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HomeMy WebLinkAbout20000258 Ver 1_COMPLETE FILE_20000211May-01-00 05:50P Groat Land Dovsalopmant Co 704 544+2244 P.01 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 Mr. Mane Bennett APPROVAL of 401 Wailer Qtsatlty Cerdfkdion and ADDMONAL CONDTRONS ?Nlllll low NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE30URCes April 10, 2000 Cabarms County DWQ Ptoject 0 000258 '. Great Land Development Co. 10712 Old Wltyside Road Chadotee. NC 24277 Gear Mr Betttselt You have out approval. in aceortkillee with the attached conditions and those listed below, to place fill material in 0.32acres of wetlands and 265 linear feet of Strsanlf for the purpose of developing the Lake Concord Multi-Family site at Lake Cimcord and South Little Texas Ro W as describe) in your application dated Pebruery, l 11. 2000. Aker reviewing yout application, we have decided that this till is covetul by Cknetal Water Quality Certification Numbers 3102 and 7108. Than cdtifications allow you Io use Nationwide Parrrul Number 14 and 26 when the Corps of lngineen issues is. In addition, you should get shy whir federal, state or local permits before you go ahead with your project including Ibut not limited to) Sadimena and Erosion Control, Coastal Sn>nowsteT, Non-Discharge and Water Supply Wsier shad tegirlaligns This approval will expire when the accompanying 404 or CAMA petmtl exphrs unless otherwise specified in the General Carti6easi0214 TMs approval is only vaud for the ptMpose and design that you described in your topplic46011 ext.-ept as modified below. It you change your project, you must notify n and you may be requited to send us a new application. If the property is sold. the new owner must by given a copy of this Certification and approval letter sad a thereby lespowibk for complying with all conditions. If total wetland M6 for this pntj::i (ltOw a t aft fulutW eaoeed one eau eompats story mitigation my be molaamil u described in 15A NCAC 2H.0506 (h) (6) and (71 Fur ihi? approval to be valid, you then follow the eonditiont; listed in the attached certification and any additional conditions listed below I . Deed notifications of similar mechanisms shall be placed on all remaining judidictional wetlands and streams to notify the slate in order to assure complis it a for future wetland m&or water impea. These tnethanisms shall be put in place wtlhan 30 days of the itaW 4A ih,, letter Or the iswanee of the 404 itmMt (whichever is ister). It you du not accept any of the conditiuns of this cenificatioo, you may uk for o s4ja4tcatory hearing. You must act within 611 davs uI the date that you receive this lace. To ask for a hearins, O MW a written petition, which conform to Chapter 1505 of the North Catalina General Statutes to the Offrca of Adininistratbve Hearings, P.O. Box 27447, Raleigh, N.C 27611.7447. This certification and its cnnduions arc final total binding unless you tork for a hearing. This latter completes the review of die Mision of Water Quality under Seeoon 401 of the Clean Water Act. If you have any gaetriens. pleats telephone John Domey at 919-733-9646 n Anwhntant CC: Corps of Frgineets Asheville Field Of - Mooresville DWQ Regional Office F'il's copy central f0s; Todd St. John - J ?W L.tA (tiftdrter )LQ'?Y U Division of Water Quality a Non-Difioharge Branch 1621 Mail Sefvice Center ftaWgh NC 27869-1621 Telephone 419.733-1786 FAX 0 733-9959 An Equal Opportunky A1Brnative Action Employer • SOX recyclOW10% poet emoullter pepeT 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 Mr. Duane