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HomeMy WebLinkAbout20081213 Ver 3_401 Application_20100510 D 8-Ia13 05 IKEA Boulevard SPAI1? South Tract to Stream Restoration Charlotte, Mecklenburg County North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMIT #27 PCN Prepared For Mr. Eric Jaegers Crescent Resources, LLC 400 S. Tryon Street 13th Floor Charlotte, NC 28285-0107 Direct Phone - (980) 321-6181 Fax - (980) 321-6170 Prepared By Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 904-2277 IR @ R? 0 WO 0 MAY I B 2010 DENR • YYA7ER QUALITY wETLArros A NO sroRAt?t ?wwcH May 15, 2010 O?oF W ATF9QG 1 1 > ? t)8- tA?3 03 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information VAJ yMARY 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: IKEA Boulevard Belgate Commercial Project 2b. County: Mecklenburg County 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: Belgate - South Tract 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 23631-865 3c. Responsible Party (for LLC if applicable): CRESCENT RESOURCES INC 400 S. TRYON ST SUITE 1300 CHARLOTTE, NC 28285-0107 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: MR. Eric Jaegers 4c. Business name (if applicable): CRESCENT RESOURCES INC 4d. Street address: 400 S. TRYON ST SUITE 1300 4e. City, state, zip: CHARLOTTE, NC 28285-0107 Charlotte, NC 28269 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Leonard S. Rindner 5b. Business name (if applicable): Leonard S. Rindner, PLLC 5c. Street address: 3714 Spokeshave Lane 5d. City, state, zip: Matthews, NC 28105 5e. Telephone no.: 704-904-2277 5f. Fax no.: 5g. Email address: Irindner@carolina.rr.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 04723108 1 b. Site coordinates (in decimal degrees): Latitude: 35.2875 Longitude: - 80.7651 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 38.59 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT of Doby's Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Existing disturbed construction site, early succession vegetative cover; future multi-family and commercial development. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately .25 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 1,000 linear feet 3d. Explain the purpose of the proposed project: Stream restoration upstream of existing road crossing 3e. Describe the overall project in detail, including the type of equipment to be used: Development of building pads, parking lots, road crossing, and support facilities including stormwater management facilities. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown project (including all prior phases) in the past? Comments: Action Id. 2008-02365-360 4b. If the Corps made the jurisdictional determination, what type ? Preliminary Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Leonard S. Rindner, PLLC Name (if known): Leonard S. Rindner Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. August 27, 2008 by the USACE - Steve Chapin - USACE Asheville Office 5. Project History 5a. Have permits or certifications been requested or obtained for ®Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Action Id. 2008-0235-360; DWQ 08-1213; 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary (T) W1 ? P ®T restoration PSS1A ? Yes ® No ® Corps ® DWQ .05 W2 ? P ® T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - or (PER) (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ®T NWP #27 restoration ® PER ? INT ® Corps ®put/Q 4' +/- 125 LF S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts +/- 125 LF 3i. Comments: Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? 131 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The disturbed stream and wetland area was discovered when debris and dense vegetation were removed from a disturbed area under a powerline. Increased runoff as a result of clearing on the adjacent property prior to a major precipitation event created a erosion control and debris area to form at the head of the recently installed culvert creating an unstable condition. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The proposed plans have been planned and coordinated with Alan Johnson of NCDENR Mooresville. Plans include placement of 4 to 6 rock crossvanes. The banks and wetland area will be stabilized with planting and placement of coir fiber wattles to dissipate energy from overland flow. See attached plans and specifications 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: A stormwater plan is required for the development associated with DWQ # 08-1213 and approved by NCDENR. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ® DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Charlotte ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No A 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8of11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project uses existing road network and infrastructure. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project will connect to existing Charlotte Mecklenburg Utilities Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ? No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? A h ill ev s e 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Site was evaluated during the wetland delineation process for the presence of Schweinitz's Sunflower. The site is heavily disturbed in conjunction with previous development. Invasive grasses and grasses planted to stabize construction sites such as Lespedeza sericea, vines, and and shrub species dominated the lower vegetative strata. Ecotonal edges along roads and clearings were inspected to determine if Schweinitz's sunflower was present. Project site is not in a watershed that has been identified as habitat for the Carolina heelsplitter. Based on a field evaluation Schweinitz's sunflower or it's habitat was determined not to be present. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://www.nmfs.noaa.gov/habitat/habitatprotection/efh/G IS_inven. htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? According to the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, this site is not registered property or property listed as being eligible for inclusion in the Register. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determinatio Mecklenburg County GIS; Owner/engineer provided information Leonard S. Rindner 5-15-10 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agen ' si ture is valid only if an authorization letter from the applicant is rovided. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version LEONARD S. RINDNER. PLLC Environmental Planning Consultant 3714 Spokeshave Lane Professional Weiland Scientist Matthews, NC 28105 Land Planning Tele: (704) 904-2277 Fax (704) 847-0185 May 3, 2010 Mr. Eric Jaegers Crescent Resources, LLC 400 S. Tryon St. Suite 1300 Charlotte, NC 28285 Direct: (980) 321-6181 RE: IKEA Boulevard Stream Restoration on South 'Tract, Charlotte, Mecklenburg County, NC Dear Eric: In order to interface with the United States Anny Corps of Engineers and the North Carolina Department of Natural Resources I will need your authorization. Please sign the following statement: This letter authorizes Leonard S. Rinditer, PWS as our firm's agent in matters related to Waters of the U.S. and Waters of North Carolina far lire re_lerenced prnject site. This include 'nterfacing with the United States Arnsy Corps of Engineers and the North C' a D? ?rrt a Natural Resources. Name Date Please e( cl me if' you have any questions or require additional explanation. Thank you. „1--7 Leonard S. Rindner, PWS Environmental Planning Consultant Profession Wetland Scientist Corps Submittal Cover Sheet Please provide the following info: 1. Project Name IKEA Boulevard - South Tract Stream Restoration 2. Name of Property Owner/Applicant: Crescent Resources, LLC 3. Name of Consultant/Agent: Leonard S. Rindner, PWS *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: IKEA Boulvard near City Boulevard on South Tract 6. Subdivision Name: South Tract Multi-Family at Belgate 7. City: Charlotte 8. County: - Mecklenburg 9. Lat: 35.2875 Long: 80.7651 (Decimal Degrees Please) 10. Quadrangle Name: Derita 11. Waterway: UT of Doby Creek 12. Watershed: Yadkin / Rocky River 13. Requested Action: X Nationwide Permit # 2 7 General Permit # _ Jurisdictional Determination Request Pre-Application Request The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Begin Date Site/Waters Name: Keywords: (241 i t G n ft SITE p f , * C J ) I i . J ? y ` I Ln ?.. E 1491 S3 ti ll;?. ,y . t'u IL r' L''J r '- r ry 1 ( `- T Newell ,9.n.i F: 'v rArJ y?l,{I «rC711. rk? 17 [:n=ait Pa n 7 i . - w u.l @2010 MapQuast Portions @20144 AVVE 0, Intermap IKEA BOULEVARD- SOUTH TRACT CHARLOTTE,NC PROPOSED STREAM STABILIZATION SITE LOCATION MAP APPROXIMATE SITE LOCATION Apt-it 30, 2010 I -r ? - ?