20050488 Ver 1_Complete File_20050318

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Michael F. Easley, Governor

William G. Ross Jr.. Sccrelllry
North Carolina Department of Environment and Natunll Resources

Alan W. Klimek. P.E. Director
Division of Water Quality

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Mr. Ernest Moore I
1225 Gum Branch Rd.
Charlotte, NC 28214 i
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APPROVAL of the State General Isolated Wetlands Permit with Additional Conditions
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March 29, 2005
DWQ# 05-0488
Mecklenburg County

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Dear Mr.Moore:

You have our1approval, in accordance with the attached conditions, to place permanent fill in 0.19 acre
of isolated wetland inl Mecklenburg County, as described in your application received by the Division of Water
Quality on March 18, :~005. After reviewing your application, we have determined that this activity is covered
by State General Perf'nit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000). Please note
that you should get a~y 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 regulatio~s.

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 trye 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. '
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In addition to ~he requirements of the certification, you must also comply with the following,conditions

1. No waste, spoil, splids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
shall be performe1 so that no violations of state water quality standards, statutes, or rules occur.

2. Erosion and sedi~ent control practices must utilize Best Management Practic~s (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards:
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a. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow pit sites, and waste pile (spOil) projects, including contractor-owned or
leased borrow pits associated with the project.
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b. For borrovy:pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Ma'nual.
c. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
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N.?j1hCarolina
;VnlJlfnll!l

North Carolina Division ofWateJjQuality 610 East Center Ave., Suite 301 MooresviIle, NC 28115 Phone [phone]
Internet h2o.enr.state.nc.us ' FAX [phone]
An Equal Opportunily/Affinnative Actipn Employer - 50% Recycled/10% Post Consumer Paper

Customer Service
1-877-623-6748

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3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the Certificate of
Completion form.

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 1508 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,

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for Alan W. Klimek, P.E.

AKlaj

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Central Files
Paul Pettigout

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~ Nortp Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director

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MEMORANDUM

FROM:

Cyndi B. Karoly, Supervisor
i 401 Oversight and Express Permits Unit
i . NCDWQ Wetlands and Stonnwater Branch

\ ' Ron Linville, Regional Coordinator ~
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I Habitat Conservation Program

TO:

DATE:

March 29, 2005

~rjg@@UW[g@

MAR .3 1 7005
WEn.NNR ;, WATER QUr'\lITY
DS/.iD STORMWATER fiRAtiCH

SUBJECT: I Review of an application for Moore Property, DWQ # 050488, Mecklenburg County
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The applicant is'requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The
NCWRC has reviewed information provided by the applicant and field biologists on our staff are familiar with
habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water
Act of 1977 (33 ,U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.c. 661-667d).

The project is indicated to be filled for a potentially dangerous area as elderly and young live near the wetlands
proposed for f1l1\ . The consultant indicates that these dangers are related to physical and biological (mosquito)
threats. Wetland impacts are indicated to total 0.1866 acres. Reportedly, sewer construction has caused increased
inundation of these wetlands.

Based on our review of the submittal, we will not object to the project although we are concerned about suggestions
tllat wetlands caUse significant physical and biological concem It is our understanding that natural wetlands support
predators that reduce mosquito presence. It appears that sewer installations destroy natural wetland habitats through
the removal of rumve plant species and translocation of wetland attributes to the extent that noxious conditions often
occur. Due to this concern and to maintain stream channel stability, we routinely recomnlend tllat sewer lines be
installed at the base of sloped areas along an edge of the floodplain where impacts to wetlands can often be avoided.
Isolated wetlandS that function under natural conditions normally provide significant nutrimental values to area
wildlife like wa<kg birds, migratory and upland birds as well as small mammals. '
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Thank you for the opportunity to review and comment on this project. If you have any questions regarding these
comments, please contact me at 336/769-9453.

Ec: Alan Jolmson, DWQ-MRO
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Mailing Address: Division oflnland Fisheries · 1721 Mail Service Center · Raleigh, NC 27699-1721
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Telephone: [phone] · Fax: [phone]

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3/21/05

Triage Check List

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Date:

Project Name: Moore Property
DWQ#: 05-0488
County: Mecklenburg

To: Alan Joh~son, Mooresville Regional Office

FlLf COpy

60-day ~rocessing Time: 3/18/05 to 5/16/05
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From: Cyndi ~roly Telephone: [phone]

The file attached is being forwarded to your- for your evaluation.
Please call if you need assistance.

