20050376 Ver 1_Complete File_20050413

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 13, 2005
DWQ# 05-0376
Mecklenburg County
Project Manager
Crosland, Inc.
227 West Trade St.,
Charlotte, NC 28202
Subject: White Pro
APPROVAL of 401
Dear Sir or Madam:
900 APR 1 9 2005
DENR - WATER QUALITY
Wade Ardrey Rd. WETLAND W STOWATER BRANCH
ater Quality Certification with Additional Conditions
You have our ?pproval, in accordance with the attached conditions and those listed below, to impact
0.499 acre of wetland for the purpose of developing the above noted site in Mecklenburg County, as described
in your application received by the Division of Water Quality (DWQ) on February 25, 2005. After reviewing
your application, we have determined that this project is covered by Water Quality General Certification
Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General
Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps
of Engineers. Please {rote that you should get any other federal, state or local permits before proceeding with
your project, including 'those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
i
In addition to the requirements of the certification (please note conditions #9 & #16), you must also
comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The wetlands area ?o be located along southwest property line that are not to be impacted shall be clearly
marked by fencing example - orange fabric fencing) prior to land disturbing activities.
3. Stormwater dis
accumulations,
4. A final written storm
construction of any F
runoff from the entir(
before any permane
constructed and OPE
structures at this site shall be constructed in a manner such that sediment
ng or erosion will not occur.
ater management plan shall be approved, in writing, by this Office prior to the
=anent facilities at the site. The stormwater facilities must be designed to treat the
project, unless otherwise explicitly approved by the Division of Water Quality. Also,
t building is occupied at the site, the facilities (as approved by this Office) shall be
ational, and the stormwater management plan (as approved by this Office) shall be
Ane Carolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirrnative Action Employer - 50% Recycled/10% Post Consumer Paper
implemented. The structural stormwater facilities as approved by this Office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural stormwater facilities shall be made without
written authorization from the Division of Water Quality.
5. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
6. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
8. Continuing Compliance. Crosland, Inc. (the applicant) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that state or federal law is being violated, or that further conditions are necessary to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided
to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Ak/aj
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, Mecklenburg County
Central Files
Chris Estes
MEMORANDUM
TO: Joh Dorney Regional Contact: Alan Johnson
Non-Discharge Branch WQ Supervisor: RPx nlPason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Crosland `Inc for White
Project Number 05 j 0376
Recvd From APP
i
Received Date 2/25/05 Recvd By Region
Project Type Residential
County Mecklenburg
County2
Region Mooresville
Certificates I Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impalct Score Index Prim.' Supp. Basin Req. Req.
FF-F-15Y 51N F- 39 F OTH O Y ON ?r11-138-3 ?? 30,838. 0.50 ?-
Mitigation Wetland
MitigationType f Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
1
Is Mitigation required? 0 Y * N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 350055 Longitude (ddmmss) 804951
Comments:
cc: Regional Office
Page
Central Office Number 1
Triage Check List
Date: 3/2/05
To: Alan
Project Name: Crosland Inc. - White Property
DWQ#: 05-0376
County: Mecklenburg
Mooresville Regional Office
60-day Processing Time: 2/25/05 to 4/25/05
?
From: Cyndij Karoly Telephone : [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Stream length impacted
Stream determination
Wetl d determination and distance to blue-line surface waters on USFW topo maps
Minim zation/avoidance issues
Buffer*ules (Meuse, Tar-Pamlico, Catawba, Randleman)
Pond
Mitig
Ditch
? Are th
? Check
Is the
? Cumul
Ratios
stream and or wetland mitigation sites available and viable?
rawings for accuracy
)plication consistent with pre-application meetings?
ive impact concern
? j
,I
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the a?tached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this proces , especially so that we can plan for the electronic applications, let me know.
Thanks!
Estes Design, Inc. a 5 0-3 7 6
Environmental Design & Consulting 1122?
I A
RECEIVED
February 15, 2005
?s N
Mr. John Domey
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
Subje t: PCN for the White - Winchester Property
Site assessment request for 40.81 acre site
Charlotte, Mecklenburg Co., N.C
Dear Mr. Dorney,
have enclosed a PCN Form requesting a WQC # 3402 & NWP 39 along with a
reports plans and maps. An application fee of $200 for Minor Water Quality
Certification has been enclosed. Comments have been received from USFWS &
SHP6i. As requested per USFWS an endangered species survey for the project site
was completed and included in the PCN.
I havejsent seven copies via certified mail for your use.
You may send me an e-mail to Chris(a)-EstesDesian.com or contact me at (704) 841-
1779 to set up a site visit.
Sincer Ily,
Chr
Lan
End
Cc. F
d
)her J. Estes, RLA, ASLA
pe Architect, N. C. & S.C.
Q???I _C: ? o
W
FEB 2 5 2009
DENR - WATER. QUALITY
WETLANDS AND STORMWATER BRA14CH
P.O. Box 79133 Charlotte NC. 28271 / Phone [phone]
L E C G!, P if
White - Winchester
Property
City of Charlotte
Mecklenburg County
North Carolina
050376
:-?
T
LE EITED
Pre-construction Notification Form and Supporting Documentation
for
U.S. Corps of Engineers Permits That Require Section 401
Certification
Prepared for.
White Property, L LC
Prepared by:
Estes Design Inc.
Lnvironmental Design & Consulting
7 .C. Box 71133 0harlo-0. N. C. 28271
White Property
City of Charlotte
Mecklenburg County, NC February 3, 2005
Office Use Only: Form Version Apri12001
050376
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.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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: ?
Applicant Information
Owner/Applicant Information
Name:
Crosland
227 West Trade St., Suite 900
Charlotte, NC 28202
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: rranson crosland corn
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if
the Agent has signatory authority for the owner/applicant.)
Name: Christopher J. Estes
Company Affiliation: Estes Design Inc
Mailing Address: P.O. Box 79133 Charlotte NC 28271
Telephone Number. [phone] Fax Number: Same
E-mail Address: Cestes(a EstesDesign com
White Property
City of Charlotte'
Mecklenburg County. NC
Project
21E@JR0W[2
February 3. 2005 FEB 2 5 2005
DENR - WATER QUALITY
hETUWDSAND S10RAIWq*R BRANCH
Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as
towns, rivII rs, 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. j 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 ?t 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 forml' t; 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 scal4 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.
2.
3.
4.
Directions
tion County: Mecxtennurg
est Town: Charlotte
name (include phase/lot number):
site (include road numbers, landmarks, etc.): See location map attached
Name of project: White Property
I
i
T.I.P. Project Number (NCDOT Only):_
Property Identification Number (Tax PIN):
N
5. Site
(Note - If r
for each crc
inates, if available (UTM or Lat/Long): N667543 51450391
is linear, such as a road or utility line, attach a sheet that separately lists the coordinates
of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Partly wooded
previously akriculture
7. Property size (acres): 40.81 ac.
8. Newest body of water (stream/river/sound/ocean/lake): Six Mile Creek
9. Rive I Basin: Catawba
(Note - this ust 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/.)
10. Describe the purpose of the proposed work Subdivision of property into Single Family.
White Property
City of Charlotte
Mecklenburg County, NC February 3. 2005
11. List the type of equipment to be used to construct the project: bulldozer, trackhoe & road
grader
12. Describe the land use in the vicinity of this project: Residential & Agricultural
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this project
(including all prior phases of the same subdivision) in the past, please explain. Include the USACE
Action. ID Number, DWQ Project Number, application date, and date permits and certifications were
issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful
information. Describe previously approved wetland, stream and buffer impacts, along with associated
mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior
segments of the same T.I.P. project, along with construction schedules.
A request for JD and site visit was completed on Nov. 23 2004. Final wetlands mao delivered to USACE
office Dec. 30 2005.
Future Project Plans
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 application: NA
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.
rty
White Prop?
Ctty of Charlotte
Mecklenburg County, NC February 3, 2005
1. Wetland Impacts
Wetland Impact
Site lumber
(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***
WQ 1 Fill .35 No 300 Fresh Water
I
I

