HomeMy WebLinkAbout20060908 Ver 1_Complete File_20060530
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Mr. Neil Faison
121 West Trade St., Suite 250
Charlotte, NC 28202
Subject: YMCA, Waters Edge Project
,4lchael I•. tsasley, liovernor
William G. Ross Jr., Secretary
North Carolina Department of Fnvironmcnt and Natural Resources
Alan W. Klimek, P.1 . Director
Division of Water Quality
F@NOWIAN
AUG 0 8 2006
DENR - WATER QUAUTY
WEIINHNANDSTORWM Bt BRANCH
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Faison:
August 4, 2006
DWQ# 06-0908
Gaston County
You have our approval, in accordance with the attached conditions and those listed below, to impact
137 linear feet (If) of an unnamed tributary to the Catawba River in order to construct a sewer line in Gaston
County, as described in your application received by the Division of Water Quality (DWQ) on May 30, 2006.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3374, which can be viewed on our web site at http://h2o.enr.state. nc. us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 12 once it is 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. 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.
3. The planting of n,'Jive vegetation and other soft stream bank 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 streambed, unless approved by the DWQ.
4. 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.
5. Continuing Compliance. The applicant (Mr. Neil Faison) 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
Onc
North Carol i na
Naturally
North Carolina Division of Water Quality 610 Fast Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: nmaterquality.org PAX (704) 663-6040 1-877-623-6748
An Equal opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P. E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Chris Estes
Triage Check List
Date: 7/10/06 Project Name: Waters Edge Gaston Gateway
DWQ#: 06-0908
County: Gaston
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 7/06/06 - 9/04/06
From: Cyndi Karoly Telephone : (919) 733-9721
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!
Estes Design Inc.
Environmental Design & Consulting
June 15, 2006
Mr. John Domey
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
Subject: Request for additional information - DWQ Project (# 06-0908,
Waters Edge / Gaston Gateway, YMCA Dr. Mt. H y
NWP 12 Application for 77- acre site
Gaston Co. N.C
Dear Mr. Dorney,
I have enclosed a Revised PCN Form requesting a WQC # 3374 for NWP 12 in the
Catawba River Basin. The Items of additional information that were requested are also
denoted in the original "report document" and original exhibits. A revised "page 5" of
the "report document" is also attached.
I have sent seven copies via certified mail for your use.
You may send me an e-mail to ChrisO.EstesDesign.com or contact me at (704) 841-
1779 to set up a site visit.
Sincerely,
C. t-9A090-
Christopher J. Estes, RLA, ASLA
Landscape Architect, N. C. & S.C.
Enclosure;
Cc. FILE
JUL 0 6 2006
DEHR _ WATER QUALITY
11'ETLµptlMlp Oto4j; TER BRANCH
P.O. Box 79133 Charlotte NC. 28271 / Phone 704-841-1779 Fax (704) 841-1842
r
YMCA Dr. - Waters Edge
Subdivision
Town of Mount Holly
Gaston County
North Carolina
Pre-construction Notification Form and Supporting Documentation
for
U.S. Corps of Engineers & That Require Section 401
Certification
Prepared for.
Faison-Gaston Gateway, LLC
Prepared by.,
matte Design Inc-6
Environmental Design & Consulting
P.O. Box 79133 Charlotte, N.C. 28271
?r?seG
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. C) to - 0 I O g
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Qualih- Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12,
3. If this notification is solely- a courtesy- copy- because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
? D ???
mitigation of impacts (see section VIII - Mitigation), check here-.
II. Applicant Information
1. Owner/Applicant Information JUL 0 6 2006
Name: Faison DENR - LITY
Mailing Address: S?TeR BRANCH
121 West Trade Street
Suite 2550
Charlotte, NC 28202
Telephone Number: (104) 972-2674 Fax Number: (704) 972-2676
E-mail Address: Neil. KapadiaAfaison.com
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Christopher J. Estes
Company Affiliation: Estes Design
Mailing Address: 515 Pembroke Dr., WeddinRton, N.C. 28173
Telephone Number: (704) 841-1779 Fax Number: 704.841.1842
E-mail Address: Cestesna,EstesDesign.com
Page 1 of 10
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: Waters Edge/ Gaston Gateway
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 184763
4. Location
County: Gaston Nearest Town: Mount Holly
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): See Attachements
5. Site coordinates, if available (UTM or Lat/Long): 35.15.49N 81.01.07W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Forested along the stream corridor where the sanitary sewer right-of-way is proposed.
7. Property size (acres): 77 ac.
8. Nearest body of water (stream/river/sound/ocean/lakeSouth Fork Catawba River
9. 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.stite.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Subdivision of property into Residential lots.
Page 2 of 10
11. List the type of equipment to be used to construct the project: bulldozer trackhoe &
road grader
12. Describe the land use in the vicinity of this project: Single - family, Commercial
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.
NA
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future'? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None anticipated at this time. The sanitary sewer pump station will serve a
residential development planned for the remaining forested area north of the YMCA facility.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 of 10
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htip://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.55 ac.
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 (Temporary) SS
crossing below
Grade
137
UT
S.Fork-Catawba
4'
Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.torx)zone.com,
www.niap uestcom, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 137 temporary
Page 4 of 10
Open Water impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
"Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NA
* List each impact separately and identify temporary impacts. impacts include, but are not limited to: till, excavation, areaging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed. associated wetland and stream impacts should be
included above in the N etland 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 ? A etlands
Describe the method of construction (e.g., dam/embankunent, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
All wetlands have been avoided with only temporary i_mpacts to one perennial stream caused by
the sanitary sewer right-of-way. An endangered species survey was conducted to avoid any
possible endangered habitat impact.
Page 5 of 10
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 March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact 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 nutigation is required for this project, a cope 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina. available at
http://h2o.enr.state.nc.us/ncwetlands/stmi??ide.htm].
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.
Protective covenants will be put in place for a 25 foot stream buffer along the affected
stream corridor and all wetlands within the site to mitigate the loss of forest canopy within
the sewer right-of-way.
Page 6 of 10
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
\Nill be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at liu1)://h2o.enr.St itC.nc.us/XVt-p/indes.lltm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes. does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If -\-on are not sure whether a NEPA/SEPA document is regtured, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If ves, 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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 7 of 10
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other Unamed Tributary to Catawba River
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Protective covenants will be nut in place for a 25 foot stream buffer along the affected stream
corridor and all wetlands within the site to mitigate the loss of forest canopy within the sewer
figiht-of-way
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
XII. Sewage Disposal (DWQ Only)
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.
Municiple sewer
XIII. Violations (DWQ Only)
Page 8 of 10
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0 00) or anv Buffer Rules'?
Yes ? No
Is tlvs an after-the-fact permit application?
Yes ? No ?
XIV. 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).
C.,
9ka..
Applicant/Agents Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1000
Washington, NC 27889-1000
Telephone: (252) 975-1616
Fax: (252) 975-1399
Beaufort Currituck Jones
Bertie Dare Lenoir
Camden Gates Martin
Carteret' Green Pamlico
Chowan Hertford Pasquotank
Craven Hyde Perquimans
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
'Croatan National Forest Only
Page 9 of 10
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: (910) 251-4511
Fax: (910)251-4025
US Fish
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
urine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Anson Duplin Onslow
Bladen Harnett Pender
Brunswick Hoke Richmond
Carteret Montgomery Robeson
Columbus Moore Sampson
Cumberland New Hanover Scotland
and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
Page 10 of 10
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC May 23, 2006
Introduction
The 77 -acre site is currently zoned for residential located within the
Town of Mount Holly, Gaston County, North Carolina. The existing land-
use in the vicinity is single-family and commercial. There is
approximately 77 acres of wetlands on the project site with important
aquatic function.
Jurisdictional waters of the U.S.
