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HomeMy WebLinkAbout20040379 Ver 1_COMPLETE FILE_20040310o`'oF w aT F9Q? > I LJ_WN_ ..: =1 Mr. Bob Kardos Toll Brothers, Inc. 10800 Sikes Place Suite 100 Charlotte, NC 28277 WE71ANDS / 409 GROUP April 19, 2004 DWQ# 04-0379 Union County APR 2 6 2004 WATER QUALITY SECTION APPROVAL of Water Quality Certification for Impacts to Wetlands and Stream Channels with Additional Conditions, Longview Subdivision, Phase II, Union County Dear Mr. Kardos: You have our approval, in accordance with the attached conditions, to place permanent fill in,0.43 acre of wetlands and 295 linear feet of perennial stream channel for the purpose of lot fill in order to construct the residential development at Longview Subdivision, Phase II on John Kerr Road in Union County, as described in your application received by the Division of Water Quality (DWQ) on March 10, 2004. The wetland impacts approved in this Certification are in addition to the 0.9 acre of isolated wetland impacts approved by the Division on December 1, 2003 for Phase I of this project. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before you proceed with your project, including (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Permit and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in the attached certifications, as well as the additional conditions listed below: 1. When all work included in the 401 Certification has been completed, the Applicant shall complete and return the attached "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality at the letterhead address. 2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (hap-, h?o enr statz nc us/nc,?cetiands) Customer Service #: 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality. F _{._: 0 WETLANDS / 401 GROUP Mr. Bob Kardos April 19, 2004 Page Two APR 2 6 2004 WATER QUALITY SECTION 3. The culverts required for this project shall be installed in such a manner that the original stream p-r-ofiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culvert shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or if the pipes are installed in a perched manner then the pipes shall be removed and re-installed correctly; 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 request a hearing, a written petition must be submitted, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Be advised that any stream/wetland impacts associated with any new sections/phases that are planned for this site will be considered cumulative and may require further mitigation. 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 contact Mr. Michael Parker in the DWQ Mooresville Regional Office at 704-663- 1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. Director /mlp Attachments cc: U. S. Army Corps of Engineers, Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files Wetlands/401 File Copy Carolina Wetland Services, 5000 Nations Crossing, Suite 230, Charlotte, NC 28217 WATER pG ?waym?w Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality April 19, 2004 DWQ# 04-0379 Union County Mr. Bob Kardos Toll Brothers, Inc. 10800 Sikes Place Suite 100 Charlotte, NC 28277 APPROVAL of Water Quality Certification for Impacts to Wetlands and Stream Channels with Additional Conditions, Longview Subdivision, Phase 11, Union County Dear Mr. Kardos: You have our approval, in accordance with the attached conditions, to place permanent fill in 0.43 acre of wetlands and 295 linear feet of perennial stream channel for the purpose of lot fill in order to construct the residential development at Longview Subdivision, Phase II on John Kerr Road in Union County, as described in your application received by the Division of Water Quality (DWQ) on March 10, 2004. The wetland impacts approved in this Certification are in addition to the 0.9 acre of isolated wetland impacts approved by the Division on December 1, 2003 for Phase I of this project. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before you proceed with your project, including (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Permit and approval letter and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed in the attached certifications, as well as the additional conditions listed below: 1. When all work included in the 401 Certification has been completed, the Applicant shall complete and return the attached "Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality at the letterhead address. 2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the.property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401 /Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 A NCDENR Mr. Bob Kardos April 19, 2004 Page Two 3. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culvert shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or if the pipes are installed in a perched manner then the pipes shall be removed and re-installed correctly; 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 request a hearing, a written petition must be submitted, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Be advised that any stream/wetland impacts associated with any new sections/phases that are planned for this site will be considered cumulative and may require further mitigation. 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 contact Mr. Michael Parker in the DWQ Mooresville Regional Office at 704-663- 1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. Director /mlp Attachments cc: U. S. Army Corps of Engineers, Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files Wetlands/401 File Copy Carolina Wetland Services, 5000 Nations Crossing, Suite 230, Charlotte, NC 28217 9 d SGNU-l13M-0Ma:3W0N 26892UZ6T6:131 9T:0T nH1 t,,002-32-ddU 1 ® North Carolina'Wil.dlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney, Wetland Scientist Wetlands/401 Water Quality Certification Unit Di ton 2yvapnt aer Quality FROM: t Region Coordinator S- hari L?lPle , Habitat Conservation Program DATE: 22 April 2004 SUBJECT: Pre-construction Notification Application for Toll Brothers, 143-acre Toll Brothers Site - Phase 11, Union County, North Carolina. DWQ ID: 04-0379. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document and we are familiar with the habitat values of the area. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and the North Carolina General Statutes (G.S. 113-1.31 et seq.). The applicant proposes to impact 295 linear feet (If) of perennial stream channel, 891 If of intermittent stream channel and 0.43 acre of wetlands for construction of a residential subdivision. Currently, the site consists of cleared pasture and large wooded areas. There are four jurisdictional stream channels and four jurisdictional wetlands within the project boundaries. The project will result in total impervious surface less than 30%. The applicant proposes to donate $101,000 to theN.C. Ecosystem Enhancement Program to mitigate impacts to jurisdictional areas. The project will impact unnamed tributaries to Marvin Creek, a tributary to Sixmile Creek in the Catawba River basin. There are records for the federal species of concern and state endangered Carolina creekshell (Villosa vauguaniana), and the state significantly rare Eastern creekshell (Villosa delumbris) in Sixmile Creek. We are concerned with impacts of this project on the sensitive species in this area. We hesitate to concur with the piping of stream channels due to the potential for long-term and cumulative impacts. Exposure of a stream channel to sunlight, air, and soil allows growth of aquatic and riparian vegetation that can improve water quality by taking up organic and inorganic pollutants. In addition, streams often serve as travel corridors for wildlife. Piping the channel and filling the wetlands will alter the hydrology of the existing channel and eliminate beneficial functions. Changes in land use from a primarily forested area to a suburban landscape may exacerbate channel degradation due to increased stormwater runoff. We offer the recommendations to be incorporated into the permit to reduce impacts to aquatic and terrestrial wildlife resources. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: X919) 713-7643 9 •d TIStr-6bb-966 ,4ueRja • 1 • S eac : T T tr0 ZZ jdd i4 z d SGNti-113M-0MG:3WdN 26e922Z6T6:131 LT:OT nHl b002-32-ddd Page 2 22 April 2004 Toll Brothers Phase II NCDWQ No. 040379 1. We recommend that remaining wetlands and streams on the site be protected from additional impacts by placing them in a permanent conservation easement, and by recording preserved areas on deeds. We recommend that these areas are preserved in perpetuity via donation of the casement to a land trust or similar entity and that property owners be informed of preservation status. 2. In order to minimize stream impacts, while retaining some measure of wildlife habitat, we recommend a 100-foot undisturbed, native, forested buffer along perennial streams, and a 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to fish and wildlife resources, water quality, aquatic habitat both within and downstream of the project area, and help prevent the extirpation of endangered and threatened species. In addition, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with urban stormwater. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as discussed for forested buffers. 3. If culverts must be used, the culvert should be designed to allow passage of aquatic organisms. Generally, this means that the culvert or pipe invert is buried at least one foot below the natural streambed. If multiple cells are required, the second and/or third cells should be placed so that their bottoms are at stream bankfull stage. This will allow sufficient water depth in the culvert or pipe during normal flows to accommodate movements of aquatic organisms. If culverts are long and sufficient slope exists, baffle systems are recommended to trap gravel and provide resting areas for fish and other aquatic organisms. If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. In addition, culverts or pipes should be situated so that no charnel realignment or widening is required. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water velocity causing sediment deposition that will require future maintenance. Finally, ripmp should not be placed on the streambed. 4. Concrete is toxic to aquatic life and should not be allowed to come in contact with surface waters until cured. 5. The construction of roadways and other impervious surfaces in new neighborhoods can produce short-term direct impacts as well as long-term, cumulative effects. Multiple studies have shovm that stream degradation occurs at 10% impervious (Schueler 1994; Arnold and Gibbons 1996; Doll et al. 2000; Mallin et al. 2000; May and Horner 2000; Stewart et al. 2000; Paul and Meyer 2001). To adequately protect streams, it is suggested that impervious surface is limited to less than 10% (Schueler 1994; Arnold and Gibbons 1996; Doll et al. 2400; Mawh et al. 2000; May and Homer 2000; Stewart et al. 2000; Paul and Meyer 2001). Alternatively, provide for sufficient open space to effectively reduce impervious surface so that predevelopment hydrographic conditions are maintained. To achieve no net change in the hydrology of the watershed, we recommend installation of grassed swales in place of curb and gutter and on-site stormwater management (i.e. bioretention areas). Marry of these recommendations have been applied in Maryland in efforts to protect the Chesapeake Bay from water quality degradation (MDE 2000). Information on innovative stormwater and low impact design (LID) ideas may be obtained at %,,Nviv.lowimpactdcvelWxnent.org (accessed October 2003). The N.C. Department of Transportation (NCDOT) has issued road guidelines that allow for the reduction in street widths when compared to standard secondary road guidelines. This material 1.'d T TSB-Ebb-9££ 4ueRug 11,S e££ s T T fro 22 udd 1, 8 - d Page 3 22 April 2004 Toll Brothers Phase II NCDWQ No. 040379 SONU-113M-0M0:3WHN 2689222.6%:131 eT:oT nH1 b002-22-ddd can be found at httpi//tix,Nrxv.doh.dot.state.nc.us/operations/tnd.pdf (accessed October 2003). In addition, there are site planning practices that, when incorporated with the above mentioned road building guideline, can further reduce the amount of impervious surface within a site. We recommend using the document Better Site Design (Center for Watershed Protection; http://tivww.c vro.org?; accessed October 2003) in combination with the above the NCDOT guidelines to limit impacts. 6. We recommend that landscaping consist of non-invasive native species and LID technology. Using native species instead of ornamentals should provide benefits by reducing the need for fertilizers, herbicides, and pesticides. Additionally, native species should require less water. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site. We recommend that the following measures be incorporated into the erosion and sediment control plan (see Brown and Caraco 2000 for additional information). a) Minimize clearing and grading and only perform these operations in the context of an overall stream protection strategy. b) Protect waterways by preventing clearing adjacent to waterways, and stabilize drainage ways. c) Phase construction for larger construction sites (>25 acres) to reduce the time and area that disturbed soils are exposed. d) Stabilize soils as rapidly as possible (<2 weeks) by establishing a grass or mulch cover. e) Protect steep slopes, and avoid clearing or grading existing steep slopes as much as possible. f) Establish appropriate perimeter controls at the edge of construction sites to retain or filter concentrated runoff from relatively short distances before it leaves the site. g) Employ advanced settling devices that contain design features which include wet or dry storage volume, perforated risers, better internal geometry, use of baffles, skimmers and other outlet devices, gentler side-slopes, and multiple cell construction. The system should be designed to protect against storm events of variable sizes, including the 100-yr storm event. h) Utilize LID technologies in design such as the distributed control approach, where the post development excess runoff volume is retained in discrete units throughout the site to emulate the predevelopment hydrologic regime (Prince George's County DER 1999). Management of both runoff volume and peals runoff rate would be included in the design. i) Maintain predevelopment flow rates during and after construction. j) Implement a certified contractors program so trained and experienced contractors are on-site and oversee installation and maintenance of BMPs. k) Sedimentation impacts should be minimized by regular inspection of erosion control measures, and sediment control devices should be maintained in good and effective condition at all times. Erosion and sediment controls should be reassessed after storms. The incorrect installation of erosion control structures and those not properly maintained can result in sedimentation impacts to nearby streams and wetlands. 1) We encourage the applicant to utilize onsite vegetation and materials for bank stabilization, to minimize the use of riprap (or hard stabilization methods), and to maximize the use of native vegetation for stabilization and shade. We request that matting along with vegetation be used to stabilize the side slopes adjacent to wetlands to prevent soil erosion into these sensitive areas. Thank you for the opportunity to provide input. during the planning stages for this project. If we can be of further assistance, please contact our office at (336) 449-7625. 8'd TTStr-6trb-966 queRig •q-S e66:TT ?0 2a jdd ,A 6 "d Page 4 22 April 2004 Toll Brothers Phase It NCDWQ No. 040379 Literature Cited: SGNd113M-0MG:3WdN 26892216T6:_131 8T:oT nH1 t7002-88-ddd Arnold, C. L., and C. J. Gibbons. 1996. impervious surface coverage--the emergence of a key environmental indicator. Journal of the American Planning Association 62:243-2:59. Brown, W., and D. Caraco. 2000. Muddy water in - muddy water out? Watershed Protection Techniques 2(3):393-403. Doll, B. A., D. E. Wise-Frederick, C. M. Buckner, S. D. Wilkerson, W. A. Harman, and R. E. Smith. 2000. Hydraulic geometry relationships for urban streams throughout the piedmont of North Carolina. Pages 299-304 in P. J. Wigington, Jr. and R. L. Besehta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. Mallin, M. A., K. E. Williams, E. C. Esham, and R. P. Lowe. 2000. Effect of human development on bacteriological water quality in coastal watersheds. Ecological Applications 10(4):1047-1056. May, C. W. and R. R. Horner. 2000. The cumulative impacts of watershed urbanization on strearn- riparian ecosystems. Pages 281-286 in P. J. Wigington, Jr. and R. L. Besehta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. MDE (Maryland Department of the Environment). 2000. 2000 Maryland stormwater design manual, volumes I and U. Center for Watershed Protection and MDE, Water Management Administration, Baltimore, Maryland. http•/hN,%-,N mde state and us/environmentl ma/stormw ermanuali Paul, M_ J., and J. L. Meyer. 2001. Streams in the urban landscape. Annual Review of Ecology and Systematics 32:333-365. Prince George's County, Maryland. 1999. Low-impact development hydrologic analysis. Department of Environmental Resources, Prince George's County, Maryland. Schueler, T. 1994. The importance of imperviousness. Watershed Protection Techniques. 1(3):100- Stewart, J. S., D. M. Downes, L. Wang, J. A. Wierl, and R. Bannerman. 2000. Influences of riparian corridors on aquatic biota in agricultural watersheds. Pages 209-214 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. ce: Steve Chapin, USACOE Denise Mouldenhauer, USFWS E-mail: Alan Johnson, DWQ Sarah McRae, NHP Ryan Heise, WRC Rob Nichols, WRC 6 'd TTS*1-6b-1P-9££ -4ueRug •1•g eb£eTT b0 as .,dd Certificate of Completion DWQ Project No.: 04-0379 County: Union Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: April 19, 2004 Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification . I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: Date: ` I a? - aL . Triage Check List pl,M'_xr Project Name: 1443 - /kry_ Tv((?Sta'f S? DWQ#: c)l-. U 3 VI County: U'`1 y "*%. To: ? ARO Mike Parker ? WaRO Tom Steffens ? FRO Ken Averitte ? WiRO Noelle Lutheran MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Steve Mitchell Telephone : (919) '73 3 - From: *?J6 t O_Lkat Q_ L . The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted Eff-Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps Iinimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? Jt9--Check drawings for accuracy ®--Is the application consistent with pre-application meetings?.: Cumulative impact concern o 1 Comments: Carolina Wetland Services Pre-Construction Notification Pursuant to Nationwide Permit No. 39 143-Acre Toll Brothers Site - Phase II ' Union County, North Carolina Carolina Wetland Services Project No. 2003-0345 March 8, 2004 1 ' Prepared For: Mr. Bob Kardos, Regional Manager ' Toll Brothers 10800 Sikes Place, Suite 100 ' Charlotte, North Carolina 28277 (704) 849-2625 ' and i i TIVi1 Mr. Rich Keagy, P.E. Stantec Consulting Services, Inc. 5265 Parkway Plaza Boulevard, Suite 130 Charlotte, North Carolina 28217 (704) 329-0900 Prepared By: Mr. Gregory C. Antemann, P.W.S. Mr. Isaac J. Hinson Carolina Wetland Services, Inc. 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 (704) 527-1177 NEETLANDS 140" G ,MIP MAR 1. 0 2004 V%IAT R" QUALITY SE'S `0014 5000 Nations Crossing Road, Suite 230 • Charlotte, NC 28217 • (704) 527-1177 Office • (704) 527-1133 Fax www.carolinawetlandservices.com I I J i Ll 143-Acre Toll Brothers Site - Phase II Nationwide Permit No. 39 Avvlicatio Table of Contents March 8, 2004 No. 2003-0345 Executive Summary ............................................................................................................................... 1 Existing Conditions ............................................................................................................................... 2 Current Land Use ............................................................................................................................... 2 Jurisdictional Delineation .................................................................................................................. 3 Agency Correspondence ........................................................................................................................ 5 Purpose and Need for the Project .......................................................................................................... 6 Avoidance and Minimization ................................................................................................................ 6 Proposed Impacts to Jurisdictional Waters ............................................................................................ 6 Compensatory Mitigation ...................................................................................................................... 7 List of Attachments Attachment A - Figure 1. USGS Site Location Map Attachment A - Figure 2. NRCS Soil Survey Attachment A - Figure 3. Jurisdictional Boundary Field Map Attachment A - Figure 4. Wetland Boundary Survey Attachment B - Agent Certification of Authorization Form Attachment C - Pre-Construction Notification Application - Nationwide Permit No. 39 Attachment D - Routine On-Site Data Forms . Attachment E - NCDWQ Stream Classification Forms Attachment F - USAGE Intermittent Channel Evaluation Forms Attachment G - Representative Photographs Attachment H - Agency Correspondence Attachment I - Figures 4a-d. Proposed Impacts Attachment J - Approval of State General Permit for Impacts to Isolated Wetlands List of Tables Table 1. Summary of Jurisdictional Stream Channels .........................................................................3 Table 2. Summary of Jurisdictional Wetland Areas .............................................................................5 Table 3. Summary of Proposed Impacts ...............................................................................................7 Table 4. Summary of Proposed Compensatory Mitigation .................................................................. 8 i 143-Acre Toll Brothers Site - Phase 11 March 8, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 Executive Summary The 143-Acre Toll Brothers Site is located in Union County, North Carolina, approximately 1.5 miles west of the Rea Road - Marvin School Road intersection (Attachment A - Figures 1 and 2). Phase II of this project proposes to develop approximately 143 acres of woods and farmland into a residential subdivision. Toll Brothers is in charge of developing the site and has contracted Carolina Wetland Services, Inc. (CWS) to provide permitting services for this.project (Attachment B). The results of the on-site field investigations conducted by CWS indicate that there are four jurisdictional stream channels (Streams A-D) and four jurisdictional wetland areas (Wetlands AA-DD) located within the project limits (Attachment A - Figure 3). Unavoidable impacts associated with this project total approximately 295 linear feet of Perennial Stream B, 0.05 acre of Unimportant Intermittent Stream A, and 0.43 acre of jurisdictional wetland areas (Attachment I). On behalf of Toll Brothers, CWS is submitting a Pre-Construction Notification application with attachments in.accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3362 (Attachment C). To mitigate for impacts to on-site jurisdictional areas, Toll Brothers proposes to donate $101,000 to the North Carolina Ecosystem Enhancement Program (EEP). Mitigation is being proposed for impacts to 0.94 acre of non-riparian isolated wetlands and 0.09 acre of riparian wetlands for Phase I of this project, and 0.43 acre of riparian wetlands (Wetlands AA and DD) and 295 linear feet of perennial stream channel (Stream B) for Phase II of the project. r 143-Acre Toll Brothers Site - Phase II March S, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 I 0 ri 1 1 Existing Conditions The 143-Acre Toll Brothers Site is located in Union County, North Carolina, approximately 1.5 miles west of the Rea Road - Marvin School Road intersection (Attachment A - Figures 1 and 2). Phase II of this project proposes to develop approximately 143 acres of woods and farmland into a residential subdivision. Toll Brothers is in charge of developing the site and has contracted Carolina Wetland Services, Inc. (CWS) to provide permitting services for this project (Attachment B). The following sections describe the existing conditions of the project area. Current Land Use The current land use for the site is agricultural and is generally comprised of cleared pasture and large wooded areas. The current land usages for the surrounding areas are agricultural, residential, and institutional and consist of old farms, several new residential developments, and a new elementary school. Dominant canopy vegetation within the project area includes willow oak (Quercus phellos), sweetglun (Liquidambar styraciflua), box elder (Acer negundo), red cedar (Juniperus virginiana), red elm (Ulmus rubra), hackberry (Celtis laevigata), shagbark hickory (Carya ovata), red maple (Acer rubrum), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), tag alder (Alnus serrulata), black willow (Salix nigra), white oak (Quercus alba), and cottonwood (Populus deltoides). Dominant ground cover consists of Chinese privet (Ligustrum sinense), soft rush (Juncus effusus), poison ivy (Toxicodendron radicans), various sedges (Carex spp.), Kentucky bluegrass (Festuca arundinacea), Japanese honeysuckle (Lonicera japonica), spring-beauty (Claytonia virginica), dogbane (Apocynum cannabinum), bulbous buttercup (Ranunculus bulbosus), and multiflora rose (Rosa multiflora). According to the Soil Survey of Union County` (Attachment A - Figure 2), on-site soils predominantly consist of Iredell loam (IrA), with small inclusions Helena fine sandy loam (HeB) and Chewacla silt loam (ChA) soils. Iredell loam soils exhibit slow permeability and low to moderate water capacity. Chewacla soils are located along the site's larger drainage features and are frequently flooded for brief periods. Iredell loam, Helena fine sandy loam, and Chewacla silt loam soils are all known to contain hydric inclusions within Union County, North Carolina? t United States Department of Agriculture (USDA), 1991. Soil Survey of Union County, North Carolina. 