D Stream l~ngth impacted
D Stream determination
D W etlan~ determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigatipn Ratios
Ditching
D Are the ~tream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
D Cumula~ive impact concern

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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 admi~istrative 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
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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!

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Ms. Cyndi Karoly
NC Divisifm of Water Quality
Wetlands Unit
2321 Crab~ree Boulevard, Suite 250
Raleigh, NC 27604-2660
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ENVIRONMENTAL SERVICES. INC.
9600-G SOUTHERN PINE BOULEVARD
CHARLOTTE. NORTH CAROLINA 28273

704-523-7225 . FAX [phone]

PA YM ENT
RECEIVEril 504 8 8

www.esinc.cc

17 March 2005

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RE: Isolated Wetlands Permit Application
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Moore Property
Mecklenburg County, North Carolina
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Dear Ms. !faroly:

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MAR 1 8 2005

Wt:TI ~,~NR - WATER QUALITY
"I;ILi\I'/uS~D STORMWATER BRANCH

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Enclosed, please find seven copies of the isolated wetlands permit application and
supporting'documentation for the aforementioned project. Additionally,: please find the
attached check in the amount of $200.00 for the permitting application fees and the agent
authorization letter, allowing ESI to act on behalf of Mr. and Mrs. Moore. Should you
have any qhestions, please give me a call [phone] or email ([e-mail]).
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Sincerely,

. ENVIRONMENTAL SERVICES, INC.

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S. Paul Petitgout ~
Vice President

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Enclosures!
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JACKSONVIL~E · ST. AUGUSTINE. COCOA. JUPITER. DESTlN . SAVANNAH. ATLANTA. RALEIGH. CHARLOTTE

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NC Divisi~n of Water Quality
401lWetlahds Certification Unit
Attention: I Ms. Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27604
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March 17, 2005

RE: Agent Authorization
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Dear Ms. Karoly:
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We hereb~ authorize Environmental Services, Inc. to act on as our agent with regard to
the Moore Property Project, located in Mecklenburg County, North Carolina. Should you
have any questions, please do not hesitate calling me.

Sincerely,
~ iJt!~ flz~'
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Ms. Mary Oates Moore

&a:f- 11~.

Mr. Ernest Moore

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PRE~CONSTRUCTION NOTIFICATION PURSUANT TO
1 DWQ ISOLATED WETLAND PERMIT
I MOORE PROPERTY
CHARL0TTE, MECKLENBURG COUNTY, NORTH CAROLINA
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ESI Project No. ET05028.00

March 17,2005

For

MOORE PROPERTY
1225 Gum Branch Road
Charlotte, NC 28214

BY

ENVIRONMENTAL SERVICES, INC.
9600-G Southern Pine Boulevard
Charlotte, NC 28273
704-523-7225

www.esmc.cc

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Table of I Con tents I
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Executive shmmary. .................... ..... ........ .......... .............. ...... .............. ..........l.................. .... ......... .......1

Existing Conditions.........................................................................................l......................................2
Current Land Use 2
Jurisdictional Det~'~i~~t'i;~""''''''' ............................... ................. ......... ..j.......... ............................2
Agency Correspondence ...........:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::I:::::::::::::::::::::::::::::::::::::3

;:::~~d~;~~~:.~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~
Purpose and Need for the Proj ect.......... .............. .................. ......... ............. ....l. ........ .............. ....... .......3
Avoidance and Minimization 3
Proposed Impacts to J urisdicti~~~i.w~t~~~::::::::::::::::::::::::::::::::::::::::::::::::::::1::::::::::::::::::::::::::::::::::::3
Compensatory Mitigation................................................................................l.....................................4
References I i I 4
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List of Attachments

Attachment A - Figure 1. USGS Site Location Map
Attachment A ,- Figure 2. Mecklenburg County Polaris 2002 Aerial
Attachment 1\j- Figure 3. Wetland Area Delineation Map I
Attachment ~ 7- Pre-Construction Notification Application - DWQ Isolated Wetland Permit
Attachment C :.... Routine On-Site Data Form
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Executh;e Summary

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The MooreiProperty project is located in Charlotte, off Gum Branch Road, near its intersection
with Bellhayen Boulevard, Mecklenburg County, North Carolina (Attachment A - Figures 1 & 2).
The purpOSl1lof the proposed work is to fill a potentially dangerous area.: The applicants, who live
on site, are ~lderly and keep their grandchildren. These small, isolated wetland areas are also a
severe breeding ground for mosquitoes. These small wetland areas pose a threat both physically
and biologic'ally to the applicants. Environmental Services, Inc. (ESI) has been contracted by Mr.
and Mrs. Moore to provide permitting services for this project (Attachment B).

