19961081 Ver 1_COMPLETE FILE_19961230

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt,. Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Noah Lazes
ARK Property Group
7992 Blue Water Court
Denver, NC 28037
Dear Mr. Lazes:
A&41 0
C) I== F1
January 15, 1997
Mecklenburg County
DWQ Project # 961081
You have our approval to place fill material in 0.19 acres of wetlands or waters for the purpose of
constructing a commercial development at Hwy 29 and Pavilion Blvd., as you described in your application
dated 22 December 1996. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit
Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
restond, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Ir. John Dorney
Central Files
Len Rindner
961081.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
ARK Ventures, Inc.
December 22, 1996
9 0 10 401 issUM
Mr. John Dorney
NCDEHNR
Division of Water Quality
Environmental Science Labs
4401 Ready Creek Road
Raleigh, NC 27607
Mr. Steve Lund
U. S. Army Corps of Engineers
151 Patton Avenue - Room 143
Asheville, NC 28801-5006
Re: 20 Acre Commercial Site at NC Hwy 29 and Pavilion Boulevard, Charlotte, NC
Dear Mr. Dorney & Mr. Lund:
We are requesting conformation of eligibility to utilize Nationwide Permit #26 to fill 0.19
acres of jurisdictional headwater. Leonard Rindner has reviewed our site with Mr. Steve
Lund of the Army Corps of Engineers and has suggested we submit for this request. We
have enclosed Mr. Rindner's initial study labeled as exhibit #1 and also a final site plan
showing the actual extents of wetlands labeled at exhibit #2. The rear pocket of wetlands
totaling approximately 0.79 acres was determined by the Army Corps of Engineers as
Below Headwaters and will not be disturbed. As shown the preservation of the rear
wetlands is being preserved by the installation of a retaining wall. The front wetlands
totaling approximately 0.19 acres were determined by the Army Corps of Engineers as
Headwaters and will be graded with the entire site grading. Site construction will adhere
to an approved sedimentation and erosion control plan.
We hope this provides you the necessary information to obtain eligibility for Nationwide
Permit 926. If you need any additional information Leonard Rindner can be reached at
[phone] and Noah Lazes with ARK Ventures can be reached at [phone].
Sincerely,
?'z
R
FcF/
Noah Lazes ?F©
Vice President
3 1?yA
4,?RO
cc:
Richard Lazes hM
NTyJsc/??c
onard S. Rindner
Le Fs
211 North College Street • Suite 101 Charlotte, North Carolina 28202 • Phone [phone] • Fax [phone]

