NCDWQ) ± 0.03 ac. Unimportant Minor Channel (± 240 If) ± 0.01 ac. etlands ± 0.01 ac. )proximate Total - Waters of the U.S. +0.11 ac. WETLANDS PERMITTING AND MITIGATION Avoidance. Minimi .Ation and Mitigation Due to the economic, engineering, safety, and spatial requirements of the development, large contiguous areas must be graded for roads, building pads. Mr. Steve Chapin - USACE, Mr. John Dorney January 5, 2000, Page 2 A mitigation plan is proposed for a "no net loss" of wetland and stream habitat, value, and function to thel extent feasible on this site. Unavoi?dablQ impact.a_to-streams_bv_sraditm-ac?r_oposed to be mitigated by Program. To meet restoration mitigation requirements for stream impacts by grading, the developer is proposing to pay $71,250 to the North Carolina Wetland Restoration Program (570 if X $125/ If) to mitigate for stream impacts. 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 Schweinitz's sunflower (Helianthus schweinitzii) and the Carolina heelsplitter (Mecklenburg County). Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings. Based on a site reconnaissance, habitat conducive to support Schweinitz's sunflower is not present in the project area. The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is does not occur on this site. CONCLUSION The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this development by providing funds for the restoration of streams in North Carolina and the creation a beneficial aquatic resources. Please contact me if you have any questions or require additional explanation. Thank you for your consideration. Sincer onard S. Rindner, PWS Environmental Planning Consultant Profession Wetland Scientist cc: Mr. Steve R Craig Pinnacle Properties, LLC 1300 E. Fourth Street, Suite 200 Charlotte, NC 28204 ?w. r- ? n n r? ? ? ^ >) .... . . . . . . . nk" 7, 4 t1 Ah .... . ..... I NO 'Alp A No pt 'Wis lvtvq ,f b 1• ? 1 41 ?I ?? •,l r 1 1 f I I?? ?; 1', ri' ;1 f ? !! 1 t I O E I is I \ C 1` tr i i Ri++ O .. COD .ry m ./ try 1 f F•7?f `5t i ? , P 4 k ? tf ?. SA 5, ? i i • 1 ? ._.. •A f f^^ u 1 "= 200' F SITE PLAN S ._---?? VjsIfO N EXISTING CULVERTS STREAM EVALUATED BY USACE 10/27/99 STREAM EVALUATED BY NCDENR////ll -DWQ 11 /19/99 BY SAMAR BOU-GHAZALE BEGIN MITIGATABLE STREAM PROPOSED CONNECTOR ROAD F 1 ? ? ?,?? It ? ? , • ,r 1 1 \,\.: ! ? t , •` ?;',? I i \ \4 IN, l e C Fi F f t l ?'' s{ t `° i i \,t ? -- : f.: I ! 1 ? O. 1 / tb ` PEM ?% i Jf ` `V 11 I i i NAM" ?? `3 i 1 14 rI ! ! _. i`<' ? ys , y, , ... '., t\.. .' wry. • ., ` '? 1 ? t; ? t 5 , . . ......._.... .r _. _........... ............... ?i rt+? r? WETLAND DELINEATION > J ' / .