20000238 Ver 1_Complete File_20000410

F WATT
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& Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

(? `C Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Permit, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #:
Fax To:
Company:
Fax #:
Number of pages including cover sheet:
Notes or special instructions:
919-733-1786
919-733-6893
Fax #: 0 -6oo
Date:

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401 Oversight/Express Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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NooftthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
0 •
06 2
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 10, 2000
Union County
DWQ Project # 000238
Mr. Mark Tyson
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Crismark Properties, Inc.
Post Office Box 748
Monroe, NC 28110
Dear Mr. Tyson:
You have our approval, in accordance with the attached conditions and those listed below, to place till
material in 0.93 acres of wetlands and 880 linear feet of streams for the purpose of developing the Crismark
Subdivision at Mill Grove, Stevens Mill and Idewild Roads in Union County, as you described in your application
dated February 9, 2000. After reviewing your application, we have decided that this till is covered by General Water
Quality Certification Numbers 3127, 3102, 3108 and 3114. These certifications allow you to use Nationwide
Permits Numbers 3, 14, 12, 26 and 33 when the Corps of Engineers issues it. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will
expire when the accompanying 404 or CAMA 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 except as
modified below. If you change your project, you must notify us 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 this 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, compensatory mitigation may be required as described in 15A NCAC
'H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
I. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notiiN the state in
order to assure compliance for future wetland and/or water impact. These 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).
2. An additional condition is that a final, written stormwater management plan shall be approved by this
Office for the future commercial development and (possibly) the multi-family development areas.
before the impacts specified in this Certification occur. The stormwater management plan must
include plans and specifications for stormwater management facilities designed to remove 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. Also, before any permanent building is occupied at the subject site, the stormwater
management facilities, as approved by this Office, must be constructed and operational, and the
stormwater plan, as approved by this Office, shall be implemented.
3. The stream impact (proposed at 160 feet under Nationwide Permit 14) shall he reduced to less than
150 feet. Otherwise additional stream mitigation shall be required.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 21-1
.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your :heck
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Fmployer • 50% recycled/10% post consumer paper
(made payable to: DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the 611 of 0.93 acres of riparian wetlands and 890 feet of streams, in 030712 river
and subbasin and 280 linear feet of stream restoration are required. Please be aware that the Wetland
Restoration Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A
2R.0503(b)).
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 which
confirms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 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 Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Dorney at 919-733-9646.
Frrc e
. Steve s
Attachment
4c: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Ron Ferrell; Wetland Restoration Program
File copy
Central Files
Len Rindner
Todd St. John
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Crismark Properties, Inc.has permission as outline below for the
purpose(s) of proposed Crismark Subdivision. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION Crismark Subdivision
COUNTY: Union
BASIN/SUBBASIN 030712
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate
fpr the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters
A outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r .0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
280 linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Date
023$
TYSONGROUP
L.C. Tyson Construction Co., Inc. . First Carolina Construction, Inc. . Rental Management & Maintenance Co., Inc. . Ty-Par Realty, Inc.
April 28, 2000
Mr. John Dorney
Division of Water Quality
4401 Reed Creek Rd -
Raleigh, NC 27607 WE5 ?RU
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RE: Crismark Development-Union County
Dear Mr. Dorney:
First let me thank you for reviewing our project and providing for our 401 Water Quality
Certification. As per our phone conversation on 4/28/00 I am writing to you to ask for an
extension on contributing to the Wetland Restoration Program.
Crismark Properties, LLC is currently working diligently with the United States Fish &
Wildlife Service and the North Carolina Wildlife Resources Commission to protect
Goose Creek. A meeting is set up for May 18, 2000 at 11:00 a.m. to sort out the
remaining issues. May we have an extension, which will allow us to finalize our United
States Corps of Engineers permit? Once we have received that permit within thirty days (IJ?J
we will contribute to the Wetland Restoration Program.
Thank you for your time and if the above is acceptable to you and your office please let
us know.
Sincerely,
C. Mark Tyson
Land Development Manager
Cc File
Carlton Tyson
V'
P.O. Box 748 • Monroe, NC 28111-0748 e [phone]
www.tysongroup.com
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MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mark Tyson / Crismark
Project Number 00 0238
Recvd From APP
Received Date 2/9/00
Recvd By Region
Samar Bou-ghazale
Bex Clenwn
County Union
County2
Region Mooresville
Project Type construction
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 F-- O Y O N F-- 13-17-18 r C F_- 30,712. 1.03 890.00 730.00 F-,4 F- 7T -@N F- F- r-F-F-r- F- 160.00 r-
12 F- O Y O N F_F_F_F__F_F_F_ F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y OQ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y O N
Is Mitigation required? 0 Y O N
Provided by Region: Latitude (ddmmss) 350715
Recommendation: O Issue 0 Issue/Coed O Deny
Longitude (ddmmss) 803732
Comments:
The ap Iii cant proposes to fill 890 feat of streams to provide access for a single family residential
subdiyisbn The proposed fill will take place on different sreams within the _subdivision. Field
rove egation resealed that the unimportant stream of 160 feet menteoned in the application under
Nw 14 was found to be important and, therefore itigation should be required. The applicant is
proposing to mitigate only for the 280 feet of stream filled under NW # 26 by contributing to the
Weiland Restoration Program According to Leonard Rindner, consultant, it is the owner's _intention
to reduce the impact to less that 150 feet on the 160 feet mentioned above and re-design the road
gyros g to reduce the impact thereby avoiding mitigation on that segment, The impact to wetlands
is lees than 1 /3 aG
It is recommended that the 401 certification be issued provided that the stream impact (under NW #
14.) is reduced to lees than 150 feet and receoint of mitigation fLln(Is for 280 feet of Stream.
cc: Regional Office Page Number 1
Central Office
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Mr. Brian P. Cole
State Supervisor
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Dear Mr. Cole:
August 11, 2000
o ? _ L? Il
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V'JETLAN S GROUP
WICT R ?, ? ??I
This responds to your June 29, 2000 correspondence regarding the planned Crismark
residential development, (Action ID number 200030519), near Indian Trail, Union County,
North Carolina. In particular, your letter indicated concerns with the subject development and
potential effects on the Carolina Heelsplitter (Lasmigona decorata). Recently Mr. Mark Cantrell
of your staff was provided a copy of the revised project pre-construction notification package
and a copy of our nationwide permit verification notice to the applicant authorizing a number of
road and sewer line channel crossings.
During the Department of the Army (DA) review of the pre-construction notification, we
have evaluated potential project effects on endangered species. Part of the evaluation includes a
determination regarding whether or not the requested DA permit will cause upland activities that
will effect such species. In coordinating with the permit applicant we are aware that should the
DA authorization for the project not be available, an alternative project plan would be
implemented. This plan avoids watcrs of the United States entirely, resulting in no DA permit
jurisdiction. Where legitimate upland alternatives are available to the applicant, our scope of
analysis is limited to the immediate permit area(s). In the case of the Crismark subdivision, the
requested DA nationwide permits will not cause the planned upland, residential construction.
-7,,
In evaluating the above pre-construction notification, the Corps has'required a number of
project revisions. In addition, special conditions have been attached to the nationwide
verification in order to prevent both onsite and offsite sediment impacts. While standard erosion
control practices will prevent channel scour and bank erosion in the immediate area of the
channel crossings, others are for the purpose of reducing upland runoff effects on the various
onsite permit areas (see attached nationwide permit verification). As no endangered species are
known to occur on the project site and the nearest Carolina heelsplitter is approximately 4 to five
miles downstream of the development, we have rnade a determination of no effect regarding the
authorized crossings. Non the less, it is probable that conditions attached to the subject
nationwide permits will be beneficial to water quality and aquatic organisms, even outside of the
project area.
r
2
The authorized stream crossings for this project are expected to have minimal impact on
the aquatic environment and there is no need for the Corps of Engineers to exert discretionary
authority requiring an individual DA permit. We believe our Section 7 responsibilities have
been fully satisfied. Your comments regarding our section 7 consultation responsibilities are
appreciated.
Sincerely,
Robert W. Johnson
Chief, Asheville Regulatory Field Office
Enclosure
Copies Furnished (without enclosures):
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. John Alderman
North Carolina Wildlife Resources Commission
244 Red Gate Road
Pittsboro, North Carolina 27312
Mr. Frank McBride
North Carolina Wildlife Resources Commission
Habitat Conservation Program ?. a
1721 Mail Services Center t?i"tl* .¢ . #__.. ?.....:?
Raleigh, North Carolina 27699-1721
Ms. Becky Fox
U.S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
Ms. Andrea C. Correll
Town of Indian Trail
Post Office Box 2430
Indian Trail, North Carolina 28079
G. Wayne Wright/CESAW-RG
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,,,,0314,UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303 - 8960
Colonel James W. DeLony MAY 2 4 2000
District Engineer
ATTN: Mr. Bob Johnson
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
SUBJ: Crismark Subdivision
Dear Colonel DeLony:
J
4 -
'?S
Thank you for the opportunity to review and comment on the proposed use of Nationwide
Permit Numbers 12, 14, 26, and 33 for the construction of road and utility line crossings in
Crismark Subdivision. According to the preconstruction notification application, the project is
located between Mill Grove Road, Stevens Mill Road, and Idlewild Road, near Indian Trail, in
Union County, North Carolina. It appears from the application and other documents that the
proposed project will impact approximately 890 linear feet of tributaries to Goose Creek, 280
linear feet of tributaries to the South Fork of Crooked Creek, and 0.93 acre of wetland.
Mitigation is proposed in the amount of $35,000 donation to North Carolina Wetlands
Restoration Program (NCWRP).
The U.S. Environmental Protection Agency, Region 4 Wetlands Section (EPA) has
reviewed the documents associated with the project, and has the following comments.
We recognize that Goose Creek is listed by the North Carolina Department of
Environment and Natural Resources on the 2000 Clean Water Act Section 303(d) list as not
supporting its designated use due to sediment and fecal coliform from sources including urban
runoff, storm sewers, and construction, while Crooked Creed is listed as only partially supporting
its designated use, due to an unknown impairment from urban runoff, agriculture, and
construction . EPA believes that additional adverse impacts to the Goose Creek and Crooked
Creek watersheds may further prevent these waterbodies from fully supporting their designated
uses.
Additionally, we understand that Goose Creek contains a population of the federally
endangered Carolina Heelsplitter (Lasmigona decorata). The Carolina Heelsplitter is a unionid
mussel species, found in small to large streams and rivers, usually found in mud, muddy sand, or
muddy gravel substrates along well-shaped stream banks. We note that although adults of the
species are found 5 miles away from the project area, the glochidia larvae may potentially be
found closer to the project site, on the gills of the host fish.
2
EPA has determined that the aquatic resources to be impacted by the project, including the
tributaries to Goose Creek, constitute aquatic resources of national importance. EPA is
concerned about the potential significant secondary and cumulative impacts to water quality from
this project. We fully support the U.S. Army Corps of Engineers (Corps) in its attempts to
protect the water quality of Goose Creek and Crooked Creek from further impairment and the
Carolina Heelsplitter from potential adverse effects. Without attention to protection of the
existing water quality and habitat, EPA believes that the project may substantially and
unacceptably impact aquatic resources of national importance.
EPA supports the Corps' requirement for stream buffers and improved stormwater
infrastructure on the property to prevent peaks in the hydrograph of Goose Creek, and to prevent
increased discharges of sediment into the streams. The required structures include rain gardens,
storm water outlets with flow spreaders, and swales. Additionally, we believe it would be
appropriate for the applicant to monitor the following parameters on a monthly basis during a
qualifying rain event (a qualifying event is defined as 0.5 inches of rain over a 24-hour period):
Settleable Solids, Total Suspended Solids, Turbidity, and Flow Volume.
EPA appreciates the opportunity to comment on this project. Should you have any
questions regarding these comments, please contact Kathy Matthews at [phone].
Sincerely,
V&Lma
Veronica R. Fasselt
Acting Chief
Wetlands Section
cc: USFWS, Asheville
DWQ/NCDENR, Raleigh.-
NCWRC, Raleigh
WRP/NCDENR, Raleigh
?. ?{aiv EDP
(Division of Water Quafity
MEMO From: A1,611
Date:
To: Subject:

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NCDENR
North Carolina Department of Environment and Natural Resources
PO Box 29535, Raleigh, North Carolina 27626-0535 / Phone: [phone]
NCWRC,HCP,FALLS LAKE TEL:[phone] Mar 15'00 13:25 No.001 P.02
K-7) I
® North Carolina Wildlife Resources CommissionO
312 N. Salisbury Street, Rpleiah, North Carolina 27604-1188, 919433-3391
Charles R. FullwoW, Executive Director
MEMORANDUM
TO: John Dorney, Wetland Scientist
Water Quality Pl 'vision of Water ity
FROM, Owen Anderson, ont egion Coordinator
Habitat Conservation Program
DATL': March 15, 2000
SUBJECT: C'.R15MARK Properties, LLC request for Nationwide Permit 26, 14, 12, 33, and 3
and Section 401 Certification to fill wetlands and impact streams for CRISMARK
Subdivision, Union County, North Carolina. DEM 1D # 000238
Biologists on the Wildlife Resources Commission staff have reviewed the subject document
and are familiar with habitat values of the project area. An on-site investigation was conducted on
March 6, 2000 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.).
Applicant proposes to develop a 450-acre wooded site for commercial and multi-family
development areas. The project plans include filling 1.03 acres of wetlands and stream channels,
impacting 280 linear feet of streams with important aquatic function and 610 feet of streams with
unimportant aquatic function under Nationwide Permits #26 and #14. An additional U.18 acres of
wetlands and streams will be impacted under Nationwide Permit 4#12. Approximately, 1,000 lots
are planned for this development. The site borders on Goose Creek and an unnamed tributary with
associated smaller tributaries running throughout the project area. A small portion of the site drains
to Crooked Creek. The on-site investigation revealed that a portion of a tributary to Goose Creek
already has been cleared and graded. This appears to be a part of the 450-foot section of stream
where a pond is to be constructed.
Goose Creek is inhabited by the Carolina heelsplitter (Lasmigona decorula), a federally
endangered freshwater mussel. Goose Creek supports one of only six populations of this species in
the world, Each of these six populations is oonsidered essential to the continued existence of the
species. The Atlantic pigtoe (Fucconaia maxoni), a federal species of concern, is also found in
Goose Creek. This is one of only a few populations of this species remaining in the Yadkin-Pee
Dec system. All populations of the Atlantic pi toe within this system appear to he in decline. A
second federal species of concern, the Savannaahh lilliput (Toxolasma pulhO, is found in both the
NCMRC,HCP,FALLS LAKE TEL:[phone] Mar 15'00 13:26 No.001 P.03
DWQ 401 000238 2 March 15, 2000
Union County, Goose Creek
North and South Forks of Crooked Creek. The Crooked Creek population is one of only three
populations of the Savannah lilliput within the Yadkin-Pee Dee basin, Each of these populations is
in decline. The Lower Yadkin-pee Dee River Basin Nonpoint Source Team selected Goose Creek as
the top priority for management action (NCDWQ 1997). Many federal, state, and local agencies are
working on conservation measures to improve the water quality and protect aquatic habitat within
the Goose Creek subbasin.
Division of Water Quality (DWQ) Bob both Goose and Crooked Creeks as impaired. Goose
Creek was rated as "not supporting" its intended uses and was given a "Poor" bioclassification
based on data from a bcnthic macroinvertebrate survey conducted during DWQ's 1996 basinwide
investigation. Goose Creek alrcady is exhibiting stream bank erosion, elevated fecal coliform
bacteria levels and sedimentation, which are characteristics associated with urban development.
Wetlands and riparian buffers are especially important in this system to help prevent further
deterioration of water quality, to protect the aquatic habitat and to help. prevent the extirpation of a
federally endangered species. Wide riparian buffers are helpfW in maintaining stability of stream
banks and for treatment of pollutants associated with urban stormwater. Keeping disturbances from
utility crossings as far away from creeks as possible and minimizing crossings of creeks is also an
important strategy in maintaining aquatic habitat. To avoid impacts to water quality and stream
geomorphology, road crossings should be minimized. Finally, fill of the 100-year Iloodplain should
be avoided because these areas arc important for flood storage and pollutant removal.
Development of this site will significantly increase impervious surfaces. 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), increasing impervious surface area will
increase the quantity of stormwater discharged to area streams, which may reduce rainfall
infiltration, increase soil erosion, and concentrate stormwator pollutants (e.g., fertilizers, pesticides,
toxic chemicals and heavy metals). Peak stream flows are typically increased, causing streambank
erosion, channel destabilization, degradation of strenmbank habitat, and increased magnitude and
frequency of flooding.
As the document indicates, the wetlands on this site have a very high function and value in
regard to water storage, bank stability, wildlife, and aquatic life resources. The applicant oilers
"buffers along streams to the extent feasible" as mitigation for wetland impacts. Project map shows
buffers are highly variable and In many locations the tots extend to the stream bank. Mitigation for
stream impacts involves protecting remaining streams with buffers and 1:1 mitigation for the 280
feet of streams with important aquatic function by contributing $35,000 to the North Carolina
Wetland Restoration Program (280 If X $125/10.
We recommend that the following conditions be incorporated into the permit to reduce
impacts to fish and wildlife resources, including the federally endangered Carolina heelsplitter and
its habitat:
1. Redesign project to maximize riparian buffer width along perennial streams. We support
giving mitigation credit where Appropriate to increase forested buffer width, in these
subbasins, especially Goose Creek, we believe forested riparian buffers of 200-300 feet arc
important in maintaining habitat for endangered and rare aquatic species. For intermittent
streams, we recommend forested buffers in the range of 35-50 feel.
2. Use bridges for all permanent roadway crossings of streams and associated wetlands. Tf
culverts are used on the project, install the culverts so they do not adversely impact the
stream morphology. A primary culvert should be sized to carry only the bankfuil flow.
Additional secondary culverts should be installed above the primary culvert to carry the
NC,WRC,HCP,FALLS LAKE TEL:[phone] Mar 15'00 13:27 No.001 P.04
DWQ 401 000238 3 March 15, 2000
Union County, Goose Creek
flood (lows. The bottom of the rimary culvert should be buried approximately one foot
below the streambed to prevent mentation of aquatic habitat. If multi-cell box culverts
are used, one cell should be used and sized for the bankfun flow and the entrances of the
additional cells should be blocked to a level so that they function only when now is above
the bankfull condition.
3. Minimize temporary road crossings. It is preferable that permanent roads be installed in the
initial phases of the project so those temporary road crossings are avoided. Portable bridges
are recommended if temporary crossings can not be avoided.
4. Locate sewers and other utilities as far away from creeks as functionally possible and
minimise stream crossings. it is preferable that sewers be located outside the riparian
buffers recommended in item 1.
5. Use grass swales to convey stormwater where practicable, Route stormwater from
commercial and residential sections to stormwater retention ponds for treatment. It is
recommended that stormwater ponds have a littoral shelf. Stormwater can also be routed
into bioretention structures (i.e., rain gardens) and/or allowed to infiltrate into the riparian
areas. To protect aquatic habitat, it is preferable that the post-development hydrograph not
exceed the prc-development condition. Energy dissipaters should be installed as necessary
to prevent scouring by stormwater discharges.
6. Require mitigation at a 4:1 ratio for wetlands and require stream mitigation of 2:1 for those
streams with important aquatic functions, Allow credit for preservation of forested riparian
butlers of up to 300-feet in width along perennial streams and 50 feet along intermittent
streams and any areas within the 100-year floodplain for the portion of the wetland and
stream mitigation above 1:1. Require any funds given to the Wetland Restoration Program
be earmarked for wetland and stream restoration and preservation in the Goose Creek
watershed.
Thank you for the opportunity to review and comment on this application. If I can be of
fixrthcr assistance, please contact me at [phone].
Literature Cited:
Booth, D. 1991. Urbanization and the natural drainage system-impacts, solutions, and prognoses.
Northwest F,nvironmental Journal. 7(1):93-118.
NC Division of Water Quality. 1997. Yadkin-Pee Bee River Basinwide Water Quality Management
Plan. Draft. December.
Schueler, 'fom. 1994. The Importance of Imperviousness, Watershed Protection Techniques. 1:3
(pploo-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.
cc: CRISMARK Properties, LLC
Steve Lund, USACOE, Asheville
Mark Cantrell, Biologist, USFWS Asheville
11 A(
CRISMARK
Indian Trail, 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. Mark Tyson
CRISMARK Properties, LLC
P.O. Box 748
Monroe, NC 28110
Prepared Bv:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
Alliance Engineering and Surveying, Inc.
1394-B Walkup Avenue
Monroe, NC 28110
[phone]
Subject to verification by the USACE & NCDWQ
Date : 1/00
DEM ID:
CORPS-ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE4 -CONS TPUCT.I ON NOT
CATION
^QR NATI ONFIIDE . PERMITS THAT REQUIRE :
Z) NOTIFICATION TO TSE CORPS OF ENGINEERS
2) APPLICATION FOR SLCTION 401 CERTIFICATION
3) • COOF.pINA,TION WITH =a NC DIVISION OF COP.STAL MANAGEMENT
SEND THE ORIGINAL AND
FIELD (1) GOFY OF THIS COMPLE
OFFICE OF THE CORPS OF TED FORM TO THE APDROPR2ATE
(7) COPIES ENGINEERS (SEE ,AGENCY ADDRESSE
SHOULD BE SENT TO THE N.C. DIVISION OF ENVI S RONMENT, SHEET) SEVEN
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
M,nr7AGEMEN'T
1. OWNERS NAME : -4 tp
?• MAILING ADDRESS: t* X 7A f S
SUBDIVISION NAME:
CITY :??
STATE: ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME
M2k.ZLII?NrrG ADDRESS ABOVE) ; (IF DIFFERENT FROM
3•. TELEPHONE NUMBER (HOME):
(WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, AtDRE
PHONE NUMBER-: -
SS,

