HomeMy WebLinkAbout19950791 Ver 1_COMPLETE FILE_19950806State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A AT1.5?FA
r4*9 AV
ID EHNF1
September 11, 1995
Moore County
DEM Project # 95791
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. J. L. Anderson
P. O. Box 940
223 South Hancock Street
Rockingham, N.C. 28379
Dear Mr. Anderson:
You have our approval to place fill material in 8.8 acres of wetlands or waters for the purpose of
constructing a lake and equestrian community at Seven Lakes (NC 211 and SR 1241), as you
described in your application dated 26 July 1995. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Numbers 2671 and 2732. These
certifications allow you to use Nationwide Permit Numbers 26 and 14 when they are issued by the
Corps of Engineers.
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 and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Additional written DEM approval is needed for the mitigation plan. Horse pastures shall be no closer
than 25 feet from the high water mark of lakes and streams. Deed restrictions shall be placed on all
jurisdictional wetlands on lots. In addition, you should get any other federal, state or local permits
before you go ahead with your 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 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
S' e 1
estop ward7r.. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
Laura M. Fogo
95791.1tr?
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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Project na
Countv!
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_-Nearest road I
acres Wetland Md
Name of evaluator Date - Q3 '7 -J'
etland loat?on Adjacent land use
67
xA {within 1/2 mile upstream; upslape
on pond or la_k? ` or radius}
'. n perennial strew ` .
D.? .
Jff?
i interruitt} ltstrean ? ? forestflalnaturai vegetation
? agriculture urban/suburban' gn
1? with-in interstream divide 1
? other' ?.impervlous surrace
r
Dominant' vegetations,
?? ? predominantly orga,ic hurnus,?
muck, or peat y A.. - .? redorninantly mine-a` - non-sandy
? predominantly sane,; Flooding and wetness
? semiperrianently to permanently
flooded or "nundated
E aulic factors
? seasonally flo3ded or inundated
s topog aph} ? intermrttantly flooded or ?rriporary
Q dEtched or cnannea??d sure ace water
?
? toga wetland v?,idt#? >100 feet P'no evidenca oT loc?c? g or surface,"
v ?4L
Wetland type (select one)*
? Bottomland ha-dwood forest
? Headwater forest
? Swamp forest
? Wet flat
? Pocosin
? Bog forest
*The rating system cannot be applied to salt
Water storage 1
line stabilization
'ollutant removal *
Wildlife f.abitat
Aquatic life value
or brackish r
weight
4.00
Pine savanna
Freshwater marsh
Bog/fen
Ephemera! wetland
Carolina Bay
els /c? s?'
Zars %s or stream n
57
August 22, 1995
MEMO
TO: Greg Thorpe
FROM: John Dorne
RE: Modeling review of roposed lake in water supply
watershed
Equestrian Subdivision near Seven Lakes
Moore County
In accordance with the new DEM policy on proposed lakes in
water supply watersheds, enclosed for your perusal and
transmittal to a reviewer is an application for 401 Water Quality
Certification for a proposed lake. The lake will be the center
piece of a new, large lot subdivision in Moore County. The lake
is located on McLendon Creek (WS-IV), will be about 75 surface
acres in size with a watershed in the 600 to 700 acre realm. We
will be asking applicant questions about further avoidance by
downsizing the lake but it will still be well above 10 acres in
size. We also have questions about future lot fill and
mitigation. I have not yet corresponded with applicant and
consultant since I'd rather wrap all DEM questions into one
letter.
Please review the attached material. As per our meeting in
the lab in early summer (where has it gone?), I think you agreed
to find someone (perhaps in the modeling group) to review these
projects and work with the consultants to gather sufficient
information to ensure that water quality standards would be met.
Please be aware that the consultant (to my knowledge anyway),
knows very little to nothing about water quality especially
modeling. Please advise by Monday August 25 as to the status of
the review so I can prepare letter to applicant with all of our
concerns.
pondone.ltr
cc: Ken Eagleson
205-01T&I
Zn bb
AUG 25 1095
WAIFER QUALITY
PLANMNG' BRANCH
q 579 I
July 26, 1995
Earth Environmental
ATTN: Mrs. Laura M. Fogo
Drawer 9
Biscoe, North Carolina 27209
To Whom It May Concern:
RECEIVED
JUL 2 819951
ENVIRONMENTAL SCIENCES
This document is in reference to the proposed Equestrian Lake subdivision
project located on approximately 607 acres, one mile west of Seven Lakes, north of NC
HWY 211, above the headwaters of McLendon Creek, Mineral Springs Township, in
Moore County, North Carolina.
The applicant has proposed to develop a subdivision offering various size lots up
to 15 acres, construct a dam and associated stilling basin to impound an approximate 75
acre lake, and also construct 11 minor wetland road crossings for lot access. Total
proposed wetland impacts equal approximately 8.8 acres. Wetland impacts have been
significantly reduced and minimized from the original plans. Previous plan proposed to
impact approximately 16.3 acres of wetlands. Wetland impacts have been minimized 7.4
acres by proposing one lake instead of two, and reconfiguring the wetland road crossings.
The 404 wetlands were delineated in March and April of 1995, and confirmed by
the U.S. Army Corps of Engineers on June 14, 1995 (See wetland delineation). There are
approximately 41.4 acres of wetlands on the property.
Historically the previous use of the property was for hunting and timber
production. Aerial photography reveal minor wetland road crossings were constructed
prior to a logging operation. In 1994, a previous landowner clear-cut the property, and
replanted it in loblolly pine in 1995. Plot samples were taken throughout the site (see
Wetland Determination Forms).
The United States Fish and Wildlife Service (USFWS), Ecological Services office
in Raleigh, NC was contacted to obtain a list of endangered, threatened, and candidate
species known for Moore County. The April 19, 1995 revised list contain five federally
endangered species (ES). The following ES are listed: red-cockaded woodpecker, Cape
Fear shiner, American chaffseed, Michaux's sumac and rough-leaved loosestrife. These
species were emphasized during subsequent research and field surveys.
Reconnaissance surveys were conducted in project area for the presence of
suitable habitat for the ES listed. They were conducted by foot and by vehicle during
March, April and May of 1995. The entire project area has been logged as previously
mentioned. Loblolly pine saplings have been planted within the majority of the property.
It has been determined there is no suitable foraging habitat on the property for the
endangered red-cockaded woodpecker (RCW). No RCW's were encountered during the
field surveys in the project area. The North Carolina Natural Heritage Program (NHP)
records were searched for the presence of rare, significant, threatened or endangered
species, known as elemental occurrences (EO's). There is no suitable habitat on the
property for threatened or endangered species listed.
Potential impacts to the Cape Fear Shiner were assessed by contacting Mr. John
Alderman, Piedmont Project Leader, North Carolina Wildlife Resources Commission.
