20010948 Ver 1_COMPLETE FILE_20010621

W a T ?RpG
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O -C
November 7, 2001
DW Q# 01-0948
Cabarrus County
Gerald Tannenbaum
Rocky River AIP III, LLC
431 East Horatio Avenue, Suite 210
Maitland, FL, 32757
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Tannenbaum:
This Certification replaces the one issued August 10, 2001. You have our approval, in accordance with the attached conditions, to
place fill in 615 linear feet of intermittent and 195 linear feet of perennial streams and 0.33 acre of wetlands associated with Fuda Creek in
order to construct the Abbington Subdivision in Cabarrus County, as described in your application received by the Division of Water
Quality on June 21, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3288, 3289 and 3287, which can be viewed on our web site at httpJ/h2o.enr.state.nc.us/ncwetlands. This
Certification allows you to use Nationwide Permit Numbers 12, 14 and 39 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. If you change your project, you must
notify us in writing 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 the 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 fisted in the attached certification as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters on the property.
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).
A sample deed notification format can be downloaded from the 401/Wetlands Unit web site;
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. AD measures included in the approved sediment and erosion control plan must be
strictly followed throughout contraction;
If you do not accept any of the conditions of this certification, you may ask for an adudicatory 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 A&niinisbrative 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 tale review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please call Pete C we# in DWO's Mooresville Regional Office at 704663-1699 or John Domey at in Raleigh 919-733-9646.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
North Carolina Division of Water Quality, 401 Wetlands Certifica5on Unit,
1650 Mal Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2250 (Location)
- l 4- *c /..1...-...\ /\1/\'/7 coM /l....\ \. H... //L./1.. ..-.-..?..?.. .. i. .... 1.........H.. r.?../
•.P'.-3v 05 01 01:370 Leonard Rindner
LEONAR6D S. RIINDNER, PWS
704 847 0185 p.l
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax (704) S47-0185
FAX COVER LETTER
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Send To Fax Number : 6A%- Date
To.
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From : 'J ?., l i^ e(;'A.
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Reference:
Remarks/Message.
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Copy: From :
tfov 05 01 01:37p Leonard Rindner 704 947 0195 p.2
08/21/2001 16:45 8958485 PAGE 01
Abbington SUbdivirslcn Latham-Wa14rI m Enggli6soPtng. Inc.
Harr(sburg, NC 8!21!01
impervious Area Calculation: I
Streets. Curb S Gutkw, A Sidewalks-
24,7881.1. street x 36 I,f, 941668 st
24 eul-cis-uecs x 4073 91. Wditionel 97762 sf
13 Intersections (woes counted twice) 16848 sf
Total Area 1022772 of
23.•48 acres
Noome, 392 t owte t + arr unity area (aqulvdl4nt to two jobs - Jots
House foot print 2000 sf
Gerage Soo at
Walks/Patios 500 at
Drives (12 X 50) 600 91
Total 3800 sf x 394 homes = 141 B4W st
32.55198 acres
Total Impervious Area 56.04 acres
Total Site Area 209.497
Percent Impervious 26.75 Percent Impervious
Re: DWQ 01-0948 - Abbington
Subject: Re: DWQ 01-0948 - Abbington
Date: Wed, 22 Aug 200107:16:47 -0400
From: "Todd St. John" <[e-mail]>
Organization: DWQ Wetlands Unit
To: "Leonard S. Rindner" <[e-mail]>
i think any future confusion over this can be solved by filling out Part XI in the
PCN app...
"Leonard S. Rindner" wrote:
> Todd:
> The imperviousness is 26.75$. I'll fax you the engineers breakdown. Would you
> rewrite this one?
> This is showing that any subdivision that is just a little more dense than
> this would require the stormwater treatment facilities.
> "Todd St. John" wrote:
> > what about imperviousness?
> > "Leonard S. Rindner" wrote:
>>>Todd:
> > > This one is also potentially a problem. The 401 also includes a
> > > stormwater management plan with 859 etc. The plan is a single family
> > > subdivision. Less than 2 units/acre with minimum 15,000 sf lots. The
> > > lots are equally spaced around the development.
> > > Pete and I talked about this project during the review process.
> > > The application proposed buffers, spreading drainage over buffers, no
> > > tail-ditching, and creation of wetlands.
> > > In his comments Pete was suggesting that they retain the two ponds. I
> > > think they are open to preserving the lower one as is, with probably
> > > some maintenance for aesthetic purposes - we can then discharge into the
> > > created wetlands. if the lower pond was drained, however, I'm positive
> > > that a very high quality and functional wetland complex would be
> > > created.
> > > Since wet ponds should not be required, I think there should be some
> > > flexibility regarding retaining the ponds based on an assessment of the
> > > dams, liability, and safety issues. I think the owner has been open to
> > > providing minimization measures.
