20060160 Ver 1_COMPLETE FILE_20060131

P, of W A7FR
Mr. Donnie Cann
CCH Residential Developers, Inc.
1671 Upper Armstrong Ford Road
Belmont, NC 28012
Subject: Cramer Woods S/D - Phase III, Gastonia
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
111'?\./?r r
MAR ?,i76
DENR
APPROVAL of 401 Water Quality Certifications with Additional Conditions
Dear Mr. Cann:
Alan W. Klimek, P.E. Director
Division of Water Quality
March 6, 2006
DWQ# 06-0160
Gaston County
You have our approval, in accordance with the attached conditions and those listed below, to
impact 342 linear feet of unnamed tributary to Catawba Creek in order to construct Phase III of the
Cramer Woods Subdivision in Gaston County, as described in your application received by the
Division of Water Quality (DWQ) on January 31, 2006. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Numbers 3374 and
3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. These General
Certifications allow you to use Nationwide Permit Numbers 12 and 39 once they are-issued to you by
the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures.
I?` arolina
tuClro
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Intemet: www.ncwateraua1ity.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50°/6 Recyded110% Post Consumer Paper

N
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
5. The planting of native vegetation and other soft streambank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the stream bed, unless approved by the DWQ.
6. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
7. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401Metlands Unit of the NC Division of Water Quality. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
9. Continuing Compliance. CCH Residential Developers, Inc. shall conduct all activities in a manner
so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and
federal law. If DWQ determines that such standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that state or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to
include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify CCH
Residential Developers, Inc. and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to CCH Residential
Developers, Inc. in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sinceerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian Mc Millan, Wetlands Unit
Central Files
Joey Lawler-. S&ME

1 oc?OF w AT ?qpG
o ?
Mr. Donnie Cann
CCH Residential Developers, Inc.
1671 Upper Armstrong Ford Road
Belmont, NC 28012
Subject: Cramer Woods S/D - Phase III, Gastonia
APPROVAL of 401 Water Quality Certifications with Additional Conditions
Dear Mr. Cann:
Alan W. Klimek, P.E. Director
Division of Water Quality
March 6, 2006
DWQ# 06-0160
Gaston County
You have our approval, in accordance with the attached conditions and those listed below, to
impact 342 linear feet of unnamed tributary to Catawba Creek in order to construct Phase I I I of the
Cramer Woods Subdivision in Gaston County, as described in your application received by the
Division of Water Quality (DWQ) on January 31, 2006. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Numbers 3374 and
3402, which can be viewed on our web site at http://h2o.enr:state.nc.us/ncwetlands. These General
Certifications allow you to use Nationwide Permit Numbers 12 and 39 once they are issued to you by
the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures.
None Caro ma
?turaly
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwater(iuality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
5. The planting of native vegetation and other soft streambank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the stream bed, unless approved by the DWQ.
6. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
7. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
9. Continuing Compliance. CCH Residential Developers, Inc. shall conduct all activities in a manner
so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and
federal law. If DWQ determines that such standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that state or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to
include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify CCH
Residential Developers, Inc. and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to CCH Residential
Developers, Inc. in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
f
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian Mc Millan, Wetlands Unit
Central Files
Joey Lawler - S&ME
Triage Check List
Date: 2/03/06 Project Name: Cramer Woods - Phase III
DWQ#: 06-0160
County: Gaston
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 1/31/06 - 3/31/06
?..,. ?.` P 7: i t
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
*S&ME
0 r
D Q 1 6 0
January 26, 2006
U.S. Anny Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006 p q? _ ,.
Attention: Mr. Steve Chapin, Regulatory Specialist [[(?_j/?
Jaw 3
2n?s
Reference: Nationwide Permits 12 and 39 WEr ° P?? _r5 s ;k ta
Cramer Woods - Phase III
nary
Gastonia, North Carolina
S&ME Project No. 1357-05-493-A
USACE Action ID No. 200532680
Dear Mr. Chapin:
S&ME, Inc. (S&ME) is pleased to submit this application for impacts to jurisdictional wetlands
and waters of the U.S. in accordance with U.S. Army Corps of Engineers (USACE) Nationwide
Permit (NWP) 39. Robinson & Sawyer, Inc. (Robinson & Sawyer) has designed the project on
behalf of our client, CCH Residential Developers, Inc., who will be considered the applicant for
this permit. Please find enclosed the following:
• A completed Pre-Construction Notification (PCN);
• Letter of Authorization to Act as Agent;
• Appropriate Figures: Site Vicinity Map (Figure 1); USGS Topographic Map (Figure 2);
2002 Aerial Photograph (Figure 3); Site Map (Figure 4); Stream Road Crossings (Figures
5-8); and Sewer Crossing Locations (Figure 9);
• Site Photographs;
• Protected Species Report and Copies of Agency Scoping Letters and Responses;
• Acceptance letter from the Ecosystem Enhancement Program (EEP); and
• A check for $475.00 (North Carolina Division of Water Quality [DWQ]).
S&ME, Inc. [phone]
9751 Southern Pine Blvd. [phone] fax
Charlotte, North Carolina 28273-5560 vv w.smeinc.com
M
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
Project Background
The property is an approximately 88-acre tract (Gaston County Parcel Identification Numbers
204403, 188675 and 189211) generally located southeast of the City of Gastonia in Gaston
County, North Carolina. Provided below is a list of pertinent information relating to the site and
the permit applicant:
Applicant:
CCH Residential Developers, Inc.
Mailing Address: 1671 Upper Armstrong Ford Road
Belmont, North Carolina 28012
Attn: Mr. Donnie Cann
Telephone Number: 704.852.9470
Fax Number: 704.829.7913
Address of Project: East of Huffstetler Road and west of Phases I and II of
Cramer Woods, in the Town of Gastonia, Gaston
County, North Carolina.
Closest Waterway:
River Basin:
County:
Coordinate Location of Site:
USGS Quadrangle:
UT of Catawba Creek
Catawba
Gaston
35.2161°N, 81.0934° W
Belmont, NC
The location of the property is depicted by the Site Vicinity Map (Figure 1), the appropriate
portion of the 1997 Belmont, NC USGS Topographic Map (Figure 2) and a 2002 Aerial
Photograph (Figure 3).
S&ME conducted a jurisdictional delineation of the property on July 20 and 21, 2005.
Following completion of the fieldwork, a Jurisdictional Determination request, along with
representative data forms and supporting information, was submitted to your office. You
provided a Notification of Jurisdictional Detennination on September 1, 2005 (Action ID No.
2
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
200532680). The jurisdictional limits were subsequently surveyed and mapped by a registered
land surveyor, and the map submitted to your office and approved on November 21, 2005.
Work previously conducted on Phases I and II of Cramer Woods (a residential subdivision) was
limited to two road crossings and minor placement of fill material within wetlands. Impacts
associated with the previous work were limited to 105 linear feet (If) of perennial stream, 2801f
of intermittent, unimportant stream, and 0.005 acre of wetland. Authorization for the work was
issued on February 20, 2002 (Action ID No. 200230432-33), and DWQ concurrence was issued
on February 27, 2002. The property upon which Phase III of Cramer Woods is proposed was not
owned by our client at the time the original NWP was issued.
The proposed project includes clearing and grading portions of the site to construct Phase III of
Cramer Woods, along with its associated infrastructure and amenities. Construction of road
crossings to provide access to portions of the property otherwise isolated by on-site streams will
result in impacts to approximately 180 if of perennial stream and 112 if intermittent stream.
Approximately 501f of perennial stream will be temporarily impacted during construction of a
sewerline to serve the property. In accordance with the Pre-Construction Notification (PCN)
requirements, we are submitting the enclosed PCN and accompanying support materials pursuant
to the issuance of NWP-12 and 39 and State General Water Quality Certification (WQC) 2274
and 3402.
Existing Conditions
The majority of the subject property is comprised of recently-timbered land that fonnerly
consisted of mature woodland. The site topography is generally gently-to-moderately sloping.
Dominant canopy species included Northern red oak (Quercus rubra), sweetgum ((Liquidambar
styraciflua), sourwood (Oxydendrum arboreum), white oak (Q. alba), red maple (Acer rubrum),
American holly (Ilex opaca), and flowering dogwood (Corpus florida). Dominant shrub and
woody vine species include Chinese privet (Ligustruin sinense), autumn olive (Elaeagnus
umbellata) and greenbrier (Smilax rotundifolia). Various grasses comprise the sparse herbaceous
ground layer.
3
Nationwide Pen-nit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
The following jurisdictional waters were identified in the project area:
Table 1: On-site Stream Length
Stream
ID Approximate Length
of Channel (if)
Intermittent Perennial Total
1 - 3,973 3,973
2 300 281 581
3 - 1,251 1,251
4 100 2,429 2,529
5 - 319 319
Total: 300 8,353 8,653
Based on S&ME's assessment of on-site conditions, large portions of the on-site streams are
incised and degraded, likely from increased stormwater runoff resulting from development of the
surrounding area.
Stream 1 is an unnamed tributary to Catawba Creek, and, in accordance with the criteria
identified in the Study Methods section of this report, was classified as perennial for its entire
length (approximately 3,973 If). Stream 1 appears on the USGS topographic map as a dashed
blue line.
Stream 2 is located in the northwestern portion of the property, and is a tributary to Stream 3.
From its origin near a western property boundary to a point approximately 1001f southeast,
Stream 2 is classified as intermittent, aquatically unimportant for approximately 3001f, while the
remainder (approximately 281 If) is perennial. A USACE Intermittent Channel Evaluation form
prepared for the intermittent portion of Stream 2 was submitted on September 20, 2005.
Stream 3 enters the property from the northern property boundary and flows south to Stream 1
for approximately 1,251 If. Stream 3 is classified as perennial for its entire length.
4
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
Stream 4 bisects the southern portion of the property, and is a tributary to Stream 1. Stream 4 is
classified as intermittent, aquatically unimportant for approximately 1001f, and perennial for
approximately 2,4291f. An Intermittent Channel Evaluation form prepared for the intermittent
portion of Stream 4 was submitted on September 20, 2005.
Stream 5 is a perennial channel located along the eastern property boundary. Stream 5 drains to
Stream 1, and is perennial for its entire length (approximately 3191f).
No jurisdictional wetlands were identified within the project.
Proposed Impacts
The proposed project plans involve development of the subject property as a residential
community. Elements of the project will include development of residential lots and
construction/improvements of access roads and infrastructure associated with the development.
Permanent, project-wide stream impacts are identified in Table 2 below:
Table 2: Permanent Stream Impacts (NWP-39)

Stream

ID Approximate Length

of Channel Impacted (if)
Intermittent Perennial "
1
2 112 -
3 - 89
4 - 91
5
Subtotal: 112 180
Previously-Permitted Impacts 280 105
Total: 392 285
5
Nationwide Pen-nit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26 2006
Construction activities associated with Phase III of Cramer Woods will impact 1801f of
perennial stream and 1121f of intennittent stream. Previous permanent impacts associated with
Phase I of the project were limited to 1051f of perennial stream, 2801f of intermittent stream and
intermittent stream and 0.005 acre of wetlands. Cumulatively, project-wide, permanent stream
impacts associated with current and previous phases of Cramer Woods are 2851f of perennial
stream (requiring mitigation) and 392 if of intermittent, aquatically-unimportant stream (not
requiring.mitigation). No additional wetland impacts beyond those associated with pervious
phases (0.005 acre) will occur.
The proposed permanent project impacts are depicted in Figure 4, and detailed in Figures 5
through 7, included as attachments to the permit application. The location of the arched span
over Stream l,where no impacts will occur, has also been included as Figure 5. Each of the
proposed stream crossings are identified below:
• Stream 1 Road Crossing (Figure 5): This road crossing is located along the eastern
property boundary, and will connect Phase III of the project to Phase II. The crossing
will be accomplished through use of an arched span, and will result in no impacts to
Stream 1. The arch will completely span the banks of Stream 1, and will not be mitered
to follow bends in the stream.
• Stream 2 Road Crossing (Figure 6): This crossing is located near the northwestern portion of
the property, and is required to access high ground otherwise isolated from the remainder of
the property by Streams 2 and 3. The portion of Stream 2 where the road crossing will be
located is classified as intermittent and aquatically-unimportant. Impacts to Stream 2
resulting from the crossing are approximately 112 If.
• Stream 3 Road Crossing (Figure 7): This crossing is located in the north-central portion of
the property, and is required to access high ground otherwise isolated from the remainder of
the property by Streams 1 and 3. Through the use of headwalls on either side of the
crossing, impacts to Stream 3 will be limited to approximately 891f, including a required
riprap apron at the culvert outlet.
• Stream 4 Road Crossing (Figure 8): This crossing is located in the south-central portion of
the property, and is required to access high ground otherwise isolated from the remainder of
the property by Stream 4. Through the use of headwalls on either side of the crossing,
impacts to Stream 4 will be limited to approximately 91 If, including a required riprap apron
at the culvert outlet.
6
Nationwide Pen-nit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
Temporary impacts associated with construction of a sewerline will be required to provide sewer
service to the proposed residential development. These temporary impacts are authorized in
accordance with NWP-12, and are limited to approximately 501f of perennial stream. Additional
sewerline crossings have been incorporated into the proposed road crossings, and will not result
in impacts beyond those specified in Table 2. The temporary stream crossings not associated
with a proposed road crossing are identified in Table 3 below, and depicted on Figure 9.
Table 3: Temporary Stream Impacts (NWP-12) .

