19930584 Ver 1_Complete File_19930714

DEPARTMENT OF THE ARMY D
WILMINGTON DISTRICT, CORPS OF ENGINEERS ? ='
P.O. BOX 1890 993
WILMINGTON, NORTH CAROLINA 28402-1890 SEP Z 1 I
IN REPLY REFER TO September 17, 1993 ' WINM EI
Regulatory Branch ?I?M
Action ID No. 199304306 and Nationwide Permit No. 26 Headwaters and Isolated
Waters)
Ms. Lizzie Gray Knox Mayberry
106.Gilead Road
Huntersville, North Carolina 28078 l
Dear Ms. Mayberry:
Reference your application of July 7, 1993, for Department of the Army
(DA) authorization to fill approximately[-8?acre of wooded wetlands within the
headwaters of Torrence Creek for road co struction and lot development at a
proposed residential subdivision at the end of Hugh McAuley Road near
Huntersville, Mecklenburg County, North Carolina.
For the purposes of, the U.S. Armf Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM). You should contact Mr. John Dorney, telephone (919)
733-1786, regarding water quality certification. This NWP does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend, or
revoke the authorization.

-2-
Questions or comments may be addressed to Mr. Steven Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr-.- -John Dorney
Water Quality Section
Division of Environmental Management.
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. David Patrick
Patrick Wetland Consultants
280 Highway 29 South
Suite 120, Box 304
Concord, North Carolina 28027
L
DEPARTMENT OF THE ARMY U
WILMINGTON DISTRICT, CORPS OF ENGINEERS ?s
P.O. Box 1890 SEP Z 11993
r U
WILMINGTON, NORTH CAROLINA 28402-1890
September 17, 1993
IN F1tPLY HhI-tK 1 V
Regulatory Branch
Action ID No. 199304305 and Nationwide Permit No. 12 (Utility Line Backfill
and Bedding)
Ms. Lizzie Gray Knox Mayberry
106 Gilead Road
Huntersville, North Carolina 28075
Dear Ms. Mayberry:
Reference your application of July 7, 1993, for Department of the Army
(DA) authorization to construct approximately 1,510 linear feet of sewer line
within wetlands adjacent McDowell Creek at a proposed residential development
at the end of Hugh McAuley Road near Huntersville, Mecklenburg County, North
Carolina. This proposed sewer line would also cross McDowell Creek at four
separate locations.
r
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization, pursuant to Section 404 of the Clean Water Act, was provided
for the discharge of material for Backfill or bedding for utility lines,
including outfall'and intake` structures, provided there is no change in
pre-construction contours.
Your work is authorized by this NWP provided it is accomplished in strict
accordance with the enclosed conditions and provided you receive a Section 401
water quality certification from the North Carolina Division of Environmental
Management (NCDEM). You should contact.Mr. John Dorney, telephone (919)
733-1786, regarding water quality certification. This NWP does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide-authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP, activities which have commenced (i.e., are under
?... ,t a . R'. ."?
'i
-?
,r,?
,, ?
-2-
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend or
revoke the authorization.
Questions or comments may be addressed to Mr. Steven Lund, Asheville Field
Office, Regulatory Branch, tele0one (,04)h 271-4857.
Sincerely,
G. .Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure}::
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. David Patrick
Patrick Wetland Consultants
280 Highway 29 South
Suite 120, Box 304
Concord, North Carolina 28027
State of North Carolina
Department of Environment,
-' Health and Natural Resources ? • 0
Division of Environmental Management
James B. Hunt, Jr„ Governor u
!onathan B. Howes, Secretary C)E"N F1
A. Preston Howard, Jr., P.E., Director
August 4, 1993
Lizzie Gray Knox Mayberry
106 Gilead Road
Huntersville, N.C. 28075
Dear Ms. Mayberry:
Subject: Proposed fill in Wetlands or Waters
Residential development
Mecklenburg County
DEM Project # 93584
Upon review of your request for 401 Water Quality
Certification to place fill material in 2.23 acres of wetlands or
waters which are tributary to McDowell Creek for residential
development and sewer line located at one mile south of Sam Furr
Road in Mecklenburg County as described in your submittal dated 7
July 1.993, we have determined that the proposed fill can be
covered by General Water Quality Certification Nos. 2664 & 2671
issued January 21, 1992. Copies of the General Certifications are
attached. These Certifications may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit.Nos. 12 &
26.