> > > The owner has also modified the plan to protect an upland depression
> > > swamp in common open space - lost approximately 5 lots.
> > > Len
Todd St. John, P.E.
Environmental Engineer II
DWQ
Wetlands Unit
1 of 2 11/5/01 12:06 PN
O?0,? W A T ?qpG
>_ y
1IF
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
August 10, 2001
DWQ# 01-0948
Cabarrus County
Gerald Tannenbaum
Rocky River AIP III, LLC
431 East Horatio Avenue, Suite 210
Maitland, FL, 32757
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Tannenbaum:
You have our approval, in accordance with the attached conditions, to place fill in 615 linear feet of intermittent and 195 linear feet of
perennial streams and 0.33 acre of wetlands associated with Fuda Creek in order to construct the Abbington Subdivision in Cabarrus
County, as described in your application received by the Division of Water Quality on June 21, 2001. After reviewing your application, we
have determined that this fill is covered by General Water Quality Certification Number 3288, 3289 and 3287, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Numbers 12, 14 and 39 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. If you change your project, you must
notify us in writing 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 the 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 as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters on the prop
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 lat
A sample deed notification format can be downloaded from the 401/Wetlands Unit web site;
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
3. An additional condition is that a final, written stormwater management plan incorporating one or both of the existing ponds
(particularly the lower pond) on the property shall be approved in writing 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 facilities, as approved by this Office, shall be constructed and
operational, and the stormwater management plan, as approved by this Office, shall be implemented. The structural stormwater
practices and well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality.
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 call Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or John Dorney at in Raleigh 919-733-9646.
Attachments
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
non 777 4700 /..1.......1 (11/1 - con1 /f....1 I.H...//I.nr. ....r nf..f.. .... ..n /.........1......1../
T
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWO Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
Page 2 of 2
010948
01 0?yz
LEONARD S. RINDN & PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
August 4, 2001.
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Mr. John R. Dorney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Steve Chapin
AUG 9
WETLR''D" G:,'Olla
• u?nTrn no er i e r?., cs:r}?;; : ?
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006

Re: Abbington - Additional Information +209 Acre, Cabgrrus County - NWP #14, #39,,#12
Dear Sirs:
On behalf of my client, Rocky River (Charlotte) AIP III, LLC, I am forwarding additional
information addressing your concerns about the plan.
Sewer line Adjacent to Meandering Creek - Clarification
The plan that was included in the application indicated a very early conceptual sewer line routing.
The proposed line as shown attached will be designed to meet the requirements and conditions of
Nationwide Permit #12. An application will be provided, if required, however it is anticipated that
the design will be designed with the General Certification Conditions.
Upland Depression Swamp Preservation Plan
The developer has responded positively to request for additional protection of these sensitive
habitats. 1 have also reviewed the plan with Jim Matthews of the Habitat Assessment Restoration
Program for the Natural Heritage Program. Based on our conversation, he has endorsed this plan,
and appreciates the developer consideration. They would like to assist the developer with
implementing and maintaining protections.
We are currently addressing concerns of the State Historic Preservation Office, and will work
positively toward resolving these issues. The issues revolve around cemeteries adjacent to the
project site and a stone structure. The first phase of the project is not in the vicinity of these areas,
Abbington, Page 2
August 4, 2001
and the developer is aware of the general conditions in the Nationwide Permits protecting historic
properties.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
fe'onard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Ed Goodwin
Gerald Tannenbaum
Mitch Latham
David Powell
Tim Foley
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SEWER LINE ADJACENT TO CREEK
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UPLAND DEPRESSION SWAMP FOREST 1813
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5077 sf r 124
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15345 at
15542 s1 S I ' 117
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118 .
1 1 a '''Y, 157?? i NO CUTTING OF GRADES
1550 ADJACENT TO WETLANDS
FOREST BUFFER PRESERVE f2e ?
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V? • ADJACENT TO WETLANDS
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UPLAND DEPRESSION SWAMP FOREST,
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14
UPLAND DEPRESSION SWAMP
PRESERVATION PLAN
FOREST BUFFER PRESERVE
MEMORANDUM
TO: John Dorney Regional Contact: Pete Colwell
Non-Discharge Branch WO Supervisor: Rex Gleason
Date: 712412001
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Abbington c% Rockv River AIP III LLC
Project Number 01 0948
Recvd From APP
Received Date 6/21/01 Recvd By Region
Project Type subdivision
County Cabarrus
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F 39 5TH OO ?' O N 1__ 13-17-7-1 F _cF__30,711. 0.33
14 Stream: O Y ®N- 13-17-7-1 r' C? 30,11. 81U.00
12 F-O Y _@N F_F_F_F_F___F_
Mitigation Wetland
MitigationType Type' Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 351802
Longitude (ddmmss) 803812
Comments:
The applicant proposes to develop _a 209 acre tract adjacent to Fuda Greek in southern Gabarrus
County into in single family residentail subdivision. The tract consists of old pastures on the flatter
terrain and mixed hardwood forest on the slopes. Three jurisdictional streams and two farm ponds
are located within the tract. Fuda Creek runs along the northeastern corner of the property. There
are also two unique upland depresional wetlands on the propeEly and some riparian wetlands along
the streams and ponds. The upland depressions are within the hardwood forest and provide
valuable amphibian breeding habitat .
