HomeMy WebLinkAbout20000181 Ver 1_COMPLETE FILE_20000228State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 01? FAA
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A NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 7, 2000
Mecklenburg County
DWQ Project # 000181
APPROVAL of 401 Water Quality Certification
Rhein Interests, Inc.
c/o Jim Medall
5250 77 Center Drive, Suite 350
Charlotte, NC 28217
Dear Sirs:
You have our approval, in accordance with the attached conditions, to fill 0.15 acres of wetlands and impact
615 feet of unnamed tributaries to McDowell Creek and Torrence Creek for the purpose of residential community
construction in Mecklenburg County as you described in your application received by the Division of Water Quality
on February 28, 2000. After reviewing your application, we have determined that these actions are covered by
General Water Quality Certification Numbers 3101, 3103, 3108 and 3127. This Certification allows you to use
Nationwide Permit Numbers 12, 14, 26 and 3 when issued by the U.S. Army Corps of Engineers. 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. Non-Discharge and Water Supply Watershed regulations. Also this approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified
below. If you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be
valid, you must follow the conditions listed in the attached certification.
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.
Pe l,
Ste n
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File Copy
Central Files 000181
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetiandc.htmI
McAulay Farm
Residential Community
Huntersville, ` ` v' S4?Q v
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:
Mr. Jim Medall
Robert Rhein Interests, Inc.
5250 77 Center Drive, Suite 350
Charlotte, NC 28217
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
(704) 846-0461
Yarbrough - Williams & Associates, Inc.
Planning-Surveying-Engineering
730 Windsor Oak Court
Charlotte, N.C. 28273
(704) 556-1990
*Subject to verification by the USACE
Date : 2/00
1
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DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): we ®Alit 2.40 it
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
a
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : 6A-elll 11,7 ktt e s7 s / 16_1 L
2. MAILING ADDRESS: 7 / L,
CITY : 0, a Ic H4-,,
SUBDIVISION NAME:
STATE: ZIP CODE: -7g-7,1-7
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME):
r
(WORK).: l `f° y ---7,- 2-33 3
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERI PVOTOGRAPHY WITH SCALE): /l/
COUNTY : 7 "I?_ G -1/-. NEAREST TOWN OR CITY: 'f p/ ci/?'i"??U?
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
1
fwd
6. IMPACTED OR NEAREST STREAM/RIVER: U GlY
RIVER BASIN: L-
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [i,] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [ ;," IF YES, PROVIDE ACTION I. D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO IF YES,
DESCRIBE ANTICIPATED WORK:
L i Uyt ??l f
'SS /rL f S v? T7 /'Z i t /?
C%?%' ? 1? `161 ! /
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9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: %- ICG7 1?crez)
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
10a. NUMBER OF ACR
V 'e?{6' S
FILLING: -S:hrz ^S
FLOODING:
DRAINAGE : TOTAL ACRES TO BE IMPACTED : v
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOC6TION):
Rlw/' # 11 = /30 1--F v
LENGTH BEFORE'?L-f -?y 2-0Sei)FT AFTER: i? FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER:
ES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
( )c, Ac-. .
-15& /le-; EXCAVATION:
05 At-
OTHER:
AVERAGE DEPTH BEFORE: -3' FT AFTER: 0 FT
(r -
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION:
PLACEMENT OF PIPE IN CHANNEL: _
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
`
OTHER: _ C-e"Ie-';CA S t t =?c A ?
vyk te-A-+ - r C) wy na
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11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): It
ems-
13. PURPOSE OF PROPOSED WORK:
d-
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
(._.(_??/l4L ?E1) f'? ??l'(/°' ? e? ? ?? f ? ?? ?S?l'"I?? ? `?Y-K/"l 1 `'?'1 ?"?Jf 7 \ •"??-/ \
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ ] NO (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [I NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I NO [I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
f. IF APPLICABLE, WHAT IS IPROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (.IN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
?- N
'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
DATE
5
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
February 24, 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: Approximate 246 Acre McAulay Farm Residential Community. Mecklenburg County, North
Carolina - Nationwide Permit #26. #14 #12
Dear Sirs:
On behalf of my client, Mr. Jim Medall, of Rhein Interest, I am providing you with the following information
concerning this well planned development for your consideration. The project site is located in rapidly
developing Huntersville area, north of Charlotte. The site is currently zoned for a residential development.
Current land use in the vicinity are agricultural land, single family subdivisions. The project has been planned
sensitively to preserve the perennial and intermittent streams to the fullest extent feasible. There are
approximately 11,000 if of intermittent and perennial streams (including McDowell Creek and Torrence
Creek, and approximately 3.60 acres of riparian wetlands and jurisdictional ponds. Over 96% of the
important jurisdictional streams on this project have been avoided.
Due to sensitive land planning, stream impacts are primarily confined to only those necessary to implement
necessary road crossings. Clearly defined construction and grading limits will be implemented to minimize
additional impacts as well as to preserve forested buffers to the extent feasible along the streams. The
wetlands in the McDowell Creek and Torrence Creek floodplain will not be impacted. All fill material will be
unpolluted and appropriate measures to control sedimentation and erosion will be employed. Wetlands and
streams which will not be disturbed will be protected during construction from damage due to construction
traffic, drainage and other forms of disturbance.
Bock round
The site within drainage areas of a tributary of McDowell Creek and the Catawba River (Mountain Island
Lake) in the Catawba Basin (Water Classification : WS-IV). The majority of the site is a moderately to
gently sloping ridge to a floodplain. The current adjacent land-use is undeveloped and former agricultural
land in secondary succession and recently developed single family projects.