Hitrk T..

5. LOCATION OF WORK (PROVIDE A MAP,
MAP PREFERABLY A copy OF USGS
AE.I PHOTO PHY ITH SCALE): TOPOGRAPHIC
OUNTTY Y: ?
COUNTY:'
NEAREST TOWN OR CITY:
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
#4 do6W
.
6. IMPACTED OR NEAREST . STREAM/RIVER: Ur. or-
RIVER BASIN: ---------------------
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA) , HIGH QUALITY Wt'_TERS (HQW) , OUTSTANDING RESOURCE WATERS (ORW) , WATER
SUPPLY (WS-I OR WS-II)? YES J. NO [,o - IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL, CONCERN (AEC) ? YES [ ) NO j
7c. IF THE PROJECT IS. LOCATED WITHIN -'COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a• HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES
PREVIOUS PERMIT AND I J NO ?wr IF YES, PROVIDE ACTION I . D. NUMBER OF
ANY ADDITIONAL INFORMATION INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
Pa. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
gb.
T ??

ESTIMATED TOTA-L NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT STTF.
40,
t.-3. ao

s -pv nd

8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? _YES [?rJ' NO IF YES, DESCRIBE ANTICIPATED WORK:
d1poft JL -
10a. NUMBER OF ACRES OF WETLANDS'IMPACTED BY THE PROPOSED PROJECT BY:
NWC?? ?? vJuNa„?t? : ?R3
FILLING : C??anhcjG . C$ j EXCAVATION :
Nwv -4 t4 cA nev-1e, -a I
FLOODING: OTHER:
DRAINAGE : /?/ WI' ?,(? y?,(t, ?q?
TOTAL ACRES TO BE IMPACTED : .1? ?tl? _r,.'C • Ql
.N`?LL ? ? Zw. SeN S ??% ./IS w !' ?' ?,1 S /a-?r..?-S ,?,,," /? 4"r'?Ylel?wy s ¦Q
lOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVS; '
? T?.NU to
CE OT FORE AND AFTERaREL CATION)
LENGTH BE R htv?P !f Lti ? ?• ?"' o
Z=.1ues ?t-t?F UNIM P I 6 Fm AFTER
FT
WIDTH BEFORE (based or normal high water contours) : b 4-(0
i
A. O FT
WIDTH AFTER:.
Ar (o n.
A4ERAGE DEPTH BEFORE: --
FT AFTER:
G
(2) STREAM CN_AImNEL IMPACTS WILL RESULT FROM:
OPEN 'CHANNEL RELOCATION:
CHANNEL EXCAVATION:
OTHER: 0 tA60 0- ( G &-f . ! - e
L 1
O FT
(CHECK ALL THAT APPLY)
PLACEMENT OF PIPE IN CHANNEL: ?
------
CONSTRUCTION OF AA DAM/FLOODING:
vc4ion
11. IF CONSTRUCTION OF A POND IS PROPOSED,
WATERSHED DRAINING TO THE POND?.
WHAT IS THE EXPECTED POND SURFACE AREA?
WHAT IS THE SIZE OF THE
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :
Aevd, f°s1aor
13. PURPOSE OF PROPOSED WORK:
3

