HomeMy WebLinkAbout19920252 Ver 1_COMPLETE FILE_19920722A . $IA7[ u?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T I_vcrett, Ph.D.
William W. Cobey, Jr., Secretary July 22, 1992 Director
Davidson College
c/o Mr. Robert S
P.O. Box 1719
Development Corp.
Sutton
Davidson, N.C. 28036
Dear Mr. Sutton:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
McConnell Property development
Davidson County
DEM Project,#92252
Upon review of your request for Water Quality Certification
to place fill material in 0.66 acres of wetlands for
lot fill and road crossings for McConnell Property development
located at NC 73 near Davidson in Davidson County, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2671 issued January 21, 1992. A copy
of the General Certification is attached. This Certification may
be used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
at 919/733-1786.
Sincerely,
Pre ton Howard, r. P.E.
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
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704/251-6208 919/486-IS-11 704/003-10 ) 919,571 -17(X1 91')/946-6481 W) 39s 3(XV 919/89fr7(X)7
Pollution Prevention Pays
I'U_ Box 29535 ILtlcir;h, North ( arolmd ?76)6USis Iclcphunc 91973i 71115
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DEK ID: 11 7 Z ? z
ACTION ID:
JOINT APPLICATION FORK FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOUR
P. 0. BOX 29535 D L5 ?._....
RALEIGH, NC 27626-05
ATTN: MR. JOHN DORNE MAY ' A 19W
Telephone (919) 733-5
L.-
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SE EN
BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P. 0. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
1. OWNERS NAME: Davidson College Development Corp., c/o Mr. Robert S. Sutton
2. OWNERS ADDRESS: P. 0. Box 1719. Davidson, NC 28036
3. OWNERS PHONE NUMBER (HOME):
(WORK): (704) 892 - 2125
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER:
David D. Patrick, Jr., Sr. Environmental Scientist, Patrick Wetland Consultants
280/1 HWY 29 South, Suite 304, Concord, NC 28025 r 76 - - (0--1 "7 $
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Mecklenburg
NEAREST TOWN OR CITY: Davidson
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): North side of NC 73 at the east boundary of the
city limits of Davidson (within city limits)
6. NAME OF CLOSEST STREAK/RIVER: Unnamed tributary to West Branch Rocky River
7. RIVER BASIN: Rocky River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II?
YES [ ] NO (XX)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES ( I NO (XXJ
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.67 Ac of jurisdictional wetlands, 2.1 Ac of Waters of the United States (impoundment)
A
11. NUMBER OF ACRES OF WETLAND IMPACTED BY TEE PROPOSED PROJECT:
FILLED: 0.66 Ac
DRAINED: - 0 -
FLOODED: - ,0: -
EXCAVATED,. _ 1 Ac'
TOTAL IMPACTED:' 1.66 Ac
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Development of a subdivision, providing single family
residential units; wetland impacts are necessary for reasonable use of several lots; Waters of the
United States to be preserved and enhanced (see attached)
13. PURPOSE OF PROPOSED WORK: Provision of housing for residents of Davidson, NC, particularly those
associated with Davidson College.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE
MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Wetland areas to be impacted are unfortunately situated in
such a manner as to take several lots unuseable; in addition, wetlands are of very low quality and have
been heavily impacted by previous land uses; minimization includes preservation of Lake and greenway.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES
SERVICE (NMFS) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
HAVE YOU DONE SO? YES )y.X] NO [ 1 RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF
HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
HAVE YOU DONE SO? YES [XXI NO [ J RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
11. ADDITIONAL INFORMATION REQUIRED BY DEM: See attached
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF
THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY.
E. WHAT IS LAND USE OF SUEEOUNDING PROPERTY? Rural residential, some agricultural
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Common collection for transport to treat-
ment facility ,
Robert S. Sutton
OWNER'S NAME (PRINTED)
n e',idenl
OWNER'S TITLE (IF APPLICABLE)
PROJECT NARRATIVE
DAVIDSON COLLEGE DEVELOPMENT CORP. proposes to develop the 98-
Acre tract known as the McConnell Property in North Mecklenburg
County (within the eastern city limits of Davidson) for
residential use. Wetland Sites 1-6 are very similar in nature
and have been delineated pursuant to the 1987 Army Corps of
Engineers Technical Manual (site description form attached). The
applicant and its agent, Patrick Wetland Consultants, have
evaluated alternative site plans for the project and find the
attached site plan to be the most environmentally sound within
the constraints of reasonable use of the property for its
principal purpose. Wetlands have been avoided and/or preserved
(green space) wherever possible, and impacts to wetlands have
been minimized to the extent practicable. The applicant proposes
to impact 1.66 acres of wetlands, 1 acre of which (Site #1) has
been cut over and is now dominated by Ligustrum sinense and
blackberry (Rubus spp.). All impacts will be associated with
either discharge of clean, on-site fill material or excavation,
with excavated material removed to an upland location.