The Cape Fear Shiner is known to live in main channels and deep tributaries of the Cape
Fear River. The tributaries within the project area do not contain suitable habitat nor do
they provide critical habitat for know populations of the Cape Fear Shiner (Mr. John
Alderman, pers. comm.).
No species threatened, endangered or candidates for listing were encountered
during the surveys. The proposed project will not adversely effect any protected species
considered during this survey.
Please review the Nationwide Permit No. 26 application. The USFWS and the
State Historic Preservation Office has been notified. After the permit application has
been reviewed, the applicant will proceed to contact State and County officials
concerning other permit requirements. If anyone has any questions, please do not
hesitate to call me at telephone number 910-428-1329 or cellular phone 910-540-6321.
Best regards,.
ii .
Af-
Laura M. Fogo
f
DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW=CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
J.L. Anderson ET-AL
2. Owners Address: Post Office Box 940, 223 South Hancock Street, Rockingham, NC 28379
3. Owners Phone Number (Home): (910) 895-9837
(Work): (910) 997-3130
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
.Earth Environmental, ATPN: Mrs. Laura M. Fogo
Drawer 9, 320 West Main Street
Biscoe, NC 27209 Telephone (910)428-1329 Cellular (910)540-6321
5. Location of work (MUST ATTACH MAP). County. Moore
Nearest Town or City: Seven Lakes
Specific Location (Include road numbers, landmarks, etc.): approximately one mile west of Seven Lakes,
north of NC HWY 211 and south of S.R. 1241,.above the headwaters of McLendons Creek,
Mineral Springs Township, Moore County, NC.
McLendons Creek
6. Name of Closest Stream/River.
7. River Basin: Cape Fear River
8. Is this project located in a watersbed classified.as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO iJ
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO JA
If yes, explain. N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 41.44 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: \
Filled: 11 road crossings (1.1 ac) + dam & stilling basin (1.2)= 2.3 acres.
Drained:
Flooded: lake = 6.5 acres
Excavated:
Total Impacted: 8.8 acres
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): To construct a dam and
associated stilling basin (for erosion control) to impound an approximate 75 acre lake;
and construct 11 wetland road crossings (see attached typical cross-sections).
13. Purpose of proposed work: To develop a subdivision, Equestrian Lake, providing various size
lots up to 15 acres, and to provide arreGC by constructing roads, and providing a recreation
lake for future owners,.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The location of the project according to engineers is a suitable
location to construct a lake, and to gain access with associated road crossings. (see attache
c mm ts) .
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed 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 [x ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 kx] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? residential, farmland, silvaculture & undeveloped.
F. If applicable, what is proposed method of sewage disposal? Septic tanks are proposed.
r
wne-r's S' ature `? Date
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77
EQUESTRIAN LAKE
APPROXIMATE SITE LCOATION
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TYPICAL SECTION
BASE 6" ABC OR 9." STBC TYPE A OR C
PAVEMENT -- 1 l./2 " S.A. OR 1-2
N.T.S.
L
Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
290 S.W. Broad Street • Post Office Box 1737 • SaNiem Pines, NC 28386 • Telephone 910.692.5616 • Fax 910-692.7342
7990.50 North Point Boidevard, Suite 202 • Wmston-Salem, NC 27106 • Telephone 910.759.3009 - Fax 910.759.7590
PROJECT NO. S(-9502
SCALE SHEET ( OF I
COMPUTED DATE 06.1,1-q5
CHECKED ((? DATE
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DATA FORM
` ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
Project/SitO: -'&04. - Date: /I
Applicant/Owner: County:
Investigator: State: AL.
Do Normal Circumstances exist on the site? Yes N Community ID: 5?
Is the site significantly disturbed (Atypical Situation)? es Transact ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S- eciai Stratum Indicator
1.
cu
Jqg - Dominant Plant Saecias Stratum Indicator
9. -
_
-
2. 'U 10.
3, i 4te- UP& 11.
4.1itt2iAt(,D aJbQ 0 Q 12.
S. is I aI ; C&M 416rL1 Sian; kS h;rb ax, 13.
$, 14.
7. 1S.
a. 18.
Percent of Dominant Species that are OBL, FACW of FAC
(excluding FAG). .
Remarks: y.?i Y t (GG4'\ 5" !? r • "` l7 _.. ..-
V C?
081-- FAQ Qf'1 Y t4'_
HYDROLOGY
Rac6fd6d Data (b89ofibe Id Remarks): Widhhd HVdrologV Indicators:
_ Stream, Lake, or ride Gauge
Aerial Photographs SC S ?O Mgt) Primary Indicators:
_ Inundated
oche f _ Sbturfited in Upper 12 Inches
_
+lo Recorded Datb Available _ Water Marks -
Drift Lines
_
Sediment Deposits
Observations:
[ _
Drainage Patterns In Wetlands
Secondary Indicators (2 or more required):
of Surfao3 Water.
Depth Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
epth to Free Water in Pit: (in.) Local Soil Survey Dats
FAC-Neutral Test
epth to.Saturated Soil: On.) _ Other (Explain in Remarks)
Remarks:
?/? ? ?/j'l• lv?•r?c.C lc? f u?l. /? It
U1 ,
V V
S
SOILS
Map Unit Nam6 '
(Seri64 end Phuiih
.:..
Drainege Class: Inobt
?.
taxonomy (Subgrdirp):. J Field Obearvetions '
Confirm Mdppdd Type? Y63 No
Profiid Oedoriotion:
Depth Matrix Color Mottle Colors Mottle Texture, Ccncr6tion6,
nbhee Horizon (Munsell Moist).; (Munsell Moist) Abundance/Cornrast Structure; Etc. - --
ltydrio Sol Indicators:
lfistosol Concretions
_ Ratio Epipedon _
_ High Organic Content in Surface Layer in Sandy Soils
_ Suifidio Odor _ Orghnle Streaking in Sandy Soils
_ Aquio Moiatur6 Regime _ Usted on Local Hydric Soils List
Reddcing Conditions _ 1-16t6d on National Hydrio Soils List
_ Gldyed or Low-Chrome Colors _ Other (Explain in Remarks)
WETLAND DETERMINATION
Hydrophytic V6getatich Pre6ent7 Y6s (Circle) (Circle)
Wetland Hydrology Present? We
Hydrio Sips Pt63bnt1 Yes It Is this Sampling Point Within a Wetland? Yes Q
Rdm&ics:
Approved by '2192 HQUSACE
DATA FORM
` ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
VEGETATION n Us?li /j I M /MIA
ate:
V LO,
Dominant Plant Sdedbsa attmt itdicator
M& Afw D;;;; t Plant Species
9. Stratum rxf(c c _
2. 10.
3 411,11 Alt
4. f'12-)d1WtdA_drAd4L 4A4 12. --??..