If these Certifications are unacceptable to you, you have
the-right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of these Certifications. This
request must b"e in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, P.O. Box 274471
Raleigh, N.C. 27611-7447. Unless such demands are made, this
Certification shall be final and binding.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerer,
I?
reston Howard, Jr. P . E .
93584.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
David Patrick; Patrick Wetland Consultants
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEM ID: - I -35?!/
ACTION ID:
APPLICATION FOR AUTHORIZATION UNDER NATIONWIDE PERMIT NO. NWP # 26
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P. 0. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONM.M
NC DEPARTMENT OF ENV
AND NATU
P. O. BOX 29535
RALEIGH, NC 27626-0
ATTN: MR. JOHN DORN
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT :i0
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION.
MANAGEMENT. PLEASE PRINT.

S-60 T
LXYOF
1. OWNERS NAME: LIZZIE GRAY KNOX MAYBERRY
2. OWNERS ADDRESS: 106 GILEAD ROAD, HUNTERSVILLE, NC, 28078
3. OWNERS PHONE NUMBER (HOME):(704) 875 - 6583 (WORK): -----
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: DAVID PATRICK, PATRICK WETLAND CONSULTANTS, 280 HWY 29 SOUTH,
SUITE 120 / BOX 304, CONCORD, NC, 28027, [phone]
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: MECKLENBURG
NEAREST TOWN OR CITY: HUNTERSVILLE, NC
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): APPROXIMATELY 1
MILE SOUTH OF SAM FUR ROAD AT THE END OF HUGH MCAULEY ROAD, WEST OF I-77
AND EAST OF MCDOWELL CREEK.
6. NAME OF CLOSEST STREAM/RIVER: MCDOWELL CREEK
7. RIVER BASIN: CATAWBA RIVER
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [XX]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [XX]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
14 ACRES
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 0.83.ACRES
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 0.83 ACRES
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): CLEAN FILL MATERIAL WILL BE
USED TO FILL A SMALL ISOLATED WETLAND AT THE EAST SIDE OF THE PROPERTY
13. PURPOSE OF PROPOSED WORK: IMPROVEMENT OF UNSUITABLE BUILDING CONDITIONS FOR
CONSTRUCTION OF SINGLE FAMILY HOUSING SUBDIVISION r
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS.
FULL AND REASONABLE USE OF THE PROPERTY FOR SINGLE FAMILY HOUSING REQUIRES
THE IMPROVEMENT OF UNSUITABLE BUILDING CONDITIONS IN THIS WETLAND; ALL
LOTS ARE TO BE KEPT OUTSIDE OF THE FLOODPLAIN WETLANDS (13+ ACRES) TO
MINIMIZE WETLAND IMPACTS.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OF
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [B%] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY
BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [%%] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. ATTACH STORMWATER MANAGEMENT PLAN FOR THIS PROJECT, IF REQUIRED.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? RURAL/ AGRICULTURAL AND
RESIDENTIAL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? DISCHARGE
TO CENTRALIZED SYSTEM (CHARLOTTE-MECKLENBURG UTILITY DISTRICT)
Q3
OWNER' SIGNATURE DATE
L; xx.('e G-Re /diva k Al ?vLe-RR )i
OWNER'S NAME (PRINTED)
N /A
OWNER'S TITLE (IF APPLICABLE)
MAYBERRY PROPERTY / McDOWELL CREEK
PROTECT NARRATIVE
The applicant proposes to provide for construction of a single-family Residential subdivision on
168 acres adjacent to McDowell Creek in northern Mecklenburg County. Construction of the
subdivision will require filling a 0.83-acre isolated wetland along the east side of the property,
and installation of 1,510 linear feet of sewer line in wetlands of the McDowell Creek floodplain.
McDowell Creek will be crossed four times to provide connections between the sewer line
system of the subdivision and the main interceptor of the Charlotte-Mecklenburg Utility District.
Location of the crossings is determined by the location of the manholes of the existing CMUD
interceptor. In addition to these impacts to jurisdictional wetlands, the applicant proposes to
construct a pit-gravel or similar nature trail in the floodplain, including wetlands,. of McDowell
Creek. Authorization for this discharge is applied for under separate Individual Permit
Application procedures.
