19991173 Ver 1_Complete File_20000223

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PROMENADE
at
Interstate 485 and
Providence Road
Wetland Mitigation Design
Prepared For:
Mr. David Haggart
Childress Klein Properties
2800 One First Union Center
301 S. College Street
Charlotte, NC 28202-6021
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE
Date : 2/23/00
q9 IM

PROMENADE
at
Interstate 485 and
Providence Road
Wetland Mitigation Design
Prepared For:
Mr. David Haggart
Childress Klein Properties
2800 One First Union Center
301 S. College Street
Charlotte, NC 28202-6021
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE
Date : 2/23/00

TABLE OF CONTENTS.
1:0 INTRODUCTION
2.0 OBJECTIVE
3.0 APPROACH
3.1 Hydrology
3.2 Soils
3.3 Vegetation
4.0 MITIGATION SITE DESCRIPTION
5.0 CONSTRUCTION METHODOLOGY
6.0 PLANTING
7.0 MONITORING
7.1 Vegetation Monitoring
7.2 Vegetation Success Criteria
7.3 Hydrology Monitoring
7.4 Hydrology Success Criteria
7.5 Contingency Plan
6.6 Report Submittal
8.0 OPERATIONS AND MAINTENANCE PLAN
8.1 Vegetation Management
8.2 Inspections
8.3 As-builts - Benchmark for Sediment Removal
9.0 PROTECTION FROM FUTURE DEVELOPMENT
APPENDIX A

Promenade
Wetland NUtigation Plan
1.0 INTRODUCTION
Childress-Klein Properties, Charlotte, NC is currently developing the Promenade, a mixed-use project
consisting of residential, retail, and office facilities: The uniquely designed project concept was locally
approved by the Mecklenburg County Commissioners on April 13, 1999. The developers are committed to
creating an environmentally responsible project. Minimization and mitigation measures were developed
based on discussions with the USACE, NCDWQ, and other federal and state agencies. The plan and
commitments made in this report reflect a positive response to the preliminary discussions, determinations,
and concerns of the regulatory agencies. Except for temporary construction and development impacts, we
believe that the proposed project with the proposed mitigation will not cause significant cumulative impacts
to the ecological functions or values of Jurisdictional Waters of the United States.
Background
As previously described in the Individual Permit Report and Supporting Documentation (Permit) document,
wetlands were encountered on the project site. Childress-Klein Properties has applied for a Department of
the Army Permit and 401 Water Quality Certification to discharge fill material into an unnamed intermittent
tributary of Flat Branch and 1.24 acres of wetlands and 1580 linear feet of stream channel with important
aquatic function in conjunction with the development of a 52 acre regional commercial center at the
intersection of Providence Road (NC 16); Interstate 485; and Ballaigne Commons Parkway in Charlotte,
Mecklenburg County, North Carolina. The stream and adjacent wetlands originate on the property. Since
Ballantyne Commons Parkway and Providence Road are near the ridge line the upstream watershed is
minor. The streams and wetlands on the site will be impacted by the extensive grading required to prepare
the site for the development.
The developer has responded to comments regarding avoidance, minimization, mitigation requirements and
stormwater treatment requirements. The requested permit considered aft evaluation of the probable and
cumulative impacts and its intended use on the public interest. Based on a comprehensive analysis we believe
that this proposal. complies with the Environmental Protection Agencies' 404(b)(1) guidelines. The
economic benefits of this project have been balanced by a significant mitigation plan to minimize and balance
the environmental consequences. The proposal reflects the national concern for both the protection and
utilization of important resources. Relevant factors included in the proposal include general environmental
concerns, wetlands, cultural values, fish and wildlife values, land use, water quality, considerations of
property ownership, and in general, the needs and welfare of the public.
Based on a field survey the proposed activity will not affect species, or their critical habitat, designated as
endangered or threatened pursuant to the Endangered Species Act of 1973. The survey conducted by Dr..
James Matthews of the Habitat Assessment Restoration Program is included in this report. 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. Based on a field survey conducted by Thomas
Hargrove of Archaeological Research Consultants no important archaeological, scientific, prehistorical, or
historical data will be lost or destroyed by work under the requested permit. His report was submitted to the
State Historic Preservation Office for review and concurrence.
Aquatic Habitat
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Flat
Branch. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians,
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fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation
control plan will be maintained during the construction period in order to control degradation of water
quality downstream and protect the areas to be preserved. Short term construction impacts, primarily
stream sedimentation will affect aquatic habitat, however this will be minimized to the extent practicable to
promote rapid recovery. Project construction will strictly adhere to an approved sedimentation and erosion
control plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic
life such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened. Aquatic resources are
expected to be enhanced through the restoration of wetland areas that flood and pond for longer durations.
Proposed Mitigation
The compensatory mitigation proposal involves the creation of approximately 1.25 acres of wetlands,
including bottomland hardwood, scrub/shrub, and emergent-aquatic zones. Stream mitigation will be
conducted by restoring approximately 1,580 linear feet of degraded stream channel through agricultural land
downstream of the project. Stream restoration goals for this reach includes restoring and creating a self
sustaining stable stream, improving habitat, and using natural materials to improve stream aesthetics.
Additionally, approximately 18 acres of swamp forest and upland buffers (part of the Providence Flats) will
be preserved. These were identified by the North Carolina Natural Heritage Program. These areas are
important to the Natural Heritage of Mecklenburg County according to Dr. James Matthews of the Habitat
Assessment Restoration Program. They occur in large areas of south, west; and northwest Mecklenburg
County especially in conjunction with Iredell soils. Mature xeric as well as mesic hardpan forests have been
identified. According to the Natural Heritage Program they are characterized by drainage that is hindered by
a clay hardpan. They are Palustrine, seasonally to intermittently flooded or saturated. The forest canopy is
dominated by mature Quercus phellos. Other trees that may be present include Q. michauxii, Carya ovata
and Carya carolinae-septentrionalis. Shrubs are usually sparse and may include Vaccinium fuscatum, Ilex
decidua, and Viburnum dentatum. Typical herbs include Carex species, and Climacium and Spagnum lescurii
(sphagnum moss). These plant communities, especially where less disturbed and mature are becoming less
and less common in the area. These communities are generally stable climaxes, maintained by their
hydrology, however they may be susceptible to disturbance caused by unusually prolonged flooding or by
drought. Many of the sites hold enough standing water seasonally and are important breeding sites for
amphibians. They provide feeding grounds for birds of prey, are important feeding grounds for migratory
birds such as the American woodcock and waterfowl. During a site visit a great blue heron was observed
feeding in the shallow inundated areas. Unstable and deteriorating situations are often inadvertently created
by adjacent urban development and parcelization. Large areas of these wetland habitats have already been
destroyed, or are under pressure from encroaching development. They are often mistaken as isolated or not
identified by unsuspecting landowners or design professionals. There are currently no required buffers to
protect these rare and sensitive communities. Therefore they highly susceptible to inadvertent, and
secondary impacts.
The preserved wetlands will be protected by a conservation easement and managed by a group designated by
' the owner for this purpose, such as the Catawba Lands Conservancy. A meeting was held with Mark
Cantrell of the U.S. Fish and Wildlife Service and representatives of the North Carolina Wildlife Resource
Commission at the proposed preservation site in May, 1999, as well as the subject development site. Based
on their review, it was apparent that these agencies are enthusiastic about the potential of preserving large
' areas of these sensitive sites as mitigation for the loss of a much smaller and vulnerable wetland area on the
subject development site.
I Site Specific Information

The site is within the headwater drainage area of an unnamed tributary to Flat Branch, a tributary to Six Mile
Creek, in the Sugar Creek Sub-Basin of the Catawba River (Water Classification - C). The majority of the
site is moderately sloping former agricultural land and timbered woodland (except for several mature oak
' tress) which has succeeded to woodland in various stages of secondary succession to mature forest. Areas
of wetlands were found in connection with the headwater tributaries.

