20010282 Ver 1_COMPLETE FILE_20010225

mitigation request
Subject: mitigation request
Date: Wed, 18 Apr 2001 14:34:39 -0400
From: Jeff Jurek <[e-mail]>
Organization: NC Wetlands Restoration Program-DENR
To: Peter Colwell <[e-mail]>, Rob Ridings <rob.ridings @ncmail.net>
The purpose of this email is to notify you of the North Carolina
Wetlands
Restoration Program's (NCWRP) intention to accept payment into the
Wetland
Restoration Fund for compensatory mitigation for stream/wetland impacts
for
the following project:
Project name: Simpson Place
River Basin: Yadkin
8digit catalog unit: 03040105
County: Mecklenburg
DWQ Project # (if known): 010282
COE Project # (if known): 200130609, 200130610
CAMA Project # (if known):
Wetland impact:
Stream impact: 270 ft
Wetland mitigation:
Stream mitigation: up to 540 ft
If for any reason you feel that the NCWRP should not accept payment for
the
above project, please notify me (Jeff Jurek) by email or phone 919
733-5316
within 5 working days upon receipt of this message. If no response is
received within 5 working days, NCWRP assumes you concur with this
payment.
Jeff Jurek <[e-mail]>
1 of 1 4/24/01 12:42 PN
F WATF
\O?? 9oG Michael F. Easley
Governor
Cq r Sherri Evans-Stanton, Acting Secretary
>_ I Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
April 2, 2001
DWQ Project # 010282
Mecklenburg County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. N.A. Mathisen
The Mathisen Co.
6208 Craft Circle, Ste 230
Indian Trail, NC 28079
Dear Mr. Mathisen:
The Division of Water Quality has reviewed your plans for the discharge of fill
material into 270 linear feet of streams located at Simpson Place in Mecklenburg County
for residential development, as you described in you application dated February 22, 2001.
Insufficient evidence is present in our files to conclude that your project must be built as
planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore,
unless modifications of the proposal are made as described below, we will have to move
toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will
place this project on hold as incomplete until we receive this additional information, we
are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
This project will require compensatory mitigation as described in 15A NCAC 2H
.0506(h). Your mitigation proposal is insufficient because you propose to use the NC
Wetlands Restoration Program for the mitigation. However the WRP has not been
contacted to determine if they are willing to accept this responsibility.
Please respond within three weeks of the date of this letter by sending a copy of
this information to me and one copy to Pete Colwell, Mooresville Regional Office at
[phone]. If we do not hear from you in three weeks, we will assume that you no
longer want to pursue this project and we will consider the project as withdrawn. I can be
reached at 919-733-9646 if you have any questions.

cc:
Mooresville DWQ Regional Office
Asheville Field Office Corps of Engineers
Central Files
File Copy
Len Rindner
Jeff Jurek; WRP
0??
fV?DENR
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Wetlands/401 Unit: [phone]
Fax: [phone]
\o??F v ? h /E9OG
O -?
Michael F. Easley
Governor
William G. Ross,Jr.Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
, Wetlands/401 Unit
Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650
Contact Information: General 919-733-1786 Fax: [phone]
Fax To: 4Q?- Fax Number:
Company: Date:
From:'?- Phone:
No. Of Pages including cover sheet:
Notes or special instructions:
-------------- ------------
WEX
NCDENR
Division of Water Quality
Wetlands/401 Unit: [phone]
Fax: [phone]
2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260
[Fwd: 401's] - Simpson Place
Subject: [Fwd: 401's] - Simpson Place
Date: Mon, 09 Apr 2001 10:09:47 -0400
From: Leonard Rindner <[e-mail]>
To: Cyndi Karoly <[e-mail]>, Peter Colwell <[e-mail]>
Cyndi:
I don't have the DWQ # on this project - Simpson Place, Mathisen
Company, Mecklenburg County.