EONARD S. RIND
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
July 29, 1996
Mr. Noah Lazes
ARK Property Group
7992 Blue Water Court
Denver, NC 28037
Re: Wetland Evaluation - 20 Acre-Commereiai-Site at NC lw 29 and P raCharlotte._ NC
Dear Mr. Lazes:
At your request I visited the ± 20 Acre commercial site off of NC Hwy 29 in Charlotte, NC on Thursday
July 25 to identify the presence of wetland areas that would require permitting if they are impacted by
development. An area is determined to be a wetland when it exhibits Hydric Soil, Hydrophytic Vegetation,
and Wetland Hydrology characteristics. These characteristics are required to be in accordance with the
definitions in the U.S. Army Corps Wetland Delineation Manual, 1987. Areas which exhibit these three
characteristics is identified as a wetland and permits may be required for development activities within these
areas. Surface waters such as perennial and intermittent creeks, and ponds are also subject to Section 404 of
the Clean Water Act. The extents were estimated based on man-made and topographic features. Areas south
of Mallard Creek and west of Stony Creek were not inspected- The estimate below does not include the area
of the creeks.
In summary the site does contain areas which exhibit wetland characteristics and surface waters.
BELOW HEADWATERS (See Permitting Issues)
Wetlands Associated w/ Stony and Mallard Creek Floodplain +0.80 to +1.00 acre
Approximate Total - Below Headwaters +0.80 to +1.00 acre*
HEADWATERS (See Permitting Issues)
Wetlands Associated w/ Intermittent Tributary +0.30 acres
Approximate Total - Headwaters - ± 0.30 acres'
In the future a wetland delineation may be necessary to determine the actual extents for specific site planning
and potential permitting requirements. The approximate map should be utilized for study purposes only and
is subject to USACE verification. In the future a wetland delineation may be necessary to determine the
actual extents for specific planning and permitting purposes. Headwaters/Below Headwaters determination
is determined by the USACE.
GENERAL DESCRIPTION
The wetlands on the site can be described as Palustrine Forested Broad - Leaved Temporarily Flooded
(PFOIA) and Palustrine Forested Broad - Leaved Seasonally Flooded (PFO1C). Palustrine Emergent
Seasonally Flooded (PEMIC) areas occur in the cleared rights-of-ways. The PFO1C wetland areas are
characterized by more saturated and ponded conditions with various depths of inundation. The largest
contiguous wetland areas occur between the floodway encroachment line and the floodway fringe near the
intersection of Pavilion Road and Mallard Creek and near intersection of Stony Creek and Highway 29. This
wetland is subject to inundation apparently from runoff apparently from upstream development and flooding.
Mr. Noah Fazes - Wetland Evaluation Report - ± 20 Acre Commercial Site. July 29, 1996, Page 2
As depicted on the approximate map there are apparently extensive areas of non-wetland floodpWn (subject
to USACE verification). Portions of this non-wetland floodplain could be valuable as potential mitigation
sites. Mallard Creek and Stony Creek in the vicinity of this project will be determined to be below
headwaters by the U.S. Army Corps of Engineers.
1) Hydric Soil
Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part. The soils in the floodplain are mapped as being
Monacan. According to Soil Conservation Service, Technical Guide-Section II-A-2, June 1991, Monacan
soils (Mo), are listed as Map Units with inclusions of hydric soils in Mecklenburg County.
2) Hydrophytic Vegetation
The wetland areas are forested in bottomland hardwoods and scrub/shrub except in cleared rights-of-ways.
The non wetland wooded are characterized by dense overgrowth due to succession from a clear-cut,
possibly Hurricane Hugo impacts, and old field succession. Dense areas of ligustrum and boxelder occur in
the understory throughout the well drained portions of the floodplain and along the tributaries. Vegetation in
wetland areas are dominated by Facultative Wet, and Obligate Vegetation including green ash, willow oak,
American elm, boxelder, sycamore, and others. Facultative vegetation such sweetgum, and red maple also
occur within the wetland areas. The shrub layer includes silky dogwood, spicebush and alder. The
herbaceous layer includes soft rush, sedges, duck potato, lizard tail, arrow-arum, and others. A dominance
Facultative Vegetation such as of sweetgum, tulip poplar, ligustrum, honeysuckle, paw-paw, and blackberry
are more characteristic of the non-wetland areas. The remaining upland areas of the site are well drained and
former agricultural. Wooded areas primarily consist of mixed hardwood forest and old field/disturbed land
succession.
Wetland Hydrology
Wetland hydrology is provided by flooding, groundwater seeps and springs at the base of the ridge, and
runoff from upstream development. Several required indicators were found. Stony Branch and Mallard
Creek are Water Classification - C and are in the Yadkin River Basin.
PERMITTING ISSUES
Probably the most important regulatory issue concerning the wetlands on this site initially is a "headwaters"
determination which is based on a review with the U. S. Army Corps of Engineers. Wetlands determined
adjacent to major creeks are "below headwaters". Mallard Creek and Stony Creek and adjacent wetlands in
the vicinity of the project are below headwaters. The smaller tributaries and adjacent wetlands are
headwaters. Wetland areas above the 100 year floodplain will probably be considered headwaters. However,
in rare cases wetlands in the 100 year floodplain of a major creek may qualify as headwaters (or isolated) if
they can be proven not to be adjacent. Ultimately, the USACE makes the final headwater and adjacency
determinations.
Jurisdictional wetlands which are determined "headwaters "(or isolated) could qualify for use under a
Nationwide Permit (NWP) 926. Based on current regulations a "Notification" application to the USACE
and/or the NCDEHNR Department of Water Quality (NCDWQ) to utilize this permit is not required for
wetland impacts of 1/3 acre or less for this type of wetland provided that certain standard conditions are
met. The NCDWQ would require notification at 1/3 Acre and the U.S. Army Corps of Engineers (USACE)
would require notification at 1 Acre. Most of these wetlands will generally be of high value (pollutant
removal, water storage, etc.) and avoidance and minimization efforts, and mitigation, if impacts are
permitted will probably be necessary. Commercial and industrial land uses are required to install stormwater
treatment ponds (wet detention) as a permit condition from NCDWQ. A Water Quality Certification from
NCDWQ is a requirement for a valid permit from the U.S. Army Corps of Engineers(USACE) even though
an actual application to USACE may not be a requirement if the impacts are under 1 Acre.
Mr. Noah Lazes - Wetland Evaluation Report - + 20 Acre Commercial Site
July 29, 1996, Page 3
If the project impacts over 1 Acre of headwaters, contact with the State Historic Preservation Office
(SHPO) and the U.S. Fish and Wildlife Service (USFWS) will be required, however they may also be
notified when impacts are over 1/3 acre by the NCDWQ. More information regarding cultural resources and
protected species may also be necessary.
Wetlands that do not qualify as headwaters or isolated are not eligible for this Nationwide Permit and
proposed impacts would require an Individual Permit (except under very limited circumstances). Individual
Permits are required for all activities in Waters of the U.S. that do not qualify for a NWP and are reviewed
on a case by case basis by the USACE, NCDWQ, and other agencies. There is also a Public Notice. Projects
that require Individual Permits are those which in the opinion of the review agencies may have a significant
impact on Waters of the U.S. due to their size, location, or other factors. Also the USACE may use
Discretionary Authority to elevate any NWP to Individual Permit status if the District Engineer determines
that issuance of a NWP may have more than minimal impact. By a Memorandum of Agreement, the EPA
and the USACE requires a strict mitigation sequence (no practicable alternative [avoidance], minimization,
and compensatory mitigation, be followed for all Individual Permits. It is generally understood that obtaining
an Individual Permit may be difficult. Establishing that there are no practicable alternatives is the most
important part and most difficult in the evaluation process.
Other Nationwide Permits may also be available for road crossings (NWP#14), utility lines(NWP#12), minor
discharges (NWP #18), and other specific and limited uses.
MITIGATION
The level of mitigation will usually reflect both the value and quantity of the wetland impacts. At this time
there are general USACE guidelines which provide mitigation ratios. However these are subject to change
and may be enhanced for impacts for high quality wetlands. The current USACE general guidelines are 1:1
for restoration; 2:1 for creation; 3:1 for enhancement; and 8:1 to 10:1 for acceptable preservation.
Mitigation types often occur in combination (i.e. restoration with buffer enhancement).
RECOM1KENDATIOM9
Obtaining a permit to fill wetlands which are below headwaters could be difficult and time consuming. At
this time I recommend confirming my preliminary determination with the USACE - especially the large area
near Pavilion Road and Mallard Creek, obtaining a headwaters determination for the particular wetland
areas, and discussing permit eligibility in a preliminary manner with the USACE and with NCDWQ. Perhaps
a portion of the wetland areas could be determined headwaters thereby potentially allowing you additional
permitting flexibility. Following this meeting the next step is to have the actual wetland extents delineated
and then verified by the USACE for specific site planning. It is recommended that the next phases also
include a review of schematic plans with the USACE and the NCDEM to obtain preliminary feedback
regarding their position on permit eligibility and conditions. I also suggest researching existing
documentation on protected species and cultural resources to see if any endangered species or
historical/archaeological sites have been previously identified on the site. Changes in federal and state
wetlands rules and re lations are effected in the near future and may have an impact on permitting
requirements and mitigation
.
Mr. Noah Lazes - Wetland Evaluation Report - ± 20 Acre Commercial Site
July 29,. 1996, Page 4
Please let me know if you have any questions, require further explanation, or would like to meet to discuss
the site and regulatory issues in more detail. Thank you for the opportunity to provide this important
information and I look forward to the possibility of working with you again in the future.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant

Z
O
Q
U
LL
R
W
W
U
V)
D
O
U
w
m
M
3 ?
N
r I;?I10?
MR ti •It ?
3.Yt
NVId MIS OLLWOHOS I 1
a
Vw)oHVo mHoWaLaownro
.t1H3dOHd 6Z kVMHJIH t ?

GHVA3inO9 N0I11AVd
yy aY alpp i i?

E
P, LU
w
\ \ \ ,? =
Nb\
IV:
- - '- -\x \
11911
\ ? ? \ "ID,
\ \
G
MR.-FR4 '4 \

0
w
Q
i.. w
\ D
\\ .. cn
\
w
\ ? C7 ?
\\ Z :? Q Z
\ \? O j W
O f-
\ \ ` i= J f ,raw W
\ W t
W
rstYiicj ?j%s 1 4
u
O W
yLt 3uCv'?? ?, W
f -gy m" y Q ? z'd }? K4 V) N
Q Q I
Z z
Q Q
U.1
Q
3 Gi o
' U Q
W
J 3
J 0
LLI
m
r f
z
0
0
LL
C7
z
0
Z
a
O
U
W
m
I
W
0.'
z
J
W
3
Q
F-
W
F-
a
?? r ? l?4
L ^ fir: E? t - 1
r t4,
?xj?Im"nRi ss a
a
N
0
Z
4
LJ
r
W
WL
r
Q
fi
X
a
a
4

i 1
;,'?. r_1 Siloam Ic. -:7J, If vx1. "- _
PEfA%
Nil
t r -
?? - { -
41
':•1 x+. - Q?'' 44 u \^ \ `rte _ -
- to !`'y ' ` % • _._ + _ / , t'f
1
..-.1' ? J ` ?z fry ,? ` ;-`?'`•"`y-- ? -
SITE
? i CFA 1 1 ,, t ? . r? l _ -x` .^ '•` •, r _
m
v"!
PF01A
r
-t: -\ ?- OIE '
t{ -• ?? !' ? Y.•.• j' - .?:r=- _ - • ?. _? /.tee=
1
PUBH
L NATIONAL WETLANDS INVENTORY MAP
?l