Bennett ffl?WAJ NC ENR monk NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 10, 2000 Cabarrus County DWQ Project # 000258 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Great Land Development Co. 10712 Old Wayside Road Charlotte, NC 28277 Dear Mr. Bennett: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.32acres of wetlands and 265 linear feet of streams for the purpose of developing the Lake Concord Multi-Family site at Lake Concord and South Little Texas Road A described in your application dated February 11, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3102 and 3108. These certifications allow you to use Nationwide Permit Number 14 and 26 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be Given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland tills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7) For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. I. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Attachment cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File copy Central Files Todd St. John Len Rindner J Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center Raleigh NC 27669-1621 relephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper A Lake Concord. Multi-Family Residential Development Cabarrus County, North Carolina; Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REOUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared For: Mr. Duane Bennett Great Land Development Company 10712 Old Wayside Road Charlotte, NC 28277 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 846-0461 Flehan Engineering Inc. 5408 Guildbrook Road Charlotte, N.C. 28226 *Subject to verification by the USACE Date : 1/00 1 DEM lb: CORPS -ACTION ID:' NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #); sf CONSTRUCTION NOTIFICATION LICAT.TON FOR NATIONWIDE . APp PERMITS MkT REQUIRE 1) NOTIFICATION TO THE CORFg OF ENG 2) APPLICATION FOR SECTION INFERS 3) COORDINATION 401 CERTIFICATION TE TEM NC DIVISION OF COASTAL MANAGZlMjgT SEND THE ORIGINAL AND FIELD O?•ICE OF TEE (3.) COPY OF THIS C COMPLETED FOR RZ THE APPROPR=ATE (7) M To COPIES SHOULD BESENT TO THEINNECRS AGENCy (SEE AGENCY ADDRESSES SHEET). PLEASE `SEE ON OF ,ADDRES5ES SHEET). SEVEN DIVISION OF ENVIRONMENTAL MANAGE PRINT MENT . 1 • OWNERS NAME : . rd, 2 NLAILING ADDRESS: SUBDIVISION NAME: CITY: ?t- PRO,7ECT STATE:LOCATION ZIP CODE: MAILING LION ADDRESS, INCLUDING ADDRESS ABOVESUBDIVISION NAME (IF DIFFERENT FROM L .3. TELEPHONE NUMMBER (HOME) : -7 4. IF APPLICABLE: GENT'S (WORK) : 7----a= PHONE NUMBER: ??`#'? ?,?, ANAME OR RESPONSIBLE CORPO RATE OFFICIA.I,, ADE)RESS, ?v4n-cr . u. 5. LOCATION OF WORK (PROVIDE A MAP OR PE PHOTOG MAPS PREFERABLY COUNTY: RAPHY WITH SCALE) : A Copy OF USGS TOPOGR.kpHIC NEAREST TOWN OR CITY: V-ar)lr) -L 6 -,r \ C 0 ?rcl I SPECIFIC LOCATION (INCLUDE RO.t NUMBERS, LANDMARKS, ETC.); 6• IMPACTED OR NEAREST. STREAM/RIVER: RIVER BASIN: ?a IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, (SA) , HIGH U.AL,I Q Ty WATERS (HQW) , OUTSTA TIDAL S_OLTW, 'WA SUPPI,Y (WS-1 OR WS-II) ? YES -ND- G RESOURCE WATERS (ORW) WATER [ l NO IF YES, EXPLAIN: 7b• IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION I- OF COAST_ NAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO 7c- IF THE PROJECT IS LOCATED WITHIN A'COASTAL COUNT LIST OF COAST.A.L COUNTIES), WHAT IS THE LAND USE Y SEE PAGE 7 FOR PLAN (LUP) DESIGNATION? H HAVE ANY SECTION 904 PERMITS EEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ) NO r,? PREVIOUS PERMIT AND ANY ?J IF YES, PROVIDE ACTION I.D. NUMBER CERTIFICATION) - ADDITIONAL, INFORMATION (INCLUDE PHOTOCOPY OF 4011 ------------- Sb. ARE ADDITIONAL PERMIT REQUESTS ??mr FUTURE? YES [ ] NO EXP?