HomeMy WebLinkAbout20020143 Ver 1_COMPLETE FILE_20020130OT ?RpG
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March 1, 2002
DWQ# 02-0143
Union County
Tom Scott
Starwood Carolina, LLC
11520 N. Community House Road, Suite 100
Charlotte, NC, 28277
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Mr. Scott:
You have our approval, in accordance with the attached standard conditions and the special conditions. listed below, to place fill in
0.07 acre of wetlands, 0.18 acre of ponds and 991 linear feet of intermittent and perennial streams in order to construct the Queliin
subdivision in Union County, as described in the application received by the Division of Water Quality on January 30, 2002. After
reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3288, 3289 and
3287, which can be viewed on our web site at htto://h2o.enr.state.nc.us/ncwetlands . This approval is also valid for the Catawba River
Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). This Certification allows you to use Nationwide Permit Numbers 12, 14
and 39 when issued by the U.S. Army Corps cf Engineers. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but nct limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. Also this approval will expire v.-hen the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and desicn that you described in your application. If you change your project, you must
notify us and you may be required to send us a new app 6tion 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, comspznsatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow tre condrticrts listed in the attached certification and the additional conditions listed below:
1. Deed notifications or similar mechanisms she] be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of all streams and pools. Then: 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 at http://h2o.enr.state.nc.us/ncwetiands ;
Road crossings at areas C and D in tf e applicabon shall be kept to less than 150 linear feet of stream channel impacts at each
crossing;
3. Project construction shall strictly adhere to tt`re erosion and sediment control measures in the approved sediment and erosion
control plan.
If you do not accept any of the conditions cf this cerafication, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask fcr a hearng, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearirxs. 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 Driision of 'Hater Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Pete Colwell in the DWQ 10 oresviile Regional Office at 704-663-1699 or Cyndi Karoly at 919-733-9646.
Sincerely,
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
?- Gregory J. Thorpe, Ph.D.
North Carolina Division of Water ?_;aIrty. Wetlands Certification Unit,
1650 Mail Service Center, RalECr-. Nr 2, a--1650 (Mailing Address)
2321 Crabtree Blvd.. Raleigh, `.; 27-1.j4 -21151.-i (Locat:cn)
Page 2 of 2
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWO Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
020143
MEMORANDUM
TO: John Dorney Regional Contact: Pete Colwell
Non-Discharge Branch WQ Supervisor: Rey Gleason
Date: _
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Quellin County Union
Project Number 02 0143 County2
Recvd From APP Region Mooresville
Received Date 1/30/02 Recvd By Region
Project Type Residential
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
E E
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F14 Stream O Y O N ?- 11-138 r C ? 30,838. F r 273.00 318.00-
39 Strearn Y O N r --F-r C r--30,838. ?- ?- 400.00
F39 Waters FT-@- N F-F-r C F_ 30,838. 0.18 F_ ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y pQ N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? p Y (0 N Recommendation: Q Issue 0 Issue/Coed O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Three jurisdictional tributaries to Twelve Mile Creek are found on the property. Tr,_ ibutarv A is a small
intermittent stream that carries drainage from an off-site pond. Tributary B-C is a small intermittent
stream that runs through the densely vegetated clear cut. Tributary D is a small perrenial stream
receivin drainage from the two ponds on the popey. Tributary D also has a greater number of
mature- mixed hardwood trees along ito s length. An old farm pond sits at the upper end of the
drainage area of the southern fork of Tribu6lgt D. Two small linear wetland areas are also found
_I_--.. iL_
cc: Regional Office
Central Office Page Number 1
Facility Name Quellin
Project Number 02 0143
Date: 2/22/2002
Comments (continued from page 1):
ephemeral channels below the pond. The northern fork of Tributary D is an intermittent stream
flowing into a 2 acre pond.
cc: Regional Office
Central Office Page Number 2
County Union
Regional Contact: Pete Colwell
Triage Check List
I 1311ya
Date: O
I'
To: ?RRO Steve Mitchell Project Name U
?FRO Ken Averitte DWQ Project Numb
?WaRO Deborah Sawyer County (1?