v -
YOU ARE REQUIRED TO CONTACT THE U.
(USES. FISH AND WILDLIFE SERVZC`Ew•.l
ADDRESSES (U'v15) AND/OR NATION AL MARINE FISHERIES SERVICE
SHEET) REGARDING THE PRESENCE OF ANY FE E(NMFS) SEE RALLY(LISTED?ORY
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL, HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED. BY THE PROPOSED PROJECT. DATE
CONTACTED:
FROM THESE AGENCIES.) /? - (ATTACH RESPONSES
16• YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
'PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
.PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE U5E'OF
'PUBLIC (STATE) LAND?
YES [ ] NO [' ( IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSDANT-TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRON??ENTAL
POLICY ACT?
YES [ J NO [ 3
b• IF YES, HA5 THE DOCUMENT BEEN .?
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSDETHROUGH THE NORTH CAROLINA
YES [ J NO [3
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL
MANAGEMENT
COMPLIANCE. WITH THE NORTH CAROLINA ENVIRONMENTAL POLICYACT:REGARDING
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE +
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET
NORTH CAROLINA 27603-9003, TELEPHONE [phone]. RALEIGH,
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRZED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS) :
18• THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MAT
INTO WETLANDS. ER=AL
ca - WETLAND DELINEATION MAP SHOWING ALL WETLANDS, AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMB SfiREAMS, LAI{E5
2 9 , AND 38). Alt STREAMS (INTERMITTENT AND P NUMBERS 14, 18, 21,. 26F
MAST BE SHOWN ON THE MA_D. MAP SCALES SHOULD BER•?N NICH EQUALS 500FEETYOR
INCH EQUALS 100 FEET OR 'THEIR EQUIVALENT.
b• IF AVPSL•A•BLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE 1
IMPACTED BY PROJECT
r-• IF DELINEATION WAS PERFORMED BY A CONSULT.
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINEINCLUDE ALL DATA
d• ATTACH A COPY OF THE STORMWATER MANAGEMENT D
e• WHAT IS LAND USE OF SURROUNDING PROPERTY? IRAN IF REQUIRED.
IF APPLICABLE, WHAT IS PROPOSED METHOD OF S
EWAGE DISPOSv,L?
?LGtln
9• SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
?VOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT BE IMPA
1) ISSUANCE OF_ A SECTION 404 CORPS OF ENGINEERS PERMITt TO:
2) EITHER THE ISSUANCE p
ENVIt? ETOR WAIVER OF A 401 DIVISION OF
MA-ZC- -MNT (WATER QUALITY) CERTIFICATION, AND
3) (-72q fiY--1 2-w----NTY COASTAL COD"NTIES OYZ
NORTH CAROLINA DIVISION OF COASTAL -VIANAGEMET , STATINGy HE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL IKWAGENfENT
PrZO GR.A?i •
OWNER'S/AGENT`S Si
TURF
(AGENT'S SIGNATURE V;-.LID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (1 g g •) )
8 p0
D E
5
LEONARD S. RINDNERr PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
February 14, 2000
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
15I Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R Dorney
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: CRISMARK - ± 450 Acre Site Indian Trail, Union County. North Carolina - Nationwide Permi
#26. 14. 12.33. 3
Dear Sirs:
On behalf of my client, CRISMARK Properties, LLC, I am providing you with the following information
concerning CRISMARK for your consideration. As depicted on the attached plans, the project avoids the
primary streams to the extent feasible within the project and incorporates the riparian zone as common open
space. Current land use in the vicinity is developing single family subdivisions. All fill material will be
unpolluted and appropriate measures to control sedimentation and erosion will be employed. Wetlands and
streams which will not be disturbed will be protected during construction from damage due to construction
traffic, drainage and other forms of disturbance.
The following sections present the results of the environmental planning reviews of the project site and a
description of the impacts and proposed minimization and mitigation measures.
BACKGROUND
The site was evaluated in February and March, 1999, and to identify the presence of wetland and stream
areas that would require permitting if they are impacted by development. The delineation was verified by
Steve Chapin of the U. S. Army Corps of Engineers in April, 1999.
Wetlands and Surface Waters
The site is primarily within the drainage area of Goose Creek in the Yadkin Basin (Water Classification - C).
A small portion of the site is within a drainage area of Crooked Creek. The majority of the site is moderately
sloping former agricultural land and timbered woodland which has succeeded to woodland in various stages
of secondary and mature woodland succession. Goose Creek is habitat for the federally listed endangered
species. The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded
portion of the stream or in runs along steep banks with moderate current. Primary habitat are waters less
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 2, February 6, 2000
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. The
floodplain exhibited characteristics of areas that would briefly flood, however, drain to be non-wetland. The
wetlands on this site will be found to have very high function and value in regard to water storage, bank
stabilization, wildlife, and aquatic life resources utilizing Guidance for Rating the Values of Wetlands in
North Carolina - Fourth Version.
e et ti
The forested headwater wetland areas are dominated by Facultative, Facultative Wet species. Trees include
red maple, green ash, and sweetgum. Understory and herbaceous strata includes silky dogwood, spicebush,
smilax, microstegium, sedges, soft rush, and others. Obligate herbaceous and scrub/shrub vegetation become
dominant in areas subject to constant saturation or flooding.
ih
Wetlands areas occur in Cid (CmB), Chewacla (ChA), Secrest (ScA) soils on this site. Secrest, Cid, and
Chewacla soils may have hydric inclusions according to the Soil Conservation Service, Technical
Guide-Section II-A-2, June 1991.
Hydmlau
Wetlands associated with the tributaries are the result surface runoff, springs, and high seasonal water table.
The clayey subsoils contribute to the development of perched wetlands. Many of the streams on the site
(perennial and intermittent) were confirmed as having important aquatic value by the USACE.
Characteristics include persistent pools, riffle and pool complexes, fish in the lower portions, 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.
SUMMARY OF TURISDJCTIONAL WATER OF THE / S
Surface Waters Goose Creek
(± 3,300 If)
Streams with important aquatic function
(± 13,100 If)
Streams with unimportant aquatic function
(±2,5001f)
Ponds
Wetlands PFO 1 A
Approximate Total - Waters of the U.S.
+1.25 acres
±1.80 acres
±0.25 acres
+0.45 acres
±3.00 acres
+6.75 acres
Current land use in the vicinity are large single family subdivisions and large commercial projects. Other
commercial areas are expected to be built in the vicinity as the area develops in conjunction with new roads.
There are approximately 2 acres of jurisdictional surface waters and wetlands on the project site.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 3, February 6, 2000
Approximately 95% of the jurisdictional streams will not be impacted by the proposed development.
Impacts to important streams are the minimized to necessary stream crossings. All fill material will be
unpolluted and appropriate measures to control sedimentation and erosion will be employed. Wetlands
which will not be disturbed will be protected during construction from damage due to construction traffic,
drainage and other forms of disturbance. Large linear sections of stream will be preserved and remain
undisturbed. Unavoidable impacts to streams to make road crossings will be mitigated at a minimum 1:1
ratio utilizing the North Carolina Wetland Restoration Program, as required. Riparian stream buffers have
been provided to the extent feasible, as depicted on the plans. Clearing for sewerline construction will be
minimized to the extent feasible. Stormwater Management Plan will also be implemented for portions of the
project that consist of Commercial, Office, Corporate, and Business land uses. Stormwater management
facilities will include stormwater ponds.
PROPOSED IMPACTS - NWP #26
Surface Waters Goose Creek +0.00 acres
(± 3,300 If)
Streams with important aquatic function ±0.04 acres
w/NWP#26 (±280 If)
Streams with unimportant aquatic function ±0.05 acres
w/NWP426 (± 4501f)
Wetlands +0.93 acres
Total NWP#26 +1.02 acres
PROPOSED IMPACTS - NWP #14
Streams with unimportant aquatic function ±0.01 acres
w/NWP# 14 (± 160 It)
PROPOSED IMPACTS (Temporary) - NWP #12
Surface Waters Streams with unimportant aquatic function ±0.05 acres
w/NWP#12 (± 3601f)
Wetlands +0.13 acres
Total NWP#12 ±0.18 acres
PROPOSED IMPACTS (Temporary) - NWP #33
Surface Waters Streams with unimportant aquatic function ±0.01 acres
w/NWP#33 (± 60 It)
NWP #33 locations will be utilized for sewerline crossings when removed. Restoration will be conducted per
NWP #12 requirements
Summary of Stream Impacts
Streams with important aquatic function that support
aquatic life such as fish, crayfish, and/or bullfrog tadpoles
mitigation is proposed for NWP #26 Impacts = + 280 If by piping and culverting
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 4, February 6, 2000
The project has been designed to avoid and minimize impacts to Waters of the United States to the extent
practicable Approximately 95% of the important jurisdictional streams on this site have been avoided
WETLANDS PERMITTING AND MITIGATION
Preliminary planning for the overall project involved site analysis and consideration of environmental,
economic and regulatory issues. Topography, natural features and systems, circulation, site organization,
open space, development requirements, and environmental issues were considerations in designing the
overall plan.
avowance. minimization, ana mingation
Best Management Practices will also be employed to minimize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project,
f) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery.
h) 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.
i) 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.
mitigation plan is proposed for a "no net loss" of wetland and stream habitat, value, and function to
tent feasible on this site. Unavoidable impacts to wetlands and streams by Pradinp are nronmei
d Mitigation - Wetland impacts are an accumulation of very small impacts over the project area.
along streams to the extent feasible will be provided as mitigation for wetland impacts.
The remaining streams on the project site appear to be in excellent to good condition and will be protected
by buffers. To meet restoration mitigation requirements for stream impacts by grading, the developer
is proposing to contribute $35,000 to the North Carolina Wetland Restoration Program (280 If X
$1251 If) to mitigate for stream impacts.
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 5, February 6, 2000
STORMWATER MANAGEMENT PLAN
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements. Stormwater management becomes necessary when increasing the
impervious area within an existing natural area. The planners will utilize information and guidelines provided
by the North Carolina Department of Environment and Natural Resources Water Quality Section in
developing this stormwater wetland.
A wet detention basins shall be the primary treatment system for stormwater runoff from paved surfaces and
landscaping on commercial, office, business, and institutional parcels. The wet detention basins will be
designed to attenuate the first inch of rainfall over a 24 hour period from approximately 60 acre of urbanized
