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HomeMy WebLinkAbout19961184 Ver 1_COMPLETE FILE_19961231.. , ` tncr% ^ 961184 Landen Town Center Mecklenburg County, North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared For: Crosland Land Company 141 Scaleybark Road Charlotte, NC 28209 Prepared By: Leonard S. Rindner. PWS Environmental Planning Consultant 7113 Hickory Nut Drive Raleigh, NC 27613 (919) 870-9191 *Subject to verification by the USACE Date : 12/96 1 . 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 MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED 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. 1. OWNERS NAME : The Cro s) a rrcl L onJ 2. MAILING ADDRESS : SUBDIVISION NAME: CITY: Cha?-?o-f- ? STATE: NC ZIP CODE: 20ct PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM M=Z LING ADDRESS ABOVE): II 3. TELEPHONE NUMBER (HOME) : (WORK) 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Mr. ai (( &a,--f -lard - \l ce •Przsiderd- - Same aL cbov6-7- 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AER AT., PHO OG PHY WITH SCALE) COUNTY: ? o rG NEAREST TOWN OR CITY: ??l'1Cf,r ?O I ` ? d I n 4on aelkd SPECIFIC LOCATION NUMBERS, LANDMARKS, ETC.): G I-e. w 1 .11 & a+ Grcum-fit (INCLUDE ROAD 'Y)+er??+i or'1 6. IMPACTED OR NEAREST STREAM/RIVER:???? ' ?? ?? CrQ?? RIVER BASIN: ` OiRuvb 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDI RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [-T IF YES, EXPLAIN: 'rb. IS THE PROJECT LOCATED WITHIN P_ NORTH CAROLINA DIVISION OF COAL A_TM.;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? 9a. ESTIMATED TOTA., NUMBER OF ACRES IN TRACT OF LAND: 8a. HAVE ANY SECTION 404 PERMITS EN PREVIOUSLY REQUESTED FOR`U`S-E ON THIS PROPERTY? YES [ ] NO [ _IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) : 810. ARE ADDITIONAL, PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ J NO [ J IF YES, DESCRIBE ANTICIPATED WORK: are, o'j'G + t 1 ed -{. - ?s -1 r 'l ems. :v+L) re.. srf? r?la-y i n r1 a yl-U'fs, S1 Gc 9b. ESTIMATED TOTAL NUMBER ACRES OF WETLANDS LOCATED ON PROJECT SITE: d ?-I 3G .-? Crams G?- U,?- \,,a+ers Qra S ?? a r 2 10a. NUMB ER2OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING : ? EXCAVATION : FLOODING: OTHER: DRAINAGE' TOTAL ACRES TO BE IMPACTED: acre. we.-Flcnds wrf 1 SurFac.- wahers X37 C,reek d 1?T Gc c-e. ?rGt?-c r5 _ Ob. (1) STRUM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF : ..?? RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) LENGTH BEFORE : AFTER : FT ir-± 1o74'D L?'? =- Suizcc,, v xr,- ,4'Gy1?S 01,d, c?ar'1?'1 Izp? rt ar-W- " WIDTH BEFORE (based on normal high water contours): f Z FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: F AFTER: FT (2) STREAM. CFQNNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN 'CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF A D.A-M/FLOODING: OTHER: 11. IF CONSTRUCTION OF P_ POND IS PROPOSED WHAT S THE SIZE OF THE WATERSHED DRAINI G T THE PON -> VlL = OrN 6?_r I r-? 41T,01 (444 ' Y?Gr'?'.. t? If 7eS a O ??i'Y1 t n fnr?T IS THE EXPECTED POND SURFACE ARE_?? e- {-? ?c -??m "A rzi 13. PURPOSE OF PROPOSED WORK: 4e2 '17 HGc_GPN.--cl 3 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF \M CHANICP?, EQUIPMENT TO BE USED (ATTACH PL.A"NS: 8 1/2" X 11" DRAWINGS 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): , -a 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?TH.T MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: A+K? I?'?.(r+^ r 27 ???L (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: MA' fe-d ?Gfrrl?? 2?7 151?- 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [J NO (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 [ J NO [ J b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES (I NO [ ] 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 BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 r' 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 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 P_ CONSULTANT, INCLUDE ALL DATA. SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED". e. WHAT IS LAND USE OF SURROUNDING PROPERTY? moo n 4a-cjNle-j re- D 01+ 4;?- -[? K -- I v}_ _ or ft-o+ OYA f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? (CMOD 1 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 TIC TrMNTY 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. OWNER'S/AGENT'S SIGNAT RE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) DATE 5 LEONARD S. RINDNER Environmental Planning Consultant 7113 Hickory Nut Drive Landscape Architecture Raleigh, NC 27613 Land Planning (919) 870-9191 December 28, 1996 Mr. Steve Lund US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 143 Asheville, NC 28801 - 5006 Mr. John R Dorney Department of Water Quality - NCDEHNR Environmental Science Laboratories 4401 Reedy Creek Road Raleigh, NC 27607 Mr. Mike Parker NCDEHNR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Landen TownCenter - ± 261 Acre Site. Charlotte. Mecklenburg_ County, North Carolina - Nationwide Permit #26 Dear Sirs: On behalf of my client, Mr. Bill Gartland of Crosland Land Company, I am providing you with the following information concerning the Landen Town Center Project for your consideration under Nationwide Permit #26. The project ate is located in rapidly developing south Mecklenburg County, NC. The site is currently zoned a mixed-use development consisting of ± 489,000 SF of regional and neighborhood retail centers, ± 511,000 SF of corporate and neighborhood business centers, and multi-family housing. The project concept has been locally approved through two very complicated and controversial re-zoning procedures. In order to balance the site's economic viability with its environmental value and permitability, the developer will need to re-zone once more to minim;e impacts to valuable wetlands. BACKGROUND The proposed mixed-use is approximately 261acres in south Mecklenburg County, North Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth especially in conjunction with the Charlotte Outer Belt, which passes north of the site. Other projects in the vicinity include Ballantyne, Piper Glen, and the Providence Country Club. The site