I anticipated the comments and expressed them to the developer. However
Duke Power will not allow an intersection under a powerline to try an
avoid the second road crossing. Both crossings are under a powerline.
The developer would have rather had only one. He tried. I tried to do
several overlays and alternatives to see if we could avoid the second
crossing. It can't be done without another intersection in the
powerline. I provided the additional information to Pete and faxed info
to the Raleigh office.
The existing stub road which is just outside the Duke Power
right-of-way (for the same reason) is the only access to the property.
There is an existing developed lot adjacent to the stub road and it is
not part of this project. The property would be landlocked and his only
alternative would be to spend an incredible amount of money on a
bottomless culvert. Mitigation is provided with buffers on the remaining
creeks and the WRP is proposed for the unavoidable stream impacts under
the powerlines.
Is there any other minimization measure that can be provided to mitigate
for the two road crossings being so close together - perhaps a wetland
area in the disturbed powerline area between the two road crossings?
Len
Subject: Re: 401's
Date: Mon, 09 Apr 200109:20:20 -0400
From: Rob Ridings <[e-mail]>
Organization: NC DWQ
To: Leonard Rindner <[e-mail]>
from what i can tell from the file, cyndi triaged it to be sent to the Regional office. they submitted
comments back and a More info/on hold letter was sent April 2 signed by john dorney.
Leonard Rindner wrote:
Rob:
Who is the reviewer for Simpson Place? Cyndi?
Rob Ridings wrote:
Len:
1 of 2 4/9/01 10:11 AN
[Fwd: 401's] - Simpson Place
Simpson Place has not been approved, it's on hold.
Templeton has been faxed to you.
rob
Leonard Rindner wrote:
Rob:
Has Simpson Place been approved. Can I get a copy of the 401.
Also I need a copy of the 401 for Templeton Road Project, Dienst Enterprises, Iredell County - date±
11/00 to 12/00. Could you fax this one. 704-847-0185.
Thanks. Len
Robert Ridings <[e-mail]>
2 of 2 4/9/01 10:11 AN
[Fwd: 401's]
SubJject: [Fwd: 4011s
]
Date: Mon, 09 Apr 200109:53:01 -0400
From: Peter Colwell <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: cyndi karoly <[e-mail]>, John Dorney <[e-mail]>
Len R. is very concerned about why Simpson Place was placed on hold. I
have not seen thw "on Hold" letter yet so I could not explain why. My
comments said it could be issued, although I had some reservations.
Could you send me a copy of the on hold letter and tell me why it was
placed on hold.
How is Beth doing?
Thanks
Pete
Pete Colwell - [e-mail]
%TITLE%
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
919 N. Main St.
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
Subject: Re: 401's
Date: Mon, 09 Apr 200109:15:35 -0400
From: Leonard Rindner <[e-mail]>
To: Rob Ridings <[e-mail]>, Peter Colwell <[e-mail]>
Rob:
Who is the reviewer for Simpson Place? Cyndi?
Rob Ridings wrote:
Len:
Simpson Place has not been approved, it's on hold.
Templeton has been faxed to you.
rob
Leonard Rindner wrote:
Rob:
Has Simpson Place been approved. Can I get a copy of the 401.
Also I need a copy of the 401 for Templeton Road Project, Dienst Enterprises, Iredell County - date±
11/00 to 12/00. Could you fax this one. 704-847-0185.
1 of 2 4/9/019:59 AN
[Fwd: 401's]
Thanks. Len
-1--l-1-1 . -- .......... ...- -- - --
Pete Colwell <[e-mail]>
%TITLE%
NC DENR - Mooresville
Div. of Water Quality
2 of 2 4/9/019:59 AN

LEONARD S. RINDNER. PW S
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
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The Mathisen Company
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From: Raymond E Williams Jr <[e-mail]>
To: <[e-mail]>
Sent: Wednesday, August 02, 2000 7:53 AM
Attach: RWRestrictions(12-98).doc; ROW Approved Plantings.doc
Subject: To Chris Mathisen, Re: Simpson Place @ Withrow Downs
Mr Mathisen,
I have reviewed the sketch map 6, dated 7-13-00 for
Simpson Place at Withrow Downs. At this time Duke Energy has no objections to
this layout as it relates to our 150' R/W. However, we will need to review a
full set of drawings, when avaliable, as they relate to the high voltage
easement.
