19991307 Ver 1_COMPLETE FILE_19991220 (2)

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 3, 2000
Mecklenburg County
DWQ Project # 991307
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
HPW Park Associated, LLP
C/o Grubb and Ellis
4521 Sharon Road
Suite 100
Charlotte, NC 282111
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.84 acres of wetlands
and 300 linear feet of streams for the purpose of constructing a multi-family residential site at Tyvola Park as described in your application
dated December 1, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification
Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the accompany ing 404
or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If you change
your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below.
I. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and streams to notify the state
in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
2. The compensatory mitigation plan shall be implemented as described in the submittal from Len Rindner (consultant) received on DWQ
on 1 December 1999.
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 Water Quality under Section 401 of the Clean Water Act. If you have any questions,
please telephone John Domey at 919-733-9646.
ce e
. Stevens
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Len Rindner
991307.1tr
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
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North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
TO: Steve Chapin, Permit Coordinator C J,
Asheville Office, U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator Urigini,
Habitat Conservation Program by J. R. Linville.!
DATE: December 16, 1999
SUBJECT: Review of an application by HPW Park Associates, 1.,1' and Pulte Home
Corporation, Tyvola Park, Mecklenburg County.

The applicant is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of
Engineers. The NCNA/RC has reviewed information provided by the applicant, and field
biologists on our staff are familiar with habitat values of the project area. "These comments are
provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.)
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project will impact 300 linear feet of stream and 0.82 acres of wetlands. Based on
the information provided by the applicant, we do not object to the project as proposed providing
the following conditions are met:
The forebay and pond will be designed and built according to routine 401 Certification
requirements and the associated areas and wetland mitigation sites will be naturalized. We
recommend that the wet detention facility include vegetated littoral shelves for aquatic edge
habitat as routinely required in 401 Certifications. Buttonbush, black willow, tag alder, wax
myrtle and river birch would be appropriate in this vicinity. Tag alder may not be appropriate in
nutrient sensitive watersheds. To restore biodiversity (especially avian and terrestrial habitats)
and to enhance aquatic/detritus habitats in the detention facility, we recommend that the
applicant provide for the restoration of tree and shrub species similar to those previously found
on or near the site. Native species such as wild cherry, hickory and oak may be preferred due to
structural concerns and wildlife benefits. These trees and shrubs should be planted around and
on the upper third of the detention structure, excluding the dam. When mature, the reforested
and edge areas should restore some habitat functions lost through development. It should
partially restore aquatic habitats, reduce exposure of the water surface to sunlight thereby
reducing thermal pollution, provide essential summer and winter forage and habitats, and provide

2
an aesthetically pleasing green space that should improve property values. Walking trails (6'
maximum width) associated with this environmentally enhanced detention facility may also
provide recreational and educational benefits.
Instead of using the typical fescue grasses, the remaining portions of the structure should
be planted with warm season grasses or the following mix:
Spring/Summer Mixture, May 1 - Sept. 15
Browntop millet 20 lbs/a
Korean lespedeza* 20 lbs/a
Shrub lespedeza 1 lb/a
Switchgrass 10lb/a
* On slopes less than 3:1 use Korean lespedeza
On slopes greater than 3:1 use Sericea lespedeza
Fall/Winter Mixture, Sept. 15 - April 30
Rye grain 120 lbs/a
Korean lespedeza* 201bs/a
Shrub lespedeza 1 lb/a
Partridge pea 10 lb/a
Add one of the following to the above mixture
Crown Vetch 5 lbs/acre
Ladino Clover 5 lbs/acre Lime & fertilize disturbed areas according
Alfalfa 5 lbs/acre to NCRS soil test and recommendations.
(Note: Mowing should be limited to February 1 - April I and should only occur as needed to prevent tree
growth on the dam or other areas. Mowing on a 2-3 year schedule should suffice.)
Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal
rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of
150 per acre around the normal water elevation and littoral shelf area. The following list of tree
species may assist in providing habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory Sumac White Oak Willow Oak Red Maple**
Swamp Chestnut Oak Viburnum Green Ash Ironwood Black Cherry
Water Oak Silky Dogwood
Other species may be utilized depending on site requirements and availability. Pines* should not exceed
15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80%
success rate is acceptable. Large or fast growing trees like Sycamore and Maple** may not be appropriate
around detention facilities.
The above recommendation should be considered for the multiple benefits that it can
provide to the community and to the environment. Contributing a broader diversity of habitats
around detention facilities will elevate aquatic and terrestrial biodiversity as well as provide
multiple biological functions and benefits in urbanized settings. These areas may be limited in
size yet still function as small ecosystems that can support amphibians, lizards, mammals, and
birds. Initial costs for environmental enhancement of detention structures should not be
prohibitive and the long-term maintenance costs should be reduced as constant mowing would
not be necessary in the naturalized areas. Thank you for the opportunity to review and comment
on this project. If you have any questions regarding these comments, please contact me at
336/769-9453.
Cc: Leonard Rindner, John Dorney
99130'
Qpy , ,??? Tyvola Park
ariotte, Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE" T
SECTION 401 CERTIFICATION CONCURRENCE,,; .' ?.
Prepared For:
NPW Park Associates, LP
c/o Grubb & Ellis Bissell Patrick
4521 Sharon Road, Suite 100
Charlotte, NC 28211
1-704-362-3825
Pulte Home Corporation
7422 Carmel Executive Park, Suite 300
Charlotte, NC 28226
1-704-543-4922
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 281.05
[phone]
TASK Design Group, PA.
Landscape Architecture - Land Planning
2108 South Boulevard, Suite 1.00
Charlotte, N. C. 28203
[phone]
*Subject to verification by the USACE & NCDWQ
Date : 11/99

DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL bSkNAGEI-fENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
tI
1. OWNERS NAME :
ei?Ae4 P, Me,
2. MAILING ADDRESS: SUBDIVISION NAME:

CITY: (_-Y?LG'?G??I't'i STATE: /u L ZIP CODE: Z'-
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MkILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME) (WORK) : -!3i?-Z7
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:

5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PH TOGRA HY WITH SCALE) : ?f
COUNTY: z.I 'k`a NEAREST TOWN OR CITY: 1

11
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.)
7 k"

,h l<r"Yl
'hx , d
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN: r-el 66'u /2%`
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(S?.) , HIGH QUALITY WATERS (HQW) , OUTSTPI`=NG RESOURCE WATERS (ORW) , WATER
SUPPLY (WS-I OR WS-II) ? YES [ ] NO ? IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL,
M.NAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
3a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFOR:u?TION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
9b. ARE ADDITIO AL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
l9 Vet6l q('0 1192- W a i / [..c ' i ko e'i
i
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: + 2c) AC Yet' ?-?
5b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCAT D ON PROJECT SITE:

2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION
V -Z arc- s"7
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: .iL
IOb. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)
LENGTH BEFORE: -731t-x) 1-,6 FT AFTER- T
r
WIDTH BEFORE (based on normal high water contours): 3 y`'r FT
WIDTH AFTER: C FT
AVERAGE DEPTH BEFORE: FT AFTER: Ci FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN -CHANNEL: d.?
CHANNEL EXCAVATION: CONSTRUCTION OF A DA."!/FLOODING:
OTHER: /
<(4:-e
11. IF CONSTRUCTION OF A POND IS PROPOSED, AT IS THE.SIZE OF THFr
WATERSHED DRAINING TO THE POND? 11.2 6r% 1 4r-c'( )'Yi c r-\
S'r? G? rc_c.14 tt ft r?
WHAT IS THE EXPECTED POND SURFACE AREA? +j'4
13. PUR/POSE OF PROPOSED WORK:
r`
3
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) :

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
1
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL, MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO 4[-(IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [I NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES (I NO (I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS SAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRE.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?

