19961152 Ver 1_COMPLETE FILE_19961220

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
April 23,1998
Mecklenburg County
DWQ Project # 961152
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Dominion Development N.C. Corp.
3190 Northeast Expressway; Suite 400
Atlanta, GA 30341
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 125 linear feet of streams for the purpose of constructing a road crossing at Chaucer Place
at Ballantyne Commons Parkway, as you described in your application dated March 24, 1998. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3103. This certification allows you to use Nationwide Permit Number 14 when
the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion Control;
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project. you must notify us and to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 1`A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional wetlands
and waters to restrict future wetland and/or water impact. These mechanisms shall be put in place within 30
days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. Off-site sediment and excess fill located in the 0.70 acre wetland site at the road crossing shall be removed
as required in DWQ Certification dated January 21,1997. This fill shall be removed to the satisfaction of
DWQ staff before any additional impact to streams occurs for this new project. DWQ's Mooresville Regional
Office shall be contacted for a site visit to verify this remediation effort before any additional impact occurs.
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.
Sin y,
s on Howard, Jr. P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Feld Office
Mooresville DWQ Regional Office
Central Files
Len Rindner
Terry Knotts; Ballantyne Corp. 961152.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Eric G
From: Parker, Michael [[e-mail]]
Sent: Wednesday, April 22, 1998 9:10 PM
To: Eric Galamb
Subject: DWQ Project 961152
Eric,
Len Ridner needs a favor. He needs the subject 401 issued ASAP. My
(MRO) comments can be found on the SR form located on the Wetlands
Tracking Page. Len has also requested that DWQ add a time frame
(limit) of 60 days from the issuance date of the 401 for the original
owner to remove the sediment from the wetland that has been impacted.
I concur with his request. I appreciate you help on this matter.
Michael L. Parker
704-663-1699
704-663-6040 (fax)
[e-mail]
MEMORANDUM
TO: John Dorney Regional Contact: Michael Parker
Non-Discharge Branch WO Supervisor: Rex Gleason
Date: 4/17/98
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility: Name BALLANTYNE County rrMECKLENBURG
Project Number 96 1152 County2'
Recvd From APP Region Mooresville
Received Date 3/24/98
Project Type constructing a subdivision and road crossing
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim._ Supp. Basin Req. Req.
14 BLH O Y _0N F-- 11-137-9 ?C [--030834 F--
Mitigation Wetland
MitigationType Type Acres Feet
Restore F- 0.70 F_ j
Is Mitigation required? ® Y O N
Did you request more info? O Y ® N
Is Wetland Rating Sheet Attached? O Y ® N
Have Project Changes/Conditions Been Discussed With Applicant? ® Y Q N
Comments: Recommendation: Q Issue ® Issue/Cond 0 Deny
Stream lengtjipacted is 125 feet. Approximately 1.4 acres has been graded for mitiaa
tion,
however, the site has yet to he plante ?
d with vegetation. Retaining wall is to be constructed prior to
disturhance according to apnli .ant's .ons ltsnt n Ridn .r. R ..omm .nd iss ianc . of the
Certification provided the original own er's of the site removes the sediment from the wetland at the
e
road crossing as per original 401 Ce
rtification (#961152) dat .d 1sn iary 91, 1997_
cc: Regional Off ice
Central Office
G , t..
REVISED
Chaucer Place
Mecklenburg County,
North Carolina
(Revised to Withdraw Request for Nationwide Permit #26)
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
a <<;e
NATIONWIDE PERMITS THAT REQUIRE ` ,.... `L
SECTION 401 CERTIFICATION CONCURREN?#T ;l
Prepared For:' "
Dominion Development -N.C. Corp.
3190 Northeast Expressway, - Suite 400
Atlanta, Georgia, 30341
[phone]
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
*Subject to verification by the USAGE
Date : 3/98
1
r
DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): lA*
t0cllort ?
wlu ,T
PRE-CONSTRUCTION NOTIFICAT ON?APPLICCAAT ON
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL 2lANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Domtntor% - N.G. Goep.
2. MAILING ADDRESS: 31go IUo.-Scott' >cPre_"\-ot%r - 4501+c, 40o
SUBDIVISION NAME:
CITY: A_Ha^+ •• STATE: VCprq?Q. ZIP CODE:
PROJECT LOCATION ADDRESS,
MAILING ADDRESS ABOVE):
ChG.., Ito ff G, tic c.
3. TELEPHONE NUMBER (HOME):
SUBDIV,;SION.NAME (IF DIFFERENT FROM
(WORK) : 7?0 ,9464 (POSE
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr. ?1 It?+ LrwtS .• Sawa, Gt.S a ?'e.
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AER PHOTOG PHY WITH SCALE):
COUNTY: a Gh tX?1 NEAREST TOWN OR CITY: b

1

r
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.): tIur of ci Q. S 95V -
O^? Ccr rL ??Mr1?l0?S lit??
6. IMPACTED OR NEAREST STREAM/RIVER: ^Aa "'-'- i ly, 6AR/L t Cyr pt r,
RIVER BASIN: [ fil76J;,?
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II) ? YES [ ] NO [.-? IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES e-T- NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCDPY OF 401
CERTIFICATION): C7[G. V 4^cz
-0
* acco-+Icw% 1.5 a-
8b. ARE?DITTAIF?PJ''II?hR QU
FUTURE? YES [/]? NO [ - IF YES,
w, l
S _ CTL FOR THIS PROPERTY IN THE
DESCRIBE ANTICIPATED WORK:
has-! hG rGq y o d -6 Calm R ,"cI S r{'
91 1
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:.
.11
00-1
ror Jvr+ sell c-Ho^al ? 2

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: 0 FT
IKCI JGlGS mG6e qv) 2 /r AS # FT
WIDTH BEFORE ( ased on normal high water contours):
WIDTH AFTER: 0 FT
AVERAGE DEPTH BEFORE: FT AFTER: 0 FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: ?
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
V1
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
n
13. PURPOSE OF PROPOSED WORK:
0 v) Yhi n-f" .-]I- M 1J rt 1 -tWWM f
3
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 3 1/2" X 11" DRAW
ONLY): I 1 t