1:5 ge adon
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The forested and scrub/shrub headwater wetland areas are dominated by Facultative, Facultative Wet and
Obligate species. Trees include willow oak, green ash, red maple, black willow, alder, silky dogwood,
spicebush, and sweetgum. Understory and herbaceous strata includes smilax, microstegium, sedges, soft
rush, and others. Herbaceous and scrub/shrub vegetation are more dominant in areas subject to constant
saturation or flooding, and areas in earlier succession.
oils
Wetlands areas appear to occur in Iredell soils on this site. Iredell B soil may have hydric inclusions
according to the Soil Conservation Service, Technical Guide-Section H-A-2, June 1991.
drolo
Water Classification -
The unnamed tributary of Flat Branch is part of the Catawba River Basin and currently classified a Class C -
aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Wetlands
associated with the tributaries are the result surface runoff, springs/seeps, and a high seasonal water table.
The clayey subsoils contribute to the development of perched wetlands along the tributaries. Most of the
streams were confirmed as having important aquatic value by the U.S. Army Corps of Engineers and the
North Carolina Division of Water Quality. Characteristics include persistent pools, macro-invertebrates;
evidence of wildlife utilizing the stream; and gravelly to sandy channel substrate. The wetlands on this site
were be found to have important function and value in regard to pollution removal, bank stabilization,
aquatic life resources utilizing Guidance for Rating the Values of Wetlands in North Carolina - Fourth
Version.
The wetlands on this site can be described as Palustrine Forested Broad - Leaved Temporarily Flooded.
They have formed in perched water table conditions, in flat to nearly level areas and depressions over an
extremely dense clay soil layer often typical of Iredell soils. According to Soil Conservation Service,
Technical Guide-Section II-A-2, June 1991, IrA soils are listed as Map Units with inclusions of Hydric Soils
in Mecklenburg County. As depicted on the attached map the extent of the Jurisdictional Waters of the U.S.
on this 52 acre site is approximately 1.43 acres, of which wetlands consist of 1.24 acres.
' vegetative Communities
A majority of the site is in various stages of old field succession from formerly farmed areas. The wetland
' areas are generally forested.
Bottomland HardwoodlHeadwater Forest
' The Bottomland Hardwood and Headwater Forests on this site have developed in the flat to nearly level
drainageways and depressions. Species which occur in these areas include Willow Oak (dominant species),
Green Ash, Sweetgum, Red Maple, Hackberry, Shumard Oak, Ironwood, and other typical species that
tolerate these wet and shallow root conditions. Common understory trees and shrubs include silky dogwood,
' and alder. Woody vines include poison ivy, and greenbriar. The herbaceous layer is variable based on
exposure to light. Species include sedge and rush species, jewelweed, and others

Open Field
This includes all non-wetland areas dominated by herbaceous plants, such as the power line right of ways
and other cleared areas. These have been periodically mowed and are dominated by pasture grasses and
perennial herbs including broomsedge, goldenrod, and bush clover. Other areas have been undisturbed for
longer and are in transition to dominant species such as blackberry, greenbriar, redcedar, pines, and saplings.
Afixed Forest
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is characterized
by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas may have a
predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly pine, with
eastern redcedar. Hardwoods include pine, sweetgum, red maple, red oak, white oak, tulip poplar, hickory,
d
h
' an
ot
er common species. The subcanopy contains saplings and seedlings of canopy species. Other
subcanopy species include black cherry, holly, dogwood, elm, and privet. Woody vines common in the
understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
' Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wetland : Southea t legion 21 US Department of the Interior, Fish and Wildlife Service.
' Jurisdictional Waters of the U.S. and Description
1) Wetland (PF01A) ± 1.24 acres
2) Intermittent/Perennial Stream (± 15801f"important") ± 0.17 acres
' 3) Intermittent. Stream (± 6601f"unimportant") ± 0.02 acres
Total Jurisdictional Waters* 1.43 acres
N
o Practicable Alternative/Avoidance Analysis
The northwest corner of Providence Road and I-485 has been zoned for commercial use since 1990. At the
time of the original zoning of the property, the construction of I-485 had not yet commenced. However
the
,
Charlotte-Mecklenburg Planning Commission (CMPC)) recognized that the construction of a new freeway
would create tremendous pressure for new, development. Therefore, in 1990, the CMPC with cooperation
f
rom area landowners and residents created the Providence Road/I-485 Small Area Land Use Plan (also
known as the Special Project Plan). This plan suggested appropriate land uses for all properties within the
sphere of influence of the Providence Road/I-485 interchange, an area roughly covering a one-mile radius
' around the interchange. This plan was approved by vote of both the Charlotte City Council and the
Mecklenburg County Commission. The intent was to function as a "road map" for the future development of
this area.
' The 52 acre subject property was designated to contain the following commercial land uses: 300,000 square
feet of office space, 100,000 square feet of retail space and a 250 room hotel. The designation of this site for
such commercial uses was dictated by several attributes of the site:
1. With 1,200 feet of frontage on Providence Road and 1,900 feet of frontage on Ballantyne Commons
Parkway, the Subject Property is one of the few sites in the sphere of influence that offers adequate access to
accommodate commercial uses.
2. The other two sides of the site front I-485 and the Jonesville AVE Zion Church. Therefore, the lack of
adjacency to residential areas eliminates difficult transition concerns, making this site appropriate for
' commercial uses.

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3. The site's adjacency to the interchange minimizes the traffic impact on the overall road network within the
sphere of influence. Another site within this area might have to "pull" traffic through a neighborhood and
create a longer drive distance from the freeway.
The previous stated reasons for designating the site as a commercial land use plan also delineate the reasons
that no alternative plans or alternate site is available. The land use plan considered all sites within the sphere
of influence for the appropriate use. If the use of the Subject Property were changed, in theory, another site
within the sphere of influence would have to "swap" its use with the Subject Property. This would involve
trading development rights with another landowner, an unlikely scenario at best. More importantly, all other
sites were already evaluated during the study process and commercial land uses were determined to be the
best use of the Subject Property.
Reduction of scope was also not considered feasible for the development of the Subject Property. The
wetland and streams that are proposed to be impacted he in the center of the site. In order .to avoid the
wetlands and the streams, the site would have to be divided into two separate sites on opposite sides of the
stream. Neither portion on its own could function with appropriate amounts of building and parking areas.
Additionally the stream bed is so much lower than the proposed finished grades based on engineering
requirements (15' - 20') that it would be difficult to create any continuity between the two sections of the
development. It is likely that the total square footage of the project would have to be reduced by 50% or
more to accommodate this scenario. The loss of this amount of square footage is not economically feasible.
Another constraining factor for the project is the entrance locations. The Providence Road entrance to the
project, is based on its relationship to I-485 and the intersection with Ballantyne Commons Parkway, since
the curb cut cannot move avoidance is even more difficult from a land use perspective. The entrance
immediately encounters a section of wetlands, the edge of which ranges from 130' to 200' from the road
right-of-way. This is very tight spacing and would require that an entrance driveway have a severe angle in it
to avoid this wetland area. An angled driveway would be difficult to design and would not be functional.
There is also, according to Dr. Randy Forsythe, of University of North Carolina at Charlotte, a strong
likelihood that development adjacent to this perched wetland would directly and negatively impact the
wetlands. The hydrological support to this wetland habitat will likely to be non-sustainable due to the loss of
recharge through the interflow zones over the dense soil layer. It is also likely the seasonal water table that
feeds the groundwater seep at the head.of the intennittent tributary will be lower, further reducing the
sustainability of the wetland and stream hydrology. Thus, even if a discharge to the wetland could be
avoided, adjacent unregulated activity will likely impact the jurisdictional wetland negatively.
lWinimizatiun Analysis
' As stated in the previous paragraph, the impacted streams and wetlands on the subject property lie in the
center of an almost square site. The proposed site plan for the 500,000 square foot development on the
subject property is the result of a yearlong process involving the developer, CMPC Staff and the public. In
early 1998, the landowner selected Childress Klein Properties to develop the property. Market conditions at
that time suggested that there was more demand for retail space than office space. The developer filed a
rezoning application in June, 1998. At the same time, after an urging from the neighborhoods, CMPC
determined that the 1990 Special Project Plan needed to be updated. After nine months of public meetings,
the CMPC staff issued a draft revised land use plan, dated February 3, 1999. This was approved by the
CMPC on April 20, 1999.
' In this plan, the suggested use for the Subject Property is "predominantly retail and a ... limited amount of
second-story office." The plan also suggests that the site should create a central open space that acts as a
focal point to the development." These statements reflect current trends in urban planning, which suggest
' that retail development needs to be more pedestrian friendly and return to a "Main. Street" type feel. In fact,
the CMPC document suggests that a guiding principle of community design is "Main Street" retail that
creates a Main Street for the area by placing buildings along local streets with parking located behind
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' buildings. The design guidelines go further by stating. that retail area should be walkable, should have a
village character, should include a green space component, and should be a focal point for the community.
' The current zoning of the property was approved on April 13, 1999. A key requirement of the zoning
addresses the design guidelines by requiring a village green of one acre in size. The attached plan the site
plan shows the village green with streams and wetlands overlaid. For the village green to be functional as a
' pedestrian-oriented space, it must have a good system of streets that lead into it and it must have a good
grade relationship to the buildings that surround it. The street network also allows the site plan to
accommodate the "Main Street" design requirements.
This concept would be impossible to create without significant grading. The elevation of stream 41 (as
shown on the site plan ranges from 15-20 feet below most of the surrounding area which is an "S" shaped
ridge. The distance from building face to building face across the village green is approximately 300 feet. In
order to function as a pedestrian friendly space, the slope across the area should not exceed 5%. This means
that the building floor elevations on either side of the green must be within 15 feet of each other. To
accomplish this and leave the stream bed undisturbed is impossible. If the stream were to be saved, it would
be located within a ravine. Retaining walls would have to be located on either side of the stream to make up
' the grade difference of 15-20 feet from the bottom of the stream bed to the proposed finished elevation of
the village green. In order to stay below the Individual Permit threshold of 500 linear feet, +/- 1,200 linear
feet of stream would have to be preserved on site. This length translates into +/- 2,400 linear feet of
' retaining walls. If the average height of the walls was 15 feet, the retaining walls would cost $504,000 at a
unit price of $14/square foot plus approximately $40,000 for foundations. Therefore, the total cost would
likely exceed one half million dollars.
Another important part of the zoning is that the parking areas must be shielded by buildings and be located
outside the building envelope as shown on the technical data sheet attached as Exhibit "B". This forces all
buildings into the middle of the site where the streams and steepest grades are located. The previous
' paragraph gives a good description of the challenges presented by trying to modify the current plan and
comply with the zoning on the property. If the stream were saved with retaining walls, the stream would
likely become dry since most of the drainage that currently feeds into the stream would go into the new
' storm drainage system. Since the site sits at the top of the drainage basin, any development scenario would
likely remove most of the current drainage into these streams. Therefore, as dry stream beds, and sitting so
far below the surface, they would be aesthetically detrimental to the site.
I Determination of No Practicable Alternative
This project is designed to take advantage of the well planned road transportation system enabling the region
' to be served. The driving force behind all retail developments is the strength of the anchor tenants. The
stronger the anchors, the larger the geographical draw will be, resulting in overall success for the smaller
shops which are often owned. and operated by residents of the community. Vacant buildings resulting from
poor planning and improper design in retail centers create eyesores within the community. For these
reasons, the wetland area should be filled for retail development. Reducing the size of the buildings does not
meet current market design standards and can severely jeopardize the success of the project in this highly
competitive industry. Therefore it would not be feasible as a project.
In conclusion, due to the site planning constraints (earthwork) of a development of this type, large
contiguous areas must be graded for building pads and parking. To balance the environmental consequences
of these unavoidable impacts to surface waters and wetlands the developer has proposed minimization
' measures and a mitigation plan that has been developed in consultation with the U.S. Army Corps of
Engineers, the North Carolina Division of Water Quality, the United States Fish and Wildlife Service, the
North Carolina Wildlife Resource Commission, and representatives of local environmental organizations.
' In response to the neighborhood and community concern the developer modified its site plan to, save many
mature groups of existing trees as highlighted on the technical data sheet for the Public Hearing Petition