2 USDA, 1996. North Carolina Hydric Soils List. 2 143-Acre Toll Brothers Site - Phase II March 8, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 I I Jurisdictional Delineation From March 12-24, 2003, CWS's Gregg Antemann, Isaac Hinson, Ron Johnson, and Kip Kerecman delineated on-site jurisdictional waters of the U.S.3 within the project area. Jurisdictional areas were delineated on-site using the U.S. Army Corps of Engineers (USACE) - Routine On-Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual 4 Routine On-Site Data Forms representative of on-site wetlands and adjacent upland areas have been included as Attachment D. Jurisdictional stream channels were classified according to recent North Carolina Division of Water Quality (NCDWQ)' and USACE guidance. NCDWQ Stream Classification Forms and USACE Intermittent Channel Evaluation Forms representative of Streams A-D and Non jurisdictional Channels A, E, and F have been included as Attachments E and F. The results of the on-site field investigations conducted by CWS indicate that there are four jurisdictional stream channels (Streams A-D) and four jurisdictional wetland areas (Wetlands AA-DD) located within the project limits (Attachment A - Figures 3 and 4). On-Site streams are tributaries to Sixmile Creek. Sixmile Creek is part of the Catawba River basin (HU# 03050103)6 and is rated "Class C Waters" by the NCDWQ. On-Site jurisdictional areas are summarized in Tables 1 and 2. Mr. Steve Chapin of the USACE and Mr. Mike Parker of the NCDWQ reviewed the site with CWS representatives on June 5, 2003. Jurisdictional areas were verified by Mr. Chapin on August 1, 2003. A signed copy of the Wetland Boundary Survey is included as Attachment A - Figure 4. In addition to the June 5, 2003 meeting, CWS met with Mr. Alan Johnson of the NCDWQ on July 21, 2003 to verify stream classifications and discuss the proposed project. Tahle 1. Summarv of On-Site Jurisdictional Stream Channels Jurisdictional Area Classification Approximate Acreage (ac.) Approximate Length (If) NCDWQ' Score Stream A Unimportant Intermittent 0.07 ac. 1,112 if 20 Stream B Perennial -- 3,725 if 35 Stream C Important Intermittent -- 565 if 28 Stream D Unimportant Intermittent 0.02 ac. 233 if 20.5 Total 0.084 ac. 5,6351f -- 3 "Jurisdictional waters of the U.S." includes essentially all surface waters such as: all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these waters. ° Environmental Laboratory, 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 5 North Carolina Division of Water Quality, 1999. Stream Classification Method. Version 2.0. "HU#" is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. 3 143-Acre Toll Brothers Site - Phase II March 8, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 I I I I I I I Stream A generally flows east across the northern portion of the site to its confluence with Stream C (Attachment A - Figures 3 and 4). Stream A is approximately 1,112 linear feet in length (0.07 acre) and was evaluated to be Unimportant Intermittent. This stream channel exhibits moderate sinuosity, a two to three-foot average ordinary high water width, and channel substrate ranging from coarse sand to cobble (Attachments E and F - SCP1). Stream A scored 20 out of a possible 71 points on the NCDWQ Stream Classification Form. Stream A emanates from a non jurisdictional ditch through an upland area (Channel A). This channel exhibits a one to two-foot average ordinary high water width, and lacks sinuosity and groundwater discharge (Attachments E and F - SCP2). Non-Jurisdictional Channel A scored 8 out of a possible 71 points on the NCDWQ Stream Classification Form. Stream B generally flows north along the eastern property boundary for approximately 3,725 linear feet and partially consists of a portion of Marvin Branch (Attachment A - Figures 3 and 4). This stream was evaluated to be Perennial and exhibits a four to six-foot average ordinary high water width, channel substrate consisting of coarse sand to cobble, and the presence of crayfish, amphibians, and benthic macroinvertebrates (Attachments E and F - SCP3). Perennial Stream B scored 35 out of a possible 71 points on the NCDWQ Stream Classification Form. A photograph of Perennial Stream B is included as Attachment G - Photograph A. Stream C generally flows west across the center of the site for approximately 565 linear feet (Attachment A - Figures 3 and 4). This stream channel was evaluated to be Important Intermittent and exhibits moderate sinuosity and groundwater discharge, a three to four-foot average ordinary high water width, and the presence of crayfish and benthic macroinvertebrates (Attachments E and F - SCP4). Important Intermittent Stream C scored 28 out of a possible 71 points on the NCDWQ Stream Classification Form. Stream D generally flows northwest for approximately 233 linear feet (0.02 acre) across the extreme southern portion of the site (Attachment A - Figures 3 and 4). This stream channel was evaluated to be Unimportant Intermittent and exhibits weak sinuosity and groundwater discharge, a three-foot average ordinary high water width, and stream substrate consisting of coarse sand to gravel (Attachments E and F - SCP5). Stream D scored 20.5 out of a possible 71 points on the NCDWQ Stream Classification Form. A photograph of Unimportant Intermittent Stream D is included as Attachment G - Photograph B. 4 143-Acre Toll Brothers Site - Phase II March 8, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 Non jurisdictional Channel E is located in the center of the site. This channel was evaluated to be non jurisdictional based on its lack of a bankfull bench and channel substrate. (Attachments E and F - SCP6). Channel E scored 8.5 out of a possible 71 points on the NCDWQ Stream Classification Form. Non jurisdictional Channel F is located in an agricultural field at the southern tip of this site. This channel appears to be a man-made irrigation ditch and was evaluated to be non jurisdictional. This channel exhibited strong herbaceous vegetation along the bed and banks, and lacked sinuosity, flow, and channel substrate (Attachments E and F - SCP7). Channel E scored 4 out of a possible 71 points on the NCDWQ Stream Classification Form. Table 2. Summary of On-Site Jurisdictional Wetland Areas Jurisdictional Area Approximate Acreage (ac.) Wetland AA 0.08 ac. Wetland BB 0.02 ac. Wetland CC 0.17 ac. Wetland DD 0.49 ac. Total 0.76 ac. I I I I Wetlands AA-DD are primarily located within forested areas in the north-central portion of the site (Attachment A - Figures 3 and 4). Dominant vegetation includes willow oak, cottonwood, box elder, red elm, sycamore, poison ivy, various sedges, sweetgum, tag alder, red maple, and green ash. These wetlands also exhibit low-chroma soils with mottles and soil inundation and saturation within the upper twelve inches (Attachment D - DP 1 and DP2). Agency Correspondence A letter was forwarded to the U.S. Fish and Wildlife Service (USFWS) on June 3, 2003, to determine the presence of any federally-listed or candidate endangered or threatened species or critical habitat located within the project area. The USFWS replied that several federally- protected species are known to exist in close proximity to the site and requested that an on-site protected species survey be conducted. This assessment was performed by CWS biologists Gregg Antemann and Isaac Hinson on May 2, 2003, and consisted of a literature and records search and a pedestrian survey of the entire project area (Phases I and II). The NCNHP database indicated that two federally-endangered species, one candidate for federal listing, and seven Species of Federal Concern have been sampled in Union County, North Carolina. The results of the on-site field investigation indicate that no plant species formally proposed or listed as 143-Acre Toll Brothers Site - Phase II March 8, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 endangered or threatened by current Federal regulations are found within the project boundaries. On May 12, 2003, CWS submitted to USFWS a Protected Species Survey Report, which summarized the results of the site assessment and concluded that no federally-protected species will be affected by the proposed project. In a letter dated July 2, 2003, the USFWS indicated that they "concur with [the] determination that the proposed project will not affect endangered or threatened species" (Attachment H). I I I Purpose and Need for the Project Phase II of this project proposes to develop approximately 143 acres of woods and farmland into a residential subdivision. The purpose of this project is to provide single-family housing to an area that is experiencing significant population growth. The proposed subdivision will provide custom-built homes on approximately Y4-acre lots in close proximity to Charlotte. Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Important Intermittent Stream C, Unimportant Intermittent Stream D, and Wetlands BB and CC will be completely avoided during construction. In addition, approximately 3,430 linear feet, or 92% of Perennial Stream B will be avoided. All storm water outfalls will be designed with plunge pools at the outlets to retain and pre-treat run-off prior to entering wetlands and streams. Proposed Impacts to jurisdictional Waters Unavoidable impacts associated with this project total approximately 295 linear feet of Perennial Stream B, 0.05 acre of Unimportant Intermittent Stream A, and 0.43 acre of jurisdictional wetland areas (Attachment I - Figures 4a-d). Wetland AA consists of a network of braids and overflow areas associated with Unimportant Intermittent Stream A. Approximately 0.05 acre (891 linear feet) of Stream A and 0.08 acre of Wetland AA will be impacted for lot grading and road construction (Figure 4b). Approximately 0.35 acre of Wetland DD will also be impacted for site grading and road construction (Figure 4c). To accommodate a road crossing, approximately 295 linear feet of Perennial Stream B will be impacted (Figure 4d). Impacts to on-site jurisdictional areas are summarized in Table 3. On behalf of Toll Brothers, CWS is submitting a 6 143-Acre Toll Brothers Site - Phase II March 8, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 Pre-Construction Notification application with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3362 (Attachment C). Table 3. Summarv of Prouosed Impacts I I lurisdictioual Area Impacts Impacts Figure - <kcti" it?" (??ttacluncnt C) 1cr es (ac.) Linear Feet (it) Unimportant 0.05 ac. -- Site grading and Figure 4b Intermittent Stream A road construction Perennial Stream B -- 295 if Piping Figure 4d Wetland AA 0.08 ac. Site grading and Figure 4b road construction Wetland DD 0.35 ac. Site grading and Figure 4c road construction Totals 0.48 ac. 2951f -- -- Additional impacts associated with Phase I of this project included filling approximately 0.09 acre of jurisdictional wetlands and 0.94 acre of non jurisdictional isolated wetlands to accommodate grading for the proposed subdivision. Phase I of this project is located north of Joe Kerr Road. An Isolated Wetlands Permit Application was completed for this portion of the project, and was submitted to the NCDWQ on September 15, 2003. A notice of approval of State General Permit for Impacts to Isolated Wetlands with Additional Conditions was issued by the NCDWQ to Toll Brothers on December 1, 2003 (Attachment J). Compensatory Mitigation In an attempt to perform on-site mitigation for the proposed impacts, Toll Brothers conducted a thorough mitigation options analysis to determine the feasibility of on-site mitigation. Various combinations of wetland and stream enhancement and restoration were evaluated. However, on-site mitigation options were determined to be impractical due to the construction schedule. To mitigate for impacts to on-site jurisdictional areas, Toll Brothers proposes to donate $101,000 to the North Carolina Ecosystem Enhancement Program (EEP). Mitigation is being proposed for impacts to 0.94 acre of non-riparian isolated wetlands and 0.09 acre of riparian wetlands for Phase I of this project, and 0.43 acre of riparian wetlands (Wetlands AA and DD) and 295 linear feet of Perennial stream channel (Stream B) for Phase II of the project. Proposed compensatory mitigation is summarized in Table 4. 7 ' 143-Acre Toll Brothers Site - Phase II March 8, 2004 Nationwide Permit No. 39 Application Project No. 2003-0345 Table 4. Summarv of Proposed Compensatorv Mitigation Jurisdictional :area Classification Impacts Mitigation ? Ratio Amount Proposed Donation toEEP Non-TD Isolated Non-riparian/ Isolated 94 acre 0 2:1 $12,000/acre of Non-riparian ($12,000/acre)(1 acre)(2)= Wetland (Phase I) Wetland Area . Wetland Impacts $24,000 Wetland AA and Riparian Wetland 0 43 acre 1:1 $24,000/acre of Riparian ($24,000/acre)(0.5 acre) _ Wetland DD Area . Wetland Impacts $12,000 JD Wetland (Phase I) Riparian Wetland 0.09 acre 1:1 $24,000/acre of Riparian ($24,000/acre)(0.25 acre) _ Area Wetland Impacts $6,000 Stream B Perennial 295 if 1:1 $200/linear foot of Stream ($200/lt)(295 If) _ Impacts $59,000 Total donation to Ecosystem Enhancement Program $101,000 1 L 8 4 OP ?SIIE "Akk. VICINITY MAP NOT TO SCALE CT I? ?4 ?r r IN, 1 y ?? r Wetland AA 11 TNMJF- I? t r? I ? tt? ion p/ % 0 a%p X0`0 N d I qU ry At I ar CV IX d Wp? _ o z.T ?•i Unimportant Intermittent Stream A -C- ®wj'- Unimportant Intermittent Stream D • r 00 c ®?? liJ . .s p ?, Perennial Stream B Z = Q U _J \ Q W \ t 111110 111' Wetland BB c+r? z 3FZ :3 I I ? _ i 90 I I I I I Unimportant Intermittent DP • Strearin A 1,112 Ilinear feet (0.067 acre) DP2` I •SCP2 I SCP1 Wetland CC' r 0.171 acre I DP1 , E aaIn jo cW Q- Ins) ;0w Wetland DD 0.485 acre I i r' Orr ,r \ Important Intermittent 4 Stream C 1 565 linear feet 1\ Wetland AA I_ ` 0.081 acre SCp6• %? ?w 1 I >r .off 1 ?- r 1 V „n ? '1 ? 1 11 1? ,.? 4 ? \I ? 1 llu 111 \\ 0 \ ss °+ 11ti 1 11 Wetland BB .•? 