.a . IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL'
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
IIZ Z T/Q9
OWNER' S/ GENT' S SIGNATURE , DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
LEONARD M NFR,PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning [phone]
November 15, 1999
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue -Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Tyyola Park - ± 20 Acre Site, Charlotte. Mecklenburg County. North Carolina - Nationwide
Dear Sirs:
On behalf of my clients, Mr. Bailey Patrick of UPW Park Associates, LP and Mr. Tom Bruce of Pulte
Homes Corporation, I am providing you with the following information concerning Tyvola Park for your
consideration. The project site is located in Charlotte, Mecklenburg County, NC. The site is currently
zoned for a multi-family development-use development. In order to balance the site's economic viability
with its environmental value and permitability, the developer has proposed significant mitigation to offset
unavoidable impacts to wetlands.
R4CXGROUND
The proposed multi-family development is on approximately 20 acres near the SouthPark area, in Charlotte.
The site is bounded by Tyvola Road and Park Road, and Briar Creek/Sugar Creek. Current land use in the
vicinity are single family subdivisions, multi-family areas, and commercial projects, and utility installations.
There are approximately 1.20 acres of Jurisdictional Waters of the U.S. on the project site.
The following sections present the results of the environmental planning and regulatory reviews of the
project site and a description of the impacts and proposed minimization and mitigation measures.
SUMMARY OF WATERS OF THE U.S.
Methodology
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 3, November 15, 1999
SUMMARY OF WATERS OF THE ILS.
to make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were identified as described in the manual.
n ral Wetland Classification and Description
The wetlands on this site can be describe as Palustrine Forested Broad - Leaved and Scrub/Shrub
Temporarily Flooded and Seasonally Flooded and Palustrine Emergent Seasonally Flooded. The site is
within a drainage area of unnamed headwater tributaries of Briar Creek ("Water Classification - C) in the
Catawba Basin.
vegcfalian
The forested headwater wetland areas are dominated by Facultative Wet and Facultative species. Trees
include green ash, alder, red maple, sweetgum, sycamore, willow oak, hornbeam. Understory and
herbaceous strata includes silky dogwood, alder, spicebush, smilax, microstegium, sedges, soft rush, poison
ivy. Where the soils are more saturated Obligate species such as black willow are present. Most of the sub
layer of vegetation in non wetland areas consist of introduced species such as ligustrum and eleagnus.
L4ydric Soils
The site includes Monacan and Iredell soils. These soils are map units which may have inclusions of hydric
soils according to the Natural Resource Conservation Service, Technical Guide-Section II-A-2, June 1991.
,l ,
The wetland areas on this site are the result of a surface runoff, and a high seasonal water table over a clayey
subsoil. Briar Creek is deeply incised in this area. Frequent flooding appears to be unlikely.
Surface Waters Intermittent tributaries - important
(± 1280 If ) ±- 0.12 acres
Wetlands PFOIA, PSS1A, PSSIC, PEM1C + 1.09 acres
Approximate Total - Waters of the U.S. ~± 1.21. acres
H1MMARY OF IMPACT.
NWP #26
Surface Waters Intermittent tributaries - important
(± 300 If - 1501f per tributary)
Fish, Crab fish, Amphibians were not identified in this stream
front late spring through current conditions ± 0.02 acres
Wetlands PFO I A, PSS I A, PSS 1 C, PEM 1 C + 0.82 acres
Total - NWP #26 ±-0.84 ac.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 4, November 15, 1999
WETLANDS PERMIMM; AND MITIGATION
Avoidance. Minimization. and Mitigation
Due to the economic, engineering, and spatial requirements large contiguous areas must be graded for
building pads and parking. Mitigation will be provided for unavoidable impacts. Best Management Practices
will also be employed to minimize impacts to Jurisdictional Waters. These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage
to wetlands. The contractors will be held responsible for unauthorized wetland damage not
permitted according to plans and specifications. Preconstruction meetings shall be held if necessary
with representatives of the USACE and the NCDWQ.
g) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery.
h) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
strictures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface
waters.
i) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
Proposed Compensatoa Mitigation
A mitigation plan is proposed for a "no net loss" of wetland and stream habitat, value, and function to the
extent feasible on this site. . The proposed wetlands will be created to provide water storage, bank
stabilization, pollutant removal, and aquatic resource values as described in the Fourth Version - Guidance
for Rating Values of Wetlands in North Carolina.
Proposed Mitigation
Create a minimum of 2.0 of surface waters and wetlands in the Briar Creek floodplain or in
conjunction with North Carolina Wetland Restoration Program to meet the mitigation requirements.
It is intended that at wetland creation will occur at a minimum 1:1 (approximately 1 acre wetlands
and one acre surface waters). All stormdrainage from this project as well as off-site drainage must pass
through this system. The purpose of the wetland mitigation proposal is to develop areas of headwater
wetlands in various forms which are saturated within the root zone or inundated for a significant portion of
the growing season. The zones will be based on the expected saturation and inundation of the particular
zones and tolerances and include Bottomland Hardwoods, Scrub/Shrub, Emergent, and Aquatic Zones.
The hydrology will be supported by stormwater runoff, overland. flow, and captured rainfall. This proposed
wetland mitigation site is expected to be inundated and saturated especially during the winter, early spring,
and major rain events. Since the sites occur within excavated areas and groundwater is also expected to
contribute to creating wetland hydrology, the system will also help protect the proposed stream mitigation
site downstream.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 5, November 15, 1999
The following hydrological zones are expected to occur within the wetland mitigation areas;
- Semipermanently to permanently: area is inundated or saturated from 75% to 100,1/6 of the
growing season.
- Regularly: area is inundated or saturated from 25% to 75% of the growing season.
- Seasonally: area is inundated or saturated from 12.5% to 25% of the growing season.
- Irregularly: area is inundated or saturated from 5% to 12.5% of the growing season.
- Vegetation - The majority of the species utilized will include Obligate (OBL) and Facultative Wet
(FACW) vegetation. To a lesser extent Facultative (FAC) species known to be prevalent in wetlands in the
local area will be utilized. Vegetation species that provide benefits to wildlife habitat will be incorporated
into the mix of species utilized.
High and low flows entering the wetland mitigation areas will first drain to a pool or forebay to
reduce velocity and begin distribution. The outlet from the pool will be stabilized with a rip-rap/gabion
structure. To allow a saturated soil development the outlet structure is designed to withhold at least 12".
Excess water will be discharged into the next wetland area, as necessary, if cells are developed, in a
controlled manner by first entering an open water forebay. Water will discharge to the wetland over level
spreaders to disperse the flow.
The bottom grades of the proposed wetland will be at a flat gradient of 0 %. Microtopographic
features such as small drainage ways and hummocks will be designed with the mitigation cells to disperse
and direct flow and to create the various hydrological zones. These will require field. review, adjustment, and
refinement.
- Channels within the wetland areas will be vegetated for a non-erosive designed based on a ten year
storm. Minor drainageways and/or level spreaders will diffuse the flow and will distribute water to various
sections of the wetland. Rock/stone filter check dams will be utilized to make minor flow adjustments within
the mitigation cell.
Water control structures will be provided to allow flexibility in depth control, where necessary. The
design of the outfall structures are planned to be as low maintenance and management as possible. However,
if the water depth is greater than anticipated than the outfall than provisions can be adjusted slightly to allow
a lesser volume to be stored.
Data will be collected from field observations in order to record the development of wetland
hydrology, hydric soils, and hydrophytic vegetation as described in the 1987 U.S. Army Corps of Engineers
Wetland Delineation Manual criteria.
Normal hydrology will be considered the percent of time which the upper 12" exhibits inundation or
saturation. If the amount of precipitation is unusually high or low than the wetland hydrology success criteria
will be 5% to 1.2.5% of the growing season. Hydrology is expected to be supported by runoff from the
project site and from the remaining watershed off-site. Also, the proposed mitigation and stormwater
treatment area is easily accessible for monitoring and could be utilized for education related purposes.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 6, November 15, 1999
The specific plans will include:
1. Description of Proposed Mitigation Areas
Methods of Construction
3. Grading Plan
4. Planting Plan
5. Monitoring Report
6. Schedule
These stream will be constructed concurrently with grading operations involving permitted stream impacts.
Construction Methodology
field.
Prior to any construction activity, the proposed wetland mitigation stimuli be clearly marked in the
Sedimentation and erosion control measures and other Best Management Practices shall be in
place. The wetland areas that are to be and created will be excavated as required. This excavated material
will be utilized to rough grade the large parking and building areas on the site. The removed soil will not be
used to fill any wetlands unless authorized by the U. S. Army Corps of Engineers.
After excavation the wetland areas will be backfilled to finish grades with suitable topsoil and
stabilized as necessary to create the various hydrological planting zones and drainage pattern. Stone
armoring and appropriate geo-textiles may be utilized plus seeding and planting, Runoff will then be directed
into the area. Under normal conditions for the area, the soils are expected to be inundated and/or saturated
during the winter months and early spring for a period of at least 5 to 12.5% of the growing season.
Soils shall be topsoil or stockpiled suitable wetland soil and have a minimum of 40% organic
content. Soils shall be spread and compacted to 90%. Eighteen inches to two feet of topsoil and shall be
spread and adequately compacted as a planting medium throughout the mitigation cell. Note that
excavation in the proposed wetland areas should be below finish grade prior to placement of topsoil.
Before placement of the topsoil, the subgrnde and hydrological conditions must be assessed.
Manipulation of soil depth will be required to create micro-topography within mitigation cell. Field
modifications may be required based on actual site conditions,
The wetland mitigation areas shall be stabilized with grasses or other herbaceous materials for at
least one growing season to observe hydrological, soil development and vegetation which is volunteering.
Adjustments may then be made as required to the water control structures, spillways, and grading as
required. Installation of the wetland materials should not take place until the site's hydrology has stabilized
and discharge structures have been adjusted as necessary.
The entire mitigation cell shall be completely impounded to fully saturate soils prior to adjusting
discharge structures and establishing hydrological zones.
Watering to maintain moist soils throughout all elevations may be necessary during the first
growing season.
Mr. Steve Chapin - USAGE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 7, November 15, 1999
Planting includes of a diversity of saturation tolerant tree species which are also high in wildlife value. The
planting plan will also encourage a diverse canopy and mid-story vegetation, The primary criteria upon
which plant selection. is based is the duration of soil saturation. Soil saturation is expected to occur at a rate
similar to adjacent wetland and / or riparian areas and is expected to be for a minimum of 12 consecutive
days and a maximum of 52 consecutive days under normal circumstances during the early part of growing
season. Tree species tolerant of these hydrological conditions will be specified in the mitigation areas.
Forested mitigation sites will be planted at an initial density of approximately 500 trees woody stems per
acre by utilizing a combination of bare root seedlings and/or larger vegetation. Scrub/shrub mitigation sites
will be planted at an initial density of approximately 1000 woody stems per acre by utilizing a combination of
bare root seedlings and/or larger vegetation. In addition to woody species, herbaceous plants will be will be
planted in an organized pattern or groupings of a similar hydrophytic zone. These zones adjacent to surface
waters improve water quality by filtering runoff, trapping sediment, absorbing nutrients, and provide wildlife
habitat and a food source for aquatic organisms, amphibians, birds and other wildlife.
Vegetation will be selected from the following general lists.
Scrub/Shrub Zone
Alnus spp.
Corpus amomum
Sambucus canadensis
Itea virginica
Ilex decidua
Viburnum dentatum
Cephalanthus occidentalis
Lindera benzoin
Others that are approved
Boltomland Hardwood - Forested one
Carya spp. Diospyros virginiana
Nyssa sylvatica Quercus species
Frax.pennsylvanica
Taxodium distichum
one 1 - tlan area.! in tg==Iy laturat oil or w4kct to uccamonal and bn?f inr air n
Agrostis alba (Red Top) Polygonum spp.(Smartweed)
Juncus effusus (Soft Rush) Eleocharis spp.(Spikerush)
Zone 2 - W-ellaW areas prone to persistent Hooding or non&ng
Moist to 1 Foot i2f Water
Three Square Bulrush
Sedge species
Creeping Spike Rush
Lizard Tail
Carex species (Sedge)
Others as specified
Soft Rush
Others
,Sit?llgw,. Wafer Plants
Sweet Flag
Pickerel Weed
Arrow-Arum
Others
Duck Potato
Other plants may be selected from Table 11.2 in Stonnwater Best Management Practices, November 1995.

Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 8, November 15, 1999
Tree Planting Zones
Planfi Zones, arc based Ci;
A/B - Transitional Species, and species which tolerate minimum
duration of soil saturation
C/D
t
F - Saturation - Tolerant tree species
d Z
T
Pl
ti
S
h
l
d
ores
e
one -
ree
an
ng
c
e
e
u
* No more than 20% of the trees required to be installed shall be
of one species to create diversity. Trees
shall be located in a naturalistic pattern. The minimum size shall be 1 yrR bare root seedlings The size
specifie d below jnded to increase survivability. Additional or alternate selections may be
necessary based on availability, site specific data, and cost factors. All of the listed species shall be utilized
unless approved otherwise.
Z&m Scientifilc Name Size and Condition spacing
Common Name
A/B Diospyros virgininna min. 1 year bare root seedling 9' On. Center
Persimmon
C/D Fray. pennsylvanica min, I year bare root seedling 9' On Center
Green Ash
C/D Nyssa sylvatiea min. I year bare root seedling 9' On Center
Blackgum
C/D Quercus lyrata min. I year bare root seedling 9' On Center
Overcup Oak
A/B Quercus michauxii min. 1 year bare root seedling 9' On Center
Swamp Chestnut Oak
A/B Quercus phellos min. 1 year bare root seedling 9' On Center
Willow Oak
A/B Quercus shumardii min. I year bare root seedling 9' On Center
Shumard's Oak
C/D Taxodium distichum min. I year bare root seedling 9' On Center
Baldcypress
Scru¢/S ryb Man f ng me &-heMe
Ceph. occidentalis Button Bush 14" - 18" Plants 6'-7' O/C
Alnus serrulata Tag Alder 14" - 18" Plants 6'-7' O/C
Betula nigra River Birch 14" - 18" Plants 6'-7' O/C
Lindera benzoin Spicebush 14" - 18" Plants 6'-7' O/C
Cornus amomum Silky Dogwood 1411- 18" Plants 6'-7' O/C
Sambucus canadensis Elderberry 14" - 18" Plants 6'-7' O/C
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 9, November 15, 1999
** No more than 20% of the scrub/shrub materials required to be installed. shall be of one species to create
diversity and shall be located in a pwtern And direrteo by the Planner. The !rir.;rn4m size shFfl be 1 ,r. byre
root seedlings. The size specified below is recommended to increase survivability. Additional or alternate
selections may be necessary based on availability, site specific data, and cost factors. At least six varieties
shall be utilized.
Botanical Nang Common Name Size Notes
Rushes/edges *
Juncus effusus Smooth Needle Rush 2 yr. peat pot T O/C,
Scirp. americanus Common Three Square 2 yr. peat pot 3' O/C.
Acoris calamus Sweet Flag 2 yr. peat pot 3' O/C.
* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined based on final surface and ponding conditions.
Sballow Water Plants*
Peltandra virginica Arrow Arum 2 yr. peat pot 3' O/C.
Sagitaria latifolia Duck Potato 2 yr, peat pot 3' 01C.
Saururus cernus Lizard's Tail 2 yr. peat pot 3' 01C.
Nuphar luteum Spatterdock 2 yr. peat pot 3' 01C.
* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined based. on final surface and ponding conditions. Herbaceous species will be
planted in 25 to 50 cm diameter clusters at a density of 1000 clusters per acre or will be seeded with a
wetland seed mix at a rate which will result in a coverage of at least 100 stems per square meter upon
germination. Survival rates of seeding, roots, and/or individual plants will be explored for each species
selected based on availability, site specific data, and cost factors. All new plantings will consist FACW and
OBL species. Planting will be conducted in the spring and the fall. Annual ryegrass, millet or red top grass
will be utilized in order to provide temporary stabilization during the summer and winter months or until
planting times become available.
Seedin, 50edacation.Uo Hk&uceous and Cover r in WetlanddO&n Sity
Zone 1 - Wetlnd areas in temporar)i y saturated soils or subject to occasional and W-d-inun tion
Data X Y= Bats
April 1 - Jul. 15 Red Top Grass
Smartweed
7 lbs/a.cre
20 Ibs /acre
Jul. 16 - Sept. 1 Temporary Crop
Jap. Millet or Sorghum 20 Ibs /acre
(to be followed by pennanent mixture)
Sept. 2 - Nov. 1 Smartweed
Red Top Grass
20 lbs /acre
7 Ibs/acre
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 10, November 15, 1999
Nov. 1 - March 31 Temporary Crop 40 lbs /acre
Wheat or Winter Itve
(to be followed by permanent mixture)
The following species may be substituted:
- Bidens connata (Beggar's Tick) and other Biden's species
- Leersia oryzoides (Rice Cutgrass)
- Panicum viratum (Switchgrass)
- Peltandra virginica (Arrow Arum)
See it g Instructions
1) Seed in the dry period
2) use of a filler, such as sand to dilute the seed to ensure uniform ground coverage when broadcasting
3) tree and shrub planting should be completed first before seeding
4) Pure live seed shall be specified and approved prior to planting.
Herbaceous species may with a wetland seed mix which will result in a coverage of at least 100 stems per
square meter upon germination. Subsitutions may be permitted with approval. Other native grasses or
annuals may be selected. No fescue will be used in wetland areas. Annual grasses shall be utilized for
stabilization on surrounding slopes within Mitigation Area rather than perennials to allow natural succession.
If a perennial is required for erosion control than a mixture shall be selected that allows natural volunteering
to occur.
Monitoring
Monitoring of wetland creation activities will be performed to evaluate the mitigation site relative to the
success criteria. Annual reports will be prepared which summarizes the data collected in the field and notes
trends. Photographs at fixed stations will be taken to document the trends and changes occurring at the sites.
These reports will be furnished to the Corps of Engineers and the North Carolina Division of Water Quality.
Vegetation Monitoring
Four sample plots will be identified. The plots will monitor at least 30' radius to record the number
and species of each surviving woody stem and the percent aerial cover of the three most dominant species.
Within the 30' radius area a. 10' radius area will be established to record the three dominant herbaceous
species.
Mitigation areas will be monitored bi-annually during March/April and August/September to
measure survival rate, species diversity, growth.
Identify upland species and invasive species to be removed such as honeysuckle, blackberry, rose,
poison ivy, kudzu, ligustrum, etc.
Vegetation Success Criteria
At least 320 woody stems per acre are surviving. If this criteria is not met, the area is not
considered to be successful and maintenance will need to be perforated on the area in order to provide the
required quantify. A five year monitoring period will be conducted for forested plant communities.
A minimum 75% cover after five years is required for herbaceous plant cover.
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 11, November 15, 1999
Hydrology Monitoring
Monitoring wells will be designed and placed in accordance with the specifications in U.S. Corps of
Engineers, Installing Monitoring Wells / piezometers in Wetlands (WRP Technical Note HY-1A-3.1, August
1993). Monitoring Wells will be set to a depth 24 inches below the surface soil. These monitoring wells will
be imbedded within vegetation sampling plots to provide representative coverage within each of the
ecosystem types. Hydrological sampling will be performed throughout the growing season at intervals
necessary to satisfy the hydrology success criteria. It will be observed on a monthly or as needed basis for at
least the first year in order to establish a record of the hydrology throughout the year. At least four
monitoring lls will be established for the wetland mitigation areas.
Hydrological S recess !Criteria
Saturation or inundation for at least 12.5% of the growing season at lower landscape positions during
average climatic conditions is the target hydrological characteristic. Upper landscape areas may exhibit
inundation and/or saturation between 5% and. 12.5% of the growing season. If wetland parameters are
marginal, consultation with USACE personnel will be conducted to determine the jurisdictional extent in
transitional areas. The data collected during the monitoring period will be utilized to evaluate the success of
the mitigation areas. The success criteria will be as follows:
Soil saturation within 12 inches of the surface for a minimum of approximately 12 consecutive days
during the early part of the growing season.
Observed. evidence of inundation or saturation within the root zone for 5% to 12.5% of the
growing season.
Establish at least one hydrology indicator per the 1987 USACE Wetland Delineation Manual in the
sample plot or match adjacent riparian habitat surroundings.
Establishment of at least one hydric soil characteristic
These Vegetative, Soil, and Hydrological Characteristics must be met to determine success of the wetland
mitigation. If the mitigation is determined to be unsuccessful the following one or more of the following