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' #9849(c). A substantial landscaping plan will include a variety of hardy indigenous groups and specimens
and large trees that will, in time, re-establish a canopy, although in a more planned urban setting. As part of
the wetland mitigation plan the developer is proposing preservation in perpetuity of a large mature forested
' wetland and adjacent forested buffer from future development impacts immediately downstream of this
project.
Proposed Impacts
Due to engineering and grading requirements impacts to the streams and wetlands on this site cannot be
avoided. Minimization and significant mitigation measures are proposed.
' Summar
of Stream I
t
y
mpac
s
Streams with important aquatic function
mitigation is proposed = ± 1,580 If by piping and
culverting (0.15 acres)
Ephemeratdntermittent Streams w/unimportant aquatic function
mitigation is not proposed =±660 if by general site development
(0.04 acres)
' Summary of Wetland Impacts =±1.24 acres by general site
development

2.0 MITIGATION PLAN OBJECTIVE
' To compensate for unavoidable impacts, the Permit proposed significant and important wetland creation to
balance the environmental consequences of the proposed development on wetlands and water quality. The
objective and goal of this plan is to outline the creation of at least 1.24 acres of periodically saturated
and occasionally flooded palustrine wetlands. The form of mitigation will include developing areas of
' headwater forests in various forms that are saturated within the root zone or inundated for a
significant portion of the growing season. The zones will be based on the expected saturation and
inundation of the particular zones and tolerances and include:

Bottomland hardwoods
Scrub/shrub
Emergent/herbaceous
' Open water/aquatic zones
These zones adjacent to surface waters will help to improve water quality by filtering runoff, trapping
i
' sed
ment, absorbing nutrients, and providing wildlife habitat and a food source for aquatic organisms,
herpetofauna, birds, fish and other wildlife. These wetlands are to be located in conjunction with a
stormwater pond.
' 3.0 APPROACH
The creation and enhancement/restoration of at least 1.25 acres of wetlands ranging from bottomland
' hardwood forests to emergent wetlands will replace diverse habitat that has been impacted. Areas that will
be converted to wetlands will be excavated and these materials will not be used to fill any wetlands unless
authorized by the USACE. The mitigation areas, where necessary, will be backfilled to finish grades with
suitable topsoil/hydric soil and stabilized as necessary to restore the hydrological planting zones and drainage
patterns. Under normal conditions for the area, the soils are expected to be inundated and/or saturated
during the winter months and early spring for a period of at least 5 to 12.5% of the growing season.

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3.1 Hydrology
The following hydrological zones are expected to occur within the wetland mitigation areas:
Semipermanently to permanently: area is inundated or saturated from 75-1001/o of
the growing season.
Regularly: area is inundated or saturated from 25-75% of the growing season.
Seasonally: area is inundated or saturated from 12.5-25% of the growing season.
Irregularly: area is inundated or saturated.from 5-12.5% of the growing season.
3.2 Soils
Soil from previously permitted impacted wetlands, but as yet not impacted, will be stripped and stored as
feasible for use in lining the wetland mitigation sites. The soils that occur in the area include Iredell Series,
which are known to have dense clay subsoils. Using these existing soils in the proposed mitigation sites may
hasten the development of hydric soil conditions in the proposed wetland mitigation sites.
.3-3- Vegetation
Planting includes a variety of saturation tolerant tree, shrub and herbaceous species that are also high in
wildlife value. The planting plan will also encourage a diverse canopy and mid-story vegetation. The
primary criteria that plant selections are based is the duration of soil saturation. Plant species tolerant of
appropriate hydrologic conditions will be specified in the mitigation areas. Forested mitigation areas will be
planted in an initial density of 500 woody stems per acre, scrub/shrub areas will have an initial density of
1000 stems per acre and herbaceous plantings will be performed in organized patterns and groupings of a
similar hydrophytic zone.
4.0 MITIGATION SITE DESCRIPTION
To compensate for wetland loss a site has been chosen adjacent to the required stormwater treatment and
detention facility. This area is a low point in the landscape. The creation site will involve the removal of soil
to match a selected wetland elevation adjacent to pond and then the construction of small berms,
microtopographic features and outlet control structures to vary habitat and control flow. The outflow
structures will be stone filter rip-rap weir structure berm with gravel filters per gravel/rip-rap sediment basin
design installed in conjunction with a low lying berm or a simple sluice gate. This will allow flexibility to
make adjustments and detention of or the removal of excess water until a stable level is observed. The intent
is to create a "low-tech" long-term sustainable water control device that can be field adjusted while the
hydrology is being established, but does not require long term maintenance mechanical devices. This will
enhance the duration of flooding and saturation suitable for the creation of a marsh, scrub/shrub habitat and
bottomland hardwood tree species. The outlet structures will also serve to spread and dissipate flows from
one portion of the site to the other and allow for grade changes, if necessary. The goal of the mitigation site
is to enhance stormwater treatment, water storage, and create aquatic habitat. Field changes and
modifications are likely during the construction of this site and necessary modifications to ensure success of
the general concept will be submitted for approval to the NCDWQ and USAGE.
An bottomland hardwood/scrub/shrub downstream of the project site will serve as the reference wetland for
each type of wetland to provide the wetland hydrology success criteria for the constructed wetlands. This
area was previously delineated and verified by the USACE as a wetland. This area receives water from
nearby residential development and natural surface drainage. Currently, hydrophytic vegetation in the
reference wetland include Black willow (Salix nigra), Willow oak (Quercus phellos), Tag alder (Alnus
serrulata), Green ash (Frodnus pennsylvanica), Silky dogwood (Corms amomum), elderberry (Sambucus
canadetWs) and Red maple (Ater rubrum). Various herbaceous species such as Rushes (Juncos spp.),
Sedges (Carex spp.), Smartweed (Polygonum spp,), Jewelweed (Impatiens capensis), Duck potato
' (Sagittaria-spp.) and. Arrow arum (Peltandra virginica) are also found in this area.
11

