20000087 Ver 1_COMPLETE FILE_20000202

r , ,
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Kerr T. Stevens, DirectorW A 1 0 •
Bill Holman, Secretary
AA ?jn
NOON
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 27, 2000
Mecklenburg County
DWQ Project # 000087
Jim Praecht
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Pulte Home Corp
7422 Carmel Executive Park
Charlotte, NC 28226
Dear Mr. Praecht
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.79 acres of wetlands and 795 linear feet of streams for the purpose of constructing a
residential/commercial development at Mallard Creek Church Road site in Mecklenburg County, as you described
in your application dated February 2, 2000. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Numbers 3127, 3103 and 3108. These certifications allow you to
use Nationwide Permit Numbers 3, 14 and 26when the Corps of Engineers issues them. In addition, you should get
any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application 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 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).
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 Stormwater Best Management Practices
Manual. Also, before any permanent building is occupied at the subject site, the stormwater
management facilities, as approved by this Office, must be constructed and operational, and the
stormwater plan, as approved by this Office, shall be implemented.
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 2H
.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,
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
this Certification authorizes the fill of 795 feet of streams, in 030711 river and subbasin and 202 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, 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.
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Ron Ferrell; Wetland Restoration Program
Todd St. John
Len Rinder
S' c rely
Ste
I

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERIVIITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H.0500, Pulte Home Corp has permission as outline below for the
purpose(s) of proposed residential/commercial developmentAll 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 Mallard Creek Church Road site
COUNTY: Mecklenburg
BASIN/SUBBASIN 030711
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)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
220 linear feet of stream channel
(other)
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
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Date
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
im - TI.iy\1 Toe- 6? H
ITk?WAA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
M",;?G ?000
MpQ ,
County
DWQ jest # 604D
P ?
APPROVAL of 401 Water Quality Certificati a d ADDITIONAL CONDITIONS, WRP SJ`^'
Dear Mr. ?-
o ?g
You have o r approval, in it ordance with the atta"t e conditt ns and those liste below, to place fi
matcri; I in acres of wetlands and ? linear feet ore ms I the purpose of at
in .?? County, as you described in your application da ed 2000. After reviewing your
application, w have decided that this fill is covered by General ater Quality Certification Numbe n n
1'hi3 ertificationfalloNg you to use Nationwide Permit Numbers when the Corps of Engineers issues
addition, you should get any other federal, state or local permits before you go ahead with your project including 5?.
(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
ly-?
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 Iutut'C exceed one acre, compensatory mitigation may be required as described in 15A NCAC
211 .0506 (h). 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 remainingjurisdictional 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).
2. An additional condition is that a final, written stormwater management plan shall he approved by this
Office hefore the impacts specified in this Certification occur. The stormwater management plan
must include plans and specifications for stormwater management facilities designed to remove 851%
TSS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. Also, before any permanent building is occupied at the subject site, the stormwater
management facilities, as approved by this Office, must he constructed and operational, and the
stormwater plan, as approved by this Office, shall be implemented.
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 he 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,
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
195- 0-011 i
this Certification aut ?rizes the till of? ac mtd------twres 4 non-
ripat, t-wetiantis or /////r_ feet of streams, in river and subbasin es r
and o ),,?-linear feel 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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions arc 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.
11 you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Kerr T. Stevens
Attachment A \ N)
ml?w
cc: Corps of Engineers Field Office
f4 xA_ DWQ Regional Office
File copy
Central Files
Ron Ferrell; Wetland Restoration Program
Todd St. John

Q
NORTH CAROLINA-DIVIS OF WR'I'ER QUALITY
101 WATER QUALI CERTIFICATION
SUMMARY OF PERMITTED IMP SAND MITIGATION REQUIREMENTS
In acc rdance with 15A NCAC 2 H.0500, has permission as outline below for the purposes)
of proposed . 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
WITI IOUT THE ATTACHMENTS.
COMPENSA'T'ORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION M' Ld CAAhh
COUNTY:
BASIN/SUBBASIN () 30 "? 1
As required by 15A NCAC 21-1 .0506, and the conditions of this certification, you are required to compensate
liar 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 he rounded
to one-quarter acre increments according to 15 2r .0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is throw gh 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
[phone]
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Pulte Home Corporation Mallard Creek Church
Project Number 00 0087
County Mecklenburg
County2
Recvd From APP Region _
Received Date 2/2/00 Recvd By Region
Project Type mixed use commercial
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F 14 BLHO Y O N ? 13-17-5 F C ?- 30,711. 1.01 ?-
26 Stream P T-0 N I - I F-F-F-F- 795.00
Mitigation Wetland
MitigationType Type Acres Feet
Wetland create BLH 0.92 F-
Stream WRP F- 220.00
F_ F_
Stream preserve Stream ?- r
Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? QQ Y O N
Is Mitigation required? QQ Y O N Recommendation: 0 Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 352029 Longitude (ddmmss) 804502
Comments:
Aw icant proposes to impact approx 800 linear feet of perennial stream channel and 0.69 acres of
BLH wetlands under NW Permit No. 26 and 145 linear feet of perennial channel under NW Permit 14
dUrjng the construction of a mixers use residential and commercial development. This site had been
previously been permitted by the nivision, however, the previous 401 has expired and the site la
redrawn In the revised site plan, the applicant appears to have used considerably more
minimization and avoidance of wetlands and stream channels _(sianifi?cantly less channel and wetland
jmnacts are proposed in the revised plan)_ Mitigation in the form of buffer preservation (for those
channels where impacts are less than 150 1 .1 as well as payment into the WRP (for channels
where the impacts exceed 150 feet) are proposed. It was noted. however, that the wetland mitigation
areas plQnosed along the southernmost channel appear very clT ose to proposed residential and
commercial structures
cc: Regional Office
Central Office Page Number 1
Facility Name Pulte Home Corporation Mallard Creek Church
Project Number 00 0087
Comments (continued from page 1):
County Mecklenburg
Regional Contact: Michael L Parker
Date:
cc: Regional Office
Central Office Page Number 2

PNYMNI
RECEIVED
Mallard Creek
Church Road
Mixed Use Development
Charlotte, Mecklenburg County,
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:
Pulte Home Corporation
7422 Carmel Executive Park, Suite 300
Charlotte, NC 28226,'
1-704-543-4922
Prepared 13y:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
Turnbull Design Group, PA.
Landscape Architecture - Land Planning
2108 South Boulevard, Suite 100
Charlotte, N.C. 28203
[phone]
*Subject to verification by the USACE & NCDWQ
Date : 1/00
k
M
r

DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) : ?'? ??j/! •
PRE-CONSTRUCTION NOTIFICATION APPLICATYON
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TEM CORES OF ENGINEERS
2) APPLICATION FOR SECTION 401 CrRTIFICATION
3) COORDINATION WITS Mm NC DIVISION OF COASTAL MaANAG Nl
SMM TI. ORIGINAL AND (1) COPY OF THIS COM?LETED FORM TO THE APPROPRIATE
r--•Z OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET) . SEVEN
(7)?COPIES SHOULD BE SENT _TO THE N.C. DIVISION OF FWIRONMENTAL MrMN-ZGEMENT
P_DCRESSES S"HE,r- PLEA5E PRINT.

/_/V m e- COf-pvr?.77o.I
=?=---ING ADD-.ESS. 742,2
C. - - • _? //1Qr?o CTS,,
SU3?I'T=SIGN NA?m?.
ZIP CODE. 21? 2u
:?C? ECT LOCATION ADDR.=.. INCLUDING 5li3DI'iISION N v?= rC D - FFEREN- -F„u
?'1Gc l la/d? ?.eer 6c_ _ vrc,G• ??t cP - ?`''i >cc?° us" ?,,•c /? r'7't
3. TE:EPHONF N 'FIBER . (HCNiE) Q
(WO? K) ZZ
a 4 . 77 :PPLICA.,_ AGE,\ ' Zf.
P HCNI NLMIBER: - S N` OR RESPONSI3LE CORPCF TE OFF'[CIA:,
_DRr'??SS,
• _ ?_j l n-rn
e
eA' 40Ver
5. LOCATIO
PZA.L N OF WORK. (?ROVIDE A MAP PRE:ItiASLY A COPY OF USGS P
Aa?-? OR AE ?:iOT GR.n?vv W7-L; SCALE) TCrnGRA H_rC
COUNTY: - •- - :
NEAREST TOWN OR CITY: 40k-/ ° 7 ?'..