I

* List each i
excavation,
100-Year 11
separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
ng, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
uns are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or
local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at
*** List a wetland',type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay,
bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: approx. 9.3 ac
Total area of wetland impact proposed: OA99 ac.
2. Stream Impacts, including all intermittent and perennial streams
StreamImppct
Site Number

p)
(indicate °?
p)
Type of
*

Impact
Length
of Impact

(ife et)
**
Stream Name Average
Width of
Stream

Before
Impact
Perennial or
Intermittent?

(please specify)
NA

I

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, cnb 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.
White Property
City of Charlotte
Mecklenburg County, NC February 3, 2005
6
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.eov. Several
internet sites also allow direct download and printing of USGS maps (e.g., w%iv.tonozone.com, www.mapguest.con% etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
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.)
NA

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.): NA
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:
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.
White Property
City of Charlotte
Mecklenburg County, NC February 3, 2005
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 iin 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 an j function and relative value of the impacted aquatic resource will be considered in determining
acceptabiliIty 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 orl 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/ncwet]ands/stnngide.html.
1
1. Provide a brief description of the proposed mitigation plan. The description should provide as much
information as possible, including, but not limited to: site location (attach directions and/or map, if
offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed
(restoration enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed
restrictions,1 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
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
White Property
City of Charlotte
Mecklenburg County, NC February 3, 2005
8
http://h2o.enr.state.ne.Lls/wrn/l*ndex.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):N/A
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):
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 [phone] 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 ?
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 V
Yes ? No ® If you answered "yes", provide the following information:
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.
White Property
City of Charlotte
Mecklenburg County, NC
February 3, 2005
*
Zone Impact
uare feet
Multiplier Required
Mitigation
1 3
2 1.5
Total
• Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
9
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.
Stormwater (PWQ Only)
peious acreage (both existing and proposed) versus total acreage on the site. Discuss
Describe '7r,
stormwateon
trols proposed in order to protect surface waters and wetlands downstream from the
property.
Sewage Disposal (DWQ Only)
Clearly detalilI the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater
generated from the proposed project, or available capacity of the subject facility.
violations (DW Only)
Is this site in ? la ' n of
s s to vio ho DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
.
Yes ?? No
Is this an afters-the-fact permit application?
Yes ? { No
9
10
White Property
City of Charlotte
Mecklenburg County, NC February 3, 2005
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 Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
j
F
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
USAnny Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander
US Army Corps of Engineers Avery
151 Patton Avenue Buncombe
Room 208 Burke
Asheville,NC 28801-5006 Cabamis
Telephone: [phone] Caldwell
Fax: [phone] Catawba
Cherokee Mecklenburg
Clay Jackson
Cleveland Lincoln
Gaston Macon
Graham Madison
Haywood McDowell
Henderson Mecklenburg
Mitchell Union
Polk Watauga
Rowan Yancey
Rutherford
Stanley
Swain
Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
10
White Property
Ctty of Charlottel
Mecklenburg County, NC February 3, 2005
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and: Wildlife Service /National Marine Fbheries Service
US Fish andlWildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office ox 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: ( 19) 856-4520 Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
I
Division of Vrater Quality
Division of Water Quality
State Historic Preservation Office
401 Wetland Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 127699-1650 Raleigh, NC 27699-1619 Raleigh, NC 276994617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]

I CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (9,19) 733-2293 Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany CakiweU Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great S}noky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, 14C 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
11
11
White Property
City of Charlotte
Mecklenburg County, NC February 3, 2005
Introduction
The 40.81 -acre site is currently zoned for residential located within the
City of Charlotte, Mecklenburg County, North Carolina. The existing
land-use in the vicinity is single-family and Agricultural. There is
approximately 9.3 acres of wetlands on the project site with important
aquatic function.
Jurisdictional waters of the U.S.
13
Means and methods
Preliminary investigation of jurisdictional waters of the U.S. onsite was
done according to the U.S. Army Corps of Engineers technical report Y-
8 7- 1 and Appendices, Corps of Engineers Wetlands Delineation
Manual, January 1987, Final Report. Additional data was acquired using
the U.S.G.S. quadrangle maps; the applicants survey plans, and the
applicants proposed grading plan, USDA soil survey of Mecklenburg
County North Carolina, aerial photographs, USFWS NWI maps and site
visits. The method of choice for wetland delineation was the level three
Routine Determination. The site is within the Catawba drainage basin
and is under the Catawba buffer rules. The majority of site is open non -
forested land.
Vegetation
The forested areas are dominated by FACW and FAC species. Trees
include Pine, Hickory, tulip polar, green ash, cottonwood, red maple and
sweet gum. Under story and herbaceous strata is dominated by privet,
alder and smilax. In the low areas wetland vegetation is prevalent
including willow, dogwood, button bush and juncus.
Hydric soils
The site includes Mecklenburg. Monacan & Iredell soils. The soils are
mapped units that vary from well-drained, slowly permeable soils with
medium water capacity to somewhat poorly drained, moderate
permeability and high water capacity. Inclusions and flat areas in
Monacan soils have a water table 6" to 2' below the surface as well as
ponding. Monacan soil permeability is .60-2.0 in/hr and PH is 5.1-7.3,
according to the natural resource conservation service Soil Survey of
Mecklenburg County.
Topography & Hydrology
The over all topography of the 40.81 acre project site is moderately
sloping towards the Six-mile creek floodplain bordered to the East by an
unnamed tributary to Six-mile creek. The site drains mainly to the South
of the property. An apparent highwater table, flooding with several small
ponds with significant wetland habitat, influences the existing low areas.
13
White Property
City of Charlotte
Mecklenburg County, NC February 3, 2005
Summary of Proposed Impacts
14
NWP # 39 Wetlands .499 ac
Total NWP #39 0.499 ac.
Preliminary planning for impact avoidance, minimization
and mitigation .
Consideration for environmental and regulatory issues was incorporated into
the design process to minimize impacts to the extent feasible. Temporary
construction impacts due to clearing and grading activities will be the most
disruptive impact for this site. Therefore the following avoidance and
minimization practices will be taken:
1) Silt fence & barriers, sediment traps, check dams and diversion ditches.
2) Construction barricades to define construction limits and tree protection fence for
tree save areas.
3) Pre-construction meetings to inform equipment operators of sensitive areas and
precautionary practices.
4) Restriction of vehicular access to sensitive areas that are to be preserved.
5) Regular and frequent inspection of erosion control and access control practices.
6) Delineated wetland boundaries will be clearly marked prior to construction to
prevent accidental damage to wetlands and tree save areas. Contractors are liable for
unauthorized wetland and tree damage not authorized by this permit, specifications
and plans. If necessary pre-construction meetings will be held in the presence of
USACE and NCDWQ officials
7) Project construction will strictly adhere to an approved "Sedimentation and
Erosion Control Plan". Best Management Practices will include utilizing silt-
trapping ponds and other erosion control practices where appropriate. At no time
shall staging areas for equipment and supplies such as fuel be located near surface
waters or the delineated wetland areas.
8) As required by the 401 Water Quality Certification conditions, measures will be
taken to prevent "live concrete from coming into contact with waters until the
concrete has hardened.
Wetland mitigation
Storm Water Management
In an effort to maintain water quality and reduce storm water impacts to the
existing aquatic environments, it is proposed that onsite storm water be
directed away from all jurisdictional wetlands. Of the total 40.81 acres 0.50
acres was previously single-family with the remaining property in agricultural
/ livestock use.
Threatened and endangered species
Federally listed plant and animal species with endangered or threatened
status are protected under the Endangered Species Act of 1973. The U.S.
Fish and Wildlife Service have identified one endangered species
14
White Property
City of Charlotte
Mecklenburg County, NC
February 3, 2005
15
Schweinitz's sunflower (Helianthus schweinitzii). Schweinitz's sunflower is
endemic to the piedmont of the Carolinas, where it is currently known from
10 populations in North Carolina and 6 in South Carolina. The North Carolina
populations are located in Gaston, Anson, Montgomery, Davidson,
Randolph, Union, Stanly, Cabarrus, Mecklenburg, and Rowan Counties.
Schweinites sunflower usually grows in open habitat. Investigation of the
sight for Schweinitfs sunflower resulted in none observed. None of the
Threatened, Endangered or Species of Concern was observed on site.
Notification has been made to the U.S. Fish and Wildlife Service (USFWS).
Common Name Scientific Name Status
Vertebrates
Bald eagle Haliaeetus leucocephalus Threatened (Proposed for
delisting)
Carolina darter Etheostoma coUis collie FSC
Invertebrates
Carolina creekshell Villesa vaughaniana FSC
Carolina heelsplitter Lasmigona decorata Endangered
Vascular Plants
Georgia aster Aster georgianus C 1
Heller's trefoil Lotus helled FSC
Michaux's sumac Rhus michauxii Endangered*
Schweinitz's sunflower Helianthus schweinitzii Endangered