is proposed to be bisected north and south by Rea Road Extension (SR 3624) - TIP No. U-2506 and east and west and south by the proposed East-West Circumferential - TIP No. U-3307. These road projects are manifested on the Charlotte- Mecklenburg Thoroughfare Plan. Current land use in the vicinity is large single family subdivisions, however commercial areas are expected to be built in the vicinity as the area develops in conjunction with new roads. There are approximately 35 acres of jurisdictional surface waters and wetlands on the project site. Approximately 92% of the jurisdictional waters and wetlands will not be impacted by the proposed development. All fill material will be unpolluted and appropriate measures to control sedimentation and erosion will be employed. Wetlands which will not be disturbed will be protected during construction from damage due to construction traffic, drainage and other forms of disturbance. Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 2, December 28, 1996 The wetlands will be protected by restrictive covenants and the hydrology will be maintained and enhanced by utilizing the stormdrainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic life value. A Stormwater Management Plan will also be implemented for portions of the project that consist of Commercial, Office, Corporate, and Business land uses. Stormwater management facilities will include stormwater ponds, and pocket wetlands and extended stormwater wetlands. 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. 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. SUMMARY OF WATERS OF THE U.S MethodologX 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 make a positive wetland determination, indicators of hydrophytic vegetation, hdric soil, and wetland hydrology must be identified as described in the manual. The wetland boundary was marked in the field by Kimley-Horn & Associates and was reviewed and verified by the USACE (Steve Lund) on February 21, 1995. The approved map has been used for planning and potential permitting purposes. General Wetland Classification and Description The wetlands on this site can be describe as Palustrine Forested Broad - Leaved Temporarily Flooded and Seasonally Flooded. They have formed in perched water table conditions, in flat to nearly level areas and depressions over an extremely dense clay soil layer often typical of Iredell soils (IrA). Within the wetland areas there are areas with mafic swamp characteristics. These swamps are a type of rare wetland habitat of the southern piedmont occupying shallow depressions or broad upland flats or ridgetops. They are characterized by clay soils and surface ponding of runoff and rainfall. These sensitive wetland habitats are dominated by Willow Oak with specimens of Overcup Oak and provides significant habitat for birds, amphibians, and other species of plants and animals. Hydric soils caused by saturation, ponding, and flooding also occur as inclusions within Monacan (Mo) soil types on this site. According to Soil Conservation Service, Technical Guide-Section H-A-2, June 1991, Mo (Monacan) and IrA soils are listed as Map Units with inclusions of Hydric Soils in Mecklenburg County. As depicted on the attached map the extent of the Jurisdictional Waters of the U.S. on this 261 acre site is approximately 35 acres. Y-tgetation A majority of the site is in a forested state in various stages of old field succession. The wetland areas are generally forested. Mr. Steve Lund - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 3, December 28, 1996 Bottomland Hardwood(Headwater Forest The Bottomland Hardwood and Headwater Forests on this site have developed in the flat to nearly level drainageways and depressions. Species which occur in these areas include Willow Oak (dominant species), Green Ash, Sweetgum, Red Maple, Hackberry, Shumard Oak, Ironwood, and other typical species that tolerate these wet and shallow root conditions. Common understory trees and shrubs include boxelder, bush dogwood, privet, winterberry, and alder. Woody vines include poison ivy, honeysuckle, and greenbriar. The herbaceous layer is variable based on exposure to light. Species include sedge and rush species, jewelweed, eulalia, and others Open Field This includes all non-wetland areas dominated by herbaceous plants, such as the power line right of ways and other cleared areas. These have been periodically mowed and are dominated by pasture grasses and perennial herbs including broomsedge, goldenrod, and bush clover. Other areas have been undisturbed for longer and are in transition to dominant species such as blackberry, greenbriar,'redcedar, pines, and saplings. Mixed Forest The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is characterized by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas may have a predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly pine, with eastern redcedan Hardwoods include sweetgum, red maple, beech, red oak, white oak, tulip poplar, hickory, and other common species. The subcanopy contains saplings and seedlings of canopy species. Pines are not usually found in these areas because of the low light conditions. Other subcanopy species include black cherry, American holly, dogwood, elm, and privet. Woody vines common in the understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous and woody species. Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in Wetlands: Southeast (on 2). US Department of the Interior, Fish and Wildlife Service. 5921 Mecklenburg County is entirely within the Southern Piedmont physiographic region. This is characterized by broad, gently rolling interstream areas and by steeper slopes along drainageways. The soils on this tract were identified utilizing the USDA Soils Conservation Survey for Mecklenburg County. The soils consist of : IrA - Iredell fine sandy loam, 0 to 1% slopes IrB - Iredell fine sandy loam, 1 to 8% slopes Mo - Monacan, 0 to 2% slopes Iredell fine sandy loam soils are moderately well drained except where there are flats and depressions and where a dense clay subsoil layer is close to the surface. The organic content is low, permeability is slow, the available water capacity is medium, the shrink-swell potential is very high, and runoff is slow. Seasonally the perched water table is only 1 to 2' below the surface. Mr. Steve Lund - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 4, December 28, 1996 Hydric Soils None of the soils are listed as Hydric according to the National List of Hydric Soils. 