1 ` 0.020 acre 'r 1 NOTE: JURISDICTIONAL FEATURES WERE DELINEATED (FLAGGED) IN THE FIELD BY CAROLINA WETLAND SERVICES (CWS) FROM MARCH 12-24,2003. THESE AREAS HAVE BEEN VERIFIED BY MR. STEVE CHAPIN OF THE U.S. ARMY CORPS OF ENGINEERS. Q of. Perennial Stream B 3,725 linear feet Approximate Scale: 1" = 600' Unimportant Intermittent Stream A Slunk Conafty S-1cu Im. MrrwPh- r.ra OrYY K uu sm" r >? C.WV" w d r rrr r.??w?rr•?.r.¦ frYYW,-AwrrrrYiwY• j Carolina Wetland Services 5000 Nations Crossing Road, Suite 230 ??•?, ( Charlotte, North Carolina 28217 MN,I REFERENCE: SURVEY PROVIDED BY STANTEC CONSULTING SERVICES INC. Figure 3. Wetland Boundary Survey 143-Acre Toll Brothers Site - Phase II Union County, North Carolina CWS Project No. 2003-0345 PREPARED BY DATE CHECKED DATE r7w t-IS"o+i 46c4 34& 0't 1 Wetland DD i • 0 5. Swap- Wetland Wetland AA soup - •SCP7 SCP!? *&-MW Unimportant Intermittent Stream D 233 linear feet (0.017 acre) LEGEND •SCP1 STREAM CLASSIFICATION POINT •DP1 DATA POINT PHOTO LOCATION AND DIRECTION IATE SCALE: I"= 600' LD1Q 1J I9L 10 !QT 1 M LEMD AND IDA r r r YM r W ti AY TOLL BROTHERS ,0800 SIZES PLACE, SUITE 100 CHARLOTTE, N.C. 28277 LONGVIEW SOUTH VILLAGE OF MARVN, TOWN OF SANDY RIDGE UNION COUNT, NORTH CAROLINA WETLANDS SURVEY LONGVIEW SOUTH -PH.I-PARCEL 3 BEING 54,333 SF = 1.247 ACRES TOTAL 73200336 1- D-VN., 'Rhw R- 2-f2 p 11 nri I 1 fr? S` ;.7 .l f' 1 k?!lil, DATE t-k6 -oL{ r / s ?T `'j • Y ? TT ` --i' 1071 1 ?1l I`` i - 1 ? 1 _ ? I I `' X 7 r C ; , Figure 1. USGS Site Location Map 143-Acre Toll Brothers Site - Phase 11 Union County, North Carolina CWS Project No. 2003-0345 -,CKLD 13Y DATE GG/6- 3. 6. o'f .. J N ?; ?,. .• ?• - X1313 s Jue Kc-rr F c) j (I Nt ? .. Z Site s -? b? 1? 81e? Ma in ?'?h001 ROad'? ! Carolina Wetland Services 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 PREPARED BY NTH Approximate Scale 1" = 2000' Reference: USGS 7.5 Minute Topographic Map Series, Weddington and Catawba NE Quadrangles, North Carolina-South Carolina, dated 1988 and 1993, respectively. i A. 7 r` ,,.. \ \\? !,A ? y J ;rA C2 l J ., ¦ Cf 1 x CcC: 1 Jell f 'O ! L ?`\J 1• i j ` //, ?, A,13 A,-i3 Cc? APB/ ?? U 1 Ce621 ?i? t?//l;oer?. 1 ZnC Ce62 -1 ! t t l ??J 1 `: 6? '' c>> fir' ?ApB AiTCoA Ce Approximate Scale I"= 2000' Reference- NRCS Soil Survey of Union Count}, North Carolina, Sheet Nos. I6 and 2l, dated 1991. tl Carolina Wetland Services Figure 2. NRCS Soil Survey 5000 Nations Crossing Road, Suite 230 143-Acre Toll Brothers Site - Phase ll Charlotte, North Carolina 28217 Union County, North Carolina CWS Project No. 2003-0345 PREPARED 131- DATC CHECKED BY' DAIS &9'A ?' •v -7 1 1 1 1 1 1 1 F 1 1 1 1 1 1 1 1 1 1 yr . I f5 1 D°' Dp%` JOE NERR PoS11 VICINITY MAf NOT TO SCALE I $ uN I ! 4?ij I i I Y ) ! I ?, ?IJ i 0? d. I I , I. ? F ^O 4 N r C] ' ?' . J :7 O i? Q N la F, Q . 2' .IWn'.f . ftll q t t9 I / I i I PLT? NL! i r, I I ? I ,r I r 3/lo?f1Y Ivnr ?. m V I C Z 1 Q LLJ NORTH OWNiE0 TO MD (NAD 1983) ?Nu aNwi, :olm k 3 as ?.wa>.w.Mr: IN mN - I J e I # aaC F W LNa \ h x. r J ? :a s : a u: sNA a. ? ???- .N ND JT Y i 1t'2 g \ ?Ey¢a r? SgnleDCOnsuitlng Servzes kac 5265 Pabay Pima std. yule 130 ' a.NMh xD D.SA 8217 °. W. 704.729.0900 Fa 704.329.0905 Rantec CWO(AmdYa1 - Nx"o16h mo.aq ax a ?aoa,.w ra m Nm.,'ro,. ro a'>NS - a9 a.N, a e,:Nam sa a ?aaMN m ?: N°°°.fasn aN maaw o c. woman a 5>rwr. Reaaa.,Na a m!a w Pawn m. um ma! q 51a6a'N IaN'6hn. , YLI 'i.'DS GERIMES TA' S CCPY Of W R ', ?RREfS S -M'S >T P R.IED ^ uPp'nE1L1A?9 ALL MCAS D<RAIEPS AND 1x2 MP. ACS :.Ci POR9YANi TO 9 NED ON N 445 DAZEQE1"S tM HERE I 5 . 5 (".AGE n 9T TIE UNO^RARIfD ATI. TNS TOM iN ME aN. OR WR PUB-19k"D REGI.EIMNS Ras 0E'ERJNAON rDR F -0O .NOT IO E6 CK -S FROM - MAY oE f REUET ON .4K . Pe Cf.T-RWNADAI dA5 MWE JT ZNG M= 1597 CCRPS ,N?HEER5 4l?LAND511 NEA- NAND:.- u.Ss' ENgtREflSFEPRESENtANK ,l Real ?.N Sa.l. /, f - -- TIRE 'r 1.3 D0. - NOTE:. -ISDICIONAL wATFRS HERE CEDNEME0 (1A=D) !!ya ' IN TIC -13 BY C W NA KRAND IMYIaS. 'NL (CY51 "W MANOI 12-24 2DN5. ro 01' ^ a 9 ? Figure 4 J \ \ Dp \\ yyP \'' y ?' NOTER 1.) R F TO SHEET I FOR LEOQND ANO NOTES FI ec0 ro s 0<1 \ ` h >Fµ bAtD 99' `TR •'w "iY'Ihmt V,xEU-xlD,w?.wvam ter'' x? wx au5o Da \ oaA ou ay. mlxDa \\ ' ?jw ? +r5 \^? 0 L BOTHERS ?i .. .•a \ _ W800 SIKES RLACElUITE 100 _ sK? \ £WtRLgiTE, Ni G 28271 Scale: 1" = 400' \ LONGv.EWSO". 4 - Vlt'Lk* Of MARVIN. TOWN OF. SANDY RIDGE UNION COUNTY' NORTH CAROLINA TSx - ro ai WETLANDS SURVEY LONGVIEW -OUTdpH T'-PA,RCEL3 BEING 54,341 SF= 1,20ACRES TOTAL ' Pmrctllo Srde Pe@ )320033fi 09 osir?a aerlxgt? r?i ?' PARCEL n [?I r ! ANDS v INN AGENT CERTIFICATION OF AUTHORIZATION representing Toll Brothers, hereby certify that I have authorized Gregory C. Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this permit and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. A plican's signature --Oa- mlel; 'P b1-2-4(63 Date C. Agent's signature Date Completion of this form will allow the agent to sign all future application correspondence. u Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing ' 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ' M 401 Water Quality Certification ? Riparian or Watershed Buffer Rules ' 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 39 ' 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? ' 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? ' II. Applicant Information 1. Owner/Applicant Information ' Name: Toll Brothers, Contact: Mr. Bob Kardos Mailing Address: 10800 Sikes Place, Suite 100 ' Charlotte, North Carolina 28277 ' Telephone Number: (704) 849-2625 Fax Number: (704) 849-2645 E-mail Address: rkardos(a-),tollbrothersinc.com ' 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Gregory C. Antemann, PWS ' Company Affiliation: Carolina Wetland Services, Inc. Mailing Address: 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 Telephone Number: 704-527-1177 Fax Number: 704-527-1133 ' E-mail Address:_ _Gregg(a),carolinawetlandservices.com Page 1 of 7 ' III. Project Information 1. Name of project: 143-Acre Toll Brothers Site - Phase II ' 2. T.I.P. Project Number (NCDOT Only): N/A ' 3. Property Identification Number (Tax PIN): 062220030, 06222006, 06225013, 06225012A 4. Location County: Union Nearest Town: Charlotte Subdivision name (include phase/lot number): Longview South Directions to site.(include road numbers, landmarks, etc.): From Charlotte, take Interstate 77 ' (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road). Turn right onto Rea Road and travel for approximately 4 miles to Marvin School Road Turn right onto Marvin School Road and travel for approximately 2/3 mile to Joe Kerr Road Turn ' right onto Joe Kerr Road and travel for approximately. %2 mile and the site is located on the left side of the road. 5. Site coordinates, if available (UTM or Lat/Long): N350 0'34"-W80' 48' 50" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the ' coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The ' current land use for the site is agricultural and is generally comprised of cleared pasture and wooded areas. ' 7. Property size (acres): 143 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Sixmile Creek ' 9. River Basin: Catawba River (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.ne.us/admin/maps/.) 10. Describe the purpose of the proposed work: This project proposes to develop a-P proximately 143 acres of woods and farmland into a residential subdivision The purpose of this project is to provide single-family housing to an area that is experiencing significant population growth. The proposed subdivision will pfovide custom-built homes on approximately 3/4-acre lots in close proximity to Charlotte. 11. List the type of equipment to be used to construct the project: Heavy equipment typically used for site grading and paving work will be used. 12. Describe the land use in the vicinity of this project: The current land , usages for the ' surrounding areas are agricultural, residential, and institutional and consist of old farms several new residential developments, and a new elementary school. Page 2 of 7 I ' IV. Prior Project History Additional impacts resulting from the construction of Phase I of this subdivision include filling ' approximately 0.09 acre of jurisdictional wetlands and 0.94 acre of non-jurisdictional isolated wetlands to accommodate grading for the proposed subdivision. Phase I of this project is located on the north side of Joe Kerr Road. An Isolated Wetlands Permit Application was completed for ' this portion of the project, and was submitted to the NCDWQ on September 15, 2003. A notice of approval of State General Permit for Impacts to Isolated Wetlands with Additional Conditions was issued by the NCDWQ to Toll Brothers on December 1, 2003 (Attachment J). ' V. Future Project Plans There are no proposed future plans for this project. VI. Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts Wetland Impact Located within Distance to Site Number Type of Impact* Area of Impact (acres) 100-yea ** Floodplain Nearest Stream Type of Wetland*** (indicate on map) (yes/no) (linear feet) Wetland AA Site grading and 0.08 ac. No Contiguous Forested headwater road construction wetland Wetland DD Site grading and 0.35 ac. No Contiguous Forested headwater road construction wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.Ro v. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.76 acre Total area of wetland impact proposed: 0.43 acre 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name* * of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) Stream A Site grading and 891 if Unnamed Tributary to , 2-3 Unimportant road construction (0.05 acre) Marvin Branch Intermittent Stream B Pipe 295 If Unnamed Tributary to 4-6' Perennial Marvin Branch * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.aov. Several intemet sites also allow direct.download and printing of USGS maps (e.g., www.topozone.com, www.mMquest.com, etc.). Page 3 of 7 I Cumulative impacts (linear distance in feet) to all streams on site: 295 linear feet . of Perennial channel and 891 linear feet (0.05 acre) of Unimportant Intermittent channel . 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. N/A Open Water Impact Area of Name Waterbody Type of Waterbody Site Number Type of Irnpact* Impact (if applicable) (lake and estuary, sound, (indicate on ma) (acres) bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. i 4. Pond Creation If construction 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 described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A Impact Justification (Avoidance and Minimization) Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Important Intermittent Stream C, Unimportant Intermittent Stream D and Wetlands BB and CC will be completely avoided during construction. In addition, approximately 3,430 linear feet or 92% of Perennial Stream B will be avoided. All storm water outfalls will be designed with plunge pools at the outlets to retain and pre-treat run-off prior to entering wetlands and streams. Page 4 of 7 VIII. Mitigation In an attempt to perform on-site mitigation for the proposed impacts, Toll Brothers conducted a ¦ thorough mitigation options analysis to determine the feasibility of on-site mitigation. Various combinations of wetland and stream enhancement and restoration were evaluated. However, on-site ¦ mitigation options were determined to be impractical due to the construction schedule. To mitigate for impacts to on-site jurisdictional areas, Toll Brothers proposes to donate $101,000 to the ¦ North Carolina Ecosystem Enhancement Program (EEP). Mitigation is being proposed for impacts to 0.94 acre of non-riparian isolated wetlands and 0.09 acre of riparian wetlands for Phase I of this project and 0.43 acre of riparian wetlands (Wetlands AA and DD) and 295 linear feet of Perennial stream ¦ channel (Stream B) for Phase II of the project. Proposed compensatory mitigation is summarized in Table 4 of the attached-report. ¦ 1. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be ¦ reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additionalinformation regarding the application ¦ process for the NCWRP, check the NCWRP website at tittp././h2o.enr.state.nc.us/w /index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: ' Amount of stream mitigation requested (linear feet): 295 linear feet Amount of buffer mitigation requested (square feet): N/A ¦ Amount of Riparian wetland mitigation requested (acres): 0.75 acre Amount of Non-riparian wetland mitigation requested (acres): 2 acres Amount of Coastal wetland mitigation requested (acres): N/A ¦ IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) ' land? Yes ? No ¦ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. ¦ Yes ? No ? ' If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? ¦ Page 5 of 7 f X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to ' required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and ' Water Supply Buffer Requirements), or other (please identify: . )? Yes ? - No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total Zone 1 extends out 30 teet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. A storm water management plan is not proposed for this proiect Qiven the low-densitv nature of the development (less than 30 % impervious area). Storm water outfalls will not be discharged directly into on-site stream channels and wetland areas. All storm water outfalls will be designed with plunge pools at the outlets to retain and pre-treat run-off prior to entering wetlands and streams. Page 6 of 7 ' X1I. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of ' wastewater generated from the proposed project, or available capacity of the subject facility. Each home will be connected to the public sanitary sewer and water system. ' XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): ' It is the applicant's responsibility. to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on ' work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). U App icant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 1 Page 7 of 7 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 143-Acre Toll Brothers Site - Phase H Date: 30 /13/03 Applicant: Toll Brothers County: Union Investigator(s): Isaac Hinson and Ron Johnson State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wettan a Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DPI If needed, explain on reverse. VEGETATION Dominant Plant Species 1. Quercusphellos Stratum tree Indicator FACW- Dominant Plant Species Stratum Indicator 9. 2. Populus deltoides tree FAC+ 10. 3. Acer negundo tree FACW 11. 4. Platanus occidentalis tree FACW- 12. 5. Toxicodendron radicans vine FAC 13. 6. Ulmus rubra tree FAC 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All dominant vegetation is FAC or wetter. HYDROLOGY _ Recorded Data (Describe in remarks): - Stream, Lake or Tide Gauge - Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators- X Inundated X Saturated in Upper 1.2 Inches X Water Marks _ Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: 0-3" (in.) Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) X Water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: 0" (in.) X FAC-Neutral Test Other (Explain in Remarks) Remarks: Wetland hydrology indicators are present. Routine On-Site Data Forms Page 1 Of 2 2/4/2004 SOILS Map Unit Name (Series and Phase): Chewacla silt loam Drainage Class poorly drained Field Observations Taxonomy (Subgroup): thermic Fluva uentic D strochre is Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist (Munsell Moist) Abundance/Contrast Structure, etc. 0-12" B 5Y 3/2 10YR 3/6 many silt loam prominent _ Histosol _ Concretions - Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils - Aquic Moisture Regime X Listed on Local Hydric Soils List (Inclusions) _ Reducing Conditions _ Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Hydric soil indicators are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Ye No (Circle) Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Ye No Remarks: Data point is representative of a jurisdictional wetland area. Approved by HQUSACE 2/92 Routine On-Site Data Forms Page 2 Of 2 2/4/2004 i i i DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 143-Acre Toll Brothers Site - Phase II Date: 03/13/03 Applicant: Toll Brothers County: Union Investigator(s): Isaac Hinson and Ron Johnson State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP2 If needed, explain on reverse. VEGETATION Dominant Plant Species 1. Populus deltoides Stratum tree Indicator FAC+ Dominant Plant Species Stratum Indicator 9. 2. Platanus occidentalis tree FACW- 10. 3. Carex spp. herb - 11. 4. Liquidambarstyraciflua tree FAC+ 12. 5. Alnusserrulata tree FACW 13. 6. Acer rubrum tree FAC 14. 7. Fraxinuspennsylvanica tree FACW 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All dominant vegetation is FAC or wetter. HYDROLOGY _ Recorded Data (Describe in remarks): _ Stream, Lake or Tide Gauge - Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: X Inundated X Saturated in Upper 12 Inches _ Water Marks _ Drift Lines Field Observations: X Sediment Deposits (on leaves) X Drainage Patterns in Wetlands Depth of Surface Water: 04" (in.) Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) X Water-Stained Leaves X Local Soil Survey Data Depth to Saturated Soil: On (in.) X FAC-Neutral Test Other (Explain in Remarks) Remarks: Wetland hydrology indicators are present. Routine On-Site Data Forms Page 1 of 2 2/4/2004 SOILS Map Unit Name (Series and Phase): Iredell loam Drainage Class poorly drained Field Observations Taxonomy (Subgroup): thermic T is Ha ludalfs Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12" B 2.5Y 3/1 1 OYR 4/3 many sandy clay loam prominent _ Histosol _ Concretions - Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils - Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions _ Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Hvdric soil indicators are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? AYe No (Circle Wetland Hydrology Present? No (Circle) Hydric Soils Present? No Is this Sampling Point Within a Wetland? Ye No Remarks: Data point is representative of a jurisdictional wetland area. Approved by HQUSACE 2/92 Routine On-Site Data Forms Page 2 of 2 2/4/2004 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 143-Acre Toll Brothers Site - Phase II Date: 03/13/03 Applicant/Owner Toll Brothers County: Union Investigator: Isaac Hinson and Ron Johnson State: NC Do Normal Circumstances exist on the site? Yes No Community ID: plan Is the site significantly disturbed (Atypical Situation)? Yes No . Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP3 If needed, explain on reverse. VEGETATION Dominant Plant S ecigs 1. Pinus taeda Stratum Indicator tree FAC Dominant Plant Species Stratum Indicator 9. 2. Juniperus virginiana tree FACU- 10. 3. Quercusphellos tree FACW- 11. 4. Ulmus rubra tree FAC 12. 5. Liquidambarstyracij7ua tree FAC+ 13. 6. Ligustrum sinense shrub FAC 14. 7. Lonicera japonica vine FAC- 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC 71% Remarks: More than 50° of dominant ve getation is FAC or wetter. HYDROLOGY _ Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: - Inundated - Saturated in Upper 12 Inches _ Water Marks _ Drift Lines Field Observations: - Sediment Deposits (on leaves) _ Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) _ Water-Stained Leaves X Local Soil Survey Data Depth to Saturated,Soil: >12" (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: , Wetland hydrology indicators are absent. Routine On-Site Data Forms Pagel of 2 2/4/2004 1 1 1 i i i i SOILS Map Unit Name (Series and Phase): IredeR loam Drainage Class poorly drained Field Observations Taxonomy (Subgroup): thermic T is Ha ludalfs Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12" B 10YR 5/4 N/A N/A loam Histosol _ Concretions Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime X Listed on Local Hydric Soils List (Inclusions) _ Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: Hydric soil indicators are absent. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes No (Circle Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of on-site non-jurisdictional upland areas. Approved by HQUSACE 2192 Routine On-Site Data Forms Page 2 of 2 2/4/2004 ' NCDWO Stream Classification Form SCPI - Unimportant Intermittent Stream A GJ Project Name: 143-Acre Toll Brothers Site - Phase II River Basin: Catawba River County: Union Evaluator(s): IJH and ?4V DWQ Project Number: Nearest Named Stream: Sixmile Creek Signature(s)::E-TH Date: 3/13/03 USGS QUAD: Weddington and Catawba NE, NC-SC Longitude: W80° 48' 50" Latitude: N35° 0' Location/Directions` From Charlotte, take Interstate 77 (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road). Tum right onto Rea Road and travel for approximately 4 miles to Marvin School Road. Turn right onto Marvin School Road and travel for approximately 2/3 mile to Joe Kerr Road. Turn right onto Joe Kerr Road and travel for approximately %2 mile and the site is located on the left side of the road. *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement ofthe evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) ' I. Geomorphology Absent Weak Moderate Strong 1) Is There A Riffle-Pool Sequence? ® 1 2 3 2) Is The USDA Texture In Streambed Different From Surrounding Terrain? 0 2 3 3) Are Natural Levees Present? ® 1 2 3 4) Is The Channel Sinuous? 0 1 ® 3 5) Is There An Active (Or Relic) 6) Is The Channel Braided? 1 2 3 7) Are Recent Alluvial Deposits Present? 0 Fil 2 3 8) Is There A Bankfull Bench Present? 0 2 3, ' (* NOTE: If Bed & Bank Caused By DitchinzAnd WITHOUT Sinuosity Then Score=0*) 10) Is A 2nd Order Or Greater Channel (As Indicated ' On Topo May And/Or In Field) Present? Yes=3 No f§ PRIMARY GEOMORPHOLOGY-INDICATOR POINTS: 6 II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater ' Flow/Dischame Present? ® 1 2 3 PRIMARYHYDROLOGYINDICATOR POINTS: 0 III. Biology Absent Weak Moderate Strong 1 Are Fibrous Roots Present In Streambed? 2 1 0 ' 2) Are Rooted Plants Present In Streambed? 2 1 0 3) Is Periphvton Present? 0 1 ® 3 4) Are Bivalves Present? ® 1 2 3 PRIMARY BIOLOGYINDICATORPOINTS. 8 t Secondary Field Indicators: (Circle One Number Per Line) 1. Geomorphology Absent Weak Moderate Strong 1 Is There A Head Cut Present In Channel? 0.5 1 1.5 ' 21 Is There A Grade Control Point In Channel? 0.5 1 1.5 3) Does Topography Indicate A Natural Drainage Way? 0 (0? 1 1.5 SECONDARY GEOMORPHOL OGY INDICA TOR POINTS: 0.5 ' II. Hydrology Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter Present In Streambed? 1.5 0.5 0 2) Is Sediment On Plants (Or Debris) Present? 9 0.5 1 1.5 3 Are Wrack Lines Present? 0 o. 1 1.5 4) Is Water In Channel And >48 Hrs. Since 0 0. 1 1.5 Last Known Rain? (*NOTE. IfDitch Indicated In #9 Above Skip This Step And #5 Below*) 5) Is There Water In Channel During Dry 0 0® 1 1.5 Conditions Or In Growing Season)? 6) Are Hvdric Soils Present In Sides Of Channel (Or In Headcut)? Yes 1. No=O ' SECONDARYHYDROLOGYINDICA TOR POINTS. 4 III. Biology I Are Fish Present? A bsent Weak 0.5 Moderate Strong 1 1.5 2 Are Amphibians Present? 0.5 1 1.5 3 Are A uaticTurtles Present? 0.5 1 1.5 4 Are Cra sh Present? 0.5 1 1.5 5) Are Macrobenthos Present? 0 U 1 1.5 6) Are Iron Oxidizing Bacteria/Fungus Present? ® 0.5 1 1.5 ' 7) Is Filamentous Algae Present? 0 0.5 ® 1.5 8) Are Wetland Plants hi Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPI, (* NOTE: If Total Absence Of All Plants In Streambed 2 1 0.75 0.5 0 0 As Noted Above Skin Phis S'teD UNLESS SAV Present*). SECONDARY BIOLOGY INDICATOR POINTS: 1.5 TOTAL POINTS (Primary +Secondary)= 20 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) ' NCDWO Stream Classification Form SCP2 - Non-jurisdictional Channel A Project Name: 143-Acre Toll Brothers Site - Phase II River Basin: Catawba River County: Union Evaluator(s): IJH and GJ DWQ Project Number: Nearest Named Stream: Sixmile Creek Signature(s): =TN g&J Date: 3/13/03 USGS QUAD: Weddington and Catawba NE, NC-SC Longitude: W80* 48' 50" Latitude: N35° 0' 34" Location/Directions: From Charlotte, take Interstate 77 (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road). Tum right onto Rea Road and travel for anyroximately 4 miles to Marvin School Road. Turn right onto Marvin School Road and.travel for annroximately 2/3 mile to Joe Kerr Road. Turn right onto Joe Kerr Road and travel for anuroximately %2 mile and the site is located on the left side of the road. I *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) 1. Geomorohologv Absent Weak Moderate Strong I 1) Is There A Riffle-Pool Sequence? ® 1 2 3 2) Is The USDA Texture In Streambed 5) Is There An Active (Or Relic) II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater Flow/Discharge Present? ® 1 2 3 PRIMARYHYDROLOGYINDICATOR POINTS: 0 111. Biolo¢v Absent Weak Moderate Strong 1 Are Fibrous Roots Present In Streambed? 3 1 0 2) Are Rooted Plants Present In Streambed? 3 1 0 3 Is Perih ton Present? 1 2 3 4) Are Bivalves Present? 1 2 3 PRIMARYBIOLOGYINDICATOR POINTS: 4 Secondary Field Indicators: (Circle One Number Per Line) 1. Geomorphology ' 3) Does Topography Indicate A Natural Drainage Way? 0 KI 1 1.5 SECONDARY GEOMORPHOLOGYINDICATOR POINTS. 0.5 t )I This oev Absent Weak Moderate Strong 1 1) Is This Year's s (Or Last's) Leaflitter Present In Streambed? l a 1 0.5 0 4) Is Water In Channel And >48 Hrs. Since Ill 0.5 1 1.5 Last Known Rain? (*NOTE: IfDitch Indicated In #9 Above Skip This Step And #5 Below*) 5) Is There Water In Channel During Dry 0.5 1. 1.5 Conditions Or In Growing Season)? 6) Are Hvdric Soils Present In Sides Of Channel (Or In Headcut)? Yes=1.5 No=5 SECONDARY HYDROLOGY INDICA TOR POINTS.--Z. 5 1 Are Fish Present? 0.5 1 1.5 2 Are Amphibians Present? 0.5 1 1.5 3 Are A uaticTurtles Present? 0.5 1 1.5 4 Are Crayfish Present? 0.5 1 1.5 5 Are Macrobenthos Present? 0.5 1 1.5 6 Are Iron Oxidizing Bacteria/Fun s Present? 0.5 1 1.5 7 Is Filamentous Algae Present? 0.5 1 1.5 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (* NOTE. If Total Absence Of All Plants In Streambed 2 1 0.75 0.5 0 0 As Noted Above Skip This Step UNLESS SAV Present*). SECONDARYBIOLOGYINDICATOR POINTS: 0 t TOTAL POINTS (Primary +Secondary)= 8 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) CNOTE: I{Bed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0*) 10) Is A 2ntl Order Or Greater Channel (As Indicated On Tono May And/Or In Field) Present? Yes=3 No fM PRIMARY GEOMORPHOLOGYINDICATOR POINTS: 2 NCDWO Stream Classification Form SCP3 - Perennial Stream B Project Name: 143-Acre Toll Brothers Site -Phase II River Basin: Catawba River County: Union Evaluator(s): IJH anGJ DWQ Project Number: Nearest Named Stream: Marvin Branch Signature(s): T?