Smooth coneflower Echinacea laevigata Endangered*
Tall larkspur Delphinium exattatum FSC*
Cultural resources
The project site has recently been used for cattle crop production. One non-
listed farm building exists. The surrounding land use is currently agriculture&
single -family residential. Notification has been made to and concurrence
received from the State Historic Preservation Office (SHPO).
Aquatic habitat
Aquatic systems on this project vary from wet meadow to forested wetlands.
Some small emergent wetlands exist in the floodplain and are indicated on
the USFWS NWI maps. The west property line consists of an unnamed
tributary to Six-mile creek adjacent to an existing sewer right-of-way. This
tributary was apparently diverted by cattle browsing approximately 1400 feet
south of Audrey-Kell Rd. The tributary is diverted over to the adjacent
property to the west leaving a relic stream channel that only receives
15
White Property
Clty of Charlotte
Mecklenburg County, NC February 3, 2005
16
ephemeral overflow. This remaining relic channel has evidence of past or
possible existing shellfish as well as existing amphibian habitat.
Conclusion
The 40.81 acre development will provide important economic and social
benefits to the region. Impacts to the aquatic environment are minimal and
impact to forested environment is also limited due to the extensive reach of
the floodplain area. By giving careful consideration to construction and post
development impacts, negative water quality impacts can be avoided.
Please don't hesitate to contact me if you have any questions regarding this
permit. My office phone number is [phone].
Sincerely,

Christopher J. Estes, RLA ASLA
Registered Landscape Architect
Cc: File, Blvd. Centro
16
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?.O. Box 79133 Clarlosc, N.C. 28271
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White Property Project Site
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P.O. Box 791331 Charlotte, N.C. 28271
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Environmental Design & Consulting
ZZ Wetland Impact Map
711.0. :3 ox 79133 Charlorc, N.C. 28271
s?fies Design I.na.
Environmental Design & Consulting
P_O. Box 79133 Charlotte, N.C. 28271
White - Winchester Project Site
Mecklenburg County
Wetlands Mapping
Estes. Cestcoc1?li,.
Environmental Design & Consulting
P.O. Box 79133 Garrotte, N.C. 28271
Project White-Winchester Property
Name:
Project No.: 04109 Sample No.: 3
Date: 9/27/04 By: CJE
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Do Normal Circamsta i es exist on site? No Community ID: 01
Have vegetation, soils, pr hydrology been disturbed? Yes Field Map No.:
Is the area a potential Problem Area? Yes L Plot ID- A
(If needed, explaiF? on reverse.)
I
'EGETATION (Note those species observed to have morphological adaptations to wetlands with a )
Dominan Plant S ies Stratum Indicator Dominant Plant Species Stratum Indicator
I- Frax. pennsyl?anica(seedlings) T FACW 9. Ludwigia H 0131
2. 10. Paspalum /aeve - wetland grass H FACW-
3• I 11. Juncus effusus H FACW+
4 : 12. Carex sp. H FACW
5 13. Andropogon virginicus H FAC-
E. 14.
15.
8.
16.
Percent of Dominant Spies that are OBL, FACW, or FAC
(except FAC-). Include species noted (•) as showing
morphological adaptation I s to wetlands. 8/9 = 89%
Describe Morphological .Adaptations:
Remarks:
This sample plot is in a meadow wetland. All woody species are seedlings suggesting previous agricultural use no earlier than 2 years ago.
uvnnnr tu_v
-Recorded Data (Descr be in Remarks):
_Stream, Lake, or Tim} Gage
X Aerial Photographs I
-Other
_No Recorded Data Available Wetland Hydrology Indicators:
x Inundated
x Saturated in Upper 12 inches

x Drift Lines Water Marks
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water. 1-8" (in.) x Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit :I <l2" (in.) x Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil (?) Other (Explain in Remarks)
Remarks:
The soil survey indicates a I rched" shallow water table due to an impervious soil layer.
1
awl
Map Unit Name: Moucan Mo Drainage Class: SPD
Taxonomy Field Observations
(Subgroup): Confirm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fluvaquntic
Eutrochrepts
Profile Description:
Matrix Color Mottle Colors Mottle Texture, Concretions,
Depth (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizosoheres, etc.
0-3" A 5YR 4/2 5Y 5/2 few/disitnct Sandy loam
7-14" B l0YR 5/3 5Y 5/1 Many/prominant Sandy clay loam
Hydric Soil indicator;:
Histosol x_ _Concretions
Histic Epipedon High Organic Content in Surface Layer
Sulfidic Odor x Organic Streaking
x Aquic Moisture Regime Listed in Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils Lists
x Gleyed or Low-Chroma Colors x Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No Is this Sampling Point Within a Wetland? No
Hydric Soils Present? No
Welland Hydrology Present? No
Remarks:
Environmental Design & Consulting
!^_O. Box 79133 Charlotte, N.C. 28271
White - Winchester Project Site
Mecklenburg County
Wetlands Mapping
I •
Estes s ' c. Project Name: White- Winchester Property
Project No.: 04109 Sample No.: 2
Environmental D4sign & Consulting Date: 09.27.04 By: CJE
P.O. Box 79133 Charlotte, N.C. 28271
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Do Normal Circumstances exist on site? No
Have vegetation, soils, or hydrology been disturbed? Yes
Is the area a potential Problem Area? Yes
(If needed, explain qn reverse.)
EGETATION (Note thosi species observed to have morphological adaptations to wetlands with a •
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum
I. Fraxinus pennsyivanica T FACW 9.
2. Fraxinus americanus T FACU 10. Paspalum laeve - wetland grass H
3. Acernegundo ! T FACW 11. Juncuseffusus H
4- Acerrubrum T FAC 12. Carex sp. H
5. Juniperus virginiana T FACU 13. Andropogon virginicus H
6. 14.
7-
15.
s
.
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-). Include species noted (*) as showing
morphological adaptations to wetlands. 8/9 = 89%
Indicator
FACW-
FACW+
FACW
FAC-
Describe Morphological
Remarks:
This sample plot is in afforested wetland adjacent to plot B which is a meadow, previously farmed wetland. Most woody species are mature suggesting
agricultural avoidance fof at least 30 years.
" nn Az MV
-Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gage
X Aerial Photographs
Other
No Recorded Data Available
- Wetland Hydrology Indicators:
x Inundated
x Saturated in Upper 12 inches