W2
5. , u b _ld Ll? 13. ?. .:
a. [ lQ f 1P/t& 14.
7: _ &)t 15.
Percent of Dominant Species that arb OBL. FACVV 04FAC
(excluding FAC-)..: .. «. - _ ?-) : -._ _.
-_.?
aetrtarks.
?
cc)
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7
HYDROLOGY
_44 -XI 1 ".1
_ {Ibcoid#d b&M (064crbb ih Adirtirks): Wetland HydroloW* Indicators: x
- Strdam: Lake, or Tide Gauge Prknary Indicators: '?``° `
Aerial Photo aphs $aS Ab P _ Inundated
` Other "y ,' ?Saturated in Upper 12 Inches _ No Recorded Data.AvaWable -. _ Water Marks _ .? _. -_ t ...
Drift Lines sErYi _
Sedimbnt Deposits '
PWd Observationsi _ Drainage Pattems in Wetlands
secondary Indicators (2 or more required):
Depth of Surface Water. h?t LQ pn.) Oxidized Root Channels In Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water In Pit: j06f1*4__ On.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth In, Saturated Soil: VAA"n.) _ Other (Explain in Remarks) -
Remarks:\ jo [, vtA - toaQ cd- euG 4/ Q
OA?
k
SOILS
Map Unit Nams
(Series and Phase); %
Drainage Class:
Taxonomy (Subgroup): Meld Observatio
norm Mapped Type? as No
Profile Oesarlotion:
Depth . Matrix Color
finches).
Horizon (Wunseil Moist) Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Struoture. eto.
,
a', 71, -,B to $ _ n op j_ none_ rldlo
5
Hydric Soil Indicators:
_ Histosol -Canoretions
_ HWo Epipedon _ High Organic Content in Surface Layer in Sandy Soils
Sutfidic Odor _ Organic Streaking In Sandy Soils
_ Aquio Moisture Regime _ Listed on Local 'Hydric Soils List
_ Reducing Conditions _ Listed on National Hydrie Soils List
- Gleyed or Low-Chrome Colors _ Other (Explain in Remarks)
Remarks: t? J'am' w !o T ?C '
WETLAND DETERMINATION
Hydrophydc Vegetation Present? Yes No (Circle) (Circle)
Wetland Hydrology Preserrt? es No
Hydric Soils Present? No is this Sampling Point Within a Wetland? Yes No
Remarks: i f?d?U??.Q
f 1 YJ
a?
Dom/anent Plant Spades r Stratum Indicator
FA C Dominant Plant Swedes
9. Stratum Indicator
-- , ..
2.enr nu. e -lort da- 4ree-_ 1? 10.
3. tv h " tree F=dC L1_ 11.
4. +yno . 12.
5• ?tit°t5 4tr l_kr4g 6huLb- c 13. y.
e. Sap ? 14.
7• _
J
1S. i
a. 1 s.
Percent of Dominant Species that are OBL, FACW or FAC
... )
, _
(excluding FAC-). ,,: - -.• __
.
Remarks: }? y QOL j
?
I C L' X IS P l! _._J S l? i ..- e?'? ?I Jill
J ry`?
U??QTM ??-?-(? tom.
?:? . !: .
DATA FORM
ROUTINE WETLAND DETERMINATION '
(1987 COE Wetlands Delineation Manual)
Yltt! .
Project/Site: /rU&J` Date' -;1?5' `H
Appiicant/Owner. - J "Pel, It 1- -Pbm .4a County:
Invesftator State:
Do Normal Circumstances exist on the site? Y No Community ID: G
Is the site significantly disturbed (Atypical Situa_ tig1?1? Y No Transact ID:
is the area a potential Problem Area? es No Plot ID:
(if needed, ezptal on reverse.)
VEGETATION - -
HYDROLOGY
_ Recorded Data (bescn'be in Remarks): Wetland Hydrology Indicators: ..
Stream, Lake, or Tide Gauge
?Aerial Photographs SCS'CU (/tJi Primary Indicators:
Inundated al... ?$r'
?
_ Othet V _
` a '''- 'sr•
-Saturated In Upper 12 Inches
-No RZ;rded Date Available _ Water Marks -. •. ----.
_ Drift Lines r r,n
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water. n.) _ oxidized Root Channels in Upper 12 Inches
Weter-Stained Leaves
Depth to Free Water in Pit: ?On.) _ Loam SoR Survey Data
FAC-Neutral Test
Depth t& Saturated Soil: JDnX-- On.) _ Other (Explain in Remarks)
%11-
Remarks: ??(J?? L _ l / /(? (it ~ bv?
SOILS
Map Unit Name
(Series and Phase): '
Drainage Class: "o-ji fla44a_ (A)
Field
B
(Subgroup): Confirm Mapped
Type? Ye No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Tw=re, Concretions,
aches Horizon IMunsell Moist) (Munseil Moist) Abundance/Contrast Structure, eta,
"It
loy-r
w4d--
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Sans
_ Aquic Moisture Regime Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
Gleyed or Low-Chrome Colon _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophyde Vegetation Present? Yes (Circle)
Wetiend Hydrology Present? Yes
Hydric Soils Present? Yes (TO)
Remarks: J)A
/vo
(Circle)
Is this Sampling Point Within a Wetland? Yea No
DATA FORM • . :. ?. , .•?. °r,.??'
ROUTINE WETLAND DETE
Don-dnant Plant Species Stratum Indicator
i.
Dominant Plant Species Stratum Indicator
9• -
FACt
A lo.
3.
4. )kA 12.
5. .13.
8. A&A90-ox Lt 14.
7._r_
y_r;lla ?'71i+. mlJirz: _ , s. - .
l
a.?a wjvuk.- PimfC.t1wed ?)&A /1a
' J-e
18.
Percent of Dominant Species that are OaL. FACW or FAC -
.(excluding FAG). ___ _... _ ... .. _. _... _ : _.: } , .... ., _ ?QQ?[j __ -- • _.__.
Rerttarks...
Ilea
R
(1987 COE Wetlands Delineation Manual)
's
Project/Site• - Date• •
Applicant/Owner.. County:
Investigator. ' state:
Do Normal Circtanstances exist on the site? No Community ID: L?
Is the site significantly disturbed (Atypical Situation)? e Transact ID: _ f5
Is the area a potential Problem Area? Yes (No- o Plot ID:
(If needed, explain on reverse.) nzm a
VEGETATION - -
Pla t S odes Stratum ndicat Dominant Plant Soeciea Stratum color
HYDROLOGY
I
_ Recorded Data EDescrbe in Remarks): Wetland Hydrology Indicators:
?