The extent of jurisdictional wetlands was determined by the applicant's agent and reviewed in
the field and confirmed by the agent and by a representative of the Corps of Engineers Asheville
field office (Steve Lund) on A1oye4-,6e-,- 16 . ) 192- . A survey of the wetland
line is attached to the application documents. Wetland vegetation is described in the attached
Routine On-site Determination Data Forms.
To minimize impacts to wetland, no new sewerage interceptor is proposed along east.side of
creek. Although this would reduce to the number of creek crossings to one, it would entail over
3,000 feet of addtional sewer line in floodplain wetlands along the east side of the creek. In
addition, there are no lots to be located in wetlands of the floodplain of McDowell Creek. This
reduces the number of potential lots available for development, and substantially reduces the
economic benefits of using the property. This is done specifically in the interest of minimizing
impacts to wetlands of McDowell Creek.
As partial mitigation for impacts associated with filling the isolated wetland, the applicant
proposes to offer to donate the McDowell Creek wetlands and floodplain area of the property
to the Mecklenburg County Park and Recreation Department for its Greenway Program.
The applicant's agent has met with the SHPO (represented by Susan Myers and Elizabeth
D'Iorio) and has reviewed the SHPO records regarding presence of archaeological and/or
historical resources. No cultural resources are known to be present anywhere on the subject
property, nor have any surveys to determine the presence of such resources been performed.
The applicant's agent has reviewed the records of the U. S. Fish and Wildlife Service, and met
with (Mike Schafale) and reviewed the Natural Heritage Program records regarding presence of
listed threatened and/or endangered species of plants and/or animals, or those proposed for
listing. There are no records of such species occuring anywhere on the subject property, nor
have any surveys to determine the presence of such resources been performed. Further, field
review by the applicant's agent has not resulted in identification of any protected species of
plants or animals.
DATA FORM
ROUTINE ONSITE DETERMINATION METHODI
Field Investigator(s): PA-?x4c.fc - Date: S"- a 7 2- -
proiectlShe: State: N ?- County: 1h'5c.tt LE,v ou P-S'
Applicant/Owner: 442-7-1 mtdl-666!2 Plant Community #/Name: 1 s o?FN?? w E7LR+)h
Note_ If amore detailed site description is necessary, use the back of data form or a field notebook_
Do norm 4l environmental conditions exist at the plant community?
Yes No (If no, explain on back)
Has the vegetation, soils, and/or hydrology been. significantly disturbed?
Yes No -_ (If yes, explain on back)
Dominant Plant Species
1. Arc rud ru w-
/Y0.y?ic?
2. Ftxx;rws P"AS5!
3. l-,?s ?,daKbdt? sEyrun; A"
4. Uf,?kks a a-; ?4
6. CrChIks rw0MUM
7. ?1C1 F- ru 6 ru n.?
8. ?'nus ft 1V4t wAc4.
9. I.I?S A^^G^V"IGG.?tiq
10. Qo?f.ti,ee;? cvl?l??r;co
VEGETATION
Indicator Indicator
Status Stratum Dominant Plant Species Status
r 71-

FA-G 11
Cw 1 2
e- f
F N-C %J
tt-
FAe-w f.
?w
k
cw +

?.
Is the hydrophytic vegetation criterion met? _ Yes No Stratum
. t'at?.+?Cw.?.S
. SlwrutNs Ca.rnuus
13.
14.
15.
16.
17.
18.
19.

20. n AL
Percent of dominant spades that are OBL, FACW, and/or FAC Q8 qo
Co re K r.t,
u
Other hydric soil indicators: -??5 ". ""? ?
SOILS
Series/phase: Q S? ( sw.Au C- (49 ?oaw_ l wun?s?,L-Subgroup:2
Is the soil on the hydr;c soils list? Yes No Undetermined
Is the soil a Histosol? Yes No ?Histic epipedon present? Yes No
Is the soil: Mottled? Yes No Gleyed? Yes No
Matrix Color. S y ' 2- Mottle tors: ?
Is the hydric soil criterion met? Yes No
n?a.?-E??