x Water Marks
Drift Lines
Field Observations: Sediment Deposits

"
Patterns in Wetlands
Drainage
(in)
Depth of Surface Water 1-12 x Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: <12" (in.) Water-Stained Leaves
Local Soil Survey Data
%
Depth to Saturated Soil (?) Other (Explain in Remarks)
Remarks:
The soil survey indicates a "perched" shallow water table due to an impervious soil layer.
Community ID: 01
-
Field Map No.: -
Plot ID: A
Svu.b
Map Unit Name: Imdell (DB) Drainage Class: PD
Taxonomy Field Observations
(Subgroup): Confirm Mapped Type? Yes: No:X
Fine, montmorillionitic,thetmictypicliapludalfs
Profile Description:
Matrix Color Mottle Colors Mottle Texhue, Concretions,
Depth (inches) Horizon (Munsell Moist) t unsell Moist) Abundance/Contrast Rhizospheres, etc.
0-6" A 2.5y 4/3 2.5y 5/2 few/disitnct Sandy loam
7-14" B 2.5y 5/2 2.5y 511 Many/prominaut Sandy clay loam
14"- 2.5y 5/2 2.5y /\6/1 Clay loam
Hydric Soil Indicators:
Histosol X Concretions
Histic Epipedon High Organic Content in Surface Layer
Sulfidic Odor X Organic Streaking
x Aquic Moisture Regime Listed in Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils Lists
x Gleyed or Low-Chroma Colors x Other (Explain in Remarks)
Remarks:
USDA soil survey describes a perched water table 1-2 feet below the surface and slow permeability.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No Is this Sampling Point Within a Welland? No
Hydric Soils Present? No
Wetland Hydrology Present? No
Remarks:
EstCf,C s io n e, Project Name: White Winchester Property
+??? Project No.: 04109 Sample No.: 1
Environmental C?esign & Consulting Dace: 092704 By: CJE
P.O. Box 79133 Charlotte, N.C. 28271
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Do Normal Circumstancgs exist on site? No Community ID: 01
Have vegetation, soils, or hydrology been disturbed? Yes Field Map No.:
Is the area a potential Problem Area? Yes Plot ID: A
(if needed, explain,) on reverse.)
'EGETATION (Note those species observed to have morphological adaptations to
Dominant'Plant Species Stratum Indicator
L Fraxinus pennsylvanica T FACW
2- Fraxinus amedcanus T FACU
3- Acernegundo T FACW
4- Acer rubrum T FAC
5. Juniperus virgplwana T FACU
6.
7
8.

Percent of Dominant Spies that are OBL, FACW, or FAC
(except FAC-). Include species noted (') as showing
morphological adaptations to wetlands.
I 8/9 = 89%
with a')
Dominant Plant Species
9. _
10. _
11. _
12. _
13. _
14. _
15.
16.
Stratum Indicator
Describe Morphological
Remarks:
This sample plot is in
uvnnnr ru-v
area adjacent sample 2.
-Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gage
_ Aerial Photographs
-der
No Recorded Data Available
- Wetland Hydrology Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks

Drift Lines
Field Observations: Sediment Deposits
na (in
)
Depth of Surface Water Drainage Patterns in Wetlands
.
. x Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit Water-Stained Leaves
I Local Soil Survey Data
Depth to Saturated Soils >12" Other (Explain in Remarks)
(in.)
Remarks:
I

