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 . OOD
EE BK. 4 4 E2 PG
f ? ?1Cc~ ? ;
F