If any further questions arise, please feel free to contact me @ 704-382-2664.
(See attached file: RWRestrictions(12-98).doc) (See
attached file: ROW Approved Plantings.doc)
Ed Williams, R/W Asset Protection
DUKE ELECTRIC TRANSMISSION
RIGHTS OF WAY RESTRICTIONS
This list of rights of way restrictions has been developed to answer the most often asked questions about
property owner use of transmission rights of way. This list does not cover all restrictions or all possible
situations and you should contact Duke Electric Transmission if you have additional concerns about the
rights of way. This list of restrictions is subject to changes at any time and without notice. Duke Electric
Transmission shall not relinquish any of its rights conveyed by the rights of way agreement. All activity
within the rights of way shall be reviewed by a Transmission right-of-way specialist.
Structures, buildings, mobile homes and trailers, satellite signal receiver systems and equipment, swimming
pools and associated equipment, human graves, billboards, signs, wells, septic tanks or septic systems,
absorption pits, storage tanks (both above and below ground), garbage, trash, rubble, flammable material,
building material, junk and wrecked or disabled vehicles are not allowed within the rights of way limits.
Fences shall not be attached to poles or towers. Fences shall be installed at least 10 feet from poles or
towers and shall not exceed 10 feet in height. Fences shall not parallel the centerline within the rights of
way but may cross at any angle not less than 30 degrees with centerline. If a fence crosses the rights of way,
a gate shall be installed by the property owner per Duke's specifications to allow free access required by
Duke equipment.
Contact Duke Electric Transmission before grading or filling on the rights of way. Grading shall be at least
20 feet from a pole or tower leg, and slope shall not exceed 3:1 on the rights of way. Grading or filling
within the rights of way or near a structure, which will prevent free access, will not be permitted.
Sedimentation control, including re-vegetation, is required per state regulations.
Streets, roads, driveways, sewer lines, water lines, or any underground facilities shall not parallel the center
line within the rights of way, but may cross at any angle not less than 30 degrees with the center line and
cross no closer than 20 feet to any structure. Manholes and underground vaults within the rights of way
limits must be approved by Duke Electric Transmission before installation.
Contact Duke Electric Transmission before installing any overhead or underground utilities, e.g. power, gas,
telephone, cablevision, etc.
Any drainage ditch that allows water to pond or to cause erosion around a structure is prohibited.
Contact Duke Electric Transmission prior to the construction of lakes or ponds within the rights of way
limits.
Duke Electric Transmission does not recommend the practice of using the area under transmission lines for
parking, but will not object if the following restrictions are followed:
A barrier, sufficient to withstand a 15 MPH vehicular impact, shall be erected by the party constructing the
parking area to protect the pole or tower. The barrier shall be located in such a manner as to restrict parking
to at least 5 feet from the structure.
Any access areas, entrances, or exits shall cross the rights of way at or near right angles to the centerline,
and shall not pass within 20 feet of any structure.
Lighting structures higher than 15 feet are not allowed within the rights of way limits.
Signs and other attachments to Duke Electric Transmission structures are prohibited.
Duke Electric Transmission will not object to certain beautification as long as they do not interfere with the
existing structures or interfere with access to structures.
Any plants within the rights of way such as flowering shrubs, bushes, hedges, or low growing species must
not exceed 15 feet in height at maturity.
b. Trees are not allowed within the rights of way limits.
Duke Electric Transmission may exercise the right to cut danger trees outside the rights of way limits as
granted by the rights of way agreement and as required to properly maintain and operate the transmission
line.