1990 however inclusions of hydric soils occur with IrA soils in depressions and level drainage ways. Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Hydrology Water Classification - C Six Mile Creek and Fiat Branch are part of the Catawba River Basin and currently classified a Class C - aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Wetland hydrology is provided by a surface runoff, overbank flooding, seeps, and springs over a clayey subsoil. Six Mile Creek and adjacent wetlands are below the headwaters. JURISDICTIONAL WATERS AND WETLAND DESCRLP77ON 1) "A" -Wetland (PFOIA) _ ± 8.63 acres 2) "B" - Wetland (PFOiA) _± 2.77 acres 3) "C" - Wetland (PFOIA) _ ± 1.89 acres 4) "D" - Wetland Areas (PFOIA) long trib. and tributary (± 1270 LF)=± 2.98 acres 5) "E" - Wetlands Along Flat Branch (PFO I A/PFOIC) _ ± 17.49 acres 6) "F" - Unnamed Tributary (bank to bank ± 830 LF ) _ ± 0.10 acres 7) "G" - Creek/Ditch-Surface Waters (+ 5,910 LF @ T wide) _ ± 0.27 acres 8) "H" - Flat Branch (± 4,800 LF) _ ± 1.00 acres Q) "I" - Six We Creek = + 0.60 acre Total Jurisdictional Waters* _ ± 35.73 acres *Approximately 2 to 2.5 acres of the above are within the proposed Rea Road Extension project area - NCDOT (77P No. U-2506). * Wetland Delineation limits confined to northfwest side of Flat Branch Results of Preliminary Discussions with USACE and the NCDWQ The headwater wetlands on this site would qualify for Nationwide Permit #26 if the standard conditions could be met. If eligible, a total of 3 acres is the maximum allowable under the recently modified Nationwide Permit #26. Proposed impacts to wetlands associated with Six Mile Creek would require an Individual Permit. The USACE will coordinate permitting with the NCDWQ, especially regarding stormwater treatment. The schematic site dated 8/29/94 (approved rezoning plan) was reviewed with the'USACE. Based on this review the USACE requested additional information including avoidance and minimization alternatives especially regarding Area "A". The USACE suggested modifications to the plan to avoid and or minimize impacts to this area and indicated that there would be less objection to impacts to Wetland Area "C" since it was degraded by attempts to drain the area. Based on a review with Mr. John Dorney of the NCDWQ there would less objection to impacts to Wetland Area "C" based on project need and other minimization and mitigation measures. The USACE also suggested along with NCDWQ that impacts to Wetland Area "D" & "E" be avoided to the extent feasible. These are the most valuable wetland areas on the site utilizing Guidance for Rating the Values of Wetlands in North Carolina - Fourth Version. The values are derived primarily from water storage, pollution removal, and bank stabilization. It was also pointed out that a stormwater treatment wet detention facility will be required for the commercial, business, office, corporate, and institutional land uses. Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 5, December 28, 1996 Summary: - Avoid impacts to Wetland Area "E" - Mnimize to Wetland Area "D" - Minimize Impacts to Wetland Area "A &B" - Provide stormwater treatment facilities for commercial, office, business, institutional land uses. - Provide required mitigation. (1:1 /NCDWQ) - Unavoidable impacts if eligible to Wetland Area "A", may require additional mitigation. - Develop alternative that avoids significant impacts to Wetland Area "A" PROPOSED IMPACTS Impacts to Jurisdictional Waters on this site have been avoided and/or minimised to the extent feasible. Impacts to wetlands are limited to the following: 1) "A" - Wetland (PFOIA) 0.00 acres 2) "B" -Wetland (PF01A) 0.12 acres 3) "C" - Wetland (PF01A) 1.89 acres 4) "D" - Wetland Areas (PF01A) along trio. and tributary (± 300 LF) = ± 0.62 acres 5) "E" - Wetlands Along Flat Branch (PFOIA/PFOIC) _ ± 00.00 acres 6) "F" - Unnamed Tributary (bank to bank ± 830 LF ) _ ± 0.10 acres 7) "G" - Creek/Ditch-Surface Waters (+ 5,910 LF @ T wide) _ ± 0.27 acres 8) "H" - Flat Branch (± 4,800 LF) _± 0.00 acres 9) "I" - Six Mile Creek = + 0.00 acres Total Jurisdictional Waters' 3.00 acres Approximately 2.0 to 2.5 acres to Area "B" and "D" will be impacted by Rea Road Extension, and the East West Circumferential (NCDOT TIP No. U-2506 & U-3307). WETLANDS PERMITTING AND MITIGATION Preliminary planning for the overall Landen Town Center project involved site analysis and consideration of environmental, economic and regulatory issues. Topography, natural features and systems, circulation, site organization, open space, development requirements, and environmental issues were considerations in designing the overall plan. Minimization and mitigation measures were developed based on discussions with the USACE and the NCDWQ. The plan and commitments made in this report reflect a positive response to the preliminary discussions, determinations, and concerns of the regulatory agencies. Except for temporary construction and development impacts, we believe that the proposed project will not cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U.S. ' Avoidance Minimization and Mitigation Due to the economic, engineering, and spatial requirements of a development of this magnitude, large contiguous areas must be graded for building pads and parking. However the following avoidance and minimisation efforts and measures have been taken: Positive response to all of the recommendations made by the NCDWQ and the USA CE. Modiffcation of the currentlgpproved overall plan and rezone entire Awjeet to avoid and/or minimize impacts to Area "A &E" Impacts are primarily limited to degraded wetland areas - Wetland Area "C" Mr. Steve Lund - USAGE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 6, December 28, 1996 Impacts to Wetland Area "B" (excluding Rea Road Extension) and "A" are avoided Impacts to Wetland Area "D (excluding Rea Road Extension) are minimized Required 1:1 mitigation and stormwater treatment facilities for all commercial, institutional office, and business land uses 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 beheld 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 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. 