fQ
rKpadvvcca
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.) 45 - 42A, /_ _ 1
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
d9t_ 4&&-e-J
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [J NO [ IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES (I NO
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [J NO []
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 2.7603-8003, TELEPHONE [phone]..
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS):
° • THE FOLLOWING IT7,%5 SHOULD BE INCLUDED WITH .KS APPLICATION IF
PROPOSED ACm_VI:Y INVOLVES THE DISCHARGE OF EXCAVATED CR FILL MATERIAIT
,INTO WETLANDS :
a. WETLAYD DEL.F.NZATION MAP S.?OWT-NG ALL WETLA,110S, STRWAMS, .I,P?CES
+ D PONAS ON THE PPOP.FO-, I (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21',- 26,
29, AND 38). ALL STREIgMS (INTERMITTENT AND PERMP.NEN.) ON THE PROP PERT:
kUS--T BE SHOWN •ON ^t HP, MAP, Mkp SCArZ;S SHOULD BE 1 INCH EQUALS SC. FEET ,OR i
INCn EQUALS 100 FEET OR TLHEIR EQUIVALENT.
b, I AVAILABLE, REPRESENTATIVE PlljOTOGRA°E: CF N ::,.;t-N 05 TO $?
G". IF DEi,IPI1ON WAS PERFORMED BY A CONSULTP.;?i:', lNCLUIDE• ALL DATA
G.
S"uu :O T PLACEMENT O, THE D
.. ? L VCL?1T ?? ? UT:zNiiAT zGi3 ..,iii .
d. ATT. C;i. r? COPS.' OF :HE STC?A$dnT?rZ MP.,?1AGcMcNT pLA:d ?r R= •'
e. WHAT IS L;L.Nrig USE CF SURROUNDING PROPERTY?
X • YF A? ?"CrBLE, GF;?yT SS PROOSe D MwiLI00 0-
,
c ?1?,zc DISPGSA:,?
y S_GN-7) AND DAT_. TETT-r IF sP _
NO= WETLANDS $ OR WATERS OF T'r' U.S.
MAY NOT B-- IMPACTED PRIOR TO.
1) ISSUANCE OF A SZCTION 4'04 CORPS OF ENGINEERS PERY.IT,
2) EITHER THE !SSUANCS OR WA;VEI OF A 401 DIVISION OF
E.N-VIRONMENT'AI, MANAGEMENT (WATER QUALITY) CERTi=ICATION, AND
3) (IN Tnc T TY COASTAL COUNTI 9 ONLY) , A LETTER FROM THZ
NORTH CAROLINA DIVISION OF COASTAL MANAGE'.lSNT STATING THT. PROPOSED
TIVI TY IS CONSISTENT WITH THE NgF2'H CAROLINA COAS:A.. 1-4NAG£MENT
PROGRAM.
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..
4 ?
5
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L?F T E'
TOTHL. P-0-1
LEONARD S RMNL+ R
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
March 21, 1998
Mr. Steve Chapin / Mr. Steve Lund
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Domey
Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: devised Chaucer Place - ± 22 Acres, Charlotte. Mecklenburg County North Caroll
Nationwide Permit #14.
Reauest for NWP # 26 - Withdrmvn
Dear Sirs:
On behalf of my client, Mr. Elliot Lewis of Dominion Development, I am requesting confirmation of
eligibility to impact ± 125 If of surface water channels to make a road crossing using Nationwide Permit #14.
As depicted on the plan and in this report the developer has taken great care in avoiding over 520 If of the
stream within common open space and has completely avoided impacts to important bottomland hardwood
wetlands adjacent to a perennial tributary of McAlpine Creek. The wetlands are protected by a 25'
undisturbed buffer.
BACKGROUND
The proposed multi-family residential development is on 22 acres in south Mecklenburg County, North
Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth especially
in conjunction with the Charlotte Outer Belt, which passes north of the site. Current land use in the vicinity
includes single family subdivisions, multi-family, office, and business developments. There are approximately
0.77 acres of jurisdictional surface waters and wetlands on the project site. Approximately 99% of the
jurisdictional surface waters and wetlands on the site will remain. All fill material will be unpolluted and
appropriate measures to control sedimentation and erosion will be employed. Wetlands and streams which
will not be disturbed will be protected during construction from damage due to construction traffic, drainage
and other forms of disturbance.
The hydrology to the remaining wetlands and streams will be maintained and enhanced by utilizing the storm
drainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic
life functions.
Chaucer Place, Page 3, March 21, 1998
Mr. Steve Lund / Mr. Steve Chapin - USACE, Mr. John R Dorney - NCDWQ
Request for NWP 14
Surface Waters Intermittent tributaries (± 6451f) ± 0.07 ac.
Wetlands + 0.70 ac.
Approximate Total - Waters of the U.S. ± 0.77 ac.
SUMMARY OF IMPACTS
Surface Waters Intermittent tributary ± 125 if ±0.01 ac.
(NWP #14)
Wetlands + 0.00 ac.
Approximate Total - Waters of the U.S. ± 0.01 ac.
The pond (approximately.50 acres and associated spillway are non jurisdictional).
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey, aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination, indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual.
General Wetland Classification and Description
The limited wetlands on this site can be describe as Palustrine Forested Broad - Leaved Temporarily
Flooded and Seasonally Flooded. They have formed in perched water table conditions, in flat to nearly level
areas and depressions often typical of hydric inclusions in Monacan soils (Mo).
Vegetation
A majority of the site is in a forested state in various stages of old field succession. The wetland areas are
generally forested. Species which occur in these areas include Green Ash, Sweetgum, Red Maple, Willow
Oak, 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,
microstegium and others. Hydrophytic Vegetation has been identified according to the National List of Plant
Species That Occur in Wetlands: Soothe st (ate ion US Department of the Interior, Fish and Wildlife
Service
Hydric Soils
None of the soils are listed as Hydric according to the National List of Hydric Soils. 1991. They have
formed in seasonal water table conditions, in flat to nearly level areas and depressions often typical of
Monacan soils (Mo). Monacan soils (Mo) may have hydric inclusions according to the Natural Resource
Conservation Service, Technical Guide-Section II-A-2, June 1991.
Chaucer Place, Page 4, March 21, 1998
Mr. Steve Lund / Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 14
Hydrology
The pond, wetlands, and streams are headwaters of McAlpine Creek which are part of the Catawba River
Basin and currently classified a Class C - aquatic life propagation and survival, fishing, wildlife, secondary
recreation, and agriculture. Wetland hydrology is provided by a surface runoff, overbank flooding and
ponding, seeps, and springs over a clayey subsoil.
WETLANDS PERMITTING AND MITIGATION
The layout avoids impacts to wetlands, avoids impacts to the perennial tributary and minimizes impacts to
intermittent tributaries which exhibit important characteristics such as persistent pools and/or saturated
channel bottom; evidence of macro-invertebrates; reduced soils, algae; hydrophytic vegetation in or adjacent
to the channel; evidence of wildlife utilizing the stream; and manifested only limited sandy channel substrate.
Except for temporary construction and development impacts, we believe that the proposed project will not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U.S. A 25'
undisturbed buffer will be maintained around existing wetlands to be preserved.
Avoidance. Minimization. and Mitigation
Best Management 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) Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
f) Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage
to wetlands. The contractors will be held responsible for unauthorized wetland damage not
permitted according to plans and specifications. Preconstruction meetings shall be held if necessary
with representatives of the USACE and the NCDWQ.
g) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery.
h) 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.
i) 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.
PROPOSED COMPENSA TOR Y MITIGA TION
A mitigation plan will be developed for a "no net loss" of wetland habitat, value, and function to the extent
feasible on this site. The &9-d of this plan is to preserve, protect, the extents of the existing wetlands and
streams. A minimum 25' natural buffer consisting of existing woodland along streams will be maintained.
The buffer area will be protected by silt fence or other best management practices. Clearing required for
utilities in the buffer shall be the minimum necessary. A natural/native grass mixture shall be utilized in lieu
of turf grasses such as fescue.
Chaucer Place, Page 5, March 21, 1998
Mr. Steve Lund / Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 14
Employment of strict erosion and sediment control procedures will be specified to avoid impacts to water
quality. Existing wetlands and surface waters and buffer areas will be protected from erosion and
sedimentation during construction and installation of the mitigation sites. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. The
preserved streams and wetlands will be protected 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 in
accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ.
Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and natural
areas to be preserved. Methods to prevent short term impacts will be inspected regularly and maintained
during construction of the project. Wetlands and buffers will be clearly marked prior to construction to
prevent accidental damagg to wetlands. The contractors will be held responsible for unauthorized wetland
damage not permitted according to plans and specifications. Preconstruction meetings shall be held if
necessary with representatives of the USACE and the NCDWQ. 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.
n-reatened and Endangered Species
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of successional fields, margins, and forested
openings. A review of USGS (Weddington Quad) Maps at the Natural Heritage Program at NCDENR in
Raleigh did not indicate any endangered species previously identified on the site.
Since Schweinitz's sunflower is known to occur in Iredell soils, I was accompanied by James F. Matthews,
Ph.D. (UNCC) of Habitat Assessment and Restoration Program during the site evaluation process.
According to his survey, Schweinitz's sunflower was not identified. The presence for other federally and
state listed species were also investigated. Several hundred specimens of Heller's Trefoil (Lotus helleri), a
Federal Candidate #2 species were present. Prior to development of the site, the Ballantyne Development
Corporation made this plant material on the site available for potential recovery. This effort was coordinated
by James F. Matthews according to methodology approved by the U.S. Fish and Wildlife Service.
The Carolina heeisplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams - Goose
Creek and Waxhaw Creek - and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
Chaucer Place, Page 6, March 21, 1998
Mr. Steve Lund / Mr. Steve Chapin - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 14
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). There are no
streams on this site and therefore this species is not expected to occur on this site. Drainage from this site
eventually will eventually flow to McAlpine Creek tributaries where this species may occur. 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.
Cultural Resources
Based on the findings of the Archaeological Survey for the Proposed Ballantyne Project (Ballantyne
Development Corporation), conducted by Archaeological Research Consultants, June, 1994, no historic or
prehistoric sites appear to be in the project area eligible for the National Register of Historic Places.
According to the report, no additional archaeological surveying, testing, or data recovery on the Ballantyne
Development Corporation of the Ballantyne Project was recommended. Based on the survey , no sites were
found that are eligible for listing in the National Historic Register. This report was forwarded to the SHPO
during the previous application reviews and concurrence was received.
Conclusion
The goal of the proposed site plan with minimization and mitigation measures is to help balance the
environmental consequences of this intense development. In order to accomplish this wetlands and perennial
streams will be avoided. Beneficial wetlands and/or riparian habitats that enhance water quality, will be
protected by buffers. The undisturbed wetland areas and buffers will be preserved by the applicant or by a
group designated by the owner for this purpose. The preserved areas will be managed as a wetland system of
high value.
Please let me know if you have any questions or require additional information.
Thank you for you consideration.
ednW.ne , S
Environmental Planning Consultant
cc. Mr. Elliot Lewis - Dominion Development
Mr. Larry D. Wolfe - Sierra Contracting Corporation
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State of North Carolina
Department of Environment, LIU ;VA
17
Health and Natural Resources / • •
Division of Water Quality
James B. Hunt, Jr., G ovemor
Jonathan B. Howes, Secretary ED E H N 1=1
A. Preston Howard, Jr., P.E., Director
June 10, 1997
Mecklenburg County
DWQ Project #s 94410, 94295,
94912, 96972, 96360, 961094,
961152, 961094, 97079
Mr. Terry Knotts
Ballantyne Development Corp.
P. O. Box 687
Pineville, NC 28134
Re: Compliance Inspection of the Ballantyne Development
Dear Mr. Knotts:
Since 1994, the Ballantyne / Bissell group has been issued nine 401 Water Quality
Certifications for the development of a commercial, residential, and golf course community off
Interstate 485 at US 521 near Pineville, NC in Mecklenburg County. These certifications have
authorized impacts to wetlands or waters of the State totalling 3.48 acres for roads, utilities and
lot fill. As you are aware, this cumulative impact total now puts the Ballantyne Development over
the threshold for requiring compensatory mitigation on any permanent wetland or stream impacts
requested in the future. More recent Certifications have contained specific conditions requiring
mitigation and restoration of wetland impacts, as well as deed restrictions or conservation
easements on all remaining wetlands to prevent future fill.
As part of an orgoing compliance monitoring and enforcement program for 401 Water
Quality Certifications, Todd St. John from the Division's Mooresville Regional Office, John
Dorney from the Central Office, and myself met with your consultant Len Rindner to make a
compliance inspection of the Ballantyne Development on June 4, 1997. Mr. Rindner was very
helpful in showing us around the project and explaining the development progress. We found that
much of basic infrastructure was complete and construction of the golf course, commercial lots,
and stormwater ponds was well underway. It appeared that some of the residential areas were
nearing completion. We also found that much of the grading for the proposed mitigation sites
were had also been done.
From our brief inspection it appears that most of the project is in compliance at this time.
We did find some erosion control problems around the large "preserved" wetland on the golf
course and along the small stream behind the Crestmont Apartments. The sewer line construction
disturbance behind the Kinsington Residential section went right up to the creek bank in several
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycl"l0% post consumer paper
locations. We also found recent measures to stabilize many of the disturbed areas had also been
undertaken. For such a large project we were pleased to find general compliance with the 401
Water Quality Certifications.
The Division will make additional compliance inspections in the future to monitor the
development's progress and to if the erosion control problems around the wetlands have been
addressed. Your cooperation in adhering to the conditions of your 401 Water Quality
Certification is appreciated. Should you have any questions concerning this matter please feel free
to contact me at [phone] or Todd St. John at [phone].
Sincerely,
Peter B. Colwell
Environmental Specialist
cc: Todd St. John, DWQ Mooresville Regional Office
USACOE Asheville Field Office
John Dorney, DWQ Central Office
men gindner,
BallantyneBissell
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 21, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702258 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Terry Knotts
Ballantyne Development Corporation
Post Office Box 687
Pineville, North Carolina 28134
Dear Mr. Knotts:
Thank you for your application of December 19, 1996, regarding your plans
to fill 0.61 acres of waters and 0.79 acres of wetlands adjacent to unnamed,
headwaters tributaries of McAlpine Creek for general development purposes
within a 165 acre parcel of the Ballantyne Mixed Use Development off
Ballantyne Commons Parkway south of Charlotte, Mecklenburg County,
North Carolina. A 0.25-acre wetland area in the proposed multi-family
residential area has been deleted from permit consideration per the request of
your consultant, Mr. Leonard Rindner. Impacts to waters and wetlands
authorized under Nationwide Permit No. 26 at the Ballantyne Development now
total 4.19 acres.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the
North Carolina Division of Environmental Management (NCDEM). You should
contact Mr. John Dorney, telephone [phone], regarding water quality
certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
Provided that you have commenced or are under contract to commence this
work by January 21, 1997, this verification will be valid until
January 21, 1998. If the authorized work is not completed by this date,
reauthorization will be subject to the terms and conditions of the revised
nationwide permits of December 13, 1996.

