19991173 Ver 1_Mitigation Information_20091105

Hill, Tammy
From: Steve Hoots [[e-mail]]
Sent: Thursday, November 05, 2009 1:09 PM
To: Hill, Tammy
Subject: DWQ 19991173
Attachments: DOC 110409. pdf
Per my first email, here are the other documents relating to the project.
-----Original Message-----
From: Steve Hoots
Sent: Wednesday, November 04, 2009 4:37 PM
To: [e-mail]
Cc: David Haggart
Subject: FW: Scanned from MFP-04436528 11/04/2009 17:32
These are the other documents including a letter from Blane Rice accepting the easements.
-----Original Message-----
From: Construction Toshiba Copier
[mailto:[e-mail]]
Sent: Wednesday, November 04, 2009 4:33 PM
To: Steve Hoots
Subject: Scanned from MFP-04436528 11/04/2009 17:32
Scanned from MFP-04436528.
Date: 11/04/2009 17:32
Pages:l8
Resolution:300x300 DPI
----------------------------------------
PDF from Toshiba Copier 1WC Construction area
1
. JUL 19 '00 02:24PM ROB. BRAD. HIN.
P. 22
Noe' NORTH CAROLINA DEPARTmrNr OF
ENVIRONMENT AND N"URA,1.. REsotincEs
DIVISION OF WATER QUAI-ITY
July 19, 2000
Williarn W. Toole
Robinson, Bradshaw and )rlinson, P.A.
101 North Tryon Street
Suite 1900
Charlotte, NC 28246
Dcar Mr. Toole.
Re: Donation of Conservation Easements
COE Action ED #: 199931212; DWQ #: 991173; Mecklenburg County
I have reviewed the two proposals you submitted on behalf of your clients,
the Cato Family Real Estatc Limited Partnership and the WCF Limited
Partnership, to donate conservation easements totaling 26.7 aches in South
Mecklenburg County to the North Carolina Wetlands Restoration Program
(NOW"). The proposals meet all of the requirements for donating conservation
easements to the WRp including the lamp sum payment of 520,000 for
maintenance and management of these easements. Based on this finding, the
NCWRP will recommend to the NC Department of Environment and Natural
Resources (NCDENR) and the North Carolina Council of State that these
easement donations be accepted.
Please advise .your clients that NCWRP acceptance of the proposed
conservation easements is contingent upon approval by the Council of State. I
will notify you, when the donations have been accepted by the Council of State. If
you have any questions concerning this matter, I can be reached at (919) 733-
5219.
Sincerely,
Ronald E. Fe ll
Program Manager
Wetlands Restoration Program
cc: Brooke Lamson
Steve Chapin
Rob Ridings

WeTLANDb RramitATION PROGRAM
7619 Mwla. SCMVICq CFNTfiq, R-LCIOq, NC !76109.1619
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Department of Administration
Stale Property Office
Joseph H. Henderson, Director
August 24, 2000
Robinson, Bradshaw
Ms. Laura Peres
101 North Tryon Stri
Charlotte, NC 2824(
Dear Ms. Peres:
Per our telephone c,
Easements to be cor
Accordingly, please
subsequently record
Upon proper execu
further handling. Al
then prepare and for
Should you have at
advance for your set
Respectfully yours,
(lv- . -.:
Blane Rice
Real Property AS
State Property 01
BR/sf
Mailing Address:
1321 Mail Service Ccwor
Raleigh, N.C. 27699-1321
Hinson] P.A
Suite TO
rersation of today, we have reviewed and approved the proposed Conservation
yed by CF Limited Partnership and the Cato Family Real Estate Trust.
oceed to have both instruments properly executed by the respective grantors and
with the Mecklenburg County Register of Deeds.
i and recordation of both instruments, please forward same to this office for
please have the abstracting attorney update the title to the time of closing and
rd the Final Certificates of Title.
questions please contact me and I will be happy to assist you. Thank you in
;es in this matter.
Telephone [phone]
Fax [phone]
Stale Courier 1152-71-78
Location:
116 West Jones Street
Raleigh. North Carolina
An Cryual Opportunity / AlramnG-e AC'riou Employer
Wcb: http'Uepo.dou.uale.nc.ua
'' ?? ?• DEPARTMENT OF THE ARMY
\\ WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 7, 2000
Regulatory Division
Action ID. 199931212
Mr. David Haggart
Childress Klein Properties, Inc.
One First Union Center, Suite 2800
301 South College Street
Charlotte, North Carolina 28202
Dear Mr. Haggart:
In accordance with your written request of September 10, 1999, and the ensuing
administrative record, enclosed is a Department of the Army (DA) permit to culvert and fill
approximately 2,240 linear feet of headwater stream channel and approximately 1.24 acres of
headwater wetlands for the purpose of commercial development on a 52 acre tract at the
intersection of Providence Road and 1-485, in Charlotte, Mecklenburg County, North Carolina.

