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HomeMy WebLinkAbout20071580 Ver 1_More Info Received_20080214HAL OWEN & ASSOCIATES, INC. SOIL & ENVIRONMENTAL SCIENTISTS P.O. Box 400, 266 Old Coats Road Lillington, NC 27546-0400 Phone (910) 893-8743 / Fax (910) 893-3594 E-mail: halowen@earthlink.net 13 February 2008 Ms. Cindi Karoly Lr2 a V DWQ 401 Wetlands Permitting Unit _ 1650 Mail Service Center FEB 1 4 2008 Raleigh, NC 27699-1650 DENR-WATER QUAUTY WETLANDS AND STORMWATER BRANCH Reference: DWQ Request for More Information (6 Feb 2008) Royal Woods, Laurenwood, and Princess Gate Developments Whispering Pines, Moore County, North Carolina DWQ Project# 07-1580 Dear Ms. Karoly, We received notification in a letter dated 6 February 2008 that the processing of the permit application for the above referenced property has been placed on hold pending submittal of additional information. The following items are provided in response. There are several lots where the building envelopes are located at the wetland line along Roayl Woods and Amanda Drive. Either these lots will need to be reconfigured or wetland fill applied for since they are not buildable lots. The engineer used a generous 70ft X 70ft box on every lot to indicate a likely house location; but in reality, these houses will not likely be 5,000 square feet. I have drawn a more conservative 50ft X 50ft box on lots where the wetlands were close (see Figure 1). This provides at least 20ft between the proposed house footprint and the wetland boundary, which is more than enough space to establish a building pad and maneuver equipment without additional wetland impacts. In conclusion, we believe that these lots do not need to be reconfigured and no additional wetland impacts need to be included in the application. 2. The cul-de-sac on Princess Gate is problematic and will need to be relocated away from the wetland. It is also not clear how homes can be constructed at the end of the cul-de- sac without additional wetland fill. Princess Gate is already constructed and paved. During its construction in 2006, approximately 31,000 square feet of the wetland was impacted. The Catena Group designed and supervised restoration of the wetland, which is detailed in the attached Wetland Restoration Plan that was included in the previously submitted PCN. During restoration it was decided to move forward with installation of the water line to minimize wetland disturbance, hence an after-the- fact permit is requested for installation of the water line. At that time, the cul-de-sac was redesigned and shortened to avoid the wetland areas. Actually, a narrow buffer of uplands exists between the pavement and the wetland boundary. Since the cul-de-sac does not encroach into the wetland and it is already built, the wetland has been restored, and the area has been stabilized, it would cause more environmental harm to redesign and remove the cul-de-sac than it would to leave it as is. Soil Science Investigations • Wetland Delineations, Permitting, and Consulting HAL OWEN & ASSOCIATES, INC. The additional lots shown beyond the wetland at the end of Princess Gate will be accessed from Queen's Way (see Figure 2). Knowing that he needs to avoid additional wetland impacts, the owner anticipates creating a driveway easement to Isabella Court for the two lots that were originally drawn as part of Princess Gate. We trust that this provides the additional information that you requested and that the permitting process can proceed as soon as possible. If you have any questions or need additional information, please feel free to contact us at your convenience. Sincerely, Krissina B. Newcomb Project Environmental Scientist I CC: James Cothran Ken Averitte, DWQ-FRO Emily Burton, USACE Soil Science Investigations • Wetland Delineations, Pennitting, and Consulting ?i qc? lei Revs sea f/ 4ou s e- 4:;.I P S I n±s Table s C'fl'F{1c-QA 0?0y41 W00145 _ LOurent o A- Pri11 c ess DQVeIopM?gts c 2 Zg 1. K ~'20 r9-4-1 2 9 ? -leol ? 4 ?'4- cte? 1 o So Ioo 1 WI 4 s 2 r F I ?i guse o?. Qrin cess GaJe Lo+S Tom e s C644? ran ROya( Woods - Laure OCIOd - PrinGess G-ife bevelopme/T? 60?2 u 60-10 4?0,r 0? 1 ? so-1 6 0, 0-13 15 --? ' 1\ Scale 1n (DOS{ ?