1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) :
G-OCA470-,v ap
24PACTED OR NEAREST ,STREIP-WR=VER.
/ate C;- e ?- 1-
a. .S PROJECT LOCATED NE'7-R WATER CLASS= ==CD AS TRCU_ TIDAL S---
-r , "'IGr7 QU=_lY W?RS (-rY'Wd) 0UTST_G RESOURCE W;.TERS (G= :vATER
(WS-_ C= WS YE ; NO I.. YES - -PL-.EN
IS THE PRC??CT LCCA TE- Wv =..IN A NORTH.. CAROLINA iIS OF _ _ _
--- OF EJ- =RONME:;_ ._ CONC[.:?d (.-EC) ? YE? ] r10 [
-- PRCJE _T IS LCCITED w_T?:_N CCAS^ _ c0u:-_*l; (S r - -
---- 0 CO -,- COUNT_=ES) , ri'r-_- T::E^-?VD USF P=: _`i (,JP) DSS---,=---ON'?
-7-VE- A NZ SECTION cG? ? T SEEN P „EVIOUSLY R=tiUESTEO FOR `I ON
PROPERTY? YES [? NC f W I F `_'^C, PROVID= ?CTION ID 1:'?f, R OF
R; P EV_CUS PER-^--=I AND A2 Y ADD-"=0N1 -7 NFCTI0N (Ii CLU E 2H0T000- --
0 L'
cERTIFICATICN). /ss -??.-Y,xn ?r?_oC_/Rq ceo4-zo ?1
c-. AKE ADDI_=C.:i _E?, ?IC _ .,EQU7STS EYP_CTED FOR TH. PROP R G ?De?rnr )
YES ;y/ N0 IF J I_; J
"S, DESCR_SE ?1?1TICI?- _77, - WORK
/rrri
Z2; t"?
Pte. ESTIM_ATED TOTAL NUMBER CF ACRES IN TRACT OF LAN-:
'err
5c. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PRC,EC_ SITE:
?7 acf.Z?_ c/?isd i cn-?? D?.S" -3.1-q

10a. NUMBER OF ACRES OF WE;LANDS IMPACTED BY THE PROPOSED PROJECT BY:
.2.2 rc.-L ?,o?d G„Q Friro Nvvp s(e
FILLING: • 11?0 CACIU WC-N41-dS ^A ?9#*kON:
*0t a.C/is sf?'cc. c ?+•.?ls $rw p. ac,-es wa-J?l rds
.02. a 53 p?tS /?! V,/p ? cid 6h-can-? c?.ay,.,? 1 #f /t0, iL aor* po^4
FLOODING: Z-C1 OTHER: acres CfiGOeX-115
-per ?Crit NwP+fu?sfrew•r,s)
DRAINAGE : TOTAL ACRES TO BE IMPACTED : -.3` 47,9gf /V A-fp !d- 2,(Q
-E .OZ Nw?P ?1 /-t
10b. (1) STRE114 CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (I-
R:DOCATED, FR--V--,DE vF - %oY c?B .Or E "?VD AFTER RELOCATION)
.
LE:IG'"H BE F ORE° . b -/4wP /cp ?,,/xtT-1- t dam ob
y _ :'- _z TER : FT
h T W ^ $-l?o ?d/n5 C'pc a odce0 Gl.- t (o /
- DH BEFORE '--ase'b on Wate: contours): w=IT?i AF TE= . h _ p? ??loodcd? --T
_L
Q I'-3' ?. o
A'VER,GE DEPTH =E^CP _ P_:T=:?. 0 ( ,\
/ ^^+
c.T[ fD/2dc V
CPD:1 Cn34-NNE1 CF -
C z-NNEy EXC VZ ---ON :
0THER:
CONSTRUCTION OF A D:_?; FLOODING:
IF CONSTRUCTION OF A POND IS PROPOS=?., WHAT IS THE SIZE OF T
W?_TERSHED DR:_INING TO THE POND? t /o o
G? Gr'G s r
WFA-- IS THE EK -7c,=,D ?CND Still=ACE AREA.' t Z- 0LU'..t-S
1.. DESCRIP^_ION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE O:
MECHANICAL EQUI=?'?ENT TO BE USED (=-TTAC 2 1A1'?S: ° `/, 11" DR?-,7:NG3
CN=Y) -
J-nf r, -? &(- /y
i clk. ten-, c, <-?, nr y?
?j f gym, ?r rJ
13. PURPOSE Cr PROPCSED WORK:

3
I4. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE Cn.F.RIED
CUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
PACTS) :
?e /Yf /n /N'I/ ? d?'1 h-j 7/1r7 ? `??/ /.e-?, ?-d- j?
?4tp? C?d SS /n S G%nOC G+?{.vGfU?i'yt ?rYul -f2?? !' 77 S
47 C4 s r? ?'dnQ5-? -Fy? ?? C, IC
YOU ARE RmQUIREJ TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
"-S=ri-S) AND/OR Nr.TION M_"-_RINE FISHER=ES SERVICE (NMFS) (S AGENCY
"-"TRESSES SHE.:,"') REG?_--DDT_NG THE PRES :NCI Y DDE AE LY
--EPOS D P LISTED CR
FOR ? _=ST LNG ENDPVCERED OR T:...=__I:+ED SPECIIS OR CRI^'I' ==_3.7^-_T
-`Tom7- PERMIT AREA T` -` rn M'Z - Tl V .__
BE AF _DCTE: ?'r THE PRGFCSED PRCJECT D:_^'
`=:M THESE .=_G=:1 -LS. /? (ATTACH RESPONSES
--• YOU ARE REQU=Rc? TO CONTACT THE HISTORIC P
__ __ _ PRESERVATION CF_'ICER
`C) (SEE A'S NCY AZ)D ,7Sz-z SHEET) .....__RE-:R:-NG THE
E PRESENCE CF- 'r:=S_ORIC
_ _.?r_RTIES IN T iE PER_`?'T A .EA W'r_IC M'__ D . AF ? ECTED BY THE PRCPCS-7:)
RCS :T. DATE CONTA
7- C T D
1-. DOES THE PROJEC_ _WCLVE AN E;{PSNI_T*; ?F OF PUB IC FUNDS OR "_'HE USE OF
_--_,: (STATE) LAIND?
YES [; NO (I_ NO, GO TO 1°'
M
a. IF YES, DOES -THE PROJECT REQUIRE PREPARATICN OF AN ENVIRON'MENT_AL "
:C-=Y-ENT PURSU:ANT TO THE REQUIREMENTS C- THE NORTH CAROLINA ENVIRONMENTAL
PCLICY ACT?
YES NO [
IF YES, FA S THE DCC "TENT BEEN _.EVIEWED THROUGH THE NORTH CA-ROLINA
-- :RTMENT OF ADMINISTRA-- N STATE CLE?R:-NGHOUSE?
YES [' NC []
IF ANSWER TO I7b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
S=ATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
CCMPL LANCE WIT!i THE NORTH C_.ROLINA ENV=RONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
D=RECTED TO MS. CHR'_'S BAG=TT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CP_ROLINy 27603-2003, TELEPHONE (9--z) 733-6369.
4
1-26-2,00 4 : 41 Pm FROM PULTE CHARLOTTE 704 54 ; bG / 1
P. 1
19. THE P014OWTNG ITEMS SHOULD BE INCLUDED W7TH THIT:S %ppLICATIOtt: I-r; .
PP.OPOSED ACTIVITY 1-1Vf0LVE5 VHZ .DISCHARGE OF EXCAVATED US;, FILL i4x' nkL
,ZNTO WETLA1403
e. W;~x ND D£I,INT.XTION bEALP, SHOWING ALL WETLP Ds, S i'rz?.gMS; mss,
AND PONDS ON THE PROPERTY (FOR N,A,TIOMDE PERMTT NrMDEKS 14,
251 AND . Is) . ALL S T Rs aMS (INTEbl XTTEN: AND MIdA T) C,N THZ ?aoPZVTY
mw, RE SHOW ON T. ?E M-7aP. MAP SCALES smou •19 BE 1 TNCH zaUAT.,S 5.t0 •, P'O'ET: OR I
Z.iCi EQUALS 10Q FEET OR
THE:R 'EQQIVPEN?'.
,b. IF AVAILABLE, REPRESENTATIVE PR070GRAPA OP" SM2a.,A'rDS TO. Zt%
T? ?ACTED i~': P=(aitC.T .
«F DE,%=N -%T =CN WAS PERFOFED 8•: A C0N:5ZTtT%17T, ?. CL UFO ', ;; , Is Z??1 •;
5' 7P+'= S R-EI.EVAN w TO T>~ E PLAC:MMENT OF THE D_LTYEAT? CHAT r 1 ` w
d . ATTACH A COP'; CF TXZ STORMWF."_ Z:-: G£Mw:7? PLC r.; :r mu x p z
t. WFiAr TS ,,r-K*C DSF, of SUAROUNDING 2ROPERTY %
.. _ T
/ / ° • r ^ , 0 ti:. rJr;ti^ a PRCPOwE _ ?T3iCJL C'I;o
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_ AUTHORIZATION ETTER FROM