- ?tream. Lake, or Tide Gauge Primary Indicators:
YAeriai Photographs scs ,?Y
• .,s;}
Inundated
_ Other Saturated in Upper 12 Inches
No Recorded Data Available _-.. ` Water Marks _.. " ......_ _.____
_ Drift Lines
_ Sediment Deposits
?
Field Observations: rainage Patterns in Wetlands
Seconds Indicators (2 or more required):
Depth of Surface Water. I pn.) ,Y Oxidized Root Channels in Upper 12 Inches
q Water-Stained Leaves
_
Depth to Pros Wader in Pit
C ?Locai Soil Survey Data
U _ FAC-Neutral Test
Depth t& Saturated Soil: Sa On.) _ Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phass)'
Drainage Class:
'
Taxonomy (Subgroup): Field Observetl
Confirm Mapped Type? Yes No
221
Profile Description:
Depth Matrix Color Mottle Colon Mottle Texture, Concretions,
n
c
h
e
s Horizon (Munsell Moist) (Munsell Moist) Abu
nddance//Contrast Structure, etc.
/
?
-
?
?
,lC/Oyr -?
OrLIC /
/ /bN ff .
If
-A
f3t-? ??
r 3 (j " U
5 ?0?a
1AUM
Hydric Soil Indicators:
Histosol _ Concretions
Redo Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime ?Usted on Local Hydrio Soils List
Reducing Conditions _ Zpsted on National Hydric Soils List
4,/ Gleyed or Low-Chrome Colors Other (Explain in Remarks)
Remarks: pxL
ry1 L?? (,q
? L o2?t 1 ()
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? es No is this Sampling Point Within a Wetland? Yea No
Remarks:
MEMORANDUM FOR THE RECORD
Date: July 24, 1995
Time: 1620
For the requirements of the Predischarge Notification Procedures for Nationwide Permit
No. 26, I notified Ms. Renee Gledhill-Early, State Historic Preservation Officer, by
telephone of the proposed subdivision project known as Equestrian Lake, and proposed
wetland impacts, located above the headwaters of McLendon Creek, north of NC HWY
211, Mineral Springs Township, Moore County, North Carolina.
Earth Environmental
Laura M. Fogo
MEMORANDUM FOR THE RECORD
Date: July 25, 1995
Time: 0815
For the requirements of the Predischarge Notification Procedures for Nationwide Permit
No. 26, I notified Ms. Candace Martino, United States Fish and Wildlife Service, by
telephone, of the proposed subdivision project known,as Equestrian Lake, and proposed
wetland impacts, located above the headwaters of McLendon Creek, north of NC HWY
211, Mineral Springs Township, Moore County, North Carolina.
Earth Environmental
Laura M. Fogo
NIW- ,FALLS LAKE TEL : 919-528-9839 Aug 26'95 15:05 No. 001 P.02
9 North C.am WflcWe Resources Commission
512 N. Salisbury Sweet, Raleigh, North Carolina Z7604-1188,919-733-3391
Charles R. Fanwood, &mutive Director
MEMORANDUM
TO: John Dorney
water Quality plannin , D E
Atom: Owen F. Anderson, Pi ont Region Coordinator
Habitat Conservation program
DATB: August 26,1995
SUBJECT: J. L. Anderson E1 Al Request for 401 Wes' Quality Certification to fill wetlands
for Equestrian Lake subdivision new Seven Fakes, Moore County, North
Carolina. DEM III # 95791.
Staff biologists with the North Carolina Wildlife Resources Commission have reviewed
the subject application for 401 Water Quality Certification with respect to anticipated project
impacts on aquatic habitats. Our comments are provided in accordance with certain provisions
of the Fish and wildlife coordination Act (Stet. 401, as amended; 16 U.S.C. 661 et seq.), and
Section 401(b) of the Clean Water Act of 1977 (as amendd), and North Carolina General
Statutes (G.S. 113-131 et seq.).
-11m proposed project involves construction of the Equestrian Lake subdivision on
approximately 607 acres. The development includes construction of a lake of approximately 75
acres and residential lots up to 15 acres in size. The applicant proposes to impact a total of 8.8
acres of wetlands as follows: fill 1.1 acres for 1 l road crossings; fill 1.2 acres for the dam and
stilling basin; and flood 6.5 acres for the lake. An estimated 41.44 acres of wetlands are located
on the project site.
The project site is located at the headwaters of McLendon Creels which supports a good
connected to
quality fishery. Nearly all of the wetlands on the project site are alongside and
McLendon Creek. The environmental consultant stated that the property in 1994
and planted, in loblolly pine. It is our understanding that much of the area was previously
bottomland hardwood. Additionally, the remaining wetland vegetation after logging indicates a
high quality bottomland hardwood site.
I? HCP,FALLS LAKE TEL:919-528-9839 Aug 26'95 15:06 No.001 P.03
401 pemit No. 95791 2 August 26,1995
This residential development has the potential to adversely impact downstream water
quality. Minimizing wetland impacts and mitigating loss of functions are essential to protecting
downstream water quality and habitats. We appreciate the efforts of the applicant to reduce
wetland impacts by eliminating one lake and reconfiguring road crossings. However, we are not
convinced that impacts to wetlands have been minimimed to the greatest extent possible. There is
no mitigation offered to compensate for the lost values and functions not is there a plan to protect
the remaining wetlands on site.
We recommend that the applicant make an additional effort to reduce wetland impacts by
avoidance and minimization Bwlding a smaller lake should be considered. Additionally,
unavoidable wetland losses should be mitigated on-site using a standard 3:1 ratio
(cmated:destroyed).
We request that the following modifications and/or conditions be incorporated into the
permit to protect water quality and aquatic habitats:
1. A total of 26.4 acres of vegetated wetland areas should be mated on-site to replace the
8.8 acres of wetlands that are proposed to be destroyed. The additional wetlands should
be created adjacent to existing wetlands or streams.
Z
Deed restrictions es. tthat all remaining wetlands rrict ons should be placed on dividuallllott oowwnes aanna peen sp additional development.
any future wetland destruction.
3. Retain or establish a minimum of a 35-foot (wider buffers of 50-100 feet should be used
where feasible) natural vegetated buffer adjacent to wetlands areas. Efforts should be
made to retain and establish trees within this buffer..
4. Whcre feasible, maintain or establish a minimum 100-foot forested buffer along each side
of perennial streams and a minimum 35 foot (a wider buffer may be needed in steep
terrain) forested buffer along each side of intermittent streams.
5 'temporarily disturbed wetland areas should be reseeded with annual, seasonal vegetation
(mullet in spnng and summer, wheat or rye in fall); and then be allowed to revert to
natural watland vegetation.
6. Implement and maintain a strict, state approved sedimentation control plan during
consftu Lion to prevent silt from entering atrcanis and other wetland areas.