The applicant proposes three streams crossings for roads each less than 150 linear feet of impact.
Wetland impacts of 0.33 acres are proposed for lot fill and one road crossing.
The applicant has also proposed to drain and fill both ponds. The applicant is also proposing to
create 0.5 acre wetland along Fuda Creek,
cc: Regional Office
Central Office Page Number 1
Facility Name Abbington c/o Rocky River AIP III LLC County Cabarrus
Project Number 01 0948
Regional Contact: Pete Colwell
Date: 7/24/2001
Comments (continued from page 1):
The applicant has none a good job of avoiding and minimizingj?pacts, However, the MRO would like
to see a buffer left around the preserved upland wet depressions and would like to see the ponds
retained and used to treat stormwater Stormwater from other areas should be dissipated into
streamside bluffers as stated in the Application.
cc: Regional Office
Central Office Page Number 2
x14948
Abbington
Cabarrus 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 far;
Mr. Gerald Tannenbaum
Rocky River (Charlotte) AIP 111, LLC
431 East Horatio Avenue
Suite 210
Maitland, FL 32757
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-[phone]
Date : 6/01
1

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Office Use Only: 010948 Fo m Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
0 Section 404 Permit
Section 10 Permit
401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 3 / T Z
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Lytfaf'?d JGcnn zr? /yn 1 ?r. G 6y vot&rn,
Mailing Address: r2r v Cr A /P /! ! LL L
7 -T- 1
dw
Telephone Number: P107 --G ZZ -- 8 ?f Oi Fax Number: ?fo'7 -_(a!T± 3 /1 C"
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: or (A.)
Company Affiliation: •? 'r6 4_ j_' ? ' VIP
Mailing Address: 1 Q 1-uvc.
Telephone Number:
E-mail Address Y
Fax Number: 704f 0`f7 016
Page 3 of 12
M. Project Information
0
Attach a vicinity map clearly showing the location of the property , with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USQS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small. scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: bin g 7?or
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
,/yS Nearest Tawn:?
County:
Subdivision name (include phase/lot number): b1&C4rY,
Directions to site (include road numbers, landmarks etc):
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing d use or condition of the site at the time this application:
V/0Oce ra^d _ : - l-V t/ A-Cr'I Lcr S// (k- znq /'Cc'??i.,? --
7. Property size (acres): 20 ,f?-?r Y
8. Nearest body of water (stream/river/sound/ocean/lake): FdGtl 6"6?
9. River Basin: yawtk,ln 9N ,C/
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/niVs/.)
Page 4 of 12
10. Describe the
11. List the type
/ fah
of the rrronosed work: fJl??-
to be used to construct the project:
& /7irr(c z"-'( plc?'J?it /
0
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12. Describe the land use in the vicinity of this project:
!_ L_/
IV.
V.
VI.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.

Future Project Plans
Are any additional permit requests anticipated for this project in the fixture? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application:
Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant msck?'
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and'perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12

1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
3
Type of bmpad* Area of
Impact
acres
to. 0S,
to. /,75 Located within
100-year Floodplain**
no
/40
140 Distance to
Nearest Stream
(linear fleet
f (ooc) (f

(voo f?'
Type of Wetland***

SA.hru?s

e??
o oo ¢ LJrv
to-10 /40 b 1A Zis

« I& enA amnAd s enarartty and identify t emooracv im pac m Impacts include, but are not limited to: me chanized clearing, grading, fill,
-t
excavation, flooding, ditching/dminage, etc. For dams, squ-&dy list impacts due to both structure and flooding.
** 100-Year floodplams are identified though the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-$00-358-9616, or
online at hM://www.fema.gov.
"** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) y.
List the total acreage (estimated) of existing wetlands on the prop4.7.37_ *rze-S ?y 1, l d c?
Total area of wetland impact proposed: f 4)..3 3 c e'-Gs
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)_
1 rc?•c- c,?Qss, + ?' v-r ?.?d? C?? ? 3'- 5' -?r

?P Fill
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tlT' vncl
i- 3
c?m
-

* Last rarh imm& c emrately and identify tempararv impa cts. Impacts include, but are not limited to: culverts and associated
dams (separately list immpacts due to both steuctwe and flooding), relocation (include linear feet before and after, and net 1 gain
stabilbation activities (cement wall, rip-rap, cab wall, gaMons, etc. excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams most be included
** stream names can be found an USGS topographic maps. If a stream has no names list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1400-35&9616, or online at
www.usas.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., wlvw.tO2zone.com,
my%,.mapauest.com, etc.). ( ? t
Cumulative impacts (linear distance in feet) to all streams on site: 61c) 1 ? briar k'°?`x.`'^'
0. t.V__12WQ_ V5
f? 1 1?-4 N At io if- -1-701
klrL& '5+Y-t6,Y-< U^t;4w?