The applicant proposes to preserve over 4 acres of high quality
bottomland hardwoods associated with the unnamed tributary to
West Branch Rocky River as Greenway. In addition, the applicant 1u
intends to enhance the water quality and habitat associated with
the impoundment by creating a littoral shelf which will be
vegetated with native herbaceous aquatics.
The applicant's agent has consulted the records of the Department
of Cultural Resources, Division of Archives and History,
Archaeology and Historic Preservation Section, Archaeology Branch
(for archaeological sites) and Survey and Planning Branch (for
historic structures). There are no records of any cultural
resources present at this site, nor have there been any
indications of such during field reviews.
At the direction of the U. S. Fish and Wildlife Service, the
applicant's agent has consulted the records of the Department of
Parks and Recreation, Natural Heritage Program. There are no
element occurence records of any federally- or state-listed
threatened or endangered species of plants or animals present at
this site, nor have any been observed during field reviews. A
qualitative field review for Helianthus schweinitzii produced no
evidence of individuals of this species.
WETLAND DETERMINATION FORM
COORDINATOR: TIME: la :-DO DATE: A /-28i9a COUNTY: Mr4kLEd.61&RG
NEAREST TOWN: AV1 0?1 C. WATERWAY: ?lZie rd WESTt3Rpet4cN Rocky Riyr--k
QUAD: 0-o RNELIu5 LOCATION: N C 7 3 O EAsr eb&E of C, Li ,
PROPERTY OWNER: (NAME/ADDRESS) PARTY DOING WORK: (NAME/ADD ESS)
'N Rv I \So? co"c-& E 5 R-m E
PHONE: ( 1 -
OTHER INDIVIDUALS PRESENT
PHONE:
1IotI E -
Sw_
/ 6't.4 sl K G W L?TL/4tJ?jS V Si M1 Lr°rYj &fl7'oM LM?ia 1.IyR.bWOOD
IS PROPERTY UNIFORM V OR SEPARATE DISCRETE VEGETATIVE UNITS JJ
VEGETATION: (IN ORDER OF DOMINANCE, DRAW
TREES: SPECIES -% COVER -- JNDIC?TOR
I.[.r4u,DftmS"jt S'rjJ2rte.rteLuA &r_+)) 3o"o
2. Pcr?a-PrNUf o«? a s 6fRcw zsl.
3. AtErt 2w,r?rt?u?+.. ?c} 2ol)0
4. uLMkS Q%4speA Rt? 10%
5.
SAPLINGS/SHRUBS:
1. Coy r')Lt5 61
2.LtGots7xuw?- S,N??sE ?c, Sa%
3.
4.
5.
°o OF DOMINANT SPECIES (OBL.-FAC.)_L?Po
LINE ABOVE NON-DOMINANT SPECIES)
GROUND COVER: SPECIES-% COVER-INDICATOR
?AC+
1. M%cRoST[61uw, \Jlm%NE4w? &b 90
2. (Eut-wr.,A V??+??NE??.
3.
4.
5.
6.
7.
8.
WOODY VINES:
1. Srn4LAX 5??p I o °Jo
2. 1-orlte.LrzA ?~Pava r-A- n °)e e -
OTHER INDICATORS:
HYDROPHYTIC VEGETATION: YES -)C-- NO BASIS:
e,v w&-tTr_ffl 'pKKsuft-rjT 7-b u_SFos nib QE07- 8
c
TYPICAL: (COMPLETE BELOW) ATYPICAL: (COMPLETE BACK)
0, wE 17E R
SOIL:
SERIES: h1l 0 nl6CA,-J ON HYDRIC SOILS LIST: YES - N0)(
MOTTLED: YES NO MATRIX COLOR:IDR 3 z HYDRIC SOILS: YES C NO
BASIS: Rl0,&Ac. INC`ks,,?,.IS Q-F WEhLA-DKLE Sot[. ?-NFDE - 6XIA/x6a "MOSIdhkr.CES;
MAGNFS/taf. C ,JCr_E77ar!S ; SAjh&A-Ar is c'en! IT10r? -
HYDROLOGY:
INUNDATED: YES NO_C DEPTH OF WATER:
SATURATED SOILS: YES X_ NO DEPTH TO SATURATION/WATER TABLE O - 411
OTHER INDICATORS: heiFr L,ejeS Src-T r-toXS ojv Tk4!=E 7-k_AoJke AY t4-"
WETLANDS HYDROLOGY: YES NO BASIS: 9sTuP_&TL6 Sar(,S AyPe(4G (40UO/N6 SVtscn
ATYPICAL SITUATION: YES NO \_ NORMAL CONDITIONS: YES _)? NO
WETLAND DETERMINATION: WETLAND: _X NON-WETLAND:
PHOTOS TAKEN: YES NO AUTHORITY: 10 404 ?( 10/404 NONE _
JURISDICTION: ABOVE HEADWATERS ISOLATED ADJACENT NWP_
DETERMINED BY: 7 is 0AP-7-p- 1 C-,f
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
1? 6l P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 21, 1992
Regulatory Branch
Action ID. 199202081 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Robert S. Sutton
Davidson College Development Corporation
Post Office Box 1719
Davidson, North Carolina 28036
Dear Mr. Sutton:
Reference your revised application of July 20, 1992, for Department of the
Army authorization to fill .66 acres of forested wetland adjacent to an
unnamed, headwaters tributary of the West Branch Rocky River off NC Highway 73
at Davidson, Mecklenburg County, North Carolina. The purpose of the proposed
work is for development of a residential subdivision. According to the
revision submitted by your consultant, Mr. David Patrick of Patrick Wetland
Consultants, you no longer propose to clear and excavate a 1.0 acre forested
and scrub shrub wetland located at the head of the existing lake on the
property.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. We note that the NC Division of
Environmental Resources has concurred that the placement of fill material in
.66 acres can be covered by general water quality certification.