WPI
_ r-
:1 . r �f,Kx, ..5 � x >y 'a 'r, �'> • STs' 'Y 7f �� 'N'
L -0
io`.. o.
wk""✓/�� { t�b}'V'', '� '"..: l>T 3 xab -:L 'tit
En
WkD
w
�"�,� i"}� �'�3• "., � . °M1 ;�,,, �' � " ' `aMe. ^Gid � x :r �� Y� ' ;- C
°f6y. � �. R__ ``,�� Ab Fi+Y� Jp`� � 'nq�d�� s'�/i.• �/ ^may '# E Nc -f O `Sy �' -,
41 4'
,i3� �,�• s+W i (i � t it u!:.Z, i �:l .� '� i F '. -Xi k 'qt'�v 'Y� " .,. - ' ,T`;
�" �� ..?' r..�.Y Ks ..r .,/dam ,.x � .r s�7 �i'4 t, ^�• � �rn "�, `.
box ':'a.�i�s.'p.u'iuz• •*�X' N 'wY QM y�'!',�� ` a•W��,'�-SS
!Z
W kG ." D
C
l -,S
VAa
WkD
SITE
ar�„c
.L;
" EnB
vv
W k D
MEn
'e e
S � �
k,a M e WCD
MeD
r r. 14
SCS SOIL SURVEYJZ
r,
�, f
-

LEONARD S. RINDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
STATEMENT OF QUALIFICATIONS WETLAND PLANNING SERVICES
Over the past 20 years he has participated in project planning, design, and development on a wide range of
Commercial, Residential, Institutional, Recreational, Industrial, and Mixed-Use Developments. Project
involvement has also included roadway and utility planning. This Land Planning background has enabled him
to better understand, represent, and advocate development objectives while demonstrating sensitivity to
environmental concerns and laws that protect the overall environment with the regulatory community- He
has provided Wetland Planning Services since 1989.
"rofessional Education and Experience
May, 1975 Bachelor of Environmental Science, S.U.N.Y., College of Environmental
Science and Forestry, Syracuse, N.Y. (Bachelor of Landscape Architecture
in May, 1976)
Professional Licensing and bmtions
professional Wetland Scientist - Certified by Society of Wetland Scientists
Registered Landscape Architect - NC 578, FL 788
Member of the American Society of Landscape Architects
References
LandDesign Engineering Services, Inc.- Mr. Dale C. Stewart, Mr. Ray Waugh
LandDesign, Inc.- Mr. Larry Best, Mr: Brad Davis, Mr. Ed Schweitzer
The Crosland Group - Mr. Jim Merrifield, Mr. Peter Pappas, Ms. Pat Clontz
YMCA of Greater Charlotte - Mr. Bill Climer
The Harris Group - Mr. Terry Knotts, Mr. Ronnie Flehan
Crescent Resources Inc. - Mr. Stephen Schreiner
The Bissell Companies - Mr. Bailey Patrick, Mr. Yates Pharr
B. V Belk Investments - Mr. Tom Scott, Mr. Dan Purcell
Koury Corporation - Mr. John Musto
ColeJenest - Mr. Michael Cole, Mr. Dudley Stone
Biltmore Farms, Inc. - Mr. Ken Vasilik
North Carolina State University - Mr. Jon Cooper
East West Partners - Mr. George Krichbaum
Mr. James F. Matthews - University of North Carolina at Charlotte
Springland Inc. (Close Family Property) - Mr. Gene Purser
Mr. Marc Houle - Yarbrough-Williams Associates
Mr. Kevin Caldwell - WK Dickson and Associates
Consultation provided to other Land Planning and Engineering Firms, Development
Companies. He has developed strong working relationships with regulatory officials of
the:
- US Army Corps of Engineers, Wilmington District - Asheville and Raleigh Offices
- NC Division of Environmental Management - Raleigh, Mooresville, Winston-Salem
III
1111
7!1 1

cr
w
CL
0
CL
LO

N
Q
\\ J
A
v
n

?`? 11 ` •, \ ? ?? flit
O \
15
\ \ 0
:N
?Q
w
z
z
s
?dOp
?oo
two
\\\ \\\ \\\ \
\\\\ \\ \\\ \