The results ~If the on-sit.e field investigation conducted by ESI indicat~ that there is three small
wetland are~ present on-site (Attachment A - Figure 3). The applicants propose to fill the area in
order to brirtg the area up to grade with the rest of their property. L9ads of clean fill will be
brought in to fill the area by large trucks and the material will be spread and compacted by dozers
or other large pieces of equipment. Mitigation should not be required for this project because of
the project size (0.1866-acre of impact) which is less than the mitigation threshold proposed by
DWQ (1.0 -acre). .
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Additionally ~he US Army Corps of Engineers (USACE) has determined these wetland areas to be
isolated in nature. Therefore, these wetland areas fall outside of US ACE jUrisdiction.

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The Moore .Property project is located in Charlotte, off Gum Branch Road, near its intersection
with Bellhav~n Boulevard, Mecklenburg County, North Carolina (Attachment A - Figures 1 & 2).
The purpose of the proposed work is to fill a potentially dangerous area.! The applicantst who live
on site, are blderly and keep their grandchildren. These small, isolated wetland areas are also a
severe breeding ground for mosquitoes. These small wetland areas pos~ a threat both physically
and biologi6ally to the applicants. Environmental Services, Inc. (ESI) has been contracted by Mr.
and Mrs. Moore to provide permitting services for this project (Attachment B).
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Current Uand Use :

The site wls historically pastureland and is now successional with emergent, hydrophytic
vegetation. fA temporary road/permanent sewer line has recently been put in this area, and is
acting as a b~hn that is trapping runoff and causing water to perch on the play subsurface. The site
is bordered by the I -485 corridor to the east and south, and residential areas to the west and north.
According to the USDA Soil Survey for Mecklenburg County, on-site soils consist of
Mecklenburg fine sandy loam (MeD) and Monacan loam (MO). Mecklenburg soil types are well
drained and exhibit slow permeability and medium water capacity, and Monacan soil types are
somewhat poorly drained and exhibit moderate permeability and high water capacity.

Jurisdictiohal Determination
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On-site jurisdictional waters of the U.S., as defined by the U.S. .An:lly Corps of Engineers
(USACE), were evaluated utilizing the Routine On-Site Determination Method. This method is
defined in the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory
1987). Based ,on this approach, there are three jurisdictional wetland areas within the project limits
(Attachment C). However, since these wetland areas have been determined to be isolated by the
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USACE, and therefore unregulated by the USACE, only a NC DWQ Isolated Wetlands Permit is
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being sout. All of these isolated wetlands, totaling 0.1866 acre, will be impacted by this project.
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The results of the on-site field investigation indicate that there are ~o jurisdictional stream
channels within the project limits.

Purpose a~d Need for the Project
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The purpose of,the proposed work is to fill a potentially dangerous area. The applicants, who live
on site, are elderly and keep their grandchildren. These small, isolated ~etland areas are also a
severe breeding ground for mosquitoes. These small wetland areas pose a threat both physically
and biologically to the applicants.

Avoidance and Minimization

In this instance\ avoidance and minimization are not an option. These smJl isolated wetlands are
the result of cohstruction activities near the site that have created a berm that traps water. These
water areas ha~le. become a danger to the elderly owners of the property arid there grandchildren.
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In this particular case avoidance and minimization relates to the owners of the property. In order
to avoid the. possibility of an accident occurring to themselves or their family, the wetlands need to
be filled.

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Propose~ Impacts to Jurisdictional Waters
There will J1 impacts to three separate isolated wetland areas. They will be filled with clean fill
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material. On behalf of Mr. and Mrs. Moore, ESI is submitting a Pre-Construction Notification
application with attachments in accordance with the DWQ Isolated Wetlands Permit (Attachment
B).

