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HomeMy WebLinkAbout19931020 Ver 1_COMPLETE FILE_19931207MEMO DATE: TO: SUBJECT: 00 5 W C n? e #Sb From: My STATE u North Carolina Department of Environment, ??s?,+ Health, and Natural Resources gq printed on Recycled Paper MEMO DATE: TO: ??IS 1?3 SUBJECT: , va ? c 4-t' ?V r ) I q-12b V - r Vv -c?S From: l C e- Ql STATr ?T 4 North Carolina Department of Environment, Y? Health and Natural Resources Printed on Recycled Paper a? auu.+'naT? CRESCENT RESOURCES INC. 400 South Tryon Street Suite 1300 P.O. Box 1003 Charlotte, NC 28201-1003 ARTHUR P. RAYMOND Project Manager Residential Development January 10, 1994 Mr. John Dorney NC Department of Environment, Health, and Natural Resources 512 North Salisbury Street P.O. Box 29535 Raleigh, North Carolina 27626-0535 Subject: 401 Water Quality Certification Ballantyne Residential Golf Community Mecklenburg County, North Carolina DEM Project # 931020 Dear Mr. Dorney: 4 (704) 896-8817 FAX (704) 896-8819 This letter is in reference to your letter of December 22, 1993, concerning the conditions for 401 Water Quality Certification for the U.S. Army Corps of Engineers (USACE) Nationwide Permit No. 26 for the Ballantyne Residential Golf Community located in Mecklenburg County, North Carolina. The property descriptions for the lots adjacent to the 0.30 acre wetland preservation area located at the western edge of the site will not be prepared for approximately four to five years. However, Crescent Resources, Inc. will take measures to insure that the afore mentioned wetland area will not be degraded by unauthorized activities. The example deed restriction language found in your letter of December 22, 1993 or similar language will be incorporated into the deeds of lots in which this jurisdictional wetland occurs. One possible option that should satisfy the conditions of the 401 Water Quality Certification would be to incorporate the 0.30 acre wetland preservation area as well as the remaining jurisdictional waters of the U.S., including wetlands into the designated natural areas which will be maintained in perpetuity. These natural areas will have deed restrictions which will prevent future development. If you have any questions Lannie E. Hopper at (704) y S ' n^p e 1 r P: a and Project M nager APR/li regarding this letter or this project please contact 896-8817. State of North Carolina Department of Environment, Health and Natural Resources ??. Division of Environmental Management -?I James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N A. Preston Howard, Jr., P.E., Director December 22, 1993 Cresent Resources, Inc. Ms. Lannie Hopper 17405 Tetton Road Huntersville, N.C. 28078 Dear Ms. Hopper: Subject: Proposed fill in Wetlands or Waters Ballantyne Community Mecklenburg County DEM Project # 931020 Upon review of your request for 401 Water Quality Certification to place fill material in 3.28 acres of wetlands or waters which are tributary to McAlpine Creek for golf course development and road crossings located at N.C. 521 in Mecklenburg County as described in your submittal dated December 6 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. An additional condition is that deed restrictions shall be placed on all remaining wetlands on the site to restrict future wetland fill. An example of such restriction is attached. If.this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. 1786. If you have any questions, please contact John Dorney at 919-733- Sincerely, eston oward, Jr. P.E. 931020.1tr 1 Attachment cc: Wilmington District-Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DEM Regional Office Mr. John.Dor.ney Central Files Barry Edwards; Law Environmental P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper November 8,1993 COMPLIANCE WITH WETLANDS REGULATIONS In accordance with Title 15 NCAC 2H.0500, the following DEED RESTRICTIONS AND PROTECTIVE COVENANTS shall be recorded in the county County Registry prior to the conveyance of lots. Said Deed Restrictions and Protective Covenants shall apply to name of subdivision, lot numbers in county County, North Carolina as shown on plans titled title of subdivision plan prepared by name of designer dated date: "A portion of this lot has been determined to meet the requirements for designation as a regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the requirements of state wetland rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this deed restriction is to prevent additional