-h Vtm"J?' Date: 3/13/03 USGS QUAD: Weddington and Catawba NE, NC-SC Longitude: W80'48'50" Latitude: N35° 0' 34" Location/Directions: From Charlotte, take Interstate 77 (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road). Tum right onto Rea Road and travel for approximately 4 miles to Marvin School Road. Turn right onto Marvin School Road and travel for approximately 2/3 mile to Joe Kerr Road. Turn right onto Joe Kerr Road and travel for approximately %2 mile and the site is located on the left side of the road. I *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) 1. Geomorphology Absent Weak Moderate Strong 1) Is There A Riffle-Pool Sequence? 0 1 ® 3 2) Is The USDA Texture In Streambed Different From Surrounding Terrain? 0 1 ® 3 3) Are Natural Levees Present? ® 1 2 3 4) Is The Channel Sinuous? 0 1 ® 3 5) Is There An Active (Or Relic) II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater Flow/Discharge Present? 0 ?l 2 3 PRIMARYHYDROLOGYINDICATOR POINTS: I 111. DIVIV 1 Are Fibrous Roots Present In Streambed? 2 1 0 2 Are Rooted Plants Present In Streambed? 2 1 0 3 Is Peri h on Present? 1 2 3 4 Are Bivalves Present? 1 2 3 PRIMARY BIOLOGYINDICATOR POINTS: 6 Secondary Field Indicators: (Circle One Number Per Line) 1. Geomorphology ' 3) Does Topography Indicate A Natural Drainage Way? 0 1 1.5 SECONDARY GEOMORPHOLOGYINDICATOR POINTS: 3.5 II. Hydrology Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter Present In Streambed? 1.5 ® 0.5 0 2) Is Sediment On Plants (Or Debris) Present? ® 0.5 1 1.5 3) Are Wrack Lines Present? 0 0.5 1 T® 4) Is Water In Channel And >48 Hrs. Since Last Known Rain? (*NOTE: IfDitch Indicated In #9 Above Skip 0 This Step And #5 Below*) 0.5 © 1.5 5) Is There Water In Channel During Dry Conditions Or In Growing Season)? 0 0.5 © 1.5 6) Are Hvdric Soils Present In Sides Of Channel (Or In Headcut)? Yeses No=0 _ SECONDARYHYDROLOGYINDICATOR POINTS:_6 ' TOTAL POINTS (Primary + Secondary)= 35 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) (*NOTE.- IfBed & Bank Caused By Ditching And WITHOUTSinuosity Then Score=O*) 10) Is A 2°d Order Or Greater Channel (As Indicated On Topo Map And/Or In Field) Present? YesA No=O PRIMARY GEOMORPHOLOGY INDICATOR POINTS. 16 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPI, (* NOTE: If Total Absence Of All Plants In Streambed 2 1 0.75 0.5 0 0 As Noted Above Skip This Step UNLESS SA V Present*). SECONDARYBIOLOGYINDICATOR POINTS: 2.5 ' NCDWO Stream Classification Form SCP4 - Important Intermittent Stream C Project Name: 143-Acre Toll Brothers Site - Phase 11 River Basin: Catawba River County: Union Evaluator(s): IJH and RrJ DWQ Project Number: Nearest Named Stream: Sixmile Creek Signature(s): 1?rlt VJdV ' Date: 3/13/03 USGS QUAD: Weddington and Catawba NE, NC-SC Longitude: W80° 48' 50" Latitude: N35* 0' 34" Location/Directions: From Charlotte take Interstate 77 (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road)_ Tum right onto Rea Road and travel for approximately 4 miles to Marvin School Road. Turn right onto Marvin School Road and travel for approximately 2/3 mile to Joe Kerr Road. Turn right onto Joe Kerr Road and travel for approximately '/2 mile and the site is located on the left side of the road. *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modtfred natural stream-4his rating system should nqt be used* Primary Field Indicators: (Circle One Number Per Line) ' I Geomorphology T Absent Weak Moderate Strong 1) Is There A Riffle-Pool Sequence? 0 ® 2 3 2) Is The USDA Texture In Streambed ra I 5) Is There An Active (Or Relic) Floodplain Present? ® 1 2 3 6) Is The Channel Braided? 0 1 ® 3 7) Are Recent Alluvial Deposits Present? 0 ® 2 3 8 Is There A Bankfull Bench Present? 0 1 3 9) Is A Continuous Bed & Bank Present? 0 1 3 (*NOTE: IfBed & Bank Caused By Ditchinz And WITHOUT Sinuosity Then Score=0*) 10) Is A 2nd Order Or Greater Channel (As Indicated On Tooo Man And/Or In Field) Present? Yes=3 No4 PRIMARY GEOMORPHOLOGYINDICATOR POINTS: 12 II. Hvdroloev Absent Weak Moderate Strong 1) Is There A Groundwater Flow/Discharge Present? 0 1 ® 3 PRIMARYHYDROLOGYINDICATOR POINTS: 2 iii R9nlnm. Aheent Weak Mnderate Strnna 1 Are Fibrous Roots Present In Streambed? 3 1 0 2) Are Rooted Plants Present In Streambed? 3 1 0 3 Is Periliton Present? 1 2 3 4) Are Bivalves Present? 1 2 3 PRIMARY BIOLOGYINDICATOR POINTS: 4 ' Secondary Field Indicators: (Circle One Number Per Line) 1. Geomornholoev 1 Is There A Head Cut Present In Channel? 0 0. 1 1.5 21 Is There A Grade Control Point In Channel? 0 0. 1 1.5 ' 3) Does Topography Indicate A Natural Drainage Way? 0 0® 1 1.5 SECONDARY GEOMORPHOL OGY INDICA TOR POINTS: II. Hydrology 7.5 Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter Present In Streambed? 1.5 1 0 2) Is Sediment On Plants (Or Debris) Present? 0 E 1 1.5 3) Are Wrack Lines Present? 0 0.5 1 1(1..9 4) Is Water In Channel And >48 Hrs. Since Last Known Rain? (*NOTE: IfDitch Indicated In #9 Above Skip 0 0.5 This Step And #5 Below*) © 1.5 5) Is There Water In Channel During Dry Conditions Or In Growing Season)? 0 00 1 1.5 61 Are Hydric Soils Present In Sides Of Channel (Or In Headcut)? Yes 1. No=0 ' SECOADARTHYDROLOGYINDICA TOR POINTS. 5.5 111. Biolopy Absent Weak Moderate Strong 1) Are Fish Present? 0.5 1 1.5 2) Are Arnphibians Present? 0.5 1 1.5 3) Are AguaticTurtlei Present? 0.5 1 1.5 4) Are Crayfish Present? 0 H 1 1.5 5) Are Macrobenthos Present? 0 0.5 H 1.5 6) Are Iron Oxidizing BacterWFungus Present? ® 0.5 1 1.5 7) Is Filamentous Aleae Present? 0 0.5 Q 1.5 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (* NOTE: If Total Absence Of All Plants In Streambed 2 1 0.75 0® 0 0 As Noted Above Skip This Step UNLESS SA VPresent*). SECONDARY BIOLOGY INDICATOR POINTS: 3 t TOTAL POINTS (Primary +Secondary)= 28 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) NCDWO Stream Classification Form SCP5 - Unimportant Intermittent Stream D Project Name: 143-Acre Toll Brothers Site - Phase II River Basin: Catawba River County: Union Evaluator(s): IJH and KJK ' DWQ Project Number: Nearest Named Stream: Sixmile Creek Signature(s): Tz-K ArZrX Date: 3/21/03 USGS QUAD: Weddington and Catawba NE, NC-SC Longitude: W80° 48' 50" Latitude: N35 0' 34" Location/Directions: From Charlotte, take Interstate 77 (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road). Turn right onto Rea Road and travel for approximately 4 miles to Marvin School Road. Tutu right onto Marvin School Road and travel for approximately ' 2/3 mile to Joe Kerr Road. Tutu right onto Joe Kerr Road and travel for approximately V2 mile and the site is located on the left side of the road. *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) I. Geomorphology Absent Weak Moderate Strong ' 1) Is There A Riffle-Pool Sequence? 0 ® 2 3 2) Is The USDA Texture In Streambed Different From Surrounding Terrain? 0 ® 2 3 3) Are Natural Levees Present? ® 1 2 3 4) Is The Channel Sinuous? 0 2 3 5) Is There An Active (Or Relic) Floodplain Present? 0 ® 2 3 .vre rcecenr-nuvrar ueposrrs -reset 1 u r c 10 ' ) 8 Is There A Banlduil Bench Present? 0 1 2 3 9) Is A Continuous Bed & Bank Present? 0 1 2 3 (*NOTE: IfBed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0*) 10) Is A 2' Order Or Greater Channel (As Indicated On Tono Mao And/Or In Field) Present? Yes=3 No fH PRIMARY GEOMORPHOLOGYINDICATOR POINTS: 11 II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater Flow/Discharge Present? 0 2 3 PRIMARY HYDROL OGY INDICA TOR POINTS: 1 Iii. Rialnnv Ahcent Weak Moderate Strnnn 1 Are Fibrous Roots Present In Streambed? 3 2 l 0 2) Are Rooted Plants Present In Streambed? 3 2 0 3 Is Perih on Present? 1 2 3 4) Are Bivalves Present? 1 2 3 PRIMARY BIOLOGYINDICATOR POINTS: 2 Secondary Field Indicators: (Circle One Number Per Line) 3) Does Topography Indicate A Natural Drainage Way? 0 0.5 ® 1.5 SECONDARY GEOMORPHOL OGY INDICA TOR POINTS: 3 II. Hydrology Absent Weak Moderate Strong t 1) Is This Year's (Or Last's) Leaflitter Present In Streambed? 1.5 1 0 2) Is Sediment On Plants (Or Debris) Present? H 0.5 1 1.5 3 Are Wrack Lines Present? 0 0. 1 1.5 ' 4) Is Water In Channel And >48 Hrs. Since 0 Last Known Rain? (*NOTE: IfDiteh Indicated In #9 Above Skip This Step And #5 Below*) 0. 1 1.5 5) Is There Water In Channel During Dry 0 Conditions Or In Growing Season)? 0®. 1 1.5 6) Are Hvdric Soils Present In Sides Of Channel (Or In Headcut)? Yes=1.5 No? ' SECONDARYHYDROLOGYINDICATOR POINTS. 2 ' 6 Are Iron Oxidizing Bacteria/Fungus Present? 0.5 1 1.5 7) Is Filamentous Algae Present? 0.5 1 1.5 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (* NOTE: If Total Absence Of All Plants In Streambed 2 1 0.75 0® 0 0 As Noted Above Skip This Step UNLESS SAV Present*). SECONDARYBIOLOGYINDICATOR POINTS. L5 TOTAL POINTS (Primary + Secondary= 20.5,_(If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) ' NCDWO Stream Classification Form SCP6 - Non jurisdictional Channel E Project Name: 143-Acre Toll Brothers Site - Phase II River Basin: Catawba River County: Union Evaluator(s): IJH and GJ DWQ Project Number: Nearest Named Stream: Sixmile Creek Signature(s): =3-K Date: 3/13/03 USGS QUAD: Weddineton and Catawba NE, NC-SC Longitude: W80'48'50" Latitude: N35'0'34" Location/Directions: From Charlotte, take Interstate 77 (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road). Tum right onto Rea Road and travel for approximately 4 miles to Marvin School Road. Turn right onto Marvin School Road and travel for approximately 2/3 mile to Joe Kerr Road. Turn rieht onto Joe Kerr Road and travel for approximately 1/2 mile and the site is located on the left side of the road. *PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used* Primary Field Indicators: (Circle One Number Per Line) I, Geomorphology Absent Weak Moderate Strong 1) Is There A Riffle-Pool Sequence? 0 ® 2 3 2) Is The USDA Texture In Streambed Different From Surrounding Terrain? 0 2 3 3) Are Natural Levees Present? ® I 2 3 4) Is The Channel Sinuous? 0 1 5 3 5) Is There An Active (Or Relic) II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater PRIMARYHYDROLOGYINDlCATOR POINTS: 0 1) Are Fibrous Roots Present In Streambed? 3 2 1 2) Are Rooted Plants Present In Streambed? 3 2 0 3 Is Perih ton Present? 1 2 3 4) Are Bivalves Present? 1 2 3 PRIMARYBIOLOGYINDICATOR POINTS: I ' Secondary Field Indicators: (Circle One Number Per Line) 1. Geomorphology Absent Weak Moderate Strong 1 Is There A Head Cut Present hi Channel? 0.5 1 1.5 21 Is There A Grade Control Point In Channel? 0.5 1 1.5 3) Does Topography Indicate A Natural Drainage Way? 0 KA 1 1.5 SECONDARY GEOMORPHOLOGYINDICA TOR POINTS: II. Hvdrologv 0.5 Absent Weak Moderate Strong ' 1) Is This Year's (Or Last's) Leaflitter Present In Streambed? 1.5 1 9A 0 2) Is Sediment On Plants (Or Debris) Present? R 0.5 1 1.5 3) Are Wrack Lines Present? 0 9A 1 1.5 t 4) Is Water In Channel And >48 Hrs. Since 0 0®. 1 1.5 Last Known Rain? (*NOTE. If Ditch Indicated In #9 Above Skip This Step And #5 Below*) 5) Is There Water In Channel During Dry 0.5 1 1.5 Conditions Or In Growing Season)? 6) Are Hydric Soils Present In Sides Of Channel (Or In Headcut)? Yes=1.5 NoA ' SECONDARYHYDROLOGYINDICATOR POINTS: 1.5 III Biology Absent Weak Moderate Strong 1 Are Fish Present? 0.5 1 1.5 2) Are Amphibians Present? 0.5 1 1.5 3) Are AquaticTurtles Present? 0.5 I 1.5 4 Are Crayfish Present? 0.5 1 1.5 5 Are Macrobenthos Present? 0.5 I 1.5 6 Are Iron Oxidizing Bacteria/Fun s Present? 0.5 1 1.5 7 Is Filamentous Algae Present? 0.5 1 1.5 8) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (* NOTE: If Total Absence Of All Plants In Streambed 2 1 0.75 0®. 0 0 As Noted Above Skip This Step UNLESS SAV Present*). SECONDARYBIOLOGYINDICATOR POINTS: 0.5 TOTAL POINTS (Primary + Secondary)= 8.5 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) 9) Is A Continuous Bed & Bank Present? 0 UI 2 3 (*NOTE: IfBed & Bank Caused By DitchineAnd WITHOUT Sinuosity Then Score=0*) 10) Is A 2°d Order Or Greater Channel (As Indicated On Topo Map And/Or In Field) Present? Yes=3 No fg PRIMARY GEOMORPHOLOGYINDICATOR POINTS: 5 NCDWO Stream Classification Form SCP7 - Non-jurisdictional Channel F Project Name: 143-Acre Toll Brothers Site -Phase II. River Basin: Catawba River County: Union Evaluator(s): IJH and RGJ DWQ Project Number: Nearest Named Stream: Sixmile Creek Signature(s):6T ' Date: 2/3/04 USGS QUAD: Weddington and Catawba NE, NC-SC Longitude: W80'48'50" Latitude: N35° 0' 34" Location/Directions: From Charlotte, take Interstate 77 (I-77) south to Exit 2 (I-485 towards Pineville). Go east on I-485 to Exit 59 (Rea Road). Tum right onto Rea Road and travel for approximately 4 miles to Marvin School Road. Turn right onto Marvin School Road and travel for approximately 2/3 mile to Joe Kerr Road. Turn right onto Joe Kerr Road and travel for approximately %2 mile and the site is located on the left side of the road: *PLEASE NOTE: If evaluator and landowner agree that lhe feature is a man-made ditch, then use of this form is not necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-this rating system should not be used- Primary Field Indicators: (Circle One Number Per Line) 1. Geomorphology Absent Weak Moderate Strong 1) Is There A Riffle-Pool Sequence? ® I 2 3 2) Is The USDA Texture In Streambed 5) Is There An Active (Or Relic) II. Hydrology Absent Weak Moderate Strong 1) Is There A Groundwater PRIMARYHYDROLOGYINDICATORPOINTS.--!!- 111. Biology Absent Weak Moderate Strong I Are Fibrous Roots Present In Streambed? 3 2 1 2) Are Rooted Plants Present In Streambed? 3 2 1 3 Is Perih ton Present? 1 2 3 4) Are Bivalves Present? 1 2 3 PRIMARY BIOLOGY INDICATOR POINTS: 0 Secondary Field Indicators: (Circle One Number Per Line) 1. Geomorphology Absent Weak Moderate Strong 1) Is There A Head Cut Present In Channel? ® 0.5 1 1.5 2) Is There A Grade Control Point In Channel? 