Table 1. Summary of Proposed Impacts

Jurisdictional Activity Area of
Impact
Area (acres)
WA Fill 0.0969
WB Fill 0.0475
DOT Fill 0.0422
Total 0.1866

Compensatory Mitigation
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Mitigation should not be required for this project because of the project size (0.1866-acre of
impact) which is less than the mitigation threshold proposed by DWQ (1.0, -acre).
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REFERENCES

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Environmental Laboratory. 1987. US Army Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg,
Mississippi. ,

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Location Map
Moore Property
Mecklenburg County, North Carolina

Figure:

Project: ET05028.00
Date: Mar 2005

Source: Mecklenburg Coun1y GIS

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2002 Aerial Photograph
Moore Property
Mecklenburg County, North Carolina

Figure: 2
Project: ET05028.00

Date:

Mar 2005

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Source: State Plane NAD83
North Carolina, FIPS 3200 (feet)

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Wetland Acreage
Moore Property
Mecklenburg County, North Carolina

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Project: ET05028.00
Mar 2005

Date:

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ATTACHMENT B

Pre-Construction Notification Form
DWQ Isolated Wetland Permit

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MAR 1 ~ 2005

PAYMENT
RECEIVED

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ER QUAl-In'
Office Use OnJy: ~>>IDST 'Form Version May 2002'"

USACEActiolIIDNo. DWQNo.' 0'6'0488
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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Processing

1. Che~k all of the approval(s) requested for this project:
D Section 404 Permit D Riparian or Watershed Buffer Rules
D ~~ction 10 Permit [gI Isolated Wetland Permit from DWQ
D 40 1 Water Quality Certification I

2. NatJ~wide, Regional or General Permit Number(s) Requested: 'N/A

3. Ifthi~inotification is solely a courtesy copy because written appro~al for the 401 Certification
is not required, check here: D i

4. IfPaJLent into the North Carolina Wetlands Restoration progranl (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

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5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), arid the project is within a North Carolina Division of Co~tal Management Area of
Envirolunental Concern (see the top of page 2 for further details), check here: D
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II. Applicant'Information '
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1. Owner/Applicant Information
Name: Mr. and Mrs. Moore
Mailing Address: 1225 Gum Branch Road
II Charlotte, NC 28214
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Telephone Number: [phone] Fax Number: N/A
E-mail Address: N/ A
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2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be 'attached if the Agent has signatory authority for the owner/applicant.)
Name: II Paul Petitgout .
CompaUY Affiliation: Environmental Services. Inc.
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Mailin& :Address: 9600-G Southern Pine Blvd.
I i Charlotte, NC 28273

Telephone Number: [phone]
E-mail Address:[e-mail]
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Fax Number: [phone]

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III. Project Information

Attach ~ vicinity map clearly showing the location of the property with respect to local
landmarks such as townst 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 sitel plan must include a scale and north arrow. The specific! footprints of all buildings,
imperviQus surfaces, or other facilities must be included. If possibld, the maps and plans should
include ~he 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 '~s the property is clearly defined. For administrative and distribution purposes, the
USACE I requires information to be submitted on sheets no larger than 11 by 17-inch format;
howeverl \ 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 t~ a small scale such that the final version is illegible, the applicant will be informed that
the proje~t has been placed on hold until decipherable maps are provided.
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1. Name of project: Moore Property

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. propek Identification Number (Tax PIN): 03138166
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4. Location
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County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): Stonev Pointe
Directions to site (include road numbers, landmarks, etc.): From 1-85, take HWY 16 north
. (Brookshire Freeway) out of Charlotte. At approximatelv 2.5 miles, take left on Bellhaven
Boulevard. At approximately 1 mile, take left on Gum Branch Road. Take Gum Branch
Road to the 1-485 corridor.

5. SitecoUrdinates, if available (UTM or Lat/Long): 350 17' 56" N 800 57' 29" W
(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.)
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6. Property size (acres): 5.08
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7. Neares( body of water (stream/river/sound/ocean/lake): Long Creek
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8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated'major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

9. Describ~: the existing conditions on the site and general land use in the vicinity of the project
at the tiMe of this application: The site was historically pastureland and is. now
successional with emergent, hydrophytic vegetation. A temporary road/permanent sewer line
has recehtly been put in this area, and is acting as a berm that is trapping runoff and causing

IV.

v.

VI.

, I
II

II

I
water to perch on the clav subsurface. The site is bordered by the 1-485 corridor to the east
andisouth. and residential areas to the west and north.

1 O. Desl~ibe the overall project in detail, including the type of equipment to be used: The small
wetl~nd areas on the site are present because of past fill activities associated with the
construction of 1-485 and a sewer line. The applicants proposes to fill the area in order to
bring the area up to grade with the rest of their property. Loads1of clean fill will be brought
in to fill the area by large trucks and the material will be spread and compacted by dozers or
other large pieces of equipment.
\ I
11. Explain the purpose of the proposed work: The purpose of the I proposed work is to fill a
poteAtially dangerous area. The applicants. who live on site. 'r are elderly and keep their
grandchildren. These small. isolated wetland areas are also a severe breeding ground for
mosquitoes. These small wetland areas pose a threat both physically and biologically to the
applicants.

