20081038 Ver 1_More Info Received_20080723

Y
- X638

LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]

July 22, 2008

Mr. Ian McMillan
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604

Mr. Barry Love - NCDENR - Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115

Re: Worthington Phase 2 Apartments, Charlotte, Mecklenburg County, North
Carolina - Request for Additional Information

Dear Sirs:

During a review of the permit application with Barry Love in the field on July 18, 2008, it
was noted that there was a typographical error in the application on Page 5 of 10. The
original submittal identified 19' linear feet as perennial stream impacts instead of an
intermittent stream impacts. The stream should have been identified as intermittent in the
application. Barry concurred with the determination in the field that the stream is in fact
intermittent.

Please ntact me if you have any questions or require additional explanation. Thank you.

S' c

nard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist

jUL 2 3 2008

WETLANDS AND STORMWATER BRANCH

2. Individually list wetland impacts. 't'ypes of' impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, et.c. For dams,
se arately list impacts due to both structure and floodin
Wetland Impact Type of Wettand Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, i00-year Nearest impact
(indicate on map) herlkiceous, Ix)g, etc._) Floodplain Stream (acres)
(yes/no) (linear feet)
i NWP #19 Scrub!Shrub to Forested No 0- 50' +/-0.068
2 NWP it 29 Scrub/Shrub to Forested No i- 0-50' fl-0,070

Total Wetland impact (acres) less than 1110' acre 0.14 ac
3. List the total acreage (estimated) of all existing wetlands on the property: Approx. 0.16 acres
of streams and wetlands overall

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.

Stream Impact Perennial or Average Impact Area or
Number Stream Name Type of Impact ? Stream Width Length Impact
(indicate on ma) lntermittenl'. Before Impact (linear feet) (acres)
I UT of Mallard Ck NWP ti IS Intermittent tt- 3' 290' .019
2 U"I" ol'Mallard Ck NWP tt 29 Perennial 3' iq'_. - ~a?t)2

Total Stream impact (by length and acreage) .02

io-
5. Individually list all open water impacts (including lak+~ 0%1Aa s. Atlantic
Ocean and any other water of the U.S.). Open water impacts include. but arc not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. NA
Open Water Impact Name of Waterbodv Type of Waterbcxly Area of
Type of impact (lake, pond, estuary. sound, impact
Site Number (itapplicabblele) )
(mdicale on map) ocean. etc.) (acres)

Total Open Water Impact (acres)

Page 5 of 10

2. Individually list wetland impacts. Types of impacts include, but arc not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For darns,
se aratcly list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodpiain Stream (acres)
(yes/no) (linear feet)
I NWP 018 Scruh/Shrub to Forested No 0- 50' +/-0.068
2 NWP 0 29 Scrub/Shrub to Forested No +/-0-50' /-0.070

Total Wetland Impact (acres) less than I/ 10"' acre 0.14 ac`
3. List the total acreage (estimated) of'all existing wetlands on the property: Approx. 0.10 acres
of`streams and wetlands overall

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, clam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,5W

Stream Impact Perennial Average Impact Area of
or
Number Stream Name Type of Impact Intermittent'.' Stream Width Length Impact
(indicate on ma) Before Fact (linear feet) (acres)
I U'T of Mallard Ck NWP PI R Intermittent 1/- 3' 290' .019
2~ U`i of Mallard Ck NWP # 29 Intenmittent Y 19' .002

Total Stream Impact (by length and acreage) .02

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limitexI to
fill, excavation, dredging, floodin,, drainage, bulkheads, etc. NA _
Open Water Impact Name Type of Waterbody Area of
Site Number Name ofWat y Type of lmpact (lake. pond. estuary, sound, hay, Impact
(indicate on map) (if applicable) ocean. etc.)
(acres)

Total Open Water impact (acres)

Page S of 10

Y

Worthington

Phase II Apartments

Charlotte, Mecklenburg County

North Carolina

Joint Application Form and Supporting Documentation for

NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS AND NCDENR

Prepared For

Mr. Frank Hoak
NRI Communities/Harris Boulevard. LLC
375 North Front Street, Suite 200
Columbus, Ohio 43215

Prepared By:

Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]

June 28, 2008

Page I of 10

Office Use Only: Form Version March 05

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #18, 29

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?

4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: See Attached Approval Letter

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?