-- 0, ? C' Page 6 of 12 (3 c ro cs r`ss,
iJ1?l'r
00-
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
OFD Water impact
Site Number
indicate on Type of Impact" Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
lake, pond, estuary, sound,
bay, ocean, etc.
r ?a Nis N/h c

dred
' List each impact separately and identify temporary Impacts include, but are not hunted to: fill, excavation, gang,
flooding, drainage, bulkheads, etc.* pq - ,
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 12
V11L Mitigation
0
DWQ - In accordance with 15A NCAC 2Hf .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams,
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for streams restoration
in DWQ's Draft 'technical Guide for Stream Work in North Carolina, available at
hiip://h2o.enr.state.nc.us/ncwetiands/strrngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
r.
Page 8 of 12
0
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hM,-//h2o.enr.state.nc.usharp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: /-?A&
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
DL Environmental Documentation (DWQ Ouly) /4/A-
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes n No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed ]Suffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable, on the accompanying site plan. All buffers must be showw4w a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico); 15A NCAC 2B ,0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Page 9 of 12
4
Identify the square feet and acreage of impact to each zone of the riparian buffers. if buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. Recluired
Zone* Impact
(square Multiplier
Mitig tion
1 3
2 1.5
Total
" Zone I extends out 30 feet perpendicular from new bank of channel; Zane 2 extends an
additional 20 feet from the edge of Zone 1.
X1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (ie., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within I SA NCAC 2B .0242 or.0260.
Stormwater (DWQ Only)
Describe impervious
Discuss stormwater
downstream from the
acreage (bath existing and proposed) versus total
controls proposed in order to protect
the site.
wetlands

XH.
Sewage Disposal (DWQ Only)
v-'J
acreage on
surface waters and
/e Cs A,,o Sts Flo
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
Page 10 of 12
.
X][VV. Other Circumstances (OptionaQ:
It is the applicant's responsibility to submit the application sufficiently ?in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problgms, ax other issues outside of the appli cagt'_s control).
L i i?/i . ii 1 ,N an. j /J /YI/ Lr / -4) /"s/ Kl? C." /?
?0i
ApoicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee lredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln. Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pander
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
Page 11 of 12
LEONARD S. RINDNE% PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
June 18, 2001
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr. John R Dorney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Abbinstton - +209 Acre, Cabarrus Countv - NWP #14, #39
Dear Sirs:
On behalf of my client, Rocky River (Charlotte) AIP 111, LLC, I am requesting authorization to use
Nationwide Permits 14 and 39 to facilitate the development of a residential community. Impacts include
stream crossings and small and limited wetland and stream impacts. Impervious area on the site is less
than 30%. All crossings will be designed to be less than 150 If of stream impact including any required
rip-rap aprons. The remaining stream and wetlands on the site will be preserved within common open
space. Buffers will be retained along the remaining streams to the extent feasible. The buffers will be a
minimum 25' from top of bank although they are expected to be larger in most cases. Storm water will
spread over the buffers and floodplain to fin-ther filter runoff A wetland will be developed in the Fuda
Creek floodplain of approximately 1/2 acre in an open field adjacent to the creek. There will be no direct
tail ditching of storm drainage to the creeks. Project construction will strictly adhere to an approved
Sedimentation and Erosion Control Plan.
General Wetland Classification and Description
Backgrou
The site within drainage areas of perennial and intermittent tributaries of Fuda Creek, a tributary of Back
Creek of the Rocky River Sub-basin of the Yadkin River (Water Classification - C). The majority of the
site is a moderately to steeply sloping ridge. A few upland depression wetlands were also encountered on
the site. The current land-use is undeveloped woodland in secondary succession from agriculture and
timbering activities. The site is adjacent to a cemetery and a stone residential structure was observed.
Description
Wetland Hydrology and Hydric Soils
Abbington, Page 3
June 18, 2001
These wetlands can be classified as Palustrine Forested Broad Leaved, Scrub Shrub, and Emergent
(PFOIA, PFO1C (depressions), PSS1A, and PEMIC. According to the North Carolina Resource
Conservation Service, Technical Guide-Section II-A-2, June 1991, Chewacla (Ch) and probably Iredell
(IrA in the depressions-hydric inclusions) soils are listed as Map Units with inclusions of Hydric Soils in
Cabarrus County. The streams on the site are intermittent and perennial and will likely be confirmed as
having important aquatic value by the USACE. Characteristics include persistent pools, small riffle and
pool complexes (a "special aquatic site") in the perennial streams, fish in the lower portions, amphibians
and macro-invertebrates; evidence of wildlife utilizing the stream; and rocky, gravelly, and sandy channel
substrate. Portions of the intermittent streams were determined to be unimportant.