Means and methods
Preliminary investigation of jurisdictional waters of the U.S. onsite was
done according to the U.S. Army Corps of Engineers technical report Y-
8 7- 1 and Appendices, Corps of Engineers Wetlands Delineation
Manual, January 1987, Final Report. Additional data was acquired using
the U.S.G.S. quadrangle maps; the applicants survey plans, and the
applicants proposed grading plan, USDA soil survey of Gaston County
North Carolina, aerial photographs, USFWS NWl maps and site visits.
The method of choice for wetland delineation was the level three Routine
Determination. The site is within the Catawba drainage basin and is
under the Catawba buffer rules. The majority of site is forested land.
Vegetation
The forested areas are dominated by FAC and FACU species. Trees
include Pine, Hickory, tulip polar, green ash, cottonwood, red maple and
sweet gum. Prevalent under story and herbaceous strata consists of by
oak seedlings, alder and smilax. In the low areas wetland vegetation is
prevalent including willow, dogwood, sourwood, lizards tail and juncus.
See the attached endangered species report for more detail on fauna.
Hydric soils
The site includes Chewacla Gaston, Cecil and a small inclusion of
Wilkes soils. The soils are mapped units that vary from well-drained,
slowly permeable soils with medium water capacity to somewhat poorly
drained, moderate permeability and high water capacity. Inclusions and
flat areas in Chewacla class C soils have a water table 6" to 2' below the
surface during the wet season and are frequently flooded. Chewacla soil
permeability is.60-2.0 in/hr and PH is 405-6.5, according to the natural
resource conservation service Soil Survey of Gaston County.
Topography & Hydrology
The over all topography of the 77 acre project site is moderately sloping
towards the South Fork Catawba River floodplain to the east and by
highway 273 to the west. The site drains to the east of the property. An
apparent high water table with frequent flooding influences the existing
low areas.
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC revised page 6. 15.06
Summary of Proposed Impacts
NWP # 12 Streams 137'
Total NWP #12 137 feet of temporary impacts
Preliminary planning for impact avoidance, minimization
and mitigation
Consideration for environmental and regulatory issues was incorporated into the
design process to minimize impacts to the extent feasible. Temporary construction
impacts due to clearing and grading activities will be the most disruptive impact for
this site. Therefore the following avoidance and minimization practices will be
taken:
1) Silt fence & barriers, sediment traps, check dams and diversion ditches.
2) Construction barricades to define construction limits and tree protection fence for
tree save areas.
3) Pre-construction meetings to inform equipment operators of sensitive areas and
precautionary practices.
4) Restriction of vehicular access to sensitive areas that are to be preserved.
5) Regular and frequent inspection of erosion control and access control practices.
6) Delineated wetland boundaries will be clearly marked prior to construction to
prevent accidental damage to wetlands and tree save areas. Contractors are liable for
unauthorized wetland and tree damage not authorized by this permit, specifications
and plans. If necessary pre-construction meetings will be held in the presence of
USACE and NCDWQ officials
7) Project construction will strictly adhere to an approved "Sedimentation and
Erosion Control Plan". Best Management Practices will include utilizing silt-
trapping ponds and other erosion control practices where appropriate. At no time
shall staging areas for equipment and supplies such as fuel be located near surface
waters or the delineated wetland areas.
8) As required by the 401 Water Quality Certification conditions, measures will be
taken to prevent "live concrete from coming into contact with waters until the
concrete has hardened.
Wetland mitigation
Sewer Right -of-way
In an effort to maintain water quality and reduce impacts to the existing
aquatic environments, minimum easement widths and minimum associated
deforestation will be a priority. Of the total 77 acres 29 acres was previously
developed for a YMCA facility.
Threatened and endangered species
Federally listed plant and animal species with endangered or threatened
status are protected under the Endangered Species Act of 1973. The U.S.
Fish and Wildlife Service have identified one endangered species
Schweinitz's sunflower (Helianthus schweinitzii). Schweinitz's sunflower is
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC revised page 6.15.06
endemic to the piedmont of the Carolinas, where it is currently known from
10 populations in North Carolina and 6 in South Carolina. The North Carolina
populations are located in Gaston, Anson, Montgomery, Davidson,
Randolph, Union, Stanly, Cabarrus, Mecklenburg, and Rowan Counties.
Schweinitz's sunflower usually grows in open habitat. Investigation of the
sight for Schweinitz's sunflower resulted in none observed. None of the
Threatened, Endangered or Species of Concern was observed on site.
Please see the attached endangered species report. Notification has been
made to the U.S. Fish and Wildlife Service (USFWS).
Cultural resources
The surrounding land use is currently single -family residential & commercial.
Notification has been made to and concurrence received from the State
Historic Preservation Office (SHPO).
Aquatic habitat
This project site is in a WSIV watershed for South Fork Catawba River. The
proposed stream to be impacted is a UT to South Fork Catawba River.
Aquatic systems on this project vary from wet meadow in power right of way
to forested wetlands. Some small emergent wetlands exist in the river
floodplain and are not indicated on the USFWS NWI maps.
Conclusion
The 77 acre development will provide important economic and social benefits
to the region. Impacts to the aquatic environment are minimal. Impact to
forested environment is the major concern and will be developed within the
allowed limits for single-family residential adjacent to the Catawba River
Buffer. By giving careful consideration to construction and post development
impacts, negative water quality impacts can be avoided.
Please don't hesitate to contact me if you have any questions regarding this
permit. My office phone number is (704) 841-1779.
Cc: File,
Christopher J. Estes, RLA ASLA
Registered Landscape Architect
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC May 23, 2006
Regulatory Correspondence
SIF, G
I S1- S vgYL^ 17TtU
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC May 23, 2006
Endangered Species Report
<reE
Truf-
Esters psi Inc.
Environmental Design & Consulting
June 15, 2006
Mr. John Dorney f F".
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
Subject: Request for additional information - DWQ Project # 06-0908,
Waters Edge / Gaston Gateway, YMCA Dr. Mt. Holly
NWP 12 Application for 77- acre site
Gaston Co. N.C
Dear Mr. Dorney,
I have enclosed a Revised PCN Form requesting a WQC # 3374 for NWP 12 in the
Catawba River Basin. The Items of additional information that were requested are also
denoted in the original "report document" and original exhibits. A revised "page 5" of
the "report document" is also attached.
I have sent seven copies via certified mail for your use.
You may send me an e-mail to Chris(aDEstesDesign.com or contact me at (704) 841-
1779 to set up a site visit.
5rncerely
A Christopher J. Estes, i ??
RLA, ASLA
Landscape Architect, N. C. & S.C.
Enclosure;
? 71
Do
JUN 1 9 2006
Cc. FILE
DENR - WATER QUALITY
WETLA,", AND ST('P.MWATER P.RANCH
P.O. Box 79133 Charlotte NC. 28271 / Phone 704-841-1779 Fax (704) 841-1842
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC revised page 6.15.06
endemic to the piedmont of the Carolinas, where it is currently known from
10 populations in North Carolina and 6 in South Carolina. The North Carolina
populations are located in Gaston, Anson, Montgomery, Davidson,
Randolph, Union, Stanly, Cabarrus, Mecklenburg, and Rowan Counties.
Schweinitz's sunflower usually grows in open habitat. Investigation of the
sight for Schweinitz's sunflower resulted in none observed. None of the
Threatened, Endangered or Species of Concern was observed on site.
Please see the attached endangered species report. Notification has been
made to the U.S. Fish and Wildlife Service (USFWS).
Cultural resources
The surrounding land use is currently single -family residential & commercial
Notification has been made to and concurrence received from the State
Historic Preservation Office (SHPO).
Aquatic habitat
This project site is in a WSIV watershed for South Fork Catawba River. The
proposed stream to be impacted is a UT to South Fork Catawba River.
Aquatic systems on this project vary from wet meadow in power right of way
to forested wetlands. Some small emergent wetlands exist in the river
floodplain and are not indicated on the USFWS NWI maps.