land within the ponds drainage area. Water will be released over a 2 to 5 day period. Discharge velocity of
will be less than five cfs from the end of the dissipation device. A littoral zone/forebay will be incorporated
into the design of the ponds to encourage additional nutrient removal. The planners will utilize information
and guidelines provided by the North Carolina Department of Environment, Health, and Natural Resources
in developing the design of wet detention basins using the Table 1.1 in the Stormwater Best Management
Practices, NCDF.NR. November 1995.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings.
Portions of the site are currently in old field succession and secondary succession. The site has been
surveyed by a biological consultant Dr. Tim Matthews and/or John T Soule of HARP Their survey
indicates that Schweinitz's sunflower i not present in the pr!Qject 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 are 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.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
AQUATIC HABITAT
The aquatic systems in the project area consist of wetlands and intermittent tributaries in the Catawba
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
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 6, February 6, 2000
quality downstream and protect the areas to be preserved. Short term construction impacts, primarily
stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid recovery. Best Management Practices will include utilizing siltation trapping ponds and other
erosion control structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface waters.
Also, as required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live"
or fresh concrete from coming into contact with waters until the concrete has hardened. Aquatic resources
are expected to be enhanced through the development of the large stormwater detention ponds and littoral
zones.
CULTURAL RESOURCES
No standing structures were found. 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 Mstoric Register within the study
area.
NATIONWIDE PERMIT #12 - Sanitary Sever Line
Avoidance
The sewerline avoids impacts to streams and wetlands to the extent feasible. All crossings are as close to 90
degrees to the stream as possible. Wetland crossings are at the narrowest reasonable point.
Minimization
This project will be designed and constructed to conform to the Corps of Engineers Nationwide Permit 12
and Regional Conditions (June 19, 1997) or Regional Permit 049 (Utility Line Backfill and Bedding) and the
North Carolina Division of Water Quality, General Certification for projects eligible for the Corps of
Engineers Nationwide Permit 12 or Regional Permit 198100049.
Required Restoration Plan
As required by Nationwide Permit 12, the topsoil shall be saved through the disturbed area and the top 6"
to 12" of the trench will be backfilled with this topsoil to encourage rapid re-establishment of previous
vegetation conditions. Excess material must be removed to upland areas immediately upon completion of
construction. The contours throughout the area of disturbance will also be restored immediately upon the
completion of construction. An annual species suitable for wet locations will be planted within jurisdictional
wetlands for soil and erosion control. Perennials such as fescue will not be specified. The remaining
Nationwide Permit 12 and 401 Water Quality Certification conditions which includes the following will be
incorporated into the plans and specifications of the project.
Grassing Specification
Disturbed wetland areas shall be stabilized with annual small grains that will initially stabilize the soils and
then allow the natural vegetation to become re-established. For stabilization, outside the optimum planting
windows, using a mixture of species on either side of the window may increase chances of a good stand.
Germination will be most difficult in the December - February period. For wetland stabilization during this
period, it will be necessary to be sure that wetlands are well mulched. Annual lespedeza could be added to
any planting mixtures during this period because it will germinate during the first warm days of spring.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 7, February 0, 2000
Seeding Mixture
Dates Tvpes Rak
April 15 - Sept. 1 Temporary Crop
Jap. Millet or Sorghum 401bs /acre
Aug. 25 - Oct. 31 Wheat 501bs /acre
Kobe lespedeza 15 lb/acre
Nov. 1 - April 15 Wheat or Winter Rye 40 lbs /acre
Kobe lespedeza 15 lb/acre
Nurse Plants
Between May 1, and August 15, add 10 lbs/acre German millet or 15 lb/acre Sudangrass. Prior to May 1 or
August 15, add 40 lb/acre rye (grain).
Other native grasses or annuals suited to wet condition may be selected with approval No fescue or other
turf grasses shall be used in wetland areas.
Excerpts from NCDWQ Conditions of Certification (Applicable to this project) and USA CE Regional
Conditions to Nationwide Permit 12
NCDWQ Conditions of Certification
1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General Certification and the
conditions of Nationwide Permit 12 or Regional Permit 198100049. Any condition in this certification which
is not met requires notification to and concurrence from DWQ;
2. The edge of the construction corridor is installed parallel to and closer than 10 feet (3 meters) to a
stream or if the utility line crosses a stream channel at less than 75 degrees or more than 105 degrees of the
stream bank;
3. Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000
USGS topographic map as permanent or intermittent shall be installed with no-seam piping. If no-seam
piping is not able to be installed, written concurrence from NCDWQ is required.
4. Construction corridors parallel to streams shall be placed at the furthest distance from the stream to
the maximum extent possible;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of
the state until the concrete has hardened;
6. Placement of rip rap is restricted to stream bottoms and banks directly impacted by the placement
of the utility line. Rip-rap may only be used below the normal high water level. The stream berm must
be restored to the original contours after construction;
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 8, February 6, 2000
7. That appropriate sedimentation and erosion control practices which equal or exceed those outlined
in the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina
Surface Mining Manual" are utilized to prevent exceedances of the appropriate turbidity water quality
standards (50 NTUs in streams and rivers not designated as trout waters by NCDWQ; and all lakes and
reservoirs; and 10 NTUs in trout waters);
8. All sedimentation and erosion control measures placed in wetlands shall be removed and the
natural grade restored after the Division of Land resources has released the project;
9. Annual species suitable for wet locations shall be planted within jurisdictional wetlands for soil and
erosion control. Perennials such as fescue are prohibited;
10. No fertilizer shall be applied within 10 feet of streams;
11. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet
in width in wetlands and must be minimized to the maximum extent practicable.
12. Permanent, maintained access corridors shall be restricted to the minimum width practicable and
shall not exceed 10 feet in width except at manhole locations. A 10 feet by 10 feet perpendicular vehicle
turnaround must be spaced at least 500 feet apart.
13. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet up the gradient until the utility exits the wetland for buried utility lines.
Anti-seep collars may be constructed with Class B concrete, compacted clay, PVC pipe, or metal collars.
Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and
less than 150 feet (45.7 meters) long do not require anti-seep collars.
The compacted clay shall have a specific discharge of 1 X 10 -5 cm/sec or less. A section and plan view
diagram is attached for the anti-seep collars. The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded
course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular
course aggregate 5.5
C) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 21fto 4"
e) Minimum strength - 28 psi 2,500
14. This general certification does not authorize any permanent changes in preconstruction elevation
contours in waters or wetlands. The permitee will have a specific plan for restoring wetland contours. Any
excess material will be removed to a high ground disposal areas;
15. If an environmental document is required, this certification is not valid until a FONSI or ROD is
issued by the State Clearinghouse;
16. N/A
17. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will not be
required for this Certification if written concurrence is not needed.
18. Written concurrence is rcggired if the maintenancip corridor is grea?pr than 1Q apt wide,
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 9, February 6, 2000
19. This certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or local approval.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties. The
Director of the NCDWQ may require submission of a formal' application for Individual Certification for any
project in this category of activity, if it is determined that the project is likely to have a significant adverse
effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters
are precluded. Public hearings may be held for specific applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the NCDWQ.
Additional USACE Regional Conditions to Nationwide Permit 12 (Applicable to this project)
Temporary placement of excavated or fill material in waters and wetlands will be for the absolute
minimum period of time necessary to accomplish the work.
Each individual crossing will be stabilized immediately with native vegetation. Stabilizing
with non-native grasses (i.e., fescue, etc.) is prohibited
Anti-seep collars must be installed at no greater than 150-foot intervals on all sewer and
drain lines placed in wetlands, and all utility lines must be installed to prevent drainage of wetlands
(i.e., no French drain" construction, etc.)
The total width of the access corridor excavation and temporary fill area (including
mechanized land clearing) is restricted to no more than 40 feet and must be minimized to the extent
practicable.
By complying with the Nationwide Permit 12 and 401 Certification conditions it is expected that this project
will not cause significant impacts to streams and wetlands.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved wetlands and streams will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. As required, development of these areas will be deed restricted
in accordance with restrictive covenants, or similar mechanisms which will be developed for approval by the
USACE and/or NCDWQ.
CONCLUSION
The project will provide important economic benefits to the region. Based on the value of the jurisdictional
waters and wetlands on this site, the developer through sensitive and creative planning has chosen to balance
the site's economic viability with its environmental value and permitability. The goal of the Site Plan and
Mitigation Plan is to help balance the environmental consequences of this development by avoiding and
minimizing degradation of waters of the U. S. on and downstream of the project and through enhancement of
remaining streams. The undisturbed riparian areas will be preserved by the applicant or by a group
designated by the owner for this purpose.
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 10, February 6, 2000
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
S' cerely,
eonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
cc: Mr. Mark Tyson
CRISMARK Properties, LLC
P.O. Box 748
Monroe, NC 28110-0748