-2-
Questions or comments may be addressed to Mr. Steven Lund in our
Asheville Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Robert W. Johns
Office Manager
Asheville Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
V Mr. Leonard S. Rindner
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, North Carolina 27613
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
LT.XMAI
A&14
D EHNF=1
January 21, 1997
Mecklenburg County
DWQ Project # 961152
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Terry Knotts
Ballantyne Development Corp.
P.O. Box 687
Pineville, Nc 28134
Dear Mr. Knotts:
You have our approval to place fill material in 0.70 acres of wetlands or waters for the purpose of
constructing residential and commercial facilities at Ballantyne development, as you described in your
application dated 19 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 except as
modified below. 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 and any additional conditions listed
below. The 0.70 acre wetland site at the road crossing and the 0.25 acre site at the multi-family development
shall not be impacted. As agreed earlier, the wetland at the road crossing shall have the excess sediment
(greater than one foot deep) removed and the utility corridor restored to grade. Deed restrictions or
conservation easements shall be placed on all remaining wetlands and waters to prevent future fill Additional
written approval for the mitigation plan for the 0.70 acre impact is required form DWQ before wetland fill
occurs. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. 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
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NO 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/100/6 post consumer paper
X ,
Page 2
DWQ Project #961152
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
Mr. John Dorney
Central Files
Len Rindner a`
Sincerely,
OPrtop Howard, Jr. P.
961152.1tr
401 ISSUED 9 6 1)S2-
q-&4t-I'T 9
Chaucer Place
Mecklenburg County, r I
North Carolina"
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Dominion Development - N.C. Corp.
3190 Northeast Expressway, - Suite 400
Atlanta, Georgia, 30341
[phone]
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
*Subject to verification by the USACE
Date : 2/98
1
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: poo-Almor% DeNe(OpMe^j- - N.G. Gc?p.
2. MAILING ADDRESS: :oqo NcethtAe .4a0
SUBDIVISION NAME:
CITY: _A+(a^+4- STATE: ZIP CODE: 303 1
PROJECT LOCATION ADDRESS,
MAILING ADDRESS ABOVE):
ONA-1 idf f c,, MCI
3. TELEPHONE NUMBER (HOME):
(WORK) : 770 ,0454 (oO53
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Mr. z1 I,o+ L.awlS - Gamt, ag; Gt bovw.

5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERJAJ, PHOTOG PHY WITH SCALE) : J.?.
COUNTY: L?.IGr?VIrOi NEAREST TOWN OR CITY: Gklar/ loq
w ,,zi6.• aid
I0tn?10\C? IV?rV%rV%0AS I?a?k,vvetv NT FROM
1
t SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : tue- 01cl Q-5, 62,1 '-' La^CA5,f-cr"
tad Or 4301 ar- T`
m4 a,
rc. (4rArY 0^11 FeAL-k-Vy %-( -
6. IMPACTED OR NEAREST STREAM/RIVER: VK' ' """ ?a` ' p? n4
RIVER BASIN: cl t? GC-bi?-.
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ) NO [-oj IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES e-T- NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) : ?t7 40. IR4'702465
.5 otp0lcQ?-F/?l=r-''1s a.. ri ?c,+i#*^ Prcvlovs'Y a^cv+0.df t m pacty
8b . ARELADDITIC7?1AIl?PET5 III? R QU S EXPECT . FOR THIS PROPERTY IN THE
FUTURE? YES NO [ IF YES, DESCRIBE ANTICIPATED WORK:
L1 r'enctlokeA mA-Lj6e- rwvlamed -6 Cyr 4f
it, (
G
Gr eek.,.
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ZZ
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Q-17
0'1
?,,? - norJw, scl?c-Ftv?rl
;s eta
± p, ra ate,
2
&y'? (
....?F Ste-e rnS)

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING:
FLOODING:
DRAINAGE:
EXCAVATION:
OTHER:
TOTAL ACRES TO BE IMPACTED: V
1Ob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT AFTER: 0 FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: 0 FT
AVERAGE DEPTH BEFORE: y Z ' FT AFTER: D FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: L }.? CONSTRUCTION OF A DAM/FLOODING:
OTHER: 6e^er6j ?+.el
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
1
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 3 1/2" X 11" DRAWINGS
ONLY):
125 1k.
Qfl t.F.
1 I o 1•f.
f6hor w 4+&,+ !5:?«Qw, ,(oa
(Oda
.row ,road crossf
- e- road u'oo lrrJ 6 ^dudes Mor Je rs)
r??Qn?rs 1 ?
velc i n^CRrY?Gf ?JJ
13. PURPOSE OF PROPOSED WORK:
pV2 YN j*,^-t- M tJ IT 1-'txrl^ I
3
14. STATE REASONS
OUT IN WETLANDS.
IMPACTS):

n
a
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: _ (ATTACH RESPONSES
FROM THESE AGENCIES.) c _ _4Q / 1
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
45e,L 446xk.e-t
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE
PUBLIC (STATE) LAND?
OF
YES [ ) NO [or'l('IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [] NO CI
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 2.7603-8003, TELEPHONE [phone].
WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
(INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
4
:° . THE FOLLOW,T„ 3G ITE;SS SHOULD B- INCLUDED WITH TN S APPLICATION It'
PROPOSED AC:'_VI:`I INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION M.kP S:iOWTNG ALL WETLANDS STREAMS, •LpunsS
D PONDS ON THE PROPEP Y (FOR NATIONWIDE PERMIT NU::BERS 14, 19, 21, 26,
29, A.'3D 38). ALL S:REA-:S (INTERMITTENT AND PE RMANENI) CN THE PROPERTY
M'W,1ST BE SHOW-N .ON THE u%p SC:1;ES SHOULD BE 1 INCH EQUALS 50. FEET, dR
NCri EQUALS 100 FEZ7 CR TLiEIR EQUTVP.LENT .
b. IF AVAILABLE, R£PRESENTiTLVE PKOTO(3RAPH C? uE:;.?.NDS TO BW
IMPACTED RY PROvEC"' .
c, IF DEL_7N;,A; ivN WAS PERFOFMZQ BY A CONSULTANT, INCLUDE- ALL DATA
,..SETS RELSVn.NT TO THE PLACEMENT OF THE DELINEATION LINE
d. ATT':ZC:s. t? COPY 'Or iH£ STOQM JATrR MF.D7AGE.fF,1: PLAN Tr zZr? e 1+ ?„,
e. WFAT IS LAIND U ,. W ?? .
USE OF SURRGC?ADIPJu PROP5:2'^'_'?
X. .F A? L_CrBLE,' 4i;-?yT .TS PRO:OSr.D METHO?J G: Sc,ilAaE DIS?GSAa?
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y SIGN-ED AND :%Al...v ?r7?'..,;.• At.:m;?Oi.L:.?.''I'J?' T C'TT"'. T^ n)..,..7 .
... ?., .L C:?.?l..Y3 .....
NO=- WETLANDS OR WATFRS OF T'- U.S. SAY NOT B IMPACTED PRIOR TO.
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THr_ iSSUANCL' OR WA:,VEtt OF A 401 DIVISION OF
ENVIRONMENTAL MANN'NAGEMEN': (WANTER QUALITY) CERTI=TCATION, AND
3) (IN Tsic. 7'WZ7WTY COASTA ri COUNTIES ONLY) , A LE T'TER FROM THE
;NORTH CAPO"" INA DIVISION OF COASTAL MANNAGEA^$NT 57ATiNG THZ PROPOSED
AC'1IVYTY IS CONSISTENT WITH Ti:E NORTH CAROLINA COASTA:. l\4_ANAG£2.SNT
9KGGFtA:M .