Rationale: 1sc(k4d acew wi;???, ?4M A ouA If
Is the soil saturated? Yes 4_ No O
Is the wetland hydrology criterion met? Yes No
JURISDICTIONAL DETERMINATION AND RATIONALE
HYDROLOGY
Is the ground surface inundated? Yes No ? Surface water depth:
Depth to free-standing water in ph/soil probe hole:
List other field evidence of surface inundation qqr s I saturation.
Ste. S -(n f 2 " ors '?*ce.s d t; ?f G.?ri C
Rationale: e-vid.¢-ce cP e.>ti-e.w? ?l?.und?af+?t rsa-?i.???or ??-?kS
,k
Is the plant community a wetland? Yes ? No
Rationale for'jurisdictional decision: Err -^"' G^lt'F"''e,
1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community
Assessment Procedure.
2 Classification according to "Soil Taxonomy
B-2
All I
? t?(09)
l I
3921
1? '766
( 1? \\\\\ ?` I j gas ??'3
1 •I i. / , `' o ) ?? ((.\ ( rte' f?q
'laIUWelt;?', •' l??- _ ail (' // i J `ti \ / J l (i' \' '?` ?\ \, < ?t ri
`rG m .f . ?. 3 M-784,. •/ , ? ,.'' ) / ?\ / \ 1 , ) . ? ' ' , ?, / /i l / , / !j
icks Cro?ssroac3 J \ l \ l S o? ..1? '11
1 1
3920
I 796) , : ; I I` ) \1
' jlo, ??, VIII ?I``?1 •?, , All,
\Ilk 25'
' I' 1 1 / ?
3919
/9
\ it j / I (o\ Il /'
o i! -/r 11 '?/. ( 750
Ilk
/ I ) > y t
70
2139
684 1, 7 13M 15
3918
236
C
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??? ' \I ! ?1 ?1 i'?° ROAD CLASSIFICATION
Primary highway, Light-duty road, hard or 3917
\ 11?.. If rl , , i hard surface ............ improved surface
O"
Secondary highway, •n?
_ / I ftt 1?
\\,. hard surface...._ ...............? Unimproved road......----...--
1 1l Interstate Route C3 U. S. Route O State Route
Pe_
?0() 736
II\? ?'3??: LAKE NORMAN SOUTH, N. C.
N3522.5-W8052.5/7.5
3916
?. 679 '? \l\` i i • \ \ ??- '
1970
700
AMS f`
\ 4854 IV NW-SERIES V842
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MEMORANDUM PRINT NAMES:
P.eviewer
?t3G
TO: John Dorney WO Supv .:
Planning Branch DATE : 171a3
-
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR:
APPL I CAN"' NAME :
PROJECT TYPE:
r :OE_# .
RCD_FROM_CDA:
REG_OFFICE:
93 PERMIT NO: 0000584 COUNTY: MECKLENBURG
L I Z Z I E GRAY KNO.X MAYBERRY
COnMERCIAL PERMIT TYPE: 26/12
APP
MR0
DOT
DATE _FRM_CDA: 07/07/93
RIVER _AND_SUI _BASIN_# ;?j#&fz Rj,,,
,?' Op NA
03-08-13 " E30i1RCES
ST"1R-INDEX-NO € i - Il s- C\ s
T
A WS
WL_IMPACT?: VN
WL_REOUESTED : Q - g 3
WL_SCORE(#): I¢
HYDRO__CNECT? : Y16
MITIGATION-TYPE: t1lp
COMMENTS:
WL_TYPE: PM -JUL 1 9 1993
WL_ACR_ES'? 0VIytR00,,` A
WATER IMPACTED BY FILL.: Y/??`??? OffICE 47
MITIGATION?: Y
MITIGATION_SIZE: t//A
IS WETLAND RATING SHEET ATTACHED?: Y/N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
i?.???.Yc?T /.S A/L 6!98Z4 To T•fe ????7iar?,. ?•s?yC
cc: Regional Office
Central Files III JUL 28
U

Hydrologically connected
Wetland type (select one) o Other
o Swamp forest o Shoreline •
o Bottomiand hardwood forest o Stream channel
o Carolina bay o Saft marsh
o Pocosin o Brackish marsh •
o Pine savannah o Freshwater marsh
o Wet flat o Bog/Fen •
Perched o Vernal pool
surn
s• Water storage IY::;:::>::;:.::::::.v,;; •
Bank/Shoreline stabilization .D_'' s x 4.00 =
.