' Water Management Plan
Inputs to the systern include precipitation, surface runoff from the site and adjoining tracts. Groundwater
' sources are also likely. The objective of the water management plan is to provide periodically saturated and
flooded conditions to the created wetland ,system. Once this is accomplished the wetland area with
appropriate grading should provide a variety of diverse and suitable wetland habitats. The wet detention
basin will also be used as a method of controlling peak flows and as a method of diverting flows into the
t wetland mitigation areas. Runoff will be conveyed to the wetland as a point discharge. Regular and low
flows from the wet detention pond will be discharged directly to a forebay, plunge pool or level spreader.
The flow will then be diffused in a sheet flow fashion. Sheet flow will disperse over the wetland mitigation
area before following swales which will distribute flows at a low velocity. The bottom grades of the
proposed wetland will be at a flat gradient of 0 to .5% slope. Water will enter the mitigation site into a
forebay and/or plunge pool and allowed to spread by sheet flow over the area. Small drainageways and
hummocks will be designed to disperse and direct flow and to create the various hydrological zones. To
allow the saturated soil development the outlet structures designed to withhold at least 12". Excess water
will be discharged into the next mitigation area or out of the mitigation area in a controlled manner. If the
water depth is greater or less than anticipated than the outfall can be adjusted slightly to allow a greater or
lesser volume to be stored. Percolation rates are not expected to be rapid due to the dense subsoils.
Provisions have been made allow excess water to runoff into adjacent channels or wetlands. Small stone
filter rock check dams or other obstructions will be strategically placed to make minor adjustments to
drainage flow in order to increase or decrease duration of flooding or saturation. Structures will be
monitored and inspected regularly throughout the construction period, and also during the proposed
vegetative monitoring periods.
' The quantity of water available during the early part of the growing season appears to indicate that adequate
water will be available to support wetland hydrology requirements. The water budget (Achieving the Correct
Hydrology to Support Constructed Wetlands by Edgar W. Garbisch, Environmental Concern Inc., 1994)
' performed for this site indicates that adequate hydrology is available to support the development of the very
different hydrological conditions required for bottomland hardwoods, scrub/shrub and emergent conditions.
Hydrology for the site will be maintained by channeling water from the existing stream during storms or
other high water producing events. Hydrology will also be supported by runoff, overland flow, high water
table, captured rainfall, and potentially a spring. Additionally, the outlet from the wetland will be sized,
stabilized and placed to detain drainage and minimize flooding downstream. Normal hydrology will be
considered the percent of time that the upper 12" of soil exhibits inundation or saturation. Normal
' precipitation will be defined by "WETS". If precipitation is outside of normal as defined by "WETS", then
the reference site for the particular type of wetland will be used to establish normal hydrological conditions.
- Haigh and low flows entering the wetland mitigation areas will first drain to a pool or forebay to
reduce velocity and begin distribution. The outlet from the pool will be stabilized with a rip-rap/gabion
structure. To allow a saturated soil development the outlet structure is designed to withhold at least 12".
Excess water will be discharged into the next wetland area, as necessary, if cells are developed, in a
controlled manner by first entering an open water forebay. Water will discharge to the wetland over level
spreaders to disperse the flow.
Revegetation of this area will involve planting species that occur in other undisturbed wetlands that are
currently on-site and/or are native in the project vicinity. The planting schedule will include a diversity of
water tolerant hardwood tree, scrub/shrub and herbaceous species that are also high in wildlife value. The
planting plan will also encourage strata diversity. All plant material will be obtained from local sources and
no more than 20% of each of the listed species will be used to encourage diversity. Scrub/shrub vegetation
will form the transition zones between the emergent cells and the bottomland hardwood cells. All new
plantings will consist of species that are classified as OBL or FACW.

Vegetation will be selected from the following list:
Bottomland Hardwood
Platanus occidentalis
Quercus species
Scrub/shrub
Alnus serrulata
Cornus amomum
Viburnum dentatum
Herbaceous
Fraxinus pennsylvanica
Taxodium distichum
Cephalanthus occidentalis
Lindera benzoin
Areas of occasional inundation
Juncus effusus
Eleocharis spp.
Areas of persistent
Juncus effusus
Peltandra virginica
Pontedaria cordata
Polygonum spp.
Leersia spp.
inundation
Carex spp.
Sagittaria spp.
Acorus calamus
Diospyros virginiana
Nyssa sylvatica
Salix sericea
Sambucus canadensis
Carex spp.
Scirpus spp.
Saururus cernus
Scirpus spp.
Nuphar luteum
Planting will be conducted in the early spring and fall. Specific plant species, quantities and size will be
dependent on availability, time of year, and to some extent, cost. A wet seed mixture will be used to
stabilize any bare soils to provide stabilization and other wetlands and surface waters will be protected
during planting from erosion and sedimentation. Control structures such as sediment.traps, siltation barriers,
and/or silt fence will be used as necessary. Silt fences shall be removed once the area has been stabilized. It is
expected that natural volunteering of hydrophytic vegetation will also occur due to the close proximity to
other wetland plant seed sources. Monitoring will be conducted to determine the need for additional
planting to maintain the success criteria.
Minimization
' The following Best Man agement Practices will be employed to minimize impacts to Jurisdictional Waters.
These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
d) Project construction will strictly adhere to an approved Sedimentation and Erosion Control
Plan. Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.

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e) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
5.0 CONSTRUCTION METHODOLGY
During the construction phase, all wetlands and streams, as well as the mitigation areas, will be protected
from sedimentation by appropriate sediment and erosion control features and Best Management Practices.
The removed soils will not be used to fill wetlands unless authorized by the U.S. Army Corps of Engineers.
The mitigation areas will be backfilled to finish grades with suitable topsoil and stabilized as necessary to
restore the hydrological planting zone.
In addition to the planted vegetation, the mitigation area may be stabilized with grasses or other herbaceous
materials for at least one growing season to observe hydrological and soil development, as well as vegetation
that may be volunteering or inappropriately invading.
Soils shall be topsoil or stockpiled suitable wetland soils with a minimum of 40% organic content. Soils
shall be spread and compacted to 9011/o. No more than one foot of topsoil shall be spread and adequately
compacted as a planting medium throughout the mitigation sites. Manipulation of soil depth will be required
to for microtopographic features in the mitigation cells. Field modifications will be required based on actual
site conditions.
Eighteen inches to two feet of topsoil and shall be spread and adequately compacted as a planting medium
throughout the mitigation cell. Note that excavation in the proposed wetland areas should be below finish
grade prior to placement of topsoil. Before placement of the topsoil, the subgrade and hydrological
conditions must be assessed. Manipulation of soil depth will be required to create micro-topography within
mitigation cell. Field modifications may be required based on actual site conditions.
The wetland mitigation areas shall be stabilized with grasses or other herbaceous materials for at least one
growing season to observe hydrological, soil development and vegetation. which is volunteering.
Adjustments may then be made as required to the water control structures, spillways, and grading as
required. Installation of the wetland materials should not take place until the site's hydrology has stabilized
and discharge structures have been adjusted as necessary.
The entire mitigation cell shall be completely impounded to fully saturate soils prior to adjusting discharge
structures and establishing hydrological zones. Watering to maintain moist soils throughout all elevations
may be necessary during the first growing season.
6.0 PLANTING
Planting zones are based on progressive toleration of saturated soil conditions.
A/B - Transitional Species, and species which tolerate minimum
duration of soil saturation
C/D - Saturation - Tolerant tree species
Forested Zone - Tree Planting Schedule
* No more than 20% of the trees required to be installed shall be of one species to create diversity. Trees
shall be located in a naturalistic pattern. The minimum size shall be -1 yr bare root seedlings The size
specified below is recommended to increase survivability. Additional or alternate selections may be
necessary based on availability, site specific data, and cost factors. All of the listed species shall be utilized
unless approved otherwise.