F
DA-T E
Ti iTHL F. 01
LEONARD S. MDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
February 22, 1998
Mr. Steve Lund
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Department of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Chaucer Place - ± 22 Acres, Charlotte, 74ecjd nburg oa My North- Carolina - Nationwide
Pe i' #14 and #26
Dear Sirs:
On behalf of my client, Mr. Elliot Lewis of Dominion Development, I am requesting confirmation of
eligibility to impact ± 215 if of intermittent stream which begins at the base of a non jurisdictional pond
using Nationwide Permit #26 and approximately 110 If of surface water channels to make a road crossing
using Nationwide Permit #14. The initial 125 If of stream impacts occurs immediately below the existing
dam of the non jurisdictional pond (which will. be removed) and manifests only limited sandy channel
substrate. As depicted on the plan and in this report the developer has taken great care in avoiding over 320
If of the stream within common open space and has completely avoided impacts to important bottomland
hardwood wetlands adjacent to a perennial tributary of McAlpine Creek. The wetlands are protected by a
25' undisturbed buffer.
BACKGROUND
The proposed multi-family residential development is on 22 acres in south Mecklenburg County, North
Carolina. This area of Mecklenburg County is experiencing rapid economic and population growth especially
in conjunction with the Charlotte Outer Belt, which passes north of the site. Current land use in the vicinity
includes single family subdivisions, multi-family, office, and business developments. There are approximately
0.77 acres of jurisdictional surface waters and wetlands on the project site. Approximately 971/o of the
jurisdictional surface waters and wetlands on the site will remain. All fill material will be unpolluted and
appropriate measures to control sedimentation and erosion will be employed. Wetlands and streams which
will not be disturbed will be protected during construction from damage due to construction traffic, drainage
and other forms of disturbance.
The hydrology to the remaining wetlands and streams will be maintained and enhanced by utilizing the storm
drainage system which will increase their water storage, pollution removal, bank stabilization, and aquatic
life functions.
Chaucer Place, Page 3, February 22, 1998
Mr, Steve Lund - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 14
SURN- ARY OF ICRISDICTMML WATERS OF U S
Surface Waters Intermittent tributaries (± 645 If) + 0.07 ac.
Wetlands + 0.70 ac
Approximate Total - Waters of the U.S. ± 0.77 ac.
SUMMARY OF IMPACTS
Surface Waters Intermittent tributary ± 110 if +-0.01 ac.
(NWP #14)
Intermittent tributaries ± 125 if ± 0.008 ac.
(immediately below pond (NWP #26))
Intermittent tributaries ± 90 If ±0.01 ac.
(NWP #26 adjacent to road crossing)
Wetlands + 0,00 ac
Approximate Total - Waters of the U.S. ± 0.028 ac.
The pond (approximately .50 acres and associated spillway are non jurisdictional).
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps, USDA Soil
Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination, indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual.
General Wetland Classification and Description
The limited wetlands on this site can be describe as Palustrine Forested Broad - Leaved Temporarily
Flooded and Seasonally Flooded. They have formed in perched water table conditions, in flat to nearly level
areas and depressions often typical of hydric inclusions in Monacan soils (Mo).
Vegetation
A majority of the site is in a forested state in various stages of old field succession. The wetland areas are
generally forested. Species which occur in these areas include Green Ash, Sweetgum, Red Maple, Willow
Oak, 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,
microstegium and others.
Chaucer Place, Page 4, February 22, 1998
Mr. Steve Lund - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 14
Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wettl nds• Southeast ak& on 2). US Department of the Interior, Fish and Wildlife Service.
Hydric Soils
None of the soils are listed as Hydric according to the Nation List of Hydric Soils- 1991, .They have
formed in seasonal water table conditions, in flat to nearly level areas and depressions often typical of
Monacan soils (Mo). Monacan soils (Mo) may have hydric inclusions according to the Natural Resource
Conservation Service, Technical Guide-Section II-A-2, June 1991.
Hydrology
The pond, wetlands, and streams are headwaters of McAlpine Creek which are part of the Catawba River
Basin and currently classified a Class C - aquatic life propagation and survival, fishing, wildlife, secondary
recreation, and agriculture. Wetland hydrology is provided by a surface runoff, overbank flooding and
ponding, seeps, and springs over a clayey subsoil.
"T LANDS PERMHT77NG AND MITIGATION
The layout avoids impacts to wetlands, avoids impacts to the perennial tributary and minimizes impacts to
intermittent tributaries which exhibit important characteristics such as persistent pools and/or saturated
channel bottom; evidence of macro-invertebrates; reduced soils; algae; hydrophytic vegetation in or adjacent
to the channel; evidence of wildlife utilizing the stream; and manifested only limited sandy channel substrate.
Except for temporary construction and development impacts, we believe that the proposed project will not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U.S. A 25'
undisturbed buffer will be maintained around existing wetlands to be preserved.
Avoidance, annimmanou„ and mrngaiion
Best Management 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
0 Preconstruction meetings
d) Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved.
e) Methods to prevent short term. impacts will be inspected regularly and maintained during.
construction of the project.
f) Wetlands to be preserved will be clearly marked prior to construction to prevent accidental damage
to wetlands. The contractors will be held responsible for unauthorized wetland damage not
permitted according to plans and specifications. Preconstruction meetings shall be held if necessary
with representatives of the USACE and the NCDWQ.
g) Short term construction impacts, primarily stream sedimentation will affect aquatic habitat,
however this will be minimized to the extent practicable to promote rapid recovery.
h) Project constriction 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.
Chaucer Place, Page 5, February 22, 1998
Mr. Steve Lund - USACE, Mr. John R. Dorney - NCDWQ
Request for NWP 26, 14
i) 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.
PROPOSED COMPENSATORY MITIGATION
A mitigation plan will be developed for a "no net loss" of wetland habitat, value, and function to the extent
feasible on this site. The ggd of this plan is to preserve, protect, the extents of the existing wetlands and
streams. A minimum 25' natural buffer consisting of existing woodland along streams will be maintained.
The buffer area will be protected by silt fence or other best management practices. Clearing required for
utilities in the buffer shall be the minimum necessary. A natural/native grass mixture shall be utilized in lieu
of turf grasses such as fescue.
Employment of strict erosion and sediment control procedures will be specified to avoid impacts to water
quality. Existing wetlands and surface waters and buffer areas will be protected from erosion and
sedimentation during construction and installation of the mitigation sites. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. The
preserved streams and wetlands will be protected 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 in
accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ.
Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and natural
areas to be preserved. Methods to prevent short. term impacts will be inspected regularly and maintained
during construction of the project. Wetlands and buffers will be early marked nrior to construction to
prevent accidental damage to wet1wWs. The contractors will be held responsible for unauthorized wetland
damage not permitted according to plans and specifications. Preconstruction meetings shall be held if
necessary with representatives of the USACE and the NCDWQ. 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.
Threogned and Endangeged Species
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzu), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of successional fields, margins, and forested
openings. A review of USGS (Weddington Quad) Maps at the Natural Heritage Program at NCDENR in
Raleigh did not indicate any endangered species previously identified on the site.
Since Schweinitz's sunflower is known to occur in Iredell soils, I was accompanied by James F. Matthews,
Ph.D. (UNCC) of Habitat Assessmen and Restoration Program during the site evaluation process.
According to his survey, Schweintz's sunflower was not identified. The presence for other federally and
state listed species were also investigated. Several hundred specimens of Holler's Trefoil (Lotus helleri), a
Federal Candidate #2 species were present. Prior to development of the site, the Ballantyne Development
Corporation made this plant material on the site available for potential recovery. This effort was coordinated
by James F. Matthews according to methodology approved by the U.S. Fish and Wildlife Service.
Chaucer Place, Page 6, February 22, 1998
Mr. Steve Lund - USACE, Mr. John R. Domey - NCDWQ
Request for NWP 26, 14
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). There are no
streams on this site and therefore this species is not expected to occur on this site. Drainage from this site
eventually will eventually flow to McAlpine Creek tributaries where this species may occur. 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.
Cultural Resources
Based on the findings of the Archaeological Survey for the Proposed Ballantyne Project (Ballantyne
Development Corporation), conducted by Archaeological Research Consultants, June, 1994, no historic or
prehistoric sites appear to be in the project area eligible for the National Register of Historic Places.
According to the report, no additional archaeological surveying, testing, or data recovery on the Ballantyne
Development Corporation of the Ballantyne Project was recommended. Based on the survey , no sites were
found that are eligible for listing in the National Historic Register. This report was forwarded to the SHPO
during the previous application reviews and concurrence was received.
Conclusion
The goal of the proposed site plan with minimization and mitigation measures is to help balance the
environmental consequences of this intense development. In order to accomplish this wetlands and perennial
streams will be avoided. Beneficial wetlands and/or riparian habitats that enhance water quality, will be
protected by buffers. The undisturbed wetland areas and buffers will be preserved by the applicant or by a
group designated by the owner for this purpose. The preserved areas will be managed as a wetland system of
high value.
Please let me know if you have any questions or require additional information.
Thank you for you consideration.
rely,
WS
Environmental Planning Consultant
cc. Mr. Elliot Lewis - Dominion Development
Mr. Larry D. Wolfe - Sierra Contracting Corporation
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 21, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702258 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Terry Knotts
Ballantyne Development Corporation
Post Office Box 687
Pineville, North Carolina 28134
Dear Mr. Knotts:
Thank you for your application of December 19, 1996, regarding your plans
to fill 0.61 acres of waters and 0.79 acres of wetlands adjacent to unnamed,
headwaters tributaries of McAlpine Creek for general development purposes
within a 165 acre parcel of the Ballantyne Mixed Use Development off
Ballantyne Commons Parkway south of Charlotte, Mecklenburg County,
North Carolina. A 0.25-acre wetland area in the proposed multi-family
residential area has been deleted from permit consideration per the request of
your consultant, Mr. Leonard Rindner. Impacts to waters and wetlands
authorized under Nationwide Permit No. 26 at the Ballantyne Development now
total 4.19 acres.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the
North Carolina Division of Environmental Management (NCDEM). You should
contact Mr. John Dorney, telephone [phone], regarding water quality
certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
Provided that you have commenced or are under contract to commence this
work by January 21, 1997, this verification will be valid until
January 21, 1998. If the authorized work is not completed by this date,
reauthorization will be subject to the terms and conditions of the revised
nationwide permits of December 13, 1996.
r
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
?EHNR
January 21, 1997
Mecklenburg County
DWQ Project # 961152
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Terry Knotts
Ballantyne Development Corp.
P.O. Box 687
Pineville, Nc 28134
Dear Mr. Knotts:
You have our approval to place fill material in 0.70 acres of wetlands or waters for the purpose of
constructing residential and commercial facilities at Ballantyne development, as you described in your
application dated 19 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 except as
modified below. 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 and any additional conditions listed
below. The 0.70 acre wetland site at the road crossing and the 0.25 acre site at the multi-family development
shall not be impacted. As agreed earlier, the wetland at the road crossing shall have the excess sediment
(greater than one foot deep) removed and the utility corridor restored to grade. Deed restrictions or
conservation easements shall be placed on all remaining wetlands and waters to prevent future fill Additional
written approval for the mitigation plan for the 0.70 acre impact is required form DWQ before wetland fill
occurs. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA
permit expires unless otherwise specked 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
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
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,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
State of North Carolina 17
Department of Environment, 099?FA
Health and Natural Resources / • •
Division of Water Quality
JamesB. Hunt, Jr., Govemor BMW
Jonathan B. Howes, Secretary p E H N 11
A. Preston Howard, Jr., P.E., Director
June 10, 1997
Mecklenburg County
DWQ Project #s 94410, 94295,
94912, 96972, 96360, 961094,
961152, 961094, 97079
Mr. Terry Knotts
Ballantyne Development Corp.
P. O. Box 687
Pineville, NC 28134
Re: Compliance Inspection of the Ballantyne Development
Dear Mr. Knotts:
Since 1994, the Ballantyne / Bissell group has been issued nine 401 Water Quality
Certifications for the development of a commercial, residential, and golf course community off
Interstate 485 at US 521 near Pineville, NC in Mecklenburg County. These certifications have
authorized impacts to wetlands or waters of the State totalling 3.48 acres for roads, utilities and
lot fill. As you are aware, this cumulative impact total now puts the Ballantyne Development over
the threshold for requiring compensatory mitigation on any permanent wetland or stream impacts
requested in the future. More recent Certifications have contained specific conditions requiring
mitigation and restoration of wetland impacts, as well as deed restrictions or conservation
easements on all remaining wetlands to prevent future fill.
As part of an ongoing compliance monitoring and enforcement program for 401 Water
Quality Certifications, Todd St. John from the Division's Mooresville Regional Office, John
Dorney from the Central Office, and myself met with your consultant Len Rindner to make a
compliance inspection of the Ballantyne Development on June 4, 1997. Mr. Rindner was very
helpful in showing us around the project and explaining the development progress. We found that
much of basic infrastructure was complete and construction of the golf course, commercial lots,.
and stormwater ponds was well underway. It appeared that some of the residential areas were
nearing completion. We also found that much of the grading for the proposed mitigation sites
were had also been done.
From our brief inspection it appears that most of the project is in compliance at this time.
We did find some erosion control problems around the large "preserved" wetland on the golf
course and along the small stream behind the Crestmont Apartments. The sewer line construction
disturbance behind the Kinsington Residential section went right up to the creek bank in several
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 500/6 recycled/10 % post consumer paper
locations. We also found recent measures to stabilize many of the disturbed areas had also been
undertaken. For such a large project we were pleased to find general compliance with the 401
Water Quality Certifications.
The Division will make additional compliance inspections in the future to monitor the
development's progress and to if the erosion control problems around the wetlands have been
addressed. Your cooperation in adhering to the conditions of your 401 Water Quality
Certification is appreciated. Should you have any questions concerning this matter please feel free
to contact me at [phone] or Todd St. John at [phone].
Sincerely,
Peter B. Colwell
Environmental Specialist
cc: Todd St. John, DWQ Mooresville Regional Office
USACOE Asheville Field Office
John Dorney, DWQ Central Office
BallantyneBissell
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Water Quality
James Hunt, Jr., Governor E H N F=
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 21, 1997
Mecklenburg County
DWQ Project # 961152
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Terry Knotts
Ballantyne Development Corp.
P.O. Box 687
Pineville, Nc 28134
Dear Mr. Knotts:
You have our approval to place fill material in 0.70 acres of wetlands or waters for the purpose of
constructing residential and commercial facilities at Ballantyne development, as you described in your
application dated 19 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 except as
modified below. 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 and any additional conditions listed
below. The 0.70 acre wetland site at the road crossing and the 0.25 acre site at the multi-family development
shall not be impacted. As agreed earlier, the wetland at the road crossing shall have the excess sediment
(greater than one foot deep) removed and the utility corridor restored to grade. Deed restrictions or
conservation easements shall be placed on all remaining wetlands and waters to prevent future fill Additional
written approval for the mitigation plan for the 0.70 acre impact is required form DWQ before wetland fill
occurs. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA
permit expires unless otherwise specked 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
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/100/6 post consumer paper
Page 2
DWQ Project #961152
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.
Sincerely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
?f31ur1?o?gy,?;.
Central Files
Len Rindner
qPrtop Howard, Jr. P.
961152.1tr
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamesB. Hunt, Jr., Govemor
Jonathan B. Howesy Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Terry Knotts
Ballantyne Development Corp.
P. O. Box 687
Pineville, NC 28134
Re: Compliance Inspection of the Ballantyne Development
Dear Mr. Knotts:
& ffl:.9;VA
14 0
E: > FE FI
June 10, 1997
Mecklenburg County
DWQ Project #s 94410, 94295,
94912, 96972, 96360, 961094,
961152, 961094, 97079
Since 1994, the Ballantyne / Bissell group has been issued nine 401 Water Quality
Certifications for the development of a commercial, residential, and golf course community off
Interstate 485 at US 521 near Pineville, NC in Mecklenburg County. These certifications have
authorized impacts to wetlands or waters of the State totalling 3.48 acres for roads, utilities and
lot fill. As you are aware, this cumulative impact total now puts the Ballantyne Development over
the threshold for requiring compensatory mitigation on any permanent wetland or stream impacts
requested in the future. More recent Certifications have contained specific conditions requiring
mitigation and restoration of wetland impacts, as well as deed restrictions or conservation
easements on all remaining wetlands to prevent future fill.
As part of an ongoing compliance monitoring and enforcement program for 401 Water
Quality Certifications, Todd St. John from the Division's Mooresville Regional Office, John
Dorney from the Central Office, and myself met with your consultant Len Rindner to make a
compliance inspection of the Ballantyne Development on June 4, 1997. Mr. Rindner was very
helpful in showing us around the project and explaining the development progress. We found that
much of basic infrastructure was complete and construction of the golf course, commercial lots,
and stormwater ponds was well underway. It appeared that some of the residential areas were
nearing completion. We also found that much of the grading for the proposed mitigation sites
were had also been done.
From our brief inspection it appears that most of the project is in compliance at this time.
We did find some erosion control problems around the large "preserved" wetland on the golf
course and along the small stream behind the Crestmont Apartments. The sewer line construction
disturbance behind the Kinsington Residential section went right up to the creek bank in several
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
locations. We also found recent measures to stabilize many of the disturbed areas had also been
undertaken. For such a large project we were pleased to find general compliance with the 401
Water Quality Certifications.
The Division will make additional compliance inspections in the future to monitor the
development's progress and to if the erosion control problems around the wetlands have been
addressed. Your cooperation in adhering to the conditions of your 401 Water Quality
Certification is appreciated. Should you have any questions concerning this matter please feel free
to contact me at [phone] or Todd St. John at [phone].
Sincerely, /` D D
Peter B. Colwell
Environmental Specialist
cc: Todd St. John, DWQ Mooresville Regional Office
USACOE Asheville Field Office
Len Rindner
Ballantyne/Bissell
f
DIVISION- OF WATER QUALITY ?q *0 60-772
WATER QUALITY SECTION qq
q6a X60
401 COMPLIANCE MONITORING 6'1/ 5- Z
FORM
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DWQ Investigator: 0_ dJ -5r u0VA-ey" ?(u e,! 96? ?
DWQ #
Date : Time: !0:30 Regional Office: © County• ??/l re?'? ?uO?l
Project Name: 4110 6-O`T ??a5iv,es5 .
Permi ttee: e r y Km o?,,5 ; ga `lu o 1,
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Location of Project: ofic ?T "I 95 a t a s v-l /
Type of Development Authorized:
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Type of Permit / Water Quality Certification: A14112-1141,1Z 6f 13 / ZffY126 7; 273? 3102
Type of Impact: bum ti la li ve- L4pz?4?> 44p 0, Zi,- gac -ems lroa s? l6ffi
lot coug-e- ., a ud u
Wetland Type and DWQ Rating:
Nearest Stream: ?e ?o `STN Gv Basin/Sub.: d 3GS 3`f v
Distance of Wetland Impact from Nearest Surface Water:
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Specific// 401 Conditions:
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Is .project in compliance with all conditions: N..._
Comments / Description: % lZ1Cv'a,5 li'4*c i0o-e j 5 1 ?I, ?7[FCOyt,'e
coK54ruG` 'dcot i-5 (4' k JervVu)(?ev?lapw? ?, o "Gor?rzv??rr7??? 1o45C avij
Signature:

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Is there a violation of the 401 Certification authorization ? 9O
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
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ENFORCEMENT
I. Is there a previous history of 404 / 401 activity on the property?
If so, give any details:
Nature of Violation (fill, excavation, etc.):
Acres:
Wetland Radng (if possible):
Significant uses impacted:
Were downstream uses impacted?
Could-the impacts have been avoided or significantly minimized?
Could the activity have been authorized?
Is restoration or mitigation appropriate for the unavoidable impacts?
Staff Recommendations for Future Action:

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881152
Ballantyne
Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Ballan ne Development Corporation
P.O. Box 687
Pineville, N.C. 28134

The Bissell Companies, Inc.
2115 Rexford Road, Suite 100
Charlotte, NC 28211
Prepared By:
Leonard S. Rindner, PUS
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, NC 27613
[phone]
*Subject to verification by the USACE
Date :12/19/96
1
4 . 61
DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): ZAP
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TEE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PR=NT.
1. OWNERS NAME:
2. MAILING ADDRESS: 647
/ SUBDIVISION NAME:
CITY: 4e,kll/`-c, STATE: /u/G ZIP CODE: ZS/3A-t
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : _
3. TELEPHONE NUMBER (HOME): (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AE I PHOTOGRAPHY WITH SCALE) : O G
COUNTY: e r_ NEAREST TOWN OR CITY:
1

~ SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
3a //u..l f-//j e, _c ocQ
U

6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WAITER CLASSIFIED AS TROUT, TIDP? SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTST LADING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO ?< IF YES, EXPLAIN:
7b. IS THE PROJECT LCCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
M_A.NAGEMENT ARE=_ OF EtiJIRON`MENTAL CONCE`N (AEC) ? YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COAST?! COUNTIES), WHAT IS THE LAUND USE PLAN (LUP) DESIGNATION?
9a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES NO [ ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND?7Y A,?7DITfINFOR;M!ATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION)
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: t /300 ??"?
777,s ec-e-t = f /(or-, 41Gr?
9b. ESTI TED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
.. /,?.c? t? T?rC ?i r?j?` Apr-t?y?o?1 Cw 7? v,?Za•?ra? s .
9b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE.
crTmrtot-) vF¢ r?Y mn f 1 IF YES. DESCRIBE ANTICIPATED WORK:
10a. NUMBER OF ACRES OF WETLANDS* IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING:
DRAINAGE:
. & l Land Ccrvl dr??na?
OTHER:
TOTAL ACRES TO BE IMPACTED : /• &45

10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: -160 L, r FT AFTER: FT
T,h,, .0,y a,?? ?o rid po-opus ea r?n,ov?
WIDTH BEFORE (basedo normal lgh water contours): FT
FT
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STRE?M CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DPI?/ FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? c?
W T IS THE EXPECTED POND 1SUggFACE AREA? ?`1 rM
/ SN^S Guy // 'wi S?uQ ?h?SGd 6Y? /c?G/? l?l ?sv?cJ ire cs - ,
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2X 11 DRAWINGS
ONLY) :
13. PURPOSE OF PROPOSED WORK:
3

14. NTWETLANDS. (INCLUDE IANYEMEASUREShTAKENITO MINIMIZE WETLANDCARRIED
OUT I
IMPACTS) :
4?1- V,///
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL 14-ARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
HABITAT
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
RDATE
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
ESPONSES (ATTACH
CONTACTED:
FROM THESE AGENCIES.) r CojyylK pry /r)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
Lol / O/iS/'1'I a /lI
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO [?IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL,
POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE
THE NORTH CAROLINA ENVIRONMENTAL POLICYMACT,REGARDING
COMPLIANCE WITH
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 73ST6JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919)
4