Stream

ID Approximate Length

of Channel Impacted (If)
Intermittent Perennial
1 - 20
2 - -
3 - 10
4 - 20
5 - -
Total: - 50
These impacts are considered temporary since the areas will be completely restored to their
original grade and contour in accordance with the applicable general, specific and regional
conditions of NWP-12 and WQC 2274.
Avoidance and Minimization
The proposed project has been designed to avoid and minimize impacts to waters of the U.S. to
the maximum extent practical. While over 8,600 if of stream are located on Phase III of the
Cramer Woods development, use of headwalls and an arched span have allowed the project-wide
impacts from the current and previous phases to remain limited to less than 3001f of perennial
stream.
7
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
S&ME has worked closely with Robinson & Sawyer, who indicate that the project has been
designed in accordance with the conditions of the applicable NWPs and the corresponding State
General Water Quality Certifications. Accordingly, no wastes, spoils, solids or fills will be
placed within wetlands, waters or riparian areas beyond the limits of those depicted in this PCN
application. During construction, measures will be utilized to limit the impacts identified above.
These measures include: 1) the use of siltation barriers and sediment traps; 2) the use of
barricades identifying construction limits such that unnecessary removal of mature trees does not
occur; 3) regular inspection and maintenance during construction; and 4) pre-construction
meetings.
The sewerline will be installed with no joints connected within the footprint of the stream
channel or within two feet of the stream banks, and placement of riprap will be restricted to the
stream bottom and banks directly impacted by placement of the sewerline. The riprap will only
be used below the ordinary high water level, and will not result in de-stabilization of the stream
bed or banks upstream or downstream of the crossing. The sewerline will cross the subject
streams at a near-perpendicular direction (between 75 and 105 degrees), and the width of the
temporary construction corridor (TCE) at the crossings has been limited to the minimum
necessary to place the pipe, or approximately 10 feet, whichever is less. Following construction,
the stream cross-section will be restored to its original grade and elevation. The proposed project
will not result in permanent changes in pre-construction elevation contours or stream dimension,
pattern or profile. Excess material will be removed to a high ground disposal area, and no fescue
will be used in reseeding the area.
Appropriate sediment and erosion control practices equaling those outlined in the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will
be required as part of the project specifications governing the proper design to comply with
appropriate turbidity water quality standards. Sediment and erosion control measures placed in
waters will be removed and the original grade restored within two months after the Division of
Land Resources has released the project.
8
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
The proposed work should not cause degradation of area water quality, and will not pennanently
restrict or impede the passage of normal or expected high flows. Efforts will be made to perform
the work during periods of no or low flow.
Protected Species and Historic Properties
S&ME provided scoping letters to the North Carolina Natural Heritage Program (NCNHP), the
North Carolina State Historic Preservation Office (SHPO) and the U.S. Fish & Wildlife Service
(USFWS) on September 6, 2005. The scoping letters included a description of the proposed
work, figures detailing the location of the project area, and a request for comment regarding
concerns that the respective agencies may have on the project. The NCNHP responded with a
September.12, 2005 letter, and the USFWS with an October 6, 2005 letter. Both agencies stated
that they have no record of rare species, significant natural communities or priority natural areas
which would be affected by the project. SHPO responded with a September 26, 2005 letter
stating that they were-aware of no cultural resources that would be affected by the proposed
project. Copies of the agency response letters have been included with this PCN application.
S&ME also conducted a protected species assessment of the subject property. Based on
literature review, our habitat assessment, and a pedestrian field review, it is our opinion that the
study area does not provide suitable habitat for federally or state protected terrestrial species
known to occur within Gaston County. Pedestrian field review of the site did not reveal the
presence of federal or state listed terrestrial species in the study area. The complete findings of
our assessment have been attached to this PCN.
Mitigation
To adequately compensate for the unavoidable impacts described in this application, our client
plans to make the appropriate payment to the North Carolina Ecosystem Enhancement Program
(NCEEP). Based on the condition of the impacted streams, we anticipate that mitigation will be
required at a 1:1 ratio (285 If). An acceptance letter from NCEEP is attached.
9
Nationwide Permit 12 and 39
S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
Appropriate mitigation for the proposed project includes avoidance and minimization procedures
implemented during the design phase of the proposed project. The proposed project involves
impacting less than 300 if of perennial stream, incorporates the use of costly headwalls to limit
impacts to Streams 3 and 4, and an arched span to avoid impacts to Stream 1.
On October 4, 2005, Mr. Barry Love of DWQ conducted an on-site visit. Mr. Love concluded
that the portion of Stream 2 affected by the proposed project is classified as intermittent, and
impacts thereto would not require mitigation by DWQ. Although the remaining on-site streams
were largely of poor quality, the affected portions of Streams 1, 3, 4 and 5, were classified as
perennial, and would require mitigation. Mr. Love further indicated that temporary impacts to
the on-site streams resulting from the sewerline crossings (NWP-12) would not require
compensatory mitigation, so long as the work was conducted in accordance with the applicable
WQC conditions, and the affected areas were restored to their original grade and contour.
Similarly, the USACE does not generally require mitigation for temporary impacts when the
affected areas are restored to pre-construction conditions.
We do not anticipate that our client will be required to provide additional compensatory
mitigation beyond the required payment to NCEEP, since avoidance and minimization efforts
have been undertaken in the planning process, and total impacts to waters of the U.S. from this
and previous phases of Cramer Woods are within the threshold of NWP-39.
Stormwater Management
The project as proposed does not require approval of a stormwater management plan by DWQ.
The subject property has been divided into 139 residential lots, ranging in size from 0.34 acre to
2.11 acre, with an average lot size of 0.58 acre. The proposed project will not result in
impervious surface of greater than 26 percent. Accordingly, DWQ does require site-specific
stormwater management, since the total impervious acreage of the site is less than 30 percent,
and there are no concentrated areas of impervious surface within the property.
10
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26 2006
By copy of this correspondence and completed PCN, we are requesting your concurrence with
this NWP 39 permit application. If we can provide additional information or answer questions
you may have, please feel free to contact us.
Sincerely,
S&ME, Inc.
Joey Law S.
Natural R r/urc?es Pr oject Manager
Lisa J. Becks om, C.E., C.W.B.
Natural Resources Department Manager
Senior Review by Dane A. Horna, P.E., V.P.
JoL/DAH/LJB/jol
Attachments:
Pre-Construction Notification (PCN)
Letter of Authorization to Act as Agent
Figures 1 through 9
Site Photographs
Protected Species Assessment and copies of Agency Scoping Letters and responses
Acceptance letter from EEP
Check for $475.00 (DWQ)
C. Donnie Cann, CCH Residential Developers, Inc.
Don Smith, P.E., Robinson & Sawyer
11

Pre-Construction Notification
r
Office Use Only: Fonn Version March 05
20 60160
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicahle" or, NiA".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 12, 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ? N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ? N/A
II. Applicant Information ? 9
1. Owner/Applicant Information JAN 3 x X006
Name: CCH Residential Developers, Inc. DEN11 • vVA R R QXIAUTY
n?v "'ry "? ?'s'rc r¢•?vr ;C.tz LPG+Gtt
Mailing Address: 1671 Upper Armstrong Ford Road
Belmont, NC 28012
Telephone Number: 704.825.9470 Fax Number: 704.829.7913
E-mail Address: n/a
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
3.
Name: Joey Lawler, P.W.S.
Company Affiliation: S&ME, Inc.
Mailing Address: 9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Telephone Number: 704-5234726
E-mail Address: [e-mail]
Fax Number: 704-525-3953
Page I of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cramer Woods - Phase III
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 204403, 188675 and 189211
4. Location
County: Gaston Nearest Town: Gastonia
Subdivision name (include phase/lot number): Cramer Woods - Phase III (proposed)
Directions to site (include road numbers/names, landmarks, etc.): From NC Highway 279
going east from Gastonia, turn right on Huffstetler Road. Proceed approximately 0.5
mile. Property is the logged area on the left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.2161°N, 81.0934° W
6. Property size (acres): Approximately 88 acres
7. Name of nearest receiving body of water: UT of Catawba Creek, 11-130, Class C
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The majority of the subject property is comprised of recently-timbered land. The site
topography is generally gently-to-moderately sloping. Prior to logging activities at the
site, dominant canopy species included Northern red oak (Quercus rubra), sweetgum
Page 2 of 12
((Liquidambar styraciflua), sourwood (Oxydepdrum arboreum), white oak (Q. alba), red
maple (Acer rubrum), American holly (Ilex opaca), and flowering dogwood (Corpus
florida). Dominant shrub and woody vine species include Chinese privet (Ligustrum
sipepse), autumn olive (Elaeagpus umbellata) and greenbrier (Smilax rotupdifolia).
Various grasses comprise the sparse herbaceous ground layer.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project includes clearing and grading portions of the site to construct a
residential development, along with its associated infrastructure and amenities.
Construction of road crossings to provide access to portions of the property otherwise
isolated by on-site streams will result in impacts to approximately 1801f of perennial
stream and 112 If intermittent stream. Approximately 501f of perennial stream will be
temporarily impacted during construction of a sewerline to serve the property.
Industry-standard earth-moving equipment, such as trackhoes, dozers, trucks,
sidebooms, etc., will be used.
11. Explain the purpose of the proposed work:
The property will be developed as a residential community. Five streams dissect the
property. To provide vehicular access to portions of the site otherwise isolated by one
or more of the on-site streams, construction of four permanent access roads is
proposed. One of the access roads will be constructed across an intermittent,
unimportant portion of stream, while a second will completely avoid impacts to
another stream through use of an arched span. The remaining crossings will employ
extensive use of headwalls to limit stream impacts. The temporary stream impacts will
result from construction of a proposed sewerline to serve the residential community.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&ME conducted a jurisdictional delineation of the property on July 20 and 21, 2005.
Following completion of the fieldwork, a Jurisdictional Determination request, along with
representative data forms and supporting information, was submitted to your office. You
provided a Notification of Jurisdictional Determination on September 1, 2005 (Action ID
No. 200532680). The jurisdictional limits were subsequently surveyed and mapped by a
registered land surveyor, and the map submitted to your office and approved on November
21, 2005.
Page 3 of 12
On October 4, 2005, Mr. Barry Love of DWQ conducted an on-site visit. Mr. Love
concluded that the portion of Stream 2 affected by the proposed project is classified as
intermittent, and impacts thereto would not require mitigation by DWQ. The affected
portions of Streams 1, 3, 4 and 5 were classified as perennial, and would require mitigation.
Work previously conducted on an earlier phase of Cramer Woods was limited to two road
crossings and minor placement of fill material within wetlands. Impacts associated with
the previous work were limited to 105 If of perennial stream, 280 If of intermittent,
unimportant stream, and 0.005 acre of wetland. UASCE authorization for the work was
issued on February 20, 2002 (Action ID No. 200230432-33), and DWQ concurrence was
issued on February 27, 2002. The property upon which Phase III of Cramer Woods is
proposed was not owned by our client at the time the original NWP was issued.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
It is not anticipated that the proposed project will result in future impacts to jurisdictional
wetland and/or waters of the U.S., and will not require USACOE permits.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Phase III of Cramer Woods will result in permanent impacts to 1801f of perennial stream and
1121f of intermittent, aquatically-unimportant stream. Previous permanent impacts
associated with Phase I of the project were limited to 1051f of perennial stream, 280 if of
intermittent stream and 0.005 acre of wetlands. Cumulatively, project-wide, permanent
stream impacts associated with current and previous phases of Cramer Woods are 2851f of
perennial stream and 3921f of intermittent stream. No additional wetland impacts beyond
those associated with pervious phases (0.005 acre) will occur.
The proposed stream crossings are identified as follows:
Page 4 of 12
Stream 1 Road Crossing: This road crossing is located along the eastern property
boundary, and will connect Phase III of the project to previous phases. The
crossing will be accomplished through use of an arched span, and will result in no
impacts to Stream 1. The arch will completely span the banks of Stream 1, and will
to be mitered to following bends in the stream.
Stream 2 Road Crossing: This crossing is located near the northwestern portion of the
property, and is required to access high ground otherwise isolated from the remainder
of the property by Streams 2 and 3. The portion of Stream 2 where the road crossing
will be located is classified as intermittent and aquatically-unimportant. Impacts to
Stream 2 resulting from the crossing are approximately 112 If.
• Stream 3'Road Crossing: This crossing is located in the north-central portion of the
property, and is required to access high ground otherwise isolated from the remainder
of the property by Streams 1 and 3. Through the use of headwalls on either side of the
crossing, impacts to Stream 2 will be limited to approximately 891f, including a
required riprap apron at the culvert outlet.
• Stream 4 Road Crossing: This crossing is located in the south-central portion of the
property, and is required to access high ground otherwise isolated from the remainder
of the property by Stream 4. Through the use of headwalls on either side of the
crossing, impacts to Stream 4 will be limited to approximately 911f, including a
required riprap apron at the culvert outlet.
Temporary impacts associated with construction of a sewerline will be required to provide
sewer service to the proposed residential development. These temporary impacts are
authorized in accordance with NWP-12, and are limited to approximately 501f of perennial
stream. Additional sewerline crossings have been incorporated into the proposed road-
crossings, and will not result in impacts beyond those specified herein. The temporary
stream crossings not associated with a proposed road crossing are identified in the
appropriate table below, and depicted on Figure 9. These impacts are considered
temporary since the areas will be completely restored to their original grade and contour in
accordance with the applicable general, specific and regional conditions of NWP-12 and
WQC 2274.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within
Distance to
Area of
Site Number
i Type of Impact (e.g., forested, marsh, 100-
year
Floodplain? Nearest Stream Impact
(
ndicate on map) herbaceous, bog, etc.) (linear feet) (are)
(yes/no)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acre) 0
Page 5 of 12
3. List the total acreage (estimated) of all existing wetlands on the property:
None
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
-impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
PERMANENT IMPACTS
Perennial or Average Impact Area of
Stream Impact ID Stream Name Type of Impact Intermittent? Stream Width Length Impact
Before Impact (linear feet) (acre)
Stream 2 (Figure 6) UT Culvert Intermittent 2 112 0.001
Stream 3 (Figure 7) UT Culvert Perennial 9 89 0.020
Stream 4 (Figure 8) UT Culvert Perennial 3 91 0.006
Tota l Permanent Stream Impact (by length and acreage) 292 0.027
TEMPORARY IMPACTS
Perennial or Average Impact Area of
Stream Impact ID Stream Name Type of Impact Intermittent? Stream Width Length Impact
Before Impact (linear feet) (acre)
Stream I (Figure 9, UT Utility Line Perennial 12 10 .003
Inset 1)
Stream 1(Figure 9,
UT
Utility Line
Perennial
20
10
.005
Inset 2)
Stream 3 (Figure 9, UT Utility Line Perennial 8 10 .002
Inset 3)
Stream 4 (Figure 9, UT Utility Line Perennial 1 10 .001
Inset 4)
Stream 4 (Figure 9, UT Utility Line Perennial 2 10 .001
Inset S)
Total Temporary Stream Impact (by length and acreage) 50 .012
Page 6 of 12
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact
Site Number Name of Waterbody
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay, Area of
Impact
(indicate on ma) (if applicable) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.039
Wetland Impact (acres): 0.00
Open Water Impact (acres): 0.00
Total Impact to Waters of the U.S. (acres) 0.039
Total Stream Impact (linear feet): 342
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USAGE. N/A
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 12
The proposed project has been designed to avoid and minimize impacts to waters of the
U.S. to the maximum extent practical. While over 8,600 If of stream are located on Phase
III of the Cramer Woods development, use of headwalls and an arched span have allowed
the cumulative, project-wide impacts from this and previous phases to remain limited to
less than 300 If of perennial stream.
S&ME provided the Robinson & Sawyer with a list of conditions pursuant to the
applicable NWPs and the corresponding State General Water Quality Certifications.
Accordingly, Robinson and Sawyer have indicated that the project has been designed to
comply with the conditions specified therein, and construction activities at the site will be
conducted in accordance with the applicable conditions.. No wastes, spoils, solids or fills
will be placed within wetlands, waters or riparian areas beyond the limits of those depicted
in this PCN application.
During construction, measures will be utilized-to limit the impacts identified above. These
measures include: 1) the use of siltation barriers and sediment traps; 2) the use -of
barricades identifying construction limits such that unnecessary removal of mature trees
does not occur; 3) regular inspection and maintenance during construction; and 4) pre-
construction meetings.
The sewerline will be installed with no joints connected within the footprint of the stream
channel or within two feet of the stream banks, and placement of riprap will be restricted
to the stream bottom and banks directly impacted by placement of the sewerline. The
riprap will only be used below the ordinary high water level, and will not result in de-
stabilization of the stream bed or banks upstream or downstream of the crossing. The
sewerline will cross the subject streams at a near-perpendicular direction (between 75 and
105 degrees), and the width of the temporary construction corridor (TCE) at the crossings
has been limited to the minimum necessary to place the pipe, or approximately 10 feet,
whichever is less. Following construction, the stream cross-section will be restored to its
original grade and elevation. The proposed project will not result in permanent changes in
pre-construction elevation contours or stream dimension, pattern or profile. Excess
material will be removed to a high ground disposal area, and no fescue will be used in
reseeding the area.
Appropriate sediment and erosion control practices equaling those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" will be required as part of the project specifications governing the proper design
to comply with appropriate turbidity water quality standards. Sediment and erosion
control measures placed in waters will be removed and the original grade restored within
two months after the Division of Land Resources has released the project. The proposed
work should not cause degradation of area water quality, and will not permanently restrict
or impede the passage of normal or expected high flows. Efforts will be made to perform
the work during periods of no or low flow.
Page 8 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal.. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
bttj2://h2o.enr.stdte.nc.us/newetlands/sti-ingide.btml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To adequately compensate for the unavoidable impacts described in this application,
our client plans to make the appropriate payment to the North Carolina Ecosystem
Enhancement Program (NCEEP). Based on the condition of the impacted streams, we
anticipate that mitigation will be required at a 1:1 ratio.
Impacts have been avoided and minimized to the maximum extent practicable.
Appropriate mitigation for the proposed project includes avoidance and minimization
procedures implemented during the design phase of the proposed project. The
proposed project involves impacting less than 300 If of perennial stream, and
incorporates the use of costly headwalls and an arched span to avoid or minimize
impacts associated with the crossings: We do not anticipate that our client will be
required to provide additional compensatory mitigation since avoidance and
minimization efforts have been undertaken in the planning process, and total impacts to
waters of the U.S. are within the threshold of NWP-39.
Page 9 of 12
During his site visit, Mr. Love with DWQ indicated that temporary impacts to the on-
site streams resulting from the sewerline crossings (NWP-12) would not require
compensatory mitigation, so long as the work was conducted in accordance with the
applicable WQC conditions, and the affected areas were areas were restored to their
original grade and contour. Similarly, the USACE does not generally require
mitigation for temporary impacts when the affected areas are restored to pre-
construction conditions.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 285
Amount of buffer mitigation requested (square feet): Not Required
Amount of Riparian wetland mitigation requested (acres): Not Required
Amount of Non-riparian wetland mitigation requested (acres): Not Required
Amount of Coastal wetland mitigation requested (acres): Not Required
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ? N/A
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes E] No ? N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 10 of 12
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify-)? Yes ? No
t
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation'by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba) N/A
2 N/A 1.5 N/A
Total N/A N/A N/A
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The project as proposed does not require approval of a stormwater management plan by
DWQ. The subject property has been divided into 139 residential lots, ranging in size from
0.34 acre to 2.11 acre, with an average lot size of 0.58 acre. The proposed project will not
result in impervious surface of greater than 26 percent. Accordingly, DWQ does not
require site-specific stormwater management, since the total impervious acreage of the site
is less than 30 percent, and there are no concentrated areas of impervious surface within
the property.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will be served by municipal sanitary sewer.
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
project as proposed will be constructed in compliance with the applicable general, specific
and regional conditions of NWP-12 and NWP-39. As such, cumulative and secondary
impacts are not anticipated.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
None
A pp4wi rm A a re. Date
(Agent's signature is va id only if an authorization letter from the applicant is provided.)
Page 12 of 12
Letter of Authorization
To Act as Agent
FILE No.274 01/25 '06 AM 11:04 ID:ROBINSON * SAWYER FAX:[phone] PAGE 2
*S&ME
ENGINEERING - TESTING
ENVIRONMENTAL SERVICES
Date: 1A,yy yx 2A 2m4
Project information
LETTER OF AUTHORIZATION
TO ACT AS AGENT WITH TI-IF,
US ARMY CORPS OF IlaNCINFERS
S&ME Project Name: Cramer Woods-Phase III
Type of Project: Nationwide Permit -
Location: Gaston County, North Carolina
Property Owner/Representative Information
Business Namc: CCH Residential Developers, Inc.
Mailing Address:
/?-?/ o
City, State, Zip Code:
xC./?ONT., NG _ 2-8012.
Telephone No.
Contact, k, 0oN?vh5- ?/A
Agent Information
Business Name: S&ML, Inc.
Street Address: 9751 Southern Pine Boulevard
City, State, Zip Code: Charlotte, NC 28273 -
Telephone No. [phone]
_.. __ ---... ...._......_-------- .. -
Contact: Mr. Joey Lawler','-P. -''W*.-S.
Authorization: \J on behalf of
(Contact Signature)
C?a C?_ ?•e-? ,?.J?? n40. Zor--hereby authorize
(Name of Landowner or Rcpresentative)
S&ME, Inc, to act as agent for the above-mentioned project.
¦
AN 3 1 2006
n Btvd
I? Earns,ory Blvd 13ard-n4r Park ..
6
U
?3Gcag+artawrl
'4 • 1