contingency plans will be implemented,
1) Selected re-installation of vegetation, thinning, maintenance, and/or acceptance
2) Extended monitoring periods
3) Hydrological modifications or manipulation and/or
4) Off-site mitigation sites and/or.
5) Acceptable alternative form of mitigation.
Report Submittal
An "as-built" plan drawing of the area, including initial species compositions by the community type, and
sample plot locations will be provided after completion of planting. A review of the actual design, densities,
and. quantities will also be included and will be provided within 90 days of completion of planting. Submitted
reports will document the sample plot locations, along with photographs which illustrate site conditions.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 12, November 15, 1999
Monitoring Reports will include:
1) species and quantity of each surviving woody stem
2) Estimated. percent aerial cover of the three dominant species
3) Representative photographs
4) Depth of water table during early part of the growing season
5) Hydric soil observations and other hydrological characteristics.
Field data will be recorded on a monitoring data form and submitted along with representative photographs
in a annual monitoring report. This will be submitted to the USACE and the NCDWQ. After the fifth year of
monitoring, a summary report and as-builts will be furnished for review and discussion regarding compliance
of the project with conditions of the permit and to determine the need for future monitoring or
modifications.
The Mitigation areas will be monitored bi-annually to identify maintenance requirements that will encourage
the successful development of the wetland mitigation sites and function of the stormwater quality facilities.
This will include the following:
a) Vegetation management
b) Semi-annual inspections
c) Debris check after storm events
d) Establishment of a benchmark for sediment removal with specific elevations
e) Designation of a responsible party
1) Vegetation Management
The presence of invasive species that will effect the positive development of the wetlands shall be identified
at the monitoring periods and will be removed by the representative of the responsible party. These species
are likely to include honeysuckle, blackberry, rose, poison ivy, kudzu, eleagnus, ligustrum, cattails, etc.
Vegetation may be removed by physical or by the use of an approved herbicide such as "Round-up",
"Rodeo" or equivalent.
2) Inspections
Mitigation areas will be monitored bi-annually during March/April and August/September and/or storm
events to determine the need for maintenance such as the removal of debris and/or repairs to the mitigation
site such as those caused by erosion.
3) As-builts - Benchmark for Sediment Removal
Field adjustment is expected during the construction of the restoration and stormwater quality basins. An
"as-built" plan drawing of the area will include a benchmark for sediment removal will also be established for
the storm water quality wet detention basins. Removed sediment will be transported to an upland site and
stabilized. In some cases it may be appropriate to utilize the appropriate sediment such as washed topsoil to
enhance or modify the development of the wetland areas. This will be determined on a case by case basis and
will be included in the monitoring report. The following requirements have been developed for the ponds
and stormwater wetlands to be signed by the owner.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 13, November 15, 1999
Water Management Plan
In order to determine the quantity of water available for the mitigation sites system, a water budget analysis
will be performed. Inputs to the system include precipitation, surface runoff from the site and adjoining
tracts. Groundwater sources are also likely. The objective of the water management plan is to provide
periodically saturated and flooded conditions to the created wetland system. Once this is accomplished the
wetland area with appropriate grading should provide a variety of diverse and suitable wetland habitats. The
water management plans are a essential part of the overall stormwater management plan. The pond will also
be used as a method of controlling peak flows and. as a method of diverting flows into the wetland mitigation
areas. The constructed wetlands on this site will be associated with the contributing watershed of perennial
to intermittent streams and runoff from impervious surfaces. Runoff will be conveyed to the wetland as a
point discharge. Regular and low flows from the wet detention pond will be discharged directly to a forebay,
plunge pool or level spreader.
The flow will then be diffused in a sheet flow fashion. Sheet flow will disperse over the wetland mitigation
area before following swales which will distribute flows at a low velocity. The bottom grades of the
proposed. wetland will be at a flat gradient of 0% slope. Water will enter the mitigation site into a. forebay
and/or plunge pool and allowed to spread by sheet flow over the area. Small drainageways and hummocks
will be designed to disperse and. direct flow and to create the various hydrological zones. To allow the
saturated soil development the outlet structures designed to withhold at least 12". Excess water will be
discharged into the next mitigation area in a controlled manner. If the water depth is greater or less than
anticipated than the outfall can be adjusted slightly to allow a greater or lesser volume to be stored.
Percolation rates are not expected to be rapid due to the dense subsoils. Provisions have been made allow
excess water to runoff into adjacent channels or wetlands. Small stone filter rock check dams or other
obstructions will be strategically placed to make minor adjustments to drainage flow in order to increase or
decrease duration of flooding or saturation,
The outflow structure will be temporary stone filter rip-rap weir structure installed in conjunction with a low
lying berm. This will allow flexibility to make adjustments and detention of or the removal of excess water
until a stable level is observed. Structures will be monitored and inspected regularly throughout the
construction period, and also during the proposed vegetative monitoring periods. It was determined that
high flows diverted to the wetland area may cause severe erosion. Therefore routing of high flows directly to
a designed channel will be necessary.
The quantity of water available during the early part of the growing season appears to indicate that adequate
water will be available to support wetland hydrology requirements.
Protection from Future Development
Upon completion of construction of the wetland sites as - built drawings will be prepared. The survey will
include:
boundary of each area
- finish grades
- location of monitoring wells, if necessary and. sample plots
- drainage control features
- Other significant information, as required
Fencing may be installed by the owner to protect the mitigation sites.
Mr. Steve Chapin - USAGE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 14, November 15, 1999
The restored, preserved , and created wetlands will be protected from future impacts by the applicant or by a
group i : $I^?,7]iitc,,. by tfic .y_.7 1.,^ for i:> ilirpvaC. C)b'C 0lililwiii Of t1HS?- iii'%cie `vVilt be (li;E`.it i'i;Sttll%i8i1 ipl
accordance with restrictive covenants which will be developed for approval by the USAGE and/or NCDWQ.
Restrictive Covenants will include the following information:
The area shall remain in its natural condition in perpetuity
Acreage of wetland preservation area, wet detention ponds, and created wetlands
Prohibition of the placement of utilities, filling, dredging, construction, or other activities.
A permanent easement for the purpose of constructing, monitoring, and maintaining the mitigation
area and preserved wetlands.
Obligations if monitoring indicates that the area has not met the 1987 U. S. Army Corps of
Engineers Wetland Delineation Manual criteria.
A biological benchmark will be established at the existing wetlands to be saved.
THREA TENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered. Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings.
Portions of the site are currently in old field succession and secondary succession. Based on soil types this
site was determined to be potentially conducive to the presence of Schweinitz's sunflower. The site has been
surveyed by Dr Jim Matthews of the Habitat Assessment Restoration Program Their surveyindic indiggles that
Schweinitz's sutLtlower root present in the area
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
does not occur on this site. The USFWS was contacted on December 28, 1996, as required.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a. federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality. The stream on this site however was found to be
intermittent based on an analysis during the summer months. Therefore this species is not likely to occur on