--~ P ° so loo r The Catena Group 410-B Millstone Drive Hillsborough, NC 27278 (919) 732-1300 Mr. Thomas Farrell U.S. Army Corps of Engineers Wilmington Regulatory Office PO Box 1890 Wilmington, NC 28412 March 20, 2007 RE: Wetland Restoration Plan for Princess Gate Development Violation, Moore County, NC Dear Mr. Farrell, In late spring 2006, Chip Cothran of Dominion Development was notified by Ken Averitte of the North Carolina Department of Water Quality (NCDWQ) that he had violated Section 404 of the Clean Water Act. This violation occurred when Dominion Development attempted to construct a residential cul-de-sac and cleared and excavated 0.7 acres (30, 492 ft2) of delineated wetland without a permit. Per discussions with Thomas Farrell of the U.S. Army Corps of Engineers (USACE) and Ken Averitte, it was agreed that the disturbed wetland must be returned to its original state, both physically and functionally. This correspondence details the restoration. PROJECT LOCATION The violation happened at the Princess Gate residential development, located north of Airport Road (SR 1843), east of Whispering Pines in Moore County, North Carolina (Figure 1). The wetland restoration site is located where the violation occurred, east of Princess Gate Road (Figure 2). HISTORIC WETLAND CONDITIONS The wetland was originally delineated during 2005, by Shay Garriock, Steve Melin, Alex Adams and Kate Montieth of The Catena Group, Inc. (TCG) (Appendix A). They described the original wetland as a densely vegetated pocosin-like depression with no defined stream channel. Soil was saturated at 6 inches. The boundaries of the wetland were located and mapped using a Trimble Geo-XT with sub-meter accuracy. PRE-RESTORATION CONDITIONS The vegetation was removed from the wetland and surrounding areas by mechanized clearing in March 2006 (Appendix B). In addition, several feet of topsoil were removed to an offsite waste location in an effort to create a solid foundation for the road. Two major ditches were the excavated in an attempt to draw the water into the adjacent, The Site Location Map Date: March 2407 Figure Catena Chip Cothran Property scate: Group As Shown Moore County, North Carolina Job No.: 211-1 -7- The Wetland Impact Area Date: March 2007 Figure Catena Chip Cothran Property Scale Group As Shown Moore County, North Carolina Job No. 2112 undisturbed wetland. The excavated soil was piled along the length of the ditches. Culverts were installed in the ditches to facilitate water flow and to allow for vehicle crossings. Several piles of soil, logs, and woody debris were observed throughout the wetland. RESTORATION GOALS AND OBJECTIVES The goal of this restoration project is to restore the topography, hydrology, and vegetation of the impacted wetland. These actions will, over time, allow the wetland to return to its original state, both physically and functionally. Prior to beginning any restoration activities, TCG identified the wetland boundaries based on the original GPS-surveyed delineation. Under TCG supervision, Dominion Development removed culverts and backfilled ditches. Soil was replaced with the original wetland soil that had been stored offsite and the area was graded to appropriate slope and elevation. Finally, wetland vegetation similar to what had been removed was planted. RESTORATION PLAN Wetland Re-delineation On July 9, 2006, TCG re-marked the wetland boundary using the original GPS-surveyed delineation data. Restoration of Hydrology Dominion Development conducted all earthwork and soil replacement between July and November 2006. Soil that remained onsite from ditch excavation was used to refill the ditches. The entire area was then graded and "top dressed" with topsoil that was returned from the offsite waste area. Initially, when the site was graded and soil was replaced, water continued to flow in a small channel across the site. Due to a misunderstanding, Dominion Development used gravel fill to create a French drain-like feature to channel water across the site. This error was discovered during a site visit by TCG and the USACE on October 31, 2006. TCG supervised the removal of the gravel and re-grading of the site on November 20, 2006. Cereal rye was planted across the site to deter erosion. At a site visit on December 4, 2006, erosion was minimal and water appeared to once again sheet flow across the site (Appendix