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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 t t a j vi. {JN l.J'?! I f ti 4J • ?. i?l V S V! {' If...'. ? 1 \.'?- l !?J?i - S.Jr S_ Ott -`rl ?_ } __ r _ ,_;`,----i,- - _ ??9i /cam G/lcfl-Tf}?? -T., ! 7V7 l-N, 4 -__- --`-_ - --- - - -- - --- IV1 i ' l_' I ' T1-1"' t { \,`.,1 ?. l Y t I - 4l i +, _`. `-i 11 f 4.,; 4.st s v soF?F S Yet- ? ? 2 t LANDRAT Project na Countv! e _-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 \ r j 77 EQUESTRIAN LAKE APPROXIMATE SITE LCOATION ZION GROVE QUADRANGLE s.w.wtH. - - 1 MIN' MIMI ---1 ttst"ts/lttssstsNo tsstlpsgfs}tssststtstptpp t i t ?r a 1fit ?itA« ? III E • -- •A'bLINS -- wtw.rtrrur«w...••..t t Q a *JI a a -- a a a Z w t ? ka ' ? A t n /a-??? l?ittl?ltE?ECittl- -- ? \, ? ttM a Q Q ?? ?1 a a a Se !6?[tECttt ? t a a ? a a? a a a a a a a a ? a ? a a a a p c ent. 1 ` _ i '• I m i ma 1 1 0 N 1 s ; ?r ;•? - i 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 f i t 1. ,ll i i. I i I? i i i j ,i i. 1 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) k ' 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 APPROXIMATE SITE LCOATION ZION GROVE QUADRANGLE jr, t r Y± )? A 550 (I I r t\ an p(t? ( k'?//i ` '? ?ilJ ft ...-? a.twu»nur»unaun?mrnn..na?+nnrra++s+ui.......,..? /?? :M!? nurum.nratwm s a a ad town== a a a ..! a a a a ---- 331f? a ? a w.rrr.r.eaa.sr........ a e a % a a? oil I a a p a -- p a p ». a a q ? - a `?,? a rn..rrwr..«....J -. a e ta a e n a a r... ? a rr.?.... ? a ? r k C -- ?' 'tom ? ? 4 $ j C+ I li la l n ': ++ + a j A ii a A a ? e a a l a + .'! A a a a ,w a a , ai a a f ' l ll r a a i ? ll 1 + a 11 t ll i ll ? ? ' A t tttlttt 1 11111 U l 1 a ?.lillltl?l t tl t lltllll 1 .till 1R?1 111 + + a r a j l 1 1 1 111 111 l A i ? + l l 111 lllll ll ? ? 1 1 lgtltlllll A a 1 111 till ? 111 ll y A t ll A r s , {a i y A n a+ a ? A w a a? r ? a A ?b, J a if's I ? r S p z r g? o A Z 1$4.00 60.00 180.00 <:: r?.? I I I I i. I I I= I I I I I f--?-I i 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.. } 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 0, .. . vii? - CT 00 ? t!) -I M o ?I N ?N tr) C\ V O `""? (? M [? ? pp ' p gy M GJ 00 p p O? to 00 M O\ -+ O N M 0 0 M 00 cr, 000 M ?t \D 00 p r-i ON , ? 00 ri ?j a. X O X C., C:? U M a? O tI? ?R N0 O00 C 00 O r-a N p ?O O W I O 00 f ? Q\ M 00 U r E ? "D N ?O ? C\ o ?t N 00 00 Ol\ ? G r--? c u pppQ I --1 M 00 C? ? C Q, 00 ?--1 U ? 00 I O .--? r-? M M U L G v C) CD \0 1 0 00 z l 1 p O1% [- M N `? a? U Q CA a? Cn 10 r. 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