Hvdroph is Vegetation
Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and
Obligate Vegetation and include black willow, green ash, overcup oak, willow oak, red maple, sweet gum,
alder, silky dogwood, greenbriar, poison ivy, and others. Herbaceous plants include sedges, needle rush,
jewelweed, and other typical wetland species. Sphagnum moss was noted in the depression areas.
SUMMARY OF WAITERS OF THE U.S.
Methodology
Preliminary identification 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.
SUMMAR Y OF JURISDICTIONAL WATERS OFU.S.
Surface Waters Fuda (on site)- Perennial ( + 2,4001f) + 0.44 ac.
Perennial ( + 3,200 10 + 0.36 ac.
Intermittent (+ 83010 + 0.06 ac.
Ponds + 1.61 ac.
Wetlands + 1.90 ac.
Approximate Total - Waters of the U.S. + 4.37 ac.
(including Fuda Creek on Property)
SUMMARY OFIMPACTS
Surface Waters Important - Int. / Perennial (NWP #14 - 3 crossings/
3401f for NCDWQ / 15 if for USACE + 0.02 ac.
Unimportant - Intermittent Stream (NWP #39/
470 if for NCDWQ and USACE + 0.03 ac.
Ponds Drained + 0.00 ac.
Wetlands + 0.33 ac.
Total Impacts + 0.38 ac.
Abbington, Page 4
June 18, 2001
WETLANDS PERMITTING AND MITIGATION
Avoidance. Minimization, and Mitigation
The following avoidance and minimization efforts and measures will also be taken:
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 to be preserved
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/streams to be preserved will be clearly marked prior to construction to prevent
accidental damage. The contractors will be held responsible for unauthorized wetland and stream
damage not permitted according to plans and specifications.
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.
h) 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 Compensatory Mitigation
The remaining stream and wetlands on the site will be preserved within common open space. Buffers will
be retained along the remaining streams to the extent feasible. The buffers will be a minimum 25' from
top of bank. A wetland area will be developed in the floodplain Storm water will spread over the buffers
and floodplain to further filter runoff There will be no direct tail-ditching of storm drainage to the
creeks.
Proposed Compensatory Mitigation
Wetlands
The objective is to restore and create approximately 0.50 acres of periodically saturated and occasionally
flooded emergent to scrub shrub wetlands. This will include developing areas in various forms that 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:
Emergent/Aquatic + 67%
Shrub/Scrub + 33%
Abbington, Page 5
June 18, 2001
Approach
Wetland areas to be created and restored will be graded and backfilled to finish grades with suitable
topsoil/hydric soil and stabilized as necessary to restore the hydrological planting zones and drainage
patterns. 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.
The following hydrological zones are expected to occur within the wetland mitigation areas:
Seasonally: area is inundated or saturated from 12.5-25% of the growing season.
Irregularly: area is inundated or saturated from 5-12.5% of the growing season.
Soil from impacted wetlands will be temporarily stripped and stored for use in lining the wetland site.
The soils that occur in the area include Chewacla Series. Using these existing soils in the proposed
mitigation sites may hasten the development of hydric soil conditions in the wetland mitigation site.
Planting includes a variety of saturation shrub species. Herbaceous materials are expected to significantly
volunteer with the preservation of the existing topsoil on the disturbed site. The planting plan will also
encourage a diverse canopy and mid-story vegetation. The primary criteria that plant selections are based
is the duration of soil saturation. Plant species tolerant of appropriate hydrologic conditions will be
specified in the mitigation areas.
The discharge structures will be stone filter weir structures or berms with gravel filters. This will allow
flexibility to make adjustments and detention of or the removal of excess water until a stable level is
observed. Inputs to the system will include precipitation, surface runoff from the site, and perennial flow
from an off-site spring. It is expected that the wetland area will filter the stream from off-site to help
maintain a healthy lake. Groundwater sources are also likely. The flow will 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
to .5% slope. Small drainage ways and hummocks will be designed to disperse and direct flow and to
create the various hydrological zones. Excess water will be discharged out of the 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. Small obstructions will be strategically placed to make minor adjustments to drainage flow
in order to increase or decrease duration of flooding or saturation.
The planting schedule will include a diversity of water tolerant hardwood tree, scrub/shrub species that are
also high in wildlife value. The planting plan will also encourage strata diversity. All plant material will
be obtained from local sources and no more than 20% of each of the listed species will be used to
encourage diversity. All new plantings will consist of species that are classified as OBL or FACW.