5
LEONARD RINDN & PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning [phone]
January 27, 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. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Mallard Creek Church Road Property ± 147 Acre Site, Char
Carolina - Nationwide Permit #26. #14. #3
Dear Sirs:
On behalf of my clients, Mr. Jim Praechtl of Pulte Home Corporation, I am providing you with the following
information concerning the proposed mixed use development for your consideration. The project site is
located on approximately 147 acres in rapidly developing northeast Mecklenburg County, in the vicinity of
the University of North Carolina at Charlotte and University Research Park. Current land use in the vicinity
consist of single family; agricultural land; developing commercial and multi-family sites; and research park
developments, There are approximately 5.7 acres of jurisdictional surface waters, including over 7200 linear
feet of stream channel. In order to balance the site's economic viability with its environmental value and
permitability, the developer has minimized impacts to streams and wetland and has proposed stream and
wetland mitigation as required for unavoidable impacts. Previously issued projects have expired. The
impacts proposed in the previous authorization would not be eligible for the Nationwide Permits under the
current regulations. This proposal, significantly reduces impacts to stream and wetlands from the previous
authorization. Approximately 90% of the jurisdictional streams will not be impacted by the proposed
development. This proposal reduces stream impacts by over 6400 linear feet from the previous issued
permit. Unavoidable impacts to streams and wetlands will he raitjgAted as required. The preserved and
created wetlands and streams will be protected by restrictive covenants, deed restrictions, or similar
mechanisms as required. The hydrology to the existing wetlands and streams will be maintained and
enhanced py utilizing the stormdrainage system which will increase their water storage, pollution removal,
bank stabilization, and aquatic life value. A Stormwater Management Plan will also be implemented for
portions of the project that consist of Commercial, Office, Corporate, and Business land uses. Stormwater
management facilities will include stormwater ponds, and/or pocket wetlands and/or extended stormwater
wetlands.
The following sections present the results of the environmental planning and regulatory reviews of the
project site and a description of the impacts and proposed minimization and mitigation measures. The
undisturbed wetland areas and the mitigation sites will be preserved by the applicant or by a group
designated by the owner for this purpose.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 2, January 27, 2000
SUMMARY OF WATERS OF THE U. S.
METHODOLOGY
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology must be identified as described in the manual. Typical observation plots were located along
transects perpendicular to the drainageway direction to observe and record potential indicators. This
information was then recorded on Data Form - 1 which indicates specific information about the typical plot.
The upper boundary was assumed to occur between the non-wetland and wetland plots. Due to the
complexity of this site numerous additional test plots and borings were conducted when necessary to
increase the accuracy of the delineation. Once the wetland / non-wetland determination was made the
characteristics at that point were utilized to determine the wetland boundary between transects and
additional test plots through visual observation. The wetland boundary was marked in the field by Leonard
S. Rindner, Environmental Planning Consultant, and was reviewed, field adjusted, and verified by the
USACE (Steve Lund) on February 29, 1996. The approved wetland boundary is marked in the field with
blue and yellow flagging. This delineation between upland and wetland was then surveyed by a registered
surveyor (ESP Associates, P.A.) to determine the actual wetland extents for submittal to the USACE for
confirmation, planning, and potential permitting purposes.
Q-Qural Wetland l uL inn
Area "A" - 0.08 acres PFOIA (Palustrine Forested Broad Leaved. Deciduous Temporarily Flooded)
Area "B" - 0.46 acres PSS I C (Palustrine Scrub Shrub Broad Leaved Seasonally Flooded Saturated)
Area "C" - 0.25 acres PFOIA
Area "D"- 0.20 acres PSSIC
Area "E" - 0.07 acres PSS 1 C
Area "F" - 0.32 acres PEMIF (Palustrine Emergerit Persistent Seasonally Flooded Saturated)
Area "G" - 0.21 acres --PSS I A (Palustrine Scrub Shrub Broad Leaved Temporarily Flooded)
Area "H" - 0.03 acres PSS1A
Area "J" - 0.39 acres PSS1A
Area "K" - 0.36 acres PSSIA
Area "L" - 1.27 acres PFOIA
Area "M" - 0.05 acres PFO 1 A
Area "N" - 0.22 acres PUBFIh (Palustrine Unconsolidated Bottom Permanently Impounded)
Area "O" - 0.02 acres PFO I A
Area "P" - 0.30 acres PFOIA
Area "Q" - 0.02 acres PFOIA
Area "R" - 0.19 acres PFOIA
Area "S" - 0.16 acres PUBHh
100- 13 8 - 0.11 acres POI A
Total - 5.70 acres
The wetland areas are in various stages of succession ranging from emergent, scrub/shrub, to mature
bottomland hardwood forest. The wetlands have formed in perched water table conditions, in flat to nearly
level areas, along intermittent tributaries, and depressions over an extremely dense clayey subsoil layer often
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 3, January 27, 2000
associated with inclusions in Helena and Iredell soils. These soils may have inclusions of hydric soils
according to the Natural Resource Conservation Service, Technical Guide-Section I1-A-2, June 1991. A
depression swamp and hardpan forest areas was also identified on the site. These wetlands are considered
valuable for water quality and habitat, especially for amphibians.
Surface drainage on the site is generally in an easterly direction to tributaries of Stony Creek and Mallard
Creek. The hydrological features include man-made impoundments and intermittent to. perennial tributaries
of varied widths and depths and adjacent wetlands. Mallard Creek eventually flows to the Rocky River. It is
in the Yadkin-Pee Dee River Basin. The Water Classification is "C" : aquatic life propagation and survival,
fishing, wildlife, secondary recreation, and agriculture. All the surface waters and wetlands on this site are
above the headwaters line.
The extent of the Jurisdictional Waters were determined. in the field. following the Routine On-Site
Determination Method as defined according to the 1987 Corps of Engineers Wetland delineation Manual
and. verified by the U.S. Army Corps of Engineers. The extent of the Jurisdictional Waters of the US on this
147 Acre site is 5.70 Acres.
Wetlands
± 3.80 Acres
Surface Waters + 1 90 Acres
Total Jurisdictional Waters of the US 5.70 Acres
A = 0.08 Acres
B= 0.46 Acres
C= 0.25 Acres
D= 0.20 Acres
E= 0.07 Acres
F= 0.32 Acres
G= 021 Acres
H= 0.03 Acres
J= 0.39 Acres
K= 0.36 Acres
L= 1.27 Acres
M= 0.05 Acres
N= 0.22 Acres
0= 0.02 Acres
P= 0.30 Acres
Q= 0.02 Acres
R= 0.19 Acres
S= 0.16 Acres
T= 0.99 Acres
100 - 1.38= 0 11 Arrrc
Total= 5.70 Acres
Mr. Steve Chapin - USAGE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 4, January 27, 2000
Vegetation
A majority of the site is in various stages of old field succession from formerly farmed areas. The wetland
areas are generally forested or in scrub/shrub vegetation.
Bottomland Hardwood/Headwater Forest
The Bottomland Hardwood and Headwater Forests on this site have developed in the flat to nearly level
drainageways and depressions. Species which occur in these areas include willow oak (dominant species),
green ash, sweetgum, red maple, sweetgum, and other typical species that tolerate these wet and shallow
root conditions. Common understory trees and shrubs include black willow, silky dogwood, and alder.
Woody vines include poison ivy, honeysuckle, and greenbriar. The herbaceous layer is variable based on
exposure to light. Species include sedge and rush species, jewelweed, and others.
Open Meld
This includes all non-wetland areas dominated by grounsell tree, pasture grasses and perennial herbs
including broomsedge, goldenrod, and bush clover. Other areas have been undisturbed for longer and are in
transition to dominant species such as blackberry, greenbriar, redcedar, pines, and saplings.
Mixed Forest
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is characterized
by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas may have a
predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly pine, with
eastern redcedar. Hardwoods include sweetgum, red maple, beech, red oak, white oak, tulip poplar, hickory,
and other common species. The subcanopy contains saplings and. seedlings of canopy species. Pines are not
usually found in these areas because of the low light conditions. Other subcanopy species include black
cherry, American holly, dogwood, elm, and privet. Woody vines common in the understory include poison
ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
n Hydrophytic Vegetation has been identified according to the National List of Plant Snecies That C?ccur in
M Wetlands Southeast (Region 2) -U5 Department of the Interior, Fish and Wildlife Service.
ALMMARY OF JURISDICMV-VAL WAT Rs nF ruF r? ?Surface Waters Streams with important aquatic function +1.00 acres
(± 7280 If)
Ponds
-x-1.21 acres
Wetlands PFOIA, PEM1C ±3.49 acres
Hpproximate total - Waters of the IJ.S. ±5.70 acres
Over 90% of the important jurisdictional streams will not be impacted by the proposed development.
Impacts to important streams are the minimized to necessary stream crossings. 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.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 5, January 27, 2000
Large linear sections of stream will be preserved and remain undisturbed. Unavoidable impacts to stream
to make road crossings will be mi?tiga at a minimum 1:1 ratio utilizing the North Carolina Wetland
Restoration Program as required. Riparian stream buffers have been provided to the extent feasible, as
depicted on the plans. A Stormwater Management Plan will also be implemented for portions of the project
that consist of Commercial, Office, Corporate, and Business land uses. Stormwater management facilities
will include stormwater ponds, and/or extended stormwater wetlands.
WETLANDS PERMITTING AND MITIGATION
Preliminary planning for the overall 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.
Avoidance Minimisation and Mitiga ion
Due to the economic, engineering, and spatial requirements of a development of this magnitude, large
contiguous areas must be graded for building pads and parking. However the following avoidance and
minimization efforts and Best Management Practices will be employed to minimize impacts to Jurisdictional
Waters. These will include:
a) Barricades to define construction limits to sensitive sites and to protect trees
b) Preconstruction meetings
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.
e) 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
n 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. --
f) 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 IMPACTS
Nationwide Permit #26
Surface Waters Streams with important aquatic function w/NWP 426 ±0.02 acres
(± 150 dams and road crossings.
Streams with important aquatic function w/NWP #26 ±0.06 acres
(± 500 If) - by flooding.
Pond and Fringe ±0.22 acres
Wetlands PSSIA, PEMIC, PFOIA ±0.69 acres
Approximate Total - NWP #26 ±0.99 acres
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 6, January 27, 2000
Nationwide Permit #14
Surface Waters Streams with important aquatic function w/NWP #14 ±0.02 acres
(± 145 If) - road crossings.
mppruaimate iota) - IN Wr #14
±0.02 acres
mitigation is provided for construction impacts to a specific stream when impacts exceed ISO If.
Nationwide Permit 3 will be utilized to repair a dam and for the conversion of a former agricultural
pond to a detention facility.
To minimize impacts to streams and wetlands the following minimization methods are proposed:
creeks will be crossed with bottomless culverts where feasible
no grading activities will be permitted in wetlands to be preserved
vegetation utilized in stream stabilization and to replace riparian vegetation will be native to the
extent feasible.
A mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the extent
on this site. Unavoidahle imnurta to e+-- F...
where required. Stream impacts by flooding will be mitigated by the protection of the remaining channels
and the development of a forebay/ and vegetated littoral zone in connection with the required detention
ponds. Areas within the buffers cleared due to grading requirements will be revegetated with riparian trees,
shrubs, and groundcovers, to match adjacent conditions.
n
!ation - The largest.-wetland impacts are to disturbed emergent and scrub shrub wetlands.
0.92 acres of wetland mitigation will be provided in conjunction with the stormwater facility,
The remaining streams on the project site appear to be in excellent to good condition and will be protected
by buffers. To meet restoration mitigation requirements for stream impacts by grading, the developer
is proposing to contribute $27,500 to the North Carolina Wetland Restoration Program (220 If X
$125/ If) to mitigate for stream impacts as required.
Propose C.nmpggg?torv Mitig ion
A mitigation plan is proposed for a "no net loss" of wetland and stream habitat, value, and function to the
extent feasible on this site. . The proposed wetlands will be created to provide water storage, bank
stabilization, pollutant removal, and aquatic resource values as described in the Fourth Version - Guidance
for Rating Values of Wetlands in North Carolina.
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 7, January 27, 2000
Create a minimum of 0.92 of wetlands in the floodplain or in conjunction with stormwater detention
facility to meet the mitigation requirements. All stormdrainage from a large portion of the project as well
as off-site drainage can be utilized to enhance the success of this proposed wetland system. The purpose of
the wetland mitigation proposal is to develop areas of headwater wetlands in various forms which are
saturated within the root zone or inundated for a significant portion of the growing season. The zones will
be based on the expected saturation and inundation of the particular zones and tolerances and include
Bottomland Hardwoods, Scrub/Shrub, Emergent, and Aquatic Zones. The hydrology will be supported
by stormwater runoff, overland flow, and captured rainfall. This proposed wetland mitigation site is expected
to be inundated and saturated especially during the winter, early spring, and major rain events.
The following hydrological zones are expected to occur within the wetland mitigation areas:
- Semipermanently to permanently: area is inundated or saturated. from 75% to 100% of the
growing season.
- Regularly: area is inundated or saturated from 25% to 75% of the growing season.
- Seasonally: area is inundated or saturated from 12.5% to 25% of the growing season.
- Irregularly: area is inundated or saturated from 5% to 12.5% of the growing season.
Vegetation - The majority of the species utilized will include Obligate (OBL) and Facultative Wet
(FACW) vegetation. To a lesser extent Facultative (FAC) species known to be prevalent in wetlands in the
local area will be utilized. Vegetation species that provide benefits to wildlife habitat will be incorporated