Conclusion
The 77 acre development will provide important economic and social benefits
to the region. Impacts to the aquatic environment are minimal. Impact to
forested environment is the major concern and will be developed within the
allowed limits for single-family residential adjacent to the Catawba River
Buffer. By giving careful consideration to construction and post development
impacts, negative water quality impacts can be avoided.
Please don't hesitate to contact me if you have any questions regarding this
permit. My office phone number is (704) 841-1779.
Sincerely,
C, -, 11? ?J,
Christopher J. Estes, RLA ASLA
Registered Landscape Architect
Cc: File,
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
I. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Per?nit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12,
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required. check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
If. Applicant Information
c R-1, IIW
Do
1. Owner/Applicant Information JUN 1 ° 2006
Name: Faison
Mailing Address: WETI.AhpS AND STORMWATER BRANCH
121 West Trade Street
Suite 2550
Charlotte, NC 28202
Telephone Number: (104) 972-2674 Fax Number: (704) 972-2676
E-mail Address: Neil. Kapadiagfaison.com
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Christopher J. Estes
Company Affiliation: Estes Design
Mailing Address: 515 Pembroke Dr., Weddington, N.C. 28173
Telephone Number: (704) 841-1779 Fax Number: 704.841.1842
E-mail Address: Ccstes(gEstesDesign.com
Page I of 10
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: Waters Edge/ Gaston Gateway
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 184763
4. Location
County: Gaston Nearest Town: Mount Holly
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): See Attachements
5. Site coordinates, if available (UTM or Lat/Long): 35.15.49N 81.01.07W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody. )
6. Describe the existing land use or condition of the site at the time of this application:
Forested along the stream corridor where the sanitary sewer right-of-way is proposed.
7. Property size (acres): 77 ac.
8. Nearest body of water (stream/river/sound/ocean/lake): South Fork Catawba River
9. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated maior river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Subdivision of property into Residential lots.
Page 2 of 10
11. List the type of equipment to be used to construct the project: bulldozer trackhoe &
road grader
12. Describe the land use in the vicinity of this project: Single - family, Commercial
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.
V. Future Project Plans
Arc any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None anticipated at this time. The sanitary sewer pump station will serve a
residential development planned for the remaining forested area north of the YMCA facility.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 of 10
Wetland Impact
Site Number
(indicate on man)
Type of Impact* Area of
Impact
(acres) Located within
100-yea Floodplain**
( yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, tut,
excavation, flooding, ditching/drainage, etc. For dams, separately list inpacts due to both structure and flooding.
** 100-fear floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Nlaps
(FIRM), or FENIA-approved local floodplain maps. Maps are available through the FENIA Map Service Center at 1-800-358-9616, or
online at hap:/hvww.feina.gov.
*** List a wetland type that best describes wetland to he impacted (e.g., lieshwa ter/salt wa ter marsh, forested wetland, beaver pond,
Carolina Bav, bog, etc_)
List the total acreage (estimated) of existing wetlands on the property: 0.55 ac.
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im?act Perennial or
Intermittent'?
(pleasespecity)
1 (Temporan') SS
crossing below
Grade
137
UT
S.Fork-Catawba
4'
Perennial
* List each impact separately and identiAT temporary impacts. Impacts include, but are not united to: culverts and assoeiaicu np-uqa
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USUS topographic maps. If a stream has no name, list as IIT (unnatned tributary) to the nearest
downstream named stream into which it flows. USUS maps are available through the IJSGS at 1-800-358-9616, or online at
wwtv.usgs.aov. Several internet sites also allow direct download and printing of I TSGS Harps (e.g.. www.topozone.com,
www.map(juest.conn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 137 temporary
Page 4 of 10
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
(pen Water Impact
Site Number
indicate on ma
Type of Impact' Area of
Impact
acres Name Waterbody
(if applicable) ) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NA
' list each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed. associated N etland and stream impacts should be
included above in the Nvetland 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 apple): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation. installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
All wetlands have been avoided with only temporary impacts to one perennial stream caused by
the sanitary sewer right-of-way. An endangered species survey was conducted to avoid any
possible endangered habitat impact
Page 5 of 10
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 March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact 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 proiect, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.httnl.
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.
Protective covenants will be put in place for a 25 foot stream buffer along the affected
stream corridor and all wetlands within the site to mitigate the loss of forest canopy within
the sewer right-of-way.
Page 6 of 10
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfl- mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.u.s?wrp/inde?.htrn. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)'?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse'? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts arc 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 7 of 10
Will the proiect impact protected riparian buffers identified within 15A NCAC 2B .023
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other Unamed Tributan, to Catawba River
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each -none 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
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of "Lone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or.0260.
Protective covenants will be put in place for a 25 foot stream buffer along the affected stream
corridor and all wetlands within the site to mitigate the loss of forest canopy within the sewer
rijzht-of-way
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
XII. Sewage Disposal (DWQ Only)
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.
Municiple sewer
XIII. Violations (DWQ Only)
Page 9 of 10
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or ativ Buffer Rules''
Yes ? No
Is this an after-the-fact permit application?
Yes ? No ?
XIV. 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).
"?uNE IS,'Zoo4
49$01w-
Applicant/AgenJs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Anny Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Sury
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Change Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Page 9 of 10
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: (910) 2513511
Fax: (910) 251-4025
Anson Duplin Onslow
Bladen Harnett Pender
Brunswick Hoke Richmond
Carteret Montgomery Robeson
Columbus Moore Sampson
Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 8564520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: (919) 7334763
Fax: (919) 715-2671
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan I lettford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idle%vild Road Ashe Mitchell Wilkes
Kerrnersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 ('Treat Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 10 of 10
RE: 06-0908 Waters Edge
Subject: RE: 06-0908 Waters Edge
From: Laurie Dennison <laurie.j.dennison@ncmail.net>
Date: Thu, 29 Jun 2006 14:21:30 -0400
To: Chris@estesdesign.com
Chris:
In response to the DWQ letter for more information dated June 7, 2006, we
acknowledge receipt of your letter dated June 15, 2006 and one copy of the requested
PCN information for Waters Edge on June 19, 2006; however, to date we have not yet
received the additional copies you indicated had been sent via certified mail.
Consequently, this project remains On Hold and we are unable to move forward with
the project review and approval process.
Laurie Dennison
Adminstrative Assistant
DENR-DWQ
Wetlands/401 Unit
t C ,
1 of 1 6/29/2006 2:22 PM
I
t
St e DeAlan 10C,
Environmental Design & Consulting
May 16, 2006
Mr. John Dorney
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
Subject:
Dear Mr. Dorney,
4r
i
O 1? r) n
Waters Ed'e'Lsiton Gatewa , YMCA Dr. Mt. Holly
NWP 12 Application for 77 acre site
Gaston Co. N.C
I have enclosed a PCN Form requesting a WQC # 3374 for NWP 12 in the Catawba
River Basin along with a report, plans and maps. An application fee of $200 for Minor
Water Quality Certification has been enclosed. Comments have been received from
USFWS & SHPO. As requested per USFWS an endangered species survey for the
project site was completed and included in the PCN.
I have sent seven copies via certified mail for your use.
You may send me an e-mail to Chris(cD-EstesDesiQn.com or contact me at (704) 841-
1779 to set up a site visit.
Sincerely,
Cc. Lgt'
Christopher J. Estes, RLA, ASLA
Landscape Architect, N. C. & S.C.
Enclosure;
Cc. FILE
We gv
Q q
MAY 3 0 2006
DENR - WATERSTORMW ER BRANCH
y,?11ANDS AND
P.O. Box 79133 Charlotte NC. 28271 / Phone 704-841-1779 Fax (704) 841-1842
YMCA Dr. - Waters Edge
Subdivision
Town of Mount Holly
Gaston County
North Carolina
Pre-construction Notification Form and Supporting Documentation
for
U.S. Corps of Engineers & That Require Section 401
Certification
Prepared for.