this site.
Aquatic Habitat
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Flat
Branch. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians,
fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 15, November 1-5, 1999
control plan will be maintained. during the constriction period in order to control degradation of water
qualify lown-trearn and pr,)tect the arca to he 1)TCSC;'VCiI. lloil icnii etiil5tl"ti ti0il 11ii1Yti4A:+, plillial"Ily
stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid recovery. Project construction will strictly adhere to an approved sedimentation and erosion
control plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic
life such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened. Aquatic resources are
expected to be enhanced through the restoration of wetland areas that flood and pond for longer durations.
STORMWATER MANAGEMENT PLAN
To help offset the loss of the wetlands value and reduce the potential nutrient impacts downstream the
developer proposes to utilize the non-wetland floodplain and create wetlands. Establishing and maintaining
a natural, forested, low maintenance ecosystem will reduce the volume of runoff, and thereby reduce erosion
and. pollutants coming from an area of more intensive land use to a water body. The reduction of erosion and
pollutants occurs through natural mechanisms such as deposition, infiltration, adsorption, absorption,
filtration, and. decomposition. Natural forested areas have the capacity for collecting and storing nutrients
and the canopy protects the soil from erosion.
Stoihnwater Management Plan Concepts
A. Utilization of natural floodplain and wetland mitigation areas for stormwater treatment. It is
expected that areas within the floodplain will need to be excavated to further increase the water storage and
pollution removal values. The design concepts will be based on information derived from Design of
Stormwater Wetland Systems by Thomas R. Schueler. The planners will utilize information and guidelines
provided by the North Carolina Department of Environment, Health, and Natural Resources Water Quality
Section in developing this wetland.
- It is expected that habacgoll and scrub/shrub wetland apecies Aill rapidly volunteer in the area, .9f
the recommen ed species currently exist in the area to be utilized for this function, Supplemental plantings
mdU be aciceted from Table 11.2 in the Stormwater Best Manauement Practices, NCDENR- November- 1,995
base_dQn actual field conditions,
PLANS AND MONITORING
Detailed plans for the mitigation areas will be further articulated, from the plans included in this document.
These plans will be submitted to the USACE and the NCDWQ for approval. Plans will include :
Site Preparation Requirements
Vegetation Requirements
Tracking and Monitoring Requirements
A monitoring program will be developed to monitor the mitigation areas to include:
Vegetation Parameters
Species Composition and Abundance
Survival
Growth
Mr. Steve Chapin - USAGE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 16, November 15, 1999
Monitoring of vegetation will be conducted on a semi-annual basis for five years according to the following
geneminrocedures
A. Measure growth, species diversity, advise on removal of invasive species.
B. Establishment of a representative sample observation plot of at least 30' radius to record the
number and species of each surviving woody stem and the percent aerial cover of the three most dominant
species.
C. Within the 30' radius area, a 10' radius area will be established to record the three dominant
herbaceous species.
D. Periodic site visits will be conducted for maintenance, aesthetic purposes, and possible
modifications to increase survival rates.
E. Recommendations regarding planting enhancement, if necessary.
F. Field data will be recorded on a monitoring data form and submitted along with representative
photographs in a annual monitoring report. This will be submitted to the NCDWQ and the USAGE . At the
end of the fifth year a report will be prepared for review and to determine the need for future monitoring or
modifications.
Reporting
Annual Progress Reports will be prepared which summarizes the data collected in the field and notes trends.
Photographs at fixed stations will be taken to document the trends and changes occurring at the sites. These
reports will be furnished to the NCDWQ and the USACE. After the fifth year of monitoring, a summary
report and as-builds will be furnished to the USACE and NCDWQ for review and discussion regarding
compliance of the project with conditions of the permit.
Syjccess Criteria
The data collected during the monitoring period will be utilized to evaluate the success of the mitigation
areas. The success criteria will be as follows:
Soil saturation within 12 inches of the surface for a minimum of approximately 12
consecutive days during the early part of the growing season.
Establish at least one hydrology indicator per the 1987 USACE Wetland Delineation
Manual in the sample plot or match adjacent riparian habitat surroundings
Establish at least one hydric soil characteristic or match adjacent riparian habitat
surroundings.
These vegetative, soil, and hydrological characteristics must be met to determine success of the wetland
mitigation sites. If the mitigation is determined to be unsuccessful the following one or more of the following
contingency plans will be implemented.
1) Selected re-installation of vegetation, thinning, and/or acceptance
2) hydrological modifications or manipulation and/or
3) Off-site mitigation sites.
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 17, November 15, 1999
Schedule
Grading and installation of water control structures where applicable will be conducted concurrently with
project construction. Vegetation planting and installation is expected to be conducted in the dormant season
for woody plants and spring for herbaceous materials. A more specific schedule for construction will be
submitted to the USACE and the NCDWQ in the future prior to construction.
PROTECTION FROM FUTURE DEVELOPMENT
Upon completion of construction of the mitigation sites as - built drawings will be prepared. The survey will
include: - boundary of each area
finish grades
location of monitoring stations, and sample plots
- drainage control features
etc.
The preserved and created wetlands and ponds will be protected from future; impacts by the applicant or by a
group designated by the applicant for this purpose. Development of these areas will be deed restricted in
accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ.
Restrictive Covenants will include the following information:
- The area shall remain in its natural condition in perpetuity
- Acreage of wetland preservation area, wet detention ponds, and created wetlands
- Prohibition of the placement of utilities, filling, dredging, construction, or other activities.
- A permanent easement for the purpose of constructing, monitoring, and maintaining the mitigation
area and preserved wetlands.
- Obligations if monitoring indicates that the area has not met the 1987 U.S. Army Corps of
Engineers Wetland Delineation Manual criteria.
CULTURAL RESOURCES
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if
sites are indicated on the National Historic Register within the study area.
A QUA TICHABITA T
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Briar
Creek. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians,
fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation
control plan will be maintained during the construction period in order to control degradation of water
quality downstream and protect the areas to be preserved. Short term construction impacts, primarily
stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid recovery. Project construction will strictly adhere to an approved sedimentation and erosion
control plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic
life such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 18, November 15, 1999
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
Bryn 5rvuw,n LlrUn ,w: ?.C'rii ,c c. ndS li].TGulc:u, n.l V.Idiii; f?5lii.li?C. i"ii'c
expected to be enhanced through the restoration. of wetland areas that flood and pond for longer durations.
CONCLUSION
Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive site
planning has chosen to balance the site's economic viability with its environmental value and permitability.
The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this
development by creating beneficial wetland or riparian habitat and enhancing and preserving the
Jurisdictional Waters of the U.S. remaining on the site. The undisturbed wetland areas and the mitigation
sites will be preserved by the applicant or by a group designated by the owner for this purpose. They will be
managed as a wetland system of high value.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.