into the mix of species utilized.
High and low flows entering the wetland mitigation areas will first drain to a pool or forebay to
reduce velocity and begin distribution. The outlet from the pool will be stabilized with a rip-rap/gabion
structure. To allow a saturated soil development the outlet structure is designed to withhold at least 12".
Excess water will be discharged into the next v+etland area, as necessary, if cells are developed, in a
controlled manner by first entering an open- water Torebay. Water will discharge to the wetland over level
spreaders to disperse the flow.
The bottom grades of the proposed wetland will be at a flat gradient of 0 %. M:icrotopographic
features such as small drainage ways and hummocks will be designed with the mitigation cells to disperse
and direct flow and to create the various hydrological zones. These will require field review, adjustment, and
refinement.
Channels within the wetland. areas will be vegetated for a non-erosive designed based on a ten year
storm. Minor drainageways and/or level spreaders will diffuse the flow and will distribute water to various
sections of the wetland. Rock/stone filter check dams will be utilized to make minor flow adjustments within
the mitigation cell. '
Water control structures will be provided to allow flexibility in depth control, where necessary. The
design of the outfall structures are planned to be as low maintenance and management as possible. However,
if the water depth is greater than anticipated than the outfall than provisions can be adjusted slightly to allow
a lesser volume to be stored.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 8, January 27, 2000
Data will be collected from field observations in order to record the development of wetland
hydrology, hydric soils, and hydrophytic vegetation as described in the 1987 U.S. Army Corps of Engineers
Wetland Delineation Manual criteria.
Normal hydrology will be considered the percent of time which the upper 12" exhibits inundation or
saturation. If the amount of precipitation is unusually high or low than the wetland hydrology success criteria
will be 5% to 12.5% of the growing season. Hydrology is expected to be supported by runoff from the
project site and from the remaining watershed off-site. Also, the proposed mitigation and stormwater
treatment area is easily accessible for monitoring and could be utilized for education related purposes.
The specific plans will include:
1. Description of Proposed Mitigation Areas
2. Methods of Construction
3. Grading Plan
4. Planting Plan
5. Monitoring Report
6. Schedule
Construction MethodoloV
Prior to any construction activity, the proposed wetland mitigation area will be clearly marked in
the field.
Sedimentation and erosion control measures and other Best Management Practices shall be in
place. The wetland areas that are to be and created will be excavated as required. This excavated material
will be utilized to rough grade the large parking and building areas on the site. The removed soil will not be
used to fill any wetlands unless authorized by the U.S. Army Corps of Engineers.
After excavation the wetland areas will be backfilled to finish grades with suitable topsoil and
stabilized as necessary to create the various hydrological plantog zones and drainage pattern. Stone
jrmoring and appropriate geo-textiles may be utilized plus seeding ind. planting. Runoff will then be directed
Into the area. Under normal conditions for the area, the soils are expected to be inundated and/or saturated
during the winter months and early spring for a period of at least 5 to 12.5% of the growing season.
Soils shall be topsoil or stockpiled suitable wetland soil and have a minimum of 40% organic
content. Soils shall be spread and compacted to 90%. Eighteen inches to two feet of topsoil and shall be
spread and adequately compacted as a planting medium throughout the mitigation cell. Note that
excavation in the proposed wetland areas should be below finish grade .prior to placement of topsoil.
Before placement of the topsoil, the subgrade and hydrological conditions must be assessed.
Manipulation of soil depth will be required to create micro-topography within mitigation cell. Field
modifications may be required based on actual site conditions.
The wetland mitigation areas shall be stabilized with grasses or other herbaceous materials for at
least one growing season to observe hydrological, soil development and vegetation which is volunteering.
Adjustments may then be made as required to the water control structures, spillways, and grading as
required. Installation of the wetland materials should not take place until the site's hydrology has stabilized
and discharge structures have been adjusted as necessary.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 9, January 27, 2000
The entire mitigation cell shall be completely impounded to fully saturate soils prior to adjusting
discharge structures and establishing hydrological zones.
Watering to maintain moist soils throughout all elevations may be necessary during the first
growing season.
_Vgg ation
Planting includes of a diversity of saturation tolerant tree species which are also high in wildlife value. The
planting plan will also encourage a diverse canopy and mid-story vegetation. The primary criteria upon
which plant selection is based is the duration of soil saturation. Soil saturation is expected to occur at a rate
similar to adjacent wetland and / or riparian areas and is expected to be for a minimum of 12 consecutive
days and a maximum of 52 consecutive days under normal circumstances during the early part of growing
season. Tree species tolerant of these hydrological conditions will be specified in the mitigation areas.
Forested mitigation sites will be planted at an initial density of approximately 500 trees woody stems per
acre by utilizing a combination of bare root seedlings and/or larger vegetation. Scrub/shrub mitigation sites
will be planted at an initial density of approximately 1000 woody stems per acre by utilizing a combination of
bare root seedlings and/or larger vegetation. In addition to woody species, herbaceous plants will be will be
planted in an organized. pattern or groupings of a similar hydrophytic zone. These zones adjacent to surface
waters improve water quality by filtering runoff, trapping sediment, absorbing nutrients, and provide wildlife
habitat and a food source for aquatic organisms, amphibians, birds and other wildlife.
Vegetation will be selected from the following general lists.
Scrub/Shrub Z ne
Alnus spp.
Cornus amomum
Sambucus canadensis
Itea virginica
flex decidua
Viburnum dentatum
Cephalanthus occidentalis
Lind.era benzoin
Others that are approved
Dottomland Hardwood - Fo ctP Zone
Carya spp. Diospyros virginiana
NXssa sylvatica - - - Quercus species
Frax. pennsylvanica
Taxodium distichum
Zone I - Wetland areas in temna. rarily saturated soils r 4ject to occasional an brief inundation
Agrostis albs (Red Top) Polygonum spp.(Smartweed)
Juncus effusus (Soft Rush) Eleocharis spp.(Spikerush)
Zone 2 -Wetland areas prone to persists nl f7. oodin' . or ponding
Moist to ! Foot Water
Three Square Bulrush
Sedge species
Creeping Spike Rush
Lizard Tail
Carex species (Sedge)
Others as specified
Soft Rush
Others
Shallow Water Plant
Sweet Flag Arrow-Arum Duck Potato
Pickerel Weed Others
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 10, January 27, 2000
Other plants may be selected from Table 11.2 in Stormwater Best Management Practices, November 1.995.
Tree Planting •on o
Planting zones are based on progressive toleration of saturated soil conditions.
A/B - Transitional Species, and species which tolerate minimum
duration of soil saturation
C/D - Saturation - Tolerant tree species
.Forested Zone - Tree Planting h ul
* No more than 20% of the trees required to be installed shall be of one species to create diversity. Trees
shall be located in a naturalistic pattern. The minimum ci?p hall b 1 yr, bare root cePdlings The size
"I e.. , ed below- is recommended to increase survivability- Additional or alternate selections may be
necessary based on availability, site specific data, and cost factors. All of the listed species shall be utilized
unless approved otherwise.
Zone .&kntific Name Size and Condition S acing
Common Name
A/B Diospyros virginiana min. 1 year bare root seedling 9' On Center
Persimmon
C/D Frax. pennsylvanica min. 1 year bare root seedling 9' On Center
Green Ash
C/D Nysso sylvatica min. 1 year bare root seedling 9' On Center
Blackgum
C/D Quercus lyrata min. 1 year bare root seedling 9' On Center
Overcup Oak
A/113 Quercus michauxii min. 1 year bare root seedling 9' On Center
Swamp Chestnut Oak
A/B Quercus phellos min. 1 year bare root seedling 9' On Center
k Willow Oak
A/B i Quercus shumardii min. 1 year bare root seedling 9' On Center
Shumard's Oak
C/D Taxodium distichum_ min. 1 year bare root seedling 9' On Center
Baldcypress
Scrub/Shrub Plandag Zone Schedule
Botanical Name ommon Name ize Notes
Ceph. occidentalis Button Bush 14" - 18" Plants 6'-7' O/C
Alnu§ serrulata Tag Alder 14" - 18" Plants 6'-7' O/C
Betula nigra River Birch 14" - 18" Plants 6'-7' O/C
Lindera benzoin Spicebush 14" - 18" Plants 6'-7' O/C
Corpus amomum Silky Dogwood 14" - 18" Plants 6'-7' O/C
Sambucus canadensis Elderberry 14" - 18" Plants 6'-7' O/C
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 11, January 27, 2000
** No more than 20% of the scrub/shrub materials required to be installed shall be of one species to create
diversity and shall be located in a pattern and directed by the planner. The minimum size shall be 1 yr. bare
root seedlings. The size specified below is recommended to increase survivability. Additional or alternate
selections may be necessary based on availability, site specific data, and cost factors. At least six varieties
shall be utilized.
Rmerml Zane/Aquatic Schedule
Rushes/Sedges**
Juncus effusus Smooth Needle Rush 2 yr. peat pot 3' O/C.
Scirp. americanus Common Three Square 2 yr. peat pot 3' O/C.
Acoris calamus Sweet Flag 2 yr. peat pot 3' O/C.
* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined based on final surface and ponding conditions.
Shallow Water Plants*
Peltandra virginica Arrow Arum 2 yr. peat pot 3' O/C.
Sagitaria latifolia Duck Potato 2 yr. peat pot 3' O/C.
Saururus cemus Lizard's Tail 2 yr. peat pot 3' O/C.
Nuphar luteum Spatterdock 2 yr. peat pot 3' O/C.
* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined. based on final surface and ponding conditions. Herbaceous species will be
planted in 25 to 50 cm diameter clusters at a density of 1000 clusters per acre or will be seeded with a
wetland seed mix at a rate which wilt result in a coverage of at least 100-sterns per square meter upon
germingtion. Survival rates of seeding, roots; and/tar -individual plants will be explored for each species
selected based on availability, site specific data, and cost factors. All new plantings will consist FACW and
OBL species. Planting will be conducted in the spring and the fall. Annual ryegrass, millet or red top grass
will be utilized in order to provide temporary stabilization during the summer and winter months or until
planting times become available.
Seeding Speci&adon for Herbaceous and Corer "rap in iYetland Mitigatian Sites
Zone 1 - Wetland areas in tPm orarily satnWcd soils or 1h ut to occasional a brief Dates TYL= J ..inundation
n
Rak
April 1 i- Jul. 15 Red Top Grass
Smartweed.
7 lbs/acre
20 lbs /acre
Jul. 16 - Sept. 1 Temporary Crop
Jap. Millet or Sorghum 20 lbs /acre
(to be followed by permanent mixture)
Sept. 2 - Nov. 1 Smartweed
Red Top Grass
20 lbs /acre
7 lbs/acre
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 12, January 27, 2000
Nov. 1 - March 31 Temporary Crop 40 lbs /acre
Wheat or Winter Rye
(to be followed by permanent mixture)
The following species may be substituted:
- Bidens connata (Beggar's Tick) and other Biden's species
- Leersia oryzoides (Rice Cutgrass)
- Panicum viratum (Switchgrass)
- Peltandra virginica (Arrow Arum)
& Wing instructions
1) Seed in the dry period
2) use of a filler, such as sand to dilute the seed to ensure uniform ground coverage when broadcasting
3) tree and shrub planting should be completed first before seeding
4) Pure live seed shall be specified and approved prior to planting.
Herbaceous species may with a wetland seed mix which will result in a coverage of at least 100 stems per
square meter upon germination. Subsitutions may be permitted. with approval. Other native grasses or
annuals may be selected. No fescue will be used in wetland areas. Annual grasses shall be utilized for
stabilization on surrounding slopes within Mitigation Area rather than perennials to allow natural succession.
If a perennial is required for erosion control than a mixture shall be selected that allows natural volunteering
to occur.
Monitoring
Monitoring of wetland creation activities will be performed to evaluate the mitigation site relative to the
success criteria. Annual reports will be prepared which summarizes the data collected in the field and notes
trends. Photographs at fixed stations will be taken to document the trends and changes occurring at the sites.
These reports will be furnished to the Corps of Engineers and the North Carolina Division of Water Quality.
h
Yegetati* Monitoring --
Four sample plots will be identified. The plots will monitor at least 30' radius to record the number
and species of each surviving woody stem and the percent aerial cover of the three most dominant species.
Within the 30' radius area a 10' radius area will be established to record the three dominant herbaceous
species.
Mitigation areas will be monitored bi-annually during March/April and August/September to
measure survival rate, species diversity, growth.
Identify upland species and invasive species to be removed such as honeysuckle, blackberry, rose,
poison ivy,, kudzu, ligustrum, etc.
Vegetation Success Criteria
At least 320 woody stems per acre are surviving. If this criteria is not met, the area is not
considered to be successful and maintenance will need to be performed on the area in order to provide the
required quantify. A five year monitoring period will be conducted for forested plant communities,
A minimum 75% cover after five years is required for herbaceous plant cover.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 13, January 27, 2000
Hydrology Monitoring
Monitoring wells will be designed and placed in accordance with the specifications in U.S. Corps of
Engineers, Installing Monitoring Wells / piezometers in Wetlands (WRP Technical Note HY-IA-3.1, August
1993). Monitoring Wells will be set to a depth 24 inches below the surface soil, if required. These
monitoring wells will be imbedded within vegetation sampling plots to provide representative coverage
within each of the ecosystem types. Hydrological sampling will be performed throughout the growing season
at intervals necessary to satisfy the hydrology success criteria. It will be observed on a monthly or as needed
basis for at least the first year in order to establish a record of the hydrology throughout the year. At least
four monitoring wells will be established for the wetland mitigation areas.
Hydrological Surcess Criteria
Saturation or inundation for at least 12.5% of the growing season at lower landscape positions during
average climatic conditions is the target hydrological characteristic. Upper landscape areas may exhibit