Thank you for the opportunity to provide input into the review process. if I can be of
further assistance, contact me at (919) 528-9996
August 22, 1995
MEMO
TO: Greg Thorpe
FROM: John Dorne
RE: Modeling review of roposed lake in water supply
watershed
Equestrian Subdivision near Seven Lakes
Moore County
In accordance with the new DEM policy on proposed lakes in
water supply watersheds, enclosed for your perusal and
transmittal to a reviewer is an application for 401 Water Quality
Certification for a proposed lake. The lake will be the center
piece of a new, large lot subdivision in Moore County. The lake
is located on McLendon Creek (WS-IV), will be about 75 surface
acres in size with a watershed in the 600 to 700 acre realm. We
will be asking applicant questions about further avoidance by
downsizing the lake but it will still be well above 10 acres in
size. We also have questions about future lot fill and
mitigation. I have not yet corresponded'with applicant and
consultant since I'd rather wrap all DEM questions into one
letter.;
Please review the attached material. As per our meeting in
the lab in early summer (where has it gone?), I think you agreed
to find someone (perhaps in the modeling group) to review these
projects and work with the consultants to gather sufficient
information to ensure that water quality standards would be met.
Please be aware that the consultant (to my knowledge anyway),
knows very little to nothing about water quality especially
modeling. Please advise by Monday August 25 as to the status of
the review so I can prepare letter to applicant with all of our
concerns.
pondone.ltr
cc: Ken Eagleson
NCWRC,HCP,FALLS LAKE TEL:919-528-9839
FAX COVER
Fails Lake Office
Date 9-q
Mummer of paid including cover Sheet
To: -
Phone
Fax Phone
CC:
Aug 04'95 1628 No.005 P.01
NC Wildlife Resources Cammission
Habitat Consarvation Program
P.O_ Box 118
Nortilside, NC 27564
l±to[r1:.
Phone °1°-528-9886
Fax Phone °98-528-Q83$
For our review Q Rer'Iy ASAP C F•e=_se Cvmrreat
p Urgent C y
fir'
? g f}cI.QS o
Cc? tz < c. G°C e-
0/ 579 u?o
9 5n I
July 26, 1995
Earth Environmental
ATTN: Mrs. Laura M. Fogo
Drawer 9
Biscoe, North Carolina 27209
To Whom It May Concern:
RECEIVED
JUL Z 819951
ENVIRONMENTAL SCIENCES
RD AN InLl
This document is in reference to the proposed Equestrian Lake subdivision
project located on approximately 607 acres, one mile west of Seven Lakes, north of NC
HWY 211, above the headwaters of McLendon Creek, Mineral Springs Township, in
Moore County, North Carolina.
The applicant has proposed to develop a subdivision offering various size lots up
to 15 acres, construct a dam and associated stilling basin to impound an approximate 75
acre lake, and also construct 11 minor wetland road crossings for lot access. Total
proposed wetland impacts equal approximately 8.8 acres. Wetland impacts have been
significantly reduced and minimized from the original plans. Previous plans proposed to
impact approximately 16.3 acres of wetlands. Wetland impacts have been minimized 7.4
acres by proposing one lake instead of two, and reconfiguring the wetland road crossings.
The 404 wetlands were delineated in March and April of 1995, and confirmed by
the U.S. Army Corps of Engineers on June 14, 1995 (See wetland delineation). There are
approximately 41.4 acres of wetlands on the property.
Historically the previous use of the property was for hunting and timber
production. Aerial photography reveal minor wetland road crossings were constructed
prior to a logging operation. In 1994, a previous landowner clear-cut the property, and
replanted it in loblolly pine in 1995. Plot samples were taken throughout the site (see
Wetland Determination Forms).
The United States Fish and Wildlife Service (USFWS), Ecological Services office
in Raleigh, NC was contacted to obtain a list of endangered, threatened, and candidate
species known for Moore County. The April 19, 1995 revised list contain five federally
endangered species (ES). The following ES are listed: red-cockaded woodpecker, Cape
Fear shiner, American chaffseed, Michaux's sumac and rough-leaved loosestrife. These
species were emphasized during subsequent research and field surveys.
Reconnaissance surveys were conducted in project area for the presence of
suitable habitat for the ES listed. They were conducted by foot and by vehicle during
March, April and May of 1995. The entire project area has been logged as previously
mentioned. Loblolly pine saplings have been planted within the majority of the property.
It has been determined there is no suitable foraging habitat on the property for the
endangered red-cockaded woodpecker (RCW). No RCW's were encountered during the
field surveys in the project area. The North Carolina Natural Heritage Program (NHP)
records were searched for the presence of rare, significant, threatened or endangered
species, known as elemental occurrences (EO's). There is no suitable habitat on the
property for threatened or endangered species listed.
Potential impacts to the Cape Fear Shiner were assessed by contacting Mr. John
Alderman, Piedmont Project Leader, North Carolina Wildlife Resources Commission.
The Cape Fear Shiner is known to live in main channels and deep tributaries of the Cape
Fear River. The tributaries within the project area do not contain suitable habitat nor do
they provide critical habitat for know populations of the Cape Fear Shiner (Mr. John
Alderman, pers. comm.).
No species threatened, endangered or candidates for listing were encountered
during the surveys. The proposed project will not adversely effect any protected species
considered during this survey.
Please review the Nationwide Permit No. 26 application. The USFWS and the
State Historic Preservation Office has been notified. After the permit application has
been reviewed, the applicant will proceed to contact State and County officials
concerning other permit requirements. If anyone has any questions, please do not
hesitate to call me at telephone number 910-428-1329 or cellular phone 910-540-6321.
Best regards,
xwwla
Laura M. Fogo
.
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 11 . .
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890' AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
AM: CESAW CO-E Raleigh, NC 27626-0535
Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: J.L. Anderson ET-AL
2. Owners Address: Post Office Box 940, 223 South Hancock Street, Rockingham, NC 28379
3. Owners Phone Number (Home): (910) 895-9837 (Work): (910) 997-3130
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
.Earth Environmental, ATTN: Mrs. Laura M. Fogo
Drawer 9, 320 West main street
Biscoe, NC' 27209 Telephone (910)428-1329 Cellular (910)540-6321
5. Location of work (MUST ATTACH MAP). County: Moore
Nearest Town or City: Seven Lakes
Specific Location (Include road numbers, landmarks, etc.): approximately one mile west of Seven Lakes,
north of NC HWY 211 and south of S.R. 1241, above the headwaters of McLendons Creek,
Mineral Springs Township, Moore County, NC.
McLendons Creek
6. Name of Closest Stream/River:
7. River Basin: Cape Fear River
8. Is this project located in a watershed classified.as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO ? 4
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO JA
If yes, explain.
N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 41.44 acres
46
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled. 11 road crossings (1.1 ac) + dam & stilling basin (1.2)= 2.3 acres.