Faison-Gaston Gateway, LLC
Prepared by:
Estes Design Inc..
Environmental Design & Consulting
P.O. Box 79133 Charlotte, N.C. 28271
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC May 23, 2006
Introduction
The 77 -acre site is currently zoned for residential located within the
Town of Mount Holly, Gaston County, North Carolina. The existing land-
use in the vicinity is single-family and commercial. There is
approximately 77 acres of wetlands on the project site with important
aquatic function.
Jurisdictional waters of the U.S.
Means and methods
Preliminary investigation of jurisdictional waters of the U.S. onsite was
done according to the U.S. Army Corps of Engineers technical report Y-
8 7- 1 and Appendices, Corps of Engineers Wetlands Delineation
Manual, January 1987, Final Report. Additional data was acquired using
the U.S.G.S. quadrangle maps; the applicants survey plans, and the
applicants proposed grading plan, USDA soil survey of Gaston County
North Carolina, aerial photographs, USFWS NWI maps and site visits.
The method of choice for wetland delineation was the level three Routine
Determination. The site is within the Catawba drainage basin and is
under the Catawba buffer rules. The majority of site is forested land.
Vegetation
The forested areas are dominated by FAC and FACU species. Trees
include Pine, Hickory, tulip polar, green ash, cottonwood, red maple and
sweet gum. Prevalent under story and herbaceous strata consists of by
oak seedlings, alder and smilax. In the low areas wetland vegetation is
prevalent including willow, dogwood, sourwood, lizards tail and juncus.
See the attached endangered species report for more detail on fauna.
Hydric soils
The site includes Chewacla, Gaston, Cecil and a small inclusion of
Wilkes soils. The soils are mapped units that vary from well-drained,
slowly permeable soils with medium water capacity to somewhat poorly
drained, moderate permeability and high water capacity. Inclusions and
flat areas in Chewacla class C soils have a water table 6" to 2' below the
surface during the wet season and are frequently flooded. Chewacla soil
permeability is .60-2.0 in/hr and PH is 405-6.5, according to the natural
resource conservation service Soil Survey of Gaston County.
Topooraphy & H dry ologv
The over all topography of the 77 acre project site is moderately sloping
towards the South Fork Catawba River floodplain to the east and by
highway 273 to the west. The site drains to the east of the property. An
apparent high water table with frequent flooding influences the existing
low areas.
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC May 23, 2006
Summary of Proposed Impacts
NWP # 12 Streams 137'
Total NWP #12 137 feet of temporary impacts
Preliminary planning for impact avoidance, minimization
and mitigation
Consideration for environmental and regulatory issues was incorporated into the
design process to minimize impacts to the extent feasible. Temporary construction
impacts due to clearing and grading activities will be the most disruptive impact for
this site. Therefore the following avoidance and minimization practices will be
taken:
1) Silt fence & barriers, sediment traps, check dams and diversion ditches.
2) Construction barricades to define construction limits and tree protection fence for
tree save areas.
3) Pre-construction meetings to inform equipment operators of sensitive areas and
precautionary practices.
4) Restriction of vehicular access to sensitive areas that are to be preserved.
5) Regular and frequent inspection of erosion control and access control practices.
6) Delineated wetland boundaries will be clearly marked prior to construction to
prevent accidental damage to wetlands and tree save areas. Contractors are liable for
unauthorized wetland and tree damage not authorized by this permit, specifications
and plans. If necessary pre-construction meetings will be held in the presence of
USACE and NCDWQ officials
7) Project construction will strictly adhere to an approved "Sedimentation and
Erosion Control Plan". Best Management Practices will include utilizing silt-
trapping ponds and other erosion control practices where appropriate. At no time
shall staging areas for equipment and supplies such as fuel be located near surface
waters or the delineated wetland areas.
8) As required by the 401 Water Quality Certification conditions, measures will be
taken to prevent "live concrete from coming into contact with waters until the
concrete has hardened.
Wetland mitigation
Sewer Right -of-way
In an effort to maintain water quality and reduce impacts to the existing
aquatic environments, minimum easement widths and minimum associated
deforestation will be a priority. Of the total 77 acres 29 acres was previously
developed for a YMCA facility.
Threatened and endangered species
Federally listed plant and animal species with endangered or threatened
status are protected under the Endangered Species Act of 1973. The U.S.
Fish and Wildlife Service have identified one endangered species
Schweinitz's sunflower (Helianthus schweinitzii). Schweinitz's sunflower is
YMCA Dr. / Waters Edge
Mount Holly
Gaston County, NC May 23, 2006
endemic to the piedmont of the Carolinas, where it is currently known from
10 populations in North Carolina and 6 in South Carolina. The North Carolina
populations are located in Gaston, Anson, Montgomery, Davidson,
Randolph, Union, Stanly, Cabarrus, Mecklenburg, and Rowan Counties.
Schweinitz's sunflower usually grows in open habitat. Investigation of the
sight for Schweinitz's sunflower resulted in none observed. None of the
Threatened, Endangered or Species of Concern was observed on site.
Please see the attached endangered species report. Notification has been
made to the U.S. Fish and Wildlife Service (USFWS).
Cultural resources
The surrounding land use is currently single -family residential & commercial.
Notification has been made to and concurrence received from the State
Historic Preservation Office (SHPO).
Aquatic habitat
This project site is in a WSIV watershed for Lake Wiley.
Aquatic systems on this project vary from wet meadow in power right of way
to forested wetlands. Some small emergent wetlands exist in the river
floodplain and are not indicated on the USFWS NWI maps.
Conclusion
The 77 acre development will provide important economic and social benefits
to the region. Impacts to the aquatic environment are minimal. Impact to
forested environment is the major concern and will be developed within the
allowed limits for single-family residential adjacent to the Catawba River
Buffer. By giving careful consideration to construction and post development
impacts, negative water quality impacts can be avoided.
Please don't hesitate to contact me if you have any questions regarding this
permit. My office phone number is (704) 841-1779.
Sincerely,
(ic- L 9*10.
Christopher J. Estes, RLA ASLA
Registered Landscape Architect
Cc: File,
Office Use Only: Form Version April 2001
elf%
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Qualih- Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12,
I If this notification is solely a courtesy_ copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Fai:
Mailing Address:
MAY 3 0 2006
121 West Trade Street
Suite 2550
Charlotte, NC 28202
DENR - WATER QUALITY
nANDS qNp S7(>RMWATER BRANCH
Telephone Number: (704) 972-2674 Fax Number: (704) 972-2676
E-mail Address: Neil. Kapadia@faison.com
2. Agent Infonnation (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Christopher J. Estes
Company Affiliation: Estes Design
Mailing Address: 515 Pembroke Dr., Weddington, N.C. 28173
Telephone Number: (704) 841-1779 Fax Number: 704.841.1842
E-mail Address: CestesAEstesDesign.com
Page I of 10
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: Waters Edge/ Gaston Gateway
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 184763
4. Location
County: Gaston Nearest Town: Mount Holly
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): See Attachements
5. Site coordinates, if available (UTM or Lat/Long): 35.15.49N 81.01.07W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake):
9. River Basin: Catawba
(Note - this must be one of North Caroluia's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/inaps/.)
10. Describe the purpose of the proposed work: Subdivision of property into Residential lots.
Page 2 of 10
11. List the type of equipment to be used to construct the project: bulldozer trackhoe &
road grader
12. Describe the land use in the vicinity of this project: Single - family Commercial
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 pen-nits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: NO
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 of 10
Wetland Impact
Site Number
(indicate on ma.)
Type of Impact* Area of
Impact
(acres) Located within
100-Fear Floodplainn**
(yes/no) Distance to
Nearest Strewn
(linear feet)
Type of Wetland***
* List each impact separately and identifi- temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading. till.
excavation, flooding, ditching'drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-fear floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local flotxlplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616. or
online at harp://www.1emaxgy.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested nvetland, beaver pond,
Carolina Bay, bog. etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.55 ac.