Lowell r;W\ T';I? Of
Alf
MrAdanv ills:
all M eAderiville I
} U1
LM¦sl ?MAltt+lri'arti
t?
y't1114ti'SC)T%
Crammrlon

?r
r•.
Ekmoras crossroaft
r
x

1PQuest rani, Inc
Source: MapQuest Website
Scale: As Shown
Checked by: LJB NOMM,
Drawn by: JoL ^I
ENGINEERING TESTING
ENVIRONMENTAL SERVICES
Date: 1-18-06
I
`?oUih l?r?lma

?_ I?ar?ldbx ? Pc?lnt
„'k Du>treiei ,?'?
?3tvar,? c?
,?I:anteat
IGwrd?n
SITE VICINITY MAP Figure
Cramer Woods - Phase I I I
Gastonia, North Carolina
Project No.: 1 357-05-493-A

*1.

j
610 ??+?'?
? t-
i
?
' (?//1' .\J'? L-- r`, ••"i / JI i ? - '4'?_,q y r f' ( ? ?i? ?r? - i I e L-
= Limits of Current Phase Source: Topozone website 1997 Belmont NC USGS topographic map
e e e iw ra
=Limits of Previous Phases
0 0.1 0.1 0.3 0.4 0.5 011

Scale: As Shown USGS TOPOGRAPHIC MAP Figure

Checked by: LJB Cramer Woods - Phase I I I
Drawn by: JoL Gastonia, North Carolina 2
ENGINEERING TESTING
ENVIRONMENTAL SERVICES
Date: 01-19-06 Project No.: 1357-05-493-A
m
i ?1r 9, ?r .f
k 7 It
!,YF

i 4• y
; cy
.
?
Ki
?
k j4at
{ . yyy
yyy
S
?
h{y

- t
? ? ? _
,m'F° o,

Al

Photo 1: Typical view of property.

. 7.7
t
?.!Y
J O iY? - ?+?.2 ??, ? a
C'
.?'
a ..k , ?
?
`r?i,?l.
J
i
j
•,. ?• ?
yy
?
.+
.T6?_?.'?' v 4 `
r _ I
.
.
\??
r
m j
.

'N J4> t? fp ? F I ? ? U

Photo 3: View of Stream 2.
1. 1 - --
t +?. w

LF
W, %

'?IS',d6
?f" 01
low,

..
J[ a• d ?.J arl ?4? ?.. si acA w

411i "I

ny•, raG x
a ? +wa ??.? •. f t
46
r
Photo 4: View of Stream 3.
M
Photo 5: View of Stream 4. Photo 5: view of Stream 5.
Taken by: JoL SITE PHOTOGRAPHS
le 0 Cramer Woods - Phase III
Checked by: LJB
Gastonia, North Carolina
Date: 12-18-2005 ENGINEERING TESTING
ENVIRONMENTAL SERVICES Project No.: 1357-05-493-A
Protected Species Assessment,
Copies of Agency Scoping Letters
and Responses
ItS&ME
September 19, 2005
Cann Builders, Inc.
1671 Armstrong Ford Road
Belmont, North Carolina 28012
Attention: Donnie Cann, President
Reference: Protected Species Assessment
Cramer Woods - Phase III
Gastonia, North Carolina
S&ME Project No. 1357-05-493-A
Dear Mr. Carol:
S&ME, Inc. (S&ME) is pleased to submit the results of the Protected Species Assessment
recently performed on a proposed development site located in Gaston County, North Carolina '
(Figure 1). This work was performed in accordance with S&ME Proposal No. 1357-15567-05,
dated August 24, 2005. The opinions included in this report are based on the information
obtained during the study and our professional experience.
The property consists of all or portions of Gaston County Tax Parcel Nos. 204403, 188675 and
189211, and is identified as Cramer Woods - Phase III. The property totals approximately 88
acres, and is generally located east of Huffstetler Road and west of Phases I and II of Cramer
Woods, in the Town of Gastonia, Gaston County, North Carolina (35.2161'N, 81.0934° W).
The property is depicted on portion of the Belmont, N.C. USGS topographic quadrangle, dated
1997 (Figure 2), and a 2002 aerial photograph (Figure 3).
SBME, Inc. (704) 523-.4726
9751 Southern Pine Blvd. [phone] fax
Charlotte, North Carolina 282735560 www.smeinc.com
z
Protected Species Assessment
Cramer Woods - Phase III
S&ME Project No. 1357-05-493-A
September 19, 2005
Endangered and threatened species are protected under the Endangered Species Act (ESA) of
1973 (16 USC 1531-1543). Endangered species are defined as those plants and animals whose
prospects of survival are in immediate danger. Threatened species are those species that may
become endangered if conditions related to their existence continue to deteriorate (e.g., loss of
suitable habitat). According to information provided by Robinson & Sawyer, Inc., we
understand that the subject property is proposed for development as a residential subdivision.
The purpose of this protected species review and vegetative communities assessment is to
evaluate whether current site conditions are suitable for those protected terrestrial species (plants
or animals occurring on land) whose presence may be currently or historically documented in
Gaston County, to determine if those species known to occur in the vicinity of the proposed
project area are present at the time of field review, and to provide a general description of
vegetative communities identified within the subject property.
i
Scope of Services
S&NLE's review of potential protected terrestrial species habitat and vegetative. communities in
the subject property consisted of two tasks. Task 1 entailed a review of existing records obtained
from state sources to identify documented records of protected species within the subject
property. The North Carolina Natural Heritage Program (NCNHP) online database was
consulted for a listing of protected species documented within Gaston County, North Carolina.
Task 2 involved a literature and field review of the proposed project area to identify areas that
may provide potential habitat for the protected terrestrial species identified during Task 1. Task
2 included a review of topography, drainage features, soil types, level of disturbance, and plant
community types.
2
i
Protected Species Assessment
Cramer Woods - Phase III
S&ME Project No. 1357-05-493-A
September 19, 2005
Study Methods
S&ME reviewed the NCNHP database for records of protected species within Gaston County,
North Carolina. The purpose of the search was to identify documented occurrences of protected
species located within this county. Listed species and their respective Federal and State status
are identified in Table 1. Explanations of Federal and State rankings are included at the end of
the table.
,j y 1
Bald eagle
(Haliaeetus leucoce hal
Bog Turtle
(Gly temys muhlenbery
Schweinitz's sunflower
Helianthus schiveinitzii
* E = Endangered, T = Threats
= Species of Special Concern
T T (PD) Current
T T (S/A) Current
E E Current
C = Candidate, PD = Proposed De-Listed, S/A = Similarity of Appearance, SC
Additionally, S&ME personnel reviewed available supporting information including the
Belmont, N.C. USGS Topographic Quadrangle. During field reconnaissance, S&ME personnel
integrated the information obtained from this supporting documentation with field evaluation for
the presence of protected terrestrial species or potential protected terrestrial species habitat.
Portions of the subject property that matched descriptions of preferred habitat for protected
terrestrial species listed in Table 1 were classified as potential habitat for protected terrestrial
species. An assessment of potential habitat for protected terrestrial species in the subject
property was conducted by performing a field review on September 6, 2005.
Existing Conditions and Habitat Characterization
S&ME conducted an inventory of existing site conditions and dominant vegetative community
types in the subject property. Photographs of the subject property are included as an attachment
3
Protected Species Assessment S&ME Project No. 1357-05-493-A
Cramer Woods - Phase III September 19, 2005
to this report. Vegetative communities in the subject property were distinguished by plant
species, location in the landscape, past disturbances and hydrologic characteristics.
At the time of the field review, the majority of subject property was comprised of recently-
timbered land that previously consisted of mature woodland. The timbered areas contained large
amounts of coarse woody debris and fallen trees. Areas containing younger trees had not been
timbered. The site topography is generally gently-to-moderately slopuig.
Remaining canopy species within the property included Northern red oak (Quercus rubra),
sweetguin (Liquidambar styraciflua), sourwood (Oiydendrun: arboretrnr), white oak (Q. alba),
red maple (Ater rubr um), American holly (Ilex opaca), and flowering dogwood (Corpus
florida). Dominant shrub and woody vine species include Chinese privet (Ligustrunt sirtense),
autumn olive (Elaeagrrus untbellata) and greenbrier (Sntilax rotundifolia). Various grasses
comprised the sparse herbaceous ground layer.
An active sewerline right-of-way (RIW) is located near the eastern property boundary.
Vegetation observed in this area included chickweed (Stellaria media), goldenrod (Solidago sp.),
dog fennel (Eupatoriurrt Capillifoliurrt), partridge pea (Cassia fascictdata), red clover (Trfoliunt
pratense), broomstraw (Andropogon sp.), groundsel tree (Baccharis halintifolia) and saplings of
sweetgum, tulip tree (Liriodendron tulipifera) and red maple.
Protected Fauna
The NCNBP database identified two federally protected animal species with a documented
population within Gaston County, as identified in Table 1. A habitat assessment was conducted
on September 6, 2005 for the two species listed as having current populations in Gaston County.
A description of these species, and typical habitat associated with each species are provided
below.
4
Protected Species Assessment S&ME Project No. 1357-05-493-A
Cramer Woods - Phase III September 19, 2005
Bald eagle - Federallv Listed Threatener, State Listed Threatened
BIOLOGICAL CONCLUSION: NO EFFECT
The bald eagle is associated with coasts, rivers, and lakes, usually nesting near large bodies of
water where it feeds. Nesting habitat in the Carolinas usually occurs in large pine trees along the
edge of large bodies of water. The bald eagle is listed as a current record for Gaston County.
The proposed project is not expected to impact large bodies of water in Gaston County and
should not impact the bald eagle or its habitat.
Bog turtle Federallv Listed Threatened State Listed Threatened
BIOLOGICAL CONCLUSION: NO EFFECT
The bog turtle is a habitat specialist and is most commonly found in bogs, swamps, and wet
meadows with grassy cover and full sunlight. This turtle often burrows in the mud and is
considered an elusive species that may be difficult to find. No areas resembling the habitat
requirements for this species were observed in the study area.
Protected Flora
The NCNBP webpage identified four federally or state protected plant species with a
documented population within Gaston County, as identified in Table 1. A habitat assessment
was conducted on September 6, 2005 for the four plant species listed as having populations in
Gaston County. A description of these species, and typical habitat associated with each species
are provided below.
Schiveinitz's sunflower- State Listed Endan erect, Federallv Listed Endangered
BIOLOGICAL CONCLUSION: NO EFFECT
Schweinitz's sunflower is a perennial herb in the aster family that generally grows up to 1.5
meters in height. This plant has tuberous roots, with each stem attached to a single tuberous root.
The stems are scabrous and generally reddish in color. The leaves are soft pubescent below and
Protected Species Assessment
Cramer Woods - Phase III
S&ME Project No. 1357-05-493-A
September 19, 2005
scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish.
Schweinitz's sunflower blooms dining the month of September. The habitat of Schweinitz's
sunflower is open woods, roadsides, and powerline R/Ws, often on basic soils with bare spots or
a gravel component. The preferred sites are characterized by abundant sunlight and little
competition in the herbaceous layer.
The property does not contain suitable habitat for Schweinitz's sunflower. The existing
sewerline RIW, which on some sites may be considered appropriate habitat for Schweinitz's
sunflower, was dominated by invasive species. No individuals of Schweinitz's sunflower were
observed during field review. Accordingly, potential future development of the property is not
expected to impact this species.
Results
No protected species were observed during field review, and no appropriate potential habitat for
protected species was observed in the subject property. The sewerline RIW, which may be
considered appropriate habitat for Schweinitz's sunflower and Georgia aster in some instances,
was dominated by invasive vegetation that is not consistent with species typically associated
with appropriate habitat for protected species. Accordingly, the proposed project is not
anticipated to adversely impact protected species or potential protected species habitat in the
subject property.
In sununary, a review of protected species known to occur within Gaston County, North Carolina
identified two species of fauna and four species of flora. The proposed project area was field-
reviewed for the presence of the terrestrial species. No protected species were observed during
field review.
6
'Protected Species Assessment S&ME Project No. 1357-05-493-A
Cramer Woods - Phase III September 19, 2005
We hope that this letter addresses concerns you may have regarding the potential for impacts to
protected species in the subject property. Should you have any questions or require additional
information, please feel free to contact us at 704.523.4726.
Sincerely,
S&A E, Inc.
Qe YalwResources Na Project Manager
Lisa J. Beckstr , C.E., C.W.B.
Natural Resources Department Manager
JoL/LJB/jol
Attachments: Figure 1: Site Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: 2002 Aerial Photograph
Photographs of Existing Site Conditions
cc. Don Smith, P.E.
Robinson & Sawyer, Inc.
7