Drained:
Flooded: lake = 6.5 acres
Excavated:
Total Impacted: 8.8 acres
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): To construct a dam and
associated stilling basin (for erosion control)to impound an approximate 75 acre lake;
and construct 11 wetland road crossings (see attached typical cross-sections).
13. Purpose of proposed work: To develop a subdivision, Equestrian Lake, providing various size
lots up to 15 acres, and to Provide access by constructing roads, and Providinct a recreationa
lake for future owners,.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The location of the proj ect according .to engineers is a suitable
location to construct a lake, and to gain access with associated road crossings. (see attache
comme ts).
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or 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 [x ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 kx] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? residential, farmland, silvaculture & undeveloped.
F. If applicable, what is proposed method of sewage disposal? septic tanks are proposed.
d
wner's Si nature Date
EQUESTRIAN LAKE
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CROSS SECTION
N.T.S.
Hobbs, Upchurch & Associates, P.A.
Consulting Engineers
290 S.W. Broad Street • Post Office Box 1737 • Southern Pines, NC 28386 • Telephone 910.692-5616 • Fax 910.692-7342
7990.50 North Point Boulevard, Suite 202 • Winton-Salem, NC 27106 • Telephone 910.759.3009 • Fax 910.759-7590
PROJECT NO. SL95V2'
SCALE ? SHEET ( OF
COMPUTED DATE 0(".5A-p?
CHECKED DATE
i ?
VEGETATION
Dominant ant S Wea Stratum Indicator
1. Jqg? Domihent Plant Species Stratum Indicator
s.
_
rjA
All U
10.
3. ? AA .4 0,
f?
11.
4. A
"oi_euv al ba emu.
.
12
nn
5 -1'l? ?? LlAtbS?i!'hsi ?eS herb ICAO 13. J
b. 14.
7. is.
a. 1 s.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAG).
Remarks: Aai- i5d ?0 T'r "`- ?'._ v • „_[ ?? -?/?'?_
tS,gL- Fps. On ((,?,z
HYDROLOGY
Y'.
R6c6tddd Data tbwobe in Remarks): 1Netiend Hydrology Indicators:
_
ern. Lake, or Tide Gauge
Stre mQ?,
Aerial Photographs SC S ' " oT
Primary Indicators:
_ Inundated
Dthef _ Saturated in Upper 12 Inches
_
No Recorded Data Availabie -Water Marks -
- Drift Lines
_
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: _, Q j(f lan.) _ Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to -Free Water in Pit: pn.) _ Local Soil Survey Data
_ FAC•Neutral Test
Depth to. Saturated Soil: pn.)
, . _ Other (Explain in Remarks)
^ doe ?
Remarks.
4 ?'?l/ ' J?i
C
?I 1 4
U ?v f t.I?. ?d?' 11
Vg'.A
12P A
V v
DATA FORM
ROUTINEWETLAND DETERMINATION
0 987 COR Wetlands Delineation Manual)
901L9 _ .
Map Ut+it NarnB
tsetiAi til,d phaeel? -
Drainage Class.,
" .
taxoiloth"W ttijovt bo Meld Obeervatione
T? Confirm MOW Type? 66 Nis
Profile bodoriotion:
Depth .: Matrix Color Mottle Colons Mottle, Texture+ Concrbdotrs;
nohalkNorizorl tMunseil moist) IMuneeO Moist) Abundance/Contrast Structure. etc. -
-1 n?nQ
Worio Soil Indicators:
_ Histosol Concredone
_ Nlsdb Eplpsdon High Organlo Content in Surface Layer in Sandy Soils
_ Sultldio Odor _ Orghnio Streaking in Sandy Solis
_ Aqulb Moisture Regime _ Listed on Local Hydric Soils List
Reducing Conditions _ Ueted on National Hydric Soils List
_ Gleyed or Low-Chrome Colors _ Other (Explain in Remarks)
hsmark§s
t.. -
Oak
Wit LANo OMRMINATION
Nydtophydo Vegetadoh Present? Yee )Circle) (circle)
Wetlohd Hydrology Preterit? Yee
Node Sane Present? Yee o Id this Sampling Point Within s Wetland? Yes
Remarks:
,,
DATA FORM tom'
ROUTINE WETLAND DETERMINATION
1987 COE Watlands Delineation Manual)
Rr
Ijac#Mite: u.. u. , :,? t
_-1. Datei ..
Shki 1-9
County: »,n? 1
Applicantl0wrter:.. - ,
Invpatigatt? State: }$
Do Normal Circumitelncot exist on the site? A q Coln lUnIty ID:
Is the alto sloniftdrtdy'disturbed (Atypical Situation)? ` e Ti hseot iD:
Is the ates a potential problem Area? Yes No Plot ID:
tit needed, fix!il3irf on'teverse,)VEGETATION
.- =
Dominant Plant iq."e! Ustum ndi ate A ecide Stratum rxlio 0
3• & 11.
4. 1. _
=- TV
S. , shrub ?_ 13
. D._ fift6- 14.
?: ?1 aA?t 1s. ,
r% J
Percent of Dominant Species that Bra 08L. FACW or PAC 4' ;
(excluding FAC-)..
?•z r + '
cc)
J t4
+
HYDROLOGY
itdabid6d 139A (D oribA ih namA': WetlAnd Hydrology Indicators:
Str6srn, LAW, or Tide Gauge primary Indicators: " `krasr
Aerial photoQraphe $$S ??VI?14 t?, ?? ?, aut)te t . f
V Inundated
Other ?Sstutatad in Upper 12 inches
_ No Rdoardbd Date.Availsbib Water Marks _... ___...._ __.._.- 5
Drift Lines hbc1, k
Sediment Deposits
Reed Observstlonw .r Drelnagb Patteme in Wetlands ?' }=
Secondary Indicators (2 or more required):
Depth of Surface Water. pn.) _ Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to3 Frio Water in Pit: iQ &1k, n.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth u6 Saturated Soil: VAgd Iin.) _ Other (Explain in Remarks)
Remsrks:??Q. Ll?l.?. ?D ?' 41?i;.(.I,??i Q ? ??Z ? •
SOILS
Mali Unit Name
(Sofia* And Phase): e6 P .wao. la ,?
- )CL Drainage Class:
taxonomy (Subgroup):
, d Obiervbdo
Field
nfirm Mapped Typbi as No
Profile Description:
Depth Matrix Color
nchas Horizon (Munsell Moist) Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure. sto:
It /0 v
r`?
2
-
J'--Z" B /Ovi- 5 i'1 or-C.