P. P \. H'
nor rOJect lStory
\! I
If jurisdictional determinations and/or permits have been requeste~ 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 wetlandt stream and
buffer impactst 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
I' I
construction schedules.
No previo~s permits have been sought by applicant on this property.
Ii
Future Project Plans
I

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No I ' I
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Proposed fmpacts to Waters of the United StateslWaters of the Stat,e
\ i '
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 tempor~ry, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All w~tlands and waters, and all streams (intermittent and pererniial) must be shown on a
delineation'map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation ~d delineation forms should be included as appropriatel 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.

I \ II
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1. Provide a written description of the proposed impacts:There will be impacts to three separate
wetlands. They will be filled with clean fill material. I

2. Indi~idually list wetland impacts below:
I

Wetland Impactl Area of Located within Distance to
Site Number : I Type ofImpact* Impact 100-year Floodplain** Nearest Str~am Type of Wetland***
(indicate on map) I (acres) (yes/no) (linear feet)
WA II Fill 0.0969 Yes 300 I SuccesssionallIsolated
WB II Fill 0.0475 Yes 315 I SuccesssionallIsolated
DOT I' Fill 0.0422 Yes 315 SuccesssionallIsolated
I

* List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooqing, 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 htto:IIWWw.fema.gov. I
*** List a wetland o/i>e that best describes wetland to be impacted (e.g., freshwater/saltwater m~sh, forested wetland, beaver pond,
Carolina Bay, bo~ etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: 0.1866
TotaLarea of wetland impact proposed: 0.1866
I
3. Indiv~dually list all intermittent and perennial stream impacts below:
II f,

Stream Impact I Length of Average. Width Perennial or
I
Site Number i Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)

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 activi.ties (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 c~ 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. ~,everal internet sites also allow direct download and printing of USGS "fmaps (e.g., WWW.tooozone.com.
www.mapquest.com. etc.). i
i I

Cumulative impacts (linear distance in feet) to all streams on site:

I
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Ii

*

Open Water Impact I Area of Name of Water body I Type of Water body
Site Number Type ofImpact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)

*

List each impact separately and identifY temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond cteation
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VII.

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If cQnstruction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be d~scribed here and illustrated on any maps included with this application.
Pon~ to be created in (check all that apply): D uplands [] stream D wetlands
Describe the method of construction (e.g., dam/embankment, 'excavation, installation of
draw~down valve or spillway, etc.): i
II i
Proposed use or purpose of pond (e.g., livestock watering, irrigationt aesthetic, trout pond,
local stormwater requirement, etc.): .
I
, Size Of watershed draining to pond:
1'1
Impact Justification (Avoidance and Minimization)
I:
Specifica~ly 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
technique~ to be followed during construction to reduce impacts.
In this instance In this instance avoidance and minimization are not an option. These small
isolated wetlands are the result of construction activities near the site' that have created a berm
that traps water. These water areas have become a danger to the elderlv owners of the property
and there grandchildren. In this particular case avoidance and minimization relates to the owners
of the property. In order to avoid the possibility of an accident occurring to themselves or their
family, the wetlands need to be filled. '

Moo . I
ItlgatIo~

DWQ - IJ ,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.
I
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 tp ensure that adverse effects to the aquatic environmen~ are minimal. Factors
including sl~e and type of proposed impact and function and relative value of the impacted
aquatic resQurce 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
I' I
and/or uplaqd 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. I
I \ I

Expected pond surface area:
i

VIII.

If mitigation is required for this project, a copy of the mitigation pl~ must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking ~I required mitigation plan or NCWRP concurrence sh~ll be placed on hold as
incomplet~. 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
, I
http://h2o.enr. state.nc. us/ncwetlands/strmgide.html.
I!
1. Provide a brief description of the proposed mitigation plan. The aescription should provide
as m~ch information as possible, including, but not limited to: site location (attach directions
and/ot'map, if offsite), affected stream and river basin, type and aInount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
prese&ation mechanism (e.g., deed restrictions, conservationl easement, etc.), and a
description of the current site conditions and proposed method of qonstruction. Please attach
a separate sheet if more space is needed.
Mitigation should not be required for this proiect because of the proiect size (0.1 866-acre of
impact) which is less than the mitigation threshold proposed bv DWQ (1.0 -acre).
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2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility'to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NG~RP is proposed, please check the appropriate box on page three and provide the
followmg information: I .