Leonard. S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect #578
CC' Mr. Tom Bruce
Pulte Home Corporation
7422 Carmel Executive Park, Suite 300
Charlotte, NC 28226
Mr. Bailey Patrick
HPW Park Associates, LP
c/o Grubb & Ellis Bissell Patrick
4521 Sharon Road, Suite 100
Charlotte, NC 28211
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WETLAND MITIGATION TO CONSIST OF BOTTOMLAND
SCRUB/SHRUB; AND HERBACEOUS ZONES
,.00"' EXISTING CHANNEL AND WETLANDS TO BE PRESERVED
WETLAND MITIGATION
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MITIGATION PLAN TO BE COORDINATED WITH CONCEPTUAL MITIGATION PLAN
GRADING AND STORM DRAINAGE PLANS
1
FOREBAY & POND

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 23, 1993
IN REPLY HEM-H I V
Regulatory Branch
Action ID. 199304491, Wetland Determination
Mr. Bailey W. Patrick
Bissell Companies, Incorporated
2115 Rexford Road, Suite 100
Charlotte, North Carolina 28211
Dear Mr. Patrick:
On July 29, 1993, Mr. Steven Lund of my staff met with your consultant,
Mr. Len Rindner, at your property consisting of approximately 22 acres on
Little Sugar Creed between Tyvola Road and Park Road at Charlotte, Mecklenburg
County, North Carolina. The purpose of this meeting was to determine the
presence of wetlands subject to our regulatory jurisdiction pursuant to
Section 404 of the Clean Water Act.
As a result of this meeting, an area of forested wetland was identified in
the south central portion of the site. This wetland is adjacent several
unnamed, headwaters tributaries of Little Sugar Creek entering the property
from the south and east; therefore, the site is eligible for Nationwide Permit
No. 26 for work above stream headwaters. Notification to this office would be
required for work affecting more than 1 acre of wetland (greater than 1\3 acre
for a State water quality certification). Mr. Rindner produced a map, dated
July 31, 1993, showing the general size, location and configuration of
jurisdictional wetlands on the property. This wetland map may be used for
general planning and informational purposes but should not be relied upon to
set grading or construction limits. If you elect to pursue permit
authorization or conduct grading and filling activities close to the wetland,
we recommend that the flagged wetland boundary be surveyed and transferred to
a property map. Property maps with surveyed wetland lines must be further
verified by our staff to be acceptable.
Questions or comments may be addressed to Mr. Lund, Asheville Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
3VI G. Wayne Wright
Chief, Regulatory Branch
Copy Furnished:
Mr. Leonard S. Rindner
7113 Hickory Nut Drive
Raleigh, North Carolina 27613
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
January 6, 1997
Mr. Leonard S. Rindner, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, North Carolina 27613
Dear Mr. Rindner:
Subject: Proposed development of a 36-acre site between Tyvola and Park Roads, Charlotte,
Mecklenburg County, North Carolina
We have reviewed the subject project with regard to endangered and threatened species as
requested by your letter of December 21, 1996. The following comments are provided in
accordance with the provisions of Section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act),
Based on the information provided with your letter, we can concur with the determination that
the proposed action is not likely to adversely affect the federally listed plant species, Helianthus
schweinitzii (Schweintitz's sunflower). In view of this, we believe the requirements of Section 7
of the Act have been satisfied. However, obligations under Section 7 of the Act must be
reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species in a. manner not previoi.isly considered. (2) tbi-s action is subsequently modif ed in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
According to your letter, a Section 404 nationwide permit will be required for the proposed
development of the subject site. If we are asked by the U.S. Army Corps of Engineers to review
a permit application for this project, we will likely recommend that: (1) any disturbance of
stream and wetland areas be avoided to maximum extent possible; (2) stringent erosion and
sedimentation controls be installed and maintained to prevent unnecessary impacts to aquatic
resources within and downstream of the project site; and (3) in the cases where work within
stream and wetland areas cannot be avoided, the stream or wetland be restored to a habitat value
equal to or greater than that which was disturbed.