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Zone Scientific Name Size and Condition ;sp acing
Common Name
A/B Diospyros virginiana min. 1 year bare root seedling 9' On Center
Persimmon
C/D Frm pennsylvanica min. 1 year bare root seedling 9' On Center
Green Ash
C/D Nyssa sylvatica min. 1 year bare root seedling 9' On Center
Blackgum
C/D Quercus lyrata min. 1 year bare root seedling 9' On Center
Overcup Oak
A/B Quercus michauxii nun. I year bare root seedling 9' On Center
Swamp Chestnut Oak
A/B Quercus phellos nun. 1 year bare root seedling 9' On Center
Willow Oak
A/B Quercus shumardii min. 1 year bare root seedling 9' On Center
Shumard's Oak
C/D Taxodium distichum min. I year bare root seedling 9' On Center
Baldcypress
Me owner may request the additional installation of acorns of acceptable oak species to enhance the
overall vegetation success. Yhese shall be planted in designated locations as directed by the owner's
representative planner throughout the proposed mitigation sites.
Scrub/Shrub Planting Zone Schedule
Botanical Name Common Name Size Notes
Ceph. occidentalis
Alnus serrulata
Betula nigra
Lindera benzoin
Corpus amomum
Sambucus canadensis
Others that are approved
Button Bush 1411 - 18" Plants 6'-7' .O/C
Tag Alder 14" - 18" Plants 6'-7' O/C
River Birch 14" - 18" Plants 6'-7' O/C
Spicebush 14" - 18" Plants 6-7' O/C
Silky Dogwood 14" -18" Plants 6'-7' O/C
Elderberry 14" - 18" Plants 6'-7' O/C
** No more than 20% of the scrub/shrub materials required to be installed shall be of one species to create
diversity and shall be located in a pattern and directed by the planner. The minimum size shall be I yr
bare root _seedlings, The size specified below is recommended to increase survivability Additional or
alternate selections may be necessary based on availability, site specific data, and cost factors. At least six
varieties shall be utilized.
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Emergent Zone Schedule
Botanical Name Common Name Size Not
' Rushes edFs
Juncus effusus Smooth Needle Rush 2 yr. peat pot Y O/C.
' Scirp. americanus Common Three Square 2 yr. peat pot 3' O/C.
Acoris calamus Sweet Flag 2 yr. peat pot 3' O/C.
* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
1 vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined based on final surface and ponding conditions.
' Shallow Water Plants*
Peltandra virginica Arrow Arum 2 yr. peat pot 3' O/C.
' Sagitaria latifolia Duck Potato 2 yr. peat pot T O/C.
Sauturus cemus Lizard's Tail 2 yr. peat pot Y O/C.
Nuphar luteum Spatterdock 2 yr. peat pot Y O/C.

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* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined based on final surface and ponding conditions.
Survival rates of seeding, roots, and/or individual plants will be explored for each species selected based on
availability, site specific data, and cost factors. All new plantings will consist FACW and OBL species.
Planting will be conducted in the spring and the fall. Wetland seed mix will be utilized in order to provide
temporary stabilization during the summer and winter months or until planting times become available.
Seeding Specification for Herbaceous and Cover Crop in Wetland Mitigation Sites
Zone 1- Wetland areas in temporarily saturated soils or subject to occasional and brief inundation
Dates 1 to
April 1 - Jul. 15 Red Top Grass
Smartweed
7 lbs/acre
20 Is /acre
Jul. 16 - Sept. I Temporary Crop
Jap. Millet or Sorghum 20lbs /acre
(to be followed by permanent mixture)
Sept. 2 - Nov. 1 Smartweed
Red Top Grass
201bs /acre
71bs/acre
Nov. 1 - March 31 Temporary Crop 40 Is /acre
Wheat or Winter Rye
(to be followed by permanent mixture)
The following species may be substituted:

- Bidens connata (Beggar's Tick) and other Biden's species
- Leersia oryzoides (Rice Cutgrass)
- Panicaun viratum (Switchgrass)
- Peltandra virginica (Arrow Arum)
Seeding Instructions
1) Seed in the dry period
2) use of a filler, such as sand to dilute the seed to ensure uniform ground coverage when broadcasting
3) tree and shrub planting should be completed first before seeding
4) Pure live seed shall be specified and approved prior to planting.
Herbaceous species may with a wetland seed mix which will result in a coverage of at least 100 stems per
square meter upon germination. Subsitutions may be permitted with approval. 9tber native grasses or
annuals may be selected No fescue will be used in wetland areas Annual grasses shall be utilized for
stabilization on surrounding Jollec within Mitigation Area rather than perennials to allow natural
succession if a perennial is required for erosion control than a mixtur shall b lectPd that allows
natural volunteering to occur.
General Performance Specifications For Planting Plan
1) Vehicular and pedestrian access to the sites shall be designated by the owner.
2) Work, tools, plants, and equipment shall be sufficient to provide the quality of work required and
the proper rate of progress.
3) The existence and location of underground utilities will be investigated and verified in the field
before starting work. Excavation in the vicinity of existing structure and utilities shall be carefully done by
hand.
4) All work shown described and/or fairly implied shall be furnished to provide a complete job.
5) The contractor shall minimize soil erosion, siltation, water pollution, and air pollution caused by
these operations and comply with all applicable regulations.
6) If it is necessary to interrupt existing natural surface drainage patterns the Contractor shall take the
necessary measures to protect and preserve the natural drainage way or to provide temporary drainage
routing until the natural drainage pattern can be restored.
7) The owner may temporarily suspend work when satisfactory results cannot be obtained due to
weather conditions or unfavorable site conditions.
8) Individual trees or clusters of trees on the site shall remain undisturbed unless directed by owner.
9) All planting material shall meet or exceed the specifications of Federal, State and local laws
requiring inspection for disease and insect control.
10) Tree shall be free of damage to bark, broken branches or roots, and loss of natural shape. Trees
shall be protected during storage and from extreme temperatures and other adverse conditions.
11) Fplanting is delayed all stock shall be set in shade protected from the weather, and roots shall be
kept moist.
12) If conditions detrimental to. plant growth are encountered such as rubble fill, adverse drainage
conditions, or obstructions, notify owner before planting. Failure to notify does not void warranty.

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13) Workmanship shall be warranted for a period of one growing season at no cost to the owner after
date of acceptance against defects including death and unhealthy natural growth, except for defects resulting
from neglect by Owner, abuse or damage by others, or unusual phenomena or incidents which are beyond
the Contractor's control.
14) Remove and replace trees found to be dead or in unhealthy condition due to contractor's neglect,
abuse or damage during warranty period. Make replacements during growing season following end of
warranty period. Replace trees that are in doubtful condition at the end of warranty period. Replacement
plants shall match healthy plants of same size planted.
15) Except when stated otherwise specifications for measurements, quality and grade refer to USA
Standards for Nursery Stock or with national industry standards and American Standard for Nursery Stock
(ANN), as applicable. All plants shall be nursery grown unless specifically approved by the owner. If the
specific stock is not reasonably obtainable, then the contractor shall submit a proposal for use of a
substitute.
16) Plants specified shall be used unless sufficient evidence is submitted in writing to the Owner
indicating plant is unavailable. If alternate plant material is used it must be utilized for the entire quantity of
original material unless prior approval of Owner is obtained.
17) All plant material is to be purchased from a source that has grown proposed stock within the
climatic zone of the project, unless otherwise approved.
18) Plant Schedule - Plant materials and components of work have been categorized and listed on
planting plan. Other materials may be necessary to complete components of work and/or to complete the
entire job, and shall be directed by owner.
19) Quantity Adjustments: Should materials in excess of quantities estimated be required, in opinion of
owner, Contractor shall provide extras at Contract unit prices: should quantities less than estimated be
required, similarly credits shall be given to Owner at Contract unit prices. Contractor shall not install extra
or omit excess materials unless authorized in writing by Owner.
General Planting Procedures
a) Pre-planting Care: Protect plants from damage by sun, wind, drought, and injurious conditions.
b) Plant under favorable weather conditions
c) Layout of Zones: Control Lines and reference points will be furnished by the owner. The Contractor will
be responsible for layout of all zone boundaries and all measurements. Finished layout of zones shall be
approved prior to planting.
d) Plant Locations: Plants shall be placed in their respective zones and correct quantities as indicated on the
plan. Exact locations of individual plant specimens will not be given. Owner or owner's representative shall
be present during critical planting layout or planting periods as determined by the owner to approve
locations of plants in field. Contractor shall make reasonable adjustments of plant locations as recommended
by owner's representative.
e) Obstructions at or below grade shall be removed where possible; obstructions such as functioning utilities
or objects too massive to be removed with a tractor mounted backhoe will require plant relocations as
directed by the Owner. Report overhead interference such as wires, etc. to the Owner and relocate plantings
as directed. Contractor shall familiarize himself with the location of all underground and above ground

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improvements during. the installation operations. Contractor shall repair or replace at contractor's sole
expense, improvements damaged by his installation operations.
f) Unless stated otherwise on plans, excavate pits with vertical sides to six inches (6") deeper than depth of
container or burlapped ball; make pit diameter two feet greater than container or burlapped ball. Remove
excavated soil, if unsuitable for back-fill from site.
g) Remove container from plant and lightly scarify roots in several places before placement. If B&B,
unfasten and pull burlap back to expose upper third of ball after placement.
h) Unless stated otherwise on plans, backfill remaining hole with original soil, compact lightly. Soak area
around trunk thoroughly with water soon after planting, unless soil is saturated or inundated at time of
planting. After settlement, lightly compact backfill area and maintain pre-existing grade conditions.
i) Perform minor pruning of plants to remove any growth damaged during -handling and root loss.
j) Each plant shall be of proper type, etc. properly installed and maintained in good health. Final observation
of work shall be made by the owner once all proposed stock has been planted. Any plant found not to be in a
healthy condition shall be replaced and replanted by the Contractor with a plant of the same species and size
originally specified.