I
I
IL-
Estes as in. tr-wa ,
Environmental Design & Consulting Z
P.O. Box 79133 Charlotte, N.C. 28271
Project White-Winchester Property
Name:
Project No.: 04109 Sample No.: 4
Date: 9.27.04 By: CIE
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
4
Do Normal Circumstances exist on site? No Community ID:
Have vegetation, soils, or hydrology been disturbed? Yes Field Map No.: B
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION Note those species observed to have morphological adaptations to wetlands witr a -)
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
L Quercus Rubrum T FAC 9.
2. Fraxinus americans T FACU 10.
3- Acernegundo T FACW 11. Juncuseffusus H FACW+
4. Acer rubrum T FAC 12. Fescue H
5. 13, Andropogon virginicus H FAC-
E. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-). Include species noted (') as showing
morphological adaptations to wetlands
Describe Morphological Adaptations:
Remarks:
Most woody species are mature.
riYLKVLVIi Y
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake, or Tide Gage Inundated
_ Aerial Photographs Saturated in Upper 12 inches
.Other Water Marks
No Recorded Data Available Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: NA (in) x Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: NA (in) Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: (in.) Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
SOILS
Map Unit Name: iMonean Mo Drainage Class: SPD
Taxonomy Field Observations
(Subgroup): Confirm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fhwaquntic
Eutrochrepts
Profile Description:
Matrix Color Mottle Colors Mottle Texture, Concretions,
Depth (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres. etc.
0-6" A 5YR 416 none none Sandy loam
7-14" B 10YR 4/3
I 5YR 5/4 few/distinct Sandy clay loam
Hydric Soil Indicators:
Histosol Concretions
His I tic Epipedon High Organic Content in Surface Layer
Sulfidic Odor -Organic Streaking
Aquic Moisture Regime Listed in Local Hydric Soils List
_
Reducing Conditions Listed on National Hydric Soils Lists
X GI yed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
I
I
i
WETLAND DETERMINATION
SOILS
Map Unit Name: Iradell (IrA) Drainage Class: PD
Taxonomy Field Observations
Confirm Mapped Type? Yes: No:X
(Subgroup):
Fine, montmorillionitic,thermictypicHapludalfs
Profile Description:
Matrix Color
Mottle Colors
Mottle Texture, Concretions,
Denth (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres. etc.
0-6" A 2.5y 4/2 2.5y 414 few/disitnct Sandy loam
7-14" B 2.5y 4/1 2.5y 4/4 few/disitnct Sandy clay loam
Hydric Soil Indicators:
Histosol X_ Concretions
Histic Epipedon High Organic Content in Surface Layer
Sulfidic Odor Organic Streaking
Aquic Moisture Regime Listed in Local Hydric Soils List
_ Reducing Conditions Listed on National Hydric Soils Lists
_ Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No is this Sampling Point Within a Wetland? Yes No
Hydric Soils Present? Yes No
Wetland Hydrology Present? Yes No
Remarks:
This sampling is in an upland.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
December 14, 2004
Mr. Christopher J. Estes, RLA, ASLA
Estes Design Inc.
P.O. Box 791133
Charlotte, Noirth Carolina 28271-7050
Dear Mr. Estes:
Subject: Sitel Assessment for a 90-acre Site (White Property) East of Marvin Road and South of
Wade Ardrey Road, Mecklenburg County, North Carolina
In your letter'lof November 15, 2004, you requested our comments on the subject project..
(Please note thatyour letter was incorrectly addressed to Mr. Mark Cantrell. Mark is a
biologist in the Asheville Field Office, but letters requesting U.S. Fish and Wildlife Service
input shouldI be sent to the Field Supervisor.) We have reviewed the information you
presented and are providing the following comments in accordance with the provisions of the
Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
The proposed project (single-family residential) will be built on land that is currently a mix of
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agricultural land, pasture, and woodlands (based on the aerial photography provided with your
letter). Marvin Branch Creek occurs on the property. No description is given of the potential
impacts.
Endangered (Species. You do not present evidence of any surveys of the project area for
federally listed species known from Mecklenburg County. Unless an area has been specifically
surveyed for listed species or no appropriate habitat exists, a survey should be conducted to
ensure that these resources are not inadvertently lost. Because the federally endangered
Schweinitz's sunflower (Helianthus schweinitzii) has been found about 1.2 miles from the
project site, vcI e would like to see a detailed account of the botanical analysis for this project.
Schweinitz's rsunflower is difficult to identify at any time, but even more so outside the flowering
season (late August to October). Enclosed is a' list of federally endangered and threatened
species and federal species of concern for Mecklenburg County. In accordance with the Act, it is
the responsibility of the appropriate federal agency or its designated representative to review its
activities or programs and to identify any such activities or programs that may affect endangered
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or threatened species or their habitats. If it is determined that the proposed activity may
adversely affect any species federally listed as endangered or threatened, formal consultation
with this office must be initiated. Please note that federal species of concern are not legally
protected under the Act and are not subject to any of its provisions, including section 7, unless
they are formally proposed or listed as endangered or threatened. We are including these species
in our response to give you advance notification and to request your assistance in protecting
them.
Erosion Control and Wetland/Stream Protection. Given the proximity of the project to
aquatic environments (Marvin Branch Creek), we want to emphasize that stringent measures to
control sediment and erosion should be implemented prior to any ground disturbance and should
be maintained throughout project construction. All wetland/stream crossings should be made
perpendicular to the stream, and spanning structures should be used rather than culverts.
Wetland/stream buffers (a minimum of 100 feet on perennial streams and 50 feet on intermittent
streams) should be maintained throughout the project area. The Clean Water Act 404/401 permit
application should clearly show why impacts are unavoidable and how impacts that are
unavoidable have been minimized. Unavoidable impacts will require mitigation.
We are very concerned with the potential floodplain impacts that could occur on the subject
property. Executive Order 11988 requires federal agencies (or there designated nonfederal
representative) to consider and protect floodplain functions. We believe the recent examples of
flooding throughout North Carolina highlight the importance of avoiding the "long- and
short-term impacts associated with the occupancy and modification of floodplains" and that we
should "avoid direct and indirect support of floodplain development." Alteration of the riparian
buffer and in-fill of the floodplain will increase the potential for the flooding of adjacent