We appreciate the opportunity to provide these comments. If we can be of any assistance, or if
you have any questions, please do not hesitate to contact Mr. John Fridell of our staff at
704/258-3939, Ext. 225. In any future correspondence concerning this project, please reference
our Log Number 4-2-97-036.
Sincerely,
Brian P. Cole
State Supervisor
cc:
Mr. Bob Johnson, U.S. Army Corps of Engineers, Regulatory Field Office, 151 Patton Avenue,
Room 143, Asheville, NC 28801-5006
Ms. Linda Pearsall, Director, North Carolina Natural Heritage Program, P.O. Box 27687,
Raleigh, NC 27611
I ,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification and
Mr. Bailey Patrick
HPW Park Assoicates
HPW Inc.
2115 Rexford Road, Suite 100
Charlotte, NC 28211
Dear Mr. Patrick:
LT.R;VA
A&14 0 0
[D EHNF?
January 21, 1997
Mecklenburg County
DWQ Project # 961182
ADDITIONAL CONDITIONS
You have our approval to place fill material in 0.99 acres of wetlands or waters for the purpose of
constructing a commercial development at Park and Tyvola roads in Charlotte, as you described in your
application dated 31 January 1997. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 2671. This certification allows you to use Nationwide
Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. The site plan for the motel shall be shifted into the proposed mitigation site so as to reduce total
impacts to less than one acre unless the applicant demonstrates that this minimization is not practical (15A
NCAC 2H.0506(g)). Additional written approval is required from DWQ for the stormwater management
before wetland fill occurs. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying
404 or CAMA permit expires unless otherwise specified in the General Certification.
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 Water Quality under Section 401 of the Clean `Hater
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Si e ,
Pr ston Howard, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Domey
Central Files
Len Rindner 961 182.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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