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
?ARO (Mike Parker
5?60 Pete Colwell
Frcm: ?1 Telephone (919)733- 17 Co
The file attached is being forwarded to you for your evaluation. Please call if you need
ass:--.ante.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
M M nimization/avoidance issues
uffer Rules (Neuse, Tar-Pamilco, atawba, andleman)
? Pond fill
-7
ZII-Mibgaticn Ratios "Yv 'I
? Ditchino
? Are the steam and 6rwetland mitigation sites available and viable?
? Check dr.-*ings for accuracy
? Is the appiiication consistent with pre-application meetings?
? Cumulative knpact concems
Comments
- - - - - - - - - - - - - -
I t
O
Quellin
Union 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. Tom Scott
Starwood Carolina, LLC
11520 N. Community House Road
suite 100
Charlotte, NC 28277
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
1-(704) 846-0461
Date : 1/02
1
LEONARD S. RINDNER. PWS _
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 846-0461
January 26, 2002
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; Ouellin - +165 Acre, Union County - NWP #14, #39. #12
Dear Sirs:
On behalf of my client, Starwood Carolina, 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 pond impacts. Impervious area on the site is expected to be less than 30%.
All crossings over perennial streams will be designed to be less than 150 If of stream impact including any
required riprap 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. Storm water will
spread over the buffers and floodplain to further filter runoff to the extent practical. Project construction
will strictly adhere to an approved Sedimentation and Erosion Control Plan.
General Wetland Classification and Description
Backrround
The site is within drainage areas of perennial and intermittent tributaries of Twelve-Mile Creek, a large
tributary of the Catawba River (Water Classification - C). The majority of the site is a moderately to
steeply sloping ridge. The current land-use is undeveloped woodland in early succession from agriculture
and timbering activities.
Description
Wetland Hydrology and Hydric Soils
These wetlands can be classified as Palustrine Forested Broad Leaved, Scrub Shrub, and Emergent
(PFOIA, PFOIC (depressions), PSSIA, and PEMIC. According to the North Carolina Resource
Conservation Service, Technical Guide-Section II-A-2, June 1991, Chewacla (Ch) soils are listed as Map
Units with inclusions of Hydric Soils in
Quellin, Page 3
January 26, 2002
Union County. The streams on the site are intermittent to perennial. The perennial streams 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, 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 and nearly ephemeral.
Hvdronhvkic Vegetation
Vegetation in wetland areas and along tributaries is dominated by Facultative, Facultative Wet, and
Obligate Vegetation and include black willow, green ash, willow oak, red maple, sweet gum, alder, silky
dogwood, greenbriar, poison ivy, and others. Herbaceous plants include sedges, needle rush, jewelweed,
and other typical wetland species.
SUMMARY OF WATERS OF THE U.S.
Methodoloev
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.
SUMMARY OFJURISDICTIONAL WATERS OF U.S.
Surface Waters Twelve Mile Creek (on site)- Perennial (+ 5,200 10 + 1.80 ac.
Perennial ( + 2700 10 + 0.25 ac.
Intermittent (+ 1200 If) + 0.15 ac.
Ponds + 2.30 ac.
Wetlands + 0.10 ac.
Approximate Total - Waters of the U.S. + 4.60 ac.
(including Twelve Mile Creek on Property)
SUMMARY OF IMPACTS
Surface Waters Important - Int. / Perennial (NWP #14 - 4 crossings/
591 if for NCDWQ / 16 if for USACE + 0.05 ac.
Unimportant - Intermittent Stream (NWP #39/
400 if for NCDWQ + 0.03 ac.
Ponds Farm Pond Filled + 0.18 ac.
Wetlands + 0.07 ac.
Total Impacts + 0.33 ac.
Quellin, Page 4
January 26, 2002
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. Storm water will spread over the buffers
and floodplain to the extent practical to facilitate additional filtration. There will be no direct tail-
ditching of storm drainage to the creeks.
