20061341 Ver 1_WRC Comments_20060918

~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cyndi B. Karoly, Supervisor
401 Oversight and Express Permits Unit ;.~ ~" fi F ~ ° ~
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NCDWQ Wetlands and Stormwater Branch S~~
2006
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FROM: Ron Linville, Regional Coordinator /
Habitat Conservation Program - ITY
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DATE: September 15, 2006
SUBJECT: Review of an application by Olmstead Subdivision, DWQ No. 20061341, Clarke Creek
and Unnamed Tributaries Ferrelltown Creek, Mecklenburg County
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 to develop a 74 acre tract into a residential subdivision and construct approximately 14,513
linear feet of sewer line. According to the application, the Natural Heritage Program indicated that there
are "several records of rare species, significant natural communities, or priority natural areas within 0.5
mile of the site." It appears that the project will be done as required by Charlotte-Mecklenburg Utilities
Division (CMUD). Nationwide Permit 12 and Nationwide Permit 39 are being requested for the utility
and stream culverting needed for the development. Culvert impacts are indicated as being reduced
through the use of a 315 linear foot bottomless culvert although an unspecified relocation will provide a
net gain of 105 linear feet of new channel. Net utility line impacts are indicated to be 480 linear feet of
stream and total net impacts are indicated to be 1401inear feet.
Our review of the project area indicates that the Carolina darter, Etheostoma Collis (NCSC/FSC) and the
Carolina creekshell, Villosa vaughaniana (NCE/FSC) is known for this area of the county. No nest sites
or habitats are indicated for the Bald eagle. Potential habitats are indicated for the Carolina heelsplitter,
Lasmigona decorata (NCE/FE). Several listed plant species are indicated as potential for the area;
however, plants are not part of our agency's review.
Based on our review of the submittal, we are not aware of any reason to object to the project based on
current knowledge of the area. We are concerned that potential habitats are present for the Carolina
heelsplitter and that certified biological surveys have not been done. Although we are not aware of any
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] • Faz: [phone]

Olmstead Subdivision & Sewer -Page 2 - September 15, 2006
listed animal species in the area, the following non-prioritized recommendations are provided for your
consideration:
1. Prior to permit and certification issuance, suitable habitats for the Carolina heelsplitter should
be reviewed by certified mussel biologists. This recommendation is based on the consultant's
indication that suitable habitats are present. If any heelsplitter specimens (live or dead) are
found, Mr. John Fridell with the US Fish and Wildlife Service in Asheville should be
contacted immediately.
2. Sediment and erosion control measures should adhere to the' design standards for sensitive
watersheds (15A NCAC 4B .0124).
3. Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts
less than 48 inches diameter should be buried to a depth equal to or greater than 20% their
size to allow for aquatic life passage. These measurements must be based on natural thalweg
depths.
4. Jurisdictional streams, wetlands and highly erodible area buffers should be maintained or
restored as undisturbed forested buffers. In watersheds supporting listed species, these
buffers should be minimum 100' for intermittent channels and 200' for perennial channels.
In watersheds without listed species, these buffers should be minimum 50' and l00'
respectively. Buffers should be permanently preserved as common conservation areas
instead of subdivided. Where practicable, impacted streams should be relocated using state-
of-the-art natural channel design and native vegetation instead of piping the streams. Local
authorities should keep sewer lines, water lines, and other utilities out of riparian buffers.
5. Stormwater management should maintain, to the extent possible, pre development
hydrographic conditions. Stormwater control measures should be implemented before
impervious surfaces reach 10% for most watersheds and 6 % for watersheds with listed
species present downstream. Low Impact Development techniques are encouraged for all
new developments and redevelopment efforts. Maintenance of hydrographic issues is needed
to reduce downstream channel destabilization and bank erosion. Stormwater management
ponds should be forested (excluding dams) with native plants to reduce thermal impacts to
waters and offset or mitigate for lost habitats.
6. Mitigation for long bottomless arch culverts should be provided if the culvert disrupts
streambeds and streambanks, diminishes stormwater passage, or reduces habitat values.
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.
E-copy: Amanda Jones, USACOE, ARO
Alan Johnson, DWQ, MRO

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Andrew McCoy
John Wieland Homes
8325-D Arrowridge Blvd.
Charlotte, NC 28273
Subject: Olmstead S/D and Sewer Trunk
Dear Mr. McCoy:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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OCR 1 S 2006
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Alan W. Klimek, P.E. Director
Division of Water Quality
October 11, 2006
Mecklenburg County
DWQ Project #06-1341
The Division of Water Quality (DWQ) received your application fora 401 Water Quality Certification for
the subject project on August 23, 2006, and Mr. Barry Love of this office has reviewed the application. Based
on Mr. Love's review, the following information/comments are needed by this office in order to complete our
review:
The application states that a stream relocation is proposed as part of the project and that a relocation plan
will be submitted under separate cover. A relocation plan has not been received by this office as of this
date.
Pursuant to 15A NCAC 2H .0507(h) this project will be put on hold until such time as the requested
information has been received. In addition, this office is requesting that the Army Corps of Engineers withhold
processing the 404 permit until the requested information is provided.
A written response should be submitted to this Office by December 13, 2006, addressing the above issues.
Failure to provide the requested information by the aforementioned date may result in the application being
returned as incomplete. If you have any questions, please contact Mr. Barry Love at [phone] or Mr. Ian
McMillan in Raleigh at [phone].
Sincerely,
D. Rex Gleason, P. E.
Surface Water Protection
Regional Supervisor
cc: Corps of Engineers-Asheville Office
Ian McMillan -Wetlands Unit
Central Files
Ron Johnson - CWS
No~ehCarolina
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Mooresville Regional Office Division of Water Quality Phone [phone]
Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 281 IS Fax [phone]
Customer Service
1-877-623-6748
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