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 om noe satojy Mitigation A mitigation plan will be developed for a "no net loss" of wetland habitat, value, and function to the extent feasible on this site. The gad of this plan is to preserve, protect, and =and the extents of the existing wetlands to be saved by enhancing riparian habitat, and creating and restoring wetlands in the floodplain. The wetland mitigation will be conducted at a 1:1 ratio or 3.00 acres of wetland restoration or creation. A stormwater management/wetland area may be also developed into an extended stormwater wetland or a pocket wetland in conjunction with a stormwater treatment wet detention basin. Many of the areas near the floodplain that will likely be proposed to be utilized for stormwater treatment may have been wetlands in the past. The additional duration of flooding events and saturation are likely to restore a substantial portions of this area to wetlands. 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. Mitigation/Stormwater Treatment Methodology The mitigation plan will rely on increasing the frequency and duration of saturation, flooding, and ponding within the area to support or begin to restore wetland hydrology. This will be accomplished by directing stormwater to these areas. `The water will be diffused utilizing methods to diffuse discharge velocity. Then the water will be directed into and within the mitigation site by a series of natural flow paths. Others manipulated by small berms and excavations may also be required to enhance water storage. The vicinity of the wetland mitigation area has a diverse population of hydrophytic vegetation that will likely withstand the increased duration of saturation and ponding in the winter and early spring. Species include green ash, sycamore, boxelder, elm, red maple, silky dogwood, privet, and sweet gum. Mr. Steve Lund - USACE, W. John R Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 7, December 28, 1996 Herbaceous species currently include honeysuckle, poison ivy, microstegium, and others. It is expected that with increased saturation some Facultative vegetation may suffer, such as eleagnus, privet, honeysuckle, and other upland species. However it is expected that willow, green ash, alder, and other herbaceous species would succeed naturally. Additional vegetation monitoring will be conducted to determine the need for additional planting in the future to enhance the habitat values. Employment of strict erosion and sediment control procedures will be specified to avoid impacts to water quality. Existing wetlands and surface waters and buffer areas will be protected from erosion and sedimentation during construction and installation of the mitigation sites. Control structures such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. The specific plans will include: 1. Description of Proposed Mitigation Areas 2. Methods of Construction 3. Grading Plan & Storm Drainage Plan 4. Planting Plan if required 5. Monitoring Report 6. Schedule These areas will be constructed concurrently with grading operations involving permitted wetland impacts. These areas are expected to be inundated and/or saturated during the winter and early spring similar to adjacent wetland conditions. As part of the construction documents a list of specific plant species and quantities will be prepared for approval by the USACE and the NCDWQ. The mitigation site will be planted at an initial density of approximately 500 woody stems per acre planted in a random pattern to match adjacent conditions in surrounding wetland areas by utilizing a combination of relocated saplings and bare root seedlings in created areas without existing vegetation. Vegetation will be supplemented in response to specific conditions in areas of existing vegetation. This analysis will be provided to the NCDWQ and the USACE. Herbaceous species will be planted at a rate of 1000 clusters per acre or will be seeded when possible with a wetland seed mix which will result in a coverage of at least 100 stems per square meter upon germination. Survival rates of seeding versus 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 or other annual vegetation will be utilized in order to provide temporary stabilization during the summer and winter months or until planting times become available. ' During planting wetlands and surface waters will be protected from erosion and sedimentation. Control structures such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. Existing specimen trees will be saved if possible in the construction of these mitigation areas Mr. Steve Lund - USACE, Mr. John R. Dorsey, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 8, December 28, 1996 Planting of the proposed wetland areas will be selected from the following list: Scrubdhrub Alnus serrulata. Cornus amomum Salix nigra Betula nigra Ilex decidua Viburnum species Cephalanthus occidentalis Lindera benzoin Others as approved Bottomland Hardwood Diospyros virginiana Quercus species Herbaceous Frax. pennsylvanica Taxodium distichum Nyssa sylvatica Others Zone 1- Wetland areas in temporarily saturated soils or subject to occasional and brief inundation Agrostis albs (Red Top) Polygonum spp.(Smartweed) Carex species (Sedge) Juncus effusus (Soft Rush) Eleocharis spp.