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 (Temporary) SS
crossing below
Grade
137
Unnamed trib
4'
Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure mid flooding), relocation (include linear feet before and after, and net loss/gain).
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/ straightening, etc. If stream relocation is
proposed, plans and profiles shoving the linear footprint for both the original and relocated streams must be included.
** Stream names can he found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. US(iS maps are available through the USGS at 1-800-358-9616, or online at
www.usrs.gov. Several internet sites also allow direct dovtinload and printing of USGS maps (e.g., www.topozone.conn.
www.nnapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 136 temporary
Page 4 of 10
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the Avetland and stream impact sections. Also. the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g.. dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
All wetlands have been avoided with only temvorarv impacts to one perennial stream caused by
the sanitary sewer right-of--way An endangered species survey was conducted to avoid any
possible endangered habitat impact
Page 5 of 10
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 March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://12o.enr. state. nc.us/ncwetlands/strmgide.html.
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.
Protective covenants will be put in place for a 25 foot stream buffer along the affected
stream corridor and all wetlands within the site to mitigate the loss of forest canopy within
the sewer right-of-way.
Page 6 of 10
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at httn://h2o enr state. nc.u-Avi-p index.htin. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If ties, 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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse'? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 7 of 10
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse). 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other Unamed Tributary to Catawba River
Yes E] No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* mp Ict feet Multiplier Req re
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from die edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213.0242 or. 0260.
Protective covenants will be out in place for a 25 foot stream buffer along the affected stream
corridor and all wetlands within the site to mitigate the loss of forest canopy within the sewer
right-of-way
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
XII. Sewage Disposal (DWQ Only)
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.
XIII. Violations (DWQ Only)
Page 8 of 10
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. 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).
CC.
i%w_
16.2006
Applicant/Agentrs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828)271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1000
Washington,NC 27889-1000
Telephone: (252) 975-1616
Fax: (252) 975-1399
Beaufort Currituck Jones
Bertie Dare Lenoir
Camden Gates Martin
Carteret' Green Pamlico
Chowan Hertford Pasquotank
Craven Hyde Perquimans
Pitt
Tyrrell
Washington
Wayne
'Croatan National Forest Only
Page 9 of 10
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: (910) 251-4511
Fax: (910) 2514025
Anson Duplin Onslow
Bladen Harnett Pender
Brunswick Hoke Richmond
Carteret Montgomery Robeson
Columbus Moore Sampson
Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: (919) 85611520 Telephone: (828) 665-1195 Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: (919) 7334763
Fax: (919) 715-2671
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Sung
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 10 of 10
Estes Design Inc. Project YMCA Dr. Mt. Holly
Environmental Design & Consulting Name:
P.O. Box 79133 Charlotte, N.C. 28271 Project No.: 0501 Sample No.: 1
Date: 1/27/05 By: CIE
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Do Normal Circumstances exist on site? 0 No Community ID: 01
Have vegetation, soils, or hydrology been disturbed? Yes Field Map No.:
Is the area a potential Problem Area? Yes Plot ID: A
(If needed, explain on reverse.)
VEGETATION (Note those species observed to have morphological aaaptauom to weuanos wan a -)
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Fraxinus pennsylvanica T FACW 9. Sagittaria latifolia H OBL
2. 10. Paspalum laeve - wetland grass H FACW-
3. Acer negundo T FACW 11. Juncus effusus H FACW+
4. Acerrubrum T FAC 12. Carex sp. H FACW
5. 13. Andropogon virginicus H FAC-
E. 14.
7. 15.
8.
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-). Include species noted (•) as showing
morphological adaptations to wetlands. 7/8 = 88%
Describe Morphological Adaptations: Hypertrophied lenticels, adventitious roots
Remarks:
This sample plot is in a forested floodplain.
rT V""r T d-%d V
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gage
X Aerial Photographs
Other
No Recorded Data Available Wetland Hydrology Indicators:
x Inundated
x Saturated in Upper 12 inches
x Water Marks
x Drift Lines
Field Observations: x Sediment Deposits
x Drainage Patterns in Wetlands
Depth of Surface Water: (in.) x
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: <9" (in.)
x
Water-Stained Leaves
x Local Soil Survey Data
Depth to Saturated Soil: (in.) x Other (Explain in Remarks)
Remarks:
The soil survey indicates a shallow water table due to elevation. This site is located within a flood plain tributary of the Catawba River.
SOILS
Map Unit Name: Chewacla-CH Drainage Class: SPD
Taxonomy Field Observations
(Subgroup): Confirm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fluvaquntic
Dystrochrepts
Profile Descripti
on:
Matrix Color Mottle Colors Mottle Texture, Concretions,
Depth (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres, etc.
0-6" A IOYR 4/3 l0Y 4/1 few/disitnct Sandy loam
7-14" B IOYR 6/1 7.5Yr 4/5 Many/prominant Sandy clay loam
Hydric Soil Indicators :
Histosol x Concretions
Histic Epipedon High Organic Content in Surface Layer
Sulfidic Odor x Organic Streaking
Aquic Moisture Regime Listed in Local Hydric Soils List
_____X ___ Reducing Conditions Listed on National Hydric Soils Lists
x Gleyed or Low-Chroma Colors -
-X _ Other (Explain in Remarks)
Remarks:
USDA soil survey describes frequesnt brief flooding and apparent high water table.5'-1.5' Nov. -April
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No Is this Sampling Point Within a Welland? No
Hydric Soils Present? No
Wetland Hydrology Present? No
Remarks:
Estes Design Ing" Project YMCA Dr. Mt. Holly
Environmental Design & Consulting Name:
P.O. Box 79133 Charlotte, N.C. 28271 Project No.: 0501 Sample No.: 2
Date: 1/27/05 By: CJE
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
01
Do Normal Circumstances exist on site? 0 No Community ID:
Have vegetation, soils, or hydrology been disturbed? yes Field Map No.:
Is the area a potential Problem Area? Yes Plot ID: B
(If needed, explain on reverse.)
VEGETATION (Note those species observed to have morpholopjcal adaptations to wetlands with a *)
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
I. Cercis canadensis T FACU 9. Smilax H FAC
2. Quercus phellos T FACW- 10.
3. Acer negundo T FACW 11.
4• Acer rubrum T FAC 12.
5. 13.
6. 14.
7.
15.
a.
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-1. Include species noted (*) as showing
morphological adaptations to wetlands. 4/5 = 80%
Describe Morphological Adaptations:
Remarks:
This sample plot is forested floodplain.
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gage
X Aerial Photographs
-Other
No Recorded Data Available
- Wetland Hydrology Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Field Observations: Sediment Deposits
Depth of Surface Water: (in.) Drainage Patterns in Wetlands
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: > 18" (in.) Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name: Chewacla-CH Drainage Class: SPD
Taxonomy Field Observations
(Subgroup): Confirm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fluvaquntic
Dystrochrepts
Profile Description:
Matrix Color Mottle Colors Mottle Texture, Concretions,
Depth (inches) Horizon (Mansell Moist) (Mansell Moist) Abundance/Contrast Rhizospheres. etc,
0-6" A l0YR 4/4 Sandy loam
7-14" B 10YR 5/4 7.5Yr 4/6 few/disitnct Sandy clay loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer
Sulfidic Odor Organic Streaking
_ Aquic Moisture Regime Listed in Local Hydric Soils List
- Reducing Conditions ----Listed on National Hydric Soils Lists
Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No Is this Sampling Point Within a Welland? Yes
Hydric Soils Present? Yes
Wetland Hydrology Present? Yes
Remarks:
This sample taken in upland.