We hope this is useful information. If additional questions arise, or if you plan anything not covered above,
please contact
Transmission right-of-way specialist at telephone number
PLANT MATERIALS THAT CAN BE PLANTED ON DUKE ELECTRIC TRANSMISSION
RIGHTS-OF-WAY
Plant materials that exceed 15-feet in height are not to be planted on Duke Electric Transmission Rights-of-
Way in order to protect the public as well as reliability of the lines. The following list of plants generally
do not exceed 15-feet in height in the service area of Duke Electric Transmission under the environmental
conditions that exist on our rights-of-way. Even though they are on this list, if over years they exceed the
15-foot limit, they will be subject to removal. This is not an all conclusive list.
Note that some species have cultivars that exceed 15-feet and some that will not.
Botanical Name Common Name
Acer ginnala Amur Maple
Acer palmatum (selected cultivars) Japanese Maple
Acer tataricum
Aesculus parvifolia Bottlebrush Buckeye
Amelanchier canadensis Serviceberry
Ternstroemai (Cleyera) japonica Japanese Cleyera
Camellia japonica Camellia
Camellia sasanqua Sasanqua
Conus mas Cornelian Cherry
Corylopsis glabescens Fragrant Winterhazel
Corylus americana American Filbert
Cotinus coggygria Common Smoketree
Cyrilla recemiflora Swamp Cyrilla
Elaeagnus pungens Thorny Elaeagnus
Elaeagnus angustifolia Russian Tea-Olive
Euyonymus alatus Winged Euonymous
Exochorda racemosa Pearlbush
Franklinia alatamaha Franklin Tree
Hamamelis mollis Chinese Witchhazel
Hamamelis vernalis Vernal Witchhazel
Hibiscus syriacus Rose-of-Sharon
Hydrangea paniculata Panicle Hydrangea
Hydrangea quercifolia Oak-leafed Hydrangea
Ilex cornuta burfordi nana Dwarf Burford Holly
Ilex crenata Japanese Holly
Ilex decidua Possumhaw
Ilex verticillata Winterberry
Ilex vomitoria Yaupon
Juniperus chinensis `Hetzi' Hetzi Juniper
Kolkwitzia amabilis Beautybush
Laburnum x watereri Goldenchain Tree
Lagerstroemia india (cultivars under 15-ft) Crepe Myrtle
Ligustrum japonicum Japanese Privette
Loropetallum chinense Loropetallum
Magnolia stellata (cultivars under 15-ft) Star Magnolia
Magnolia soulangeana (cultivars under 15-ft) Saucer Magnolia
Myrica cerifera Wax Myrtle
Prunus `Holly Jolivette' Holly Jolivette Flowering Cherry
Prunus mume Japanese Flowering Apricot
Prunus x incamp `Okame' Okame Cherry
Punica granatum
Syringa vulgaris
Viburnum burkwoodi
Viburnum dilatatum
Viburnum farreri
Viburnum japonicum
Viburnum plicatum var. tomentosum
Viburnum prunifolium
Viburnum rhytidophylloides
Viburnum rhytidophyllum
Viburnum sargenti
Viburnum tinus
Vitex agnus-castus
Vitex negundo
Xanthoceras sorbifolium
Pomegranate
Common Lilac
Burkwood Viburnum
Linden Viburnum
Fragrant Viburnum
Japanese Viburnum
Doublefile Viburnum
Blackhaw Viburnum
Lantanaphyllum Viburnum
Leatherleaf Viburnum
Sargent's Viburnum
Lauristinus Viburnum
Chastetree
Chasetree
Yellowhorn
Crepe Myrtle Cultivars That Generally Do Not Exceed 15-Feet Height
Acoma Osage
Apalachee Pecos
Caddo Sioux
Comanche Tonto
Hopi Yuma
Lipan Zuni
Lrs99
fj 1®z82
Simpson Place
Residential Community
Charlotte,
Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. N.A. Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
1-704-882-1193
By :
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105 ?