THRE4 TENED 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.
Quellin, Page 5
January 26, 2002
CULTURAL RESOURCES
The project site is disturbed from previous agricultural activities. An archaeological/historical study was
conducted by Briece Edwards of Cultural Resources Assessment Group and is included with this
submittal. C conducted by 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 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.
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 sedimentation 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.
Sincerely,
J nard S. Rindner, PWS
ironmental Planning Consultant
Profession Wetland Scientist
Office Use Only: Form 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.
1. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit
? ection 10 Permit
P401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
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: ?
II. Applicant Information
1. Owner/Applicant Information H111. 077 Golq-
Name:
Mailing Address: //"o At. CAW-myh,16
Telephone Number: 7W 7164-q74W Fax Number: 7Cm 7S2 S 7? ?
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 the owner/applicant.)
Name: S
Company Affiliation: t,, .+
Mailing Address: C
Telephone Number:
E-mail Address: /'
Fax N
Page 3 of 12
M. Project Information
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 USGS 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:
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location ' J
County: Nearest Town: 4 ?i ALA/
Subdivision name (include phase/lot number): ?/C Ih
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 land use or condition of the site at the tiff This
7. Property size (acres): /&T - ? Arr t r
8. Nearest body of water (stream/river/sound/ocean/lake): T" H, 14t.
9. River Basin:_ ['?150L,
(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/maps/.)
Page 4 of 12
10. scribe the P se of the proposed work: 6frIC/40, 4; • ? ;q 04&44
11. List the type of equipment to be used to construuct the
12. Describe the land use in the vicinity of this project:
IV. 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
G?
V. Future Project Plans
VI. 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 must also
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
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or MMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.ferna.Qov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) 44. A(2P t s
List the total acreage (estimated) of existing wetlands on the ro ert "?r u t .
p y.
Total area of wetland impact proposed: Al Al
t
JOWAS ..of
2. Stream Impacts, including all intermittent a 1st M40A > ACOW-S
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
A AW1j j 9 or_ T%ft e 17, Al ?utN,a?
A179 240 Ur . •? ?? 2=3' AM4. 4% L.
C.i Nw? o vT it ?. 3i M?
vT ?? •? etfol A/ A
t4te tie err,
t,,p
IrOSON ?. ??
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tqj)ozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams
ncre^m ?a-/
/W. ?O E? .
Page 6 of 12
on site:
,ucp14j& -273
/k(CO0, d- 31 la
/NC49 &Ok - DO
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
• /?? M 6nol
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
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
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .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 stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o enr state.nc.us/ncwetlands/strmgide.html.
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.
Page 8 of 12
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 httn://l12o.enr.state.nc.us/wrp/index,htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
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):
IX. Environmental Documentation (DWQ Only)
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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? 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 Buffers (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 shown on 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
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.
Zone* s lie feet Multiplier Mi quired
1 3
2 1.5
Total
zone 1 extends out JU reel pefpenalcUlar from near banK of channel; Zone :Z extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., 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 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
XII.
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the nronerty. .. '01, _ .
hol/( ArU ^4 M 1A fiA
Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the,Rroposed project, or available caphpity of the subject facility.
• -
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
Page 10 of 12
XIV. Other Circumstances (Optional):
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
Th;eatengd Species, accessibility problejns, orother issues outside of the applicant's control).
5 7 ..-
AAlficant/Agent's Signature 4bate "
(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 Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Sur y
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 2514511 Columbus Moore Sampson
Fax: (910) 2514025 Cumberland New Hanover Scotland
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
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NCWRC,HCP,FALLS LAKE TEL:919-528-9839
FAX COVER
Falls Lake Office
Date (Q , 2&??