Abbington, Page 6
June 18, 2001
Proposed Planting
Botanical Name
Common Name
Diospyros virginiana Fraxinus pennsylvanica
Persimmon Green Ash
Nyssa sylvatica
Blackgum
Quercus lyrata Quercus michauxii Quercus phellos
Overcup Oak Swamp Chestnut Oak Willow Oak
Quercus shumardii Liriodendron tulipifers Others as acceptable
Shumard's Oak Tulip-Poplar
Scrub/Shrub Zone -Plant List
* No more than 20% of the scrub shrub vegetation to be installed shall be of one species to create diversity.
Botanical Name
Common Name
Alnus serrulata Cephalanthus occidentalis Corpus amomum
Tag Alder Buttonbush Silky Dogwood
Salix sericea Sambucus canadensis Itea virginica
Silky Willow Elderberry Silky Willow
The size of the vegetation will be based on availability and enhance long term survivability. This
information will be provided to the USACE and NCDWQ for verification.
Seeding Specification for Herbaceous and Cover Cron in Wetland Mitigation Sites
Zone 1 - Wetland areas in temporarily saturated soils or subieet to occasional and brief inundation
Dates Types Rate
April I - Jul. 15 Red Top Grass 7 lbs/acre
Smartweed 20 Ibs /acre
Jul. 16 - Sept. 1 Temporary Crop
Jap. Millet or Sorghum 20 lbs /acre
Page 5
(to be followed by permanent mixture)
Sept. 2 - Nov. 1 Smartweed 20 lbs /acre
Red Top Grass 71bs/acre
Nov. 1 - March 31 Temporary Crop 40 lbs /acre
Wheat or Winter Rye
(to be followed by permanent mixture)
Abbington, Page 7
June 18, 2001
Seeding 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 coverage of at least 100 stems per
square meter upon germination. Substitutions 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 the wetland restoration area will be performed to evaluate the relative to the success
criteria. A report will be prepared which summarizes the data collected in the field and to note 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 USAGE and the NCDWQ. The restoration site will be monitored bi-
annually during March/April and again in August/September to measure survival rate, species diversity,
and growth as well as to identify any problems such as upland or invasive wetland species. Invasive
species removal will be as needed and will include the removal of such plants as honeysuckle, poison ivy,
blackberry, rose, kudzu and privet, etc.
Vegetation Success Criteria
Successful scrub/shrub restoration will require 60% or 600 woody stems per acre surviving for five
consecutive years or 75% aerial coverage. Emergent vegetation is expected to naturally volunteer. is
expected that if these criteria are not met, the site will be considered unsuccessful and maintenance will be
needed to provide the required quantity. A monitoring program will be conducted for the bottomland
hardwood, scrub/shrub, and herbaceous communities or until the success criteria is met.
Hydrology Success Criteria
Saturation or inundation for at least 5% to 12.5% of the growing season at lower landscape positions
during average climatic conditions is the target hydrological characteristic. If wetland parameters are
marginal, USACE personnel will be consulted to determine the jurisdictional extent in transition areas.
The data collected during the monitoring period will be used to evaluate the success of the mitigation
sites. The success criteria are as follows:
Coniineency Plan
These vegetative, soil and hydrological characteristics must be met to determine the success of the wetland
restoration. If the restoration is determined to be unsuccessful, one or more of the following contingency
plans will be implemented.
0 Selected reinstallation of vegetation or other maintenance (thinning or removal).
• Extended monitoring periods.
• Hydrological modifications or manipulation, and/or
• Off-site mitigation sites, and/or
• An acceptable alternative form of restoration.
Report Submittal
An "as-built" plan drawing of the area, including initial species compositions by community type and
sample plot locations will be provided after the completion of planting. A review of the actual design,
densities, and quantities will also be included. These will be provided within 60 days of the completion of
the planting. The report will document sample plot locations along with representative photographs
illustrating site conditions. A Final As Built Report will be provided for review and discussion regarding
compliance of the project to determine if further monitoring or modifications are required. The As Built
Report will be submitted within 60 days of the restoration site completion and serves as official notice of
completion.
Protection from Future Development
As required, the wetlands will be protected in perpetuity 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.
These restrictions will be developed for approval from the USACE and/or NCDWQ.
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
and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields,
margins, and forested openings. Based on a site reconnaissance, habitat conducive to support the
Schweinitz's sunflower is not present in the project area. The Carolina heelsplitter is a freshwater mussel,
which prefers shaded areas either, in a ponded portion of a small stream or in runs along steep banks with
moderate current. Primary habitat is 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 not expected to occur on this
site.
CULTURAL RESOURCES
The project site is disturbed from previous agricultural activities. Existing structures include a
contemporary house. 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.
AQUATIC HABITAT
The aquatic systems in the project area consist of tributaries in the Yadkin River Basin. A varietyof
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.