properties and interfere with the natural hydrological process of the waterway. It would also
disrupt the migration corridors of wildlife.
The treatment of storm water leaving the project area is also a concern. The expansion of
urban/suburban areas creates more impervious surfaces (such as roofs, roads, and parking lots),
which collect pathogens, metals, sediment, and chemical pollutants, and quickly transmit them to
receiving waters. According to the Environmental Protection Agency, this nonpoint-source
pollution is one of the major threats to water quality in the United States and is linked to chronic
and acute illnesses from exposure through drinking water and contact recreation. Impervious
surfaces also lead to the pooling of storm water, increasing potential breeding areas for
mosquitoes, the vectors for many serious diseases.
Best management practices can reduce, but not eliminate, pollutant loadings of common
storm-water pollutants. Designs that collect runoff and allow it to infiltrate the soil have the
highest documented pollutant-removal efficiency, eliminating nearly all lead, zinc, and solids
and more than 50 percent of total phosphorous. Ponds and wetlands, which allow contaminants
to settle out of the water column or be broken down by sunlight and biological activity, can
remove more than 70 percent of bacteria. The North Carolina Wildlife Resources Commission
has developed a "Guidance Memorandum to Address and Mitigate Secondary and Cumulative
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Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality" that we support and
encourage you to use. It can be accessed via the Internet as follows:
//www.ncwildlife.org/pg07 wildlifespeciescon/pg7c3_impacts.pdf.
We offer the following recommendations to help address the secondary and cumulative impacts
associated with this project and to help minimize impacts to fish and wildlife resources:
1. The construction of new roadways can produce short-term direct impacts as
well as long-term cumulative effects. Studies have shown a serious decline in
the health of receiving waters when 10 to 15 percent of a watershed is
co vented to impervious surfaces. Impervious surfaces should be limited to no
more than 7 percent, curb and gutter should be limited in new developments,
an4 the direct discharge of storm water into streams should be prevented. We
recommend the use of grassed swales in place of curb and gutter and on-site
storm-water management (i.e., bioretention areas) that will result in no net
change in the hydrology of the watershed. These designs often cost less to
ins all and significantly reduce environmental impacts from residential
development.
2. Ef orts should be made to avoid the removal of large trees at the edges of
construction corridors. Disturbed areas should be reseeded with seed mixtures
that are beneficial to wildlife. Fescue-based mixtures should be avoided;
fescue is invasive and provides little benefit to wildlife. Native annual small
grains appropriate for the season are preferred and recommended. Where
feasible, use woody debris and logs from corridor clearing to establish brush
pil s and downed logs at the edges (just in the woods) of the cleared
rig ts-of-way to improve habitat for wildlife. Allowing the corridor area to
develop into abrush/scrub habitat would maximize benefits to wildlife.
Corridor maintenance should be minimized, and mowing should be prohibited
between April 1 and October 1 in order to reduce impacts to nesting wildlife.
We suggest a maintenance schedule that incorporates a portion of the area
(e.g., one-third) each year instead of the entire project every 2 or 3 years.
Additionally, herbicides should not be used in wetland areas or near streams.
At this stage of project development and without more specifics about construction locations or
techniques, it! is difficult for us to assess potential environmental impacts (direct, indirect, and
cumulative). We therefore recommend that any environmental document prepared for this
project include the following (if applicable):
A complete analysis and comparison of the available alternatives (the build
and no-build alternatives).
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2. A description of the fishery and wildlife resources within existing and
required additional rights-of-way and any areas, such as borrow areas, that
may be affected directly or indirectly by the proposed project.
3. The acreage and a description of the wetlands that will be filled as a result of
the proposed project. Wetlands affected by the proposed project should be
mapped in accordance with the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. We recommend contacting the
U.S. Army Corps of Engineers to determine the need for a Section 404 Clean
Water Act permit. Avoiding and minimizing wetland impacts is a part of the
U.S._ Army Corps of Engineers' permitting process, and we will consider other
potential alternatives in the review of any permits.
4. The extent (linear feet as well as discharge) of any water courses that will be
impacted as a result of the proposed project. A description of any streams
should include the classification (Rosgen 1995, 1996) and a description of the
biotic resources.
5. The acreage of upland habitat, by cover type, that will be eliminated because
of the proposed project.
6. A description of all expected secondary and cumulative environmental
impacts associated with this proposed work.
7. A discussion about the extent to which the project will result in the loss,
degradation, or fragmentation of wildlife habitat from direct construction
impacts and from secondary development impacts.
8. Mitigation measures that will be employed to avoid, eliminate, reduce, or
compensate for habitat value losses (wetland, riverine, and upland) associated
with any phase of the proposed project.
We appreciate the opportunity to provide these comments. If we can be of any assistance or if
you have any questions, please do not hesitate to contact Mr. Allen Ratzlaff of our staff at
828/258-3939, Ext. 229. In any future correspondence concerning this project, please reference
our Log Number 4-2-05-042.
Sincerely
S c t?
0
Brian P. Cole
Field Supervisor
Enclosure
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ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL
SPECIES OF CONCERN, MECKLENBURG COUNTY, NORTH CAROLINA
This list was a pted from the North Carolina Natural Heritage Program's County Species List. It is a
listing, for Me klenburg County, of North Carolina's federally listed and proposed endangered,
threatened, an candidate species and Federal species of concern (for a complete list of rare species in
the state, pleas contact the North Carolina Natural Heritage Program). The information in this list is
compiled from?a variety of sources, including field surveys, museums and herbaria, literature, and
personal communications. The North Carolina Natural Heritage Program's database is dynamic, with
new records being added and old records being revised as new information is received. Please note that
this list cannot be considered a definitive record of listed species and Federal species of concern, and it
should not be considered a-substitute for field surveys.
Critical habit t: Critical habitat is noted, with a description, for the counties where it is designated or