-"a?w I I? • ? ? :? i ?.L ? ` I ? `til I .-. - ? ..+?._ - f ' ` ^ 1 '"'.. _ lr' - ?• y7, ..r?? r '/ ? I I - ? '. f tt a , f?iJO I ?f ",-%^.'?h ??. r..:. ?? 1 ;I 5 '' ?, ?? it ._'`, ,/. f'r h 1? f , t, ? -.. y?? 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N Zw WWIw H C/) OZ ?. _ J '- ~zO (n OI S m w i U W > w 3 1 W mO- Z ?? 1 w U W W J# tr- O O? UI H V W C) ROCK CROSS VANE: (Adapted from NCDOT Standard Specifications for Roads and Structures 20( 06)). Description This work consists of the construction and maintenance of physical barriers placed in and along the stream at locations designated on the plans to direct the stream flow (thalweg) toward the center of the channel and to provide grade control. The quantity of rock cross vanes to be installed will be affected by the actual conditions that occur during the construction of the project. The quantity of rock cross vanes may be increased or decreased as directed. Such variations in quantity will not be considered as alterations in the details of construction or a change in the character of the work. Materials Refer to Division 10 Item Boulder No. 57 Stone 1005 Riprap, Class A Filter Fabric for Drainage, Type 2 Section 1042 and SP for Structure Stone 1042-1 1056 Boulders shall be used as header and footer rocks for this device. Construction Methods Rock cross vanes shall be constructed in accordance with the Cross Vane Detail shown in the plans or as directed. Two vanes, each approximately 1/3 of the stream channel's bankfull width, will form a 20°- 30° angle out from the streambank toward upstream. The top elevation of both vanes will decrease from bankfull elevation toward the center of the channel at a slope of 4 to 20 percent. A vane running perpendicular to the stream's flow will connect the two outside vanes on the upstream end. Install header and footer rocks according to the detail and plate the upstream side with Type 2 filter fabric and No. 57 stone. Voids between the header and footer rocks scan be filled with hand-placed stones or Class A rip rap as directed. Footer rocks shall be placed such that the header rock is at streambed elevation. The cross vane shall be keyed into the bank at the downstream end as shown on the Cross Vane Detail. Material Specifications Filter fabric: Fabric should extend 1 - 2 ft above the vane rocks and underlie the entire scour pool (with a 1 - 2 ft extension beyond the expected pooling area). Fabric should span the width of the entire channel at each placement. Footer rocks: Vortex rocks should be large enough to achieve the desired height when partially buried in the stream bed and should be sized to resist movement from storm flows. Footer rocks should be long and flat. 2 sets of offset footer rocks should be placed below the vane (see detail). All rocks should touch adjacent rocks to form a tight fit. Vane rocks: Vane rocks shall be placed on top of footer rocks so that each vane rock rests upon two halves of each footer rock below, so that the vane rock is offset in the upstream direction. - Top elevation of the center rocks, at the apex of the weir, should be near bed level to allow fish and macroinvertebrate passage. NOTFC Distances between cross vanes should be a minimum of 3 feet apart. Footer and header rocks should be native quarried rock or locally shot rock, angular and oblong with minimum dimensions of 4.0' x 3.0' x 2.0'. Rocks should fit with minimal spaces. Overall maximum drop per stucture should be less than 0.67 ft (8 inches) on average. Attempt a 0.5 ft to 0.67 ft estimate taking into consideration actual stream dimensions at placement. H r U o z ° Q w o J a (?? W ~ Z Z U7= F-z ? Q J N C, p a o w ?