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k) Bare Root trees shall be installed per as recommended by nursery or the following:
- Spread seedling bags out to minimize heat build-up
repair bag if ripped
- do not expose seedlings to wind to prevent drying
- do not expose seedling bags to the sun
- do not allow seedlings to freeze
- verify with nursery if root pruning is required
- Carry seedlings in a planting bag or bucket; do not let them dry out
- Plant seedlings as soon as possible after arrival.
- Store in refrigerated unit between 34 and 36 degrees Fahrenheit
Planting Bare Root Seedlings
1 Insert the dibble at an angle and push upright to open the planting hole.
2. Place seedling gently into the hole and pull up slightly to ensure that the roots are oriented downward.
This will prevent J and U- rooting.
3. Check seedling depth. The root collar (where the uppermost roots join the stem) should be slightly more
than one inch below the soil surface.
4. Insert the dibble about two inches behind the seedling and pull the handle back to close the bottom of the
hole around the roots.
5. Push the dibble handle forward to close the top ofthe hole.
6. Remove the dibble and close the second hole with your heel.
7. Gently firm the soil around the seedling with your foot.
'? Care should be taken to avoid air pockets below root mass

' During planting wetlands and surface waters will be protected from erosion and sedimentation. Control
structures such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as
necessary.
' Seed Bed Preparation and Seeding Specifications
1. Soil in wetland areas to be seeded or planted shall be ripped to at a 6" depth. Total seedbed prepared
depth shall be 6" to 8" deep. No additional soil or earth moving equipment shall be used in jurisdictional
wetland areas unless authorized by the US Army Corps of Engineers.
' 2. Loose rocks, roots and other obstructions shall be removed from the surface so they will not interfere
with establishment and maintenance of vegetation. Surface for final seedbed preparation shall be reasonably
smooth.
3. Provide agricultural lime at rate required to bring acidity to slightly acid - pH 6
4. Lime and fertilizer shall be applied uniformly and mixed with the soil during seedbed preparation.
' Important- - Fertilizer, lime, and other agricultural chemicals shall not be used flooded, saturated, or
inundated ,wetland areas.

1

5. Apply 10-20-10 commercial fertilizer at the rate of 201bs/1000 s.f.
6. Apply 10-10-10 commercial fertilizer at the rate of 20 lbs/1000 s.f for temporary covers. In addition,
provide 15 lbs/1000s.f of superphosphate.
7. Seed in accordance with the following schedule and application rates:
8. Temporary crops must be incorporated into the soil prior to seeding of permanent mixtures. Temporary
crops must be mowed at proper time to prevent seed heads from maturing.
9. Mulch shall be applied at the rate of 75 to 100 Ibs/ 1000 S.R. Mulch shall be heavy during
January-March period. .
Fertilization - Herbaceous and Woody Plant Species
1) Use Osmacote fertilizer or approved equal. For spring planting, use 18-6-12, eight to nine month release.
For winter and fall planting, use 18-5-11, twelve to fourteen month release.
2) If planting. is under water, use Agriform 20-10-5 two year release 10 gram planting tablets.
3) Fertilize at time of planting
Recommended Quantities of Fertilizer for various Herbaceous Plant aterial ( arbischl
Dormant propagule 15 grams Osmacote or 1 ea. 20-10-5 I Og Agriform tablet
growing bareroot 15 grams Osmacote or 1 ea. 20-10-5 1Og Agriform tablet
container/fiber pot 30 grams Osmacote or 3 ea. 20-10-5 10g Agriform tablet
plug (seedling) 15 grams Osmacote or 1 ea. 20-10-5 lOg Agriform tablet
plug (collection) 30 grams Osmacote or 3 ea. 20-10-5 l Og Agriform tablet
Recommended Quantities of Fertilizer for various Woody Species ( arbisch)
1 quart container 30 grams Osmacote or 20-10-5 IOg Agriform/Manufacturer rate
1 gallon container90 grams Osmacote or 20-10-5 1Og Agriform/Manufacturer rate

* 30 additional grams for each additional gallon
plug (seedling) 15 grams Osmacote or I ea. 20-10-5 10g Agriform tablet
7.0 MONITORING
Monitoring of the wetland creation areas will be performed to evaluate the mitigation sites relative to the
success criteria. Annual reports will be prepared which summarizes the data collected in the field and notes
trends. Photographs at fixed stations will be taken to document the trends and changes occurring at the
sites. These reports will be furnished to the USACE and the NCDWQ.
7.1 Vegetation Monitoring
' Two sample plots for each vegetation community will be identified. Each sample plot will represent a 50' by
50' area. A permanent sample plot location will then be identified for this site. An observation plot will be
established with a 30' radius that will allow recording of the number and species of each surviving woody
' stem and the percent aerial cover of the three most dominant species. Within the 30' radius area, a 10'
radius representative sample plot will be established to record the dominant herbaceous species and percent
aerial coverage.
I

Mitigation sites will be monitored bi-annually during Marcb/April and again in August/September to
measure survival rate, species diversity, and growth as well as to identify any problems such as upland or
invasive wetland species. Invasive species removal will be as needed and will include the removal of such
plants as honeysuckle, poison ivy, blackberry, rose, kudzu and privet.
7.2 Vegetation Success Criteria
Successful bottomland hardwood mitigation will be when at least 60% or 320 woody stems per acre are
surviving for three consecutive years. A minimum of 288 woody stems per acre must be surviving in the
fourth year, and a minimum of 259 trees must be surviving in the fifth year. Successful scrub/shrub
mitigation will require 60% or 600 woody stems per acre surviving for five consecutive years or 75% aerial
coverage. Emergent mitigation will require 75% aerial coverage. It is expected that if these criteria are not
met, the site will be considered unsuccessful and maintenance will be needed to provide the required
quantity. A five (5) year monitoring program will be conducted for the bottomland hardwood, scrub/shrub,
and herbaceous communities or until the success criteria is met.
7.3 Hydrology Monitoring
Monitoring wells used to evaluate hydrological conditions. Monitoring wells will be designed, improved and
placed in accordance with the specifications in the USACE, Installing Monitoring Wells/piezometers in
wetlands (WRP Technical Note HY-lA-3.1, August 1993). Monitoring wells will be set to a depth of 24"
below final grade. The wells will be placed in vegetation sampling plots or transects to provide
representative coverage within each of the wetland system types. Hydrological sampling will be performed
for wetland type and reference location throughout the growing season at intervals necessary to satisfy the
hydrology success criteria. If feasible, a continuous monitoring well be utilized. It will be observed on a
weekly or twice per week or as needed basis for at least the first year in order to establish a record of the
hydrology throughout the year. A minimum of one well will be established for each of the created wetlands.
7.4 Hydrology Success Criteria
Saturation or inundation for at least 12.5% of the growing season at lower landscape positions during
average climatic conditions is the target hydrological characteristic. If wetland parameters are marginal,
USACE personnel will be consulted to determine the jurisdictional extent in transition areas. The data