Jount of stream mitigation requested (linear feet): I
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. Environm~ntal Documentation (required by DWQ) I

Does the Jroject involve an expenditure of public (federaVstate) fuJds or the use of public
.: 1
(federaVstate) land? .
Yes' D No [:8J

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If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If y~u are not sure whether a NEP A/SEP A document is r~quired, call the SEP A
coordinator'Jt [phone] to review current thresholds for environm~ntal documentation.
YeslD No D
I
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.

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ies D No D I
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x. Propose4Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the lPPlicant'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
justificati8n 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. '
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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 (please identify i N/A )?
Ye,$ D No D If you answered "yes", provide the following information:

Identify tJi square feet and acreage of impact to each zone of the r~parian buffers. If buffer
mitigation: is required calculate the required amount of mitigation by applying the buffer
multipliers.
I

I, Zone* Impact Multiplier Requ~ed
(square feet) Mitigation
i I 1 3 "
! I 2 1.5 !
I Total !
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*

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
,additional 20 feet from the edge of Zone I. '

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If buffer mitigation is required, please discuss what type of mitigation i~ 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 l5A NCAC 2B .0242 or .0260.
N/A I
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XI.

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Stormwate~: (required by DWQ)
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Describe iJbervious 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. ,
There is no' impervious surface on the site. All appropriate sediment and erosion control
measures will be taken. I
II
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XII.

XIII.

XIV.

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Sewage ;Disposal (required by DWQ)
1 ,
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.
N/A II I
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II I
Violation~ (required by DWQ) !

Is this sit~1 in violation ofDWQ Wetland Rules (15A NCAC 2H .0500j or any Buffer Rules?
Yes 0 No l2J

Is this an Ilfter-the-fact permit application?
Yes 0 No l2J

Other Ci~cumstances (Optional):

It is the 11plicant'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).
The applicant would like to complete this proiect durin~ cooler weather to reduce the potential
for mosquitoes and there is less danger of iniury during the cooler months because more time is
spent inside rather than outside. .

3. il,65

Applicant/ Agen i ature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

1\ '

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 CE Wetlands Delineation Manual)

DOT Wetland (Upland)
W A Upland
WB Upland

Project/Site: Blythe - 1-485 Waste Area Date: 7/7/2004 <
Applicant/Owner: Blythe Construction County: Mecklenburg !
Investigator: 1 Environmental Services, Inc. State: NC
Do normal circumstances exist on the site? f.tlYes r 1 No Community ID: successional
Is the site significantly disturbed (atypical situation)? DYes 0No Transect ID: WB'
Is the area a potential proble~ area (If needed, explain)? Plot ID: Upland
DYes 0No ,
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VEGETATION

\. I
1
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DOMINANt' STRATUM INDICATOR DOMINANT STRATUM INDICATOR
I
PLANT SPECIES PLANT SPECIES
1. winged elm I shrub FACU+ 7. honeysuckle vine FAC-
Ulmus rubra I Lonicera japonica :
2. blackberry \ \ shrub FACU+ 8. trumpet creeper I vine FAC
I
Rubus argutus Campsis radicans I
I
3. bushclover \ 1 shrub NI 9. \
Lespedeza cuneata
4. soft rush I herb F ACW+ 10.
Juncus effusus i
5. button bush I herb OBL 11.
Cephalanthus occidenta/is
6. goldenrod I herb - 12.
Solidago spp. I ,
Percent of dominant species that are OBL, F ACW, or F AC (Excluding F AC-): 50% I
. I! I
Remarks The hydrophytic vegetation requirement has been met.
I

HYDROLOGY

D RECORDED DATA (DESCRIBE IN REMARKS): WETLAND HYDROLOGY INDICATORS
S Lak I: T"d G Primary Indicators: I
D trearn, e, pr 1 e age D Inundated
I'
D Aerial Photographs D Saturated in Upper 12 Inches
D Other II D WaterMarks
D Drift Lines
o NO RECORDED DATA AVAILABLE D Sediment Deposits
I! D Drainage Patterns in Wetlands
FIELD OBSERVATIONS Secondary Indicators (2 or more required):
D Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0" D Water-Stained Leaves [
D Local Soil Survey Data
Depth to Free Water in Pit; 18" D FAC-Neutral Test
Depth to Saturated Soil: I D Other (Explain in Remarks)
18" .
Remarks: The hydrologic criterion has not been met.
I

. '.