inundation and/or saturation between 5% and 12.5% of the growing season. If wetland parameters are
marginal, consultation with USACE personnel will be conducted to determine the jurisdictional extent in
transitional areas. The data collected during the monitoring period will be utilized to evaluate the success of
the mitigation areas, The success criteria will be as follows:
Soil saturation within 12 inches of the surface for a minimum of approximately 12 consecutive days
during the early part of the growing season.
Observed evidence of inundation or saturation within the root zone for 5% to 12.5% of the
growing season.
Establish at least one hydrology indicator per the 1987 USACE Wetland Delineation Manual in the
sample plot or match adjacent riparian habitat surroundings.
Establishment of at least one hydric soil characteristic.
These VegetAtive, Soil, and Hydrological Characteristics must be met to determine success of the we
mitigation. it the mitigation is determined to be unsuccessful the following one or more of the following
contingency plans will be implemented.
1) Selected re-installation of vegetation, thinning, maintenance, and/or acceptance
2) Extended monitoring periods
3) Hydrological modifications or manipulation and/or
4) Off-site mitigation sites and/or.
5) Acceptable alternative form of mitigation.
Report Submittal
An "as-built') plan drawing of the area, including initial species compositions by the community type, and
sample plot locations will be provided after completion of planting. A review of the actual design, densities,
and quantities will also be included and will be provided within 90 days of completion of planting. Submitted
reports will document the sample plot locations, along with photographs which illustrate site conditions.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 14, January 27, 2000
Monitoring Reports will include:
1) species and quantity of each surviving woody stem
2) Estimated percent aerial cover of the three dominant species
3) Representative photographs
4) Depth of water table during early part of the growing season
S) Hydric soil observations and other hydrological characteristics.
Field data will be recorded on a. monitoring data form and submitted along with representative photographs
in a annual monitoring report. This will be submitted to the USACE and the NCDWQ. After the fifth year of
monitoring, a summary report and as-builts will be furnished for review and discussion regarding compliance
of the project with conditions of the permit and to determine the need for future monitoring or
modifications.
The Mitigation areas will be monitored bi-annually to identify maintenance requirements that will encourage
the successful development of the wetland mitigation sites and function of the stormwater quality facilities.
This will include the following:
a) Vegetation management
b) Semi-annual inspections
c) Debris check after storm events
d) Establishment of a benchmark for sediment removal with specific elevations
e) Designation of a responsible party
1) Vegetation Management
The presence of invasive species that will effect the positive development of the wetlands shall be identified
at the monitoring periods and will be removed by the representative of the responsible party. These species
are likely to include honeysuckle, blackberry, rose, poison ivy, kudzu, eleagnus, ligustrum, cattails, etc.
Vegetation may be removed by physical or by the use of an approved herbicide such as "Round-up",
"Rodeo" or equivalent.
2) Inspections
Mitigation areas will be monitored bi-annually during March/April and August/September and/or storm
events to determine the need for maintenance such as the removal of debris and/or repairs to the mitigation
site such as those caused by erosion.
3) As-builts - Benchmark for Sediment Removal
Field adjustment is expected during the construction of the restoration and stormwater quality basins. An
"as-built" plan drawing of the area will include a benchmark for sediment removal will also be established for
the storm water quality wet detention basins. Removed sediment will be transported to an upland site and.
stabilized. In some cases it may be appropriate to utilize the appropriate sediment such as washed topsoil to
enhance or modify the development of the wetland areas. This will be determined on a case by case basis and
will be included in the monitoring report. The following requirements have been developed for the ponds
and stormwater wetlands to be signed by the owner.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 15, January 27, 2000
Water Management Plan
In order to determine the quantity of water available for the mitigation sites system, a water budget analysis
will be performed. Inputs to the system include precipitation, surface runoff from the site and adjoining
tracts. Groundwater sources are also likely. The objective of the water management plan is to provide
periodically saturated and flooded conditions to the created wetland system. Once this is accomplished the
wetland area with appropriate grading should provide a variety of diverse and suitable wetland habitats. The
water management plans are a essential part of the overall stormwater management plan. The pond will also
be used as a method. of controlling peak flows and as a method of diverting flows into the wetland. mitigation
areas. The constructed wetlands on this site will be associated with the contributing watershed of perennial
to intermittent streams and runoff from impervious surfaces. Runoff will be conveyed to the wetland as a
point discharge. Regular and low flows from the wet detention pond will be discharged directly to a forebay,
plunge pool or level spreader.
The flow will then be diffused in a sheet flow fashion. Sheet flow will disperse over the wetland mitigation
area before following swales which will distribute flows at a low velocity. The bottom grades of the
proposed wetland will be at a flat gradient of 0% slope. Water will enter the mitigation site into a forebay
and/or plunge pool and allowed to spread by sheet flow over the area. Small drainageways and hummocks
will be designed to disperse and direct flow and to create the various hydrological zones. To allow the
saturated soil development the outlet structures designed to withhold at least 12". Excess water will be
discharged into the next mitigation area in a controlled manner. If the water depth is greater or less than
anticipated than the outfall can be adjusted slightly to allow a greater or lesser volume to be stored.
Percolation rates are not expected to be rapid due to the dense subsoils. Provisions have been made allow
excess water to runoff into adjacent channels or wetlands. Small stone filter rock check dams or other
obstructions will be strategically placed to make minor adjustments to drainage flow in order to increase or
decrease duration of flooding or saturation.
The outflow structure will be temporary stone filter rip-rap weir structure installed in conjunction with a low
lying berm. This will allow flexibility to make adjustments and detention of or the removal of excess water
until a stable level is observed. Structures will be monitored and inspected regularly throughout the
construction period, and also during the proposed vegetative monitoring periods. It was determined that
high flows diverteo to the wetland area may cause severe erosion. Therefore routing of high flows directly to
a designed channel will be necessary.
The quantity of water available during the early part of the growing season appears to indicate that adequate
water will be available to support wetland hydrology requirements.
Protection from Future Development
Upon completion of construction of the wetland sites as - built drawings will be prepared. The survey will
include:
boundary of each area
finish grades
location of monitoring wells, if necessary and sample plots
drainage control features
Other significant information, as required
Fencing may be installed by the owner to protect the mitigation sites.
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 16, January 27, 2000
STORMWATER MANAGEMENT PLAN
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements. Stormwater management becomes necessary when increasing the
impervious area within an existing natural area. The planners will utilize information and guidelines provided
by the North Carolina Department of Environment and Natural Resources Water Quality Section in
developing this stormwater wetland. Wet detention basins shall be the primary treatment system for
stormwater runoff from paved surfaces and landscaping on commercial, office, business, and institutional
parcels. The wet detention basins will be designed to attenuate the first inch of rainfall over a 24 hour period.
Water will be released over a 2 to 5 day period. Discharge velocity of will be less than five cfs from the end
of the dissipation device. 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 usinu the Table 1 1 in the Stnnnwater Rest Mana me
age nt Practices
?jl ,D ,.I]EZ. Novemner
1995• To help enhance water quality and reduce the potential nutrient impacts downstream utilization of the
non-wetland floodplain will be used where feasible for stormwater treatment.
THREATENED AND ENDANGERED SPECIES (.See attached letter)
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. Based on soil types this
site was determined to be potentially conducive to the presence of Schweinitz's sunflower. The site ha been
surveyed by Dr Jim Matthew$ of the Habitat -Assessment R=Qration Program Their survey indicates that
5-ghweinitz's sunflower is not_raresent in the proj . , 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 ano Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small "river originating fhom_rural areas in Union-County. Therefore it is
does not 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. The stream on this site however was found to be
intermittent based o7 an analysis during the summer months. Therefore this species is not likely to occur on
this site.
Aquatic Habitat
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Flat
Branch. 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
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 17, January 27, 2000
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.
In order to minimize the potential of anticipated impacts to the depression swamp by adjacent grading
activities, an anti-seep barrier will be created utilizing clay (bull tallow) removed from development areas
on the site as recommended by the U.S. Army Corps of Engineers.
CULTURAL RESOURCES (See attached letter)
The State Historic Preservation Office has reviewed. the proposed project area. No additional information is
required.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved wetlands and streams will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. As required, development of these areas will be deed restricted
in accordance with restrictive covenants, or similar mechanisms which will be developed for approval by the
USACE and/or NCDWQ.
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 creating beneficial wetland or riparian habitat and enhancing and preserving the
Jurisdictional Waters of the U.S. remaining on the site. The undisturbed wetland areas acid the mitigation
sites will be preserved by the applicant or by a group designated by the owner for this purpose. They will be
managed as a wetland system of high value.
Please contact me if you have any questions or require additional explanation. Thank you for your
considera ' n.
i c el ,
deer, PWS
Environmental Planning Consultant
NC Landscape Architect #578 '
cc: Mr. Jim Praechtl
Pulte Home Corporation
7422 Carmel Executive Park, Suite 300
Charlotte, NC 28226
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C d STATE 4
North Carolina Department of Cultural Resources
James B. Hunt Jr., Govemor
Betty Ray McCain, Secretary
May 31, 1996
Leonard S. Rindner
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
Re: 147-acre tract between Mallard Creek Church
Road and Galloway Road, northeast Charlotte,
Mecklenburg County, ER 96-8886
Dear Mr. Rindner:
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your letter of May 5, 1996, concerning the above project.
We have conducted a search of our maps and files and have located the following
structures of historical or architectural importance within the general area of the
project:
Mallard Creek Church (MK 1274), northeast side of SR 2472, 0.3 mile east
of junction with US 85.
Galloway House (MK 2544), SR 2470, 0.5 mile east of junction with SR
2467. Y
House (MK 1299), south side of SR 2472, 0.85 mile southeast of junction
with SR 2467.
None of these properties appear to be eligible for listing in the National Register of
Historic Places.
There are no known archaeological sites within the proposed project area. Based
on our present knowledge of the area, it is unlikely that any archaeological
resources which may be eligible for inclusion in the National Register of Historic
Places will be affected by the Qrojedt construction. We, therefore, recommend that
no archaeological investigation be conducted in connection with this project.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.
109 East Jones Street • Raleigh, North Carolina 27601-2807 LZ?fl
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley, environmental
review coordinator, at 919/733-4763.
Sincerely, /
Ot" .?
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Charlotte-Mecklenburg Historic Landmarks Commission
M
r
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
May 16, 1996
Mr. Leonard S. Rindner, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, North Carolina 27613
Dear' Mr. Rindner:
Subject: Proposed development of a 147-acre tract between Mallard Creek Church Road and
Galloway Road in Charlotte, Mecklenburg County, North Carolina
In your letter of May 5, 1996, you requested our concurrence that no federally endangered or
threatened species would be affected by the subject project. The following comments are
provided in accordance with the provisions of Section 7 of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531-1543) (Act).
The U.S. Fish and Wildlife Service (Service) a? preciates the fact that a survey f6r federally
endangered or threatened species, particularly Schweinitz's sunflower (Helianthus schweinitzii),
was conducted by Mr. John Soule on the subject property. Mr. Soule observed no federally
listed endangered or threatened species and did not find any potentially suitable habitat for any
federally listed species on the proposed project site. Thus, the Service concurs with your
determination that the project will have "no effect" on federally listed species. In view of this,
the Service believes the requirements under Section 7 of the Act are fulfilled. However,
obligations under Section 7 of the Act must be reconsidered if. (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered, (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action.
Please do not hesitate to contact Ms. Janice Nicholls of our staff at 704/258-3939, Ext. 227, if
you have any questions regarding our comments. We have assigned our Log Number
4-2-96-071 to this project. Please refer to this number in all future correspondence directed to us
concerning this matter.
Sincerely,
/Allen Ratzlaff
Acting Field Supervisor
(1987 COE Wetlands Delineation Manual)
Project/Site: MIjll '01F L,-a.rL,:,fc ? c• ?"???.=