-'-D FOR THIS PROPERTY IN THE [IF YES, DESCRIBE ANTICIPATED WORK: Da- ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: _ 9b• ESTIMATED TOTAL NUMBER OF AC RES OF WETLANDS LOCATED ON PROJECT ITE: /. Z r?s f, SG A u4 ?f W,e- ?/"f 3 Arr Dml-e 04 ???- -? Lacks 6o(. 10a. NUMBER P : or t`ACf RES OF WETLANDS'IMPACTED BY TH PROPQSE lZt? F A FILLING: tft,ap.? ?L ?-rr O, t2 4w-OS W< ill 4 D PROJECT BY: FLOODING: DRAINAGE: lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROP RELOCATED, PROVIDE DS VE B, H FORE AND AFTER RELOCATION) CT LENGTH BEFORE: I T o AFTER: d WIDTH BEFORE (based on normal high water contours) FT WIDTH AFTER: Q AP-AGE DEPTH ^ Z FT Br ?rORE: (p 21 p FT AFTER: FT (?) STREAM CHANNEL IMPACTS WILL RESULT FROM: OPEN CHANNEL RELOCATION; (CHECK ALL THAT APPLY) PLACEMENT OF PIPE IN CHANNEL: c..r? CHANNEL EXCAVATION: "-'--- CONSTRUCTION OF A D_AM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS r WATERSHED DRAINING TO THE POND?, THE SIZE OF THE WHAT IS THE EXPECTED POND,SURFACE AREA? OTHER: TOTAL ACRES TO BE IMPACTED : 0 Z-- Ac e;_* we. -a-s _ 12• DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : i4t,_f__^ _,C.- ( rata-r" 61L11 13. PURPOSE OF PROPOSED WORK: 3 14. STATE REASONS WHY IT I5 BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE IMPACTS): ANY MEASURES TAKEN TO MINIMIZE WETLAND (n m 25' YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERA? ?_.. (USFWS) AND/OR NATIONAL ADDRESSES SHEET) RE MARINE FISHERIES SERVICE (NMFS ?.CE PROPOSED FOR CARDING THE PRESENCE OF ) (SEE AGENCY' LISTING ENDANGERED OR THREATENED YSPECIES OR LISTED OR TN THE PERMIT AREA THAT MAY BE AFFECTED By THE SPECIES OR CRITICAL HABITAT CONTACTED: HE PROPOSED PROJECT, DATE FROM THESE AGENCIES.) (ATTACH RESPONSES 16• YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PR (SHPO) (SEE AGENCY ADDRESSES ESERVATION OFFICER PROPERTIES IN THE P SHEET) REGARDING THE PRESENCE OF HISTORIC 'EP-MIT AREA WHICH MAY BE AFFECTED PROPOSED PROJECT, DATE CONTACTED: : BY THE 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE PUBLIC (STATE) LAND? USE` OF YES [ ] NO [?1 ( I F NO, GO TO 18) a IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENS DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE POLICY ACT? NORTH CAROLINA ENVIROENT? N^3?NTAL YES [ J NO [ ] b IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NO DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? RTH CAROLINA YES [ ) NO [J IF ANSWER TO 17b IS YES STATE CLEARINGHOUSE TO D THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE COMPLIANCE .WITH THE NORTHVCAROLINA ENVIRONMENTAL po AGEMENT REGARDIN G LILY ACT. QUESTIONS REGARDING THE ST DIRECTED TO .TE CLEARINGHOUSE REVIEW PROCESS SHOULD BE MS, CHRYS BAGGE*TT,'DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 1$ . THE. FOLLOW?N?a- ITEMS SHOULD 'BE INCLUDED WITH THIS APPLICATIphT IF. PR6PoSED ACTIVITY nMOLVES THE DISCHARGE. QF EXCAVATED OR PII,I, .MATEF3Ti?Y, INTO WETLANDS a 9T .Hy DEIINEATIQ:? L?tAP AND PONDS ON THE SHOWING ALL WETLMDS, PROPERTY (FOR NATYONWYOE PERMIT STREAMS, IkA?S.. ? 9, AND 3 8) . L S a gE.AMS (INTEP-MITTENT AND $ERMAMNTERON 1T.Hv pRO:PER .??' MUST BE SHOWN ON Tht MAP. MAP SCALES SdOIILD BE., E¢IIALS S0 1 INCH r NEXT ' dR I INCfi EO'UALS 100 rZET OR 'THEIR fiQLUIVALENT. b- IF AV2.11,hBLE, REPRESENTATIVE PHOTOGRAPH 0p WETLANDS ' IMP.ACTFD BY PROJECT. TO BE G- . IF L)EL:wE2?TION WAS PERFORMED BY A COiJSVL17 NT, SH.ZETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINEIICI.UDE' ALI, DATb, d. ATTACH A COPY OF THE STORMWAT:R MAr7AGEMENx PLAN IF REQtIRE . . e • WHAT IS LAND OSE OF SURp 'ot7NDrNG PROPERTY ? 