18• THE ACTIVITYGINITEMS VOLVESHTHEDDISCIHARGEDOF EXCAVATED APPLICATION IF
PROPOSED
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT ISLAND USE OF SURROUNDING PROPERTY?
f. IF A??LICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
L)
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICA;zlrT-
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN TIME TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL N R-ENT
ACTIVITY IS CONSISTENT WITH
PROGRAM.
11-01
OWNER' /AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))
UDAT (s
E
5
LEONARD S RIND R
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape Architecture Raleigh, NC 27613
Land Planning [phone]
December 20, 1996
Mr. Steve Lund
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Department of Water Quality - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Todd St. John
NCDEHNR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Ballantine - Nationwide Permit #26 Modification
Dear Sirs:
On behalf of my clients, Mr. Yates Pharr of The Bissell Companies and Mr. Terry Knotts of the Ballantyne
Development Corporation, I am providing you with the following information concerning the Ballantyne
Project for your consideration under Nationwide Permits #26. The project site is located in Charlotte,
Mecklenburg County, NC. The proposed project within "Ballantyne" includes 145 acres for Single-Family
and Multi-Family developments, school site, and day care sites; and 21 acres for an approximate 400,000 SF
corporate business center.
Background
The Ballantyne project area is located in Mecklenburg County, south of the City of Charlotte and east of
Pineville. It is south of the Charlotte Outer Belt which is currently under construction. The "Ballantyne"
project of + 1300 acres will consist of approximately 4,200,000 SF of office space, 1,150 hotel rooms and
conference center, 4,719 dwelling units, parks, schools, and other land uses. Since the initial permit
application in September, 1994 the Ballantyne project has evolved as the various parcels are sold and
developed in response to the rapid growth in the area. Currently several single family, multi-family, and
business park developments are under construction or within the planning stages.
Previous Wetland Permitting
The total acreage of authorized impacts on the Ballantyne Project as of December, 1996 is 2.79 acres. The
Ballantyne Development Corporation obtained authorization in February, 1995 to impact 2.25 acres of
Jurisdictional Waters in the initial development stages. Impacts were primarily limited to those necessary to
construct roads, stormwater management ponds, and general parcel development. In October, 1996, the
Ballantyne Development Corporation was authorized to fill ± 0.05 acres of stream channel to develop the
first business parcel. Authorization to impact 0.49 acres of jurisdictional waters was obtained to construct
stormwater management ponds and other minor impacts to develop an 18 hole golf course in December,
1996. All of the permits included minimization and mitigation conditions.
2
Steve Lund, John Dorney, Todd St. John, December 20, 1996, Page 3
This application request for ± 1.64 acres of impacts to develop the parcel and the corporate business center.)
Approximately 0.61 acres is an existing pond and channel from the pond. Approximately 0.70 acres of the
proposed impacts is a wetland area that has been degraded due to road construction and stormdrainage, and
utility line installation. Based on observations these impacts have adversely altered the hydrology of the area.
This site as depicted on the plan is adjacent to Ballantyne Commons Parkway and has very high economic
value. With an understanding that this wetland also had high value, the developer is proposing to mitigate
this inadvertent impact at a ratio of 4:1 for restoration (2.8 acres); or 6:1 for creation (4.2 acres) elsewhere
on the Ballantyne project site or off-site in strategic and beneficial locations. The remaining 0.33 acres of
wetland impacts will also be mitigated at the current applicable 1:1 creation and/or restoration ratio. The
developer has proposed the potential of working with the Mecklenburg County Parks and Recreation
Department to develop wetland mitigation sites in conjunction with Greenway development and acquisition.
The Ballantyne project is fortunate to include abundant areas of non-wetland floodplain on McAlpine Creek
and these may be also beneficial in order accomplish this goal. The stormwater management plan also
indicates that a stormwater wet detention basin (Pond #1) will be installed just upstream from this proposed
impact site. Stormwater Pond #A will also be installed as part of this project to accept the stormwater runoff'
from the proposed corporate facility as well as other business/office parcels in the vicinity.
The development will be constructed in general compliance with previous minimization commitments made
in the previous permit application. The Stormwater Management Plan will also be implemented for portions
of the project that consist of Commercial, Office, Corporate, and Business land uses. Stormwater
management facilities will include stormwater ponds, and pocket wetlands and, extended stormwater
wetlands.
Summary of Jurisdictional Waters of the U.S.
1) Wetland Hydrology
Wetland hydrology is provided by a surface runoff, overbank flooding, seeps, and springs over a clayey
subsoil. The primary surface waters are tributaries of McAlpine Creek. McAlpine Creek is a tributary of the
Sugar Creek in the Catawba Basin.
2) Hydrop tic Vegetation
Vegetation in wetland areas and along tributaries is dominated by Facultative Wet, and Obligate Vegetation
and includes alder, green ash, boxelder, willow and others in areas that are seasonally flooded. Shrub/scrub
layer was dominated by silky dogwood and spicebush. Herbaceous plants include sedges, soft rush,
jewelweed and other typical herbaceous species. In areas subject to temporary flooding the vegetation
included facultative vegetation such as red maple, sweetgum, poison ivy, and smilax.
3) Hydric Soil
Hydric soils caused by saturation, ponding, and flooding and occur as inclusions within Monacan soil types
on this site. According to Soil Conservation Service, Technical Guide-Section H-A-2, June 1991, Mo
(Monacan) soils are listed as Map Units with inclusions of Hydric Soils in Mecklenburg County. Other
hydric soils created by hydrological conditions such as flooding and a high or perched water table were
found.
Results of Preliminary Wetland Evaluation /NCDWO Guidelines
The results of the evaluation were that the wetlands will have high value regarding water storage, pollution
removal, bank stabilization, and aquatic life utilizing Guidance for Rating the Values of Wetlands in North
Carolina - Fourth Version. and impacts to these areas should be avoided and minimized to the fullest
practical extent.
Steve Lund, John Dorney, Todd St. John, December 20, 1996, Page 4
Xedands_P_ermittine and Mitigation
Preliminary planning for the overall Ballantyne project involved site analysis and consideration of
environmental and regulatory issues. Topography, natural features and systems, circulation, site
organization, open space, development requirements, and environmental issues were considerations in
designing the overall plan. Minimization and mitigation measures were developed based on discussions in
the field with the USACE and the NCDWQ. 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 will not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U. S.
Avoidance and Minimization
Due to the economic, engineering, and spatial requirements of a development of this magnitude, large
contiguous areas must be graded for the general project development. Impacts to undisturbed wetlands in
the floodplain will be avoided.
Best Management Practices will also be employed to minimize additional impacts to Jurisdictional Waters.
BMP's will include:
- Siltation Barriers
- Sediment Traps and Diversion Ditches
- Barricades to define construction limits to sensitive sites and to protect trees
- Preconstruction meetings
- Other methods as appropriate
- Vehicular access will be restricted to specific areas to avoid disturbance to adjacent wetlands and
natural areas to be preserved. Methods to prevent short term impacts will be inspected regularly and
maintained during construction of the project. Wetlands and buffers will be clearly marked prior to
construction to prevent accidental damage to to wetlands. The contractors will be held responsible for
unauthorized wetland damage not permitted according to plans and specifications. Preconstruction meetings
shall be held if necessary with representatives of the USACE and the NCDWQ.
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 He 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.
Proposed Immacts
1) "A"- Pond (PUBHh) and channel = + 0.61 acres
2) "B"- Headwater Forest MIA. PSS1A) _ + 1.04 acre
Total Jurisdictional Waters = ± 1.65 acres
4
Steve Lund, John Dorney, Todd St. John, December 20, 1996, Page 5
PtoPosed Comnensatorv mitigation
A mitigation plan has been developed to provide for a "no net loss" of wetland habitat, value, and function
to the extent feasible on this site. The type of mitigation proposed fall under the category of Creation, and
Restoration.
Mitigation for will be at a ratio of 4:1 for restoration (2.8 acres): or 6.1 for creation (4.2 acres) for
the wetland impact of 0.70 acres adjacent to Ballantvne Commons Parkway. Mitigation for the other
0.95 acres of impacts to jurisdictional waters will be at a 1:1 restoration or creation ration The total
mitigation proposed is 3.75 acres of wetland restoration or 5.15 acres of wetland creation ti ation
will occur on the B lap a project site or off-site as described earlier, vSeveral large non wetland floodplain
areas exist on the project site and off-site in conjunction with existing or proposed Mecklenburg ounty
Greenways Existing wetlands in these areas will serve as "biological benchmarks" to identify the
hydrological and vegetation conditions Many areas of the floodplain in Mecklenburg ours consist of
potential drained wetlands as evidenced by ditches from past agricultural activities Establishing and
maintaining a natural, forested, low maintenance ecosystem will reduce the volume of runoff, and thereby
reduce erosion and pollutants coming from areas of more intensive land use to a water body. The reduction
of erosion and pollutants occurs through natural mechanisms such as deposition, infiltration, adsorption,
absorption, filtration, and decomposition. In the near future several eligible sites will be studied and
presented to the USACE and the NCDWQ for approval.
Hydrophytic vegetation will consist of bottomland hardwoods, scrub/shrub, and herbaceous Hydric soil will
also be relocated if possible from the areas to be impacted and utilized for the wetland creation. A plant list
will be developed to select the appropriate vegetation according for hydrological zone. It is expected that
several favorable hardwood, scrub/shrub and herbaceous materials will volunteer.
As part of the construction documents a list of specific plant species and quantities will be prepared for
approval by the USACE and the NCDWQ. The mitigation site will be planted at an initial density of
approximately 500 woody stems per acre planted in a random pattern to match adjacent conditions if
surrounding wetland areas. Herbaceous species will be planted at a rate of 1000 clusters per acre or will be
seeded when possible with a wetland seed mix which will result in a coverage of at least 100 stems per
square meter upon germination. Survival rates of seeding versus 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. Annual ryegrass or other
annual vegetation will be utilized in order to provide temporary stabilization during the summer and winter
months or until planting times become available.
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. Planting will be conducted in the spring and the fall. Annual ryegrass, Red Top (Agrostis alba) or
approved vegetation will be utilized in order to provide temporary stabilization during the summer and
winter months or until planting times become available. Fescue shall not be used within the buffers or