/10-Le-
7
Hydric Soil Indicators:
_ Histosol _vConoretions
_ Histio Epipedon
- _ Sulfidic Odor _ High Organic Content in Surface Layer In Sandy Soils
_ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime
_ Reducing Conditions _ Listed on Local Hydric Soils List
_ Listed on National Hydrio Soils Ust
Grayed or Low-Chrome Colors .... Other (Explain in Remarks)
Remarks: Q y
wewol'-L 1
Y
s
C
bW
;
l
?
aty _
OA
of I 1
4
,-
w
J4 7a
M ,
WETLAND DETERMINATION
Hydrophytio Vagoition Present? Y s No (Circle)
Wetland Hydrology Present? es No
Hydrio Soils Present? a No
Remark:: t?G?l?u./%',,, /J/? u?r..O nQ
dl-e
(Circle)
Is this Sampling Point Within a Wetland? Yes No
Mav
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
lP5
Project/Site: mjf1_ 'J-Akt. A/. Mal Date: lpx MM"
Applicant/Owner: • County:'
.
Investigator: _ State: IV r,
Do Normal Circumstances exist on the site? No Community ID:
Is the site slonificanthi disturbed (Atypical SItmati )? Ye No Transact ID:
Is the area a potential problem Area?as No Plot ID:
(if needed, explain on reverse.)
VEGETATION -.. _.... . '.
Dominant P lant So
ecle6 Stratum Indicator- Dominant Plant Species Stratum Indicator
1. r?? p,
(' JgitPAbN1 ?i,C&d ?rtE
AC_ 9•
2.0r)r nu .
e Flo rt da- 4ree_
lo.
._
4. du u -Pro O
0 OJ& +t1
us 4 J
r?U- 12.
S. _ .
.
.
,
'?fieN:S ?lr'1ckrit -Aur F5 13.
1
.,
6. t
ST 14.
4
"
7. 1lS. .
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). ,..... ) , _ .
Remarks: a J`i)' VIQC Iir1 ._,..,
,.::. .
HYDROLOGY
_ Recorded Data (bescribe in Remarks): Wetland Hydrology Indicators: ,
Stream, Lake, or Tide Gauge {/V?t?-
?Aerisi Photographs 5CS 46UNt Primary Indicators:
Inundated
V
Other _
Saturated in Upper 12 Inches
_ No Recorded Data Available _ Water Marks •..----.
_ Drift Linea ,r>a.
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators 42 or more required):
Depth of Surface Water_pn.l _ Oxidi2ed Root Channels in Upper 12Inches
Water-Stained Leaves
Depth to Free Water in Pit: ?pn.) _
_ Local Soil Survey Data
FAC-Neutral Tait
Depth taSaturated Soil: 42IQ-an.) _ Other (Explain in Remarks)
Remarks:
Lkae/ut
.fill
f..
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SOILS
Map Unit Neme
a
qq A -_ ,
(Series and Phase):
,4- _ 1l StXX l
Drainage Class: IU 04AA4- ?J a
Meld Observations V
Taxonomy (Subgroup): Confirm Mapped Type? Ye" No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
nches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc.
aLzo _&?r 'Ile mu, -n
Hydric Soil Indicators:
_ 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
_ Reducing Conditions _ Listed on National Hydric Soils List
_ Gleyed or Low-Chrome Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophydc Vegetation Present? Yes (Circle) (Circle)
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes No Is this Sampling Point Within a Wedand? Yes No
Remarks: PAO 00-41 -r
44 ?lu.? atca ? /\J;o,
3y
Dominant la scles Stratum Indicator Dominant Plant Species Stratum Indicator
3. ??.. 11.
4._ 12. ?....
5. r w 13.
e. /IL 1k1X M A - 14.
7.-?Trf/?A Yrtli.Pa»f/c)rGtLLL. 15.
fAe
$. nlayccu"rirQ /i trti
1 a.
Percent of Dominant Species that ere 'bel, FACW or FAC
(excluding FAC-). .... ... _ ... .... _ .....: _.:) . , . ... .
77
Remarks: &j76 ?C
DATA FORM
ROUTINE WETLAND DETERMINATION
__:..:.. (1987 COE Wetlands Delineation Manual) hroject/sitec J Date:
IX 0
Applicant/Owner: . 1,11 TA'6?? County: !
investigator. State:
Do Normal Circumstances exist on the site? No Community ID:
Is the site significantly disturbed (Atypical Situation)? e o Transect ID: -! 4-5
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.) a
VEGETATION
HYDROLOGY
_ Recorded Date (Describe in Remarks): Wetland Hydrology Indicators:
trsam, Lake, or Tide Gauge
Primary Indicators:
•-.?
Aerial Photographs .. CS C
kW 'ISO
Inundated
_ Other ;
77Saturated in Upper 12 Inches
_ No Recorded Data Available Water Marks
_ Drift Lines
Field Observations: Sediment Deposits
?rainage Patterns in Wetlands
Seconds Indicators (2 or more required):
Depth of Surface Water. /I COX-, pn.) ,7Oxldized Root Channels in Upper 12 Inches
q Water-Stained Leaves
Depth to Free Water in Pit: :Z/ Local Soil Survey Data
U _ FAC-Neutral Test
Depth t& Saturated Soil: $Llf pn.l _ Other (Explain in Remarks)
Remarks:
t=
All
-
I
i
T. Is
SOILS
Map Unit Noma ?.
(Series and Phess)•
Drainage Class:
Taxonomy (Subgroup)., Reid Observed
Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colon Mottle Texture, Concretions,
n
h
c
es Horizon IMunsell Moist) (Munsell Moist) Abundanoe/Contrast Structure. ate.
O
)
-
/ 21?
y u- 8
za r l v
5
IL) X076 6a4t&4'&M -1
Hydric Sail Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Suifidic Odor Organic Streaking in Sandy Soils
_ Aquic Moisture Regime VUsted on Local Hydric Soils List
Reducing Conditions sted on National Hydric Soils List
Gleyed or Low-Chrome Colors Other (Explain in Remarks)
Remarks:
P 57v
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
No (Circle)
No
es No
(Circle)
Is this Sampling Point Within a Wetland? 6;). No
Remarks-
u V
1219 ial--
MEMORANDUM FOR THE RECORD
Date: July 24, 1995
Time: 1620
For the requirements of the Predischarge Notification Procedures for Nationwide Permit
No. 26, I notified Ms. Renee Gledhill-Early, State Historic Preservation Officer, by
telephone of the proposed subdivision project known as Equestrian Lake, and proposed
wetland impacts, located above the headwaters of McLendon Creek, north of NC HWY
211, Mineral Springs Township, Moore County, North Carolina.
Earth Environmental
Laura M. Fogo
MEMORANDUM FOR THE RECORD
Date: July 25, 1995
Time: 0815
For the requirements of the Predischarge Notification Procedures for Nationwide Permit
No. 26, I notified Ms. Candace Martino, United States Fish and Wildlife Service, by
telephone, of the proposed subdivision project known as Equestrian Lake, and proposed
wetland impacts, located above the headwaters of McLendons Creek, north of NC HWY
211, Mineral Springs Township, Moore County, North Carolina.