wetland fill, so the property owner should not assume that a future application for fill will be approved. The property owner shall report the name of the subdivision, name of subdivision, in any application pertaining to said wetland rules. This covenant is intended to insure continued compliance with wetland rules adopted by the State of North Carolina and therefore benefits may be enforced by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and all persons claiming under them." Owner's name address city, state Phone: (###) phone no. (signature) STATE OF NORTH CAROLINA COUNTY OF COUNTY I, a Notary Public of the State of North Carolina, County of county, hereby certify that owner personally appeared before me this day and executed the above certification. Witness my hand and notarial seal, this . day of 1992. (Notary Public) My commission expires I+I.C. DEi'T. OF A- '31 1 , ?t0VRRONM?F? IT, HEALTH, MEMORANDUM PRINK' NAMES- 93 0 19 Reviewer: AeW_ TO: John Dorney WQ Supv.: Planning Bran6p DATE En Pc. 'L.._ ,i1 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) PERMIT YR: 93 PERMIT NO: 0001020 COUNTY: MECKLENBURG APPLICANT NAME: BALLANTYNE RESIDENTIAL GOLF COMMUNITY PROJECT-TYPE: RESIDENTIAL GOLF COM PERMIT-TYPE: NWP26 COE_#: DOT-#: CDA: RCD FROM APP DATE _FRM_CDA: 12/06/93 _ _ REG_OFFICE: MRO RIVER-AND-SUB-BASIN-#: C11b 03083T STREAM_CLASS: C WL_IMPACT?:0/N WL_REQUESTED : 3,2_0 Rc WL_SCORE (#) : (See ??;,? see HYDRO_CNECT?: &N MITIGATION_TYPE: d/ STR_INDEX_NO: fl-/37- 9 WL_TYPE : (2? veizi )e p,41uyhb;ue_ WL_ACR_EST?:4 'N WATER IMPACTED BY FILL?:O/N MITIGATION?: Y N MITI GATION_SIZE: /J/,c IS WETLAND RATING SHEET ATTACHED? : Y/VT 1 -4s ShPeeF: RECOMMENDATION (Circle One): ISSU ISSUE/COND DENY r COMMENTS: cc: Regional Office Central Files fh • • Hydrologically Isolated e (select one) tl W d t Other ' VTKM -YWGV Nx3Q71awY T e an yp ? Swamp forest ? Shoreline ? Bottomland hardwood forest ? Brackish marsh ? Carolina bay ? Freshwater marsh any 0 ? Pocosin Pine savannah Qj (z, 3e-) ? ? Bog/Fen Ephemeral wetiand ? Wet flat i Special ecological attributes Wildlife habitat x 1.50 = Aquatic life value <<> .............. • 0 0 0 Recreation/Education >> `> X02 5 = Economic value e e • • • • • • • • . • • . • • • ............,...• • • nn•++• • ••] • • • r • • • • • • • • • • • • • • • • le C Project name uk L Nearest road County Wetland areaL_?W_ acres Wetland wi?d?th SfJ feet Name of evaluator Date tku ?? I?y V ?d w ? awamp ioresi Bottomland hardwood forest %" ? ... - Brackish marsh , , ? Carolina bay ? Freshwater marsh • E) Pocosin C) Bo Fen ' C) Pine savannah ? Ephemeral wetland ? Wet flat The rating system cannot be applied to salt marshes. ••••••••••••••.••••••.••.•.••• •••••••.•.•.••••••••?••••sum Water storage ; - Bank/Shoreline stabilization 00 Pollutant removal '° ' Recreation/Education x0.25 t:: • Economic value 49 Project name Nearest road County M W and ar acres Wetland width -7 feet Name of evaluator g?? Date ???? I . • . • Wetland type (select one) Hydrologically Isolated ? Swamp forest U Shoreline ? Bottomland hardwood forest ? Brackish marsh . ? Carolina bay ? Freshwater marsh • ? Bo Fen ' ? Pine savannah ? Ephemeral wetland ? Wet flat ; The rating system cannot be applied to salt marshes. . .........•.••........•.••Sam .....•••........••.••... ..... Water storage _?_<»»<»>< : Bank/Shoreline stabilization - _ <`>< x 4.00 • Pollutant removal . .:::::::.::..::... ... Sensitive watershed _ • x1.5 _ Wetland score . Project name Nearest road County etland area-t- acres Wetland width feet Name of evaluator Date « ?s?S3 ?,Q)W • . . . • . ? Hydrologlcally connected Wetland type (select one) ? Swamp forest u ?norenne - ? Bottomland hardwood forest ? Brackish marsh ? Carolina bay ? Freshwater marsh • ? Bo Fen ' ? Pine savannah ? Ephemeral wetland ? Wet flat ; The rating system cannot be applied to salt marshes. sum Water storage Bank/ stabilization Shoreline - 4.00 • Pollutant removal Wetland score. • • • • • • 0 ..... e Project name Nearest road CountyA etland ar t acres Wetland wid -feet Name of evaluator Date t t Project name Name of evaluator . . . . Hydrologically connected Hydrologically Isolated e (select one) Wetland t Ur Other `t wu ??- ?I"mot= yp ? Swamp forest ? Shoreline • ? Bottomland hardwood forest ? Brackish marsh ? Carolina bay ? Freshwater marsh • ID Pocosin ? Bo Fen ' ? Pine savannah ? Ephemeral wetland ? Wet flat The rating system cannot be applied to salt marshes. •.•..•••••..••••••••t?.•• •sum••••.•• •• .••••••••••.