1-[phone] R E C E ? V E D
*Subject to verification by the USACE & NCDWQ L V
Date : 2/01
82
2
DEM ID: (31 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TEE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL bMXAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(.7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAMET- kC 154-*-
2. MAILING ADDRESS:
402o S 6x;e, p+ (
CITY: `h ( o'e., STATE : -
er.1 c. , 5 vi-ti, 7,50
SUBDIVISION NAME: QQ
I'"V ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS A VE):
45 1 rV1 n...? Ct c.?
3. TELEPHONE NUMBER (HOME) : (WORK) : [?
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
.A VI M44-? 1 se.0, .
5
MAP . LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
COUNTY: AER PHPTpR?pHY WITH SCALE)
NEAREST TOWN OR CITY: 1

SPECIFIC LOCATION (INCLUDE ROAD
"NUMBERS, LANDMARKS, ETC.): gad X01uw

6. IMPACTED OR NEAREST STREAM/RIVER :
RIVER BASIN: _ '[4_d k-lh
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)? YES [ ] NO [ ] IF YES, EXPLAIN:
7b. -IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS ? BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [ ,Y IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [?'T IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:. 2
9b. ESTIMATED TOTAL NUMBER 'OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
f
C? 2?oa I
2

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
O • G?GNG? S?Y-cR
FILLING: Jt MAS
EXCAVATION:
-to. to dcr-C4 vadg4' .oks
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED:

10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DI T?vCE BOTH FORE
HW P . ot„ - 10*11 AND AFTER RELOCATION):
D
LENGTH BEFORE: NW rA t2g -•?01" FT AFTER: O
FT
WIDTH BEFORE (based on normal high water contours): Gad FT
WIDTH AFTER: rO
FT

AVERAGE DEPTH BEFORE : i
'? ?,t •?
FT AFTER: 0
FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLA CEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: ° 1/2" X 11" DRAWINGS
ONLY):
13. PURPOSE OF PROPOSED WORK:

3
14. STATE REASONS WHY IT IS BELIEVED THAT.THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) :
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] Ni?-?f [] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES ( ] NO [ ]
b: IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD Ba
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
Jon 22 01 10:40p Leonard Rindner
7U4 947 0195 p.7
18. THE FCLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION XkP SHOWING ALL WETLANDS, STREAMS, LIKES
-AND PCNAS ON THE PROPERTY (FOR NATTONWZDE 2ERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STRE MS (INTERM:CTTZNT AHr PERYAM;ENT) ON THE PROPERTY
= BE SHOWN ON THE MAP. MAP SCALES SHO'ZD SE 1 INCH EQUALS SO FEET OR
INCH _QUALS 100 BEET OR THEIR EQUIVALENT.
t. 'IF AVAILABLE, REPRES£NTATIV£ PHOTOGRAPH CF WETLANDS TO BE
IMPA:ZED BY PRCJ-mCT.
C. IF DE=INEAT=ON WAS PER?ORMEL BY A CONSULTANT, T_1:CLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT Or THE DELINEATION LINt.
ATTACH A COPY OF THE STORMWATER 14ANAGENEVT PL?LV I? REIOUIRF.D.
e. WHATi IS LAND USE OF STJRRGUNDING PROPERTY?
1
f. II' AP?LICArzLE, WHAT IS ?RCPOSES METHOD OF SEWAGE DISPOSAL?
A ILA `i -? cam,.. -- C.h'i to m
g. SIGNED AND DLTIC AGENT AUT-iCR=ZATIOV LETTER, IF APPLI:LZLE.
NOTE: WETLM:)S OR WAT.-PS OF THE U.6. t.AY• NCT SZ IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTI71CATION, AND
3) (1W TFAE Tf?? :VTY COA,SI'AZ COUNTIES 09L1) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEHZNT STATING THE PROPOSED
ACTIVITY ?'6 CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEL?TNT
PROGRAM.