McAulay Farm, Page 3
February 24, 2000
Wetland Hydrology and Hydric Soils
Wetland hydrology is provided by a seasonal flooding, and from seeps, springs, and surface runoff over a
clayey subsoil found at the toe of slopes where the ridge meets the floodplain. These wetlands can be
classified as Palustrine Forested Broad Leaved, Scrub Shrub, Temporarily to Seasonally Flooded (PFOIA,
PFO1C, PSS1A, and PSSIF). According to Soil Conservation Service, Technical Guide-Section II-A-2,
June 1991, Monacan (Mo) soils are listed as Map Units with inclusions of Hydric Soils in Mecklenburg
County. The wetlands on this site will be found to have very high function and value in regard to water
storage, pollution removal, bank stabilization, aquatic life resources utilizing Guidance for Rating the Values
of Wetlands in North Carolina - Fourth Version. The streams on the site include perennial and intermittent
(except most upper reach)streams that have important aquatic value as determined by the USACE.
Characteristics include persistent pools, riffle and pool complexes (a""special aquatic site"), fish in the lower
portions, amphibians and macro-invertebrates; evidence of wildlife utilizing the stream; and rocky, gravelly,
and sandy channel substrate.
uyarop=ic vegetation
Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and Obligate
Vegetation and include black willow, green ash, willow oak, red maple, sweet gum, alder, silky dogwood,
greenbriar, poison ivy, and others. Herbaceous plants include sedges, needle rush, jewel-weed, and other
typical wetland species.
SUMMARY OF WATERS OF THE U.S.
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hdrophytic vegetation, hydric soil, and wetland
hydrology must be identified as described in the manual. The wetlands map has been used for planning and
potential permitting purposes. Hydrophytic Vegetation has been identified according to the National List of
Plant Species That Occur in Wetlands: Southeast (Re 'oat n 21. US Department of the Interior, Fish and
Wildlife Service.
,SUMMARY OF JURISDICTIONAL WATERS OF U. S.
(Surface Waters McDowell/ Torrence Creek Trib. (±32001f) ± 0.90 ac.
Perennial to Intermittent Streams ( ± 8300 If) ± 0.95 ac.
Intermittent Streams ( ±3001f - unimportant) ± 0.05 ac.
(USACE meeting 8/24/99)
Ponds + 1.10 ac.
Wetlands ± 2.50 ac.
Approximate Total - Waters of the U.S. ± 5.50 ac.
McAulay Farm, Page 4
February 24, 2000
WETLANDS PERMITTING AND M[TIGATION
As depicted on the plans, the layout substantially avoids and minimizes impacts to Jurisdictional Waters of
the U.S. Except for temporary construction and development impacts, the proposed project should not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U.S.
crossings and dams - important streams ± 285 If ± 0.03 ac.
ation provided - see compensatory mitigation)
*al Site Development - unimportant streams ± 300 it ± 0.03 ac.
Wetland impacts ± 0.06 ac.
- NWP #26 ± 585 If ± 0.12 ac.
Crossing-one crossing of one tributary) ± 130 If ±0.03 ac.
(ails utilized to minimize impacts
FAL IMPACTS TO JURISDICTIONAL WATERS ± 715 if ±0.15 ac.
impacts to individual streams over 1501f, 3001'of stream is "animportantlUSACE"
Ming on 8124199)
of McDowell Creek Tributary and small drainageways ±0.03 ac.
Nationwide Permit #3 will be used to repair existing pond dam
Avoidance. Minimization, and Mitigation
- As depicted on the plans, the wetlands and streams areas have been carefully incorporated into the layout
of the site. The stream crossings are as perpendicular as feasible to the stream and/or wetlands to minimize
impacts.
- Except for the functional and necessary wetland and stream crossings and stormwater facility the overall
plan has been designed to retain forested buffers along the wetlands and streams. Therefore the streams and
wetlands remaining on the project site will be enhanced by buffers. Best Management Practices will also be
employed to minimize impacts to Jurisdictional Waters. These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands and streams to be preserved will be clearly marked prior to construction to prevent
McAulay Farm, Page 5
February 24, 2000
accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland
damage not permitted according to plans and specifications. Preconstruction meetings shall be held
if necessary with representatives of the USACE and the NCDWQ.
g) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life, such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
Proposed Compensatory Mitigation
A mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the extent feasible
on this site. Unavoidable impacts to streams and wetlands by_grading areproposed to be mitigated by
retaining undisturbed buffers and extensive open space in the floodplains of McDowell and Torrence
Creek as depicted on the plans There are no impacts to important streams exceeding 150 If / stream
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.
AQUATIC HABITAT
The aquatic systems in the project area consist of wetlands and intermittent tributaries. A variety of wildlife
is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects, mollusks, and
crustaceans. Therefore strict adherence to an approved erosion and sedimentation control plan will be
maintained during the construction period in order to control degradation of water quality downstream and
protect the areas to be preserved. Short term construction impacts, primarily stream sedimentation will
affect aquatic habitat, however this will be minimized to the extent practicable to promote rapid recovery.
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 development of the stormwater detention ponds and littoral zones.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings.
Portions of the site are currently in old field succession and secondary succession. The site is forested and
characterized by heavy overgrowth in open areas including blackberry, honeysuckle, eleagnus, and
ligustrum. An evaluation of the site indicated that the habitat Schweinitz's sunflower is not expected to
occur in the project area.
McAulay Farm, Page 6
February 24, 2000
The Carofina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
does not occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
CULTURAL RESOURCES
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if
sites are indicated on the National Historic Register within the study area.
CONCLUSION
Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive and
creative 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 a beneficial aquatic resource that will help maintain or
minimize degradation of waters of the U.S. downstream of the project and through enhancement of
remaining streams. 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.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Xonard.Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Jim Medall
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