- ? Ow 00 ?F7- < Qpw U fna x mw QO Y ? > U < Z> W Zw? cnz I Z vo Q X o = LLI ww Qa(n a >a? ?w Q Q> w Q U 0 Q ? cr) HY ZOQ W? ?N 1° U\- Q Y zwa w J -7-) w?? U 00 cnmU J ? 0 v ° ? ?WW aN O Qa > a oY >Y qU _ ?? Y Utz m U) 0 cc00 ¢~a 1 Qr c z W0 =c - o o 0 ?zn o ww:E0 C) LL - z LLJ C m w w 2 w f)M 0 =zz ?Oz w m wow ?zv Q d na0 0 Of LILJ -i to a J Q O LL O 0 w W Z o O D Y U W Z U N a < Z G L; L, 4 V J 0 ? LJ a- < 81 U? L a a z ? W 3 < La -? J IfO F- U ? J D O -? W u W \ a d YU Y L? G Y v d w z ?? a w > r L!) Z R ? ?- xOo \ Y n W U Q U-) m _V o' O m Li Q w L` v l ? LU L b ?w n a z L? 0 o w z LO Fw W U a U z ll( I?1INt/8 O J w w J O O ? i S d p Q Z J J ?. a a r T t i 0 -? > CC LO <CJ z q0 F L'.1 0 Q O < v (old, if zwwp <°OZJ Z JQ LLC > Y w ?' , zw4 i ,. - c t J YLwET7 V y? l COIR FIBER WATTLE: (Adapted from NCDOT Standard Specifications for Roads and Structures (2006)). Description Coir Fiber Wattles are tubular products consisting of coir fibers (coconut fibers) encased in coir fiber netting. Coir Fiber Wattles are used on slopes or channels to intercept runoff and act as a velocity break. Coir Fiber Wattles are to be placed at locations shown on the plans or as directed. Installation shall follow the detail provided in the plans and as directed. Work includes furnishing materials, installation of coir fiber wattles, matting installation, and removing wattles. Materials Coir Fiber Wattle shall meet the following specifications: 100% Coir (Coconut) Fibers Minimum Diameter 12 in. Minimum Density 3.5 lb/f13 +/- 10% Net Material Coir Fiber Net Openings 2 in. x 2 in. Net Strength 90 lbs. Minimum Weight 2.6 lbs./ft. +/- 10% Anchors: Stakes shall be used as anchors. Wooden Stakes: Provide hardwood stakes a minimum of 2-ft. long with a 2 in. x 2 in. nominal square cross section. One end of the stake must be sharpened or beveled to facilitate driving down into the underlying soil. Matting shall meet the requirements of section 1060-8 of the Standard Specifications, or shall meet specifications provided elsewhere in this contract. Provide staples made of 0.125" diameter new steel wire formed into a u shape not less than 12" in length with a throat of 1" in width. Construction Methods Coir Fiber Wattles shall be secured to the soil by wire staples approximately every 1 linear foot and at the end of each section of wattle. A minimum of 4 stakes shall be installed on the downstream side of the wattle with a maximum spacing of 2 linear feet along the wattle, and according to the detail. Install a minimum of 2 stakes on the upstream side of the wattle according to the detail provided in the plans. Stakes shall be driven into the ground a minimum of 10 in. with no more than 2 in. projecting from the top of the wattle. Drive stakes at an angle according to the detail provided in the plans. Only install coir fiber wattle(s) to a height in ditch so flow will not wash around wattle and scour ditch slopes and according to the detail provided in the plans and as directed. Overlap adjoining sections of wattles a minimum of 6 in. Installation of matting shall be in accordance with the detail provided in the plans, and in accordance with section 1631-3(B) of the Standard Specifications, or in accordance with specifications provided elsewhere in this contract. The Contractor shall maintain the coir fiber wattles until the project is accepted or until the wattles are removed, and shall remove and dispose of silt accumulations at the wattles when so directed in accordance with the requirements of Section 1630 of the Standard Specifications. Measurement and Payment Coir Fiber Wattles will be measured and paid for by the actual number of linear feet of wattles which are installed and accepted. Such price and payment will be full compensation for all work covered by this section, including, but not limited to, furnishing all materials, labor, equipment and incidentals necessary to install the Coir Fiber Wattles. Matting will be measured and paid for in accordance with section 1631-4 of the Standard Specifications, or