Pollutant removal .
`>`'
Sensitive watershed x 1.50 =
Dispersal corridor - Q
Special ecglogical attributes
Wildlife habitat ->'` { '<<< x 1.50
Aquatic fife value -h ..
Recreation/Education
Economic value x 0.25 =
Wetland area acres Wetland width feet
Nearest road
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): 1,510 FEET OF NEW SEWER LINE
WITHIN 40-FOOT CONSTRUCTION CORRIDOR; CROSSING MCDOWELL CREEK FOUR TIMES
TO CONNECT TO EXISTING CMUD MANHOLES
13. PURPOSE OF PROPOSED WORK: PROVIDE SEWER SERVICE TO NEW SINGLE FAMILY
RESIDENTIAL SUBDIVISION
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS.
CONSTRUCTION OF GRAVITY SEWER LINES MUST OCCASIONALLY OCCUR IN WETLANDS
ALONG MAJOR STREAMS; MCDOWELL CREEK MUST BE CROSSED TO GET TO EXISTING
CMUD MANHOLES; ALL RESIDENTIAL LOTS WILL BE KEPT OUT OF THE FLOODPLAIN
WETLANDS TO MINIMIZE IMPACTS TO ON-SITE WETLANDS.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OF
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [XX] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY
BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [XX] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. ATTACH STORMWATER MANAGEMENT PLAN FOR THIS PROJECT, IF REQUIRED.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? RURAL /AGRICULTURAL AND
RESIDENTIAL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? DISCHARGE
TO CENTRALIZED SYSTEM (CHARLOTTE-MECKLENBURG UTILITY DISTRICT)
-, ?? z? 193
-MNER'S IGNATURE DATE
Liz -./e a Rzf/l{H0''/ft Ay,GeR ?
OWNER'S NAME (PRINTED)
OWNER'S TITLE (IF APPLICABLE)
MAYBERRY PROPERTY / McDOWELL CREEK
PROTECT NARRATIVE
The applicant proposes to provide for construction of a single-family residential subdivision on
168 acres adjacent to McDowell Creek in northern Mecklenburg County. Construction of the
subdivision will require filling a 0.83-acre isolated wetland along the east side of the property,
and installation of 1,510 linear feet of sewer line in wetlands of the McDowell Creek floodplain.
McDowell Creek will be crossed four times to provide connections between the sewer line
system of the subdivision and the main interceptor of the Charlotte-Mecklenburg Utility District.
Location of the crossings is determined by the location of the manholes of the existing CMUD
interceptor. In addition to these impacts to jurisdictional wetlands, the applicant proposes to
construct a pit-gravel or similar nature trail in the floodplain, including wetlands, of McDowell
Creek. Authorization for this discharge is applied for under separate Individual Permit
Application procedures.
The extent of jurisdictional wetlands was determined by the applicant's agent and reviewed in
the field and confirmed by the agent and by a representative of the Corps of Engineers Asheville
field office (Steve Lund) on A)oye+,AA r 1 (, , ) 192- . A survey of the wetland
line is attached to the application documents. Wetland vegetation is described in the attached
Routine On-site Determination Data Forms.
To minimize impacts to wetland, no new sewerage interceptor is proposed along east side of
creek. Although this would reduce to the number of creek crossings to one, it would entail over
3,000 feet of addtional sewer line in floodplain wetlands along the east side of the creek. In
addition, there are no lots to be located in wetlands of the floodplain of McDowell Creek. This
reduces the number of potential lots available for development, and substantially reduces the
economic benefits of using the property. This is done specifically in the interest of minimizing
impacts to wetlands of McDowell Creek.
As partial mitigation for impacts associated with filling the isolated wetland, the applicant
proposes to offer to donate the McDowell Creek wetlands and floodplain area of the property
to the Mecklenburg County Park and Recreation Department for its Greenway Program.
The applicant's agent has met with the SHPO (represented by Susan Myers and Elizabeth
D'Iorio) and has reviewed the SHPO records regarding presence of archaeological and/or
historical resources. No cultural resources are known to be present anywhere on the subject
property, nor have any surveys to determine the presence of such resources been performed.