'r APPI-ICADLE , WHAT ZS PROPOSED METHOD c)F SEWAGE DISPOSAL? o.. SIGNED AN:) DATED. AGENT AUTHCRT T _Z;Tl0N LETTER L> r I r AP _ L I „P:BLE . N02'E: WE TT . AND5 Ofi WATERS OF THr U. S. MAY 1; I55t2AN NOT BE IMPACTED 1?RIOR1 M'. CE., OF A SECTION 404 UORPS OF ENGINEERS PERMIT., E) EITHER THE, ISSUANCE Ok 7TH TV-LR OF A 40Y . . ENVIRO2a2-Y^NTpY )?3ANAGFMENT D IVIS I. ON OF (WATER QUALITY) CERTIFICAT. 3) (IN TIC TWENTY COASTAL C0i1NTIZ:S ON, _ NORTH CAROLINA. DIVISION OF CO?STn,Z MANAGEMET?STATI2NG?0N 'AND H ROPfl ACTIVITY Is CONSISTENT WITH TF.Z NORTH PROGRAM CAROLINA COA.;TAI, X21 ED;, OWNER' S /AGENT ? S SIGNATURE DATE (AGENT S SIGNATURE vALT D ONLY IF AUTHORZZATTON LETTER FROM THE Ow?vE? ?, P?;?JvID?r? (?.eg., ? LEONARD RiNDNER PW.Q Environmental Planning Consultant Professional Wetland Scientist 3714 Spokeshave Lane Land Planning Matthews, NC 28105 (704) 846-0461 January 30, 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: I 4lcit a Concord M-ult: Fam;ly csidentimi Develo North Carolina _?at?onw?de Permlt #14. #26 pment- - ± 23.9 Acre S;tP AhArrue County, Dear Sirs; On behalf of my client, Mr. Duane Bennett of Great Land Development Company, I am providing you with the following information concerning this development for your consideration. The project site is located in rapidly developing Cabarrus County, NC. Current land use in the vicinity is developing single family subdivisions and schools. There are approximately 1.20 acres of jurisdictional surface waters and wetlands on the project site. Impacts have been minimized to necessary road crossings and minor fill areas to facilitate the development. Impacts to an important stream will not exceed 150 If. To verify avoidance and minimization of impacts to wetlands adjacent to Concord Lake, the rear development line was surveyed to confirm that there is no encroachment into these significant wetland areas. 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. Large areas of contiguous wetlands will be preserved and remain undisturbed. The preserved wetlands and streams will be protected by restrictive covenants and the hydrology will be maintained and enhanced by utilizing the stormdrainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic life value. SUMMARY OF WATERS OF THE U.S. Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA Soil Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland hydrology were be identified as described in the manual. Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Page 2, January 30, 2000 General VGetland lassification and D scripl;n., The wetlands on this site can be describe as Palustrine Forested Broad - Leaved and Scruib and Seasonally Flooded and Emergent. The site is within a drainage area of unnamed headwater trributa utaries of Cold Water Creek. (Lake Concord). Vegetation The wetland areas are dominated by Facultative Wet and Obligate species. Trees include green ash, alder, willow oak, willow, and others. Understory and herbaceous strata includes silky dogwood, alder, spicebush, hibiscus, smilax, microstegium, sedges, soft rush, poison ivy, jewelweed, and aquatic vegetation. HIdric Soils The site includes Chewacla (Ch) soils. These soils are map units which may have inclusions of hydric soils according to the Soil Conservation Service (now Natural Resource Conservation Service), Technical Guide-Section II-A-2, June 1991. d to The wetland areas on this site are the result of a