Abbington, Page 9
June 18, 2001
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area and may occur in Culvert Branch. 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. Therefore, strict adherence to an approved erosion and sedimentations control plan will be
maintained during the construction period in order to control degradation of water quality.
CONCLUSION
Based on the value of the jurisdictional waters and wetlands on this site, the developer has chosen. to
balance the site's economic viability with its environmental value and permitability. The goal of the
Mitigation Plan is to help balance the environmental consequences of this development by protecting
existing streams and creating a beneficial aquatic resource that will minimize degradation of waters of the
U.S. downstream of the project. 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.
'LYonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
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Cabarrus Soil and Water Conservation District
716 Cabarrus Avenue, West
Concord, NC 28027-6214
[phone]
MEMORANDUM
TO: Rodger Lentz, Planner
Cabarrus County Planning Services Department
THROUGH: Myra N. Morrison, Chair
Board of Supervisors
FROM: Dennis Testerman, Resource Conservation Specialist
DATE SUBMITTED: 10/20/00 DATE REVIEWED: 12/4/00
NAME OF PLAN: Abbingdon Place SID
LOCATION: Rocky River Road AFFECTED ACRES: 209±
RECEIVING WATERS: Fuda Creek WATERSHED: HU 03040105010050 (NR-4)
PLAN TYPE: x Residential Commercial ,Pond -Road -Other
HYDRIC SOILS: x Yes [Ch, IdA) -No
PERENNIAL OR INTERMIT'T'ENT STREAMS PRESENT: X Yes -No
THE FOLLOWING CHECKED ITEMS ARE )HISSING FROM OUR COPY OF THE PLAN:
Location Map
Legend
x Start & Completion Dates
Soil Type(s) Ch, CuBZ, EnB, IdA, MeB, MeD, PaF, Vab
ONSITE INSPECTION: ?c -Yes No
PLAN COMMENTS:
This site contains two upland depressions that are ephemeral wetlands. The approximate location of these
lots is Lot 129 and Lot 150. These wetlands are included in the Cabarrus County Natural Heritage
Survey and are appip- ed too priority for conserv lion due to th& regional shm4 canoe. The wetlands
are typically flooded from later winter to mid-summer, Areas like these are "magnets" for wildlife,
especially waterfowl and amphibians. Few such sites remain in Cabarrus County. Without considerable
excavation and filling to eliminate the clay layer in the subsoil, these areas would likely present severe
limitations for houses, streets, and yards.
Chewacla, Cullen, Enon, Mecklenburg, and Vance are all prime farmland soils and will be taken out of
production. Development of site will remove existing forestland from production and result in loss of
environmental benefits from fomstland cover. Some of these soils have severe limitations for building
development and roads due to flooding and wetness (Ch, IdA), low strength (Ch, CuR2, En, MeB, MeD, PaF
SITE SURVEY FORM
Geology: my - Metavolcanie Rocks, undivided
mgb - Metagabbro
Soils: CuB2-Cullen clay loam, 2 to 8% slopes, eroded CuD2-Cullen
clay loaln, 8 to 15% slopes, eroded PaF-Pacolet sandy loam,
15 to 35% slopes VaB-Vance sandy loam, 2 to 81/c slopes
MeD- Mecklenburg
Comments on Physical Description:
BIOLOGICAL DESCRIPTION: A: 'T'his site consists of several community types. The majority
of the area is covered by a DAY-MESIC OAK-11IICKORY
FOREST. In places where there are springheads and seepages
at the bases of slopes the community grades into a LOW
ELEVATION SEEP. Also occurring on this site are two
UPLAND DEPRESSION SWAMP FORESTS. lncuded in this
site is a DISTURBED ROADSIDE* community with a
population of Lotus heileri.
B: For the most part this site contains high integrity forest with
well developed canopy, subcanopy, shrub and herb layers.
There is some blowdown damage and evidence of some selective
cutting, but the overall impact has been minimal.
C: Quereus alba, Q. rabra and Carya sp. dominate the canopy.
One of the upland depressions is dominated by Quercus lyrata
and the other is dominated by Q. phollo5 and Liquidambar
styraciflua.
D; This site is bordered by Rocky River Rd., a gab pipeline,
telephone ROW, and farm fields surround the entire area.
E; This site has excellent quality and high integrity.
F: ca. 100 acres.
*note: AlthouEb DISTURBED ROADSIDE communities are
not discussed in Schafale and Weakley, this is the term that best
describes the situation in which the Lotus heileri is found,
The following is a description of the two upland depressions
that occur on this site. They are identified as cnhsC and cnhsD.
The cnhsC depression is approximately 210 x 90 feet in size,
has good overstory cover, and a maximum depth of 15 inches.