wetlands. Trees, shrubs, and herbaceous plant materials will be selected from the following list.
These areas will be constructed concurrently with grading operations involving permitted wetland
impacts. These areas are expected to be inundated and/or saturated during the winter and early spring similar
to adjacent wetland conditions.
As part of the construction documents a list of specific plant species and quantities will be prepared
for approval by the USACE and the NCDWQ. The mitigation site will be planted at an initial density of
approximately 500 woody stems per acre planted in a random pattern to match adjacent conditions in
surrounding wetland areas.
Steve Lund, John Dorney, Todd St. John, December 20, 1996, Page 6
Herbaceous species will be planted at a rate of 1000 clusters per acre or will be seeded when possible with a
wetland seed mix which will result in a coverage of at least 100 stems per square meter upon germination.
Survival rates of seeding versus 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. Annual ryegrass or other annual vegetation will be
utilized in order to provide temporary stabilization during the summer and winter months or until planting
times become available
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.
Existing specimen trees will be saved if possible in the construction of these mitigation areas.
Planting of the p=osed wetland areas will be selected from the,folloWng list:
Scrub/Shrub
Alnus serrulata.
Cornus amomum
Salix nigra
Bottomland Hardwood
Diospyros virginiana
Quercus species
Herbaceous
Betula nigra
Ilex decidua
Viburnum species
Frax. pennsylvanica
Taxodium distichum
Cephalanthus occidentalis
Lindera benzoin
Others as approved
Nyssa sylvatica
Others
Zone 1 - Wetland areas in temporarily saturated soils or subject to occasional and brief inundation
Agrostis alba (Red Top) Polygonum spp.(Smartweed) Carex species (Sedge)
Juncus effusus (Soft Rush) Eleocharis spp.(Spikerush) Leersia sp. (Rice cutgrass)
Zone 2 - Wetland areas prone to persistent flooding or onding
Moist to 1 Foot of Water
Three Square Bulrush
Sedge species
Shallow Water Plants
Sweet Flag
Pickerel Weed
Creeping Spike Rush Soft Rush
Lizard Tail
Arrow-Arum Duck Potato
others
Planting shall occur in naturalistic / random clumps to encourage diversity. Specific plant species, quantities,
and size which will be utilized for the mitigation sites will be dependent on availability, cost, time of year in
which planting occurs. Existing wetlands and surface waters and buffer areas will be protected from erosion
and sedimentation during construction and installation of the mitigation sites. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. It is also
expected that several of these, which occur naturally within the vicinity of these mitigation sites will
volunteer naturally.
Steve Lund, John Dorney, Todd St. John, December 20, 1996, Page 7
Stormwater Management Plan
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements for all commercial, office/business, industrial, and institutional land uses.
Stormwater runoff from paved surfaces and landscaping has the potential to degrade water quality in all
types of waters. Wet detention basins shall be the primary treatment system. Properly designed wet
detention basins have been proven to be a viable solution to reduce pollution. They are efficient in removing
suspended solids and other pollutants, reducing peak runoff rates, and controlling downstream erosion.
There is also a potential aesthetic value if the pond's can be designed into the overall plan.
Stormwater Management Plan ConceLts
Stormwater management becomes necessary when increasing the impervious area within an existing natural
area. The impact of the increased runoff and reduction of natural filtration will be analyzed with respect to
the capacity and stability of natural channels and the presence of environmentally sensitive areas. The pre
and post-development runoff will be determined and used as the basis of stormwater management
techniques. Special consideration will be given to avoiding erosion and degradation of environmentally
sensitive areas, wetlands, and surface waters.
The Stormwater Management Plan will include:
A. Wet Detention Basins that will attenuate 1.0 inch of runoff over a 24 hour period for high density
sites including office, commercial and business uses. Water will be released over a 2 to 5 day period to the
wetland mitigation areas to increase filtration. Discharge velocity of the outfalls will be less than five cfs. It
will utilize wetland mitigation areas to increase filtration.
B. Utilization of wetland mitigation areas where possible to increase filtration.
C. Riser outflow structures to maintain a pool and encourage filtration.
D. Directing runoff into natural areas and wetland/biofilters to treat runoff before entering surface
waters.
E. Maintaining natural and planted areas between the developments and
Jurisdictional Waters.
F. Development of a wetland littoral shelf where feasible in shallow areas.
The planners will utilize information and guidelines provided by the North Carolina Department of
Environment, Health, and Natural Resources in developing the design of wet detention basins.
Plans and Monitoring
Detailed plans for the mitigation areas will be further articulated from the plans included in this document.
These plans will be submitted to the U.S. Army Corps of Engineers and the North Carolina Division of
Water Quality for approval. Plans will include :
Site Preparation Requirements
Vegetation Requirements
Tracking and Monitoring Requirements
Steve Lund, John Dorney, Todd St. John, December 20, 1996, Page 8
A monitoring program will be developed to monitor the mitigation areas to include:
Vegetation Parameters
Species Composition and Abundance
Survival
Growth
Monitoring of vegetation will be conducted on a semi-annual basis according to the following general
procedures.
A. Measure growth, species diversity, advise on removal of invasive species.
B. Establishment of a representative sample observation plots
C. Periodic site visits will be conducted for maintenance, aesthetic purposes, and possible
modifications to increase survival rates.
D. Field data will be recorded on a monitoring data form and submitted along with representative
photographs in a annual monitoring report. This will be submitted to the Corps of Engineers, NC Division of
Water Quality. At the end of the fifth year a report will be prepared for review and to determine the need for
future monitoring or modifications.
Reporting
Annual Progress 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. After the fifth year of monitoring, a summary
report and as-builts will be furnished to the USACE and the NCDWQ for review and discussion regarding
compliance of the project with conditions of the permit.
Success Criteria
The data collected during the monitoring period will be utilized to evaluate the success of the mitigation
areas. The success criteria will be as follows:
Soil saturation within 12 inches of the surface for a minimum of approximately 12
consecutive days during the early part of the growing season.
Establish at least one hydrology indicator per the 1987 USACE Wetland Delineation
Manual in the sample plot.
Establishment at least one hydric soil characteristic or match adjacent riparian habitat
surroundings.
not less than 60% survival rate for planted saplings or other planted vegetation.
These vegetative, soil, and hydrological characteristics must be met to determine success of the wetland
mitigation. If the mitigation is determined to be unsuccessful the following one or more of the following
contingency plans will be implemented.
1) Selected re-installation of vegetation, thinning, and/or acceptance
2) Hydrological modifications or manipulation
Schedule
Grading and installation of water control structures where applicable will be conducted concurrently with
project construction and is expected to begin in the fall and winter of 1996/1997. Vegetation planting and
installation is expected to be conducted in the dormant season of January-March 1997, if possible, and/or the
fall and winter of 1997/1998. Temporary crops in areas to be seeded may be required until final planting is
conducted. During this period a temporary crop will be used that will allow natural succession to take place.
Hydrological factors will also be observed a adjustments made if required.
8
Steve Lund, John Dorney, Todd St. John, December 20, 1996, Page 9
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 stations, and sample plots
- drainage control features
The preserved and created wetlands and ponds will be protected 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 in
accordance with restrictive covenants which will be developed for approval by the USACE and/or NCDWQ.
Restrictive Covenants will include the following information:
- The area shall remain in its natural condition in perpetuity
- Acreage of wetland preservation area, wet detention ponds, and created 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.
- Obligations if monitoring indicates that the area has not met the 1987 U.S. Army Corps of
Engineers Wetland Delineation Manual criteria.
Threatened and Endangered Species
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of successional fields, margins, and forested
openings. A review of USGS (Weddington Quad) Maps at the Natural Heritage Program at NCDEHNR in
Raleigh did not indicate any endangered species previously identified on the site.
Since Schweinitz's sunflower is known to occur in Iredell soils, I was accompanied by James F. Matthews,
Ph.D. (UNCC) of Habitat Assessment and Restoration Program during the site evaluation process.
According to his survey, Schweinitz's sunflower was not identified. The presence for other federally and
state listed species were also investigated. Several hundred specimens of Heller's Trefoil (Lotus helleri), a
Federal Candidate #2 species were present. Prior to development of the site, the Ballantyne Development
Corporation made this plant material on the site available for potential recovery. This effort was coordinated
by James F. Matthews according to methodology approved by the U.S. Fish and Wildlife Service.
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
8
Steve Lund, John Domey, Todd St. John, December 20, 1996, Page 9
r
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). There are no
streams on this site and therefore this species is not expected to occur on this site. Drainage from this site
eventually will eventually flow to McAlpine Creek tributaries where this species may occur. 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.
Cultural Resources
Based on the findings of the Archaeological Survey for the Proposed Ballantyne Project (Ballantyne
Development Corporation), conducted by Archaeological Research Consultants, June, 1994, no historic or
prehistoric sites appear to be in the project area eligible for the National Register of Historic Places.
According to the report, no additional archaeological surveying, testing, or data recovery on the Ballantyne
Development Corporation of the Ballantyne Project was recommended. Based on the survey, no sites were
found that are eligible for listing in the National Historic Register. This report was forwarded to the SHPO
during the previous application reviews and concurrence was received.
Conclusion
The goal of the proposed site plan with minimization and mitigation measures is to help balance the
environmental consequences of this intense development. In order to accomplish this wetlands will be
avoided and others will be restored or created. Beneficial wetlands and/or riparian habitats that enhance
water quality, will be protected by buffers. The undisturbed wetland areas and the mitigation sites will be
preserved by the applicant or by a group designated by the owner for this purpose. The preserved areas will
be managed as a wetland system of high value.
Please let me know if you have any questions or require additional information.
Thank you for you consideration.
rel ,
eonard S. Rindner, PWS
Environmental Planning Consultant
cc. Mr. Yates Pharr - The Bissell Company
Mr. Terry Knotts - Ballantyne Development Corporation
Mr. Dale C. Stewart - LandDesign Engineering Services, Inc.
10