SOILS

MAP UNIT NAME (Series and Phase): DRAINAGE CLASS: somewhat poorly drained
Mapped as Monacan \:
TAXONOMY (SUBGROtJp): FIELD OSERV ATIONS: Confirm Mapped Type?
. . i i DYes o No
Fluvaquentlc Eutrochrepts
I PROFILE DESCRIPTION
Depth (inches) \ H";,,. Matrix Color Mottle Color Mottle Texture, Concretions,
i
(Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
I
0-1" ! 2.5Y 4/3 i Clay loam
1-18"+ ! 7.5YR4/4 lOYR4/3 common, faint Clay
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HYDRIC SOIL INDICATORS: I
\ I
D Histosol I o Organic Streaking in Sandy Soils
o Concretions I ! D Listing on National Hydric Soils List
D Histic Epipedon D Listed on State or Local Hydric Soils List
D High Organic Content in Surface Layer in Sandy Soils o Gleyed or Low Chroma
D Reducing Conditions D Color
D Aquic Moisture Regime D Other (Explain in Remarks)
D Sulfidic Odor.
I i
Remarks: The hydric soil criterion has not been met.
Ii

\1

WETLAND DETERMINATION

Hydrophytic Vegetation Present? o Yes DNo Is this Sampling Point
Within a Wetland? DYes 0No
Wetland Hydrology Present? \ DYes 0No
Hydric Soil Present? DYes 0No
I
Remarks: Data point is n9tjurisdictional. ,
I I

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 CE Wetlands Delineation Manual)

WB Wet

Project/Site: Blythe - 1485 Waste Area Date: 7/7/2004 [
Applicant/Owner: Blythe Construction County: Mecklenburg i
Investigator: \ Environmental Services, Inc. State: NC ,
Do normal circumstances exist on the site? l",lYes r l No Community ID: successional
Is the site significantly disturbed (atypical situation)? DYes 0No Transect ID: WB
Is the area a potential problem area (If needed, explain)? Plot ID: wetland
DYes 0No :
!
:

VEGETATION

DOMINANT! STRATUM INDICATOR DOMINANT STRATUM INDICATOR
PLANT SPECIES PLANT SPECIES
1. soft rush I shrub FACW+ 7. I
I \
Juncus effusus II
2. cattail II herb OBL 8.
Typha tatifalia
3. various sedges . , tree - 9.
Carex spp.
4. \ ! 10. I
I
5. Ii, 11. i
6. \ ! 12.
Percent of dominant speCies that are OBL, F ACW, or F AC (Excluding F AC-): 67%
I
Remarks The hydrophytic vegetation requirement has been met. i
I

HYDROLOGY

\ \

U RECORDED DATA (DESCRIBE IN REMARKS): WETLAND HYDROLOGY INDICATORS
I Primary Indicators: I
I .
D Stream, Lake, or TIde Gage D Inundated
D Aerial Photographs o Saturated in Upper 12 Inches
D Other D Water Marks
I D Drift Lines
o NO RECORDED DATA ~ V AILABLE D Sediment Deposits
II D Drainage Patterns in Wetlands
I
FIELD OBSERVATIONS Secondary Indicators (2 or more required):
D Oxidized Root Chann~ls in Upper 12 Inches
Depth of Surface Water: 0" D Water-Stained Leaves
D Local Soil Survey Data
Depth to Free Water in Pit: 0" D FAC-Neutral Test
II D Other (Explain in Remarks)
Depth to Saturated Soil: 0" I
Remarks: The hydrologic ~riterion has been met. I
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SOILS

MAP UNIT NAME (Series, and Phase):
Mapped as Monacan II
TAXONOMY (SUBGROUP):
FluvaQuentic Eutrochrepts

DRAINAGE CLASS:

somewhat poorly drained

i I

FIELD OSERV ATIONS: Confirm Mapped Type?
DYes 0 No
PROFILE DESCRIPTION i

Depth (inches)

Horizon

Matrix Color
(Munsell Moist)

Mottle Color
(Munsell Moist)

Mottle i
Abundance/Contrast
!

Texture, Concretions,
Structure, etc.

0-19"+

,

2.5Y5/2

7.5YR4/4

many, distinct

sandy clay loam

i
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,

HYDRIC SOIL INDICATORS:
D Histosol
D Concretions I
D Histie Epipedon
I'
D High Organic ,Content in Surface Layer in Sandy Soils

D Reducing Co~ditions

D Aquic Moisture Regime

D Sulfidic Odor
I

D Organic Streaking in Sandy Soils
D Listing on National Hydric Soils List
D Listed on State or Local Hydric Soils List
o G1eyed or Low Chroma I'
D Color
D Other (Explain in Remarks)

Remarks:

The hydric soil criterion has been met.