surface runoff, and a high seasonal water table over a clayey subsoil. sUMIraRY Surface Waters Intermittent and Perennial tributaries ± 25601f (important) ±0.34 acres Wetlands ±0.86 acres Approximate Total - Waters of the U.S. ±1.20 acres Results of PEClimiuarv Discussions with 1 A E and thr NCDWQ Based on a review of the site and discussions with the USACE, avoidance of the important perennial/ intermittent streams with adjacent wetlands have been minimized to the extent feasible. The USACE also suggested along with NCDWQ that impacts to wetland areas adjacent to the lake be avoided. The wetlands adjacent to streams and surface waters achieved a hign score utilizing Guidance for Rating the Values of Wetlands in North Carolina - Fourth Version. The values are derived primarily from water storage, pollution removal, and bank stabilization. The USACE also suggested that buffers be considered as a part of the mitigation plan. PROPOSED IMPACTS Impacts to Jurisdictional Waters on this site have been avoided and/or minimized to the extent feasible. Impacts to wetlands are limited to the following: Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Page 2, January 30, 2000 S HMA U Q IMPACT, Lake Concord and adjacent wetlands ±0.00 acres Nationwide Permit #26 Surface Waters Intermittent and Perennial tributaries ± 145 If (important) by NWP 26 +0.02 acres Wetlands NWP #26 ±0.20 acres Total - NWP #26 ±0.22 acres Nationwide Permit #14 Surface Waters Intermittent and Perennial tributaries ± 120 If (important) by NWP 14 ±0.02 acres Wetlands NWP #14 ±0.12 acres Total - NWP #14 ±0.14 acres Total Impacts to wetlands proposed ±0.3Z acres There are no stream impacts greater than ISO Y 'to a particular stream WETLANDS PERMITTING AND MITIGATION Preliminary planning for the project involved site analysis and consideration of environmental, economic and regulatory issues. Topography, natural features and systems, circulation, site organization, open space, development requirements, and environmental issues were considerations in designing the overall plan. Minimization measures were developed based on discussions with the USACE and NCDWQ. The plan and commitments made in this report reflect a positive response to the preliminary discussions, determinations, and concerns of the regulatory agencies. 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 Minimization, and Mitig to ion 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. Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Page 2, January 30, 2000 fl Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland damage not permitted according to plans and specifications. g) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to promote rapid recovery. h) 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. i) 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. Propose pm0 n R MMft=;nn 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 g,pa, of this plan is to preserve, protect and the extents of the existing wetlands and streams to be saved through enhancement by buffers and best management practices to minimize construction impacts. Establishing and maintaining a natural, forested, low maintenance ecosystem are valuable in reducing the volume of runoff, and thereby reduce erosion and pollutants (such as nutrients) coming from an area of more intensive land use (such as lawns and landscaping) to a water body. The reduction of erosion and pollutants occurs through natural mechanisms such as deposition, infiltration, adsorption, absorption, filtration, and decomposition. 