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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 I:I ( .I( )NAI ( )I I I( I ti Mievillc iaycttcvillc \loorcwillc ILdcrph Wrshifigtun Xilmint;tun Win,trmSalcrn 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 A„ -i,,.,l ( )1,1w??,??„ , \ro,-m- A, rn,n I nqd ,", 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 I - 41 A t f '? gbAd 3 _ ;r t . ? BLOCd Z fNIMEyl. N7011 +P's I c.r;r tow"I \ rely,; N!? 9 ? \V' '?• "\ ,, I i \ ? ab l? .•. a ?? x w•. - + Zip; , gl apz j r; \ \?' r r:• RR ?: 1W )DDWWUI `rlr ? P x / g rr rc a° Ij c cv,iA \.A #4 / ysv 8-. ,r a ,-? / ? \ " mar AMrMr J ? I ,' a s ?? a I I R ? / y I I ?' .y 8 I -ll MA,L ry^ 1 4rF . '\1 ???t11?1?.????'????FI`III111?11?11???L'?11?\??Ir?il1+??4????1{II,IC1,1?+//??1/Il??j1111??/1?1?F ' ?'L 1 :1 ?' i. I.. t psi o ...............E rEE???? 6 El??EERE..i? bE.61E ;..E.. E........................... I I ? "' ?'ILO]II[t1l ILHt110111"r111141IILIIIIII111111/IIfI1111111111tfLR[IRIRI/Ii t,• .yd a. 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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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? ?t 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