Number of pages Including cover sheet
To:
Phone
Fox Phone
CC:
Mar 06'02 12:31 No.002 P.01
NC Wildlife Resources Commission
Habitat Conservation Program
11421-85 Service Road
Creadmoor, NC 27522
From:
-? e
]^?.:? CZ,?ci.nt^
Phone 919.528.9888
Fox Phone 919-528.9839
NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Mar 06'02 12:31 No.002 P.02
® North CarolinaWAcffife Resources Commission
Charles k FW%004 ]Executive Director
MEMORANDUM
TO: John Dorney, Wetland Scientist
Wetlands/401 Water Quality Certification Unit
D' i Ion of Water
rFROM: Danielle R. P der, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 6 March 2002
SUBJECT: Starwood Carolina, LLC, Request for Nationwide Permits 14, 39 and 12; Section
404 Permit and Section 401 CeMfleation for impacts associated with Quellin
residential development, Union County, North Carolina. DWQ ID: 020143
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
reviewed the subject permit request and are familiar with the fish and wildlife values of the area.
An on-site investigation was conducted on 22 February 2002 for the purpose of further assessing
project impacts on aquatic habitats, Our comments are provided in accordance with certain
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and North Carolina General
Statutes (G.S. 113-131 ct scq.).
The applicant is requesting a 404/401 permit in association with the development of a
165.5-acre site for a residential community consisting of approximately 260 lots, 14 cul-de-sacs,
a swim club facility, and common area stream buffers. The site is in a rural setting less than 10
miles from Charlotte. The majority of the project area is moderately to steeply sloping
woodlands in early succession from agriculture and timbering activities. Twelvemile Creek, a
large tributary of the Catawba River, is located along the southern border and its tributary, Still
House Branch, makes up the eastern and southeastern border of the property. Four unnamed
tributaries, two ponds, and linear wetlands associated with the drainage from the smaller pond
are additional aquatic resources of the project site. The applicant proposes to fill the smaller
pond and the wetlands (0.32 acres total) and impact 991 linear feet (If) of perennial and
intermittent streams.
Two known populations of a federall endangered freshwater mussel, the Carolina
heclsplitter (Lasmigona decoraca), are founlin Union County streams, one north of Twclvcmilc
Creek (Goose Creek) and one to the south (Waxhaw Creek). Schwcinitz's sunflower
(Hchanthiu schwefnitiii), a federal endangered plant species, was recorded on the property in
1997 and again found on-site within the last 2-3 years (Dale Suiter, USFWS, personal
communication). Although the document describes the plant's habitat as succession fields,
Mailing Address: Division of Inland Fisheries - 17Z I Mail Service Center - Meigh, NC 27699-1721
Telephone: (919) 733-3633 ext. 281 - Faxi (919) 715-7643
NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Mar 06'02 12:32 No.002 P.03
Page 2
6 March 2002
Quellin Residential Development
DWQ 1D: 020143
margins and forest openings, which describes much of the project site, the applicant concluded,
"habitat conducive to support the SchwcWtz's sunflower is not present in the project area'. We
strongly disagree with that conclusion and believe this species is likely to occur on the property.
Applicant states that the "remaining stream and wetlands on the site will be preserved
within common open space" and'Suffers will be retained along the remaining streams to the
extent feasible", however, specific buffer wid1he are not given. The common open space area
provided along Still House Branch appears to be 50 ft. and greater in width. No buffers are
indicated on the map for the other tributaries and wetlands. They generally lie along the rear or
side property lines of the lots.
Six road crossings of streams are planned, 2 perennial and 4 intermittent. existing road
crossings do not appear to be utilized. Several of these impacts and the pond removal could be
easily avoided by moving a road one lot width or less, eliminating or adding a cul-de-sac, or
using existing stream crossings. Although stream impacts will total 991 If, no mitigation for
stream impacts is offered because'Ympacts to perennial streams fall below the 150 If/stream
threshold requiring stream mitigation!.
Wastewater generated by the development will be connected to the sanitary sewer system
(Union County) at an existing pump station on the opposite side of Still House Branch. The map
shows the sewer line crossing several hundred feet upstrram of the pump station and running
along side of the creek, rather than crossing the creek near the pump station.