A
lica
/O GGr %?,-r?s
a-. Date:
pp
nt
wner C? c r ?t? r e
Investigator: County: _ J'"'I
State:
Do Normal Circumstances exist on the site? ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Cab) Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.) A 14 '?
VEGETATION
Dominant Plant S?pe^cies
1. ?vnGUS PttyS?K Stratum Indicator Dominant Plant Species Stratum Indicator
9
A?
•
t??S
2._ l )a YS ? a r at 10.
_
3. Yc +-? I r 5 t? l yal r'fC.C'- 11.
12.
5. ?Fn,es scyp?tJM?J? ?
G4?A 13.
6. GtFL1! Ski , { 14

7. t .
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). /
(?
f
Remarks:
L
HYDROLOGY
Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
_ Other
_. No Recorded Data Available
Field Observations:
Depth of Surface Water: a`
/f
Depth to Free Water in Pit: 'ZI (in,)
Depth to Saturated Soil: /t
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
F' Saturated in Upper 12 Inches
7'4Vater Marks
_ Drift Lines
pediment Deposits
k"Drainage Patterns in Wetlands
Sacondary yIndicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
`-" Water-Stained Leaves
_ Local Soil Survey Data
_ FAC-Neutral Test
_ father (Explain in Remarks)
f
Remarks:tt
j p
a-F Flo o, r
?1` ?, l Na rr??k -t'. (U&c i, i-.