(Spikerush) Leersia sp. (Rice cutgrass) Zone 2 - Wetland areas prone to persistent flooding or ponding Moist to 1 Foot of Water Three Square Bulrush Sedge species Shallow Water Plants Sweet Flag Pickerel Weed Creeping Spike Rush Soft Rush Lizard Tail Others Arrow-Arum Duck Potato Others Planting shall be in naturalistic / random clumps to encourage diversity. Specific plant species, quantities, and size which will be utilized for the mitigation sites will be dependent on availability, cost, time of year in which planting occurs. Existing wetlands and surface waters and buffer areas will be protected from erosion and sedimentation during construction and installation of the mitigation sites. Control structures such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. Future impacts to wetlands that are created and preserved will be protected by the applicant or by a group designated by the applicant for this purpose. Deed restrictions and protective covenants will be. developed to protect these areas from future development. These deed restrictions will be submitted to the USACE and the NCDWQ for approval. STORMWA TER MANAGEMENT PLAN A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements. To help offset the loss of the wetlands value and reduce the potential nutrient impacts downstream the developer may propose to utilize the non-wetland floodplain and to potentially create/restore storm drainage wetlands as the primary treatment system. Properly designed storm drainage wetlands/filtration areas have been proven to be a viable solution to reduce pollution. Establishing and maintaining a natural, forested, low maintenance ecosystem will reduce the volume of runo$ and thereby reduce erosion and pollutants coming from an area of more intensive land use to a water body. Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 9, December 28, 1996 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. Stormwater Management Plan Concepts Stormwater management becomes necessary when increasing the impervious area within an existing natural area. The impact of the increased runoff and reduction of natural filtration will be analyzed with respect to the capacity and stability of natural channels and the presence of environmentally sensitive areas. The Stormwater Management Plan will include: 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 fiirther- 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 stormwater wetland. Sum - Within the area required to serve as an Extended Detention Wetland the permanent pool of water will be sized as closely as possible using the Table 1 1 in the Stormwater Best Management Practices, NCDF?RR November. 1995. - Requirement of the detention of the runoff from the 1" storm for a period of 2 to 5 dayLL - Area will include a forebay - 70% of the area required will be designed as a march with a depth of 0 - 18" with an equal distribution of area between 0" to 9" and 9" to 18". A smaU-t=Larea (15% of the required surface areal will he located - It is expected that herbaceous and scrub/shrub wetland specieswill rapidly volunteer in the area- Manv of will be selected from Table 1 1.2 in the Stormwater Best Management Practices, NCDEHNR, November, 1995 based on actual field conditions. If extended stormwater wetlands are not feasible due to space limitations, than Wet detention basins shall be the primary treatment system for stormwater runoff from paved surfaces and landscaping on commercial, office, business, and institutional parcels. The wet detention basins that will attenuate the first inch of rainfall over a 24 hour period from most of the developed portions of the site. Water will be released over a 2 to 5 day period to the wetland mitigation areas to increase filtration. Discharge velocity of the outfalls will be less than five cfs. They will utilize wetland mitigation areas to increase filtration. A littoral zone/forebay will be incorporated into the design of the ponds to encourage additional nutrient removal. The planners will utilize information and guidelines provided by the North Carolina Department of Environment, Health, and Natural Resources in developing the design of wet detention basins using the Table 1.1 in the ormwa er Best Management Practices NCDEHNR- November, 1995 Mr. Steve Lund - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 10, December 28, 1996 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: v cgerarron raramerers Species Composition and Abundance Survival Growth Monitoring of vegetation will be conducted on a semi-annual basis for five years according to the following general procedures. 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. E. 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 USACE . 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 famished to the USACE and NCDEM for review and discussion regarding compliance of the project with conditions of the permit. Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 11, December 28, 1996 Success 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. 9chedule 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 of January-March and spring for herbaceous materials. A more specific schedule for construction will be submitted to the USACE and the NCDWQ in the future. PROTECTION FROMFUTUREDEVELOPMENT 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 unless approved by regulatory agencies, 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. Mr. Steve Lund - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 12, December 28, 1996 THREATENED AN 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 successional fields, margins, and forested openings. Portions of the site are currently in old field succession and secondary succession. Based on soil types, and comments in the Environmental Assessment for Rea Road Extension (SR 3624) - TIP No. U-2506, which bisects the project area, this site may be conducive to the,presence of Schweinitz's sunflower. The site will be surveyed by a biological consultant such as Dr. Jim Matthews and/or John T. Soule of HARP. 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 not expected to occur on this site. The USFWS was contacted on December 28, 1996 as required. Comments will be forwarded to the USACE upon receipt. 