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HomeMy WebLinkAbout20020143 Ver 1_COMPLETE FILE_20020130OT ?RpG O? SA >_ ( LJ.ArN ^...: =1 O illiii? _C 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 CL Q _Z U LLJ 9 LA 0 0 Z Z V 5 HLLVN V. {,1 11l V - Ill ??,'` , ,U? ? - 1 /i i ! ? ? /?? ? ? ?°gl I r- 1 ??? ? ? ?????,? ? ?? m ' ??? 1 ? r ?? ?)??? 111 r ? ?(???? / }} o!i 1907 ? 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I ? lN, Z71fli N _ i mot`'/ 550 t a a i Air 7._. f ?i ? i \` ? ,'? ! ?' 1`? ;-. _. ._? l ... . .\ ?r '• (L1 d CrS?. •i. ?l, - .??^J/?II ?? ???i--.•s?`.?..d '.?-\ ,?'.._ 556 ?rl? , il ?, A ! , ? O r ??• ? ?--- J I tt ? ii I( ? i 1 i rr? lj 1 ?, •1 jl? 1 , - f„ I I r11 r ,,1 Y, 9 o III, h41t1f ? I )I 1, r.?. 2Ii L?, ?iAll!%. iI CATAWBA NE QUAD ?? ..??5 O " ? ,14?SCip\ ?-_ \?, .y!'•. ,'( ? I :?' I , /.I i 1 / /'?u?? I ? 1\?n? ?1?1'1'?f ( I/! Il?ill ? :??(Y! ???1! ? !; J yy ? „r M ? ,mare k.L.?w p' ?'? W m qw, 37} u? ? 1 ?jj 9 w O : ?'. a? rt a ter' _ r ? l ? l f r F4., f rt"ti^"' V • Q a ? .f Z LLI --A 6w CA) r J „?/ I ' - M? - 4M ?? ` l!'" 1 f•'y l M Y i i ?E? (1. ?q CL r ? ?D- 1 Q 'Ai y -_ W W ` y _ .? V _ J11i H C it W W I ??11 y U s. Q ?Yx W 1 Z , All l Z ~ ?L :F. 11i 1 f a' O T W V Z( J ?,., C; Z W LLJ Iln a J (Al CL co Z D Viha. W 0 3^ a cr) V CL Z +I ?1, W Q TI! Ipl J l ? ? W " Z co ° a' ° ai` tl s J co Cl) n l ?' 1` ??? t?..:-? ' ' Inf. ra % t1? .... i O I O t 1*Y; M ` r? lii l I O 71 z J !I' +I p a - - I l,?r - - ? r1 Ya, rr,: I N Z 1114 ii( E? N Z _ _ .1?(• ?q-,L: CL lL I I, CL a; NIL c u; A /111 ?\ 1?? lByY' ?l? ? I^. t;oi J n ?} '• ?? ?__ ? ? X11( I ? ? I, z nl !? Coo w} ?3 W r Pl , • d _ AI k y R ?',? _ I I m 60 Z +1 0 EXISTING POND .\ \I \\\\\ 11 ,111 I , BEGIN STREAM BEGIN PERENNIAL / 1 \\ _- _-- \?? .• '?? J?'??% X111 1 \ _; •.\; ?;?? \??\?, \ \ ? \ 1 \\ ? r _-/??' :;!/,..._-- I\Il ? / \ ?.?\;\'\\\111\\ \\\ \\\\ `? \ 1 / \\1 \ I ._r_i? -- ?_? \ \ _ I I? I) 1111\\ ?'\1 )/ ! la \ \ \ `\ \ \? - --:-?'===-- - \ \ -? ' ? ? 1 1 I I IIJI'lJll /l?l 1/ 1 \\ \II//i. \\ \\\? \ ??: \ ? ?? r __ I1?'1 `? ?? ---_ / I I IIIIIIIII\ill?//// \\ 1111111 1 ?\\\\ / _ I- -_____ ?_ > 1 J \\ rr"'? _ ? `'i ,,y? III\,1\?I,11\11111 Jlr? l \ o,- / //1 \ - \II I /l III 1 JI Ild'\111{111 / 411 / 1 1 \ -e? /J .rr, ?// ?..-.. ?•?y_r.-'??.-_'_:_ 1\11111 1 Jllll? I o I '\ = ; ? , l r ;?r i ? ?? ?\ ?.? i-? - - ?eu'a 1\ II1j111111 111 \ ?-aao/'IIIII I 111t .'? ?,.-? ?-' •i r. /r? ;; ;l \\\\\ I ;\ `??: /11/11111 II ?., / it r - ? \ \ 1 \ \ 1111 \\ wj' ?d' i _ \\ r' I r /' '7v? `\\\`, \\`\ \\\ 1 1'\ \ ?? - \ \ \I jt I l l,l?lll 11 ,1l\\ EXISTING POND LINEAR WETLANDS_ ,?'\\`' \\\ BEGIN INTERMITTENT CHANNEL I./ 'r\ r'\\\ ov-\ )1111 \.\.` \\ I\ \ 1\\ \,f lI{J / iIII ?/ 1 i i l % \ \ \ /` /IJ1 \\ `• \\\ III tl\ \ `t111' / /// 11 I I I, 1 I 1 I 1 I 1 I 1 111 I?i // i I , V '`..,""""`--- •.Ay ', 11 t 1 w`y A t!J v_.._? , II1?11/// IJ1111111?11111? ? WET WEATHER \ \\ \ --= ?''' ' uu i I??1"r/IIII?j1l \ \\V vv / 111 it , ,/ , 7 I I\t\??A .A`\ ??r _I, J11I IIIr VAA?A' \i *THIS CHANNEL MAY BE DETERMINED UNIMPORTA..NT;---f`"'rl?ill\,;\ `'?'lllljll` INTERMITTENT CHANNEL ?•, \ ?` - ',' 1;1/rJ;'// '\ 11 ` / /,// W ;r/ 11:\'? ? ;`\: ?._- . ' i /11111, l`... • _`,,\??\ \ PERENNIAL STREAM \ .., \ \ \ I l \\ \.< 1 .. // //JJ =?? \\ \ \1 I X11\\ ?_ /' lJr \ ?/ I \ tl llll ? ,. / 'III -111 I III / as ii llll II _ // / .? 1, / //,? ? JI l -? ?/ )\\ \ -ra -. ,/ .\\\ \\ / r/r //// //,? ? ? - :.•?`' n ? j IlIf1 ill tl ?o 111111 In \\I\ sa n UPDATE BASED ON NEW TOPOGRAPHIC INFORMATION SITE HAS BEEN CLEARCUT --'j? INTERMITTENT TO PERENNIAL STREAM \:..lv APPROXIMATE MAP-WATERS OF THE U.S. a; '? SUBJECT TO USACE VERIFICATION 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%. Page 3 6 March 2002 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. Page 4 6 March 2002 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