7
O $"-
a+ a
s4,.'_ s
3en B?vtl r
L?Q+(I 7,.; arll?*m rl?.
- pv?
1XIII: :5!
>71
"
t 4 r t ai' r1U?.'k x?Y?i rto?1 r*w1) 1 t1
'JA
? - f JIM
t
?f
j f {
Scale: As Shown
Checked by: LJB
Drawn by: JoL
ENVY RONM WAl ERVIC 5
Date: 09-06-05
SITE VICINITY MAP Figure
Cramer Woods - Phase III
Gastonia, North Carolina
Project No.: 1 357-05-493-A
1
f '
.1imits.of..Stibliect Property

I1

Source: Topozone website 1997 Belmont NC USGS topographic map
0 0.1 0.2 0.3 0.4 0.5 M1
Scale: As Shown _ USGS TOPOGRAPHIC MAP Figure

Cramer Woods -Phase III
Checked by: t_,)B

Drawn by: JoL ...:;.:.; Gastonia, North Carolina 2
NN
E
C
NMEM
ENY
A
AL S
RVI
ES
O
I
Date: 09-6-05 Project No.: 1357-05-493-A

Photo.3: Typical view of timbered area..
Photo .1: Typical view of timbered area..
Photo 2:.Typical view of timbered area.
Photo 5: Typical view of Seweriine RM. _ ___ __ _
.Photographs of Existing Site Conditions - Gastonia, NC 9.06.05
Cramer Woods - Phase III S&ME Project No. 1357-05-493-A
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Govemor William G. Ross Jr., Secretary
September 12, 2005
Mr. Joey Lawler
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte. NC 28273-5560
Subject: Development of Residential Subdivision - Cramer Woods, Phase III Property; Gaston
County
S&ME Project No. 1357-05-493-A
Dear Mr. Lawler:
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within a mile of the project area. Although our maps do not
show records of such natural heritage elements in the project area, it does not necessarily mean
that they are not present. It may simply mean that the area has not been surveyed. The use of
Natural Heritage Program data should not be substituted for actual field surveys, particularly if
the project area contains suitable habitat for rare species, significant natural communities, or
priority natural areas.
You may wish to check the Natural Heritage Program database website at
<w,vvly.nesparlcs.net/iilip/search.htm.l> for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to
contact me at 919-715-8697 if you have questions or need further information.'
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Oe?1CarO11Ila
Phone: [phone] - FAX: [phone] - Internet: mmenr.state.nc.us Nof the rol in
An Equal Opportunity • Affirmative Action Employer - 50 % Rec/cled 1 10 % Past consumer Paper `,
t'
O EN7f - m
United States Department of the Interior
h 2
=i a
_ FISH AND WILDLIFE SERVICE
RCH jep9 Asheville Field Office
160 Zillicaa Street
Asheville, North Carolina 28801
October 61 2005
Mr. Joey Lawler
Natural Resources Project Manager
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Dear Mr. Lawler:
Subject: Site Assessment for the Construction of Cramer Woods Subdivision - Phase III,
Located East, of Huffstetler Road, Southeast of Gastonia, in Gaston County, North
Carol ria (S&ME Project No. 1357-05-493-A)
In your letter dated September 6, 2005, you requested our continents on the subject project. We
have reviewed the information you presented and are providing the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
Project Description - According to the information provided, Phase III of Cramer Woods will
be built on an 87.5-acre parcel that was heavily wooded but has recently been logged. An
unnamed tributary to Catawba Creek is located in the eastern portion of the property. Although
no impacts to the stream are listed in your letter, we assume there will be impacts to the stream
because the developer is applying for a nationwide permit from the U.S. Army Corps of
Engineers.
Federally Listed Species - According to our records, no listed species or their habitats occur on
the site. We do not believe the proposed project will affect endangered or threatened species or
their habitats; therefore, the requirements under section 7 of the Act are fulfilled. However,
obligations under section 7 of the Act must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered,. (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or crifcal habitat is determined that may
be affected by the identified action.
Fish and Wildlife Resources - We are concerned about the direct, secondary, and cumulative
impacts to the unnamed tributary to Catawba Creek and forested areas on the subject property.
Therefore, we recommend the following measures to help minimize project impacts:
The treatment of storm water leaving the project area and the maintenance of
adequate riparian buffers are of particular concern. Without proper planning,
this development will create more impervious surfaces (such as roofs, roads,
and parking lots), which collect pathogens, metals, sediment, and chemical
pollutants and quickly transmit them to receiving waters. We recommend the
use of grassed swales in place of curb and gutter and on-site storm-water
management (i.e., bioretention areas) that will result in no net change in the
hydrology of the watershed. All storm-water outlets should drain through a
vegetated upland area prior to reaching any stream or wetland. Sufficient
retention designs should be implemented to allow for the slow discharge of
storm water, attenuating the potential adverse effects of storm-water surges;
thermal spikes; and sediment, nutrient, and chemical discharges.
2. Given the close proximity of this project to aquatic resources and the increased
amount of impervious surfaces that will result from the development, we are
concerned about the loss and lack of riparian buffers. We recommend that
forested riparian buffers be created and/or maintained along all aquatic areas.
These buffers should be a minimum of 100 feet wide along perennial streams
and 50 feet wide along intermittent streams. Riparian buffers provide travel
corridors and habitat for wildlife displaced by development. In addition,
riparian buffers protect water quality by stabilizing stream banks, filtering
storm-water runoff, and providing habitat for aquatic and fisheries resources.
3. Stringent measures to control erosion and sediment should be installed and
maintained in order to prevent unnecessary impacts to aquatic resources within,
and downstream of, the project site. Frequent maintenance of these devices is
critical to their proper function in order to minimize sediment discharge from
the project site. Perimeter erosion-control devices should be installed prior to
any on-the-ground activities.
4. We recommend the use of bridges for all permanent roadway crossings of
streams and associated wetlands because they minimize impacts to aquatic
resources, allow for the movement of aquatic organisms, and eliminate the
need to fill and install culverts. All stream crossings should be made
perpendicular to the stream. If culverts are the only option, we suggest using
bottomless culverts. Bottomless culverts do not need to be buried, thereby
minimizing the adverse impacts to streams. Any type of culvert that is used
should be designed to allow for the passage of fish and other aquatic life. The
culvert should be sized to accommodate the movement of debris and bed
material within a channel during a bank-full event. We recommend the use of
multiple barrels (other than the base-flow barrel), placed on or near stream
2
bank-full or floodplain bench elevation, in order to accommodate floodwaters
within the stream corridor. These should be reconnected to floodplain benches
as appropriate. This may be accomplished by using sills on the upstream end
to restrict or divert flow to the base-flow barrel(s). Sufficient water depth
should be maintained in the base-flow barrel during low flows to accommodate
fish movement. If the culvert is longer than 40 linear feet, alternating or
notched baffles should be installed in a manner that mimics the existing stream
pattern. This should enhance the passage of aquatic life by: (a) depositing
sediment in the barrel, (b) maintaining channel depth and flow regimes, and
(c) providing resting places for fish and other aquatic organisms.
5. We recommend that sewer lines, water lines, and other utility infrastructures be
kept out of riparian buffer areas. All utility crossings should be kept to a
minimum, which includes careful routing design and the combination of utility
crossings into the same right-of-way (provided there is not a safety issue). The
directional bore (installation of utilities beneath the riverbed, avoiding impacts
to the stream and buffer) stream-crossing method should be used for utility
crossings. Manholes or similar access structures should not be allowed within
buffer areas. Stream crossings should be near perpendicular to stream flow and
should be monitored at least every 3 months for maintenance needs during the
first 24 months of the project and annually thereafter. Sewer lines associated
with crossing areas should be maintained and operated at all times to prevent
discharges to land or surface waters. We recommend a minimum 50-foot
setback on all streams, lakes, and wetlands for these structures, which is in line
with the recommended buffer widths. In circumstances where minimum
setbacks cannot be attained, sewer lines shall be constructed of ductile iron or a
substance of equal durability.
6. Equipment should not be operated in the stream unless absolutely necessary.
Equipment should be operated from the banks in a fashion that minimizes
disturbance to woody vegetation. Equipment should be inspected daily and
should be maintained to prevent the contamination of surface waters from
leaking Riels, lubricants, hydraulic fluids, or other toxic materials. All fuels,
lubricants, and other toxic materials should be stored outside the riparian
management area of the stream, in a location where the material can be
contained. Equipment should be checked for leaks of hydraulic fluids, cooling
system liquids, and fuel and should be cleaned before fording any stream.
Also, all fueling operations should be accomplished outside the riparian
management area.
On February 6, 1990, the Department of the Army and the U.S. Environmental Protection
Agency signed a memorandum of agreement (MOA) that established the procedures to
determine the type and level of mitigation necessary to comply with the Clean Water Act Section
404 (b)(1) Guidelines. This MOA provides for: (1) avoiding impacts to waters and wetlands
through the selection of the least damaging and most practical alternative, (2) taking appropriate
and practical steps to minimize impacts on waters and wetlands, and (3) compensating for any
remaining unavoidable impacts to the extent appropriate and practical. If an alternatives analysis
confirms that impacts to the stream are unavoidable, we propose the establishment of the
following mitigation measures in order to provide a sufficient compensation for all unavoidable
impacts:
1. As a general rule, we recommend that all direct impacts to wetlands and
streams be mitigated with the restoration of comparable on-site streams and
wetlands at a ratio of at least 2:1. We recommend that an in-kind on-site
mitigation plan be considered to offset any impacts to the stream. If an in-kind
on-site mitigation plan cannot be established for the wetland and stream
impacts, then we recommend an in-kind off-site mitigation plan be created.
2. If an in-kind on-site mitigation plan cannot be provided and a buy-in to the
North Carolina Ecosystem Enhancement Program becomes necessary for
mitigation of the aquatic impacts, we recommend that the restoration ratio
of 2:1 be used to calculate the payment amount.
At this stage and without more specifics about construction locations or techniques, it is difficult
for us to fully assess the potential environmental impacts (direct, indirect, secondary and
cumulative) of this project. We therefore recommend that any environmental document prepared
for this project include the following (if applicable):
1. A detailed analysis of stream and wetland impact areas and locations,
particularly the locations of stream crossings and the construction techniques
proposed for stream crossings within the project area. Plans for all proposed
impact areas should include a complete analysis and comparison of the
available construction techniques and alternatives (including a no-build
alternative).
2. Information from all surveys and assessments, including the acreage and a
description of the wetlands that will be filled or impacted and the extent (linear
feet as well as discharge) of any water courses that will be impacted as a result
of the proposed project. A description of any streams should include the
classification (Rosgen 1995, 1996) and a description of the biotic resources,
and any wetlands affected by the proposed project should be mapped in
accordance with the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands.
3. A description of the fishery and wildlife resources within existing and required
additional rights-of-way and any areas, such as borrow areas, that may be
affected directly or indirectly by the proposed project.
4. An assessment of all expected secondary and cumulative environmental
impacts associated with this proposed work. The assessment should specify
4
the extent and type of development proposed for the project area once the work
is complete and how future growth will be maintained and supported with
regard to sewer lines, water lines, parking areas, and any proposed roadways.
5. A discussion about the extent to which the proj ect will result in the loss,
degradation, or fragmentation of wildlife habitat from direct construction
impacts and from secondary development impacts. The acreage and location
of upland habitat, by cover type, that will be eliminated because of the
proposed project must be noted.
6. Mitigation measures that will be employed to avoid, eliminate, reduce, or
compensate for habitat value losses (wetland, riverine, and upland) associated
with any phase of the proposed project.
We appreciate the opportunity to provide these comments. If we can be of assistance or if you
have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at
828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference
our Log Number 4-2-05-416.
Sincerely,
rian P. Cole
Field Supervisor
cc:
Ms. Amanda D. Jones, Asheville Regulatory Field Office, U.S. Army Corps of Engineers,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006
Asa
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandhcck, Administrator
nrd,acl IT. l:asky, Govemor Office of Archives and Histnry
1.isbeth C. Evans, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary Dartid Brook, Director
September 26, 2005
Joey Lawler
S&.ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273-5560
Re: Cramer Woods - Phase III Property, S&ME Project 1357-05-493-A, Gaston County, ER 05-2093
Dear Mr. Lawler:
Thank you for your letter of September 2, 2005, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources which would
be affected by the project. Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant fo Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you fox your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
w,?I
Peter Sandbeck
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount Strut, Milcigh NC 4617 Matt Smice center, lWcigh NC 27699-4617 [phone]/733.13653
RESTORATION 515 N. Blount Street, Raleigh NC 4617 Matl Scnicc Center, Raleigh NC 276994617 (919)733•6547nis-48i)1
SURVEY & PLANNING 515 N. Blount street,11.1tigh, NC 4617 Alai) Scnicc Center, Raleigh NC 276'9`9-4617 [phone]/71548121
01-11-• 00 11: 1L rtSUt77Ul:1Ar%- r_r
Joey Lawler
S&ME. Inc.
134 Suber Road
Columbia, SC 29210
Project: Cramer Woods, Phase III County: Gaston
1 t`SJ i UL U Utu
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EPP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will W approved.
This acceptance is valid for six months from the date of this letter. If Nye have not received a copy of the issued 404
Permid401 Certification within this time frame, this acccptance will expire, It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment rliust be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone I Zone 2
Unit . (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 300 0 0
03050102
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers. Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or LAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998,
If you have any questions or need additional information, please contact Carol Shaw at [phone].
S' cerely,
am 13. Gilmore, PE
Director
cc: Cyndi Karoly, Wctlands/401 Unit
Steve Chapin, USAGE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
1Ze-s -0r1 ... ... Prot Ou.? .eta t?
RC-dENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919.715-0476 ! www.noeep.net
*S&ME
January 26, 2006