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Location Map
Estes Design Inc. YMCA Dr. Project Site
Mt. Holly, NC
Lnvironmental Design & Consulting Wetlands Mapping
P.O. Box 79133 Charlotte, N.C. 28271
USGS Topo Map
Estes Design Inc. YMCA Dr. Project Site
V Mt. Holly, NC
Environmental Design & Consulting Wetlands Mapping
P.O. Box 79133 Charlotte, N.C. 28271
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Estes Design Inc. YMCA Dr. Project Site
Mt. Holly, Gaston County, NC
Environmental Design & Consuning Wetlands Mapping
ro. Box 79133 Charlotte, N.C. 28271
Aerial Map
Estes Design Inc. YMCA Dr. Project Site
Mt. Holly, NC
Lnvironmental Design & Consulting Wetlands Mapping
P.O. Box 79133 Charlotte, N.C. 28271
Area of
impacts
FIRM Map
Estes Design Inc. YMCA Dr. Project Site
Mt. Holly, NC
L-nvironmental Design & Consuming Wetlands Mapping
P.O. Box 19133 Charlotte, N.C. 28211
Soils Map
Estes Design Inc. YMCA Dr. Project Sit(
Mt. Holly, NC
Environmental Design & Consulting Wetlands Mapping
P.O. Box 79133 Charlotte, N.C. 28271
1 37 linear feet
of Perennial
stream impacts
I
R
Estes Design Inc. YMCA Dr. Project Site
Mt. Holly, NC
Environmental Design & Consulting Wetiands Mapping
P.O. Box 79133 Clmrlotte, N.C. 28271
?d.FA?Eo?
North Carolina Department of Cultural Resources
State Historic Preservation Office
Pcrcr R. Sandbeck, Ad i kirmw
Michael 1% Hasle)', Governor Officc of Archives and I hm,in
l.ishcth C. ISvaas, Secretary Division of Ilistorical R xoixrcce
Jcttreti, I. cm ', lenity Sucretar)' David Brook, Director
June 24, 2005
Christopher J. Estes
Estes Design, Inc.
PO Box 79133
Charlotte, NC 28271-7050
Re: Site Assessment for 77-acre Site, YMCA Drive, Mt. Holly, Gaston County, ER 05-1213
Dear Mr. Estes:
Thank you for your letter of May 30, 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 to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee C;ledhill-l arley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
W- U-L-
eter Sandbeck
IAMdon Mailing Address Teleph~/Pas
ADMINISTRATION Sn7 N. IW-t titan, Ralco NC 4617 Mad Smn a (:enter, Raleigh NC 2767)-4(17 (919)733-4763/731-8653
RESTORATION 515 N. M)unt Stmet, Raleigh N(, 4617 Mad.Scnicc Caner, Raleigh NC 27671-4617 (9t9)733-65471715-4tN)t
SURVEY d; PLANNING 515 N. 1%mit Stma, Ralcigh, N(: 4617 Mad Scrvicc Garter, Ralci NC 276994617 (919)733-6545/715-48.11
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action id. 200531982 County: Gaston U.S.G.S. Quad: Mt. Holly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Faison, Att'n: Neil B. Kapadia
Address: 121 W. Trade St., Suite 2700
Charlotte, NC 28202-5399
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) 77 acre YMCA tract located east of NC 273 off of
Caldwell Dr. and YMCA Dr.; near Mt. Holly.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetland on your property have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regnilations, may be relied
upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of (lie Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The properly is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine
their requirements.
Remarks:
Corps Regulatory Official:
Date 06/27/2005 Expiration Date 06/27/2010
Page I of 2
Action Id. 200531982
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Chapin at (828) 271-7980.
Basis For Determination: Stream channels exhibit ordinary hieh water marks and wetlands have the 3 required
parameters as outlined in the 1987 Corps of Ent*_ineers Wetlands Delineation Manual. Unnamed tributaries drain into
Catawba River.
Corps Regulatory Official (Initial): S
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated
Determination Information Sheet" to the file copy of this form.
Page 2 0l' 2
r F ti
N -o
b
9
ARCH 5
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville. North Carolina 28801
June 28, 2005
Mr. Christopher J. Estes, President
Estes Design Inc.
P.O. Box 79133
Charlotte, North Carolina 28271-7050
Dear Mr. Estes:
Subject: Site Assessment for a Single-Family Residential Development on a 77-Acre Tract of
Land Located on YMCA Drive in Mount Holly, Gaston County, North Carolina
On June 1, 2005, we received the Pre-Construction Notification (PCN) requesting our comments
on the subject location. We have reviewed the information you presented and are providing the
following comments in accordance with the provisions of the Fish and Wildlife Coordination
Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543) (Act).
The land consists primarily of open woodland areas interspersed with areas of cleared roadside
and utility rights-of-way (based on the aerial photography provided by the Gaston County GIS
web site). The Catawba River flows along the eastern boundary of the property, and an unnamed
tributary to the Catawba River is located on the property. No impacts from the project are listed
in your letter.
Endangered Species. You do not present evidence of any surveys of the area for federally listed
species known from Gaston County. Unless an area has been specifically surveyed for listed
species or no appropriate habitat exists, a survey should be conducted to ensure that these
resources are not inadvertently lost. Several federally listed species occur in this area. The
federally endangered Schweinitz's sunflower (Helianthus schweinitzii) and smooth coneflower
(Echinacea laevigata) hand a federal candidate for listing,' Georgia aster (Aster georgianus), have
1"Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological
vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not
yet been issued because this action is precluded at present by other listing activity. Development and publication of
proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as
other affected parties to give consideration to these taxa in environmental planning" (Federal Register,
February 28, 1996). Taxa formerly considered as "Category 1" are now considered as "candidates."
4. The complete clearing of land should be avoided. If clearing is necessary,
efforts should be made to avoid the removal of large trees at the edges of
construction corridors, rights-of-way, and in any surrounding development.
Disturbed areas should be reseeded with seed mixtures that are beneficial to
wildlife. Fescue-based mixtures should be avoided; fescue is invasive and
provides little benefit to wildlife. Native annual small grains appropriate for
the season are preferred and recommended. Where feasible, use woody debris
and logs from clearing activities to establish brush piles and downed logs at
the edges (just in the woods) of all cleared areas to improve habitat for
wildlife. Allowing the area to develop into a brush/scrub habitat would
maximize benefits to wildlife. Additionally, herbicides should not be used in
wetland areas or near streams.
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 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.
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).
The property along the unnamed tributary and the Catawba River lies within
the 100-year floodplain. Executive Order 11988 requires federal agencies (or
there designated nonfederal representative) to consider and protect floodplain
functions. We believe the recent examples of flooding in North Carolina
highlight the importance of avoiding direct anq indirect impacts associated
with the occupancy and modification of floodplains. Any development that
will impact the floodplain will need to be assessed.
4
and more than 50 percent of total phosphorous. Ponds and wetlands, which allow contaminants
to settle out of the water column or be broken down by sunlight and biological activity, can
remove more than 70 percent of bacteria. The North Carolina Wildlife Resources Commission
has developed a "Guidance Memorandum to Address and Mitigate Secondary and Cumulative
Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality" that we support and
encourage you to use. It can be accessed via the Internet as follows:
http: //www. ncwildlife. org/pg07_wildlifespeciescon/pg7c3_impacts.pdf.
Fish and Wildlife Resources. Your letter did not mention specific construction plans or
proposed impacts from the project. We are concerned with the direct, indirect, and cumulative
impacts that will result from this proposed development, and we offer the following additional
recommendations to help address the impacts associated with this project and to help minimize
impacts to fish and wildlife resources:
The construction of new roadways can produce short-term direct impacts as
well as long-term cumulative effects. Studies have shown a serious decline in
the health of receiving waters as a watershed is converted to impervious
surfaces. To minimize the effects of impervious surfaces and associated
storm-water runoff, curb and gutter should be limited in new developments,
and the direct discharge of storm water into streams should be prevented. We
recommend the use of grassed swales in place of curb and gutter and on-site
storm-water management (i.e., bioretention areas) to catch and filter
storm-water runoff. These designs often cost less to install and significantly
reduce environmental impacts from residential development.
