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HomeMy WebLinkAbout20060908 Ver 1_Complete File_20060530 D `qllc::? "C 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. .,., bud twy E t;at:,v I ,,•,.e•a pSodyeoo Gtp0r? x c C ? R C. r Di 4 III 3ummitAve e i ° is r 7 ! n41 1 T.- ' ? ° Hutchinson W I sy y 8n'°ri;g Sr \ ° a >Sh,; ?yo? R ? - 9lie0 C3SV 1 q'I: T.I,aseepee Fd ? { ylr Goshen Gore ° Catawba Heghts A/4 ° Ord q IV °Noft k4mrt \O?G M1273 N o, ? .. a:y? .rR t. ?,,+trvdrfr I r p,d is - d ?:y, '¢a oQ ky a WPD 'P !. ir0 °Beeoh Broalcr4lp,? Abbey t Haavy Cgwp Scrr Ad ?]?rro U &oatc I' ±h College bJ Wosbood Fore., W S to dlMiad ° 1 ?athedr "mom Bhrd {uhfade St (rj III he arOp? ?d tyt ?1 t1r 9 74 z ,.icAuieY r rr °Browr Torn yr' yy?.•.. dr ?n`ITodtl I.Z LIrJ d i Catawba 51 ll±ySr ?3rh ' Bro Ferrell AV L, od - 1 p , oBelrnord Si rT-_ '0 Catawba Calls" S ° Souh &My AAohtd tr rr----?? 1.0 m ,mi ? o n r._;. 2006 Yahoo! Inc 22004 N7?1/TEQ 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 ?_ s MH ?? , 000 Hft ?„ ?eo?_?_,®r11fp MTls Prmcrd 5om'OPO' C`:-0: \aticrd Oxpydi: Hekbnp ,"' .;ay Ztn L . s F 't GPS Oh-erlay Illustrative only I 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 New Search 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 New Search 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