Secondary and cumulative impacts have the potential to be even more significant than
direct impacts. Runoff containing fertilizer, pesticides, petroleum products, sediment and trash is
expected from residential communities. Protecting area streams with wide forested riparian
corridors in development areas is essential to proteedon of water quality and aquatic habitat in
rapidly developing landscapes. The slope of the terrain should also be considered. Studies show
that wider buffers arc needed with increasing slope to protect the water quality (Wenger 1999).
Wenger concluded that the best option for protection of water resources was 100-ft, wide buffers
plus 2 ft. for each I% of slope, indicating the importance of wider buffers in this moderately to
steeply sloping terrain.
This high-density development can have serious impacts to local and downstream
wildlife resources and aquatic habitats. We feel that the application is incomplete, and therefore,
cannot concur with the project at this time. We request additional information as indicated
below, and offer the following recommendations to reduce impacts to aquatic and terrestrial
wildlife and their habitat.
Conduct a survey of the site for listed species. Surveyors will need both state and federal
endangered species Permits. We recommend that the applicant contact the US fish and
Wildlife Service at 828) 258--3939 regarding endangered species issues.
2. Provide proper maps as required in the application, including a scale, north arrow, and
specific footprints of all buildings, impervious surfaces or other facilities.
3. Redesign the project to avoid and minimize impacts to streams, wetlands and 1 istcd
species. Preserve the small pond for its wildlife value. Reduce impervious surfaces,
including all future buildings, roads, parking lots and driveways, to less than 10%.
NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Mar 06'02 12.33 No.002 P.04
Page 3
6 March 2002
Quellin Residential Devolupmenl
DWQ ID: 020143
Maintain or establish minimum 100-foot forested buffers along, each side of perennial
streams and 50-foot forested buffers along each side of intermittent streams and wetlands
throughout the project. Wide, contiguous riparian corridors have greater and more
flexible potential than other options to uphold biological integrity (Horner et al. 1999)
and could ameliorate many ecological issues related to land use and environmental
quality (Naiman ct al. 1993). As urbanization continues in communities surrounding
Charlotte, wildlife habitat is rapidly disappearing. These buffers would provide travel
corridors and habitat area for wildlife displaced by the development, in addition to
protecting water quality, stabilizing stream banks, and providing habitat for aquatic and
fisheries resources and listed species. The buffcm should be permanently preserved by
placing them in common open areas outside of lots and by using deed restrictions or
conservation easements. Low-density communities in natural settings that provide
wildlife viewing opportunities can enhance property values and quality of life for
residents. Conservation easements can provide tax benefits to property owners.
4. Mitigate unavoidable impacts to perenial and intermittent streams. Perennial and
intermittent streams are obviously interconnected, and headwater streams can
significantly reduce nutrient export to rivers (Peterson at al. 2001), and therefore, are
instrumental in protecting downstream water quality. We request that the applicant be
required to fully mitigate for total stream impacts due to the significant effects that will
result in the aquatic and terrestrial community. Enhancement and restoration of
previously impacted streams and wetlands on the site is encouraged.
5. The applicant indicates that impervious area on the site is expected to be less than 30%.
However, numerous studies have shown that when 10-15% of a watershed is converted
to impervious surfaces, there is a serious decline in the health of receiving waters
(Schueler 1994) and the quality of fish habitat and wetlands are negatively impacted
(Booth 1991, Taylor 1993). Therefore, it is suggested that the applicant work to limit
impervious surfaces to no more than 6% (Water Supply Watershed maximum in most
sensitive watersheds; Schueler 1994; Arnold and Gibbons 1996; Mallin et al. 2000) or to
provide for sufficient open space to effectively reduce impervious surface so that
predevelopment hydrographic conditions are maintained, limit curb and gutter in new
developments, and prevent diroct discharges of stormwater into streams.