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TEMPORARY STREAM CROSSING
3' TO 5' DIA, RIP-RAP
1.0' THICK PLACED OVER
COMPACTED EARTH BACKFILL
FROM TOP BANK OUT 20' ON
BOTH SIDES OF CROSSING
2' MIN, COVER OVER PIPES
8' TO 12' DIA, RIP-RAP
EXISTING UNDISTURBED STREAM BED
TYPE 'A' 3- 18' CMP OR 2- 30' CMP
TYPE 'B' 2- 18' CMP
TYPE 'C' 1- 18' CMP
SEE CLEARING & GRUBBING PLAN FOR
TYPE OF USE AT EACH CROSSING,
TOP BANK OF STREAM
J C7
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20' m
VARIES 20'
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10' 90' EDGE OF
ACCESS ROAD
CONSTRUCTION SPECIFICATIONS & SEQUENCE
1 - KEEP CLEARING AND EXCAVATION OF THE STREAM BANKS AND BED AND APPROACH SECTIONS TO A MINIMUM,
2 - KEEP STREAM CROSSINGS AT RIGHT ANGLES TO THE STREAM FLOW AND LIMIT WIDTH ?F CROSSING TO 20'
3 - ALIGN ROAD APPROACHES WITH THE CENTER LINE OF THE CROSSING FOR A MINIMUM DISTANCE ?F 20' AND
RAISE FILL A MINIMUM OF ONE (1) FOOT ABOVE THE ADJOINING APPROACH SECTIONS.
4 - STABILIZE ALL DISTURBED AREAS.
5 - REMOVE TEMPORARY STREAM CROSSING IMEDIATELY UPON INSTALLATION OF PERMANENT STORM DRAINAGE
CULVERTS OR WHEN THEY ARE NO LONGER NEEDED,
6 - POSITION TEMPORARY STREAM CROSSING ON THE UPSTREAM SIDE ?F THE 70' WIDE CLEARING LIMITS IN EACH
CASE TO ALLOW FOR BEGINNING OF CONSTRUCTION OF PERMANENT IMPROVEMENTS AT A LATER DATE.
MAINTENANCE
INSPECT CHANNELS AT REGULAR INTERVALS AS WELL AS AFTER MAJOR RAINS, AND MAKE REPAIRS PROMPTLY, GIVE
SPECIAL ATTENTION TO THE OUTLET AND INLET SECTIONS AND OTHER POINTS WHERE CONCENTRATED FLOW ENTERS
CAREFULLY CHECK STABILITY AT ROAD CROSSINGS AND LOOK FOR INDICATIONS OF PIPE FAILURE„ SCOUR HOLES, OR
BANK FAILURES, MAKE REPAIRS IMMEDIATELY, MAINTAIN ALL VEGETAION ADJACENT TO THE CHANNEL IN A HEALTHY,
VIGOROUS CONDITION TO PROTECT THE AREA FROM EROSION AND SCOUR DURING OUT-OF-BANK FLOW,
HABITAT
ASSESSMENT AND
RESTORATION
PROGRAM llvc.----?-- -
JAMES F. MATTHEWS, Ph.D.
T. LAWRENCE MELLICHAMP, Ph.D.
P.O. Box 655
Newell, NC 28126
[phone]
[phone]
fax: [phone]
Biological Survey
Tyson Property - Union County
Property Bounded by Stevens Mill, Idlewild and Mill Grove Church Rds.
The site was surveyed on May 24-25, 1999. It consists of 471 acres, most of which are
wooded. Using aerial photographs from January 28, 1993, cleared areas were identified
and surveyed for the protected plant species requiring open, disturbed habitats. This was
particularly important because of the known population of the Federally endangered
Schweinitz's sunflower (Helianthus schweinitzii) located less than one mile from the
project site. Also, an aquatic survey was conducted with particular attention given to
Goose Creek and the tributaries flowing into the creek from the property. Goose Creek is
known to be the habitat for the Federally endangered freshwater mussel, the Carolina
Heelsplitter (Lasmigona decorata) and the NC Special Concern fish, the Carolina Darter
(Etheostoma collis). During the present survey Goose Creek was not sampled, although
observations were made on types of mussel shells found. The fish community was
sampled in the tributaries. The January 1999 NC Natural Heritage Program List of
Species of Concern for Union County provided the checklist for the field survey
(attached).
Vegetation
All open areas, margins of open areas, margins of paved roads and a considerable number
of off-road vehicles (ORV) roads were surveyed. In addition, using the aerial
photograph, the apparently least disturbed hardwood forest was surveyed for type of
community and quality. The soils for the acreage are a mixture of Badin, Cid,
Georgeville, Goldston, Tatum and Zion. The small parcel southwest of Mill Grove
Church Rd. is Goldston (GsC), Zion (ZnB) and Cid (CmB). The uplands for the majority
of the site are Badin (BaB) and Tatum (TaB and TbB2). Along some of the draws and
ravines is found Secrest (ScA) a poorly drained soil. These soils, excepting Zion, are
formed from weathering of the Carolina Slates, and there are examples of exposed slate
in eroded areas and streambeds on the site. The soils vary from well drained, on the tops
of ridges, to poorly drained at the bases of the slopes.
The least disturbed vegetation is found on the tops of the ridges. Most of the areas along
the main roads have been used in the past in an agricultural context, and there is evidence
of timbering throughout the site, with patches of dense Shortleaf pine and planted
Habitat Analysis, Endangered Plant Studies, Restoration of Habitats, Wetland Mitigation, Monitoring
Loblolly pine stands. The primary, undisturbed plant community is the Dry Oak-
Hickory Forest occurring on the Badin (BaB) and Tatum (TbB2) soils. This forest is
dominated by White oak (Quercus alba) 21 "dbh, Scarlet oak (Q. coccinea) 14"dbh,
Southern red oak (Q. falcata) 10"dbh, Black jack oak (Q. marilandica) 8"dbh, Mockemut
hickory (Carya tomentosa) 10"dbh, Pignut hickory (C. glabra) 9"dbh with varying
distribution of Shortleaf pine (Pinus echinata) up to 12"dbh. The understory is Red
maple (Acer rubrum) 8"dbh, Post oak (Q. stellata) 6"dbh, Dogwood (Cornus Florida),
Black gum (Nyssa sylvatica), Sourwood (Oxydendrum arboreum), Black cherry (Prunus
serotina) and Red cedar (Juniperus virginiana).
We looked for the nine species of vascular plants listed by the Heritage Program We did
identify two sunflowers, Helianthus microcephalus and H. divaricatus. We also found an
extensive population of Quillwort (Isoetes spp.) in the middle reaches of the primary
tributary to Goose Creek, southeast of Stevens Mill Rd. This has tentatively been
identified as Isoetes melanopoda, but will be sent to an expert for confirmation. We are
familiar with the nearby populations of Helianthus schweinitzii and Porteranthus
stipulatus on Indian Trail-Fairview Rd. and the population of Aster georgianus on
Cunningham Ln. We did not find any of the species listed on Heritage Program printout.
There are no element occurrence records for this exact site in the Heritage Program data
bank.
There are no recommendations regarding plant communities or plant species of concern
for this project.
Aquatics in Goose Creek
As part of the survey, Goose Creek and the tributaries on the property leading to Goose
Creek were surveyed, primarily for the presence of Unionid mussels. The tributaries on
the property were also evaluated for fish species.
The portion of Goose Creek that abuts the property was surveyed to look for the presence
of Unionid mussels, especially the following protected species: the Carolina Heelsplitter
(Lasmigona decorata), the Eastern creekshell (Villosa delumbis), the Carolina creekshell
(Villosa vaughaniana), the rainbow creekshell (Villosa constricts), the Savannah lilliput
(Toxolasma pullus), and the Squawfoot (Strophitus undulatus).
All available habitat was examined for Unionid mussels, including vegetated banks,
riffles, sandy bars, mud banks and backwater areas or eddys. Visual searches in the water
for live mussels as well as searches for shells or valves were conducted. Additionally,
tactile searches along the banks were performed. Along this section of Goose Creek, the
substrate is very rocky with a thin layer of sand/silt on top of sand deposits, cobbles,
boulders and bedrock. The upper portion of Goose Creek, from the western end of the
northern property line towards Stevens Mill Rd. has a thick layer of sediment overlaying
the bottom, however this begins to diminish as the creek flows along the subject property
boundary. Numerous ORV trails cross the creek and several trails actually run
upstream/downstream through the middle of shallow areas of Goose Creek. No Unionid
mussels were located and the only mussel found in Goose Creek was the Asian clam
(Corbicula fluminea), this being very abundant along this reach.
The fish life is abundant along this portion of Goose Creek. Sunfish, minnows and
darters were observed but were not collected for identification. A large snapping turtle
(Chelydra serpentina) was found in a pool, just west of the property.
We did not find any of the species listed on Heritage Program or evidence of these
species in Goose Creek. We are aware of populations of several of the mussel species in
Goose Creek, however these are over five miles away from the subject property. The
Carolina darter does occur nearby, in Crooked Creek, and the possibility exists that they
do occur on Goose Creek. Additionally, as previously stated for the plants, there are no
element occurrence records for this exact site in the Heritage Program data bank.
Aquatics in the Tributaries on the Subject Property
There was no water in the lower reaches of the tributaries until well onto the property,
probably 1000-1500 feet from Goose Creek. From this point, the main tributary has a
small beaver dam with water above, but the stream is relegated to pool areas only. There
were no riffle sections or flowing water. The tributary substrate is very rocky and has
thick leaf packs in the bottom of many of the pools. The tributaries are generally 1-2
meters wide and knee deep or less, however there were several pools that were thigh
deep. Again, there are numerous ORV trails crossing and running parallel to the streams
on the subject property. The tributaries were walked from Goose Creek up into the
headwater areas in search of mussels. No mussels of any kind were located in any of the
tributaries on the subject property.
To assist in characterizing the tributaries, representative pools were sampled to determine
fish community and any other large aquatic organisms. In general, the entire tributary
system has four species of fish located in the mostly stagnant, isolated pools: the Rosy-
side dace (Clinostomus funduloides), the Creek chub (Semotilus atromaculatus), the
Redbreast sunfish (Lepomis auritus) and the Creek chubsucker (Erimyzon oblongus).
These are common fish to the area and are what would be expected in a low productivity,
forested stream as found on the subject property. No darters were observed or collected
in any of the tributaries on the property.
Two salamanders were observed, the Southern two-lined salamander (Eurycea cirrigera)
and the Dwarf waterdog (Necturus punctatus) (four toes on hind feet). An exhaustive
search for the mole salamander (Ambystoma talpoideum) was beyond the scope of work
of this investigation.
Two species of crayfish were also found during the investigation. They were Cambarus
acuminatus and Procambarus acutus. Both species are the common types found in
Union County.
Conclusions
Since no protected plants were detected during the field investigation, there are no
recommendations regarding plant communities or plant species of concern for this
project. Regarding aquatics, if appropriate buffers are maintained and storm water and
sediment are controlled before leaving the property, minimal impacts should occur to
Goose Creek and the tributaries on the subject property. Habitat for the Carolina
Heelsplitter is downstream and could be affected if best management practices are not
used during construction of this site. Any road crossings should be constructed so as to
minimize disturbance to the streams and stream banks. If these measures are taken and
followed appropriately, we have no further recommendations regarding the impacts to the
aquatic communities.
es F. Matthews Chris Matthews
,_?
COMKON NAME
STATE FED. STATE GLOBAL
STATUS STATUS RANK RANK
Union
Vertebrate Animals
Ambystoma talpoideum
Etheostoma collis
Invertebrate Animals
Lasmigona decorata
Strophitus undulatus
Toxolasma pullus
Villosa constricta
Villosa delumbis
Villosa vaughaniana
Vascular Plants
Aster georgianus
Aster laevis var concinnus
Aster mirabilis
Baptisia albescens
Gnaphalium helleri var helleri
Helianthus laevigatus
Helianthus schweinitzii
Lotus helleri
Porteranthus stipulatus
Natural Communities
Basic Oak--Hickory Forest
Dry Oak--Hickory Forest
Xeric Hardpan Forest
Union*
Vascular Plants
Coelorachis cylindrica
Isoetes virginica
Union**
Invertebrate Animals
Dactylocythere peedeensis
Mole Salamander
Carolina Darter
Carolina Heelsplitter
Squawfoot
Savannah Lilliput
Notched Rainbow
Eastern Creekshell
Carolina Creekshell
Georgia Aster
Narrow-leaved Aster
Piedmont Aster
Thin-pod White Wild Indigo
Heller's Rabbit Tobacco
Smooth Sunflower
Schweinitz's Sunflower
Carolina Birdfoot-trefoil
Indian Physic
Carolina Jointgrass
Virginia Quillwort
Pee Dee Crayfish Ostracod
SC - S2 G5
SC - S3 G3
E LE S1 G1
T - S2S3 G5
T FSC S1 G3
SR - S2S3 G3G4
SR - S3? G4
SC FSC S1 G2
C/PE FSC S2 G2G3
C - S2 G5T4
C - S2 G2G3
SR - S2 G4
SR - S2? G4G5T3?
SR - S2 G4
E LE S2 G2
C FSC S3 G3
SR - S2 G5
- - S3 G4
- - S4 G5
- - S3 G3G4
C - SH G4G5
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SR FSC S2? G?
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6.74
LEONARD HINDNE R; PWS _
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
May 17, 1999
Mr. Mark Tyson
Tyson Group
P.O. Box 748
2258 W. Roosevelt Blvd
Monroe, NC 2811-0748
Re: Wetland/Stream Delineation Report - ±471 Acre Site, Indian Trail Union
coulity
Dear Mark;
I visited the proposed project site in February and March, 1999 to conduct a wetland and
stream delineation as requested. An area is determined to be a wetland when it exhibits
Hydric Soil, Hydrophytic Vegetation, and Wetland Hydrology characteristics. These
characteristics are required to be in accordance with the definitions in the U.S. Army
Corps Wetland Delineation Manual, 1987. Areas which exhibit these three characteristics
are identified as a wetland and permits may be required for development activities within
these areas. Surface waters such as perennial and intermittent creeks, and certain ponds
are also subject to Section 404 of the Clean Water Act.
The site is primarily within the drainage area of Goose Creek in the Yadkin Basin (Water
Classification - C). A small portion of the site is within a drainage area of Crooked
Creek. The majority of the site is moderately sloping former agricultural land and
timbered woodland which has succeeded to woodland in various stages of secondary and
mature woodland succession. Goose Creek is habitat for the federally listed endangered
species. The Carolina heelsplitter is a freshwater mussel which prefers shaded areas
either in a ponded portion of the stream or in runs along steep banks with moderate
current. Primary habitat are 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. The floodplain exhibited characteristics of areas that would
briefly flood, however, drain to be non-wetland. The wetlands on this site will be found
to have very high function and value in regard to water storage, bank stabilization,
wildlife, and aquatic life resources utilizing Guidance for Rating the Values of Wetlands
in North Carolina - Fourth Version.
Mr. Mark Tyson, Page 2
May 17, 1999
Wetlands and Surface Waters
The forested headwater wetland areas are dominated by Facultative, Facultative Wet
species. Trees include red maple, green ash, and sweetgum Understory and herbaceous
strata includes silky dogwood, spicebush, smilax, microstegium, sedges, soft rush, and
others. Obligate herbaceous and scrub/shrub vegetation become dominant in areas
subject to constant saturation or flooding.