I.

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WETLAND DETERMINATION

Hydrophytic Vegetation Present? o Yes DNo Is this Sampling Point
\ Within a Wetland? o Yes DNo
Wetland Hydrology Present? o Yes DNo
Hydric Soil Present? o Yes DNo I
Remarks: Data point is jqrisdictional. :
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 CE Wetlands Delineation Manual)

WA Wet
DOT wet

Project/Site: Blythe - 1-485 Waste Area Date: 7/7/2004 I
Applicant/Owner: I Blythe Construction County: \1ecklenburg I
Investigator: I Environmental Services, Inc. State: NC
Do normal circumstances exist on the site? IJlYes r l No Community 10: successional
Is the site significantly distUrbed (atypical situation)? DYes 0No Transect 10: WAi
Is the area a potential problem area (If needed, explain)? Plot 10: Wetland
, I
DYes 0No i I
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VEGETATION

\ \

DOMINANT' STRATUM INDICATOR DOMINANT STRATUM INDICATOR
PLANT SPECIES PLANT SPECIES
1. cattail \ I shrub OBL 7.
Typha latifolia
2. soft rush \1 herb F ACW+ 8.
Juncus effusus ' !
3. buttonbush I, herb OBL 9.
I
Cephalanthus occidentalis
4. swamp smartweed herb OBL 10.
Polygonum hydropiperoides
5. I 11. I
6. \ i 12. I
Percent of dominant species that are OBL, F ACW, or F AC (Excluding F AC-): 100% I
I
Remarks The hydrophytic vegetation requirement has been met.
I

HYDROLOGY

D RECORDED DATA (DESCRIBE IN REMARKS):

D ak II 'd G
Stream, L e'l or Tl e age
D Aerial Photo~~phs
D Other \ '

o NO RECORDED DATAA V AILABLE

FIELD OBSERVATIONS

Depth of Surface Water: \ \
Ii
Depth to Free Water in Pit: 0"

Depth to Saturated Soil: \' 0"
Remarks: The hydrologic criterion has been met.
I

4-6"

WETLAND HYDROLOGY INDICATORS
Primary Indicators: I
o Inundated I
o Saturated in Upper 12 Inches
D Water Marks .
D Drift Lines
D Sediment Deposits
D Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
D Oxidized Root Chandels in Upper 12 Inches
D Water-Stained Leaved
D Local Soil Survey Data
D FAC-Neutral Test I
D Other (Explain in Remarks)

Significant poritons of the wetland were inundated.

I

I

I

SOILS

MAP UNIT NAME (Series and Phase): DRAINAGE CLASS: somewhat poorly drained
Mapped as Monacan Ii
TAXONOMY (SUBGROUP): FIELD OSERV ATIONS: Confirm Mapped Type?
I DYes [] No
Fluvaquentic Eutrochrepts
PROFILE DESCRIPTION I
I I
Depth (inches) Horizon Matrix Color Mottle Color Mottle I Texture, Concretions,
(Munsell Moist) (Munsel1 Moist) Abundance/Contrast Structure, etc.
i
0-19"+ i 7.5YR4/4 2.5Y3/4 common, faint clay loam
I :
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HYDRIC SOIL INDICATORS: i
D Histosol \ 1 o Organic Streaking in Sandy Soils
D Concretions . i D Listing on National Hydri.c Soils List
D Histic Epipedon D Listed on'State or Local Hydric Soils List
D High Organiq Content in Surface Layer in Sandy Soils D Gleyed or Low Chroma I
D Reducing Conditions D Color I
D Aquic Moisture Regime I
D Other (Explain in Remarks)
II
D Sulfidic Odor i I,
II
Remarks: The hydric soil criterion has not been met.
1\ I

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WETLAND DETERMINATION

Hydrophytic Vegetation Present? [] Yes DNo Is this Sampling Point
Within a Wetland? []Yes DNo
Wetland Hydrology Present? [] Yes DNo
Hydric Soil Present? DYes []No ,
Remarks: Hydric soils were not present. However, due to inundation and presence ofhydrophytic vegetation,
area was delineated as jurisdictional. i

NC DIVISION OF WATER

Tran # Invoice
66214 Application

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Date:

Date

Reference

03/16/05 Water Qual. fee-Moore Proper1

3/16/2~051
Balancel
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$200.

Check Number:
Check Amt:

Discount

$0.00

Ls 5 001\
6500j::J
200.00

050488