proposed.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur.
However, projects may have effects on downstream aquatic systems in adjacent
I counties.
COMMON NAME SCIENTIFIC NAME STATUS
MECKLENBURG COUNTY
Vertebrates
Carolina darter Etheostoma collis collis FSC
Bald eagle Haliaeetus leucocephalus Threatened
(proposed for delisting)
Invertebrates
Carolina heelsplitter Lasmigona decorata Endangered
Carolina creekshell Villosa vaughaniana FSC
Vascular Plaints
Georgia aster Aster georgianus C1
Tall larkspur Delphinium exaltatum FSC*
Smooth coneflIower Echinacea laevigata Endangered*
Schweinitz's s? nflower Helianthus schweinitzii Endangered .
Virginia quillwort Isoetes virginica FSC
Heller's trefoil Lotus helleri FSC
Michaux's sumac
I Rhus michauxii Endangered*
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C1 A taxon under consideration for official listing for which there is sufficient information to
i support listing.
November 12, 2p03 Page I of 2
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FSC A Federal species of concern--a species that may or may not be listed in the future (formerly
C2 candidate species or species under consideration for listing for which there is insufficient
information to support listing).
Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records.
*Historic record - the species was last observed in the county more than 50 years ago.
**Obscure record - the date and/or location of observation is uncertain.
***Incidental/migrant record - the species was observed outside of its normal range or habitat.
****Historic record - obscure and incidental record.
November 12, 2003 Page 2 of 2
4Ty N?' ? 4
Y??Y b ?Y
V?MM
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael F. Easley, Governor
L.isbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
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December 2, 200
Christopher J. Es es
Estes Design, Inc
PO Box 79133
Charlotte, NC 28271-7050
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Re: 90 Acres ?Ite for Single-Family residential, Mecklenburg County, ER 04-3072
Dear Mr. Estes:
Thank you for your letter of November 15, 2004, concerning the above project.
Office of Archives and History
Division of Historical Resources
David Brook, Director
We have conducted a review of the proposed undertaking and are aware of no historic resources which would
be affected by the project. Therefore, we have no comment on the undertaking as proposed.
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The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800. 1
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication Concerning this project, please cite the above referenced tracking number.
Sincerely,
ya&1
t
ter B. Sandbeck
I
Location Mailing Address relepttone/rax
ADMINISTRATION I 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone]/733-8653
RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone]/715-4801
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 [phone]/715-4801
HABITAT
ASSESSMENT AND
RESTORATION
PROGRAM INC.------ -
JAMES F. MATTHEWS, Ph.D.
T. LAWRENCE MELLICHAMP, Ph.D.
P.O. Box 655
Newell. NC 28126
[phone]
[phone]
fax : [phone]
cell : [phone]
February 18, 2005
Mr. Chris Estes
Estes Design
P.O. Box 79133
Charlotte, NC 28271-7050
RE: Forty Acre Site on Wade Ardrey Rd.
Dear Chris:
We performed an environmental survey of the above referenced site on February 16,
2005. The purpose of the field work was to determine the potential for the occurrence of
communities and species of concern, as determined by the North Carolina Natural
Heritage Program for the Weddington, USGS Quad. The list includes:
Eastern Creekshell - Villosa delumbia
Carolina Creekshell - Villosa vaughaniana
Georgia Aster -Aster georgianus
Schweinitz's Sunflower - Helianthus schweinitzii
Carolina Birdfoot-trefoil - Lotus helleri
Southeastern Bold Goldenrod - Solidago rigida ssp. glabrata
Basic Oak-Hickory Forest Community
Upland Depression Swamp Forest Community
Xeric Hardpan Forest Community
As noted in Figure 1, the site is mostly field (now fallow), surrounded by a border of
trees along the west side, paralleling a tributary to Sixmile Creek, a floodplain forest
along the southern border at Sixmile Creek and a narrow fenceline along the east side.
An abandoned home and yard front Wade Ardrey Rd.
All of the borders interfacing the fields, creek, road and floodplain forest, and the forest,
were examined. The field was recently abandoned from managed agriculture, within the
past two years. It is now dominated by early successional species, such as: Dog-fennel
(Eupatorium capillifolium), Daisy Fleabane (Erigeron annuus), Frost Aster (Aster
pilosus), Johnson grass (Sorghum halepense), Queen-Ann's Lace (Daucus carota),
Broom-Straw (Andropogon spp.), Verbena (Verbena urticifolia) and Groundsel-tree
(Baccharis halimifolia).
Habitat Analysis, Endangered Plant Studies, Restoration of Habitats, Wetland Mitigation, Monitoring
With the Mecklenburg and Iredell soils, the area has slow drainage. Patches of wet
vegetation are intermixed with drier areas. The woods along the west boundary are in
active, wo' dland pasture and have no groundcover or shrub layer. The floodplain forest
along the south border is also actively pastured and therefore impacted for vegetation.
Only a fe cerow exists along the eastern border, which also has an access road along the
fence.
The fence rows, depending on the hydrology consist of trees up to 10 inches diameter
breast height (dbh) including Hackberry (Celtis laevigata), Red Cedar (Juniperus
virginiana), Water Oak (Quercus nigra), Willow Oak (Q. phellos), Green Ash (Frazinus
pennsylvanica), Persimmon (Diospyros virginiana), Winged Elm (Ulmus alata), China-
berry (Me is azedarach), Black Cherry (Prunus serotina), Chickasaw Plum (Prunus
angustifot ), Multiflora Rose (Rosa multiflora), Japanese Honeysuckle (Lonicera
japonica), and Blackberry (Rubus spp.).
The floodplain forest is relatively young, with the largest trees being up to 14 in. dbh, a
Willow Oak, a Red Cedar 20 in. dbh., and a single Loblolly pine (Pinus taeda) 26 in.
dbh. The average dbh is about 8 in. Other species present include Water Oak, American
Elm (UlmI us americana), Red Maple (Acer rubrum), Sycamore (Platanus occidentalis),
and Sweet gum (Liquidambar styraciflua).
The existing standing water areas were checked for the presence of salamander egg
masses toy determine the possible presence for amphibians other than frogs. None were
found.
For the communities and species of concern, the following are noted:
None of a communities are present. The impacted floodplain forest is not an Upland
Depressi n Swamp Forest. There is no habitat for the Creekshell mollusks. No clasping
leaved ers (Georgia Aster) were found; the site is generally too wet. The habitat for
the Southeastern Bold Goldenrod is not present, and the thick leaves would still be
present if the species occurred along the ecotones. The habitat for Schweinitz's
sunflower is not present, although the soils are compatible. The available habitats along
the borders are too wet. Carolina Birdfoot-trefoil was not seen. It is readily recognized
in the winter condition with the fruits and by the branching pattern.
There
no recommendations for this site for communities or species of concern.
J es F. Matthews