Earth Environmental
Laura M. Fogo
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 25, 1995
Regulatory Branch
Action ID No. 199504573 and Nationwide Permit No. 26 (Headwaters
and Isolated Waters)
< ? -j
Mr. J. L. Anderson, et-a1
Post Office Box 940
Rockingham, North Carolina 28379
Dear Mr. Anderson:
Reference your application received July 28, 1995, and the
ensuing correspondence concerning your request for Department o,jf.
the Army (DA) authorization to discharge fill material into;8.8'
acres of waters and wetlands above the headwaters of McLendon s
Creek to construct a dam, a lake, and eleven road crossings as
part of your proposed subdivision, Equestrian Lakes, on your
property located on the north side of Highway 211, near Seven
Lakes, Moore County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330.6,
published in the Federal Register on November 22, 1991, lists
nationwide permits. Authorization was provided, pursuant to
Section 404 of the Clean Water Act and Nationwide Permit No. 26,
for discharges of dredged or fill material into headwaters and
isolated waters.
Your work is authorized by this nationwide permit provided it
is accomplished in strict accordance with the enclosed
conditions, the following special conditions, and your submitted
plans. You must also 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 nationwide permit does not relieve you of the responsibility
to obtain other required State or local approval.
Printed on ® Reayded Paper
-2-
Special Conditions
No work in waters or wetlands will begin until the
following items have been submitted by the applicant and approved
by this office:
a. A complete mitigation plan. This plan should include
detailed information on the design of the wetland creation and
enhancement areas and the monitoring plan to insure the
successful establishment of wetland vegetation and hydrology in
these areas.
b. A remediation plan indicating possible alternatives in case
the proposed mitigation efforts fail.
c. The language of documents
perpetuity of the proposed 10.2
enhancement and 2 of creation).
concerning the protection in
acres of wetland mitigation (8.2
Please note that without the proceeding special conditions,
the impacts of this project would be greater than minimal to the
wetland system in this subdivision. This project has been
authorized pursuant to Nationwide Permit No. 26, based on
acceptance of a mitigation plan to reduce the impacts of the
project. Any future work in wetlands will be considered on a
case by case basis for authorization pursuant to other nationwide
permits or DA individual permit authorization. We consider it
your responsibility as the subdivision owner to convey this
information to any person who purchases a lot containing
jurisdictional waters or wetlands.
This verification will be valid until the nationwide permit
is modified, reissued, or revoked. All the nationwide permits
are scheduled to be modified, reissued, or revoked prior to
January 21, 1997. It is.incumbent upon you to remain.informed of
changes to the nationwide permits. We will issue a public notice
announcing the changes when they occur. Furthermore, if you
commence or are under contract to commence this activity before
the date the nationwide permit is modified or revoked, you will
have twelve months from the date of the modification or
revocation to complete the activity under the present terms and
conditions of this nationwide permit.
#-
-3-
Questions or comments may be addressed
Wilmington Field Office, Regulatory Branch,
4441.
Sincerely,
to Mr. Michael Hosey,
telephone (910) 251-
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Earth Environmental
ATTN: Laura Fogo
Drawer 9
Biscoe, North Carolina 27209
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
JamesB. Hunt, Jr., Govemor
Jonathan & Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Ms. Laura Fogo
Earth Environmental
Drawer 9
Biscoe, NC 27209
1 A T4
?EHNFi
November 3, 1995
C6-IAA
Dear Ms. Fogo:
y . f ur time in discussing with me the mitigation plan for the
Eques 'an L sect. I have received a copy of the October 25, 1995 letter from the
Corps of En ' rs (COE) that specifies the Special Conditions for the Nationwide Permit
ese conditions include: 1) the development of a complete mitigation plan that
insures the successful establishment of wetland vegetation and hydrology; 2) a remediation
plan that specifies corrective actions if the efforts to establish wetland hydrology and
vegetation fail; and 3) specifying the language concerning protecting the wetlands in
perpetuity.
During my conversation with you on October 29, 1995 I indicated that the NC
Department of Environmental Management (DEM) would not require any addition
conditions beyond what was required by the COE. Therefore, no additional requirements
will be imposed by the DEM pending the submittal and approval of the final mitigation
plan.
We have discussed this project in length and the opportunities you have in
establishing and documenting success. The following comments are being suggested, and
you may wish to incorporate some of these in the final mitigation plan.
Establishment of Littoral Vegetation
. The draft mitigation plan discusses the potential development of 5.8 acres of littoral
wetlands along the periphery of the constructed lake. The plan states that natural
colonization is known to occur in this situation without additional planting. Although this
is correct, vegetation establishment is known to be enhanced greatly with planting wetland
plant species.
Enclosed is a table from research I conducted along the shores of a newly
established reservoir in South Carolina. Data on species presence/absence and cover were
collected in 1 m2 sample plots during three growing seasons in areas that contained
transplanted vegetation and areas that did not. This table shows that in the emergent zone
(water line to 1 ft. water depth) the frequency of empty plots was much less in planted
areas: I would encourage enhancing the development of littoral vegetation by planting
wetland plant species. This could be done in sections of the shoreline instead of planting
the entire shoreline.
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-9960 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Creation and Enhancement Mitigation
The stated goal here is to create wetlands like the adjacent hardwood and softwood
wetlands or reference wetland. Species found in the reference wetland include red maple
(Ater rubrum), sweetgum (Liquidambar styraciflua), pond pine (Pines serotina), loblolly
pine (P. taeda), water oak (Quercus nigra), willow oak (Q. stellata), tulip popular
(Liriodendron tulipifera), and black gum (Nyssa sylvatica). I recommend that no red maple
and sweet gum be planted since these are early successional species and will become
.established naturally. In addition, no loblolly pine should be planted.
Monitoring
I recommend that you contact the COE and obtain their guidelines for bottomland
hardwood forest restoration and monitoring. In addition, during monitoring I would
recommend that you assess vegetation that is becoming established naturally. This should
be done in smaller plots than the 0.05 acre plots used to monitor transplants. I suggest this
because it is possible the 320 trees/acre success criterion is not meet for transplanted
vegetation. However, what is occurring naturally may indicate that weetland vegetation is
becoming established.
Thank you for the opportunity to comment on the mitigation plan. I look forward
to working with you on this project. I realize that my suggestions may lack details on how
they may be accomplished, but we can discuss the details at a later dais. Please contact me
if you have any questions. My telephone number is (919) 733-1786.
Cordially,
??Sc-t.v
Steven
ef
cc: John Dorney, DEM
Ken Averitte, DEM-Fayetteville Regional Office
Michael Hosey, COE-Wilmington Field Office
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