0 KA 1 1.5 ¦ 3) Does Topography Indicate A _ Natural Drainage Way? 0 FO -s 1 1.5 SECONDARY GEOMORPHOL OGYINDICA TOR POINTS: I II. Hydrology Absent Weak Moderate Strong 1) Is This Year's (Or Last's) Leaflitter Present hi Streambed? ER 1 0.5 0 4) Is Water In Channel And >48 Hrs. Since 0 0.5 1 1.5 N/A -See *Note Last Known Rain? (*NOTE: IfDitch Indicated lit #9 Above Skip This Step And #5 Below*) 5) Is There Water In Channel During Dry 0.5 1 1.5 Conditions Or hi Growing Season)? 6) Are Hydric Soils Present In Sides Of Channel (Or hi Headcut)? Yes=1.5 No=r I SECONDARYHYDROLOGYINDICATOR POINTS: 1.5 + . orvw 1 Are Fish Present? useui vv- 0.5 I UueraLe 1 otrun 1.5 2 Are Amphibians Present? 0.5 1 1.5 3 Are A uaticTurtles Present? 0.5 1 1.5 4 Are Crayfish Present? 0.5 1 1.5 5 Are Macrobenthos Present? 0.5 1 1.5 6 Are Iron Oxidizing Bacteria/Fun s Present? 0.5 1 1.5 7 Is Filamentous Algae Present? ® 0.5 1 1.5 3) Are Wetland Plants In Streambed? SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL (* NOTE: If Total Absence Of All Plates In Streambed 2 1 0.75 0© 0 0 As Noted Above Skip This Step UNLESS SAV Present*). SECONDARYBIOLOGYINDICATORPOINTS 0.5 TOTAL POINTS (Primary + Secondary)= 4 (If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent) (*NOTE: If Bed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0*) 10) Is A 2°° Order Or Greater Channel (As Indicated On Topo Map And/Or In Field) Present? Yes=3 No? PRIMARY GEOMORPHOLOGYINDICATOR POINTS. I t t 1 F1 INTERMITTENT CHANNEL EVALUATION FORM SCP1- Unimportant Intermittent Stream A ACTION ID: APPLICANT NAME: DATE: 3/13/03 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): WATERBODY/RIVER BASIN: Unnamed Trib to Sixmile Creek/Catawba River basin COUNTY/CITY: Union/Waxhaw RECENT WEATHER CONDITIONS: 70 degrees and sunny, brief morning rain P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present X Benthic Macro Invertebrates Aquatic worm X Amphibians Present/Breeding X Algae And/Or Fungus (water quality function) Green algae X Wildlife Channel Use i.e. tracks, feces, shells, others) X Federally Protected Species Present (Discontinue) X Riffle/Pool Structure X Stable Streambanks X Channel Substrate (i.e. gravel, cobble, rock, coarse sand) Coarse sand to cobble X Riparian Canopy Present (SP =/> 50% closure) Liquidambar styracii lua, Ligustrum sinense, Acer ne ndo, Quercus hellos X Undercut Banks/ In-stream Habitat Structure X Flow In Channel 2 to 3-foot average ordinary high water width X Wetlands Adjacent to/Contiguous with Channel (Discontinue) N/A Persistent Pools/Saturated Bottom (June thru Sept.) N/A See s/Groundwater Discharge (June thru Sept.) X Adjacent Flood lain Present X Wrack Material or Drift Lines X H dro hytic Vegetation in/adjacent to channel Acer ne ndo, Quercus hellos Important To Domestic Water Supply? Y / Does Channel Appear On A Quad Or Soils Map? Y / NO Approx. Drainage Area: Approximately 10 Acres Determination: ? Perennial Channel (stop) ? Important. Channel: LF PROJECT MGR. Initials N Intermittent Channel (proceed) N Unimportant Channel: 900 LF ' ? Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel) ? Ditch Through Upland (no jd) Evaluator's Signature: P=Present SP=Strongly Present NP=Not Present Isaac J. inson 91- -, i SO < INTERMITTENT CHANNEL ' EVALUATION FORM SCP2 - Non-jurisdictional Channel A ACTION ID: APPLICANT NAME: DATE: 3/13/03 ' PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): WATERBODY/RIVER BASIN: Unnamed Trib to Sixmile Creek/Catawba River basin COUNTY/CITY: Union/Waxhaw RECENT WEATHER CONDITIONS:- 70 degrees and sunny, brief morning rain P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present X Benthic Macro Invertebrates X Amphibians Present/Breeding X Algae And/Or Fungus (water quality function) X Wildlife Channel Use (i.e. tracks, feces, shells, others) X Federally Protected Species Present (Discontinue) X Riffle/Pool Structure X Stable Streambanks X Channel Substrate (i.e. vel, cobble, rock, coarse sand) Silt to gravel X Riparian Canopy Present (SP =h 50% closure) In agricultural field X Undercut Banks/ In-stream Habitat Structure X Flow In Channel 1 to 2-foot average ordinary high water width X Wetlands Adjacent to/Contiguous with Channel. (Discontinue) N/A Persistent Pools/Saturated Bottom (June thru Sept.) N/A See s/Groundwater Discharge (June thru Sept.) X Adjacent Flood lain Present X Wrack Material or Drift Lines X Hydrophytic Vegetation in/adjacent to channel Important To Domestic Water Supply? Y / Does Channel Appear On A Quad Or Soils Map? Y / O Approx. Drainage Area: Approximately 5 Acres Determination: ? Perennial Channel (stop) ? Important Channel: LF PROJECT MGR. Initials ' ? Intermittent Channel (proceed) ? Unimportant Channel: LF ? Ephemeral Channel (no jd) (attach map indicating location of important/unimp rtaant channel) ® Ditch Through Upland (no jd) Evaluator's Signature:- A!)?? P=Present SP=Strongly Present NP=Not Present Isaac J. Hinson 1 t i INTERMITTENT CHANNEL ' EVALUATION FORM SCP3 - Perennial Stream B ACTION ID: APPLICANT NAME: DATE: 3/13/03 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): WATERBODY/RIVER BASIN: Marvin Branch/Catawba River basin COUNTY/CITY: Union/Waxhaw RECENT WEATHER CONDITIONS: 70 degrees and sunny, brief morning rain P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present Crayfish X Benthic Macro Invertebrates Dragonfly larvae, am hi ods, and iso ods X Amphibians Present/Breeding Frogs and salamanders X Algae And/Or Fungus (water quality function) X Wildlife Channel Use (i.e. tracks, feces, shells, others) Raccoon and deer tracks X Federally Protected Species Present (Discontinue) X Riffle/Pool Structure X Stable Streambanks Some erosion X Channel Substrate (i.e. gravel, cobble, rock, coarse sand) Coarse sand to cobble X Riparian Canopy Present (SP =/> 50% closure) Ligustrum sinense, Liquidambar styraciflua, Platanus occidentalis X Undercut Banks/ In-stream Habitat Structure X Flow In Channel 4 to 6-foot average ordinary hi water width X Wetlands Adjacent to/Contiguous with Channel (Discontinue) N/A Persistent Pools/Saturated Bottom (June thru Sept.) N/A See s/Groundwater Discharge (June thru Sept.) X Adjacent Flood lain Present X Wrack Material or Drift Lines X H dro hytic Vegetation in/adjacent to channel Platanus occidentalis Important To Domestic Water Supply? Y / Does Channel Appear On A Quad Or Soils Map? 0/ N Approx. Drainage Area: Approximately 4 Square Miles Determination: ® Perennial Channel (stop) ® Important Channel: 4,000 LF PROJECT MGR. Initials ? Intermittent Channel (proceed) ? Unimportant Channel: LF ? Ephemeral Channel (no jd) (attach map indicating location of important/unim rtWt channel) ? Ditch Through Upland (no jd) Evaluator's Signature: J? ? ' P=Present SP=Strongly Present NP=Not Present Isaacon IMI INTERMITTENT CHANNEL EVALUATION FORM SCP4 - Important Intermittent Stream C ACTION ID: APPLICANT NAME: DATE: 3/13/03 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): WATERBODY/RIVER BASIN: Unnamed Trib to Sixmile Creek/Catawba River basin COUNTY/CITY: Union/Waxhaw RECENT WEATHER CONDITIONS: 70 degrees and sunny, brief morning rain P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present Crayfish X Benthic Macro Invertebrates Am hi ods and iso ods X Amphibians Present/Breeding X Algae And/Or Fungus (water quality function) Green algae X Wildlife Channel Use (i.e. tracks, feces, shells, others) Raccoon and deer tracks X Federally Protected Species Present (Discontinue) X Riffle/Pool Structure X Stable Streambanks Vegetated X Channel Substrate (i.e. gravel, cobble, rock, coarse sand) Coarse sand to gravel X Riparian Canopy Present SP =/> 50% closure) Ulmus rubra, Liquidambar styracii lua, Quercus hellos, Juni erus vir iniana X Undercut Banks/ In-stream Habitat Structure X Flow In Channel 3 to 4-foot average ordinary high water width X Wetlands Adjacent to/Contiguous with Channel (Discontinue) N/A Persistent Pools/Saturated Bottom (June thm Sept.) N/A See s/Groundwater Discharge (June thm Sept.) X Adjacent Flood "lain Present X Wrack Material or Drift Lines X Hydro hytic Vegetation in/adjacent to channel Platanus occidentalis, Carex s pp. Important To Domestic Water Supply? Y / Does Channel Appear On A Quad Or Soils Map? Y / ON Approx. Drainage Area: Approximately 10 Acres Determination: ? Perennial Channel (stop) ® Important Channel: 550 LF PROJECT MGR. Initials ® Intermittent Channel (proceed) ? Unimportant Channel: LF ' ? Ephemeral Channel (no j d) (attach map indicating location of important/unim ortant channel) ? Ditch Through Upland (no jd) Evaluator's Signature:__ e,ri„? P=Present SP=Strongly Present NP=Not Present Isaac J. Hinson INTERMITTENT CHANNEL EVALUATION FORM SCP5 - Unimportant Intermittent Stream D ACTION ID: APPLICANT NAME: DATE: 3/21/03 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): WATERBODY/RIVER BASIN: Unnamed Trib to Sixmile Creek/Catawba River basin COUNTY/CITY: Union/Waxhaw RECENT WEATHER CONDITIONS: 70 degrees and sunny, heavy rain within 48 hours I I I P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present X Benthic Macro Invertebrates Am hi ods X Amphibians Present/Breeding Frogs X Algae And/Or Fungus (water quality function) X Wildlife Channel Use (i.e. tracks, feces, shells, others) Raccoon tracks X Federally Protected Species Present (Discontinue) X Riffle/Pool Structure X Stable Streambanks X Channel Substrate (i.e. vel, cobble, rock, coarse sand Coarse sand to gravel X Riparian Canopy Present (SP =/> 50% closure) Liquidambarstyracii lua, Celtis laevigata, Juni erus vir iniana, Ouercus alba X Undercut Banks/ In-stream Habitat Structure Roots in channel X Flow In Channel 3-foot average ordinary hi water width X Wetlands Adjacent to/Contiguous with Channel (Discontinue) N/A Persistent Pools/Saturated Bottom (June thru Sept.) N/A See s/Groundwater Discharge (June thru Sept.) X Adjacent Flood lain Present X Wrack Material or Drift Lines X Hydro hytic Vegetation in/adjacent to channel Celtis laevigata Important To Domestic Water Supply? Y / Does Channel Appear On A Quad Or Soils Map? Y / NO Determination: Approx. Drainage Area: Approximately 5 Acres ? Perennial Channel (stop) ? Important Channel: LF PROJECT MGR. Initials ® Intermittent Channel (proceed) ® Unimportant Channel: 400 LF ? Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel) ? Ditch Through Upland (no jd) ?r- Evaluator's Signature: P=Present SP=Strongly Present NP=Not Present Isaac J. Hin n . I I I I 11 INTERMITTENT CHANNEL EVALUATION FORM SCP6 - Non-jurisdictional Channel E ACTION ID: APPLICANT NAME: DATE: 3/13/03 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): WATERBODY/RIVER BASIN: Unnamed Trib to Sixmile Creek/Catawba River basin COUNTY/CITY: Union/Waxhaw RECENT WEATHER CONDITIONS: 70 degrees and sunny, brief morning rain P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present X Benthic Macro Invertebrates X Amphibians Present/Breeding X Algae And/Or Fungus water quality function) X Wildlife Channel Use (i.e. tracks, feces, shells, others) Deer tracks X Federally Protected Species Present (Discontinue) X Riffle/Pool Structure X Stable Streambanks Vegetated X Channel Substrate (i.e. gravel, cobble, rock, coarse sand) X Riparian Canopy Present (SP =/> 50% closure) Acer rubrum, Quercus cobra, Li uidambar styraciflua, Carya ovata X Undercut Banks/ In-stream Habitat Structure X Flow In Channel 1 to 2-foot average ordinary high water width X Wetlands Adjacent to/Contiguous with Channel (Discontinue) N/A Persistent Pools/Saturated Bottom (June thru Sept.) N/A Seeps/Groundwater Discharge (June thru Sept.) X Adjacent Flood lain Present X Wrack Material or Drift Lines X Hydrophytic Vegetation in/adjacent to channel Important To Domestic Water Supply? Y / t Does Channel Appear On A Quad Or Soils Map? Y / NO Approx. Drainage Area: Ayproximately 5 Acres Determination: ? Perennial Channel (stop) ? Important Channel: LF PROJECT MGR. Initials ? Intermittent Channel (proceed) ? Unimportant Channel: LF Ephemeral Channel (no jd) (attach map indicating location of important/unim orta?nt channel) ? Ditch Through Upland (no jd) Evaluator's Signature: .a. P=Present SP=Strongly Present NP=Not Present Isaac J. inson t t -- INTERMITTENT CHANNEL . EVALUATION FORM SCP7 - Non-jurisdictional Channel F ACTION ID: APPLICANT NAME: DATE: 2/3/04 PROPOSED CHANNEL WORK (i.e., culvert, relocation, etc.): WATERBODY/RIVER BASIN: Unnamed.Trib to Sixmile Creek/Catawba River basin COUNTY/CITY: Union/Waxhaw RECENT WEATHER CONDITIONS: 40 degrees and cloudy P SP NP Observation Comments or Descri tion X Fish/Shellfish/Crustaceans Present X Benthic Macro Invertebrates • Amphibians Present/Breeding X Algae And/Or Fungus (water quality function) X Wildlife Channel Use (i.e. tracks, feces, shells, others) X Federally Protected Species Present (Discontinue) X Riffle/Pool Structure X Stable Streambanks X Channel Substrate i.e. gravel, cobble, rock, coarse sand) X Riparian Canopy Present (SP =/> 50% closure) X Undercut Banks/ In-stream Habitat Structure X Flow In Channel 1-foot average ordinary high water width X Wetlands Adjacent to/Contiguous with Channel (Discontinue) N/A Persistent Pools/Saturated Bottom (June thru Sept.) N/A See s/Groundwater Discharge (June thru Sept.) X Adjacent Floodplain Present X Wrack Material or Drift Lines X Hydro hytic Vegetation in/adjacent to channel Important To Domestic Water Supply? Y / 0 Does Channel Appear On A Quad Or Soils Map? Y / O Approx. Drainage Area: Approximately 5 Acres Determination: ? Perennial Channel (stop) ? Important Channel: LF PROJECT MGR Initials ? Intermittent Channel (proceed) ? Unimportant Channel`. LF ' ? Ephemeral Channel (no jd) (attach map indicating location of important/uni orts?nt channel) ® Ditch Through Upland (no jd) Evaluator's Signature: P=Present SP=Strongly Present NP=Not Present Isaac J. inson 143-:acre Tell Brothers Site - Phase it March 8, 2004 Nationwide Permit No. 39 Application Protect No. 2003-0345 Photograph A. View of Perennial Stream B Photograph B. View of Unimportant Intermittent Stream D United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 July 2, 2003 I I I Mr. Isaac Hinson Staff Biologist II Carolina Wetland Services, Inc. 