OWNER' S, -G£NT' S 5=GNA.TURE
;X?,l/,ql
D -LE
;AGENT'S S I GNATURZ VAL= ONLY
F AUTHORIZATION LETTER 'ROM
THE OWNER IS PROVI'D.IE; (18g.) '.
5
LEONARD S. RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
February 7, 2001
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. Pete Colwell
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: 30.20 Acre Simason Place Residential Community Mecklenbura County, North Carolina -
Nationwide Permit #39, #14, #12
Dear Sirs:
On behalf of my client, Mr. N.A. Mathisen of The Mathisen Company, I am providing you with the
following information concerning this well planned development for your consideration. The project site
is located in rapidly developing northeast area of Charlotte. Current land use in the vicinity is agricultural
land, single family subdivisions, and industrial areas. The project has been planned sensitively to preserve
the perennial and intermittent streams to the fullest extent feasible. There are approximately 2,500 if of
intermittent and perennial streams and approximately 0.10 acres of disturbed riparian wetlands.
Approximately 90% of the streams are not impacted.
Due to sensitive land planning, stream impacts are primarily confined to only that necessary to implement
necessary road crossings. Clearly defined construction and grading limits will be implemented to
minimize additional impacts as well as to preserve forested buffers to the extent feasible along the
streams. All fill material will be unpolluted and appropriate measures to control sedimentation and
erosion will be employed. Wetlands and streams, which will not be disturbed, will be protected during
construction from damage due to construction traffic, drainage and other forms of disturbance.
Background
The site is within drainage areas of a tributary of unnamed tributaries of Mallard Creek in the Yadkin
Basin. The majority of the site is a moderately sloping ridge to narrow drainage features.
Simpson Place, Page 3
February 7, 2001
Wetland Hydrology and Hydric Soils
These wetlands can be classified as Palustrine Forested Broad Leaved, Scrub Shrub, Temporarily to
Seasonally Flooded (PFOIA, PFOIC, PSS1A, and PSS1F). According to Soil Conservation Service,
Technical Guide-Section II-A-2, June 1991, Monacan (Mo) soils are listed as Map Units with inclusions
of Hydric Soils in Mecklenburg County. The wetlands on this site will be found to have very high function
and value in regard to water storage, pollution removal, bank stabilization, aquatic life resources utilizing
Guidance for Rating the Values of Wetlands in North Carolina - Fourth Version. The streams on the site
include perennial and intermittent (except most upper reach) streams that have important aquatic value as
determined by the USACE. Characteristics include persistent pools, small riffle and pool complexes (a
"special aquatic site"), fish in the lower portions, amphibians and macro-invertebrates; evidence of
wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate. The stream has been
disturbed in the Duke Power R/W.
Hydrophytic Vegetation
Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and
Obligate Vegetation and include black willow, green ash, willow oak, red maple, sweet gum, alder, silky
dogwood, _greenbrier, poison ivy, and others. Herbaceous plants include sedges, needle rush, jewel-weed,
and other typical wetland species.
SUMMARY OF WATERS OF THE U.S.
Methodoloev
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined
according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with
Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA
Soil Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the
Routine On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In
order to make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and
wetland hydrology must be identified as described in the manual. The wetlands map has been used for
planning and potential permitting purposes. Hydrophytic Vegetation has been identified according to the
National List of Plant Species That Occur in Wetlands: Southeast (Region 2) , US Department of the
Interior; Fish and Wildlife Service.
SUMMARY OF JURISDICTIONAL WATERS OF U S
Surface Waters Perennial to Intermittent Streams ( + 2500 If) + 0.34 ac.
Wetlands
+ 0.10 ac.
Approximate Total - Waters of the U.S. + 0.44 ac.
Simpson Place, Page 4
February 7, 2001
WETLANDS PERMITTING AND MITIGATION
As depicted on the plans, the layout substantially avoids and minimizes impacts to Jurisdictional Waters
of the U.S. Except for temporary construction and development impacts, the proposed project should not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U.S.