F i
2 1 C 0
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Chapin, Regulatory Specialist
Reference: Nationwide Permits 12 and 39
Cramer Woods - Phase III
Gastonia, North Carolina
S&ME Project No. 1357-05-493-A
USACE Action ID No. 200532680
Dear Mr. Chapin:
JAIL 3 ? 2?Go
rr
CE3sit-?id.N=wi? ?sr;t
S&ME, Inc. (S&ME) is pleased to submit this application for impacts to jurisdictional wetlands
and waters of the U.S. in accordance with U.S. Army Corps of Engineers (USACE) Nationwide
Permit (NWP) 39. Robinson & Sawyer, Inc. (Robinson & Sawyer) has designed the project on
behalf of our client, CCH Residential Developers, Inc., who will be considered the applicant for
this pen-nit. Please find enclosed the following:
• A completed Pre-Construction Notification (PCN);
• Letter of Authorization to Act as Agent;
• Appropriate Figures: Site Vicinity Map (Figure 1); USGS Topographic Map (Figure 2);
2002 Aerial Photograph (Figure 3); Site Map (Figure 4); Stream Road Crossings (Figures
5-8); and Sewer Crossing Locations (Figure 9);
• Site Photographs;
• Protected Species Report and Copies of Agency Scoping Letters and Responses;
• Acceptance letter from the Ecosystem Enhancement Program (EEP); and
• A check for $475.00 (North Carolina Division of Water Quality [DWQ]).
S&ME, Inc. [phone]
9751 Southern Pine Blvd. [phone] fax
Charlotte, North Carolina 28273-5560 www.smeinc.com
4
'Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
Project Background
i
The property is an approximately 88-acre tract (Gaston County Parcel Identification Numbers
204403, 188675 and 189211) generally located southeast of the City of Gastonia in Gaston
County, North Carolina. Provided below is a list of pertinent information relating to the site and
the permit applicant:
Applicant:
CCH Residential Developers, Inc.
Mailing Address: 1671 Upper Armstrong Ford Road
Belmont, North Carolina 28012
Attn: Mr. Donnie Cann
Telephone Number: 704.852.9470
Fax Number: 704.829.7913
Address of Project: East of Huffstetler Road and west of Phases I and II of
Cramer Woods, in the Town of Gastonia, Gaston
County, North Carolina.
Closest Waterway:
River Basin:
County:
Coordinate Location of Site:
UT of Catawba Creek
Catawba
Gaston
35.2161°N, 81.09340 W
USGS Quadrangle: Belmont, NC
The location of the property is depicted by the Site Vicinity Map (Figure 1), the appropriate
portion of the 1997 Belmont, NC USGS Topographic Map (Figure 2) and a 2002 Aerial
Photograph (Figure 3).
S&ME conducted a jurisdictional delineation of the property on July 20 and 21, 2005.
Following completion of the fieldwork, a Jurisdictional Determination request, along with
representative data forms and supporting information, was submitted to your office. You
provided a Notification of Jurisdictional Determination on September 1, 2005 (Action ID No.
2
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
200532680). The jurisdictional limits were subsequently surveyed and mapped by a registered
land surveyor, and the map submitted to your office and approved on November 21, 2005.
Work previously conducted on Phases I and II of Cramer Woods (a residential subdivision) was
limited to two road crossings and minor placement of fill material within wetlands. Impacts
associated with the previous work were limited to 105 linear feet (If) of perennial stream, 2801f
of intermittent, unimportant stream, and 0.005 acre of wetland. Authorization for the work was
issued on February 20, 2002 (Action ID No. 200230432-33), and DWQ concurrence was issued
on February 27, 2002. The property upon which Phase III of Cramer Woods is proposed was not
owned by our client at the time the original NWP was issued.
The proposed project includes clearing and grading portions of the site to construct Phase III of
Cramer Woods, along with its associated infrastructure and amenities. Construction of road
crossings to provide access to portions of the property otherwise isolated by on-site streams will
result in impacts to approximately 1801f of perennial stream and 1121f intermittent stream.
Approximately 501f of perennial stream will be temporarily impacted during construction of a
sewerline to serve the property. In accordance with the Pre-Construction Notification (PCN)
requirements, we are submitting the enclosed PCN and accompanying support materials pursuant
to the issuance of NWT-12 and 39 and State General Water Quality Certification (WQC) 2274
and 3402.
Existing Conditions
The majority of the subject property is comprised of recently-timbered land that formerly
consisted of mature woodland. The site topography is generally gently-to-moderately sloping.
Dominant canopy species included Northern red oak (Quercus rubra), sweetgum ((Liquidambar
styraciflua), sourwood (Oxydendrum arboreum), white oak (Q. alba), red maple (Acer rubrum),
American holly (Ilex opaca), and flowering dogwood (Corpus florida). Dominant shrub and
woody vine species include Chinese privet (Ligustrum sinense), autumn olive (Elaeagnus
umbellata) and greenbrier (Smilax rotundifolia). Various grasses comprise the sparse herbaceous
ground layer.
3
Nationwide Pen-nit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
The following jurisdictional waters were identified in the project area:
Table 1: On-site Stream Length
Stream
ID Approximate Length
of Channel (11)
Intermittent Perennial Total
1 - 3,973 3,973
.2 300 281 581
3 - 1,251 1,251
4 100 2,429 2,529
5 - 319 319
Total: 300 8,353 8,653
Based on S&ME's assessment of on-site conditions, large portions of the on-site streams are
incised and degraded, likely from increased stormwater runoff resulting from development of the
surrounding area:
Stream 1 is an unnamed tributary to Catawba Creek, and, in accordance with the criteria
identified in the Study Methods section of this report, was classified as perennial for its entire
length (approximately 3,973 If). Stream I appears on the USGS topographic map as a dashed
blue line.
Stream 2 is located in the northwestern portion of the property, and is a tributary to Stream 3.
From its origin near a western property boundary to a point approximately 1001f southeast,
Stream 2 is classified as intermittent, aquatically unimportant for approximately 3001f, while the
remainder (approximately 281 If) is perennial. A USACE Intermittent Channel Evaluation form
prepared for the intermittent portion of Stream 2 was submitted on September 20, 2005.
Stream 3 enters the property from the northern property boundary and flows south to Stream 1
for approximately 1,251 If. Stream 3 is classified as perennial for its entire length.
4
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
Stream 4 bisects the southern portion of the property, and is a tributary to Stream 1. Stream 4 is
classified as intermittent, aquatically unimportant for approximately 1001f, and perennial for
approximately 2,4291f An Intermittent Channel Evaluation form prepared for the intennittent
portion of Stream 4 was submitted on September 20, 2005.
Stream 5 is a perennial channel located along the eastern property boundary. Stream 5 drains to
Stream 1, and is perennial for its entire length (approximately 3191f).
No jurisdictional wetlands were identified within the project.
Proposed Impacts
The proposed project plans involve development of the subject property as a residential
community. Elements of the project will include development of residential lots and
construction/improvements of access roads and infrastructure associated with the development.
Permanent, project-wide stream impacts are identified in Table 2 below:
Table 2: Permanent Stream Impacts (NWP-39)

Stream

ID Approximate Length

of Channel Impacted (If)
Intermittent Perennial
1 - -
2 112 -
3 - 89
4 - 91
5 - -
Subtotal: 112 180
Previously-Permitted Impacts 280 105
Total: 392 285
5
Nationwide Pen-nit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26 2006
Construction activities associated with Phase III of Cramer Woods will impact 180 if of
perennial stream and 112 if of intermittent stream. Previous penmanent impacts associated with
Phase I of the project were limited to 105 if of perennial stream, 2801f of intermittent stream and
intermittent stream and 0.005 acre of wetlands. Cumulatively, project-wide, permanent stream
impacts associated with current and previous phases of Cramer Woods are 2851f of perennial
stream (requiring mitigation) and 392 if of intermittent, aquatically-unimportant stream (not
requiring.mitigation). No additional wetland impacts beyond those associated with pervious
phases (0.005 acre) will occur. .
The proposed permanent project impacts are depicted in Figure 4, and detailed in Figures 5
through 7, included as attachments to the permit application. The location of the arched span
over Stream l,where no impacts will occur, has also been included as Figure 5. Each of the
proposed stream crossings are identified below:
• Stream 1 Road Crossing (Figure 5): This road crossing is located along the eastern
property boundary, and will connect Phase III of the project to Phase II. The crossing
will be accomplished through use of an arched span, and will result in no impacts to
Stream 1. The arch will completely span the banks of Stream 1, and will not be mitered
to follow bends in the stream.
• Stream 2 Road Crossing (Figure 6): This crossing is located near the northwestern portion of
the property, and is required to access high ground otherwise isolated from the remainder of
the property by Streams 2 and 3. The portion of Stream 2 where the road crossing will be
located is classified as intermittent and aquatically-unimportant. Impacts to Stream 2
resulting from the crossing are approximately 1121f.
• Stream 3 Road Crossing (Figure 7): This crossing is located in the north-central portion of
the property, and is required to access high ground otherwise isolated from the remainder of
the property by Streams 1 and 3. Through the use of headwalls on either side of the
crossing, impacts to Stream 3 will be limited to approximately 891f, including a required
riprap apron at the culvert outlet.
• Stream 4 Road Crossing (Figure 8): This crossing is located in the south-central portion of
the property, and is required to access high ground otherwise isolated from the remainder of
the property by Stream 4. Through the use of headwalls on either side of the crossing,
impacts to Stream 4 will be limited to approximately 91 If, including a required riprap apron
at the culvert outlet.
6
Nationwide Permit 12 and 39
Cramer Woods Phase III
S&ME Project No. 1357-05-493-A
Januarv 26. 2006
I Temporary impacts associated with construction of a sewerline will be required to provide sewer
service to the proposed residential development. These temporary impacts are authorized in
accordance with NWP-12, and are limited to approximately 501f of perennial stream. Additional
sewerline crossings have been incorporated into the proposed road crossings, and will not result
in impacts beyond those specified in Table 2. The temporary stream crossings not associated
with a proposed road crossing are identified in Table 3 below, and depicted on Figure 9.
Table 3: Temporary Stream Impacts (NWP-12)

Stream

ID Approximate Length

of Channel Impacted (if)
Intermittent Perennial
1 - 20
2 - -
3 - 10
4 - 20
5 - -
Total: - 50
These impacts are considered temporary since the areas will be completely restored to their
original grade and contour in accordance with the applicable general, specific and regional
conditions of NWP-12 and WQC 2274.
Avoidance and Minimization
The proposed project has been designed to avoid and minimize impacts to waters of the U.S. to
the maximum extent practical. While over 8,6001f of stream are located on Phase III of the
Cramer Woods development, use of headwalls and an arched span have allowed the project-wide
impacts from the current and previous phases to remain limited to less than 3001f of perennial
stream.
7
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26 2006
S&ME has worked closely with Robinson & Sawyer, who indicate that the project has been
designed in accordance with the conditions of the applicable NWPs and the corresponding State
General Water Quality Certifications. Accordingly, no wastes, spoils, solids or fills will be
placed within wetlands, waters or riparian areas beyond the limits of those depicted in this PCN
application. During construction, measures will be utilized to limit the impacts identified above.
These measures include: 1) the use of siltation barriers and sediment traps; 2) the use of
barricades identifying construction limits such that unnecessary removal of mature trees does not
occur; 3) regular inspection and maintenance during construction; and 4) pre-construction
meetings.
The sewerline will be installed with no joints connected within the footprint of the stream
channel or within two feet of the stream banks, and placement of riprap will be restricted to the
stream bottom and banks directly impacted by placement of the sewerline. The riprap will only
be used below the ordinary high water level, and will not result in de-stabilization of the stream
bed or banks upstream or downstream of the crossing. The sewerline will cross the subject
streams at a near-perpendicular direction (between 75 and 105 degrees), and the width of the
temporary construction corridor (TCE) at the crossings has been limited to the minimum
necessary to place the pipe, or approximately 10 feet, whichever is less. Following construction,
the stream cross-section will be restored to its original grade and elevation. The proposed project
will not result in permanent changes in pre-construction elevation contours or stream dimension,
pattern or profile. Excess material will be removed to a high ground disposal area, and no fescue
will be used in reseeding the area.
Appropriate sediment and erosion control practices equaling those outlined in the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will
be required as part of the project specifications governing the proper design to comply with
appropriate turbidity water quality standards. Sediment and erosion control measures placed in
waters will be removed and the original grade restored within two months after the Division of
Land Resources has released the project.
8
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
The proposed work should not cause degradation of area water quality, and will not pennanently
restrict or impede the passage of normal or expected high flows. Efforts will be made to perfonn
the work during periods of no or low flow.
Protected Species and Historic Properties
S&ME provided scoping letters to the North Carolina Natural Heritage Program (NCNHP), the
North Carolina State Historic Preservation Office (SHPO) and the U.S. Fish & Wildlife Service
(USFWS) on September 6, 2005. The scoping letters included a description of the proposed
work, figures detailing the location of the project area, and a request for comment regarding
concerns that the respective agencies may have on the project. The NCNHP responded with a
September .12, 2005 letter, and the USFWS with an October 6, 2005 letter. Both agencies stated
that they have no record of rare species, significant natural communities or priority natural areas
which would be affected by the project. SHPO responded with a September 26, 2005 letter
stating that they were-aware of no cultural resources that would be affected by the proposed
project. Copies of the agency response letters have been included with this PCN application.
S&ME also conducted a protected species assessment of the subject property. Based on
literature review, our habitat assessment, and a pedestrian field review, it is our opinion that the
study area does not provide suitable habitat for federally or state protected terrestrial species
known to occur within Gaston County. Pedestrian field review of the site did not reveal the
presence of federal or state listed terrestrial species in the study area. The complete findings of
our assessment have been attached to this PCN.
Mitigation
To adequately compensate for the unavoidable impacts described in this application, our client
plans to make the appropriate payment to the North Carolina Ecosystem Enhancement Program
(NCEEP). Based on the condition of the impacted streams, we anticipate that mitigation will be
required at a 1:1 ratio (2851f). An acceptance letter from NCEEP is attached.
9
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26 2006
Appropriate mitigation for the proposed project includes avoidance and minimization procedures
implemented during the design phase of the proposed project. The proposed project involves
impacting less than 3001f of perennial stream, incorporates the use of costly headwalls to limit
impacts to Streams 3 and 4, and an arched span to avoid impacts to Stream 1.
On October 4, 2005, Mr. Barry Love of DWQ conducted an on-site visit. Mr. Love concluded
that the portion of Stream 2 affected by the proposed project is classified as intermittent, and
impacts thereto would not require mitigation by DWQ. Although the remaining on-site streams
were largely of poor quality, the affected portions of Streams 1, 3, 4 and 5, were classified as
perennial, and would require mitigation. Mr. Love further indicated that temporary impacts to
the on-site streams resulting from the sewerline crossings (NWP-12) would not require
compensatory mitigation, so long as the work was conducted in accordance with the applicable
WQC conditions, and the affected areas were restored to their original grade and contour.
Similarly, the USACE does not generally require mitigation for temporary impacts when the
affected areas are restored to pre-construction conditions.
We do not anticipate that our client will be required to provide additional compensatory
mitigation beyond the required payment to NCEEP, since avoidance and minimization efforts
have been undertaken in the planning process, and total impacts to waters of the U.S. from this
and previous phases of Cramer Woods are within the threshold of NWT-39.
Stormwater Management
The project as proposed does not require approval of a stormwater management plan by DWQ.
The subject property has been divided into 139 residential lots, ranging in size from 0.34 acre to
2.11 acre, with an average lot size of 0.58 acre. The proposed project will not result in
impervious surface of greater than 26 percent. Accordingly, DWQ does require site-specific
stormwater management, since the total impervious acreage of the site is less than 30 percent,
and there are no concentrated areas of impervious surface within the property.
10
Nationwide Permit 12 and 39 S&ME Project No. 1357-05-493-A
Cramer Woods Phase III January 26, 2006
By copy of this correspondence and completed PCN, we are requesting your concurrence with
this NWP 39 permit application. If we can provide additional information or answer questions
you may have, please feel free to contact us.
Sincerely,
S&ME, Inc.
er, P.W.S.
NA Resources Project Manager
Lisa J. Be om, C.E., C.W.B.
'-_6e -
Natural Resources Department Manager
Senior Review by Dane A. Horna, P.E., V.P.
JoL/DAH/LJB/j of
Attachments:
Pre-Construction Notification (PCN)
Letter of Authorization to Act as Agent
Figures I through 9
Site Photographs
Protected Species Assessment and copies of Agency Scoping Letters and responses
Acceptance letter from EEP
Check for $475.00 (DWQ)
C. Donnie Cann, CCH Residential Developers, Inc.
Don Smith, P.E., Robinson & Sawyer