C). Restoration of Vegetation Based on the vegetation described in the original delineation, as well as the vegetation observed in the adjacent wetland, a planting design was created. Eight species of trees and shrubs were chosen to recreate wetland vegetation (Table 1). In addition, a seed mix was selected to ensure appropriate herbaceous species are present (Table 2). -4- Table 1. Tree and Shrubspecies Common Name Scientific Name Type Number Density trees/acre) Cherrybark Oak Quercus aaoda Bare root 75 107 Green Ash Fraxinus enns lvanica Bare root 50 71 Black Gum N ssa s lvatica biflora Bare root 100 143 Water Oak uercus ni a Bare root 75 107 Redba Persea borbonia Tublin 30 43 Blackhaw Virburnum runi olium Bare root 20 29 Red Chokeberr Aronia arbutifolia Bare root 20 29 Fetterbush Lyonia lucida Tubling 20 29 Table 2. Herbaceous species seed mix Common Name Scientific Name % of Mix Switch grass Panicum vir atum 25 Deer tongue Dichanthelium clandstinum 25 Fox sedge Carex vul inoidea 20 Broom sedge Andro 0 on vir inicus 5 Bush beard grass Andro 0 on lomeratus 10 Fringed sedge Carex crinita 8 Yellow-fruited sedge Carex annectens 4 Boneset Eu atorium er oliatum 3 On January 10, 2007, Tom Dickinson and Kate Montieth of TCG planted the trees and shrubs (Appendix D). Trees and shrubs were planted on 1 - 1.5 in spacings with a proposed density of 557 plants/acre. However, as additional plants were available planted densities were higher then proposed (Table 3). On February 20, 2007, a permanent 10 in x 10 in monitoring plot was established; corners were marked with rebar and located using a Trimble Geo-XT GPS with sub-meter accuracy. Baseline vegetation data (species, number, density, and location) were recorded and calculated (Figure 3; Table 3). Vegetation density within the monitoring plot was 1862 plants/acre. Table 3. Baseline Restoration data Common Name Scientific Name Number Density trees/acre Cherrybark Oak Quercus aaoda 6 243 Green Ash Fraxinus enns lvanica 10 405 Black Gum N ssa s lvatica biflora 7 283 Water Oak Quercus ni a 10 405 Redba Persea borbonia 5 202 Blackhaw Virburnum runifolium 2 81 Red Chokeberry Aronia arbuti olia 5 202 Fetterbush L onia lucida 1 40 -5- Figure 3. Location of plants in permanent sampling plot.3 [-D 30 25 ? Q. pagoda ¦ F. pennsylvanica 20 N. sylvatica d x Q. nigra 15 r d b e )K ay • V. prunifolium 10 +A arbutifoli . a -L. lucidia 5 0 A 0 5 10 15 20 25 30 B feet The herbaceous seed mix was broadcast in spring 2007, after all danger of frost had passed. The seed mix was applied throughout the restoration site at a rate of 20 pounds per acre. MONITORING Success will be determined by the restoration of wetland hydrology and vegetation. Monitoring will be conducted twice after the initial woody vegetation planting: at 6 months (June 2007) and at 12 months (January 2008). Monitoring will include general observation of the site to ensure that vegetation is surviving and that original wetland hydrology has returned to the site. Vegetation within the permanent monitoring plot will be inspected at each site visit and the abundance and density of the baseline vegetation (as shown in Table 3) will be noted to allow for the assessment of vegetative health and the calculation of mortality rates. If plant mortality reduces the average stem density to less than 320 stems/acre, additional vegetation will be planted. If, at the end of one year, the restoration has not met the above goals, Mr. Cothran and TCG will consult with USACE and NCDWQ for further guidance. + ¦ X X X ¦ C -6- It is anticipated that this restoration plan will satisfy conditions discussed at the December 4, 2006, site visit. Further, it will be included as an addendum with the forthcoming Section 404 and Section 401 General Water Quality Certification permit applications. Sincerely, Michael Wood The Catena Group CC: Chip Cothran, Dominion Development Ken Averitte, NCDWQ -7- Appendix A: Original data forms -8- DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project I Site: P, r " Date l e r S-- Applicant/ Owner: ar, s rI r4' PC Coumty: _tOe Investigator: ,k4?_ ?cr ovta ou,c Y-...... _..,.. State:_ A2 C. Do normal circumstances exist on the site? Yes ?" No Community 1D.