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Steven Lund, Asheville Field
Office, Regulatory Branch, telephone (704) 259-0857.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
,/Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
PATRICK WETLAND CONSULTANTS
SCRTE 304 i-?
280/1 HWY 29 SOUTH
CONCORD, NORTH CAROLINA 28027
July 20, 1992 -r --?
Mr. John Dorney
Division of Environmental Mgmt
NC Dept. of Environment, Health and
Natural Resources
P.O. BOX 29535
Raleigh, North Carolina 27626-0535 JUL•$1 1W
RE: DEM No. 92-252
Davidson College Development Corp. DS GROUP
_ -QUALITY SECTION
Dear Mr. Dorney:
The applicant notod above would like to modify the proposed
project at the McConnell Property in Davidson, Mecklenburg
County. The applicant proposes to avoid impacts to Wetland Area
#1, as shown on the attached figure. Activities in the wetland
area will be restricted to limited clearing of undergrowth and
brush, removal of dead trees, etc. No effort will be made to
excavate or fill in the area, and clearing activities will be
performed by hand. The herbaceous ground cover presently
providing substantial water quality enhancement functions will be
left intact.
Thank you for your review of this project. We hope that this
effort to avoid wetlands will expedite issuance of 401 Water
Quality Certification for this project.
S' cerely,
David D. Patrick, r.
Senior Environmental Scientist
cc: Mr. Steve Lund, ACOE / Asheville
DAVID D. PATRICK, JR. TELEPHONE:
SENIOR ENVIRONMENTAL SCIENTIST (704) 786-6794
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IMPORTANT
To--- - - pvL-'
Date__4Z Time
WHIL/E/YOU E E OUT
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of
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AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO 3EE YOU URGENT
RETURNED YOUR CALL
Message__
Signed
m r nent. of Fnvirnnment. Health, and Natural Resources
V1 / P.i.1.1 nn Rnrvrlal P.-
DIVISION OF ENVIRONMENTAL MANAGEMFNT
June 5. 190
MEMORANDUM TO= :john Dorney
FROM D. Rex Gleason l\1
PREPARED BY: W. Allen HardyAR
SUBJECT: 401 Certification Review
DEM ID No. 92252 L_. Davidson College Development C or Mecklenburg County
This Office has reviewed the subject 401 ,
offers the following comments.
An on-site inspection revealed significant values within the
wetlands system. For the wetlands located adjacent to the
pond the most, outstanding values appear to be the potential
for sediment and nutrient removal. Water storage and the
dispersal corridor also rated very high (See attached rating
sheet). Lot number 196 appears to have wetlands covering
approximately half of its total acveage. This Office
recommends that this lot and the wetlands located adjacent to
the pond not be disturbed.
It is recommended that. the permit be issued.,
iT
Su?
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WETLAND RATING SYSTEM WORKSHEET
Project No. or description I I Co-
Location
County ?-& , Nearest
River basin -
Nearest stream
road or town
and classification C
Evaluator
Agency and address
Date and time evaluated
Major Wetland Type }?j(,tC?`??G
Approximate size of wetland system ac- acres
Approximate extent of wetlands in area lac- acres
within
miles 4
Three most common plant species (in order): ?r V
Soil Series (if known) a
Hydrologic indicators J
Direct surface hydrologic onnection? E NO
Existing Conditions
Drainage Y?
Disturbance
Restoration potential q
Restoration value A
Is site known to provide habitat for rare, endangered or
threatened species? If so, list species observed or recorded.
Item No..
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
Total score
Site description and notes:
Score (circle one)
5
5
5 4 3
3'' 2
2 1
1 Pon
5 4 3 2 U 0
5 4 6TN 2 1 0
5 4 2 1 0
5
0 4
4
3 2
2 1
1 0
0
5 4 V 2 1 0
5 4 3 ® 1 0
5 4 3 2 1
`i
13