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 1.5' 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. CULTURAL RESOURCES The project site is disturbed from clearcutding, grading, and agricultural activities and is in early succession with pockets of forested areas in wetlands. There are no indications of any existing structures on the project site or adjacent areas. According to the Environmental Assessment for Rea Road Extension (SR 3624) - TIP No. U-2506, which bisects the project area - "no properties were listed on the National Register' within the study area. In addition, no properties considered potentially eligible for the National Register are known to exist in the immediate vicinity of the proposed project. The Weddington Historic District, which is included on the State Study List of properties considered potentially eligible for inclusion in the National Register, is located at the intersection of NC 84 and NC 16, approximately 0.5 miles north of the project's southern terminus at NC 16." The SHPO was contacted on December 28 as required. Comments will be forwarded to the USACE upon receipt. AQUATIC HABITAT The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Six Mile Creek. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects, mollusks, and crustaceans. Mr. Steve Lund - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ Water Quality Planning Request for NWP 26 Page 13, December 28, 1996 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 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. CONCLUSION The 261 acre development will provide important economic benefits to the region. 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 intense development by restoring and 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. Sincerely, eonard S. Rindner, PWS Environmental Planning Consultant NC Landscape Architect 9578 cc: Mr. Bill Gartland The Crosland Land Company 125 Scaleybark Road Charlotte, NC 28209 1-704-561-5221 4, r• N' /-• 1 .. 51 afl e e ? ? t NNU?v ?D V ur ?• I tl G II j- r100SE SCHOOL 16 ARK ? F ILlT7?f ai. y? i q P l eA""° r J T va - v aaaoa i - tr >.avv.a c . ' 7 Rol :s . r' t? S• '? 4 •l?tr _ gahr i. .._ _ r ?? a??trs A u ? • > d! p r ' CHANLAS•rt tLA N ?- u p - Q 4 or 9( 4 R tr Ax g _ «• a...? , r ??• `? mid 1 ??a>i {A •1 INV 4t 7 or t of :` S ° q - _ u a cmeta a t p _ 4 VIA I ib s r• ; j 28 7 of r?:. y a'Dc •K+A ' • _ .. " - q3. ? a ? ?!zT s- ? s'6'r"?.ri? 'ra a ? 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WI .r ?• ell a' W Z` ?: ` ?y °' a r J LU IL W a ?¦l Sri! s • • R.t / I ?? w Al jib 1 21 40, Q a vA ?, K:l.w5 Jir ?` ?,1?? ?ljl?y / Ir ''? r. ?1 a ?W.?,}?i. . LUL -lIQ•ZWA.r •? _ • ,?''.?r `/4^ y? % ?M•` - .J??.I i1 .. IwLu 3 3 co ": ?'` V I¦ ¦ Y¦ ¦ Q W W Q Q . C 0 J JV? \N4-6,4 I ? ee d ?s C O O 'O d ? w e? s .? ddb IS 3 a °b w a ... ¦ U Q W , Q Z Q ? J ? r ¦ ¦ ¦ 4 W Q 0 Z Q J 410 stir 0a, GJ . IM t? Y ' Q i Z Q J a W N E- Q W I U N 00 00 00 C> o o y d' 0 U c2o 1 U-? ? ; cd ? v ,v V ? i 00 00 WETLAND RATING WORKSHEET Fourth Version Project name rcl?/? C Nearest road '-'??? County Wetland area: acres Wetland width zoo' '-feet Name of evaluator Date-1.- ? ............... .. "/i -9r ??sf i Wetland location 4 ce Adjacent land use ., (within 1/2 mile upstream, upslope, on pond or Ise 'Q or radius) ? on perenni,al stream 6, tad/natural vegetation f6r on iz?terrn?ttant st3 ean? on. , ? a,griculture, urban/sir urban thin irate steam divide ? impe vious surface ? OLl1??' ?3 Do t'//" veg M0a cry?? ,? ;% ? Y Soil series l'. . Ii t... (2) predominan-'y organic _ humus, ? 1101 if 116, 4 mL,c111. or peat ( - D-?redom'nan-!y m?nera non-sandy _ -- ? ? predominantly sandy wetriess Flooding and ? sernipermanentfy to ` permane-t'y rlooded or inundated Hydraulic factors ? season0y' flooded or indndatec l? t?pO'?: clpl?y C Qa ??inteFmittantiy flooded or te; r-porary :. ' `cec or c annelizec ' Y o s?irface vrater ? no evidence of igoding or su-ace yie t[anc w dtn >100 feet) [ t ta Aa.....id'i.?Ywsw....(_.._An 2"Y:afi..aff5,. week: w.v:.`?' .w"TCv1sFM"4. +rSC. .:.??vh"•yc .Wm? Y? 41.t.rxiio`k"`nZY o-wwa?Ekwvttaw ?litr/iiiiirlrriirirJlirir/!!/rirririiiiiiwrlrriirrr.?iri?ri;JiiiJi//liii.:rli?irii,:?ilrliririiiliilrrriiJliiuiJiii::•iilifriJiilJllir.: Wetland type (select one)* ? grate mland hardwood forest ? Pine savanna ? Freshwater marsh Headwater forest ? Swamp forest ? Bog/fen ? Wet flat ? Ephemeral wetland ? Pocosin ? Carolina Bay ? Bog forest ? Other *The rating system cannot be applied to salt or brackish marshes or stream channels u weight p Water storage w x 4.00 5 - Z" Q 4 00 J Wetland Score Bank/Shore!ine stabilization . x = Pollutant removal x 5.00 = - -, Wildlife habitat ?- x 2.00 = Aquatic life valueL x 4.00 = ?! 5 uV Recreation/Education - x 1.00 = G * Add 1 point if in sensitive watershed and. > 10% nonp oint disturbance within 1 /2 mile upstream, upslope, or radius 57 Fourth v?tsion WETLAND RATING WORKSHEET Project name Ler 4-r Nearest road=1 County Wetland area :L L 8 acres Wetland width '24k=' ' feet Name of evaluator 121 -r? firer- lute j01 rr, ?Adiacen.t;Jand use Wetland location i/2 mile upstream, upslope, ? on pond or lake or radius} on perenni'.al stream 3 12? intermittaiit stream F] forested/natural ve e anon ? agriculture} urban/sur)urlsan Q 1? Within inter-strearn divicle ? impervious surface f'? cG L Q other Dominant vegeta- 9'n j r ?t..f T? J L,.rC.r?'^t?.?'{/'r? t• ? ?? 3 Soil series `2) t ? precominantly organ€c humus ?? ". "muck, or peat predominantly mineral - non-sandy ? predominantly sandy Flooding and wetness ? sem;permanently to germane t;y Hvdrauli factors flooded dr rnundated ? seasona€ly flooded or inundated' ? sleep to-pocraphy 0--intermittantly flooded or te:r. 1orary etched or chant Eekzed surface rat r L?J tctal wetland ?i&h >100 feet no evidence of flooding or surface 21 s.rrrrrirrrirrrrrrirrr?rirr?riirrrrrriirrirrr?rr. riiiriiirr}rii?rrrriri,-!r?rii.,vrir}irriii/iii}iriirirriiririrrririr?iirrriirrrriiiirJiiii-? Wetland type (select one)* ?`Bottomland hardwood forest ? Pine savanna ? Headwater forest ? Freshwater marsh ? Swamp forest ? Bog/fen x' ? Wet flat ? Ephemeral wetland ? Pocosin ? Carolina Bay ? Bog forest ? Other *The rating svstem cannot be applied to salt or brackish marshes or stream channels R weight I(? Water storage j % x 4.00 = _ Wetland Score Q Bank/Shoreline stabilization x 4.00trl3 Pollutant removal" ? * x 5.00 - % Wildlife habitat :7J x 2.00 = { `g Aquatic life value x 4.00 = - r Recreation/Education x 1.00 x- G * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius J.rlJlrr!!!l!