Wetlands areas occur in Cid (CmB), Chewacla (ChA), Secrest (ScA) soils on this site.
Secrest, Cid, and Chewacla soils may have hydric inclusions according to the Soil
Conservation Service, Technical Guide-Section II-A-2, June 1991.
Wetlands associated with the tributaries are the result surface runoff, springs, and high
seasonal water table. The clayey subsoils contribute to the development of perched
wetlands. Many of the streams on the site (perennial and. intermittent) were confirmed as
having important aquatic value by the USACE. Characteristics include persistent pools,
riffle and pool complexes, fish in the lower portions, amphibians and
macro-invertebrates; evidence of wildlife utilizing the stream; and rocky, gravelly, and
sandy channel substrate. Portions of the intermittent streams were be determined to be
unimportant.
Wetland uuvev_
The delineation should now be surveyed to verify the extents, however, there may be
modifications (usually minor, if any) based on a USACE verification. These areas are
approximately indicated on the attached map, however this map should not be used as an
accurate representation of wetland and stream extents. A survey would determine the
actual extents more accurately and clarify the regulatory issues and potential mitigation
conditions, if necessary. The attached map is for i ustr tiv purnoses only, The flags
used to define the wetlands are yellow and blue tied together numbered sequentially as
roughly depicted on the attached map. A slash (/) next to the number indicates a
connection. Once the preliminary survey is conducted it will need to be reviewed by me
to make sure that the connections are as intended. The flag numbers must be on the
an
le ible. The map will need to be produced based on the following requirements.
Mr. Mark Tyson, Page 3
May 17, 1999
1. Metes and bounds tied to a property corner or other known point or listing of the
northings and eastings (NC Coordinate Grid).
2. Location of each point identified to be included on the map.
3. Property lines of the entire property or parcel. Floodplains limits and contours
should be included on the map, if possible.
4. Wetland boundaries should be closed into distinct polygons. Acreage should be
indicated for each polygon. It is helpful to have the polygons identified (i.e. Area "A",
etc.). Surface waters such as perennial and intermittent channels should also bgaidentified
calculated in acreage and linear feet. The areas should then be listed in astable and
totaled. The map should have a vicinity map, north arrow, scale, project name and
developer.
5. Property Owner - name, address, telephone number; size of tract.
6. The survey must be sealed by the surveyor.
7. The following note needs to be shown on the map for h SACE IQ S_ .inn:
Weiland C a ion
This certifies that this copy of this plat accurately depicts the boundary of jurisdiction o
Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law of our published regulations this determination o
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. This determination was made utilizing the 1987 Corps of Engineers "Wetland
Delineation Manual.
Name:
(signed by U.S. Army Corps of Engineers)
Title:
Date:
I would like to review the plan before it is finalized. Once complete I will need a sealed
mylar and three sealed prints to forward to the USACE with supporting documentation.
Mr. Mark Tyson, Page 4
May 17, 1999
No activity (including those below Nationwide Permit application thresholds)
is authorized under any Nationwide Permit which is likely to jeopardize the
continued existence of a threatened or endangered species or a species proposed for
such designation, as identified under the Federal Endangered Species Act, or which
is likely to destroy or adversely modify the critical habitat of such species. Goose
Creek is monitored by federal, state, environmental organizations, and academia
associated with the University of North Carolina - Charlotte. To avoid the potential
of complicated regulatory issues and to maintain eligibility to utilize the Nationwide
Permits coordination with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife
Service, and North Carolina Wildlife Resource Commission is highly recommended.
Federally listed plant and animal species with endangered or threatened status are
protected under the Endangered Species Act of 1973. The US Fish and Wildlife Service
has identified two endangered species - Schweinitz's sunflower (Helianthus schweinitzii),
and the Carolina heelsplitter (Lasmigona decorata). SchweinitZs sunflower thrives in full
sun characteristic of succession fields, margins, and forested openings. Portions of the
site are currently in old field succession and secondary succession. An evaluation of the
site indicated hat hwei i z's sunflower i no =sg in t-bQ 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 are 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.
It should be expected that several federal and state agencies will likely comment
on this project. Conditions such as buffers along Goose Creek and its tributaries, filtering
of surface runoff from discharges of surface runoff, and enhanced best management
practices are likely to be discussed as part of negotiations.
Current regulations prevent the loss of more than 500 if or more than 3 acres of
wetlands by Nationwide Permit #26. Impacts over these thresholds would likely require a
more complex Individual Permit Review. Nationwide Permits are also available for road
crossings and other activities. Prior notification to the USACE and the NCDWQ is not
required if impacts are less than 1/3 acre of wetlands and less than 150 linear feet of
stream beds and are above headwaters, and if no other Nationwide Permits are required.
If an application is required to the NCDWQ and the land use is commercial, business,
Mr. Mark Tyson, Page 5
May 17, 1999
office, industrial, or similar, than a stormwater treatment facilities will be required
Impacts greater than the minimum thresholds will require mitigation for wetland and
stream impacts and additional minimization conditions.
In some cases the USACE has determined that impacts on parcels subdivided
from larger tracts are to be considered cumulatively. Impacts made in a first phase may
impact permitting on future phases if or when the thresholds are exceeded. Therefore, an
overall master plan including an evaluation of potential future permitting requirements
should be conducted.
Permits must meet standard and general conditions, i.e. endangered species,
historic properties, and other particular conditions. Comments are possible with an
application from USFWS, SHPO (State Historic Preservation Office), and other agencies.
There is the potential that an archaeological survey may be required.
Individual Permits are required for all activities in Waters of the U. S. that do not qualify
for a NWP and are reviewed on a case by case basis by the USACE and other agencies,
including NCDWQ, US Fish and Wildlife Service, North Carolina Wildlife Resource
Commission, and the State Historic Preservation Office. As with NWP's a 401 Water
Quality Certification from NCDWQ is a requirement. There is also a Public Notice. All
adjacent riparian property owners will be notified. Interested parties and agencies will
receive the Public Notice through. the mail. By a Memorandum of Agreement, the EPA
and the USACE requires a strict mitigation sequence (no practicable alternative
[avoidance], minimization, and compensatory mitigation, be followed for all Individual
Permits. It should be expected that mitigation for impacts to significant wetlands and
streams will be extensive. It is generally understood that obtaining an Individual Permit
may be difficult. Establishing that there are no practicable alternatives is the most
important part and most difficult in the evaluation process. The USACE may ask for
additional information regarding comments from agencies and citizens. Once the
application, plans, and documentation are prepared and submitted, the Public Notice and
review may be 90 to 120 days, however it is generally understood that Individual Permits
have no processing periods. Individual Permit applications that are not withdrawn are
eventually approved, however over 90% of the applications are modified in the process
or include additional avoidance, minimization, and mitigation conditions.
Suggestions
Incorporating the wetlands and stream areas into lots is acceptable as long as
there is adequate space to construct the proposed use. Wetlands and streams in lots will
be subject to deed restrictions, conservation easements, or similar mechanisms.
Mr. Mark Tyson, Page 6
May 17, 1999
Road crossings should be as minimal as possible. Impacts to most streams in
excess of 150 If will require mitigation. The USACE may however request additional
analysis to minimize stream crossing(s) impacts to the extent possible.
Flooding of a headwater stream in place to create a pond will not count as a linear
foot impact based on current policy. The dam will count as a stream impact. If impacts to
streams and wetlands are necessary above the minimum thresholds, I strongly
recommend an evaluation of the impact of the required stormwater treatment conditions
as well as the extant of the mitigation requirements.
Due to the presence of the Carolina heelsplitter habitat (Goose Creek), a
pro-active response to comments and recommendations from the regulatory agencies is
strongly suggested to maintain eligibility for Nationwide Permits. Maintain a consistent
buffer adjacent to the tributaries (intermittent and perennial) of Goose Creek that follows
the actual stream and includes the meanders. A 25' to 50' buffer may be a permit
condition for the smaller streams. I suggest that the buffer adjacent to Goose Creek itself
be as considerable as possible (i.e. 100'). Any construction within these buffers, if any,
should be as minimal as possible and native vegetation should be used to restore the
area. The sedimentation erosion control plan should be very well done and inspected
consistently and regularly. Additional best management practices should be considered as
well as a back-up, since there may be no room for a mistake.
Avoid direct discharges of storm drainage into the streams. To the extent feasible,
storm drainage should be spread or dissipated over the buffer, into basins and ponds,
and/or into the floodplain to help filter sediment and pollutants before they enter Goose
Creek. Meet with the USACE, (prior to the USFWS, if necessary, on site to review the
plans and proposal.
A pro-active proposal in this case would help prevent potential permitting delays,
and reduce the regulatory oversight. Their concerns would be greatly alleviated by land
planning that has considered mitigative measures to avoid and prevent impacts to the
streams that could affect the Carolina heelsplitter.
Please let me know if you have any questions or want to get together to review.
Thanks.
. ?Rindner, P W S
Kaarr L
Environmental Planning Consultant
,
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: _ Cre54"'H4r?c.. ?irgFGG? Date:
Applicant/Owner; 1 r County: M?tI?
Investigator: ?;. State:(.
Do Normal Circumstances exist on the site? (e' No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes ( Transect.ID:
Is the area a potential Problem Area? Yes ?j plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Soecies Stratum Indicator
1.Oldt rw s u he.[ 1 r c T #'?cMt Dominant Plant Soecies Stratum Indicator
s.
2. eC rv r? t r.r _ 10.
0 14VRI-0-