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collected during the monitoring period will be used to evaluate the success of the mitigation sites. The
success criteria are as follows:
Observed or recorded evidence of soil saturation within 12" of the surface for a
minimum of 5% of the growing season.
7.5 Contingency Plan
These vegetative, soil and hydrological characteristics must be met to determine the success of the wetland
mitigation. If the mitigation is determined to be unsuccessful, one or more of the following contingency
plans will be implemented.
Selected reinstallation of vegetation or other maintenance (thinning or removal).
Extended monitoring periods.
Hydrological modifications or manipulation, and/or
Off-site mitigation sites, and/or
An acceptable alternative form of mitigation.
7.6 Report Submittal
An "as-built" plan drawing of the area, including initial species compositions by community type and sample
plot locations will be provided after the completion of planting. A review of the actual design, densities, and
quantities will also be included. These will be provided within 60 days of the completion of the planting.
Reports will document sample plot locations along with representative photographs illustrating site
conditions.
Annual monitoring reports will include:
Species and quantity of each surviving woody stem in the plot areas,
Estimated percent aerial cover of the dominant species,
Representative photographs,
Depth of water table during the monitoring period, and
Hydric soil observations and any other hydrological characteristics.
Explanations of problems and resolutions
Field data will be recorded on a monitoring data form and submitted along with photographs in an annual
report. Vegetation monitoring will occur in August and September of each year. This will be submitted to
the USACE and the NCDWQ within 60 days of the site monitoring.
After the fifth year of monitoring or until all success criteria are met, a Final As Built Report will be
provided for review and discussion regarding compliance of the project with conditions outlined in the
Permit and to determine if further monitoring or modifications are required. The As Built Report will be
submitted within 60 days of the mitigation site completion and serves as official notice of completion of
mitigation construction. The report will include:
1. Final Elevations
2. Photographs
4. Well Locations (if applicable)
3. Sample Plot Locations

F

5. Problems/Resolutions
6. Other Information as deemed appropriate
Planting Design
8.0 OPERATIONS AND MAINTENANCE PLAN
The mitigation areas will be monitored bi-annually to identify maintenance requirements that will encourage
the successful development of the wetland mitigation sites and function of the storm water quality measures.
This will include the following:
Vegetation management
Semi-annual inspections
Debris check after storm events
Establishment of a benchmark for sediment removal with specific elevations
Designation of a responsible party
8.1 Vegetation Management
The presence of invasive species that will effect the positive development of the wetlands shall be identified
at the monitoring periods and will be removed by the representative of the responsible party. These species
are likely to include honeysuckle, blackberry, rose, poison ivy, kudzu, eleagnus, ligustrum, cattails, etc.
Vegetation may be removed by physical or by the use of an approved chemical application.
8.2 Inspections
Mitigation areas will be monitored bi-annually during March/April and .in August/September or after storm
events. Each bi-annual or post storm monitoring event will determine the need for removal of debris and
identify any necessary repairs to the mitigation site such as those caused by erosion.
9.0 PROTECTION FROM FUTURE DEVELOPMENT
Upon completion of construction of the mitigation sites as - built drawings will be prepared. The survey will
include:
boundary of each area
finish grades
location of monitoring wells and sample plots
drainage control features
Other significant information, as required
The created wetlands will be protected in perpetuity from future impacts by the applicant or by a group
designated by the applicant for this purpose. Development of these areas will be deed restricted. Restrictive
covenants and legal descriptions will be developed for approval by the USACE and/or NCDWQ and will
include the following information:
' - That the area shall remain in its natural condition in perpetuity
Acreage of wetlands
Prohibition of the placement of utilities, filling, dredging, construction, or other activities.
A permanent easement for the purpose of constructing, monitoring, and maintaining the mitigation
area and preserved wetlands.

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Obligations if monitoring indicates that the area has not met the success criteria
Construction Schedule
Excavate unauthorized fill in wetlands and
floodway
Install and Maintain Sedimentation and
Erosion Control
Staking, Survey; Detailing of Stream
Wetland Cells;
Grading of Wetland Areas and restoration
of stream
Observe Hydrology of Reference Area
Research plant availability and
costs
- . 15 - 60 days after issuance
15 days after issuance
60 days after issuance
60 - 90 days after issuance
90 days - 180 days
upon issuance
Planting (may vary based on species)
and fine grading - seasonally dependent
(planting of mitigation areas will occur during the late fall and winter following the establishment of
hydrology within cells)
Monitoring - 180 after issuance
Monitoring will begin when planting of the is completed and continue semi-annually for 5 years. Mitigation
areas will be monitored bi-annually during March/April and August/September to measure survival rate,
species diversity, growth. First monitoring report will be conducted no later than March/April, 2001,
provided a permit has been issued by April 2000.
Changes in the planting schedule may be required due to hydrological factors such as site and weather
conditions. If planting is delayed then the soil will' be stabilized with an annual wetland grass mixture until
suitable hydrology has been established for planting, Changes in the schedule will . be reported to the USACE
and NCDWQ for review and approval. Plants that volunteer will be evaluated as to there suitability with the
mitigation plan to determine if they should be removed, remain or be relocated.
CONCLUSION
The 52 acre development will provide important economic benefits to the region. Based on the value of the
jurisdictional waters and wetlands on this site and with respect to the local neighborhoods, the developer has
chosen to balance the site's economic viability with its environmental value and permitability. The goal of the
proposed stormwater treatment and mitigation measures is to help balance the environmental consequences
of this development by restoring and creating beneficial wetland or riparian habitat and enhancing and
preserving the Jurisdictional Waters of the U.S. remaining on the site. The mitigation sites will be preserved
by the applicant or by a group designated by the owner for this purpose. They will be managed as a wetland
system of high value.

APPENDIX A
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1-48
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Providence Road at I-485 Property
Charlotte, Mecklenburg County, NC
Childress Klein Properties
Rate : September 10, 1999
Action I.D. #
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Providence Road at I-485 Property
Charlotte, Meeldenburg County, NC
Childress Klein Properties
Date : September 10, 1999
Action I.D, #
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Date : September I0, 1999
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Providence Load at 1-485 Property
Charlotte, Mecklenburg County, NC
Childress Klein Properties
Date : September lo, 1999
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G? UPLAND DEPRESSION SWAMP FOREST O. .•
WETLAND PRESERVATION SITE,,, APPROXIMATELY 18 TO 20 ACRES
WrIOATION SITE LOCATION/USOS PROJECT SITE
Providence Road at I-485 Property
Charlotte, Mecklenburb County, NC
' Childress Klein Properties
Date : September 10, 1999
' ketion I.D. 4
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' UPLM DEPRESSION SNA" FOREST
sites: Poorly drained upland flats or depressions. Usually on broad upland.
flats but occasionally an high ridge tops.
Soilev Various soils with drainage hindered by a clay hardpan or by shallow
rock. Typical series are 2redell (Typic Hapludalt), Misenheimer (Aquic Dystro-
chrept), Rirksey (Aquic Hapludult), Leakeville (Typic Albaqualf), and Picture
(Abruptic Argiaquoll).
Hydrology: palustrine, seasonally to intermittently flooded or saturated.
During dry periods water may be unavailable to plants.because of restricted
rooting depth and because the impermeable layer has kept the subsoil dry_
Vegetations Forest canopy usually dominated by Quercus phellos or Q. lyrata.
Other trees may be present, including Q. michauxii, LiquIdambar styraciflua,
Acer rubrum, Lirfodendron tullpifera, Nysse biflara, Quercus bicolor, Carya
' ovate, and occasional upland trees, particularly guercus stellata and Carya
carol.inae-septentrsonalls. Shrubs are usually sparse. Species may include
vaccinium fuscatum (atrococcum), V. corymbosum, Cephalanthus occidentalls, ilex
decidua, and viburnum dentatum. Herbs are usually sparse, with Carex species
' being most typical. Other species include alycaria septentrionalis, Juncus
effusus, Selaginalla apoda,.spirenthes cernua, Eleochsrls tenuis, and various
bottomland spring ephemerals such as elaytonia virginica. The mosses Climacium
' ameri.canuat and sphagnum lescurii are often abundant. In disturbed areas, vines,
primarily.Lonicera japonica, Toxicodendron (Rhus) radScans, Campsis radicans,
and vft15 rotund"alla, may proliferate.
' Dynamics; These communities are generally stable climaxes, maintained by their
hydrology. They may be susceptible to disturbance caused by unusually prolonged
flooding or by drought.
' Range: Scattered throughout the eastern and central piedmont and possibly the
upper Coastal Plain.
' Associations: Typically associated with Xeric Hardpan Forest and Basic Oak—
Hickory Forest but may grade into other upland forest types. Sometimes occurs
with Upland Poole.
Distinguishing Features: Upland Depression Swamp Forests are distinguished from
Upland Poole by having a closed tree canopy and a shorter hydroperiod. They are
distinguished from Hillside Seepage Dogs and Low Elevation Seeps by having
ponded rain and runoff water rather than seepage, as well as by different
species composition. The boundary with surrounding upland communities is the
point at which upland plant species become dominant. over wetland species. There
are Sometimes substantial zones of mixed domigance.
Variation: The canopy dominants are relatively constant but sites may vary in
associated species and in the lower strata. Differences in soils, particularly
between acidic and circumneutral types, are probably important in determining
composition, as is hydroperiod. Frye (1989), however, found no effect of soil
chemistry on sites on, iredell soils. He noted that the surface horizons were
acidic and that bases in the subsoil were unavailable because of the dryness
' there caused by low permeability. WETLAND PRESERVATION SITE DESCRIPTION
Providence Road at I-485 Property
197 Charlotte, Mecklenburg County, NC
' Childress Klein Properties
Date : September 10, 1999
1 Action I.D. 4