Water chemistry characterizations reveal no significant
pollution problems, though the pH measures mildly acidic.
cnbsC is a relatively large, open ponded upland depression with
indications of disturbance. The depression is a4iacent to a gas
line right-of-way and shows evidence of prior use by cattle.
Inundated/ponded conditions are expected to be present
throughout the year givers its basin and water levels during the
time of the assessment Several species of amphibians were
observed utilizing the wetland. Spotted salamander,
Ambystoma maculatum, egg masses were found in abundance.
The chnsD depression is approximately 100 x 25 feet in size,
108
SITE SURVEY FORM
has good overstory cover, and a maximum depth of 9.5 inches.
Water chemistry charactcrizations reveal no significant
pollution problems, though the pH measures slightly acidic
Special Status Species (attach )EORs): Lotus helleri
Potential for other Special Status Species:
Other noteworthy species or features present:
Site integrity. high
Average DB8 of canopy trees:
maximum DBR of canopy trees:
Fire regime: unknown, probably suppressed
Logged (y/n): Yes
Even-aged canopy (y/n): No
xon-native / weedy species present (Y/11): Yes
Ditched/drained (y/u): No
Stream channeUzed (y/n): No
Dredging0liag (y/n): No
Under'story cleared (Y/n): No
Grazing (yin): No
comments on Biological Description: This property has been recently surveyed wbich indicates
possible development, Sample DBH's: Quercus albs 47.4 cm,
Q. coccinea 75.3 ctn. Non-natives present are Lonicera
japonica and Niicrostegium vimineum.
ADJACENT LAND USE: Agriculture, Church, sparse residential
SIGNWICANCE OF SITE: This site contains p high integrity oak-hickory forest with
springheads and two upland depression swamp forests. This is
an important area for breeding amphibians. On the perimeter of
the site Lotus helleri occurrs in the disturbed roadside.
PROTECTION / MANAGEMENT NEEDS: This site was tl purchased by a real estate company and is
DOCUMENTATION, plant specimens have been collected and are on We at UNCC
Herbarium.
PLANT SPECIES LIST: CANOPY: Quercus rubra, Q. alba, Q. marilandica, Q. falcata,
Q. volutina, Q. phelios, Q. coccinea, Carya glabra, C.
I o9
SITE SURVEY FORM
tomentosa, C. carolinae-septentrionalis, Lirodendron tulipifera,
Quercus lyrata, Liquidambar styraciflua
SIJBCANOPY: Junipers vi?giiniana, Corpus florida, Nyssa
sylvatica, Acer rubrurn, Liquidambar sryraciflua, Quercus
marilandica, Carya glabra, Acer barbatum, Ulrnus alata,
Fraxinus americana, Fagus grandifolia, Diospyros virginiana,
Albixzia julibrissin, Carpinus caroliniana
SHRUBS: Sassafras albidum, Prunus serotina, Ligustrurtt
sinense. Morus rbra, Euonymus americanus, Rhododendron
nudiflorum, Asimina triloba, Comus amomum, Carya
cordiformis
14ERBS: Monotropa uniflora, M. hypopithys, Hypericum sp.,
Sanicula sp., Chimaphila maculata, Hexastylis arifolia,
Tipularia discolor, Rudbeckia laciniata, Boehmeria cyli ndrica,
Elephantopus tomentosus, Mimulus ringer, Lycopus sp.,
Elephantopus carolinianus, Desmodium rotundifolium,
Heuehera arnericana, Spiranfts sp., Galium sp., Polygonatum
biflorum, Hypoxis hirsuta var. hirsuta, Salvia lyrala, Carex sp.,
Aureolaria sp., Oxalis sp., Iris efistata, Antennaria
plantaginifolia, Scutellaria integrifolia, Aristolochia serpentaria,
Cimicifuga racemosa, Polymnia uvedalia, Hystrix patula, Lotus
helleri, Sanicula sp., Aoars calamus
VINES: Vitis rotundifolia, Parthenocissus quinquefolia,
Toxicodendron radicans, Campsis radicans, Smilax sp.,
Bignonia capreolata, Mi mia scandens
FERNS: Polystichum acrostiehoides, Asplenium platyueuron,
Bouychiurn virginianum, Selaginella apoda, Woodwardia
areolata, Athyrium asplenioides, Osmunda cinnamomea
,A,Num AL SP1ECIES LIST: Benthic Macroinvortebrates observed:
ORDER / COMMON NAME
Amphipoda / scuds
Coleoptera / water beetles
Decapoda / crayfish and shrimp
Diptera / tnidges, mosquitoes, aquatic gnats and fines
Hemiptera / water bugs
Megaloptera / fishflies, dobsonflies, alderflies
Wows / dragonflies and damselflies
Oligochaeta / aquatic worms
Trichoptera / caddisflies
Other wildlife observed,
Eastern Box Turtle, Terrapene carolina carolina; Frogs;
Spicebush Swallowtail, Papilio troilus,
Ho