SUMMARY OFIMPACTS FROM NWP #39
Road crossings - important streams* + 166 if + 0.02 ac.
(Mitigation provided - see compensatory mitigation)
Wetland impacts + 0.10 ac.
Total - NWP #39 + 166 If + 0.12 ac.
SUMMARY OF IMPACTS FROM NWP#I4
Road Crossing + 104 if +0.02 ac.
Headwalls utilized to minimize impacts
TOTAL IMPACTS TO JURISDICTIONAL WATERS + 270 if +0.14 ac.
Nationwide Permit #12 will be utilized to make one stream crossing.
Avoidance, Minimization, and Mitigation
- As depicted on the plans, the wetlands and streams areas have been carefully incorporated into the layout
of the site. The stream crossings are as perpendicular as feasible to the stream and/or wetlands to
minimize impacts. Intersections are not permitted in Duke Power Rights-of-Ways.
- Except for the functional and necessary wetland and stream the overall plan has been designed to retain
forested buffers along the streams. Best Management Practices will also be employed to minimize impacts
to Jurisdictional Waters. These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands and streams to be preserved will be clearly marked prior to construction to prevent
accidental damage to wetlands. The contractors will be held responsible for unauthorized wetland
damage not permitted according to plans and specifications. Preconstruction meetings shall be
held if necessary with representatives of the USACE and the NCDWQ.
g) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
Simpson Place, Page 5
February 7, 2001
and aquatic life, such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
Proposed Compensatory Mitigation
A mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the extent
feasible on this site. Unavoidable impacts to streams by grading -are proposed to be mitigated by
buffers around the remaining streams and utilization of the North Carolina Wetland Restoration
Program where required.
Stream Mitigation Plan
The remaining streams on the project site appear to be in excellent to good condition and will be protected
by buffers. To meet restoration mitigation requirements for the unavoidable stream impacts, the
developer is proposing to contribute $33,750 to the North Carolina Wetland Restoration Program
(270 If X $125/ If) to mitigate for stream impacts.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved streams will be protected from future impacts by the applicant or by a group designated by
the applicant for this purpose. As required, development of these areas will be deed restricted in
accordance with restrictive covenants, or similar mechanisms.
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.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested
openings. Portions of the site are currently in succession and secondary succession in the powerline right-
of-way. An evaluation of the site indicated that 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
Simpson Place, Page 6
February 7, 2001
three feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to
protected silted areas or under banks especially associated with obstructions such as stumps or fallen trees.
Its current distribution according to the US Fish and Wildlife Service is limited to portions of two streams
-- Goose Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County.
Therefore it is does not occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and
a sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore,
strict adherence to an approved erosion and sedimentation control plan will be maintained during the
construction period in order to control degradation of water quality.
CULTURAL RESOURCES
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine
if sites are indicated on the National Historic Register within the study area.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
JAonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. N.A. Mathisen
UNION SCHOOL ROAD
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INTERSECTIONS ARE NOT PERMITTED IN
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SCOPE OF STUDY LIMITED TO AREA OF ROAD CROSSINGS
SUBJECT TO USACE VERIFICATION
SCALE 1" = 100'
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Simpson Place c% The Mathisen Company
Project Number 01 0282
Recvd From APP
Received Date 2/25/01 Recvd By Region
Project Type subdivsion
County Mecklenburg
County2
Region Mooresville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F14 Stream PT O N F_ 13-17-5 C? 270.00 ?-
F 39 OTH 4 Y O N F-F-F-F F T_ ;
Mitigation Wetland u X") Nis
MitigationType Type Acres Feet cy?
Stream WRP Stream I- 270.00 re 6` {YJI?
C,A
I F_
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 O N Recommendation: 0 Issue 0 ISSue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 352101 Longitude (ddmmss) 804235
Comments:
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