2. Inadequately controlled storm-water runoff from residential and commercial
development areas and the loss of riparian buffers are major factors resulting
in the degradation and loss of aquatic resources. Forested riparian buffers
serve as filters for contaminants, lessen storm-water velocities, provide
thermal cover, and protect stream-bank stability. Riparian buffers also
provide travel corridors and habitat areas for wildlife displaced by
development. We suggest that forested buffers be a minimum of 100 feet
wide along perennial streams and 50 feet wide along intermittent streams and
wetlands. We recommend that all sewer lines, water lines, and utility
infrastructures be kept out of riparian buffer areas. Utilities that cross streams
should be avoided, and multiple utilities should use the same right-of-way
whenever possible.
We strongly suggest the use of bridges for all permanent roadway crossings of
streams and associated wetlands to eliminate the need to fill and install
culverts. All stream crossings should be made perpendicular to the stream. If
a culvert is the only option, it should be buried at least a foot below the natural
streambed to allow for proper water depth and the movement of aquatic
organisms. Under no circumstances should stream-channel widening for
culverts occur nor should riprap be placed in the stream channel.
all been found within a few miles of the project site. The site contains cleared utility
rights-of-way, roadsides, and open woodland areas, all of which are suitable habitat for
Schweinitz's sunflower, smooth coneflower, and Georgia aster. Schwein itz's sunflower is
difficult to identify at any time, but even more so outside its flowering season (late August to
October). Smooth coneflower is a rhizomatous perennial herb that flowers from May to July.
Georgia aster is also difficult to identify outside its flowering season (early October to
mid-November) and resembles two other asters that occur in the same habitat. Since the
property is on the border of Mecklenburg and Gaston counties, we are enclosing a list of
federally endangered and threatened species and federal species of concern for both counties. In
accordance with the Act, it is the responsibility of the appropriate federal agency or its
designated representative to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is
determined that a proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated. Please note that
federal species of concern are not legally protected under the Act and are not subject to any of its
provisions, including section 7, unless they are formally proposed or listed as endangered or
threatened. We are including these species in our response to give you advance notification and
to request your assistance in protecting them.
Erosion Control and Wetland/Stream Protection. Given the proximity of the project to
aquatic environments, we want to emphasize that stringent measures to control sediment and
erosion should be implemented prior to any ground disturbance and should be maintained
throughout project construction. Temporary (e.g., rye grain, wheat, millet) or permanent
herbaceous vegetation should be planted on all bare soil within 5 days of any ground-disturbing
activities to provide long-tern erosion control. Biodegradable erosion-control matting should be
used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas.
Matting should be secured in place with staples, stakes, or live stakes of native trees (whenever
possible).
In general, we oppose the impacting of wetlands and streams. If the proposed project will impact
any wetlands or streams, we suggest that an alternatives analysis be conducted that includes an
alternative to avoid such impacts on the property. Any Clean Water Act 404/401 permit
application (from the U.S. Army Corps of Engineers) should clearly show why impacts are
unavoidable and how impacts that are unavoidable have been minimized. Unavoidable impacts
will require mitigation.
The expansion of urban/suburban areas creates more impervious surfaces (such as roofs, roads,
and parking lots), which collect pathogens, metals, sediment, and chemical pollutants and
quickly transmit them to refeiving waters. According to the Environmental Protection Agency,
this nonpoint-source pollution is one of the major threats to water quality in the United States
and is linked to chronic and acute illnesses from exposure through drinking water and contact
recreation.
Best management practices can reduce, but not eliminate, pollutant loadings of common
storm-water pollutants. Designs that collect runoff and allow it to infiltrate the soil have the
highest documented pollutant-removal efficiency, eliminating nearly all lead, zinc, and solids
2
3. The report should contain 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.
4. 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.
5. An assessment of all expected secondary and cumulative environmental
impacts associated with this proposed work. The assessment should specify
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.
6. 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.
7. 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. Our mission is to conserve, protect,
and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the
American people. By working with you and giving you the appropriate information early in the
planning process, we hope to accomplish this goal. 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 4-2-05-248.
Sincerely,
r
Brian P. Cole
Field Supervisor
Enclosure
u
HABITAT
ASSESSMENT AND
RESTORATION
PROGRAM, INC. - ?--
Biological Assessment
77-Acre Tract in Mount Hotly, Gaston Co., NC
JIM MATTHEWS, Ph.D.
T. LAWRENCE MELLICHAMP, Ph.D.
P.O. Box 655
Newell, NC 28126
Office: 704-841-2841
Fax: 704-841-2447
Cell: 704-577-6717
email: harp@alltel.net
www.habitatassessment.com
The tract lies to the north, south and east of the Mount Holly YMCA, YMCA Dr., off NC
273 in Mount Holly. It fronts on the Catawba River on the cast.
The site was examined on July 11, 2005 for plant communities and species of concern.
Although the site is on the Mount Holly, USGS Quad, the Belmont and Charlotte West
USGS Quads were also included in the searching the data base of the NC Natural
Heritage Program. The printouts from the Heritage Program for these three quads are
appended to this report.
The following species and community types are listed for these three quads.
Carolina Heelsplitter - Lasmigona decorata - Historic - Federally endangered
Bog Turtle - Glyptemys muhlenbergii - Potential - Federally threatened
Highfin Carpsucker - Carpiodes velifer - Current - State, Special Concern
Georgia Aster - Aster georgianus - Current - Federal Species of Concern
Schweinitz's Sunflower - Helianthus schweinitzii - Current - Federally endangered
Carolina Birdfoot-trefoil - Lotus helleri - Current - Federal Species of Concern
Bigleaf Magnolia - Magnolia macrophylla --- Current - State Significantly Rare
Magnolia Vine - Schizandra glabra - Current - State threatened, Special Concern
Basic Oak-Hickory Forest - Current
Dry Oak-Hickory Forest - Current
Dry-Mesic Oak - Hickory Forest - Current
Mesic Mixed Hardwood Forest - Current
Piedmont/Low Mountain Alluvial Forest - Current
Upland Depression Swamp Forest - Current
During the field work, all of the utilities rights of way were walked, since most of the
species occur in open, disturbed habitats. In addition, the forests were examined for
species composition/diversity of species and size of trees.
In general the forests along the slopes above the river have a higher diversity and size
than the forests upslope toward NC 273. The upslope forests have been timbered in the
past, although currently the forests are mature, but the dominant species are Shortleaf
pine (Pinus echnata), Yellow poplar (Liriodendron tulipifera), Sweetgum (Liquidambar
styraciflua), Red maple (Ater ruhrum), all species of disturbance. The understory of the
HAHITAT ANALYSIS - ENDANGERED PLANT STUDIES - RESTORATION OF HABITATS - WETLAND MITIGATION - MONITORING
NC NHP Quad Search Page 1 of 1
NC NHP Quad Search Results
New Search
Returned Elements: 7 using: BELMONT
[Bird 11 [Reptile 11 [Fish 11 [Vascular Plant 3] [Natural Community 11
mew-
Grow Scierrtiic Name Common Name $tft Federal
Statue Status
Staff Ql2ttal
RAnk Rok Map
-
Quad -Status Habitat
Bird Hallseefus leucocephalus Bald Eagle T T (PD) S38,53N G4 BELMONT-Current link
Reptile Glyptamys muhlenbergii Bog Turtle T T(SIA) S2 G3 BELMONT-Potential Link
Fish Cerpiodes veNior Highfin Carpsucker SC - 52 G4G5 BELMONT-Current U P%
Vascular HeNenthus schweinftil Sct weinitz% Sunflower E E S2 G2 BELMONT-Current Lift
plant
Vascular
MagrwBe macrophyge Bigleaf Magnolia SR-P -
S2 G5
BELMONT-Current UnlS
Plant
Vascular Schisendre glebre Magnolia Vine T-SC - S1 G3 BELMONT-Current Link
Plant
Natural Music Mixed Hardwood S4 G5T5 BELMONT-Current Lin
community Forest (Piedmont Subtype)
NC NHP database updated: January, 2004.