WTI, 1995 - 196 -
SOILS
Map Unit Name ?1??
(Series and Phase)/ "???ti! r r'TG `
1 Drainage Class: i (?// r!(r/?

Taxonomy (Subgroup): Field Observations
Confirm Mapped Type? Yes No
Profile Description:
??jG
Depth. Matrix Color
(inches) Horizon (Mansell Moist) Mottle Colors Mottle ff Texture, Concretions,
(Muns
el
l Moist) Ab
u
ndance/Contrest Structure, etc.
(
/LL--a-L_/ /` ?
n
`
ll
/Q 7 6 f /OYYJ1 ?1.h1 I
Jr P e d
i
?? ?i f f3 e) g- C71? A??s ??
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon _
_ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime yrCisted on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
_L,edilayed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks: -

WFTI aNn nlrTci2ftAwATtnPu
h

Hydrophydc Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? ?a!o e No Is this Sampling Point Within a Wetland? Yes No
Remarks:
ro
L
- 197 - WTI, 1995
Project/Site:
Applicant/Owner: ?"
Investigator: /, ..
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
------------
.w
Date: ,/3?•
County: --
State:
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (A i 03
typical Situation)? . Ys es
Is the area a potential Problem Area?
(If needed, explain on reverse.) Yes
VEGETATION
Dominant Plant Species

:31 'r,111
Stratum
Indicator

3 ..A-
??r ?r+?
4
L
G
4

.
p7
p
,
,,

7
.
?. ?? CIE
?t?/ O r? Alt,rrc
d
,,
nn
8.
1
14 -
Percent of Dominant Species that are OBI., FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY -
- Recorded Data (Describe In Remarks):
_. Stream, Lake, or Tide Gauge
Aerial Photographs
_ Other
_ No Recorded Data Available
Field observations:
Depth of Surface Water: _ 7, f r
(n.)
Depth to Free Water In Pit: rf A?
fin.)
Depth to Saturated Soil:
Remarks:
Community ID:
Transect ID:
Plot ID: Z
Arew-- 4)
Dominant Plant Soecies Stratum Indicator
10.
11.
12.
13.
14.
15.
16.
C9 L'-)fo
? -- h
Wetland Hydrology Indicators:
Primary Ind)cators:
4•- r( undated
Saturated in Upper 12 Inches
ater Marks
I_ Drift Lines
-"'Sediment Deposits
^trainage Patterns in Wetlands
Secondary Indicators (2 or more required):
C%9xidized Root Channels in Upper 12 Inches
.1-Water-Stained Leaves
Local Soil Survey Data
_ FAC•Neutral Test
Other (Explain in Remarks)
WTI, 199$
-196-
SOILS
Map Unit Name
(Series and Phase): / J
-G J?) r
?? ?/? / /
Drainage Class: p `I `?+'?jf
''
Taxonom
(S
b
`
- Field Observations
y
u
grou /
p):
01C- Confirm Mapped Type? pped T el Yes
Profile Oescriotion: C
,/4
Oepth
inches) Horizon Matrix Color
(Munsell Moist) Mottle Colors
(Munsell Moist) ?
Mottle Texture, Concretions,
AbundancelConrrsst Structure. etc.

Hydric Soil Indicators:
_ HistosclConcretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
-- Aquic Moisture Regime Listed on Loca( Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
.fc('eyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
h
Hydrophytic Vegetation Present? No (Circle)
Wetland Hydrology Present? a _r! No
Hydric Soils Present? es No
Remarks:
(Circle)
Is this Sampling Point Within a Wedan,0 \ Yes,., No
1 ...?. !"."? r /^ .aI`??.•+?*1. /'?? .?s??1 fY? (f F'c? ?t ???,?I. ?t„(«'T; ?';"?'v+ 0 1? ? J
1-4,, , i .I .£ / __4- Approved Ov H U A ! 2

-197-
w-n, 1 995
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:
Applicant/Owner:
Investigator:
Do Normal Circumstances exist on the site? Yes 0
Is the site significantly disturbed (Atypical Situation)? -Yes o'
Is the area a potential Problem Area? Yes
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Soecies Stratum Indicator
4.-
-
6.
7.
8.
Percent of Dominant Species that are OBL. FACW or FAC
(excluding FAC•).
Remarks:
HYDROLOGY -- -- -
..-_ Recorded Data (Describe in Remarks):
-Stream, Lake. or Tide Gauge
Aerial Photographs
Other
No Recorded Data Avsilable
Field Observations:
Depth of Surface Water: OL (in.)
Depth to Free Water In Pit: (cam fin.)
Depth to Saturated Soil: el- (in.)
Remarks:
WTI, 1995
,
Date: 7_/-!l
Count
y
State: A/" ;
Community ID:
Transect ID:
Plot ID: --
Dominant Plant Soecies Stratum Indicator
9.
10.
11,
12.
13.
14.
15.
16.
D 7.1
h
t
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
?fSaturated in Upper 12 Inches
_ Water Marks
? Drift Lines
"Sediment Deposits
_L,Clrainage Patterns in Wetlands
Secondary , Indicators (2 or more required):
tF Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Local Soil Survey Data
_ FAC-Nautral Test
_ Other (Explain in Remarks)
-196-
n

SOILS
Map Unit Name
(Series and Phase):
/'7?f !`J^C
J p _ a??f l y
Drainage Class:
Taxonomy (Subgroup): Field Observations
Confirm Mapped Type? Yes ?fVo
Profile Description: ??(??
Depth
inches) Horizon
i---_ Matrix Color

IMunseil Moist) Monte Colors

(Munsell Moist) Monle
Texture, Concretions,
Abundance/Conrrest
Structur
e, etc.