••.•.. ..• Water storage Bank/Shoreline stabilization x 4.00 - Pollutant removal Sensitive watershed Travel corridor » x 1S0 - » #>>`< Special ecological attributes Wildlife habitat x 1.50 = Aquatic life value ........... Recreation/Education ? : ::::: x 0.25 = Economic value . ....... ........ . . . . . . . . . . . . . . . • • . . . . . . . 49 Nearest road res Wetland width J feet Date 11 J_ S? i /Arh? -9 10 - - --- - --- ---- all- Lok-a !A_,.._ C n v i 12AI tho ?/ap ----- - -- 1.31 ?.cs c a?- _ Mf S? x.21 ac..o_s V.,?,?ac-' p(tzo ?- 1 ,.-------- S n" 6, aW M40 -Dki LAW ENVIRONMENTAL, INC. FACSIMILE MEMORANDUM TO: Art Raymond - Crescent Resources / FAX: 704-382-1867 Art Oldham - Oldham Planning & Design Associates / FAX: 704-342-2025 Lannie Hopper - Crescent Resources / FAX: 704-896-8818 Terry Stevens - Greenehome & O'Mara, Inc. / FAX: 919-851-8393 John Dorney - NC Division of Environmental Management / FAX: 919-733-1338 Mike Parker - NC Division of Environmental Management / FAX: 704-663-6040 FROM: Berry Edwards 13?? DATE: November 8, 1993 SUBJECT: Pre-Application Meeting LOCATION: Oldham Planning & Design Associates, Inc. office - (704) 342-1919 November 15, 1993, 10:00 AM 500 East Boulevard. Suite 2 The purpose of this meeting is to introduce the Ballantyne Golf Course Development to the NC Division of Environmental Management (NCDEM) and to resolve several issues regarding storm-water management, water quality, and wetlands mitigation prior to submittal of the Pre- discharge Notification (PDN). Upon completion of the meeting, Mr. Mike Parker and Mr. John Dorney of the NCDEM will be accompanied to the site by myself, Terry and Lannie to look at representative wetland areas to be impacted and to discuss wetlands mitigation requirements. The primary objective of this meeting is to streamline the permitting process by addressing any of Mr. Dorney's concerns prior to submittal of the PDN. The second objective is to ascertain the level of mitigation required to obtain the permit. MEETING AGENDA 1. Overview of the project and planning Art Oldham 2. Preliminary Storm-water Management Plan Terry Stevens 3. Discussion of Proposed Impacts/Pre-discharge Notification Bury Edwards 4. Proposed Construction Schedule Lannie Hopper 5. Site Visit If anyone has any questions prior to the meeting please contact me at (404) 421-3518. I look, forward to seeing you there. 1 TO'd SZBL TZb t7OV ONI `1HIN96JNOaMN3 MU-1 bT:9T E56T/60/TT i i ! . L I i lj , 6b ? ma ov l I I? V ' ? ? I I -- II I I'I IMPORTANT To Date Time WHILE YOU WERE OUT M of ( Phone No) ARE ODE NUMBER EXTENSION Xg-a - 'u - AP Message ?6 c 1 Signed TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources 5Printed on Recycled Paper IMPORTANT Time M ' L of Phone - AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL. WPILE YO P WERE UT s v\j(t-V)"4- i(V f k,%ba^'' N.C. Dept. of Environment, Health, and Natural Resources 0D, Printed on Recycled Paper _ _ - _5 3 Z ?o - -- - - - - ?7/ r -C?es ?smu;rv-? ? a --,1 _ _ _ _- -_ _ Cam(--__ ?_- - - --------- - ----?-!??? ??_?•lr_-__ _ -- cJ?ts/?/ ?c__c.?c??? LaAV 's 0A cn= izeo 0 , -e? alp ?Qcu? i rrrv,0 _.......... ..:_ j �, S - --mCkp. ttN5)A-5-)S - - JC _ ?s? -- -- - --- -- 5 -eS i ---- - -?---- -- -- -9 - - ' r ° `'?-- - - - -------- ------- v BALLANTYNE DEVELOPMENT WETLANDS POLICY CRESCENT RESOURCES, INC. Crescent Resources, Inc. is committed to meet environmental concerns and requirements in the development of its Ballantyne Project. To further our environmental goals, Crescent Resources, Inc. has: 1. Participated in Environmental Inventories for its Ballantyne land holdings; and 2. Begun site planning for residential, golf course, and ancillary development based on environmental inventory findings and current environmental development requirements. This generalized site plan will guide Crescent's development of the property in an environmentally responsible manner and address storm water management, water quality, and wetlands issues. It is Crescent's intention to file for all required development-related permits for its Ballantyne property with appropriate local, State and Federal Agencies as phased development occurs. HBH BALLANTYNE LIMITED PARTNERSHIP WETLANDS - POLICY The Ballantyne Development Corporation, on behalf of the Owners, in a committed effort to meet environmental concerns and requirements has in concert with the U.S. Army Corps of Engineers, the U.S. Fish & Wildlife Service and the N.C. Department of Health, Environment & Natural Resources developed a comprehensive plan for the development of Ballantyne with minimal disruption to the jurisdictional waters of the U.S., including wetlands. In addition, a Comprehensive Storm Water Management Plan has been developed. It is the intent of the Ballantyne Development Corporation, on behalf of the Owners, to develop Ballantyne under available nationwide permits and within the acreage allowed for such permits. In order to facilitate this effort each land purchaser will be provided with appropriate documentation of delineated wetlands, and waters and a copy of the Concept Storm Water Management Plans for Ballantyne. The future owners are to use this information in their planning effort to not infringe upon the environmentally sensitive areas if at all possible. If an impact is necessary in order to meet development objectives the land owner must bring the plan and its impacts to the Ballantyne Development Corporation for review and comments. Petitions for Nationwide, or Individual permit or 401 Water Quality certification may be made by future Owners after the approval of such petition by the Ballantyne Development Corporation, on behalf of the Owners. Nothing of this requirement will be construed to limit unnecessarily the developers use of the property. It is however being required to facilitate the comprehensive development of Ballantyne in an appropriate and environmentally responsible manner. J� h P P� err � - • - �`�a '; COMc� .w Pa W 4 r 2 W ul ,�► o � �pc o y O o[ a w A o- • De emler 8, 1993 A?& LAW D ENGINEERING AND ENVIRONMENTAL SERVICES IUU1 DEC 14 Ii Col. George Cajigal Wilmington District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402-1890 ATTN: CESAW-CO-E Subject: Pre-discharge Notification Update Ballantyne Residential Golf Community Mecklenburg County, North Carolina Law Environmental Project 55-3605 Action ID # 199400768 Dear Col. Cajigal: On behalf of our client, Crescent Resources, Inc., Law Environmental, Inc. is pleased to submit these substitution pages to our Pre-discharge Notification (PDN) for Nationwide Permit No. 26 dated December 3, 1993 In a recent review of our document we noted a typographical error which needs to be corrected. Please substitute pages number 7 and number 15 and discard the originals. Please contact either Mr. Berry W. Edwards or Dr. Sue A. Mccuskey at (404) 421-3400 if you have any questions regarding this PDN. Sincerely, LAW ENVIRONMENTAL, INC. Berry W. ards Project Biologist BWE/SAM:agl Enclosures ?Ll? /X4 Sue A. McCuskey, Ph.D. Principal Environmental Scientist cc: Mr. Steve Lund - USACE, Asheville Field Office Mr. John Dorney - NCDEM (7 copies) Mr. Mike Parker - NCDEM, Moresville Field Office Mr. David Dell - U.S. Fish and Wildlife Service Ms. Janice Nichols - USFWS, Endangered Species Field Office Mrs. Renee Gledhill-Early - State Historic Preservation Office LAW ENVIRONMENTAL, INC. 112 TOWNPARK DRIVE - KENNESAW, GA 30144 (404) 421-3400 - FAX 421-3486 ONE OF THE LAW COMPANIES a EO; F Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 3.0 ASSESSMENT RESULTS The field assessments of Crescent Resources' proposed Ballantyne Residential Golf Community site were conducted during the winter of 1992, and the spring, summer and fall of 1993. Data obtained during in-house research and field investigations are presented in the following sections. 3.1 Assessment of Jurisdictional Waters of the U.S. The field assessment and delineation of the jurisdictional waters of the U.S., including wetlands yielded approximately 3.30 acres of jurisdictional waters of the U.S. and 1.39 acres of jurisdictional wetlands. The jurisdictional areas include riverine and palustrine systems as defined by the USFWS Wetland and Deepwater Habitat Classification System (Cowardin et al., 1979). Note that all of the jurisdictional waters of the U.S., including wetlands within the 717-acre project site are above-the-headwaters systems. The headwaters determination means that these jurisdictional areas have a mean average annual flow rate of less than five cubic-feet-per-second (cfs). 3.1.1 Riverine Wetlands Riverine systems include all wetlands and deepwater habitats contained within a channel (Cowardin et al, 1979). The riverine systems within the project site consist of six unnamed tributaries of McAlpine Creek (Figures 2A, 213). According to the USFWS- Cowardin classification, some of the tributaries are intermittent riverine subsystems because their channels contain flowing water for only part of the year. 7 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 3.0 ASSESSMENT RESULTS The field assessments of Crescent Resources' proposed Ballantyne Residential Golf Community site were conducted during the winter of 1992, and the spring, summer and fall of 1993. Data obtained during in-house research and field investigations are presented in the following sections. 