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. Development of these areas will be deed restricted in accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ. Restrictive Covenants will include the following information: The area shall remain in its natural condition in perpetuity Prohibition of the placement of utilities, filling, dredging, construction, or other activities, unless approved. THREATENED AND ENDANGERED SPECIES Federally listed plant and animal species with endangered or threatened status are protected under the Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower (Helianthus schweinitzii). Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings. Portions of the site are currently in extremely dense succession due to recent clearcutting. The remaining areas are currently forested. Based on an overall evaluation, the site does not appear conducive to the habitat or presence of Schweinitz's sunflower. CULTURAL. RESOURCES The project site is disturbed from clearcuttiing, grading, and agricultural activities and is in early succession. According to a 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 no sites were indicated on the National Historic Register within the study area. There were no existing structures found on the site. Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Page 2, January 30, 2000 AQUATIC HABITAT 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. 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 restoring and 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 and 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 consideration. *nc indner, PWSal Planning Consultant NC Landscape Architect #578 cc: Mr. Duane Bennett Great Land Development Company 10712 Old Wayside Road Charlotte, NC 28277 ?+'` a• to 5 N'l 4m IF • .cr, b 0 , s ` r rt ? ?I f ? r9 r` . d ?3'a y, A ?l'I .? f r rl 7' ,fir •,, ,,tt Ek?' • ?n\; \13 :, r. ? f -... •+Fdr ?IAY??ti? ?. . i, 9? ¢???` • '7 bSi a.! D 151 ?11 646 •?? n ?- _ ??J\? 1 Fat .?('??\? i ? 660 ?"r + J A /X UT1co1% 1Jl f (61 39 o er?U11 ?._,'? CvIPUBNh?; ; " ' ' j/????' ?? u.? • rr , 3924 le p v ?V ' rR13011 _ ?•' ••?1 >? . ?- `\? ?•. • ? /J •:1 •1, ^-? ?. \ ? -H : \ l/? L;? ? ?•?_-,?1 : ?/ gel "` i i II?,.. ?. • ?.? S ai ? 'y; \?'1 : ? (_''I ? ! ? , // )?; ^- _=- -'??6s? ? • Y ? ? ?PE!>NIA d ' 3923 ..$? ?\ o?`\Ei _ -? o\ F J ' ?\ L/'rl _ ( ??'S (? /! I `i - •? ?x ' P Ix- we r \ IN, USGS MAP-CONCORD I it ? I?r . ,fir.. ? .. LOCATION MAP Z k ° W LL k W O N, ? j W K CL CL o. 0 W W N W w a Q Q J F- W 3 I?i LL J O 0 ' fl CL -- 3!1 W Q ?. ?a g O s? Q„ m ?y 6 lL _$ G n? ? .tb? erns F ?M4 yyy 7 E b ? 41 Zp3?tlal T ???^ b3?m ??` ? F? ???, 3 F ?}o ?E ?ro -- L n. c>?g? ..'iw 9 V1 w= ? W W CL >W a J ,o ? Y=3 >'?gY Q Q W ? t x m ?a W lie t g? ¢ Z _J m 4 N 1 6 7 6 1 v j HH 1-2 DOES NOTrCLOSE Gully. -.. i ,' PP 1-9 I 7 2B.,; t w 1-10 718.3 SS 1-7 VVW 1-5 f, ' YY 1-5 i' 30 RMPLY ?- Q =R QUIREMENtS ,- l- ±-d? - - ?? !? ?'" EE 1-12 r XX 1-7 r TT 1 _ 6 r; ILL5/ Af=>AfRT/?,??' `t TOTAL AREA\\= 30.21 ACRD'4,?,1,)i 6j1/r ?U,RHAMI.,-?•- IMPERVIOUS AREA = 16 ACRES f frg?r' 6,6 561 --PG. 156 1 r..3 ACRE \6PA TMENT ? T' b SF) f l 5276 LF ROADe ® 32' WIDE,/ f / TOTAL,, ?'f ' $3 xS a,0 ? ftr g?, PERCENT IMPERVIOUfS = 70% f, ° l (922,,420/1,315,651 DR SURVEY AND STUDY PURPOSES ONLY / if i :JBJECT TO U.S.A.C.E. VERIFICATION / ' 1 APPROXIMATE MAP CABARRU? COUNTY "= f WATERS OF THE U.S. DEED BK? 1442 PG. 99 ?- ; ? i YO cy RR 1- 6 D1-13 13 -" "' DOES NOT CLOSE -Z,A NITVAI L0MAS L DE?D? BK 4 I WILLI ! SK L ? EEL /B 1 PG AR A . 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