///Jr!//.`!/;rlr/rf/JJrrrrJrJr.r.rlr/!/r////r//////r/:.,!!/r!r!./r///rrrJ!////ri//!//!/////r///rr.-!//r///!r///////r///i:J,?/r/////r/ . 57 ell WETLAND RATING WORKSHEET Fourth Version Nearest road.? Project name County V1?et1an4 area - ?00 acres Wetland width_/0o feet 101 Name of evaluator ME, Weiland location= ?...: ' t , Adjacent land use Wetland wit iin 112: mile a stream, npslope, ? p -pond or lake or radius) perennial strearnt ? forested/natural vage'atian o on interrni Ltant stream ? ,,, ithin inrerstream divide ? ac ricufture, urban /sub urban ? impervious surface SY Ala ? other -90 U. ? x Dominant kvegetatlo` Y¢ Soil series redeminant'y organEc humus, / f ',,Zack, OF peat ? reC[Omirlan}ly mineral - non-sandy ? predominantly san y Flooding and wets ss ? sem}ipermanentty to permane^t y ydraalic factors ooded or inundate'd' ?'`seasonaRy flooded or [hundat ? steep topocraph / i intermittantly floo' ed or ter porary' L1 d<?Gi?ec cr clanr?°f?7ea surface grater t tal wetland v^ idth >100 feet ? no evidence or flroadinc o s F ce 4r3 yam``' 1Rlat2rR?' IM M .....s... <: aa.,¢.'.?.. .Sd?,p"..z... a.Znr.,c?i +.u'a ... .t >.. .a` ..<..a iL 02 Wetland type (select one)* R ? tomland hardwood forest ? Pine savanna Headwater forest ? Freshwater marsh ? Swamp forest ? Bog/fen ? Wet flat ? Ephemeral wetland ? Pocosin ? Carolina Bay ? Bog forest ? Other u *The rating svstem cannot be applied to salt or brackish marshes or stream channels j///f////////////////f!///i///!!!ff///////f.•!////fl/!f/f/////!//fJf/f/////J///f///J//////!/!fJ!/J//fJ/J/l/////J//J//J!/lJ!!f/J/JJ!!/!!J/////JJ! _ weight I R Water storage x 4.00 = Wetland Score /r=d Bank/Shoreline stabilization ?L x 4.00 = y ?r Pollutant removal x 5.00 = ' r. r r - ' Wildlife habitat x 2.00 - r r r r J Aquatic life value x 4.00 = r Recreation/Education x 1.00 = r * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius .IJJJJJ,-!!lIJJJJJIJ?JIJ,-JIJJJ!!J!!J!JlIJJJ.IJJJJIJJJIJ!lIJJJJ!!!JJ!!J!!!!!!!!J!!JJ!lJJIJJ!!!J!J!!!.-J!!!!!lJIJJJIJJJIJJJ!!!lIJJ,JJ!!!J!J!J!!i 57 z WETLAND RATING, WORKSHEET Fourth ',lesion Y ?? . 01; 1 Project name ??" t o°?ir'? ''? Nearest road'. County Wetland area ?-o acres Wetland width V.-111-e< feet Name of evaluator_ ---Iz Plin - ," er- to w ? . Adjacent land use Wetland location: V ?. { --? twit iin 1/2 mile ugstrean? , ?pslope, on pond o lake or radius} 0-n perennial stream on iriteirnittant strezIIZ forestedlraural?eget?an ?wichin interstre,tii? dicicl agriculture, urE?at suburi?art o t/, other impervious surface `? of Dominant vegetatzn' g f, s y 0 oil N Soil series 11 P-1 ar s OWN ? L .F? Y x y,fs aFS "qZi, . predominantly organic - humus, muck-, or peat U--Pr domr,antiy miner-al - non-sand ',-/ ?I prEdomiriantly sandy Flooding and wetness x semlperrianernly to germane^tly Hydraulic factors -flooded or inundate 13''seasonally flooded or inundated F-1 sTe-p topog-aphy irZte,mittant[y flooded or tetr:porary 41 suP ace wave mss., F-1 dr.ched' or chann61zed no evidence of fi€ oging or su,, ace r-.4 tota` `wet'ara^aidth 21 00 fe I -et i Wetland type (select one)* ^? A ? B ttomland hardwood forest ? Pine savanna Headwater forest ? Freshwater marsh i ? Swamp forest ? Bog/fen z ? Wet flat ? Ephemeral wetland ? Pocosin ? Carolina Bay ? Bog forest - ? Other 'The rating system cannot be applied to salt or brackish marshes or stream channels weight ' Water storage x 4.00 = - S ? Wetland Score 6,1 Bank/Shoreline stabilization' x 4.00 = Pollutant removal J * x 5.00 Wildlife habitat x 2.00 = Aquatic life value x 4.00 = i p Uv Recreation/Education Z4 x 1.00 = ?= * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1/2 mile upstream, upslope, or radius ; 57 LEONARD S_ . MNER Environmental Planning Consultant 7113 Hickory Nut Drive Landscape Architecture Raleigh, NC 27613 Land Planning (919) 870-9191 December 26, 1996 Ms. Renee Gledhill-Earley - Environmental Review Coordinator NC Dept. of Cultural Resources State Historic Preservation Office 109 East Jones Street Raleigh, NC 27601 Re: Landen Town .enter - ± 250 Acre SitpeCharlotte. Mecklenburg unty, North Carolina Dear Ms. Gledhill-Earley: On behalf of my client, Mr. Mr. Bill Gartland of the Crosland Land Company, Charlotte, North Carolina, I am notifying the State Historic Preservation Office regarding the presence of historic site or archaeological sites that may be affected by the project my client plans to develop. In the future we intend to apply for Section 404 Nationwide Permits. The project site disturbed from clearcuttiing, grading, and agricultural activities and is in early succession with pockets of forested areas in wetlands. There are no indications of any existing structures on the project site or adjacent areas. I have included for your use a copy of the portion of the USGS Quad Map, soils map created from the SCS Soil Survey for your information. According to the Environmental Assessment for Rea Road Extension (SR 3624) - TIP No. U-2506, which bisects the project area - "no properties were listed on the National Register within the study area. In addition, no properties considered potentially eligible for the National Register are known to exist in the immediate vicinity of the proposed project. The Weddington Historic District, which is included on the State Study List of properties considered potentially eligible for inclusion in the National Register, is located at the intersection of NC 84 and NC 16, approximately 0.5 mites north of the project's southern terminus at NC 16." We look forward to your response and please contact me if you have any questions or need additional information. Thank you for your assistance. Edetia T-Rindner, PWS Environmental Planning Consultant NC Landscape Architect #578 cc: Mr. Bill Gartland The Crosland Land Company 125 Scaleybark Road Charlotte, NC 28209 1-704-561-5221 • LEONARD S. R ND R Environmental Planning Consultant . 