in accordance with specifications provided elsewhere in this contract. Payment will be made under: Pay Item Pay Unit Coir Fiber Wattle Linear Foot Seasonal Planting Plan (Revised 4-30-10) Seasonal changes have eliminated the use of live staking material to stabilize stream banks. Recommended vegetative stabilization is seeding and planting of containerized material in the form of woody tree-bands and herbaceous plugs. Species: *Tree-bands: Cephalanthus occidentalis (Buttonbush), Corpus amomum (Silky dogwood), Lindera benzoin (Spice bush), Sambucus canadensis (Elderberry), Viburnum dentatum (Arrowwood) *Plugs: Andropogon glomeratus (Bushy Beard Grass), Carex crinita (Fringed Sedge), Carex grayi (Gray's Sedge), Equisetum hyemale (Horse tail), Juncus effuses (Soft Rush) *Seed: Wetland Mix- Agrostis stolonifera (Creeping Bentgrass), Carex vulpinoidea (Fox Sedge), Elymus virginicus (Virginia Wild Rye), Helenium autumnale (Sneeze Weed), Iris versicolor (Blue Flag), Desmodium canadense (Showy Tick Trefoil), Rudbeckia hirto (Black-eyed Susan), Verbena hastate (Blue Vervain) Spacina: *Tree-bands- 6' on center *Plugs- 18" on center FIGURE 1. Existing conditions 1. FIGURE 2. Existing conditions 2. FIGURE 3. Existing conditions 3. m c 0 `m U r 0 0 z C 0 U 21 c 0 C) I n m „ Zb ,9 4 009 ..9 ,94 009 „Zb 9b o09 nao nm d m s i0 co GI N Q C O a ^.7 n g m ?i m z4 .,9 ,94 ,.09 0M 00 N - co, N V l4 a r m 0 a) N ? 2 N 7 0 oC co a -0o 30 0 M z d U_ N 7N O c W O ?c Up to Z ??l Soil Map-Mecklenburg County, North Carolina Map Unit Legend Mecklenburg County, North Carolina (NC119, Map Unit Symbol Map Unit Name Acres in AOI CeB2 Cecil sandy clay loam, 2 to 8 percent slopes, eroded CeD2 Cecil sandy clay loam, 8 to 15 percent slopes, eroded EnB Enon sandy loam, 2 to 8 percent slopes EnD Enon sandy loam, 8 to 15 percent slopes MO Monacan loam Totals for Area of Interest Percent of AOI 1.3 9.3% 0.6 4.5°x6 0.2 1.2% 6.8 49.8% 4.8 35.2% 13.7 100.0% lJ? Natural Resources Web Soil Survey 4262010 Conservation Service National Cooperative Soil Survey Page 3 of 3 c 0 m U L 0 Z c 0 U m a c N Y U N d m O Z _O O U. Z a cQ G 0 Z LLI LU J CL d d L N x Cl7 O N N Q c O -o C _a O O) cli r Gi m a m 2 M o m E N m d O .O ? Z ? m c N 3 C N o - ( i m d v (A w 2 o O c o) E U N w C O V U m U N a _ N a o d d l0 C Z > fn U L o N co N O N «w" N (D 0) N< m Z Z O U E N m C 7¢ 0 ? N L O UNZ N N Cm N 3N1°c Q d L E 2 ° O U a m tm o N v_ d 3 0 0 w O) Q O N N N N3 V o L E.E? o (D f E m aci o Na w m N _ L w a v o y d m a ar E m ? m J v m w m) '2 3 N d.o N L C H a Z E N- C N O rn O O N O m "v y .L.. N N OI N y f0 E v O .L3) N C 0-0 m C. .. O ID G? >. m O (n N N - 'c ¢ m N O = C -a o- <0 O c v° O (D Q m L -O ° j tl) N m m C 10 V j a O a 0) N> (j N d CL O .a m m O 0) E m E aE CO Hw conm Hu.Eo N N a co m _ a U r N U) O m N T d y C m 2 N U cu C: O pp 7 O 1 d O O m O (A O" U U ((nn C t y0 p W m W LL >. r dd e W O (D yyy ??? N 2 N N O N O C U (A V '??' U yy y v U C 1 d' C U) 0 J LL ? p E3 4 W LL 0 CL Vl • 0 T IA c n a o ? a a o o cn N N NU a E LT N d m d G N m W CL _ O m N 7 > 0 > > O O ` _ Q C D_ M d O 0 _ a T 0 0 O w A N .5 ) ) T v U p O_ N a Q l0 7 O O -O N N _ c C 0 ( U T 6 a U) LL 3 2 T W > > > LA c U N C u d Y N _ T r 0 [5 j2 .9 m a) o p m c m co U U 0 (5 J J m a tr U) (o U) 0) (q m (o m n c W O 3 ® Y * X < G > + III o , m. Ilf q ? _ . Q 41 0(l) O O N N (B N _N a m Z U aTi o Z U ? d U . = m o U a a O U m c O m z d U U N 7 N O C N O v m R w ? N m O Z U ?h U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2008-02365-360 County: Mecklenburg USGS Quad: Derita GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Crescent Resources, LLC, Attn: David Niekamp Address: 400 S. Tryon St., 13th Floor Charlotte, NC 28285-0107 Telephone No.: Size and location of property (water body, road name/number, town, etc.): South Tract City Boulevard Apartment development located on a 40.8 acre tract off of Exit 43 off I-85 off of City Boulevard. Description of projects area and activity: This permit authorizes impacts to 250 LF of intermittent channel on Doby Creek (110 LF has been determined to have "unimportant" aquatic function) for the purpose of eonstructine one road crossing and depositine fill for commercial development. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980. Corps Regulatory Official Steve Chapin Date: August 27.2008 Expiration Date of Verification: August 27, 2010 The Wilmington District is connnitted to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.annv.mil/WETLANDS/index.htmI to complete the survey online. Determination of Jurisdiction: A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Action ID Basis of Jurisdictional Determination: The site contains stream channels that exhibit indicators of ordinary high water marks. The stream channels on the property are unnamed tributariesto Doby Creek which flow into the Yadkin River and ultimately flow to the Atlantic Ocean through the Doby Creek>Mallard Creek>Rocky River>Yadkin River system which is a Section 10 navigable-in-fact waterway at Blewett Falls dam. Appeals Information: ('T'his information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Steve Chapin, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Steve Chapin Issue Date: Auzust 27.2008 Expiration Date: Five years from Issue Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Mr. Leonard S. Rindner Permit Number: SAW-2008-02365-360 Permit Type: NW29 Name of County: Mecklenburg Name of Permittee: Crescent Resources, LLC, Attn: David Niekamp Date of Issuance: August 27. 2008 Project Manager: Steve Chapin Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date W A 7'4?9pG 7 ? r o Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Watcr Quality August 25, 2008 DWQ# 08-1213 Mecklenburg County Mr. David Neikamp Crescent Resources, LLC 400 S. Tryon Street, 13th Floor Charlotte, NC 28285-0107 Subject: South Tract Blvd. Apartment APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Neikamp: You have our approval, in accordance with the attached conditions and those listed below, to impact 250 linear feet (If) of unnamed stream to Doby Creek in order to construct the project in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on August 11, 2008. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3705, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 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. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Mailing Address Phone (704) 663-1699 Location ?rtthGuolina 610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 N?pOne Mooresville, NC 28115 Mooresville, North Carolina f IVUrQIly Internet: www.ncwateraualitv.ore Customer Service 1.877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper 3. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the installation, water flow shall be returned to its natural course. 4. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 5. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 6. Prior to construction, a final, written storm water management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality Certification. The storm water management plans shall be approved in writing by this Office before the impacts specified in this Certification occur. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The storm water management plan must include construction plans, specifications, storm water BMP worksheets, and supporting calculations. The storm water best management practices are required to be appropriate for the surface water classification and designed to remove at least 85% TSS according to the most recent version of the NC DENR Storm water Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the storm water management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity- No changes to the structural storm water practices shall be made without written authorization from the Division of Water Quality. 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 8. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. 10. Continuing Compliance. The applicant (Crescent Resources, LLC; David Neikamp) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, ,'Jj/3 ,L,-- for Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit MRO, Land Quality Central Files File Copy Len Rindner