Hydric Soil Indicators:
_ Histosol
_ Histic Epipedon
_ Sulfidic Odor
Aquic Moisture Regime
-Reducing Conditions
_ Gleyed or Low-Chroma Colors
_ Concretions
High Organic Content in Surface Layer in Sandy Soils
?rganic Streaking In Sandy Soils
"? Listed on Local Hydric Soils List
_ Listed on National Hydric Soils List
_ Other (Explain in Remarks)
Remarks:
n
v
WETLAND DETERMINATION
7FHydricSoils egetation Present? No (Circle)
logy Present? a No (Circle)
esent? No Is this Sampling P oint Within a Wedand? rr-1,
?x as No
Remarks:

A
-197-
Wll, 1995
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: /??<l llcUr i, C f1? ?Cr??eu?'?r Date: y / c
Applicant/Owner. _ Cix?sf??sf 7,\ on rr, 6c G County:
Investigator:
State:
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)? ? Tan ectllp:ID:
Is the area a potential Problem Area? Yes --
(If needed, explain on reverse.) Plot ID:
VI~GETATION
HYDROLOGY

Data (Describe In Remarks): Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:

Other _ Inundated

ed Data Available Saturated in U
- peer 12 Inches
_ Water Marks
ft Lines
FReldb
ions• _ Sediment Deposits
rainage Patterns in Wetlands
if
rface Water: rn
) Secondary Indicators (2 or more required):
• _ Oxidized Root Channels in Upper 12 Inches
e Water in Pit:
fin.) Water-Stained Leaves
Local Soil Survey D ate
turated Soil:
tin
) _ FAC-Neutral Test
. _ Other (Explain in Remarks)
Remarks:

WTI, 1995 -196.
SOILS
/
se): 4ell-w- '
F Xy /
Drainage Class; / ??t`??fC? ?et?C

? ,??,,//
Taxonom
group): }i? e
,d
-t
Feld Observations f t
.
. Confirm
Mapped Type? e§ o
Profile Description:
Depth Matrix Color Monte Colors Mottle Texture, Concretions,
inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/C:onrrest Structure, etc,
_ Yom- (;
7
to
7 1
r,-
6?
Hydric Soil Indicators:
_ Histosol
_ Histic Epipedon _ Concretions
High Organic Content in Surface Layer in Sandy Soils
-.._ Sulfidic Odor _
_ Organic Streaking in Sandy Soils
-. Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
-_._ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:

(( 1 _ {!
A
y M
WETLAND DETERMINATION
Hydrophytic Vegetation Present? a No (Circle) (Circle)
Wetland Hydrology Present? ?` Yep loo
Hydric Soils Present? -Y-'s N Is this Sampling Point Within a Wetland? YwK-'y No'
Remarks:
t/
11
- 197 - WTI, '1995
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:1?? ?C l?r ??

, ?
Applicant/Ow
! Cam,
??DUlcc c

J
Date
: / 7 /yam
ner C ?:a Pi ,
? r,?st,l r,•^; ,p
Investigator: /
?
1 County: - /?t,F
q,
1
j, ,V State:
Do Normal Circumstances exist on the site? ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes 63? Transect ID:
Is the area a potential Problem Area? No Plot ID: c= .
(If needed, explain on reverse.)

V -r r"t F. OT
VEGETATION
FlIrnani rlant 5 ecies Stratum Indicator Dominant Plant Species
Stratum Indicator
1. 1 se -F 9.
2. ix /!V^S y?yuiycAON 10.
3 115q ii. -
4.y t L ??? __? ??? 12.
5 1 l? Gam! /C?M^. /?? 13.
6. 14.
s.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
h
- I
HYDROLOGY
- Recorded Data (Describe in Remarks):
Stream, Lake, or ride Gauge
_ Aerial Photographs
_ Other
_ No Recorded Data Available
Field Observations:
Depth of Surface Water: (in.)
Depth to Free Water in Pit: e
(in.)
Depth to Saturated Soil: /?
?_(in.)
16.
Wetland Hydrology Indicators:
Primary Indicators:
undated
?'Saturated in Upper 12 Inches
!- Water Marks
rift Lines
Sediment Deposits
`Drainage Patterns in Wetlands
Secondary. Indicators (2 or more required):
_?Oxidized Root Channels in Upper 12 Inches
?Water-Stained Leaves
_ Locpl Soil Survey Data
_ FAC-Neutral Test
_ Other (Explain in Remarks)
Remarks:
WTI, 1995
-196-
h
L -
SOILS

Map Unit Name
I
(Series and Phase): 'I

Drainage Class:

Tax
S Field Observations /.-
onomy (
ubgroup): Confirm Mapped Type? Yes o
Profile Description: ;e&-Il
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
Cinches) Horizon (Munseil Moist) (Munsell Moist) Abundance/Contrzst Structure, etc.

Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon _
High Organic Content in Surface Layer in Sandy Soils
- Sulfidic Odor
_ Aquic Moisture Regime _
Organic Streaking in Sandy Soils
_Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
?Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:

WETLAND DETERMINATION
Hydrophytic Vegetation Present? a No (Circle) (Circle)
Wetland Hydrology Present? ( e`aJ No
Hydric Soils Present? i/'No Is this Sampling Point Within a Wetland? j'sNo
Remarks:
t!
Approved by HOUSACE 3/92

- 197 - W71,1995
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: !'ll I,` f Z I/ C'i 5G' t ?r Id"P ! e J r f C F4J r
Applicant/Owner.
Investigator: loo r? r?,,r7fir? r -
Do Normal Circumstances exist on the site? ?esNo
Is the site significantly disturbed (Atypical Situation)? `_Yes . p
Is the area a potential Problem Area? Yes ([Vy
(If needed, explain on reverse.)
VEGETATION
HYDROLOGY -
Recorded Data (Describe In Remarks):
Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
No Reoorded Data Available
Reid Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
Remarks:
f? i ff
t fin.)
''2`1 "(in.)
Date:
County:
State: Community ID:
Transect ID:
Plot ID: r
h
r
Wetiand Hydrology Indicators:
Primary Indicators:
Inundated
_`'''Saturated in Upper 12 Inches
-.i_''-Water Marks
rift Lines
Sediment Deposits
?rainags Pattems in Wetlands
Seconds Ahdicatora (2 or more required):
Oxidized Root Channels in Upper 12 Inches
L"Water-Stairled Leaves
_ Local Soil Survey Data
_ FAC•Nautral Test
_ Other (Explain in Remarks)
h

WTI, 1995 - 196 -
SOILS
Map Unit Name
(Series and Phase):

Drainage Class: t/l(
Taxonomy (Subgroup); ?Q/? 16 Field Observations
Confirm Mapped Type? Yes No
Profile Description;
c
Depth
inches) Horizon
1----__.. Matrix Color
(Mansell Moist) Mottle Colors
IMunsell Moistl Mottle
Texture, Concretions,
Abundance/Conr--st Struct
ure, etc.
Js?

Hydric Soil Indicators:
,7
_ Histosol _ Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
-- Sulfdic Odor _ Organic Streaking in Sandy Soils
-._ Aquic Moisture Regime _ Listed on Local Hydric Soils List
- Reducing Conditions _ Listed on National Hydric Soils List
_ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
,?/"}f"? S
WETLAND DI TEAMINAMON
Hydrophytic Vegetation Present? Yes No (Circle)
Wetland Hydrology Prasentl Yes No
Hydric Soils Present? Yes No
Remarks:
(Circle)
Is this Sampling Point Within a Wetland? Yes No

-197- WTI, 1996
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: _/q,-fl/lr? c?? ?tr f%nrck? 4'L?
Applicant/O Date:
wner.
- l(?nG1r
Investigator: ," fC.6 a, - County:
State:
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)? Yes No Community ID:
Is the area a potential Problem Area? Transact ID:
(If needed, explain on reverse.) Yes d?-) plot &/ ID: A ?
VEGETATION
Dominant Plant Soecies Stratum indicator
2. r?C,.-c,r?
3, y-
Percent of Dominant Species that are OBL. FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY
Dominant Plant Soecies Stratum Indicator
s. 1tkrVt
10.
12.
13.
14.
15.
16.

r
n
_ Recorded Data (Describe in Remarks):
Stream. Lake, or Tide Gauge
_ Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: _ 0 (in.)
Depth to Free Water in Pit: A!
Depth to Saturated Sail: If
(in.)
Remarks:
Wetiand Hydrology Indicators:
Primary Indicators:
_ Inundated
Saturated in Upper 12 inches
_ Water Marks
Drift Lines
invent Deposits
_ Drainage Patterns in Wetlands
Seconda_ Indicators (2 or more required):
_ Oxid)zed Root Channels in Upper 12 Inches
_?fWater-Stained Leaves
_ Local Soil Survey Data
_ FAC-Neutrai Test
_ Other (Explain in Remarks)

WTI, 1995 . 196 -
SOILS
Map Unit Name x.?o4/n -.f 4-7,
(Series and Phase): `Drainage Class. ern
Taxonomy (Subgroup):/'(. Feld Observations
Confirm Mapped Typal eo
Profile Deseriotion
Depth Matrix Color Made Colors Mottle
)nehesl Horiz on Texture, Concretions,
?_ fMunsell Moistl (Mansell Moist) Abundance/Conrrost Structure, etc.
met
Hydric Soil Indicators:
_ Histosol _ Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
__.. Sulfidic Odor _ Organic Streaking in Sandy Soils
-.. Aquic Moisture Regime Listed on Locai Hydric Soils List
- Reducing Conditions _ Listed on National Hydric Soils List
-- Gleyed or Low-Chroms Colors _ Other (Explain in Remarks)
Remarks:
y _ M
r
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Vas No (Circle)
Wetland H (Circle)
ydrology Present7 Yes o
Hydric Soils Present? Yes ' No Is this Sampling Point Within a Wetland? Yes No
Remarks:
12,
-197-
WTI, 1995