Search periomled on Friday, 8 July 2005 @ 17:14:10 EDST
Explanation of Codes
r
http://207.4.179.50/nhp/quad.php 7/8/2005
NC NHP Quad Search Page 1 Of I
NC NHP Quad Search Results
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Returned Elements: 9 using: MOUNT HOLLY
[Reptile 11 [Vascular Plant 21 [Natural Community 61
Scientific Name Common Name a turd
nk Global Quad -Status
Status S
Ra
us Rank
Reptile (3lyptemys muhlenbergil Bog Turtle T T(81A) $2 G3 MOUNT HOLLY-
Potential unk
Vascular
Astsrpaorgfanua
Georgia Aster
T
C 32
02G3 MOUNT HOLLY-
Link
Plant Current
Vascular
Plant Megnolla macrophyNe
Bigkaf Magnolia
SR-P
- 62
G5 MOUNT HOLLY-
Current
Link
Natural Bask Meek Forest S2 G5T3 MOUNT HOLLY- Link
Community (Pledhront Subtype) Current
Natural
Bask Oak-Hkkory Forest
-
-
- S3
G4
OOU AT HOLLY-
Link
Community C
Natural Dry Oak-Hickory Forest - S4 G5 MOUNT HOLLY- Link
Community Current
Natural Dry-Me sk Oak-Hkkory _ - S5 G5 MOUNT HOLLY- Link
Community Forest
Natural Mask Mixed Hardwood
- S4
- G5T5 MOUNT HOLLY- Lift
Community Forest (Piedmont Subtype) Current
Natural Pkdmod&ow Mountain
-
S5
G5 MOUNT HOLLY-
Llllk
Community Alltuvial Forest Current
NC NHP database updated: January, 2004.
Search performed on Friday, 8 July 2005 @ 17:15:55 EDST
Explanation of Codes
c
http://207.4.179.50/nhp/quad.php 7/8/2005
Based on the wetland survey, there is no habitat for the Bog turtle on the site. There is no
record of a Bald eagle nest along the river and the aquatic habitats are not present within
the site.
The forest cover for the slopes immediately above the river constitutes a Basic Oak-
l lickory Forest, one of the Natural Communities of concern for the Mount Holly USGS
Quad. It has a diverse species composition, and by the lack of numbers of Yellow poplar
and Sweetgum, has not been overcome with the succession of secondary hardwood
species.
It is recommended that all efforts be made to protect this rich forest above the river, and
along the several small coves that extend westward from the floodplain of the river.
Stopping development behind the tops of the slope, not allowing cantilevered homes to
be built over the slope and not allowing clearing of the canopy, subcanopy or shrub layers
of the slopes will preserve an excellent array of species for the heritage of the county,
which, in turn, will provide a strong statement of the ecological sensitivity of the
development.
There are no recommendations regarding species of concern for the site.
Jam F. Matthews
• .
southern portion of forest is dominated by Russian olive (Elaeagnus umbellata). The
understory of the northern portion of forest has less invasive species, and exhibits a more
open character.
The two petroleum and fiber optic utility rights of way run Fast-West and are maintained
by mowing. These are prime areas for the Georgia Aster and Schweinitz's Sunflower.
Carolina Birdfoot-trefoil occurs in areas with disturbed soils, none of which occur in the
study area. Bigleaf Magnolia occurs on slopes above streams and possibly the river, and
the Magnolia Vine has a rare occurrence south of Belmont in a forest.
The vegetation of the utility rights of way varies with soils and topography, but in general
they are dominated by Sericia lespedeza (Lespedeza cuneata), Johnson grass (Sorghum
halepense), Blackberry (Rubus spp.), Small-flowered sunflower (Helianthus
microcephalus), Branched sunflower (H. divaricatus), Black-eyed Susan (Rudbeekia
hirta), Queen Anne's lace (Daucus carota), Butterfly-weed (Asclepius tuberosa),
Paspalum (Paspalum spp.), Possum grape (Vitis baileyana), Hog peanut (Amphicarpa
bracteata), and Goldenrod (Solidago spp.). However, some less common species were
noted. These included Ironweed (Vernonia glauca), Sabatia (Sabatia angularis), Blazing
star (Liatris squarrosa), Angelica (Angelica venenosa), and Centaurea (Centaurea
maculosa). No specimens of the Georgia aster or Schweinitz's sunflower were noted.
The slopes above the river provided a very nice mix of species, although the sizes of the
specimens were not large. Species in the canopy include: Red oak (Quercus rubra) 28
in, diameter breast height (dbh), White oak (Q. alba) 25 in. dbh., White ash (Fraxinus
pennsylvanica) 23 in. dbh., Beech (Fagus grandifolia) 23 in. dbh., Pignut hickory (C.
glabra) 16 in. dbh., Black gum (Nyssa sylvatica) 13 in. dbh., Yellow poplar 13 in. dbh.,
and Black cherry (Prunus serotina) 12 in. dbh. The shrub and herbaceous layers were
very well developed, although there were some pockets of disturbance that included
Russian olive.
The understory included Umbrella tree (Magnolia tripetala), Sourwood (Oxydendrum
arboreum), Sassafras (Sassafras albidum), Southern sugar maple (Ater saccharum ssp.
floridanum), Redbud (Cercis canadensis), but not a lot of Dogwood (Corpus florida).
The shrub layer was well developed, with Hydrangea (Hydrangea arborescens), Hazel-
nut (Corylus americana), Buffalo nut (Pyrularia pubera), Witch-hazel (Hamamelis
virginiana), Pawpaw (Asimina triloba), Sweet-shrub (Calycanthus floridus), along with
seedling species of the subcanopy and canopy species. Although the Umbrella tree was
very abundant, no specimens of the Bigleaf magnolia were observed.
The herbaceous cover included his (Iris cristata), Snakeroot (Sanicula marilandica),
Maypops (Passiora lutea), Black cohosh (Cimicifuga racemosa), Bloodroot
(Sanguinaria canadensis), Lop-seed (Phryma leptostachya), Jack-in-the-pulpit (Arisaema
triphyllum), Avens (Geum canadense), Alumroot (Heuchera americana), Heartleaf aster
(Aster divaricatus), Bellwort (Uvularia perfoliata), Aureolaria (Aureolaria virginica),
Ruellia (Ruellia caroliniensis), Spotted wintergreen (Chimaphila maculata), Broad
beech-fern (Thelypteris hexagonoptera).
NC NH.P Quad Search Page 1 of 1
NC NHP Quad Search Results
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Returned Elements: 4 using: CHARLOTTE WEST
[Mollusk 11 [Vascular Plant 11 [Natural Community 21
NIAW Scientific Name Common Name State Federal State Cbbal $tatus D_
Qusd
-
Group $tatua Status Rank Rank .
_
Hablat
Mollusk Lasmipons decorate Carolina Heelaphiter E E S1 GI CHARLOTTE WEST- Link
Historic
Vascular Lotus hailed Carolina Birdfoot- SR-T FSC S3 G5T3 CHARLOTTE WEST- Link
Plant trefoil Current
Natural Basic Oak-Hickory Forest - - -
Community
Natural Upland Depression Swamp
Community Forest
NC NHP database updated: January, 2004.
Search performed on Friday, 8 July 2005 @ 17:09:58 EDST
Explanation of Codes
S3 G4 CHARLOTTE WEST- Link
Current
S3 G3 CHARLOTTE WEST- Link
Current
r
http://207.4. l 79.50/nhp/quad.php
7/8/2005