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 Dear Mr. Hinson: Subject: 321-Acre Toll Brothers Site, Longview South Subdivision, Protected Species Survey, Union County, North Carolina In your letter dated June 3, 2003, you requested our comments with regard to the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Aquatic Resources - According to the information you provided, a freshwater mussel shell was collected within the project area from Perennial Stream A. You indicated that this mussel shell is thought to be the Carolina creekshell (Villosa vaughaniana), a federal species of concern. We are very concerned that the direct impacts to Perennial Stream A and the increased storm-water runoff that will occur as a result of the development of the project area may affect the water quality and the native freshwater mussel species associated with Six Mile Creek, Marvin Branch, and Perennial Stream A. Very few streams in Union and Mecklenburg Counties still support relatively diverse native freshwater mussel faunas, and of those few that do, Six Mile Creek supports one of the healthiest populations of this rapidly declining faunal group. Native freshwater mussels are considered to be the most endangered group of animals in the continental United States. They are also one of the most reliable indicators of water quality and the health and stability of aquatic ecosystems. They are highly sensitive to the effects of the sedimentation, nutrients, and chemical pollutants that often are carried in storm-water runoff from residential areas. Increased storm-water runoff is often associated with large-scale developments, which results in the scouring of stream banks and channels, making the stream habitat unsuitable for freshwater mussels and numerous other aquatic species. Accordingly, we recommend that the project be redesigned to avoid direct impacts to Perennial Stream A within the project area. To avoid direct impacts to the streams and wetlands within the project area, only 6 houses ' (approximately) out of the 310 proposed for construction would have to be redesigned or ' eliminated from the plans. We also recommend that measures such as the establishment and protection of forested stream buffers and the use of wetland retention areas, as well as other storm-water control measures addressed below, be. incorporated into the project to help catch and filter storm-water runoff and to help protect the quality of Six Mile Creek and its tributaries and the significant aquatic resources they continue to support. Without the incorporation of such measures, we will recommend to the U.S. Army Corps of Engineers (Corps) that a permit not be ' issued for this project. Federally Listed Species - According to (1) our records, (2) a review of the protected species survey you provided, and (3) telephone conversations you had with Ms. Denise Moldenhauer of our staff, no listed species occur on the site. We concur with your determination that the proposed project will not affect endangered or threatened species. Therefore, we believe the requirements under section 7 ofthe Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new information reveals. impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action ' is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. ' Fish and Wildlife Resources - We are concerned about the direct and indirect impacts to wetlands and streams and the potential secondary and cumulative impacts associated with this proposed development. We would like to review the acreage of wetlands and linear feet of ' streams that will be impacted as a result of the project as well as an analysis of practicable alternatives that would avoid and minimize impacts. We strongly suggest that an alternative be ' developed that avoids impacts to streams and wetlands on the property. Adopting ordinances that protect wide forested riparian corridors and the 100-year floodplain and that adequately treat storm water in development areas is essential to the protection of water quality and aquatic t habitat in rapidly developing landscapes. During the process of developing construction plans, we recommend that you address the issues of erosion control, impervious surfaces, and storm-water control. We recommend that the following measures be incorporated in order to minimize impacts to fish and wildlife resources. 1. Loss of riparian buffers and inadequately controlled storm-water runoff from ' residential and other developed areas are major factors resulting in the degradation and loss of aquatic resources. Forested riparian buffers serve as filters for contaminants, lessen storm-water velocities, provide thermal cover, ' and protect stream-bank stability. Forested buffers should be a minimum of 100 feet wide along perennial streams and 50 feet wide along intermittent streams and wetlands. Utility lines should be kept out of riparian buffer areas. ' When it is not possible to implement the minimum buffers, we suggest that sewer lines be constructed of a substance equal to the durability of ductile iron, ' and both sewer and water lines should be located as far away from streams as functionally possible. 2 I I I I i 11, 2. In addition to the protection of riparian buffers, we strongly discourage the installation or construction of sewer lines or structures in the 100-year floodplain for commercial or residential development. Construction in the floodplain increases the potential for flooding adjacent properties and interferes with the natural hydrological process of the waterways. Undeveloped floodplain provide the riparian vegetation that is used by aquatic and terrestrial wildlife, supply a rich food source to aquatic communities, and trap sediment from entering aquatic systems. The construction of roadways in new neighborhoods can produce short-term direct impacts as well as long-term cumulative effects. Studies have shown a serious decline in the health of receiving waters when 10 to 15 percent of a watershed is converted to impervious surfaces. We recommend reduced road widths and the use of grassed sv?ales in place of curb and gutter. We also recommend on-site storm-water management (i.e., bioretention areas) that will result in no net change in the hydrology of the watershed. These designs often cost less to install and significantly reduce environmental impacts from residential development. 4. Stringent measures to control erosion and sediment should be installed and maintained in order to prevent unnecessary impacts to aquatic resources within and downstream of the project site. Herbaceous vegetation should be planted on all bare soil immediately following any ground-disturbing activities in order to prevent soil erosion. Fertilizers, herbicides, and pesticides should not be used near streams. 5. Heavy equipment should not be operated in streams or on stream banks. All mechanized equipment operated near surface waters should be inspected to prevent contamination from toxic materials. We appreciate having the opportunity to review this project. We would be happy to meet with you and the Corps to discuss our concerns and assist in any way we can to help you design and implement the project in a way that will meet your objectives while avoiding impacts to significant terrestrial and aquatic resources. Please contact Denise at 828/258-3939, Ext. 226, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-03-257. Sincerely, Brian P. Cole State Supervisor 3 1 ' cc: Mr. Steve Chapin, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Mr. Rich Keagy, P.E., Stantec Consulting Services, Inc., 5265 Parkway Plaza Boulevard, ' Suite 130, Charlotte, NC 28217 Ms. Danielle R. Pender, Eastern Piedmont Permit Coordinator, Falls Lake Office, North Carolina Wildlife Resources Commission, 1142 I-85 Service Road, Creedmoor, NC 27522 1 4 i i i i i i i i.. fe ,5 S Y 2 ?. y ^r t.; ?, zti ti \ ~ r ,r /\ l i" V Y FIGURE 4b FIGURE 4c ?y f APPROXIMATE SCALE: 1" = 500' N JURISDICTIONAL STREAM CHANNEL I f SCALE DATE SHEET t' = 500'-0• 1/16/04 Carolina Wetland Services FLD. BK. P0. DRANK BY FIGURE 4a. PROPOSED IMPACTS INDEX SHEET 1 5000 Nations Crossing Rd, suite 230 a 28217 Ch tt N th C li rl 143-ACRE TOLL BROTHERS SITE - PHASE II OF e, or aro n o a JDB NO. CHECKED BY UNION COUNTY, NORTH CAROLINA 4 2003-0345 GCA 71 JURISDICTIONAL WETLAND AREA ?L /./, - IMPACTED JURISDICTIONAL AREA t ` l 0 \` %\ 00 FIGURE 4d/;,' ; t` i i i i i i i 1 l+ ? , l 3 ; tdgr? f; Wetland AA 0.08 acre Impacted 4i ? o ? ? X90 y ? - ? ??, °A v Unimportant Intermittent Stream A } \ 0,05 acre (891 It) Impacted LEGEND JURISDICTIONAL STREAM CHANNEL JURISDICTIONAL WETLAND AREA IMPACTED JURISDICTIONAL AREA APPROXIMATE SCALE: 1" = 100' SCALE DATE - SHEET . 100'-0' /IB/Ga n FIGURE 4b. PROPOSED IMPACTS 2 e ego Caroline Welland Services FLD. &f. PG DRAWN BY i 5000NalionsCrossing Rd Suite 230 143-ACRE TOLL BROTHERS SITE - PHASE II of , e . Charlmle North Caroli 28217 lJH , y, , na UNION COUNTY NORTH CAROLINA JOB NO. CHECKED BY , 4 2003-0345 GCA ? ?`Nlh..., "< "' LEGEND JURISDICTIONAL STREAM CHANNEL T ' JURISDICTIONAL WETLAND AREA _ IMPACTED JURISDICTIONAL AREA APPROXIMATE SCALE: 1" = 100' SCALE DATE SHEET 1' =100'-0• 1/18/04 `"?4qa Carolina Wetland Services FLD PG BK DRAWN BY FIGURE 4c. PROPOSED IMPACTS 5000 Nations Crossing Rd, Suite 230 ° ' l N h C li 28217 2 Ch . . . IJH 143-ACRE TOLL BROTHERS SITE - PHASE II OF s ar otte, ort aro na r JOB N0. CHECKED BY UNION COUNTY, NORTH CAROLINA 4 2003-0345 GCA - i i i i i t tt I. 1 i Conservation Easement r c t ,r ' Pe r enn a I St 'r eam'B 295 1 1 n e a r feet Impacted A V\ LEGEND JURISDICTIONAL STREAM CHANNEL JURISDICTIONAL WETLAND AREA IMPACTED JURISDICTIONAL AREA N APPROXIMATE SCALE: 1" = 100' SCALE DATE SHEET loo'-o• /1e/04 FIGURE 4d. PROPOSED IMPACTS 4 Quxuv Carolina Welland Services FLD. BK.. PC. DRANK BY i t 5000 Nations Crossing Rd Suite 230 143-ACRE TOLL BROTHERS SITE - PHASE II of , Ch tte N rth C li 28217 l dN ar o , o aro na NORTH CAROLINA UNION COUNTY JOB NO. CHECKED BY , 4 2003-0345 GCA Michael F. Easley, Governor O? W ATFR . William G. Ross Jr., Secretary QC I C? North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P.E.; Director r Division of Water Quality -I Coleen H. Sullins, Deputy Director I O '7? Division of Water Quality December 1, 2003 ' DWQ# 03-1190 Union County Mr. Bob Kardos ' Toll Brothers, Inc. 10800 Sikes Place Suite 100 Charlotte, NC 28277 APPROVAL of State General Permit for Impacts to Isolated Wetlands with Additional Conditions, ' Longview Subdivision, Phase 1, Union County Dear Mr. Kardos: ' You have our approval, in accordance with the attached conditions, to place permanent fill in 0.9 acre of isolated wetlands for the purpose of lot fill in order to construct the residential development at Longview Subdivision on John Kerr Road in. Union County, as described in your application received by the Division of Water Quality (DWQ) on September 26, 2003 and in additional correspondence received on November 7, 2003. After reviewing your application, we have determined that this fill is covered by the State-General Permit for Impacts to Isolated Wetlands and Isolated Waters, Permit Number IWGP100000, which can be viewed on our web site at ' http://h2o.enr.state.nc.us/ncwetlands. In addition, you should get any other federal, state or local permits before you proceed with your project including (but not limited to) those required by Sediment and Erosion Control, I Non-Discharge, and Water Supply Watershed regulations. 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 anew application for a new certification. If the property is sold, the new owner must be given a copy of the Permit and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). ' For this approval to be valid, you must follow the conditions listed -in the attached certifications, as well as the additional conditions listed below: I1. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC ' Division of Water Quality upon completion of.the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must ' act within 60 days of the. date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 1506 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 fora hearing. ' ENWR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) ' 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (lttto•//h2o enr state.nc.usinewetlands) Customer Service #: 1-877-623-6748 Mr. Bob Kardos ' December 1, 2003 Page Two 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 contact Mr. Michael Parker in the DWQ Mooresville Regional Office at 704-663- 1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, ' Alan W. Klimek, P.E. ' Director /mlp Attachments ' cc: U. S. Army Corps of Engineers, Raleigh Regulatory Field Office ' Mooresville DWQ Regional Office Central Files Wetlands/401 File Copy ' Carolina Wetland Services, 5000 Nations Crossing, Suite 230, Charlotte, NC 28217