6. Establish and strictly maintain approved sediment and erosion control measures, which
should be placed outside of buffer areas,
7. We recommend that sewer lines be placed outside of buffer areas, all stream and wetland
crossings be minimized and cross at right angles, and that the directional bore method be
utilized for utility crossings wh=ver practicable. Avoid placing sewer lines along Still
Douse Branch by providing a 100.8, buffer to both sides of the stream.
Thank you for the opportunity to review and comment on this project. If you need
additional assistance, please contact our office at (919) 528--9886.
NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Mar 06'02 12:34 No.002 P.05
Page 4
6 March 2002
Quellin Residential Development
DWQ TD: 020143
Literature cited:
Arnold. C.L., and C.J. Gibbons. 1996. Impervious surface coverage-the emergence of a key
environmental indicator. Journal of the American Planning Association 62:243-258.
Booth, D. 1991. Urbanization and the natural drainage system-impacts, solutions, and
prognoses. Northwest Envirotirno l Journal. 7(1):93-118.
Horner, R.R., C.W. May, E.H. Livingston, and J. Maxted. 1999. Impervious cover, aquatic
community health, and stormwater BUTS: is there a relationship? Proceedings of thc
Sixth Biennial Stormwater Research Conference, Tampa, Florida.
Mallin, M.A., K.E. Williams, E.C. EduM and R.P. Lowe. 2000. Effect of human development
on bacteriological water quality in coastal watersheds, Ecological Applications
10(4):1047-1056.
Naiman, R.J., H. Decamps, M. Pollock. 1993. The role of riparian corridors in maintaining
regional biodiversity. Ecological Applications. 3(2):209-212.
Peterson, D.J., and fourteen co-authors. 2001. Control of nitrogen export from watersheds by
headwater streams. Science 292:86.90.
Schucler, Tom. 1994. The Importance of Imperviousness. Watershed Protection 't'echniques.
1:3 (pp100-111).
Taylor, B,L. 1993. The influences of wetland and watershed morphological characteristics and
relationships to wetland vegetation communities, Masters thesis. Dept. of Civil
Engineering. University of Washington. Seattle, WA.
Wenger, S. 1999. A Review of the Seien0c Literature on Riparian Buffer Width, Extent and
Vegetation. Tnstitute of Ecology, Univ, of GA,
cc: Steve Chapin, USACE
Brian Cole, Dale Suiter USFWS
E-mail: Steve Hall, NHP
MAR 7
0 North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, FIxecutive Director
MEMORANDUM
TO: John Dorncy, Wetland Scientist
Wetlands/401 Water Quality Certification Unit `t
D' ' ion of Water Quality
?
a
FROM: Danielle R. Pender, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 6 March 2002
SUBJECT: Starwood Carolina, LLC, Request for Nationwide Permits 14, 39 and 12; Section
404 Permit and Section 401 Certification for impacts associated with Quellin
residential development, Union County, North Carolina. DWQ ID: 020143
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
reviewed the subject permit request and are familiar with the fish and wildlife values of the area.
An on-site investigation was conducted on 22 February 2002 for the purpose of further assessing
project impacts on aquatic habitats. Our comments are provided in accordance with certain
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and North Carolina General
Statutes (G.S. 113-131 et seq.).
The applicant is regLicsting a 404i401 pernift in assuciauon with the dcvcioptnent of a
165.5-acre site for a residential community consisting of approximately 260 lots, 14 cul-de-sacs,
a swim club facility, and common area stream buffers. The site is in a rural setting less than 10
miles from Charlotte. The majority of the project area is moderately to steeply sloping
woodlands in early succession from agriculture and timbering activities. Twelvemile Creek, a
large tributary of the Catawba River, is located along the southern border and its tributary, Still
House Branch, makes up the eastern and southeastern border of the property. Four Unnamed
tributaries, two ponds, and linear wetlands associated with the drainage from the smaller pond
are additional aquatic resources of the project site. The applicant proposes to fill the smaller
pond and the wetlands (0.32 acres total) and impact 991 linear feet (10 of perennial and
intermittent streams.