w
INZ
Z
J
CL
0
J
r?? U
VI ?
UZ
Qg
W%
s
U°
cn
State of. North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Noah Lazes, V. President
ARK Ventures, Inc.
211 North College Street
suite 101
Charlotte, NC 28202
Dear Mr. Lazes:
e??
F== F1
January 21, 1997
Mecklenburg County
DWQ Project # 970021
You have our approval to place fill material in 0.19 acres of wetlands or waters for the purpose of
constructing a commercial development at Hwy 29 and Pavilion Blvd., as you described in your application
dated 22 December 1996. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit
Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786. -
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
entral Files
Len Rindner
S,on Howar , Jr. P
970021.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
U
December 22, 1996
Mr. John Dorney
NCDEHNR
Division of Water Quality
Environmental Science Labs
4401 Ready Creek Road
Raleigh, NC 27607
Mr. Steve Lund
U.S. Army Corps of Engineers
151 Patton Avenue - Room 143
Asheville, NC 28801-5006
ARK Ventures, Inc.

,0100
Re: 20 Acre Commercial Site at NC Hwy 29 and Pavilion Boulevard, Charlotte, NC
Dear Mr. Dorney & Mr. Lund:
We are requesting conformation of eligibility to utilize Nationwide Permit #26 to fill 0.19
acres of jurisdictional headwater. Leonard Rindner has reviewed our site with Mr. Steve
Lund of the Army Corps of Engineers and has suggested we submit for this request. We
have enclosed Mr. Rindner's initial study labeled as exhibit #1 and also a final site plan
showing the actual extents of wetlands labeled at exhibit #2. The rear pocket of wetlands
totaling approximately 0.79 acres was determined by the Army Corps of Engineers as
Below Headwaters and will not be disturbed. As shown the preservation of the rear
wetlands is being preserved by the installation of a retaining wall. The front wetlands
totaling approximately 0.19 acres were determined by the Army Corps of Engineers as
Headwaters and will be graded with the entire site grading. Site construction will adhere
to an approved sedimentation and erosion control plan.
We hope this provides you the necessary information to obtain eligibility for Nationwide
Permit #26. If you need any additional information Leonard Rindner can be reached at
[phone] and Noah Lazes with ARK Ventures can be reached at [phone].
Sincerely,

loah Lazes Fj??