3.1 Assessment of Jurisdictional Waters of the U.S. The field assessment and delineation of the jurisdictional waters of the U.S., including wetlands yielded approximately 3.30 acres of jurisdictional waters of the U.S. and 1.39 acres of jurisdictional wetlands. The jurisdictional areas include riverine and palustrine systems as defined by the USFWS Wetland and Deepwater Habitat Classification System (Cowardin et al., 1979). Note that all of the jurisdictional waters of the U.S., including wetlands within the 717-acre project site are above-the-headwaters systems. The headwaters determination means that these jurisdictional areas have a mean average annual flow rate of less than five cubic-feet-per-second (cfs). 3.1.1 Riverine Wetlands Riverine systems include all wetlands and deepwater habitats contained within a channel (Cowardin et al, 1979). The riverine systems within the project site consist of six unnamed tributaries of McAlpine Creek (Figures 2A, 213). According to the USFWS- Cowardin classification, some of the tributaries are intermittent riverine subsystems because their channels contain flowing water for only part of the year. 7 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 3.0 ASSESSMENT RESULTS The field assessments of Crescent Resources' proposed Ballantyne Residential Golf Community site were conducted during the winter of 1992, and the spring, summer and fall of 1993. Data obtained during in-house research and field investigations are presented in the following sections. 3.1 Assessment of Jurisdictional Waters of the U.S. The field assessment and delineation of the jurisdictional waters of the U.S., including wetlands yielded approximately 3.30 acres of jurisdictional waters of the U.S. and 1.39 acres of jurisdictional wetlands. The jurisdictional areas include riverine and palustrine systems as defined by the USFWS Wetland and Deepwater Habitat Classification System (Cowardin et al., 1979). Note that all of the jurisdictional waters of the U.S., including wetlands within the 717-acre project site are above-the-headwaters systems. The headwaters determination means that these jurisdictional areas have a mean average annual flow rate of less than five cubic-feet-per-second (cfs). 3.1.1 Riverine Wetlands Riverine systems include all wetlands and deepwater habitats contained within a channel (Cowardin et al, 1979). The riverine systems within the project site consist of six unnamed tributaries of McAlpine Creek (Figures 2A, 213). According to the USFWS- Cowardin classification, some of the tributaries are intermittent riverine subsystems because their channels contain flowing water for only part of the year. 7 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 3.0 ASSESSMENT RESULTS The field assessments of Crescent Resources' proposed Ballantyne Residential Golf Community site were conducted during the winter of 1992, and the spring, summer and fall of 1993. Data obtained during in-house research and field investigations are presented in the following sections. 3.1 Assessment of Jurisdictional Waters of the U.S. The field assessment and delineation of the jurisdictional waters of the U.S., including wetlands yielded approximately 3.30 acres of jurisdictional waters of the U.S. and 1.39 acres of jurisdictional wetlands. The jurisdictional areas include riverine and palustrine systems as defined by the USFWS Wetland and Deepwater Habitat Classification System (Cowardin et al., 1979). Note that all of the jurisdictional waters of the U.S., including wetlands within the 717-acre project site are above-the-headwaters systems. The headwaters determination means that these jurisdictional areas have a mean average annual flow rate of less than five cubic-feet-per-second (cfs). 