If any change in the authorized work is required because of unforeseen or altered conditions
or for any other reason, the plans revised to show the change must be sent promptly to this office.
Such action is necessary, as revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2003.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.
-2-
Should you have any questions, please contact Mr. Jeff Richter, Wilmington Regulatory Field
Office, telephone [phone].
Sincerely,
ames W. DeLony
Colonel, U.S. Army
District Engineer
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions
and plans:
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. William L. Cox, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
DEPARTMENT OF THE ARMY PERMIT
Permittee Childress Klein Properties, Inc.
Permit No. 199931212 li .
Issuing Office CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: to culvert and fill approximately 2,240 linear feet of headwater stream channel
and approximately 1.24 acres of headwater wetlands for the purpose of commercial development on
a 52-acre tract
Project Location: Charlotte, Mecklenburg County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2003 If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one
month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
4. If you sell the property associated with this permit, you trust obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. I£a conditioned water quality certification has been issued for your project. you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the infonnation you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above),
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5, The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209,170) accomplish the corrective measures by contract or otherwise and bill you for the
cost,
6. Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
?%ul-Gt- ice P??sI ?f G? o
(PERMITTEE) CHILDRESS LEIN PROPERTIES, INC. (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
164
(DISTRICT ENGINEER) JAMES W. DELONY, COLONEL ATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance-with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
JUL 18 '00 05:34PM
SPECIAL CONDInONS
P.5/6
1. All work authorized by this permit must be performed in strict compliance with the attached
Plane, which are a part of this permit,
2. Before any work begins, thoppmmittee and his contractor will meet onsite with a representadve
of the U.S. Army Corps of Engineers to review then project plans.
3. The permittee will mainuein the authorized work in good condition and in coalfbrmance with
the terms and condition oaf this permit. The pertnittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
4. The activity will be conducted in such a manner as to prevent a sigoitieaat Increase in turbidity
outside the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters, by the
North Catana Division of Ravironmental Management (NCDEM), 25 NTVs or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
5. If the permittee discovers any previously unknown historia or archeological remains while
accomplishing the authorised work, he will immediately notify the Wilmington District Fxginear
who will initiate the required State/Federal coordination.
6. This Department of the Army penult does not obviate the need to obtain other Federal, State
or local authorizations required by law.
7. Thirty days prior to commencing land disturbing activity, a Sedimentation/Erosion Control
Plan will be filed with the Division of Land Resources, Load Quality Section, North Carolina
Department of Natural Resources and Community Development.
The Plan must:
a. Include a sealed plat plan of the site, showing the a$toted areas as well as adjacent
properties, which may be afteted. Include contours, if available.
b. Indicate critical areas such as wetlands, creek-% streams, drainways, marsh etc.
c. Include a brief narrative describing the activities to be undertaken and a construction
scbedulc.
d Indicate on the PW the measures to be utilized to prevent seditnew from entering
adjacent properties„ such ar location of silt fences, silt basins, diversion ditches, hay bartien, areas
to be seeded, etc.
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e, Include Lay other pertinent infbrmation directed at controlling off-situ sedimentation,
slope degradstlon and erosion.
P.6/6
Note' The Plan is required whenever the proposed activity is to be undertaken on a tract
comprising more that one acre, if more than one contiguous acre is to be uncovered.
8. The project will be constructed in accordance with the conditions outlined In the March 13,
2000 North Carolina Department of Environment and Natural Resources' Water Quality
Certification Project Number 991173.
9, Wetland and stream channel mitigation requirements:
The compensatory mitigation proposal involves the creation of approximately 1.24 carts of
wetlands, preservation of 1$ acres of swamp forest and upland buflbra (part of the Providence
Flats ecosystem identified by the state Natural Heritage Program), and 1,580 linear foot of
restoration/enhancement of a degraded scream channel just downstream ftm the project site.
The wetland creation and stream restorationient=ement for the project will be
accomplished in accordance with the following 2 documents: "Wedwid KtiVion Design"
dated February 23, 2000 and "Stream Assessment and Restoration plan dated February 14, 2000,
Both of these plans were developed for the project by Mr. Leonard S. Rinder and
M. Randall D. Forsythe of Habitat Assessment and Restoration Program, Incurpomud. The
constructed wetlands shall be inundated or saturated far a period of no less than 12.5% ofthe
growing season in order to satisf? the hydrology requirement in the Corps of Engineers 1987
Manual For Delineating Wetlands.
The petmittee, within 6 months of the issuance of the perrnit, shall cause a preservation
mechanism acceptable to the Corps to be recorded with the Register of Deeds of Mecklenburg
County star the 18, acre preservation, wetland tr=tlon and stream/restoration mitigation site's.
The mitigation work is to be done concurrently with the permittod work on the proposed
development. In addition, as stated in the submitted mitigation plans, the mitigation work will be
monitored for a period of 5 years. Biannual reports will be submitted to this of5ce fbr the first 3
years of the mitigation and annual reports will be submitted for the final 2 years. The reports will
outline in sufficient detail the success of the mitigation.
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Childress Klein Properties
Date : September 10. 1999
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Charlotte, Mecklenburg County, NC
Childress Klein Properties
Date : September 10, 1999
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NOTIFICATION OF ADMINISTI1v1T 'E APPEAL'OP:TIONS AND PROCESS.AND
RE EST FOR APPEAL
Applicant: Childress Klein Properties File Number: 199931212 Date:
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION' I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit,
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineeriwithin 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer, This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept'an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION'II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT'
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR`QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
ate: Telephone number:
Signature of appellant or agent.
z
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490