Two known populations of a federally endangered freshwater mussel, the Carolina
heelsplitter (hasmigona decorata), are found in Union County streams, one north of Twelvemile
Creek (Goose Creek) and one to the south (Waxhaw Creek). Schweinitz's sunflower
(Helianthus schweinitzii), a federal endangered plant species, was recorded on the property in
1997 and again found on-site within the last 2-3 years (Dale Suiter, USFWS, personal
communication). Although the document describes the plant's habitat as succession fields,
Mailing Address: Division (d I Fisheries • 1721 Mail Service Center* Raleigh, NC 27699-1721
Telephone: (919) 733-3633 crt. 281 • Fax: (919) 715-7643
Page 2
6 March 2002
Quellin Residential Development
DWQ ID: 020143
margins and forest openings, which describes much of the project site, the applicant concluded,
"habitat conducive to support the Schweinitz's sunflower is not present in the project area". We
strongly disagree with that conclusion and believe this species is likely to occur on the property.
Applicant states that the "remaining stream and wetlands on the site will be preserved
within common open space" and "Buffers will be retained along the remaining streams to the
extent feasible", however, specific buffer widths are not given. The common open space area
provided along Still House Branch appears to be 50 ft. and greater in width. No buffers are
indicated on the map for the other tributaries and wetlands. They generally lie along the rear or
side property lines of the lots.
Six road crossings of streams are planned, 2 perennial and 4 intermittent. Existing road
crossings do not appear to be utilized. Several of these impacts and the pond removal could be
easily avoided by moving a road one lot width or less, eliminating or adding a cul-de-sac, or
using existing stream crossings. Although stream impacts will total 991 If, no mitigation for
stream impacts is offered because "impacts to perennial streams fall below the 1501f/stream
threshold requiring stream mitigation".
Wastewater generated by the development will be connected to the sanitary sewer system
(Union County) at an existing pump station on the opposite side of Still House Branch. The map
shows the sewer line crossing several hundred feet upstream of the pump station and running
along side of the creek, rather than crossing the creek near the pump station.
Secondary and cumulative impacts have the potential to be even more significant than
direct impacts. Runoff containing fertilizer, pesticides, petroleum products, sediment and trash is
expected from residential communities. Protecting area streams with wide forested riparian
corridors in development areas is essential to protection of water quality and aquatic habitat in
rapidly developing landscapes. The slope of the terrain should also be considered. Studies show
that wider buffers are needed with increasing slope to protect the water quality (Wenger 1999).
Wenger concluded that the best option for protection of water resources was 100-ft. wide buffers
plus 2 ft. for each I% of slope, indicating the importance of wider buffers in this moderately to
steeply sloping terrain.
This high-density development can have serious impacts to local and downstream
wildlife resources and aquatic habitats. We feel that the application is incomplete, and therefore,
cannot concur with the project at this time. We request additional information as indicated
below, and offer the following recommendations to reduce impacts to aquatic and terrestrial
wildlife and their habitat.
Conduct a survey of the site for listed species. Surveyors will need both state and federal
endangered species permits. We recommend that the applicant contact the US Fish and
Wildlife Service at (828) 258-3939 regarding endangered species issues.
Provide proper maps as required in the application, including a scale, north arrow, and
specific footprints of all buildings, impervious surfaces or other facilities.
Redesign the project to avoid and minimize impacts to streams, wetlands and listed
species. Preserve the small pond for its wildlife value. Reduce impervious surfaces,
including all future buildings, roads, parking lots and driveways, to less than 10%.
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Quellin Residential Development
DWQ ID: 020143
Maintain or establish minimum 100-foot forested buffers along each side of perennial
streams and 50-foot forested buffers along each side of intermittent streams and wetlands
throughout the project. Wide, contiguous riparian corridors have greater and more
flexible potential than other options to uphold biological integrity (Horner et al. 1999)
and could ameliorate many ecological issues related to land use and environmental
quality (Naiman et al. 1993). As urbanization continues in communities surrounding
Charlotte, wildlife habitat is rapidly disappearing. These buffers would provide travel
corridors and habitat areas for wildlife displaced by the development, in addition to
protecting water quality, stabilizing stream banks, and providing habitat for aquatic and
fisheries resources and listed species. The buffers should be permanently preserved by
placing them in common open areas outside of lots and by using deed restrictions or
conservation easements. Low-density communities in natural settings that provide
wildlife viewing opportunities can enhance property values and quality of life for
residents. Conservation easements can provide tax benefits to property owners.