Office Use Only: glPtt?(? % ?Y y Fonn Version March 05
SSC 6 6 6 0
USACE Action ID No. DWQ No.
(It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 12, 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ? N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ? N/A
IL Applicant Information
1. Owner/Applicant Information
Name: CCH Residential Developers, Inc.
Mailing Address: 1671 Upper Armstrong Ford Road
Belmont, NC 28012
Telephone Number: 704.825.9470 Fax Number: 704.829.7913
E-mail Address: n/a
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
3.
Name: Joey Lawler, P.W.S.
Company Affiliation: S&ME, Inc.
Mailing Address: 9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Telephone Number: 704-523-4726
E-mail Address: [e-mail]
Fax Number: 704-525-3953
Page 1 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cramer Woods - Phase III
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 204403,188675 and 189211
4. Location
County: Gaston Nearest Town: Gastonia
Subdivision name (include phase/lot number): Cramer Woods - Phase III (proposed)
Directions to site (include road numbers/names, landmarks, etc.): From NC highway 279
going east from Gastonia, turn right on huffstetler Road. Proceed approximately 0.5
mile. Property is the logged area on the left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.2161°N, 81.0934° W
6. Property size (acres): Approximately 88 acres
7. Name of nearest receiving body of water: UT of Catawba Creek, 11-130, Class C
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The majority of the subject property is comprised of recently-timbered land. The site
topography is generally gently-to-moderately sloping. Prior to logging activities at the
site, dominant canopy species included Northern red oak (Quercus rubra), sweetgum
Page 2 of 12
((Liquidambar styraciflua), sourwood (Oxydeudrunt arboreum), white oak (Q. alba), red
maple (Acer rubrum), American holly (Ilex opaca), and flowering dogwood (Corttus
florida). Dominant shrub and woody vine species include Chinese privet (Ligus&um
sinense), autumn olive (Elaeagnus u»tbellata) and greenbrier (Smilax rotuudifolia).
Various grasses comprise the sparse herbaceous ground layer.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project includes clearing and grading portions of the site to construct a
residential development, along with its associated infrastructure and amenities.
Construction of road crossings to provide access to portions of the property otherwise
isolated by on-site streams will result in impacts to approximately 1801f of perennial
stream and 112 if intermittent stream. Approximately 501f of perennial stream will be
temporarily impacted during construction of a sewerline to serve the property.
Industry-standard earth-moving equipment, such as trackhoes, dozers, trucks,
sidebooms, etc., will be used.
11. Explain the purpose of the proposed work:
The property will be developed as a residential community. Five streams dissect the
property. To provide vehicular access to portions of the site otherwise isolated by one
or more of the on-site streams, construction of four permanent access roads is
proposed. One of the access roads will be constructed across an intermittent,
unimportant portion of stream, while a second will completely avoid impacts to
another stream through use of an arched span. The remaining crossings will employ
extensive use of headwalls to limit stream impacts. The temporary stream impacts will
result from construction of a proposed sewerline to serve the residential community.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
S&ME conducted a jurisdictional delineation of the property on July 20 and 21, 2005.
Following completion of the fieldwork, a Jurisdictional Determination request, along with
representative data forms and supporting information, was submitted to your office. You
provided a Notification of Jurisdictional Determination on September 1, 2005 (Action ID
No. 200532680). The jurisdictional limits were subsequently surveyed and mapped by a
registered land surveyor, and the map submitted to your office and approved on November
21, 2005.
Page 3 of 12
On October 4, 2005, Mr. Barry Love of DWQ conducted an on-site visit. Mr. Love
concluded that the portion of Stream 2 affected by the proposed project is classified as
intermittent, and impacts thereto would not require mitigation by DWQ. The affected
portions of Streams 1, 3, 4 and 5 were classified as perennial, and would require mitigation.
Work previously conducted on an earlier phase of Cramer Woods was limited to two road
crossings and minor placement of fill material within wetlands. Impacts associated with
the previous work were limited to 1051f of perennial stream, 280 If of intermittent,
unimportant stream, and 0.005 acre of wetland. UASCE authorization for the work was
issued on February 20, 2002 (Action ID No. 200230432-33), and DWQ concurrence was
issued on February 27, 2002. The property upon which Phase III of Cramer Woods is
proposed was not owned by our client at the time the original NWP was issued.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
It is not anticipated that the proposed project will result in future impacts to jurisdictional
wetland and/or waters of the U.S., and will not require USACOE permits.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Phase III of Cramer Woods will result in permanent impacts to 180 If of perennial stream and
1121f of intermittent, aquatically-unimportant stream. Previous permanent impacts
associated with Phase I of the project were limited to 105 If of perennial stream, 280 If of
intermittent stream and 0.005 acre of wetlands. Cumulatively, project-wide, permanent
stream impacts associated with current and previous phases of Cramer Woods are 2851f of
perennial stream and 3921f of intermittent stream. No additional wetland impacts beyond
those associated with pervious phases (0.005 acre) will occur.
The proposed stream crossings are identified as follows:
Page 4 of 12
• Stream 1 Road Crossing: This road crossing is located along the eastern property
boundary, and will connect Phase III of the project to previous phases. The
crossing will be accomplished through use of an arched span, and will result in no
impacts to Stream 1. The arch will completely span the banks of Stream 1, and will
to be mitered to following bends in the stream.
Stream 2 Road Crossing: This crossing is located near the northwestern portion of the
property, and is required to access high ground otherwise isolated from the remainder
of the property by Streams 2 and 3. The portion of Stream 2 where the road crossing
will be located is classified as intermittent and aquatically-unimportant. Impacts to
Stream 2 resulting from the crossing are approximately 112 If.
• Stream 3'Road Crossing: This crossing is located in the north-central portion of the
property, and is required to access high ground otherwise isolated from the remainder
of the property by Streams 1 and 3. Through the use of headwalls on either side of the
crossing, impacts to Stream 2 will be limited to approximately 89 If, including a
required riprap apron at the culvert outlet.
Stream 4 Road Crossing: This crossing is located in the south-central portion of the
property, and is required to access high ground otherwise isolated from the remainder
of the property by Stream 4. Through the use of headwalls on either side of the
crossing, impacts to Stream 4 will be limited to approximately 91 If, including a
required riprap apron at the culvert outlet.
Temporary impacts associated with construction of a sewerline will be required to provide
sewer service to the proposed residential development. These temporary impacts are
authorized in accordance with NWP-12, and are limited to approximately 501f of perennial
stream. Additional sewerline crossings have been incorporated into the proposed road-
crossings, and will not result in impacts beyond those specified herein. The temporary
stream crossings not associated with a proposed road crossing are identified in the
appropriate table below, and depicted on Figure 9. These impacts are considered
temporary since the areas will be completely restored to their original grade and contour in
accordance with the applicable general, specific and regional conditions of NWT-12 and
WQC 2274.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within
100-year Distance to Area of
Site Number Type of Impact (e.g., forested, marsh,
Floodpl
ai ain . Nearest Stream Impact
(indicate on map) herbaceous, bog, etc.) (yes/ Gear feet) (acre)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acre) 0
Page 5 of 12
3. List the total acreage (estimated) of all existing wetlands on the property:
None
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
PERMANENT IMPACTS
Perennial or Average Impact Area of
Stream Impact ID Stream Name Type of Impact Intermittent? Stream Width Length Impact
Before Impact (linear feet) (acre)
Stream 2 (Figure 6) UT Culvert Intermittent 2 112 0.001
Stream 3 (Figure 7) UT Culvert Perennial 9 89 0.020
Stream 4 (Figure 8) UT Culvert Perennial 3 91 0.006
Tota l Permanent Stream Impact (by length and acreage) 292 0.027
TEMPORARY IMPACTS
Perennial or Average Impact Area of
Stream Impact ID Stream Name Type of Impact Intermittent? Stream Width Length Impact
Before Impact (linear feet) (acre)
Stream 1(Figure 9, UT Utility Line Perennial 12 10 .003
Inset 1)
Stream I (Figure 9, UT Utility Line Perennial 20 10 .005
Inset 2)
Stream 3 (Figure 9, UT Utility Line Perennial 8 10 .002
Inset 3)
Stream 4 (Figure 9, UT Utility Line Perennial 1 10 .001
Inset 4)
Stream 4 (Figure 9, UT Utility Line Perennial 2 10 .001
Inset 5)
Total Temporary Stream Impact (by length and acreage) 50 .012
Page 6 of 12
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc .
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.039
Wetland Impact (acres): 0.00
Open Water Impact (acres): 0.00
Total Impact to Waters of the U.S. (acres) 0.039
Total Stream Impact (linear feet): 342
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE. N/A
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: NIA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 12
The proposed project has been designed to avoid and minimize impacts to waters of the
U.S. to the maximum extent practical. While over 8,6001f of stream are located on Phase
III of the Cramer Woods development, use of headwalls and an arched span have allowed
the cumulative, project-wide impacts from this and previous phases to remain limited to
less than 3001f of perennial stream.
S&ME provided the Robinson & Sawyer with a list of conditions pursuant to the
applicable NWPs and the corresponding State General Water Quality Certifications.
Accordingly, Robinson and Sawyer have indicated that the project has been designed to
comply with the conditions specified therein, and construction activities at the site will be
conducted in accordance with the applicable conditions. No wastes, spoils, solids or fills
will be placed within wetlands, waters or riparian areas beyond the limits of those depicted
in this PCN application.
During construction, measures will be utilized to limit the impacts identified above. These
measures include: 1) the use of siltation barriers and sediment traps; 2) the use -of
barricades identifying construction limits such that unnecessary removal of mature trees
does not occur; 3) regular inspection and maintenance during construction; and 4) pre-
construction meetings.
The sewerline will be installed with no joints connected within the footprint of the stream
channel or within two feet of the stream banks, and placement of riprap will be restricted
to the stream bottom and banks directly impacted by placement of the sewerline. The
riprap will only be used below the ordinary high water level, and will not result in de-
stabilization of the stream bed or banks upstream or downstream of the crossing. The
sewerline will cross the subject streams at a near-perpendicular direction (between 75 and
105 degrees), and the width of the temporary construction corridor (ICE) at the crossings
has been limited to the minimum necessary to place the pipe, or approximately 10 feet,
whichever is less. Following construction, the stream cross-section will be restored to its
original grade and elevation. The proposed project will not result in permanent changes in
pre-construction elevation contours or stream dimension, pattern or profile. Excess
material will be removed to a high ground disposal area, and no fescue will be used in
reseeding the area.
Appropriate sediment and erosion control practices equaling those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual" will be required as part of the project specifications governing the proper design
to comply with appropriate turbidity water quality standards. Sediment and erosion
control measures placed in waters will be removed and the original grade restored within
two months after the Division of Land Resources has released the project. The proposed
work should not cause degradation of area water quality, and will not permanently restrict
or impede the passage of normal or expected high flows. Efforts will be made to perform
the work during periods of no or low flow.
Page 8 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/sti-mgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To adequately compensate for the unavoidable impacts described in this application,
our client plans to make the appropriate payment to the North Carolina Ecosystem
Enhancement Program (NCEEP). Based on the condition of the impacted streams, we
anticipate that mitigation will be required at a 1:1 ratio.
Impacts have been avoided and minimized to the maximum extent practicable.
Appropriate mitigation for the proposed project includes avoidance and minimization
procedures implemented during the design phase of the proposed project. The
proposed project involves impacting less than 3001f of perennial stream, and
incorporates the use of costly headwalls and an arched span to avoid or minimize
impacts associated with the crossings.' We do not anticipate that our client will be
required to provide additional compensatory mitigation since avoidance and
minimization efforts have been undertaken in the planning process, and total impacts to
waters of the U.S. are within the threshold of NWP-39.
Page 9 of 12
During his site visit, Mr. Love with DWQ indicated that temporary impacts to the on-
site streams resulting from the sewerline crossings (NWP-12) would not require
compensatory mitigation, so long as the work was conducted in accordance with the
applicable WQC conditions, and the affected areas were areas were restored to their
original grade and contour. Similarly, the USACE does not generally require
mitigation for temporary impacts when the affected areas are restored to pre-
construction conditions.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 285
Amount of buffer mitigation requested (square feet): Not Required
Amount of Riparian wetland mitigation requested (acres): Not Required
Amount of Non-riparian wetland mitigation requested (acres): Not Required
Amount of Coastal wetland mitigation requested (acres): Not Required
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes F] No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ? N/A
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 10 of 12
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify__------)? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation'by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba) N/A
2 N/A 1.5 N/A
Total N/A N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The project as proposed does not require approval of a stormwater management plan by
DWQ. The subject property has been divided into 139 residential lots, ranging in size from
0.34 acre to 2.11 acre, with an average lot size of 0.58 acre. The proposed project will not
result in impervious surface of greater than 26 percent. Accordingly, DWQ does not
require site-specific stormwater management, since the total.impervious acreage of the site
is less than 30 percent, and there are no concentrated areas of impervious surface within
the property.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will be served by municipal sanitary sewer.
Page 11 of 12
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://`h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
project as proposed will be constructed in compliance with the applicable general, specific
and regional conditions of NWP-12 and NWP-39. As such, cumulative and secondary
impacts are not anticipated.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that.may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
None
/, 2"&. d &
?re Date
(Agent's signature is va id only if an authorization letter from the applicant is provided.)
Page 12 of 12
Letter of Authorization
To Act as Agent
FILE No.274 01/25 '06 AN 1104 I D: ROB I NSON * SAWYER
*S&ME
ENGINEERING • TESTING
ENVIRONMENTAL SERVICES
Date: 3AtiVMX 2.4, 2DO4
Project Infonnation
FAX:[phone] PAGE. 2
LETTER OF AUTHORIZATION
TO ACT AS AGENT WITH THE
US ARMY CORPS OF fl,NCINEERS
S&ME Project Name: Cramer Woods Phase III
Type of Project: Nationwide Pennit
Location: Gaston County, North Carolina
Property Owner/Representative Information
Business Name: CC11 Residential Developers, Inc.
Mailing Address:
City, State, Zip Code: ? L/vsON7? A16-_.2-601-L- _
Telephone No.
Contact: A,
Agent Information
Business Name: S&ME, Inc.
__.....?..___ _ ........ ....... __._
Street Address: 9751 Southern Pine Boulevard
City, State, Zip Code: Charlotte, NC 28273
Telephone No. [phone]
Contact: Mr. Joey Lawler, P.W.S.
Authorization:_. on behalf of
(Contact Signature)
hereby authorize
(Name of Landowner or Representative)
S&ME, Inc. to act as agent for the above-mentioned project.
I %gMUT1B
?
a t )nill

far. ? Aberdeen Blvd Lowell
. North SaIrnont Q
..
U11 8rVd All
13
? _ McAdenv Ole
3

Owdnor Park v,)
E ?n iv1GAdenwllle R40
U
n Tcn4
6rc
i
-
arnson Blvd ' f Wasl. Cramorioia yw
f

C rarttarlc?n

?; ?i 5au11? ?3?1m4?
y
S
c- 1.

? ..
? t
Flmores C roes roads R
E *on ortown

4Z ??
??. ?, lsaradbsa I?crUrR
41e4 ?'?

a

Daniel

Botanical
y Gardon
v-
QLje%t cane Inc-
Source: MapQuest Website
Scale: As Shown SITE VICINITY MAP Figure

Checked by: LJB Cramer Woods - Phase I I I
Drawn by: JoL Q?vm
ENGINEERING TESTING
Gastonia, North Carolina 1
ENVIRONMENTAL SERVICES
Date: 1-18-06 Project No.: 1 357-05-493-A

?? 41
? I

= Limits of Current Phase Source: Topozone website 1997 Belmont NG USGS topographic n
?
¦ = Limits of Previous Phases 0 0.1 0.2 0.3 0.4 0.5 nu
Scale: As Shown USGS TOPOGRAPHIC MAP Figure
Checked by: LJB Cramer Woods - Phase III
Drawn by: JoL Gastonia, North Carolina 2
ENGINEERING TESTING
ENVIRONMENTAL SERVICES
Date: 01-19-06 Project No.: 1357-05-493-A

/mss = Perennial Stream
Scale: NTS
Checked by: LJB Ile 0
Drawn by: JoL
ENGINEERING TESTING
ENVIRONMENTAL SERVICES
Date: 1-18-06
DENR - WATER QUALITY
2002 AERIAL PHOTOGRAPH
Cramer Woods - Phase III
Gastonia, North Carolina
Project No.: 1357-05-493-A
Figure
3
- ? - = Intermittent, Aquatically Unimportant Stream y S 1 2006
4W!
?•.' ? 1 x

A-V
? 1!"i
S? - 5'?
, ?.'7^, :7?`?" ,y' ?: a '.: 'l? •?" ?
.