3.1.1 Riverine Wetlands Riverine systems include all wetlands and deepwater habitats contained within a channel (Cowardin et al, 1979). The riverine systems within the project site consist of six unnamed tributaries of McAlpine Creek (Figures 2A, 213). According to the USFWS- Cowardin classification, some of the tributaries are intermittent riverine subsystems because their channels contain flowing water for only part of the year. 7 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 3.0 ASSESSMENT RESULTS The field assessments of Crescent Resources' proposed Ballantyne Residential Golf Community site were conducted during the winter of 1992, and the spring, summer and fall of 1993. Data obtained during in-house research and field investigations are presented in the following sections. 3.1 Assessment of Jurisdictional Waters of the U.S. The field assessment and delineation of the jurisdictional waters of the U.S., including wetlands yielded approximately 3.30 acres of jurisdictional waters of the U.S. and 1.39 acres of jurisdictional wetlands. The jurisdictional areas include riverine and palustrine systems as defined by the USFWS Wetland and Deepwater Habitat Classification System (Cowardin et al., 1979). Note that all of the jurisdictional waters of the U.S., including wetlands within the 717-acre project site are above-the-headwaters systems. The headwaters determination means that these jurisdictional areas have a mean average annual flow rate of less than five cubic-feet-per-second (cfs). 3.1.1 Riverine Wetlands Riverine systems include all wetlands and deepwater habitats contained within a channel (Cowardin et al, 1979). The riverine systems within the project site consist of six unnamed tributaries of McAlpine Creek (Figures 2A, 2B). According to the USFWS- Cowardin classification, some of the tributaries are intermittent riverine subsystems because their channels contain flowing water for only part of the year. 7 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 3.0 ASSESSMENT RESULTS The field assessments of Crescent Resources' proposed Ballantyne Residential Golf Community site were conducted during the winter of 1992, and the spring, summer and fall of 1993. Data obtained during in-house research and field investigations are presented in the following sections. 3.1 Assessment of Jurisdictional Waters of the U.S. The field assessment and delineation of the jurisdictional waters of the U.S., including wetlands yielded approximately 3.30 acres of jurisdictional waters of the U.S. and 1.39 acres of jurisdictional wetlands. The jurisdictional areas include riverine and palustrine systems as defined by the USFWS Wetland and Deepwater Habitat Classification System (Cowardin et al., 1979). Note that all of the jurisdictional waters of the U.S., including wetlands within the 717-acre project site are above-the-headwaters systems. The headwaters determination means that these jurisdictional areas have a mean average annual flow rate of less than five cubic-feet-per-second (cfs). 3.1.1 Riverine Wetlands Riverine systems include all wetlands and deepwater habitats contained within a channel (Cowardin et al, 1979). The riverine systems within the project site consist of six unnamed tributaries of McAlpine Creek (Figures 2A, 213). According to the USFWS- Cowardin classification, some of the tributaries are intermittent riverine subsystems because their channels contain flowing water for only part of the year. 7 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 3.0 ASSESSMENT RESULTS The field assessments of Crescent Resources' proposed Ballantyne Residential Golf Community site were conducted during the winter of 1992, and the spring, summer and fall of 1993. Data obtained during in-house research and field investigations are presented in the following sections. 3.1 Assessment of Jurisdictional Waters of the U.S. The field assessment and delineation of the jurisdictional waters of the U.S., including wetlands yielded approximately 3.30 acres of jurisdictional waters of the U.S. and 1.39 acres of jurisdictional wetlands. The jurisdictional areas include riverine and palustrine systems as defined by the USFWS Wetland and Deepwater Habitat Classification System (Cowardin et al., 1979). Note that all of the jurisdictional waters of the U.S., including wetlands within the 717-acre project site are above-the-headwaters systems. The headwaters determination means that these jurisdictional areas have a mean average annual flow rate of less than five cubic-feet-per-second (cfs). 