Vice President ®

?9
P
?T
cc: LeRichard Lazes
onard S. Rindner
9?s°IFN?F

211 North College Street - Suite 101 Charlotte, North Carolina 28202 - Phone [phone] - Fax [phone]

LEONARD S RINDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
July 29, 1996
Mr. Noah Lazes
ARK Property Group
7992 Blue Water Court
Denver, NC 28037
Re: Wetland Evaluation - 20 Acre Commercial Site at NC Hwy 29 and Pavilion Boulevard. Charlotte. NC
Dear Mr. Lazes:
At your request I visited the ± 20 Acre commercial site off of NC Hwy 29 in Charlotte, NC on Thursday
July 25 to identify the presence of wetland areas that would require permitting if they are impacted by
development. An area is determined to be a wetland when it exhibits Hydric Soil, Hydrophytic Vegetation,
and Wetland Hydrology characteristics. These characteristics are required to be in accordance with the
definitions in the U.S. Army Corps Wetland Delineation Manual, 1987. Areas which exhibit these three
characteristics is identified as a wetland and permits may be required for development activities within these
areas. Surface waters such as perennial and intermittent creeks, and ponds are also subject to Section 404 of
the Clean Water Act. The extents were estimated based on man-made and topographic features. Areas south
of Mallard Creek and west of Stony Creek were not inspected. The estimate below does not include the area
of the creeks.
In summary the site does contain areas which exhibit wetland characteristics and surface waters.
BELOW HEADWATERS (See Permitting Issues)
Wetlands Associated w/ Stony and Mallard Creek Floodplain +0.80 to +1.00 acre
Approximate Total Below Headwaters +0,80 to +1.00 acre's
HEADWATERS (See Permitting Issues)
Wetlands Associated w/ Intermittent Tributa1y +0.30 acres
Approximate Total - Headwaters ± 0.30 acres'
In the future a wetland delineation may be necessary to determine the actual extents for specific site planning
and potential permitting requirements. The approximate map should be utilized for study purposes only and
is subject to USACE verification. In the future a wetland delineation may be necessary to determine the
actual extents for specific planning and permitting purposes. Headwaters/Below Headwaters determination
is determined by the USACE.
GENERAL DESCRIPTION
The wetlands on the site can be described as Palustrine Forested Broad - Leaved Temporarily Flooded
(PFOI A) and Palustrine Forested Broad - Leaved Seasonally Flooded (PFO1 C). Palustrine Emergent
Seasonally Flooded (PEMIC) areas occur in the cleared rights-of-ways. The PFO1C wetland areas are
characterized by more saturated and ponded conditions with various depths of inundation. The largest
contiguous wetland areas occur between the floodway encroachment line and the floodway fringe near the
intersection of Pavilion Road and Mallard Creek and near intersection of Stony Creek and Highway 29. This
wetland is subject to inundation apparently from runoff apparently from upstream development and flooding.
r'
Mr. Noah Fazes - Wetland Evaluation Report - ± 20 Acre Commercial Site .July 29, 1996, Page 2
As depicted on the approximate map there are apparently extensive areas of non-wetland floodplain (subject
to USACE verification). Portions .of this non-wetland floodplain could be valuable as potential mitigation
sites. Mallard Creek and Stony Creek in the vicinity of this project will be determined to be below
headwaters by the U. S. Army Corps of Engineers.
1) Mdric Soil
Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions in the upper part. The soils in the floodplain are mapped as being
Monacan. According to Soil Conservation Service, Technical Guide-Section 11-A-2, June 1991, Monacan
soils (Mo), are listed as Map Units with inclusions of hydric soils in Mecklenburg County.
,2) Hydrophytic Vegetation
The wetland areas are forested in bottomland hardwoods and scrub/shrub except in cleared rights-of-ways.
The non wetland wooded are characterized by dense overgrowth due to succession from a clear-cut,
possibly Hurricane Hugo impacts, and old field succession. Dense areas of ligustrum and boxelder occur in
the understory throughout the well drained portions of the floodplain and along the tributaries. Vegetation in
wetland areas are dominated by Facultative Wet, and Obligate Vegetation including green ash, willow oak,
American elm, boxelder, sycamore, and others. Facultative vegetation such sweetgum, and red maple also
occur within the wetland areas. The shrub layer includes silky dogwood, spicebush and alder. The
herbaceous layer includes soft rush, sedges, duck potato, lizard tail, arrow-arum, and others. A dominance
Facultative Vegetation such as of sweetgum, tulip poplar, ligustrum, honeysuckle, paw-paw, and blackberry
are more characteristic of the non-wetland areas. The remaining upland areas of the site are well drained and
former agricultural. Wooded areas primarily consist of mixed hardwood forest and old field/disturbed land
succession.
3) Wetland Hydrology
Wetland hydrology is provided by flooding, groundwater seeps and springs at the base of the ridge, and
runoff from upstream development. Several required indicators were found. Stony Branch and Mallard
Creek are Water Classification - C and are in the Yadkin River Basin.
PERMITTING ISSUES
Probably the most important regulatory issue concerning the wetlands on this site initially is a "headwaters"
determination which is based on a review with the U.S. Army Corps of Engineers. Wetlands determined
adjacent to major creeks are "below headwaters Mallard Creek and Stony Creek and adjacent wetlands in