/ ? ? iii ??a?'4 P .
???
•
~
/ ? ?At.1 ?. .yr
l--.i
!
:?R?
oto 2: View of Stream
ti

:mss -
?.r
?r

J 'i 1Y
_. ?yl f 1. ??rL 4 ?.t •?S q.n. i7 "i R
S
diNt
' .d. '! tit
?fAn k
: d•i A
.
? r "'h .. s-
+
?
li
vAi• r l r .-

Y A U

Photo 5: View of Stream 4. Photo 6: View of Stream 5.
Taken by: JoL SITE PHOTOGRAPHS
&M 0 Cramer Woods - Phase I I I
Checked by: LJB
WMI Gastonia, North Carolina
Date: 12-18-2005 ENGINEERING TESTING
ENVIRONMENTAL SERVICES Project No.: 1357-05-493-A
Photo 4: View of Stream 3.
Protected Species Assessment,
Copies of Agency Scoping Letters
and Responses
S&ME
September, 19, 2005
Cann Builders, Inc.
1671 Armstrong Ford Road
Belmont, North Carolina 28012
Attention: Donnie Cann, President
Reference: Protected Species Assessment
Cramer Woods - Phase III
Gastonia, North Carolina
S&ME Project No. 1357-05-493-A
Dear Mr. Cann:
S&ME, Inc. (S&ME) is pleased to submit the results of the Protected Species Assessment
i recently perfonmed on a proposed development site located in Gaston County, North Carolina
(Figure 1). This work was performed in accordance with S&ME Proposal No. 1357-15567-05,
dated August 24, 2005. The opinions included in this report are based on the information
obtained during the study and our professional experience.
The property consists of all or portions of Gaston County Tax Parcel Nos. 204403, 188675 and
189211, and is identified as Cramer Woods - Phase III. The property totals approximately 88
acres, and is generally located east of Huffstetler Road and west of Phases I and II of Cramer
Woods, in the Town of Gastonia, Gaston County, North Carolina (35.2161'N, 81.0934° W).
The property is depicted on portion of the Belmont, N.C. US GS topographic quadrangle, dated
1997 (Figure 2), and a 2002 aerial photograph (Figure 3).
SSME, Inc. [phone]
9751 Southern Pine Blvd. [phone] fax
Charlotte, North Carolina 28273-5560 www.smeinc.com
Protected Species Assessment
Cramer Woods - Phase III
S&ME Project No. 1357-05-493-A
September 19, 2005
Endangered and threatened species are protected under the Endangered Species Act (ESA) of
1973 (16 USC 1531-1543). Endangered species are defined as those plants and animals whose
prospects of survival are in immediate danger. Threatened species are those species that may
become endangered if conditions related to their existence continue to deteriorate (e.g., loss of
suitable habitat). According to information provided by Robinson & Sawyer, Inc., we
understand that the subject property is proposed for development as a residential subdivision.
The purpose of this protected species review and vegetative communities assessment is to
evaluate whether current site conditions are suitable for those protected terrestrial species (plants
or animals occurring on land) whose presence may be currently or historically documented in
Gaston County, to determine if those species known to occur in the vicinity of the proposed
project area are present at the time of field review, and to provide a general description of
vegetative communities identified within the subject property.
Scope of Services
S&ME's review of potential protected terrestrial species habitat and vegetative. communities in
the subject property consisted of two tasks. Task l entailed a review of existing records obtained
from state sources to identify documented records of protected species within the subject
property. The North Carolina Natural Heritage Program (NCNHP) online database was
consulted for a listing of protected species documented within Gaston County, North Carolina.
Task 2 involved a literature and field review of the proposed project area to identify areas that
may provide potential habitat for the protected terrestrial species identified during Task 1. Task
2 included a review of topography, drainage features, soil types, level of disturbance, and plant
community types.
2
Protected Species Assessment S&ME Project No. 1357-05-493-A
Cramer Woods - Phase III September 19, 2005
Study Methods
i
S&ME reviewed the NCN IP database for records of protected species within Gaston County,
North Carolina. The purpose of the search was to identify documented occurrences of protected
species located within this county. Listed species and their respective Federal and State status
are identified in Table 1. Explanations of Federal and State rankings are included at the end of
the table.
Additionally, S&ME personnel reviewed available supporting information including the
Belmont, N.C. USGS Topographic Quadrangle. During field reconnaissance, S&ME personnel
integrated the information obtained from this supporting documentation with field evaluation for
the presence of protected terrestrial species or potential protected terrestrial species habitat.
Portions of the subject property that matched descriptions of preferred habitat for protected
terrestrial species listed in Table 1 were classified as potential habitat for protected terrestrial
species. An assessment of potential habitat for protected terrestrial species in the subject
property was conducted by performing a field review on September 6, 2005.
Existing Conditions and ]habitat Characterization
S&ME conducted an inventory of existing site conditions and dominant vegetative community
types in the subject property. Photographs of the subject property are included as an attachment
3
= Species of Special Concern
Protected Species Assessment
Cramer Woods - Phase III
S&NM Project No. 1357-05-493-A
September 19, 2005
to this report. Vegetative communities in the subject property were distinguished by plant
species, location in the landscape, past disturbances and hydrologic characteristics.
At the time of the field review, the majority of subject property was comprised of recently-
timbered land that previously consisted of mature woodland. The timbered areas contained large
amounts of coarse woody debris and fallen trees. Areas containing younger trees had not been
timbered. The site topography is generally gently-to-moderately sloping.
Remaining canopy species within the property included Northern red oak (Quercus rubra),
sweetgum (Liquidanzbm- styraciflua), sourwood (Oxydendrznn arboreuni), white oak (Q. alba),
red maple (Acer rubrum), American holly (Ilex opaca), and flowering dogwood (Corpus
florida). Dominant shrub and woody vine species include Chinese privet (Ligustrunz shzense),
autumn olive (Elaeagnus unzbellata) and greenbrier (Snzilax rotundifolia). Various grasses
comprised the sparse herbaceous ground layer.
An active sewerline right-of-way (R/W) is located near the eastern property boundary.
Vegetation observed in this area included chickweed (Stellaria media), goldenrod (Solidago sp.),
dog fennel (Etcpatoriznzz Capillifoliunz), partridge pea (Cassia fasciculata), red clover (THfoliunt
pratense), broomstraw (Andropogozz sp.), groundsel tree (Baccharis halinzifolia) and saplings of
sweetgum, tulip tree (Liriodendron tulipifera) and red maple.
Protected Fauna
The NCNBP database identified two federally protected animal species with a documented
population within Gaston County, as identified in Table 1. A habitat assessment was conducted
on September 6, 2005 for the two species listed as having current populations in Gaston County.
A description of these species, and typical habitat associated with each species are provided
below.
4
Protected Species Assessment
Cramer Woods - Phase III
S&ME Project No. 1357-05-493-A
September 19, 2005
Bald eagle - Federally Listed Threatened, State Listed Threatened
BIOLOGICAL CONCLUSION: NO EFFECT
The bald eagle is associated with coasts, rivers, and lakes, usually nesting near large bodies of
water where it feeds. Nesting habitat in the Carolinas usually occurs in large pine trees along the
edge of large bodies of water. The bald eagle is listed as a current record for Gaston County.
The proposed project is not expected to impact large bodies of water in Gaston County and
should not impact the bald eagle or its habitat.
Boa turtle Federally Listed Threatened. State Listed Threatened
BIOLOGICAL CONCLUSION: NO EFFECT
The bog turtle is a habitat specialist and is most commonly found in bogs, swamps, and wet
meadows with grassy cover and full sunlight. This turtle often burrows in the mud and is
considered an elusive species that may be difficult to find. No areas resembling the habitat
requirements for this species were observed in the study area.
Protected Flora
The NCNBP webpage identified four federally or state protected plant species with a
documented population within Gaston County, as identified in Table 1. A habitat assessment
was conducted on September 6, 2005 for the four plant species listed as having populations in
Gaston County. A description of these species, and typical habitat associated with each species
are provided below.
Schiveinita's sunflower- State Listed Endangered. Federally Listed Endangered
BIOLOGICAL CONCLUSION: NO EFFECT
Schweinitz's sunflower is a perennial herb in the aster family that generally grows up to 1.5
meters in height. This plant has tuberous roots, with each stem attached to a single tuberous root.
The stems are scabrous and generally reddish in color. The leaves are soft pubescent below and
5
Protected Species Assessment
Cramer Woods - Phase III
S&ME Project No. 1357-05-493-A
September 19, 2005
scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish.
Schweinitz's sunflower blooms during the month of September. The habitat of Schweinitz's
sunflower is open woods, roadsides, and powerline R/Ws, often on basic soils with bare spots or
a gravel component. The preferred sites are characterized by abundant sunlight and little
competition in the herbaceous layer.
The property does not contain suitable habitat for Schweinitz's sunflower. The existing
sewerline R/W, which on some sites may be considered appropriate habitat for Schweinitz's
sunflower, was dominated by invasive species. No individuals of Schweinitz's sunflower were
observed during field review. Accordingly, potential future development of the property is not
expected to impact this species.
Results
No protected species were observed during field review, and no appropriate potential habitat for
protected species was observed is the subject property. The sewerline R/W, which may be
considered appropriate habitat for Schweinitz's sunflower and Georgia aster in some instances,
was dominated by invasive vegetation that is not consistent with species typically associated
with appropriate habitat for protected species. Accordingly, the proposed project is not
anticipated to adversely impact protected species or potential protected species habitat in the
subject property.
In surimiary, a review of protected species known to occur within Gaston County, North Carolina
identified two species of fauna and four species of flora. The proposed project area was field-
reviewed for the presence of the terrestrial species. No protected species were observed during
field review.
6
Protected Species Assessment
Cramer Woods - Phase III
S&ME Project No. 1357-05-493-A
September 19, 2005
We hope that this letter addresses concerns you may have regarding the potential for impacts to
protected species in the subject property. Should you have any questions or require additional
information, please feel free to contact us at 704.523.4726.
Sincerely,
S&A'gE, Inc.
q 6e
Na alwlerResources Project Manager
Lisa J. Beckstr , C.E., C.W.B.
Natural Resources Department Manager
JoLJLJB/jol
Attachments: Figure l: Site Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: 2002 Aerial Photograph
Photographs of Existing Site Conditions
CC. Don Smith, P.E.
Robinson & Sawyer, Inc.
7
41
i 4? L11?'-YREP+k - a rp 3 : Y .?
- X [{7h"??fi1 s# 1 1 c?$f 1`? _ 711 t ?{?W Il k?
r< 4?
,j 1?
17:
''1'? ?5--•1{{ ?y,f a. u?'*iv"?- ?? ?"?t ?5???'a r I - ` .a 'l? ,"' ? -l?Sb? 'a.,,j R C
_OX
f
?or??Y
-a fft.• '4?:11'',L?'= fi -? ?f-.l..f r _. ''nib q?- sc o i J?' ??'rjv' A 1K
U-J I r ?, t
Souree: MapQuest Website
Scale: As Shown SITE VICINITY MAP Figure
Checked by: UB Cramer Woods - Phase III
Drawn by: JoL 1
ENV oNhteNiAi s a ncN s Gastonia, North Carolina
Date: 09-06-05 Project No.: 1 357-05-493-A
I
153-
LWts..of:Subject Property.
? _ " , . .Park
t2a
i

I IN
,k'%

T.1 1:.
I, 6i. X I " A
TI IN
"; i E a
R
'
Source: Topozone website 1997 Belmont NC USES topographic map
0 0.1 0.2 0.3 0.4 0.5 M1
Scale: As Shown USGS TOPOGRAPHIC MAP Figure
Cramer Woods -Phase III
Checked by: LJB
Drawn by: JoL Gastonia, North Carolina 2
ENVIMINMEN AL S SERVICES N S
Date: 09-6-06 Project No.: 1357-05-493-A