3.1.1 Riverine Wetlands Riverine systems include all wetlands and deepwater habitats contained within a channel (Cowardin et al, 1979). The riverine systems within the project site consist of six unnamed tributaries of McAlpine Creek (Figures 2A, 213). According to the USFWS- Cowardin classification, some of the tributaries are intermittent riverine subsystems because their channels contain flowing water for only part of the year. 7 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 5.0 SUMMARY AND CONCLUSIONS The proposed Crescent Resources-Ballantyne Residential Golf Community will impact 1.07 acres of wetlands and 2.21 acres of jurisdictional waters of the U.S. within the 717- acre site. Impacts of up to ten acres of above-the-headwaters streams can be permitted under Nationwide Permit No. 26. No impacts to wetlands within the McAlpine Creek floodplain will occur as a result of this project. The proposed development is not expected to impact endangered animal species, endangered plant species, or significant cultural resources. The project will yield approximately 17.9 acres of open water habitat with the construction of the six ponds. Crescent Resources will preserve 0.32 acres of wetlands in response to comments by NCDEM personnel. This development has been planned to avoid and minimize impacts to jurisdictional areas to the extent practicable in accordance with the 404 b(1) guidelines of the Clean Water Act. Further, the proposed losses of jurisdictional waters have been off-set by creation of other open-water habitat. Consequently, Crescent Resources respectfully requests concurrence that the Ballantyne Residential Golf Community has met the conditions of Nationwide Permit No. 26. 15 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 5.0 SUMMARY AND CONCLUSIONS The proposed Crescent Resources-Ballantyne Residential Golf Community will impact 1.07 acres of wetlands and 2.21 acres of jurisdictional waters of the U.S. within the 717- acre site. Impacts of up to ten acres of above-the-headwaters streams can be permitted under Nationwide Permit No. 26. No impacts to wetlands within the McAlpine Creek floodplain will occur as a result of this project. The proposed development is not expected to impact endangered animal species, endangered plant species, or significant cultural resources. The project will yield approximately 17.9 acres of open water habitat with the construction of the six ponds. Crescent Resources will preserve 0.32 acres of wetlands in response to comments by NCDEM personnel. This development has been planned to avoid and minimize impacts to jurisdictional areas to the extent practicable in accordance with the 404 b(1) guidelines of the Clean Water Act. Further, the proposed losses of jurisdictional waters have been off-set by creation of other open-water habitat. Consequently, Crescent Resources respectfully requests concurrence that the Ballantyne Residential Golf Community has met the conditions of Nationwide Permit No. 26. 15 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 5.0 SUMMARY AND CONCLUSIONS The proposed Crescent Resources-Ballantyne Residential Golf Community will impact 1.07 acres of wetlands and 2.21 acres of jurisdictional waters of the U.S. within the 717- acre site. Impacts of up to ten acres of above-the-headwaters streams can be permitted under Nationwide Permit No. 26. No impacts to wetlands within the McAlpine Creek floodplain will occur as a result of this project. The proposed development is not expected to impact endangered animal species, endangered plant species, or significant cultural resources. The project will yield approximately 17.9 acres of open water habitat with the construction of the six ponds. Crescent Resources will preserve 0.32 acres of wetlands in response to comments by NCDEM personnel. This development has been planned to avoid and minimize impacts to jurisdictional areas to the extent practicable in accordance with the 404 b(1) guidelines of the Clean Water Act. Further, the proposed losses of jurisdictional waters have been off-set by creation of other open-water habitat. Consequently, Crescent Resources respectfully requests concurrence that the Ballantyne Residential Golf Community has met the conditions of Nationwide Permit No. 26. 