II. Applicant Information

1. Owner/Applicant Information ~I
Mr. Frank Hoak JUL 2 3 2008
NRI Communities/Harris Boulevard. LLC DENR -WATER QUAUtY
375 North Front Street, Suite 200 WETLANDS AND STORMWATER BRANCH
Columbus, Ohio 43215
Telephone Number: Fax Number:
E-mail Address:

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner, PWS
Company Affiliation: Leonard S. Rindner, PLLC
Mailing Address: Wetlands and Environmental Planning Group
3714 Spokeshave Lane
Matthews NC 28105

Telephone Number: 704 904 2277 Fax Number: 704 847 01 85
E-mail Address: lcn.rindner.pws gmail.com
III. Project Information

Page 2 of 10

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Worthington Phase 11 Apartments

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 047131156

4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Near the intersection of
Research Drive and WT Harris, north of Interstate 85 - see attached location map

5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3193°N 80.7846 °W

6. Property size (acres): 12.949 Acres

7. Name of nearest receiving body of water: UT of Mallard Creek

8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Former disturbed agricultural land, forested areas in mid
succession; disturbed areas; heavy development of commercial, residential projects
associated with major transportation corridor and intersection with 1-85 and WT Harris - Exit
45B, UNCC, and the University Research Park area.

Page 3 of 10

10. Describe the overall project in detail, including the type of equipment to be used: The
project is a multi-story multi-family development providing housing for the University with
associated parking and stormwater facility. Heavy construction equipment will be utilized.

11. Explain the purpose of the proposed work: Develop multi-family housing, parking, and
stormwater management area.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A wetland and stream delineation was conducted for the site and verified
by the USACE. A meeting was held with Steve Chapin of the USACE on June 24, 2008 to

confirm eligibility to utilize Nationwide Permit 18 along with Nationwide Permit 29. The site is
subject to local and NCDENR stormwater management requirements.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional impacts are not expected. If additional impacts are required a PCN will be submitted
as required.

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: Impacts are limited to a small
intermittent stream and intermittent spring area at the base of a steep slope

. Page 4 of 10

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
1 NWP #18 Scrub/Shrub to Forested No 0- 50' +/-0.068
2 NWP # 29 Scrub/Shrub to Forested No 0-50' +/-0.070

Total Wetland Impact (acres) - less than 1/10' acre 0.14 ac
3. List the total acreage (estimated) of all existing wetlands on the property: Approx. 0.16 acres
of streams and wetlands overall

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.

Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial Intermittent? Stream Width Length Impact
(indicate on map) ? Before Impact (linear feet) (acres)
1 UT of Mallard Ck NAT #18 Intermittent 3' 280' .018
2 UT of Mallard Ck NWP # 29 Intermittent 3' 19' .002

Total Stream Impact (by length and acreage) .02

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc. NA
Open Water Impact Name Type of Waterbody Area of
Site Number (if applicable) Wat) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)

Total Open Water Impact (acres)

Page 5 of 10

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.02 ac

Wetland Impact (acres): 0.14 ac.
Open Water Impact (acres): 0.00 ac.
Total Impact to Waters of the U.S. (acres) 0.16 ac.
Total Stream Impact (linear feet): 299 If

7. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.

8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands X stream X wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater management facilities
Current land use in the vicinity of the pond: undeveloped site adjacent to existing commercial
and residential projects
Size of watershed draining to pond: 17.94 Acres
Expected pond surface area: 0.50 acre

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.

Due to site constraints such as very stepp topography as well as the cost of land in this highly
urbanized area of Charlotte several alternatives were evaluated to attempt to avoid and minimize
impacts to the extent feasible. These alternatives were not practical because they would require
substantial retaining walls averaging over 25' high not including footings costing potentially
650,000 to over 1,000,000 dollars. In addition there would need to be a significant loss of units.
To minimize impacts the developer proposes to retain larger natural areas adjacent to the
remaining stream as depicted approximately on the proposed site plan The approximate '/2 acre

Page 6 of 10

stormwater pond can be well designed as depicted and be constructed and function as intended
with a littoral zone and be a viable habitat rather than being engineered and forced on to the side
of a steep slope surrounded by extremely high retaining walls making it more difficult to
monitor and maintain.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC

Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.

The remaining perennial streams and wetlands are preserved in natural common open space
areas. Impacts are limited to minor wetland impacts and an intermittent stream.

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP

Page 7 of 10

website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:

Amount of stream mitigation requested (linear feet): 300 LF
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (required by DWQ)

1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No X

2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?

3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Yes ? No ?

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5

Page 8 of 10

r

Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.

XI. Stormwater (required by DWQ)

Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level.

A stormwater management plan is proposed for the project and will be submitted to NCDENR for
approval. The attached plan indicates approximate locations and sizing criteria of the stormwater
treatment facility.

XII. Sewage Disposal (required by DWQ)

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.

Municipal facilities - CMUD

XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X

Is this an after-the-fact permit application? Yes ? No X

XIV. Cumulative Impacts (required by DWQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:

The project is developing to provide services to the area in the vicinity of 1-485. The project site
is subject to stormwater management requirements from the City of Charlotte and NCDENR as a
result of the 401 WQC required for the project.

Page 9 of 10

XV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Thr Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 10 of 10