3. e1% a1MtlMU ri

4. _a
f?e?r _ - _
11. r d T f?''
e
12. ?
?? ? S
5. 11_ L74&dTJ0
C.. """'!f
6. 14.
7./.?JyL_
16.
Percent of Dominant Species that are Oi3L, FACW or FAC •
CbO?
(excluding FAC-).
jr
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks): Watland Hydrology Indicators:
-Stream, Lake, or Tide Gauge Primary Indicators:
- Aerial Photographs Inundated
_ Other
No Recorded Data Available PlAturated in Upper 12 Inches
_ ater Marks
Drift lines

Field Cbservations:
_
lment Deposits

1 rainage Pattams in Wetlands
Secondary JPrdicators (2 or more required):
Depth of Surface Water: ....r fin.) _ Oxidized Root Channels in Upper 12 Inches
14
1#
Depth to Free Water in Pit: ± (0- V fin.) Water-Stained Leaves
ArLocal Soil Survey Data
/?+?> ? ?5
Depth to Saturated Soil: i FAC-Neutral
Test
O
ther (Explain
Other in Remarks)
Remarks:

WTI, 1995 - 196 -
, * ,
SOILS
Profile Descriotion-
Depth Matrix Color
Morrie Colors Mottle
inches) Horizon IMunsell Moist) (Munsell Moist) Abundance/Contrest Texture, Concretions,
Structure, etc.
ry aa4
0 R - Q `fI op -id*C4-y-L-

Map Unit Name
(Series and Phase): (l.. \J
Drainage Class: P
Taxonomy (Subgroup): dh ?w 1b. Feld Observations
Confirm Mapped Type? Yes

Hydric Soil Indicators:
_ Histosol
_ Histic Epipedon
_ Sulfidic Odor
_ Aquic Moisture Regime
Reducing Conditions
._4PKyad or Low-Chroma Colors
Remarks:
WETLAND DETERMINATION
?cretions
_ High Organic Content in Surface Layer in Sandy Soils
_ Or nic Streaking in Sandy Soils
sted on Local Hydric Soils List
_ Listed on National Hydric Soils List
Other (Explain in Remarks)
Hydrophytic Vegetation Present? No (Circle)
Wetland Hydrology Present? No (Circle)
Hydric Soils Present? a No is this Sampling Point Within a Wedand? Yes No
---------------
Ramarka:
sp o'rv , etc c,?tp?.??.c r r•-?x.! I o ?r-t ?? G( s??yJJ 1 S
. X0`1
p
-197-
W71, 1995
,a , .
SOILS
Map Unit Name
(Series and Phase): ' Drainage Class: f'I 0?^
bM
Taxonomy (Subgroup): Feld Observations
Confirm Mapped Type? es No
Profile Descriotion: `-
Depth Matrix Color Mottle Colors Mottle
inches? Horizon Textur6, Concretions,
? (Munsell Moist? (Munsell Moist) Abundance/Conrrzst Structure, etc.
/
Hydric Soil Indicators:
_ Histosol
_ Histic Epipedon
Sulfidic Odor
_ Aquie Moisture Regime
_ Reducing Conditions
`Gieyed or Low-Chrams Colors
Remarks:
a -5
_ Concretidns
_ High Organic Content in Surface Layer in Sandy Soils
_ Organic Streaking in Sandy Soils
_ Listed on Local Hydric Soils List
-,- Listed on National Hydric Soils List
_ Other (Explain in Remarks)
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks:
t? No (Circle)
Yes
Yes
(Circle)
Is this Sampling Point Within a Wedand7 Yes 1421
%age
- 197 - WTI, 1995