4. Mitigate unavoidable impacts to perennial and intermittent streams. Perennial and
intermittent streams are obviously interconnected, and headwater streams can
significantly reduce nutrient export to rivers (Peterson et al. 2001), and therefore, are
instrumental in protecting downstream water quality. We request that the applicant be
required to fully mitigate for total stream impacts due to the significant effects that will
result in the aquatic and terrestrial community. Enhancement and restoration of
previously impacted streams and wetlands on the site is encouraged.
The applicant indicates that impervious area on the site is expected to be less than 30%.
However, numerous studies have shown that when 10-15% of a watershed is converted
to impervious surfaces, there is a serious decline in the health of receiving waters
(Schueler 1994) and the quality of fish habitat and wetlands are negatively impacted
(Booth 1991, Taylor 1993). Therefore, it is suggested that the applicant work to limit
impervious surfaces to no more than 6% (Water Supply Watershed maximum in most
sensitive watersheds; Schueler 1994; Arnold and Gibbons 1996; Mallin et al. 2000) or to
provide for sufficient open space to effectively reduce impervious surface so that
predevelopment hydrographic conditions are maintained, limit curb and gutter in new
developments, and prevent direct discharges of stormwater into streams.
6. Establish and strictly maintain approved sediment and erosion control measures, which
should be placed outside of buffer areas.
7. We recommend that sewer lines be placed outside of buffer areas, all stream and wetland
crossings be minimized and cross at right angles, and that the directional bore method be
utilized for utility crossings wherever practicable. Avoid placing sewer lines along Still
House Branch by providing a 100-ft. buffer to both sides of the stream.
Thank you for the opportunity to review and comment on this project. If you need
additional assistance, please contact our office at (919) 528-9886.
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Quellin Residential Development
DWQ ID: 020143
Literature cited:
Arnold, C.L., and C.J. Gibbons. 1996. Impervious surface coverage-the emergence of a key
environmental indicator. Journal of the American Planning Association 62:243-258.
Booth, D. 1991. Urbanization and the natural drainage system-impacts, solutions, and
prognoses. Northwest Environmental Journal. 7(1):93-118.
Horner, R.R., C.W. May, E.H. Livingston, and J. Maxted. 1999. Impervious cover, aquatic
community health, and stormwater BMPs: is there a relationship? Proceedings of the
Sixth Biennial Stormwater Research Conference, Tampa, Florida.
Mallin, M.A., K.E. Williams, E.C. Esham, and R.P. Lowe. 2000. Effect of human development
on bacteriological water quality in coastal watersheds. Ecological Applications
10(4):1047-1056.
Naiman, R.J., H. Decamps, M. Pollock. 1993. The role of riparian corridors in maintaining
regional biodiversity. Ecological Applications. 3(2):209--212.
Peterson, B.J., and fourteen co-authors. 2001. Control of nitrogen export from watersheds by
headwater streams. Science 292:86-90.
Schueler, Tom. 1994. The Importance of Imperviousness. Watershed Protection Techniques.
1:3 (pp100-111).
Taylor, B.L. 1993. The influences of wetland and watershed morphological characteristics and
relationships to wetland vegetation communities. Masters thesis. Dept. of Civil
Engineering. University of Washington. Seattle, WA.
Wenger, S. 1999. A Review of the Scientific Literature on Riparian Buffer Width, Extent and
Vegetation. Institute of Ecology, Univ. of GA.
cc: Steve Chapin, USACE
Brian Cole, Dale Suiter USFWS
E-mail: Steve Hall, NHP