15 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 5.0 SUMMARY AND CONCLUSIONS The proposed Crescent Resources-Ballantyne Residential Golf Community will impact 1.07 acres of wetlands and 2.21 acres of jurisdictional waters of the U.S. within the 717- acre site. Impacts of up to ten acres of above-the-headwaters streams can be permitted under Nationwide Permit No. 26. No impacts to wetlands within the McAlpine Creek floodplain will occur as a result of this project. The proposed development is not expected to impact endangered animal species, endangered plant species, or significant cultural resources. The project will yield approximately 17.9 acres of open water habitat with the construction of the six ponds. Crescent Resources will preserve 0.32 acres of wetlands in response to comments by NCDEM personnel. This development has been planned to avoid and minimize impacts to jurisdictional areas to the extent practicable in accordance with the 404 b(1) guidelines of the Clean Water Act. Further, the proposed losses of jurisdictional waters have been off-set by creation of other open-water habitat. Consequently, Crescent Resources respectfully requests concurrence that the Ballantyne Residential Golf Community has met the conditions of Nationwide Permit No. 26. 15 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 5.0 SUMMARY AND CONCLUSIONS The proposed Crescent Resources-Ballantyne Residential Golf Community will impact 1.07 acres of wetlands and 2.21 acres of jurisdictional waters of the U.S. within the 717- acre site. Impacts of up to ten acres of above-the-headwaters streams can be permitted under Nationwide Permit No. 26. No impacts to wetlands within the McAlpine Creek floodplain will occur as a result of this project. The proposed development is not expected to impact endangered animal species, endangered plant species, or significant cultural resources. The project will yield approximately 17.9 acres of open water habitat with the construction of the six ponds. Crescent Resources will preserve 0.32 acres of wetlands in response to comments by NCDEM personnel. This development has been planned to avoid and minimize impacts to jurisdictional areas to the extent practicable in accordance with the 404 b(1) guidelines of the Clean Water Act. Further, the proposed losses of jurisdictional waters have been off-set by creation of other open-water habitat. Consequently, Crescent Resources respectfully requests concurrence that the Ballantyne Residential Golf Community has met the conditions of Nationwide Permit No. 26. 15 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 5.0 SUMMARY AND CONCLUSIONS The proposed Crescent Resources-Ballantyne Residential Golf Community will impact 1.07 acres of wetlands and 2.21 acres of jurisdictional waters of the U.S. within the 717- acre site. Impacts of up to ten acres of above-the-headwaters streams can be permitted under Nationwide Permit No. 26. No impacts to wetlands within the McAlpine Creek floodplain will occur as a result of this project. The proposed development is not expected to impact endangered animal species, endangered plant species, or significant cultural resources. The project will yield approximately 17.9 acres of open water habitat with the construction of the six ponds. Crescent Resources will preserve 0.32 acres of wetlands in response to comments by NCDEM personnel. This development has been planned to avoid and minimize impacts to jurisdictional areas to the extent practicable in accordance with the 404 b(1) guidelines of the Clean Water Act. Further, the proposed losses of jurisdictional waters have been off-set by creation of other open-water habitat. Consequently, Crescent Resources respectfully requests concurrence that the Ballantyne Residential Golf Community has met the conditions of Nationwide Permit No. 26. 15 Ballantyne - Pre-discharge Notification - Final Report December 3, 1993 5.0 SUMMARY AND CONCLUSIONS The proposed Crescent Resources-Ballantyne Residential Golf Community will impact 1.07 acres of wetlands and 2.21 acres of jurisdictional waters of the U.S. within the 717- acre site. Impacts of up to ten acres of above-the-headwaters streams can be permitted under Nationwide Permit No. 26. No impacts to wetlands within the McAlpine Creek floodplain will occur as a result of this project. The proposed development is not expected to impact endangered animal species, endangered plant species, or significant cultural resources. The project will yield approximately 17.9 acres of open water habitat with the construction of the six ponds. Crescent Resources will preserve 0.32 acres of wetlands in response to comments by NCDEM personnel. This development has been planned to avoid and minimize impacts to jurisdictional areas to the extent practicable in accordance with the 404 b(1) guidelines of the Clean Water Act. Further, the proposed losses of jurisdictional waters have been off-set by creation of other open-water habitat. 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