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Comments: Sites which hold enough standing water,seaaonally may be important'
breading sites for amphibians.
Upland Depression Swamp Forests are part of a characteristic suite of
communities on mific igneous or metamorphic rock, along with xeric Hardpan
Forest and Basic Oak--Rickary Forest. The.high bass levels in mafic rocks
contribute to the formation of montmorillonite clays which inhibit drainage.
Upland Depression Swamp Forests also form over acidic shales, and occasionally
on harder rocks.
Rare Plant species, Vascular -- Quercus b1co3or.
Synonyms:
Gabbro Depression.
Bottomland hardwoods (in part).
Examples:
Frogsboro Upland Depression Forest, Caswell Game Land, Caswell Co.
? Providence Flats Swamp, Mecklenburg Co.
Badin Upland Depression Swamps, Uwharrie stational Parent, Montgomery Co.
(Matthews 1979. Wella 1974).
Uwharrie Mafic Rock Area, Uwharrie National Forest, Montgomery Co.
South Butner Diabase Swamp, Granville Co.
Goshen Gabbro Forest, Granville Co. (LeGrand 1986).
Donnelley Bog site, Chatham Co. (Weakley 1985).
Meadow Flats, Duke Forest, Orange Co. (Ohmann 1980).
References% Frye (1989), LeGrand (1986), Hatthewe (1979), Ohmann (1980),
Weakley (1985), Wells (1974).
Sample Plant Communities:
Quercus pheZlos.
Quercus phellot-Q. lyrate.
Q. lyrata.
Carya ovate-Quercus blcolor.
Quercus phel2osr-g. bicolor.
puercus pheZlos/sphagnum lescuril.
HILLSIDE SEEPAGE. BOG
Sites: Piedmont areas which are constantly saturated by seepage. Small areas
on slopes or edges of bottomiands.
Roils: wet mucky soils. Soils are mapped as Cecil (Typic Hapludult), Colfax
(Aquic Fragiudult), and "mixed alluvial" but undoubtedly represent inclusions in
these map units.
Hydrologyt Palustrine, permanently saturated to intermittently dry.
198

' DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
' Wilmington, North Carolina 28402-1890
' Action ID No. 199931212 October 7, 1999
PUBLIC NOTICE
CHILDRESS KLEIN PROPERTIES, 2800 ONE FIRST UNION CENTER, 301 SOUTH
' COLLEGE STREET, CHARLOTTE, NORTH CAROLINA 28202-6021, has applied for a
Department of the Army (DA) permit TO CULVERT AND BACKFILL APPROXIMATELY
2,240 LINEAR FEET OF UNNAMED TRIBUTARIES TO FLAT BRANCH AND
APPROXIMATELY 1.24 ACRES OF FORESTED HEADWATER WETLANDS FOR
THE PURPOSE OF ACCOMODATING COMMERCIAL. AND RESIDENTIAL
DEVELOPMENT. THE PROJECT SITE IS LOCATED ON A 52.25 ACRE TRACT AT
' THE INTERSECTION OF I-485, BALLANTYNE COMMONS PARKWAY, AND
PROVIDENCE ROAD ON THE SOUTH SIDE OF CHARLOTTE, MECKLENBURG
COUNTY, NORTH CAROLINA.
' The following description of the work '
is taken from data provided. by the applicant and from
observations made during an onsite visit by a representative of the Corps of Engineers. Plans
' submitted with the application show a proposal to discharge approximately 20,000 cubic yards of
fill material into approximately 2,240 linear feet of headwater, intermittent stream channel and
' approximately 1.24 acres of forested, headwater wetlands. -Of the 2,240 linear feet of stream
channel to be impacted, approximately 660 linear feet of the channel was determined to have.
"unimportant" aquatic function. This indicates that this portion of channel has very low or no
' water quality or aquatic life function. The forested and scrub/shrub headwater wetland areas are
dominated by facultative, facultative. wet, and obligate plant species. Woody species include
willow oak, green ash, red maple, alder, silky dogwood, spicebush, and sweetgum. The rest of
the site is almost entirely in upland woodland use. The streams and wetlands originate on the
property at the very head of the Flat Branch, drainage system. Flow to the main stem of Flat
Branch just downstream from the lower end of the project site is cut off by 1-485. Drainage from
the site passes under the interstate through a 48-inch concrete culvert. Since Ballantyne
Commons Parkway and Providence Road are on the ridgeline, the upstream watershed is
minimal. The extensive grading required to prepare the site for development would impact the
streams and wetlands on this upper watershed.area.
In order to compensate for the proposed impacts to waters of the United States, the applicant has
submitted with the required permit application, conceptual plans showing proposed wetland and
stream channel mitigation. Should the requested permit be issued, the applicant intends to
implement a final mitigation plan concurrent with project construction. The conceptual
' mitigation plan proposes the construction of approximately 1.24 acres of wetlands on the lower
end of the property, preservation of 18 to 20 acres of upland swamp forest with additional upland

' buffer, restoration of approximately 1,600 linear feet of severely degraded stream channel
(including buffer establishment); and enhancement of additional somewhat degraded stream
channel (and buffer). Stream restoration goals for the degraded reach would include restoring
' and creating a self sustaining stable channel, improving habitat, and using natural materials to
improve aesthetics. The preservation and restoration/enhancement sites are located just
downstream from the project site in the Flat Branch watershed. A permanent conservation
easement would be placed on the mitigation property.
Plans showing the work are included with this public notice. The referenced stream and wetland
conceptual mitigation plans are available upon request and can be obtained by calling or writing
this office at the telephone/address listed below. The purpose of the work is to prepare the site
for development.
The State of North Carolina will review this public notice to determine the need for the applicant
to obtain any required State authorization. No Department of the Army (DA) permit will be
' issued until the coordinated State viewpoint on the proposal has been received and reviewed by
this agency, nor will a DA permit be issued until the North Carolina Division of Environmental
Management (NCDEM) has determined the applicability of a Water Quality Certificate as
' required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C.
' 1344). Any person may request; in writing within the comment period specified in the notice,
that a public hearing be held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
The District Engineer has consulted 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, and this worksite is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National Register constitutes the
extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of
the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed activity will
affect species, or their critical habitat, designated as endangered or threatened pursuant to. the
Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity and its intended use on the public interest.
Evaluation of the probable impacts, which the proposed activity may have on the public interest,
requires a careful weighing of all those factors which become relevant in each particular case.
' The benefits which reasonably may be expected to accrue from the proposal must be balanced

1
' against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and
if so the conditions under which it will be allowed to occur, are therefore determined by the
outcome of the general balancing process. That decision should reflect the national concern for
' both protection and utilization of important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects thereof. Among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values,
t fish and wildlife values, flood hazards and flood plain values (in accordance with Executive
Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply. and
conservation, water quality, energy needs, safety, ..food and fiber production, mineral needs,
' considerations of property ownership, and, in general, the needs and welfare of the people: For
activities involving the placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit would not comply
with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding
sentence and any other applicable guidelines or criteria, a permit will be granted unless the'
District Engineer determines that it would be contrary to the public interest.
' The Corps of Engineers is soliciting comments b g s from the public; Federal, State and local agencies
and officials; Indian Tribes and other interested parties in order to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, continents are used to, assess impacts on. endangered species, historic
' properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
' (NEPA).. Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
' Generally, the decision whether to issue this Department of the Army (DA) permit will not be
made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDWQ considers
whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army (DA)
permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water. Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
' The North Carolina Division of Water Quality (NCDWQ) plans to take final action in the
issuance of the Clean Water Act certification on or after October 22, 1999.
All persons desiring to make comments regarding
g the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality,
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NCDENR-DWQ-Wetlands Section 1621 Mail Service Center, Raleigh, North Carolina 27699-
1621, on or before October 22, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in this office,
Attention: Mr. Steve Chapin, until 4:15 p.m., October 29, 1999, or telephone [phone].

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