The applicant's agent has reviewed the records of the U. S. Fish and Wildlife Service, and met
with (Mike Schafale) and reviewed the Natural Heritage Program records regarding presence of
listed threatened and/or endangered species of plants and/or animals, or those proposed for
listing. There are no records of such species occuring anywhere on the subject property, nor
have any surveys to determine the presence of such resources been performed. Further, field
review by the applicant's agent has not resulted in identification of any protected species of
plants or animals.
DATA FORM
ROUTINE ONSITE DETERMINATION METHOD1
Field Investigator(s): .140 P&79 (c k Date: :5r-or. 96 072-
Project/She: 'e a Ek State:-C- County: MECKLErJ1quRC-
ApplicanVOwner: L,zz,E mA11 CI V Plant Community #/Name: of . /fi). o hl"? we(1 Gr-.
Note_. If amore detailed site description is necessary, use the back of data form or a field notebook.
Do - - - -
--------------------------------------------------
Do normal environmental conditions exist at the plant community?
Yes *_ No (If no, explain on back)
Has the vegetation, soils, and/or hydrology been significantly disturbed?
Yes No -'I,-_ (K yes, explain on back)
---------------------------------------------------
Indicator
Dominant Plant Species Status
1. AC&t- r-k,6 ru e - FA C
2. FYV6 X;nuS .4CnnsV1 4 ie-4 FACuJ
3. Q, ?-cu s A I n (l0 S Rc?a -
4. Ai aev: s rgeoJ
5. ?": tr s a ; Yira c
6. L r ,' d t F?. G' iEA r-
7. P/afanus occ;c0erfw?'s O. CW -
8. SAGk NIM 01S
9. CAA-0;hus Caro tir'j Rhy FA C-
10. ?i3usfrue. S'hen5c 4C-
VEGETATION Indicator
Stratum Dominant Plant Species Status Stratum
C-arnus a morn" M'
C 11 R-- W f S43 -
.
fF/fernant?wa i/oXere%daS
` 12 (DEL ?l
.
rOniGer4 .(4PwuGa
13 AG.
.
14. lox7codev.?vo,? r+•?' iLahs
!1 G
15. Sw.?lak gyp.
" 16. Sgururu S Cr r? U 5 OD L "
' 17.

SK8 - 19.
20.
Percent of dominant species that are OBL, FACW, and/or FAC /o0 90
Is the hydrophytic vegetation criterion met? Yes -k No
Rationale: -A It s?+¢ue5 Cart 44 F-A-c v?nos? f--r4C1? er c?{?G' S?eu`e,S Wig
t 4,v-4 ? -? Q reaQ GD tJe?1?'
SOILS
Series/phase: t'(10haC C??rase?? Subgroup:2
Is the soil on the hydr'ic soils list? Yes No -Ak- Undetermined
Is the soil a Histosol? Yes No 4,-_ Histic epipedon present? Yes _ 4- No
Is the soil: Mottled? Yes -?- ? No Gleyed? Yes - No
Matrix Color: '1'6- LL 4/4. Mottle Colors: ?Y syz
Other hydric soil indicators:
Is the hydric soil criterion met? Yes _ No
Rationale: so f Euae 1 a& 'C110,4s dr'? the?ccSrbv?S cry wets'ajksx-
zogc HYDROLOGY
Is the ground surface i undated? Yes -k No Surface water depth: 4
Is the soil saturated?bMas -Nt-_ No
" -
Depth to free-standing water in ph/soil probe hole: O -3
Ust other field evidence o surface inuntoation or soil saturation. Sa?cx
S TAw?1 f?r.? S e? 5 ? ', - - 0.? V ?•t 'E- 0 to S 1"CC7?T? 9
Is the wetiand hydrology criterion met? Yes_ No Rationale: do A yr , T Ga `l?? T A e". J2
?Ir ?t?d'k? av? /fir- S?t?u ra{1? ?`^ r' kq
4'gAz on %j
w ,h
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes_ No
Rationale for"jurisdictional decision: a (1 re'- c-^ few' ^^?''? "?'r
1 This data form can be used for the Hydric Soil Assessment Procedure and the Plant Community
Assessment Procedure.
2 Classffication according to 'Soil Taxonomy

B-2
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ROAD CLASSIFICATION
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U Interstate Route C3 U.'S. Route O State Route
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