the vicinity of the project are below headwaters. The smaller tributaries and adjacent wetlands are
headwaters. Wetland areas above the 100 year floodplain will probably be considered headwaters. However,
in rare cases wetlands in the 100 year floodplain of a major creek may qualify as headwaters (or isolated) if
they can be proven not to be adjacent. Ultimately, the USACE makes the final headwater and adjacency
determinations.
Jurisdictional wetlands which are determined "headwaters "(or isolated) could qualify for use under a
Nationwide Permit (NWP) #26. Based on current regulations a "Notification" application to the USACE
and/or the NCDEHNR Department of Water Quality (NCDWQ) to utilize this permit is not required for
wetland impacts of 1/3 acre or less for this type of wetland provided that certain standard conditions are
met. The NCDWQ would require notification at 1/3 Acre and the U.S. Army Corps of Engineers (USACE)
would require notification at 1 Acre. Most of these wetlands will generally be of high value (pollutant
removal, water storage, etc.) and avoidance and minimization efforts, and mitigation, if impacts are
permitted will probably be necessary. Commercial and industrial land uses are required to install stormwater
treatment ponds (wet detention) as a permit condition from NCDWQ. A Water Quality Certification from
NCDWQ is a requirement for a valid permit from the U.S. Army Corps of Engineers(USACE) even though
an actual application to USACE may not be a requirement if the impacts are under 1 Acre.
Mr. Noah Lazes - Wetland Evaluation Renort - :t20 Acre Commercial Site
July 29, 1996, Page 3
If the project impacts over 1 Acre of headwaters, contact with the State Historic Preservation Office
(SHPO) and the U.S. Fish and Wildlife Service (USFWS) will be required, however they may also be
notified when impacts are over 1/3 acre by the NCDWQ. More information regarding cultural resources and
protected species may also be necessary.
Wetlands that do not qualify as headwaters or isolated are not eligible for this Nationwide Permit and
proposed impacts would require an Individual Permit (except under very limited circumstances). Individual
Permits are required for all activities in Waters of the U.S. that do not qualify for a NWP and are reviewed
on a case by case basis by the USACE, NCDWQ, and other agencies. There is also a Public Notice. Projects
that require Individual Permits are those which in the opinion of the review agencies may have a significant
impact on Waters of the U.S. due to their size, location, or other factors. Also the USACE may use
Discretionary Authority to elevate any NWP to Individual Permit status if the District Engineer determines
that issuance of a NWP may have more than minimal impact. By a Memorandum of Agreement, the EPA
and the USACE requires a strict mitigation sequence (no practicable alternative [avoidance], minimization,
and compensatory mitigation, be followed for all Individual Permits. It is generally understood that obtaining
an Individual Permit may be difficult. Establishing that there are no practicable alternatives is the most
important part and most difficult in the evaluation process.
Other Nationwide Permits may also be available for road crossings (NWP#14), utility lines(NWP912), minor
discharges (NWP #18), and other specific and limited uses.
MITIGATION
The level of mitigation will usually reflect both the value and quantity of the wetland impacts. At this time
there are general USACE guidelines which provide mitigation ratios. However these are subject to change
and may be enhanced for impacts for high quality wetlands. The current USACE general guidelines are 1:1
for restoration; 2:1 for creation; 3:1 for enhancement; and 8:1 to 10:1 for acceptable preservation.
Mitigation types often occur in combination (i.e. restoration with buffer enhancement).
RECOMMENDATION.!
Obtaining a permit to fill wetlands which are below headwaters could be difficult and time consuming. At
this time I recommend confirming my preliminary determination with the USACE - especially the large area
near Pavilion Road and Mallard Creek, obtaining a headwaters determination for the particular wetland
areas, and discussing permit eligibility in a preliminary manner with the USACE and with NCDWQ. Perhaps
a portion of the wetland areas could be determined headwaters thereby potentially allowing you additional
permitting flexibility. Following this meeting the next step is to have the actual wetland extents delineated
and then verified by the USACE for specific site planning. It is recommended that the next phases also
include a review of schematic plans with the USACE and the NCDEM to obtain preliminary feedback
regarding their position on permit eligibility and conditions. I also suggest researching existing
documentation on protected species and cultural resources to see if any endangered species or
historical/archaeological sites have been previously identified on the site. Changes in federal and state
wetlands rules and regulations are expected in the near future and may have an iMact on permitting
requirements and miti ation.
Mr. Noah Lazes - Wetland Evaluation Report - ± 20 Acre Commercial Site
July 29,.1996, Page 4
Please let me know if you have any questions, require further explanation, or would like to meet to discuss
the site and regulatory issues in more detail. Thank you for the opportunity to provide this important
information and I look forward to the possibility of working with you again in the future.
4-9
Leonard S. Rindner, PWS
Environmental Planning Consultant
1w.
M
'Ark
kp
M
'Ark
kp