7113 Hickory Nut Drive Landscape Architecture Raleigh, NC 27613 Land Planning (919) 870-9191 December 26, 1996 Mr. Brian P. Cole US Fish and Wildlife Service 160 Zillicoa Street Asheville, NC 28801 Re: L anden TownCenter - ± 350 Acre i e Charlnttp Mecklenburg County North Carolina Dear Sirs: On behalf of my client, Mr. Mr. Bill Gartland of the Crosland Land Company, Charlotte, North Carolina, I am notifying the US Fish and Wildlife Service regarding the presence of endangered species which may be affected by the proposed development. Due to site development requirements, it will be necessary in the near future to apply for Section 404 Nationwide Permits. Portions of the site are currently in old field succession and secondary succession. Mature hardwoods occur in perched wetland areas and along. Based on soil types, and comments in the Environmental Assessment for Rea Road Extension (SR 3624) - TIP No. U-2506, which bisects the project area, this site may be conducive to the presence of Schweinitz's sunflower. I have included for your use a copy of the portion of the USGS Quad Map, and a soils map created from the SCS Soil Survey for your review. The site will be suE=d by a biological consultant such as Dr. Jim Matthews and/or John T Soule of ARP I look forward to your response and please contact me if you have any questions about the site based on my evaluation or need additional information. I am also requesting written confirmation if you concur with the survey findings so I may include it with our permit application in the future. Thank you fR your assistance S' er eonard . Rindner, P S Environmental Planning Consultant NC Landscape Architect #578 cc. Mr. Bill Gartland The Crosland Land Company 125 Scaleybark Road Charlotte, NC 28209 1-704561-5221 11.04:96 11:01 FAX 17045275181 CROSLAND LAND A , It Regulatory Branch Action ID No. 199500574 DEPARTMENT OF THE ARMY WRA NGTON DISTRICT. CORPS OF E ONEERS P.O. BOX 1890 WILMINGTON, NORTH cAROumm4w-1890 February 21, 1995 The Crosland Group, Incorporated 125 Scaleybark Road charlotte, North Carolina 28209 Dear Sir: Reference is made to the survey plat of September 12, 1994 P-retitled "Wetlands Survey of Landen Wetlands, Crosland Land Company, Providence Township, Mecklenburg County". This survey plat accurately reflects the limits of wetlands on the portion of the property that lies north and west of Flat Branch and excludes Parcel 13. Unless there is a change in the law or our published regulations, this determination of the limits of wetlands may be relied upon for a period not to.exceed 5 years from the date of the survey plat. For this certification to remain valid, the two survey monuments established at the site (GPS CR41 and GPS CROV must remain undisturbed. Pursuant to Section 404 of the Clean Water Act, prior Department of the Army approval is required for the discharge of dredged or fill material in waters of the United States, including wetlands. If you have questions, please contact Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 271-4857. Sincerely, e Wrig 'e Regula ry Branch Copy Furnished: Mr. Jim Eisenhardt ximley-Horn & Associates Post Office Sox 33066 Raleigh, North Carolina 27636-3068 FEE 2 4 "ygS By R+mW an 0 Rege?e0 PWW MEMORANDUM PRINT NAMES: Reviewer: TO: JOHN DORNEY WQ SUPV.: ENVIRONMENTAL SCIENCES BRANCH DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS *EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ** PERMIT YR: 96 PERMIT NO: 0001184 COUNTY: MECKLENBURG APPLICANT NAME: LANDEN TOWN CENTER CROSLAND LAND CO PROJECT TYPE: COMMERCIAL FILL PERMIT TYPE: NW26 COE #: DOT #: RCD_FROM _CDA: APP DATE_FRM_CDA: 12/31/96 REG OFFICE: MRO DIVER AND SUB BASIN J: 030838 STREAM CLASS: C WL IMPACT?: Y/N WL REQUESTED: WL SCORE M : MITIGATION?: Y/N MITIGATION-SIZE: STR INDEX N0: 11-138-3-2 WL TYPE: WL ACR EST?: Y/N WATER IMPACTED BY FILL?: Y/N MITIGATION TYPE: DID YOU REQUEST MORE INFO?: Y/N IS WETLAND RATING SHEET ATTACHED?: Y/N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY COMMENTS: Regional Office Central Files LEONARD S. RINDNER Environmental Planning Consultant 7113 Hickory Nut Drive Landscape Architecture Raleigh, NC 27613 Land Planning (919) 870-9191 December 31, 1996 Mr. Steve Lund US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 143 Asheville, NC 28801 - 5006 Mr. John R. Dorney Deivision of Water Quality - NCDEHNR Environmental Science Laboratories 4401 Reedy Creek Road 6 Raleigh, NC 27607 Mr. Mike Parker NCDEHNR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Re: Landen TownCenter - ± 261 Acre Site, Charlotte. Mecklenburg County. North Carolina - Nationwide Permit #26 Dear Sirs: On behalf of my client, Mr. Bill Gartland of Crosland Land Company, I am pleased to provide you with the following information concerning the development plans for your consideration and approval under Nationwide Permits #26. The project site is located in Mecklenburg County. The proposed project is planned mixed use development. Please let me know if you have any questions. SinXeonard rldner,PWS Environmental Planning Consultant cc. Mr. Bill Gartland Crosland Land Company 141 Scaleybark Road Charlotte, NC 28209 if 1!? J- r? L'w 1.2 rr a . a Poyvv-, Aelci? -- /l /) r - Alm -- ? i 7< 2 MV z A A-,-- St kCvr-? Y /0 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. Bill Gartland, V. President The Crosland Land Co. 141 Scaleybark Road Charlotte, NC 28209 Dear Mr. Gartland: A ?? ED EHNF1 January 21, 1997 Mecklenburg County DWQ Project # 961184 ADDITIONAL CONDITIONS You have our approval to place fill material in 3.00 acres of wetlands or waters for the purpose of constructing a commercial development at Landen Towne Center, as you described in your application dated 31 December 1996. 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. Written DWQ approval for the stormwater management and wetland mitigation plan is required before wetland filling occurs. These plans shall be sent to DWQ for approval by 1 May 1997. A deed restriction or conservation easement shall be placed on all remaining wetlands to prevent future fill. 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. 276 1 1-7447. 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 Dorney at 919-733-1786. Sincerely, UJA e ton Howard, Jr. P.E Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office "Mr: John Dorrcey . Central Files Len Rindner 961184.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/101/16 post consumer paper