-U44-rd is the site significantly disturbed (Atypical situation)? Yes. No ? Transect ID: 6V Is the area a potential problem area? Yes No ? Plot ID: z (explain on reverse if needed) VEGETATION Daninant Plant Species stratum Indicator Dominant Plant Species Stratum Indicator 1. In xt ~x rt l=r? 9. 2. ?? t G d1F?r r , ? a;>,, 10. 4'"rte-?r ?tye?s 12. 5. ,•?ya?ac?? -t?it'G 1? FAG 13. 6. 14. 7. is. a Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). o Remarks: L HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators - Stream, Lake, or Tide Gauge - Aerial' Photographs Primary Indicators: Other _ Inundated No Recorded Data Available .Saturated In Upper 12" Water Marks aai r Drift Lines Field Observations: _ Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: (in.} Secondary Indicators: Depth to Free Water in Pit: ? 1, Oxidized Roots Channels in Upper 12" Water-Stained Leaves Depth to Saturated Soil: >/ (in j --- Local Soil Survey Data . - FAG-Neutral Test Other (Explain in Remarks) Remarks: ?Vb ffrli"f7 -- rz4c'S SOILS WETLAND DETERMINATION Map Unit Name (Series and Phase): 6 r Drainage Class: Taxonomy (Subgroup):yac /47 u c?S Confirm Mapped Type? Yes_ No'v`a Profile Description: _ Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, Onches Horizon (Munsell Moist) ( Munsell Moist) Ahundancexontrsst Structuure etc. Hydric Soil Indicators: - Histosoi - Concretions - Histic Epipedon _ High Organic !Content in Surface Layer In Sandy Soils Sulfidic Odor Organic Streaking in Sandy Sails - Aquic Moisture Regime --Xisted On Local Hydric Solis List Reducing Conditions Listed on National Hydric Soils List - Gleyed or Law-Chroma Colors 'Other (Explain in Remarks) Remarks: Hydrophytic Vegetation Present? Yes No Is the Sampling Point Wetland Hydrology Present? Yes No Within a Wetland? Yes_Aef`- No Hydric Soils Present? Yes ,/ No Remarks: DATA FORM Gv, ROUTINE WETLAND DETERMINATION (1987 COE Wetlands` Determination Manual) Project 1 Site: (,:)? (,:)V f, c v? J? Applicant / Owner. ! L MPS ?a r r4 K Investigator: T r4 C4 ?,A ?e o u p Date: tC i 7 o 3V County: y,1 i a lee State: _,_ Do normal circumstances exist on the site? Yes ?' Na Is the site Significantly disturbed {Atypical situation}? Yes Norte Is the area a potential problem area? Yes No (explainon reverse if needed) Community ID: '3 e-IN4 td Transect,lD: Plot 10: VEGETATION Dominant Plant Species Stratum lndkator Dominant Plant Species Stratum indicator r I. Ile 't 4co'i _ 9 2.yir f7. 6C1 -tnC cur 10. 4. G"pSNt??•r/tt r??i rr nrorrr,r r C1 ,ti- 12. 5. Lr+J?(rd lkt.i/ / J 13. 6. 14. 7. is. a. 16. Percent of Dominant Species that are OBL, FACW, or FAG excluding FAC+ / o o Remarks: HYDROLOGY Recorded Data (Describe in Remarks); Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary indicators: Other - Inundated "N _v &turated in tipper 12" o Recorded Data Available _ water Marks Drift Lines Field Observations: invent Deposits y' Drainage Patterns in Wetlands Depth of Surface Water:_(in } Secondary Indicators: Depth to Free Water in Pit: /7, (in.) Oxidized Routs Channels in Upper 12" w-? ater-Stalned Leaves Depth to Saturated Soil? Local Soil Survey Data FAC-Neutral Test _ Other, {Explain in Remarks} Remarks: SOILS Map Unit Name (Series and Phase): rhb Drainage Class: 01044 Taxonomy (Subgroup): y ti; /ltd I/a y e(-'Ps Confirm Mapped Type? Yes_;. No Profile oescrilston: Depth MawX Colors Mottle Colors Mottle Texture, Concretion, riches Horizon (Munseli Moist) (Munsell Moist) Abundanee/Contrast structure, etc. d R_ rh Hydric Soil Indicators: Histosoi -;Concretions Histic Epipedon ----;High Organic Content in Surface Layer in Sandy Soils .?--airlfidic Odor Organic Streaking in Sandy Soils _?Aguic Moisture Regime v'Csted On Local Hydric Soils List ?5 using Conditions Llsted on National Hydric Soils List _?Gieyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic )Vegetation Present? Yes No Is the Sampling Point Wetland Hydrology Present? Yes ?' Na Within a Wetland? Yes t,' o Hydric Soils Present? Yes _ No Remarks: Appendix B: Pre-restoration photos -U- -14- -15- -16- -17- Appendix C: Grading and topsoil replacement photos -18- -19- -?0- Appendix D: Tree and shrub planting photos -21- _'? 1) - -2J- Initial formation of erosion feature - January 10, 2007. Appendix E: Permanent plot sampling photos -24- -25- Increased channelization of erosion feature - February 20, 2007. -26-