it ,
w
CL
0
m
L
_ I
LO
I
r
Y r?^
?--------------------- ----- -
QNA3Y108 NOrAAVd

-YijTyf"y]-A I
?'' `a ?'` g 1 III.
i
`I 1 ` 1
` \ 0 1 ,
V ?
\ \ \ a d i 1. i .
1 ?
TOD \\ \
\ J.
l '10.
\\
doo
\ \ i
I \
Z
J
a.
U
3
0
J
r_n td
V! ?
z
UW
P
< g
0
Wn
O
U°
CO N
41
) 5c
'M r- 2 7)
t??Q??...L_? ? ...1 ? , .`\ '` `\ t?}-•`?.
1f l -' 7tlx? \ r'`\\ •\? \? \`; 'yi /'•?"-L`J 'i 1 ••'?_t?` lrr 1 r/_
:p
X'N
/-?.?? i / ` ? tip.,,- ?`,\^?`T'.?V??.\ '` ` i ? ` r? ,` i `•? / /??i// .-?-...': ..- --.'r_ r `f'` If ` ?• tt r•\• ,`,`. - • t fv? 14•"?~`\ 1, ??,
PUB
?;". Rv
R2LJ
Sj(3 i ?? r.`,-?,`-ice.- / t I ^` p f`\,_/.•i p ?:t r j?\
?????• l ,` .!- •a.?' t rte, ^ it ?`. .'1.• ! t ?\ti ° ?•
^`` ,f i \1 ` t .t,? .-/' - •.!? ;r1/' .`?`+?`Y,f: jj i `; ;'`, r t .i?'i `•}i+s < i '?• .?`•`\,_
'- ?``~t •'`Ji. '•'1 ?;':, tt4i/ ?•?, ?...? 'j •y il.:-fly ?3_"_ 'i
qtr-?~` 4 .,ii ? f. ?, ? J 7 -,- <: tom..-.,•?`j .?, ? j ? ti????l? r?? `_?`-_?.•?.• ?? ? .. ' .
r `` t r i'•:i'/'/?t. ; '} , _?' SITE _'?? .r•'?,.. `= •'? - _-,-`? y ~'J~^`t\, -
\Z\ \
l{ .. r ,\. ?: -_?...•:a^•%- :..... ?•:•/ of '
RUA:
PFO(C
li N,
?--?
PFO
may, r ±.-` 1 NATIONAL WETLANDS INVENTORY MAP
R '.? /? 's'/A '4?? a Y.)I'0' z ..? X11• - ' 'W t :J,? £
y s.' ''t
..r s y M e6
W x
r.. C
din --------- T-77 Ur' '?
nD ?. CeB2 CeB s ^
;E "` ?' ? -:" rte' ?,r,?z ?? '?. '? ?'? ? ° ,•
EnB ,.?^? r. r
? r3.. of .Y i ?? r at •. .-
'tg _ E ?'
WkB
s v-
fly.
t[ R4
En w kE
w W kE
WkE"A r t WkD ?:
`MO,
WkB z2
SITE ?• ;.
, .41
40
EnB
? R I,JY nS '? •:
,i
RE ?i M
Al"
MeD
' r
a a r< ?" SCS SOIL SURVEY
- , , ,
LEONARD S. RINDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
STATEMENT OF QUALIFICATIONS - WETLAND PLANNING SERVICES
Over the past 20 years he has participated in project planning, design, and development on a wide range of
Commercial, Residential, Institutional, Recreational, Industrial, and Mixed-Use Developments. Project
involvement has also included roadway and utility planning. This Land Planning background has enabled him
to better understand, represent, and advocate development objectives while demonstrating sensitivity to
environmental concerns and laws that protect the overall environment with the regulatory community. He
has provided Wetland Planning Services since 1989.
Professional Education and Experience
May, 1975 Bachelor of Environmental Science, S.U.N.Y., College of Environmental
Science and Forestry, Syracuse, N.Y. (Bachelor of Landscape Architecture
in May, 1976)
Professional Licensing and Affiliations
Professional Wetland Scientist - Certified by Society of Wetland Scientists
Registered Landscape Architect - NC 578, FL 788
Member of the American Society of Landscape Architects
Ref=aces
LandDesign Engineering Services, Inc.- Mr. Dale C. Stewart, Mr. Ray Waugh
LandDesign, Inc.- Mr. Larry Best, Mr: Brad Davis, Mr. Ed Schweitzer
The Crosland Group - Mr. Jim Merrifield, Mr. Peter Pappas, Ms. Pat Clontz
YMCA of Greater Charlotte - Mr. Bill Climer
The Harris Group - Mr. Terry Knotts, Mr. Ronnie Flehan
Crescent Resources Inc. - Mr. Stephen Schreiner
The Bissell Companies - Mr. Bailey Patrick, Mr. Yates Pharr
B. V Belk Investments - Mr. Tom Scott, Mr. Dan Purcell
Koury Corporation - Mr. John Musto
ColeJenest - Mr. Michael Cole, Mr. Dudley Stone
Biltmore Farms, Inc. - Mr. Ken Vasilik
North Carolina State University - Mr. Jon Cooper
East West Partners - Mr. George Krichbaum
Mr. James F. Matthews - University of North Carolina at Charlotte
Springland Inc. (Close Family Property) - Mr. Gene Purser
Mr. Marc Houle - Yarbrough-Williams Associates
Mr. Kevin Caldwell - WK Dickson and Associates
Consultation provided to other Land Planning and Engineering Firms, Development
Companies. He has developed strong working relationships with regulatory officials of
the:
- US Army Corps of Engineers, Wilmington District - Asheville and Raleigh Offices
- NC Division of Environmental Management - Raleigh, Mooresville, Winston-Salem
J1 ,
all!
W
CL
'O
O
L /
N fill
--------------------- ----
\\
Fill ill I 11111111 111am
\ \ t? M
t\ \ \ es• ' v

v
1
5ti
fi
3
Q
at
IN
r
S
\E) 19
\\ \ \ \ `O \ •? U J ?.
00
\\
,.
\ v
O
\\\\\\ ??\ ?\\ BOO \\ ? /

z
s
i

.01
00
00
C -?
i
\\\ \\ \\ ??ar/iii
\
y
O ° e
z
J
a.
J
rn U
UW
P
SQ Q?
W%
0
Ur/A,°
V/ N