by.
..::ENVIRONM NTAL S VICN.ESS
KDate:
2002 AERIAL PHOTOGRAPH Figure
Cramer Woods - Phase III
Gastonia, North Carolina 3
Project No.: 1357-05-493-A
Photo..3: Typical view of timbered area..
Photographs of Existing Site Conditions- Gastonia, NC 9.06.05
Cramer Woods - Phase III S&ME Project No. 1357-05-493-A
Photo;.1: Typical view of timbered area..
Photo 2:.Typica] view of timbered area.
Photo 6: Typical view of sewerline RM.
Photo 5: Typical view of Seweriine RM.
Michael F. Easley, Govemor
September 12, 2005
Mr. Joey Lawler
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte. NC 28273-5560
William G. Ross Jr., Secretary
Subject: Development of Residential Subdivision - Cramer Woods, Phase III Property; Gaston
County
S&ME Project No. 1357-05-493-A
Dear Mr. Lawler:
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within a mile of the project area. Although our maps do not
show records of such natural heritage elements in the project area, it does not necessarily mean
that they are not present. It may simply mean that the area has not been surveyed. The use of
Natural Heritage Program data should not be substituted for actual field surveys, particularly if
the project area contains suitable habitat for rare species, significant natural communities, or
priority natural areas.
You rriay wish to check the Natural Heritage Program database website at
<w?.vw.ncsparlcs.net/nhp/search.html> for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to
contact me at 919-71-8697 if you have questions or need further information.'
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 OnIehCa1CaIOL1Il
Phone: [phone] - FAX: [phone] • Internet: www.enr.state.nc.us Noft oHna
An Equal Opportunity • AfrmaOve Action Employer -50 % Rec(cled • 10 % Post Consumer Paper
i
SENT OF T
United States Department of the Interior
? O
FISH AND WILDLIFE SERVICE
?4RCH tea9 Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
October 6, 2005
Mr. Joey Lawler
Natural Resources Project Manager
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Dear Mr. Lawler:
Subject: Site Assessment for the Construction of Cramer Woods Subdivision - Phase HI,
Located East of Huffstetler Road, Southeast of Gastonia, in Gaston County, North
Carolina (S&ME Project No. 1357-05-493-A)
In your letter dated September 6, 2005, you requested our continents on the subject project. We
have reviewed the information you presented and are providing the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
Project Description - According to the information provided, Phase III of Cramer Woods will
be built on an 87.5-acre parcel that was heavily wooded but has recently been logged. An
unnamed tributary to Catawba Creek is located in the eastern portion of the property. Although
no impacts to the stream are listed in your letter, we assume there will be impacts to the stream
because the developer is applying for a nationwide permit from the U.S. Army Corps of
Engineers.
Federally Listed Species - According to our records, no listed species or their habitats occur on
the site. We do not believe the proposed project will affect endangered or threatened species or
their habitats; therefore, the requirements under section 7 of the Act are fulfilled. However,
obligations under section 7 of the Act must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered,. (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action.
Fish and Wildlife Resources - We are concerned about the direct, secondary, and cumulative
impacts to the unnamed tributary to Catawba Creek and forested areas on the subject property.
Therefore, we recommend the following measures to help minimize project impacts:
The treatment of storm water leaving the project area and the maintenance of
adequate riparian buffers are of particular concern. Without proper planning,
this development will create more impervious surfaces (such as roofs, roads,
and parking lots), which collect pathogens, metals, sediment, and chemical
pollutants and quickly transmit them to receiving waters. We recommend the
use of grassed swales in place of curb and gutter and on-site storm-water
management (i.e., bioretention areas) that will result in no net change in the
hydrology of the watershed. All storm-water outlets should drain through a
vegetated upland area prior to reaching any stream or wetland. Sufficient
retention designs should be implemented to allow for the slow discharge of
storm water, attenuating the potential adverse effects of storm-water surges;
thennal spikes; and sediment, nutrient, and chemical discharges.
2. Given the close proximity of this project to aquatic resources and the increased
amount of impervious surfaces that will result from the development, we are
concerned about the loss and lack of riparian buffers. We recommend that
forested riparian buffers be created and/or maintained along all aquatic areas.
These buffers should be a minimum of 100 feet wide along perennial streams
and 50 feet wide along intermittent streams. Riparian buffers provide travel
corridors and habitat for wildlife displaced by development. In addition,
riparian buffers protect water quality by stabilizing stream banks, filtering
storm-water runoff, and providing habitat for aquatic and fisheries resources.
3. Stringent measures to control erosion and sediment should be installed and.
maintained in order to prevent unnecessary impacts to aquatic resources within,
and downstream of, the project site. Frequent maintenance of these devices is
critical to their proper function in order to minimize sediment discharge from
the project site. Perimeter erosion-control devices should be installed prior to
any on-the-ground activities.
4. We recommend the use of bridges for all permanent roadway crossings of
streams and associated wetlands because they minimize impacts to aquatic
resources, allow for the movement of aquatic organisms, and eliminate the
need to fill and install culverts. All stream crossings should be made
perpendicular to the stream. If culverts are the only option, we suggest using
bottomless culverts. Bottomless culverts do not need to be buried, thereby
minimizing the adverse impacts to streams. Any type of culvert that is used
should be designed to allow for the passage of fish and other aquatic life. The
culvert should be sized to accommodate the movement of debris and bed
material within a channel during a bank-full event. We recommend the use of
multiple barrels (other than the base-flow barrel), placed on or near stream
2
bank-full or floodplain bench elevation, in order to accommodate floodwaters
within the stream corridor. These should be reconnected to floodplain benches
as appropriate. This may be accomplished by using sills on the upstream end
to restrict or divert flow to the base-flow barrel(s). Sufficient water depth
should be maintained in the base-flow barrel during low flows to accommodate
fish movement. If the culvert is longer than 40 linear feet, alternating or
notched baffles should be installed in a manner that mimics the existing stream
pattern. This should enhance the passage of aquatic life by: (a) depositing
sediment in the barrel, (b) maintaining channel depth and flow regimes, and
(c) providing resting places for fish and other aquatic organisms.
5. We recommend that sewer lines, water lines, and other utility infrastructures be
kept out of riparian buffer areas. All utility crossings should be kept to a
minimum, which includes careful routing design and the combination of utility
crossings into the same right-of-way (provided there is not a safety issue). The
directional bore (installation of utilities beneath the riverbed, avoiding impacts
to the stream and buffer) stream-crossing method should be used for utility
crossings. Manholes or similar access structures should not be allowed within
buffer areas. Stream crossings should be near perpendicular to stream flow and
should be monitored at least every 3 months for maintenance needs during the
first 24 months of the project and annually thereafter. Sewer lines associated
with crossing areas should be maintained and operated at all times to prevent
discharges to land or surface waters. We recommend a minimum 50-foot
setback on all streams, lakes, and wetlands for these structures, which is in line
with the recommended buffer widths. In circumstances where minimum
setbacks cannot be attained, sewer lines shall be constructed of ductile iron or a
substance of equal durability.
6. Equipment should not be operated in the stream unless absolutely necessary.
Equipment should be operated from the banks in a fashion that minimizes
disturbance to woody vegetation. Equipment should be inspected daily and
should be maintained to prevent the contamination of surface waters from
leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels,
lubricants, and other toxic materials should be stored outside the riparian
management area of the stream, in a location where the material can be
contained. Equipment should be checked for leaks of hydraulic fluids, cooling
system liquids, and fuel and should be cleaned before fording any stream.
Also, all fueling operations should be accomplished outside the riparian
management area.
On February 6, 1990, the Department of the Army and the U.S. Environmental Protection
Agency signed a memorandum of agreement (MOA) that established the procedures to
determine the type and level of mitigation necessary to comply with the Clean Water Act Section
404 (b)(1) Guidelines. This MOA provides for: (1) avoiding impacts to waters and wetlands
through the selection of the least damaging and most practical alternative, (2) taking appropriate
and practical steps to minimize impacts on waters and wetlands, and (3) compensating for any
remaining unavoidable impacts to the extent appropriate and practical. If an alternatives analysis
confirms that impacts to the stream are unavoidable, we propose the establishment of the
following mitigation measures in order to provide a sufficient compensation for all unavoidable
impacts:
As a general rule, we recommend that all direct impacts to wetlands and
streams be mitigated with the restoration of comparable on-site streams and
wetlands at a ratio of at least 2:1. We recommend that an in-kind on-site
mitigation plan be considered to offset any impacts to the stream. If an in-kind
on-site mitigation plan cannot be established for the wetland and stream
impacts, then we recommend an in-kind off-site mitigation plan be created.
2. If an in-kind on-site mitigation plan cannot be provided and a buy-in to the
North Carolina Ecosystem Enhancement Program becomes necessary for
mitigation of the aquatic impacts, we recommend that the restoration ratio
of 2:1 be used to calculate the payment amount.
At this stage and without more specifics about construction locations or techniques, it is difficult
for us to fully assess the potential environmental impacts (direct, indirect, secondary and
cumulative) of this project. We therefore recommend that any environmental document prepared
for this project include the following (if applicable):
A detailed analysis of stream and wetland impact areas and locations,
particularly the locations of stream crossings and the construction techniques
proposed for stream crossings within the project area. Plans for all proposed
impact areas should include a complete analysis and comparison of the
available construction techniques and alternatives (including a no-build
alternative).
2. Information from all surveys and assessments, including the acreage and a
description of the wetlands that will be filled or impacted and the extent (linear
feet as well as discharge) of any water courses that will be impacted as a result
of the proposed project. A description of any streams should include the
classification (Rosgen 1995, 1996) and a description of the biotic resources,
and any wetlands affected by the proposed project should be mapped in
accordance with the Fede1-al Manual for Identifying and Delineating
Jurisdictional Wetlands.
3. A description of the fishery and wildlife resources within existing and required
additional rights-of-way and any areas, such as borrow areas, that may be
affected directly or indirectly by the proposed project.
4. An assessment of all expected secondary and dumulative environmental
impacts associated with this proposed work. The assessment should specify
4
the extent and type of development proposed for the project area once the work
is complete and how future growth will be maintained and supported with
regard to sewer lines, water lines, parking areas, and any proposed roadways.
5. A discussion about the extent to which the project will result in the loss,
degradation, or fragmentation of wildlife habitat from direct construction
impacts and from secondary development impacts. The acreage and location
of upland habitat, by cover type, that will be eliminated because of the
proposed project must be noted.
6. Mitigation measures that will be employed to avoid, eliminate, reduce, or
compensate for habitat value losses (wetland, riverine, and upland) associated
with any phase of the proposed project.
We appreciate the opportunity to provide these comments. If we can be of assistance or if you
have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at
828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference
out Log Number 4-2-05-416.
Sincerely,
rian P. Cole
Field Supervisor
cc:
Ms. Amanda D. Jones, Asheville Regulatory Field Office, U.S. Army Corps of Engineers,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006
5
?q?' ati ?1Fo
quv?
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administmar
Michael F. I asky, Govemor Office of Archives and I-ristary
i.isbeth C. Eswans, Secretnry Division of Historical Resouicts
Jeffrcl• J. Crow, Dcpury Sccrctary David Brook, Director
September 26, 2005
Joey Lawler
S&ME, Inc. .
9751 Southern Pine Boulevard
Charlotte, NC 28273-5560
Re: Cramer Woods - Phase III Property, S&.ME Project 1357-05493-A, Gaston County, ER 05-2093
Dear Mr. Lawler:
Thank you for your letter of September 2, 2005, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources which would
be affected by the project. Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant fo Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill.-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above referenced traddugnumber.
Sincerely,
-'6- eitcF 1? . "-
Peter Sandbeck ,

Location Mailing Address Tel
ADMINISTRATION 5117 N. Blount Stmct, Raleigh NC 4617 Marl Senice Cenmr, Raleigh NC 27699-4617 (911
RESrORATION 515 N. Blount Strict, Raleigh NC 4617 Mwil Scnire (.enter, Raleigh NC276I.V 4617 (91S
SURVEY & PLANNING 515 N. Blount Strict, Raleigh, NC 4617 Mail 'mice Cantcr, Raleigh NC 2709 4617 (919
l'll-il-• U'b 11; 1L rtSUt'J-1J1~lVl? J;>rt" JIU(IU441D 1 r'2.) i ell. U Uru
a
ftm- rb??
men
PROGRAM
September 14, 2005
Joey Lawler
S&ME. Inc.
134 Suber Road
Columbia, SC 29210
Project: Cramer Woods, Phase III County: Gaston
The purpose of this letter is to notify you tbar. the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC ERP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification tivithin this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation arc summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone I Zone 2
Unit . (Sq. Ft.) (Sq. FL)
Ri Arian Non-Riparian Coastal Marsh cold cool alarm
Catawba 0 0 0 0 0 300 .0 0
03050102
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers. Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
midgation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CA 4A Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the V. S. Army Corps of Engineers dated November 4, 1998,
If you have any questions or need additional information, please contact Carol Shaw at [phone].
S' cerely,
-? . X11
am 7.Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USAGE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
p4l;iv ' ti" Ow fta&
ru'?5- -Pg/U"--. Pro
I?CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0475 / www.neeep.net
7
TE
SOURCE: BASE MAP PREPARED BY ROBINSON & SAWYER
MODIFIED BY S&ME FOR NWP APPLICATION
HORSEMAN DRIVE "AKA' (FAIRWAY DRIVE) (80' PUBW R/Yn
? N 2520 Wit I
w w
35
co??w cv
4
SITE VICINITY MAP ?- o
a 0.72
a ?p
/ ?p INS 4- .„e
O
n
r<
a M
O me
O
O S ` FI6UR SET
O
o -
do.
0
o ?-
O ? oo w
O n
GLENMOOR COURT .. O ~
60' PUBLIC RA
SEE FIGURE 8
O
o
?_ ASR' `vL'• 1 l,'
V . \w `
SCALE: DATE:
NTS 1.12.06
PROJECT NO. DRAWN BY-
1357-05-493A SEE ABOVE
CHECKED BY. WWW.SMEINC.COM
SEE FIGURE
INSET
/j

10' PERMANENT SANRARY SEWER
AND GENERAL UTILRY EASEMENT
PER PLAT BOOK 82, PAGE 72
AND PLAT BOOK 82, PAGE 73
SITE MAP
CARMER WOODS - PHASE III
GASTONIA, NC
FlGURE NO.
4
SCALE:
1" = 20,
PROJECT NO.
i 1357-05-493A
DATE:
1.12.06 9751 SOUTHERN PINE elw.
DRAWN BY: CHARLOTTE NC. 28273
PH. 704-523-4726
SEE ABOVE FAX [phone]
MECKED BY. WWW.SMEINC.COM
STREAM 2 ROAD CROSSING FIGURE NO.
CRAMER WOODS - PHASE III 6
GASTONIA, NC
/ BASE MAP PREPARED BY ROBI SON & SAWYER
MODIFIED BY S&ME FOR NWP A PLICATION

1 " = 201
PROJECT NO.
1357-05-493A
DATE
1.12.06 Idep
BY:
SEE ABOVE
9751 SOUTHERN PINE BLVD.
CHARLOTTE, NC. 26273
PH. 704-523-4726
FAX [phone]
WWW.SMEINC.COM

STREAM 3 IMPACTS =/89 LF
JAN
HP - ?'?3r? r
AArrj? °'?Quglfly
at?RBRq?H

STREAM 3 ROAD CROSSING
CRAMER WOODS - PHASE III
GASTONIA, NC

FIGURE NO.

BASE MAP PREPARED BY ROBINSON & SA
MODIFIED BY S&ME FOR NWP APPLICATION
A7
I
J
r
DATE:-
1" = 20' 1.12.06
IECT NO. DRAYM BY.
1357-05-493A SEE ABOVE

9751 SOUTHERN PINE BLVD.
CHARLOTTE. NC. 28273
PH. 704-523-4728
FAX [phone]
WWWSME1NC.COM
O
JA?I? 3
•'? rlSlagS,iyD `S gvViTEp ??
STREAM 4 IMPACTS = 91 LF
STREAM 4 ROAD CROSSING
CRAZIER WOODS - PHASE III
GASTONIA, NC
FIGURE NO.
8
ki CROSS INS
WATERS OF THE US
?
JA N 3 /oc
DENS ? Ndgt?k ,
AND ST tiM4TE,III q
INSET 3
SCALE
125'
PROJECT NO.
1357-05-493A
INSET 1
DAZE:
1.12.06
)RAWN BY:
SEE ABOVE
N SET 4
esm 9751 SOUTHERN PINE BLVD.
CHARLOTTE, NC. 28273
PH. 704-520.2 28
FAX. [phone]
WWW.SMEINC.COM
NSET 2
INSET 5 BASE MAP PREPARED BY ROBINSON & SAWYER
MODIFIED BY S&ME FOR NWP APPLICATION
SEWER CROSSING LOCATIONS FlGURE NO.
CRAMER WOODS - PHASE III
GASTONIA, NC
F7
7
TE
SOURCE: BASE MAP PREPARED BY ROBINSON & SAWYER
MODIFIED BY S&ME FOR NWP APPLICATION
HORSEMAN DRIVE "AKA' (FAIRWAY DRIVE) (80' PUBW R/Yn
? N 2520 Wit I
w w
35
co??w cv
4
SITE VICINITY MAP ?- o
a 0.72
a ?p
/ ?p INS 4- .„e
O
n
r<
a M
O me
O
O S ` FI6UR SET
O
o -
do.
0
o ?-
O ? oo w
O n
GLENMOOR COURT .. O ~
60' PUBLIC RA
SEE FIGURE 8
O
o
?_ ASR' `vL'• 1 l,'
V . \w `
SCALE: DATE:
NTS 1.12.06
PROJECT NO. DRAWN BY-
1357-05-493A SEE ABOVE
CHECKED BY. WWW.SMEINC.COM
SEE FIGURE
INSET
/j

10' PERMANENT SANRARY SEWER
AND GENERAL UTILRY EASEMENT
PER PLAT BOOK 82, PAGE 72
AND PLAT BOOK 82, PAGE 73
SITE MAP
CARMER WOODS - PHASE III
GASTONIA, NC
FlGURE NO.
4
SCALE:
1" = 20,
PROJECT NO.
i 1357-05-493A
DATE:
1.12.06 9751 SOUTHERN PINE elw.
DRAWN BY: CHARLOTTE NC. 28273
PH. 704-523-4726
SEE ABOVE FAX [phone]
MECKED BY. WWW.SMEINC.COM
STREAM 2 ROAD CROSSING FIGURE NO.
CRAMER WOODS - PHASE III 6
GASTONIA, NC
/ BASE MAP PREPARED BY ROBI SON & SAWYER
MODIFIED BY S&ME FOR NWP A PLICATION

1 " = 201
PROJECT NO.
1357-05-493A
DATE
1.12.06 Idep
BY:
SEE ABOVE
9751 SOUTHERN PINE BLVD.
CHARLOTTE, NC. 26273
PH. 704-523-4726
FAX [phone]
WWW.SMEINC.COM

STREAM 3 IMPACTS =/89 LF
JAN
HP - ?'?3r? r
AArrj? °'?Quglfly
at?RBRq?H

STREAM 3 ROAD CROSSING
CRAMER WOODS - PHASE III
GASTONIA, NC

FIGURE NO.

BASE MAP PREPARED BY ROBINSON & SA
MODIFIED BY S&ME FOR NWP APPLICATION
A7
I
J
r
DATE:-
1" = 20' 1.12.06
IECT NO. DRAYM BY.
1357-05-493A SEE ABOVE

9751 SOUTHERN PINE BLVD.
CHARLOTTE. NC. 28273
PH. 704-523-4728
FAX [phone]
WWWSME1NC.COM
O
JA?I? 3
•'? rlSlagS,iyD `S gvViTEp ??
STREAM 4 IMPACTS = 91 LF
STREAM 4 ROAD CROSSING
CRAZIER WOODS - PHASE III
GASTONIA, NC
FIGURE NO.
8
ki CROSS INS
WATERS OF THE US
?
JA N 3 /oc
DENS ? Ndgt?k ,
AND ST tiM4TE,III q
INSET 3
SCALE
125'
PROJECT NO.
1357-05-493A
INSET 1
DAZE:
1.12.06
)RAWN BY:
SEE ABOVE
N SET 4
esm 9751 SOUTHERN PINE BLVD.
CHARLOTTE, NC. 28273
PH. 704-520.2 28
FAX. [phone]
WWW.SMEINC.COM
NSET 2
INSET 5 BASE MAP PREPARED BY ROBINSON & SAWYER
MODIFIED BY S&ME FOR NWP APPLICATION
SEWER CROSSING LOCATIONS FlGURE NO.
CRAMER WOODS - PHASE III
GASTONIA, NC
F7