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State of North Carolina
Department of Environment,
Health and Natural Resources &74
Division of Water Quality
James Hunt, Jr., Governor F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 28, 1997
Mr. C. Yates Pharr
Bissell Companies, Commercial Real Estate
2115 Rexford Place
Suite 100
Charlotte, NC 28211-5476
Dear Mr. Pharr:
Re: Ballantyne development
DWQ #961152
Mecklenburg County
I have reviewed the letter and accompanying map dated 20 January 1997 which
discusses the rationale for filling the 0.70 acre wetland site at Ballantyne Commons
Parkway and the tributary stream to McAlpine Creek. The map shows that a series of
tennis courts and associated parking areas are proposed to be built on this wetland. As you
are aware, the Certification that was issued to you on 21 January 1997 explicitly required
that fill not be placed in this wetland and that restoration of the site be accomplished.
As I recently discussed with Mr. Len Rindner, the map and letter dated 20 January
1997 do not present sufficient information to demonstrate that this wetland fill is
permittable. Specifically we believe that the proposed commercial complex could be built
without the tennis courts or that they could be built elsewhere on the property or on
adjacent; undeveloped property. Therefore we believe that wetland fill could be minimized
by not filling these wetlands and still result in a viable project.
As noted in the 21 January Certification and discussed on earlier site visits to the
property, restoration of this site will be required. This should include removal of any
sediment greater than one foot deep and removal of any drainage networks installed on site
during the sewer line construction. A restoration plan should be prepared for this site along
with the mitigation plan for the wetland fill approved by the Certification.
Please call me at 919-733-1786 if you have any questions.
S' PDR rne y
y
cc: Todd St. John, Mooresville DWQ Regional Office
Steve Lund; Asheville corps of Engineers
Central Files
Len Rindner
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
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 21, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702258 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Terry Knotts
Ballantyne Development Corporation
Post Office Box 687
Pineville, North Carolina 28134
Dear Mr. Knotts:
Thank you for your application of December 19, 1996, regarding your plans
to fill 0.61 acres of waters and 0.79 acres of wetlands adjacent to unnamed,
headwaters tributaries of McAlpine Creek for general development purposes
within a 165 acre parcel of the Ballantyne Mixed Use Development off
Ballantyne Commons Parkway south of Charlotte, Mecklenburg County,
North Carolina. A 0.25-acre wetland area in the proposed multi-family
residential area has been deleted from permit consideration per the request of
your consultant, Mr. Leonard Rindner. Impacts to waters and wetlands
authorized under Nationwide Permit No. 26 at the Ballantyne Development now
total 4.19 acres.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the
North Carolina Division of Environmental Management (NCDEM). You should
contact Mr. John Dorney, telephone [phone], regarding water quality
certification. This nationwide permit does not relieve you of the
responsibility to obtain other required State or local approval.
Provided that you have commenced or are under contract to commence this
work by January 21, 1997, this verification will be valid until
January 21, 1998. If the authorized work is not completed by this date,
reauthorization will be subject to the terms and conditions of the revised
nationwide permits of December 13, 1996.
-2-
Questions or comments may be addressed to Mr. Steven Lund in our
Asheville Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Robert W. Johns
Office Manager
Asheville Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
U,114r. John Dorney
I
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Leonard S. Rindner
Environmental Planning Consultant
7113 Hickory Nut Drive
Raleigh, North Carolina 27613
1 t
.30
@BISSELL
P
COMPANIES
January 20, 1997
Mr. John R. Dorney
Division of Water Quality - NCDEHNR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
'?E'CEfVED
1 1yy,J
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C? ? U
Dear Mr. Dorney:
Please find enclosed a plan detailing the Nationwide Permit Modification #26 -
12/19/96 (Corporate Business Center) on which Leonard Rindner discussed with
you on Saturday, January 18, 1997. This permit area is located within the
Ballantyne Development in southern Mecklenburg County.
As you know, this wetland was damaged during construction of Ballantyne
Commons Parkway. The Bissell Companies purchased Ballantyne Corporate
Park in January, 1996. We have recently been negotiating with a major,
nationwide corporation to master plan a campus facility whereby they would
consolidate their Charlotte and eastern United States offices to the Ballantyne
location as it is depicted on the drawing. This drawing does not represent the
final plan for the site; however, it details the criteria which they require for their
campus setting.
We understand the functional value of the wetland as explained by Leonard
Rindner on numerous occasions. Since the destruction of the wetland was out
of our control, The Bissell Companies is willing to propose mitigation at the new
ratios to show a commitment to the Division of Water Quality - NCDEHNR. We
intend to locate this mitigation within the Ballantyne site and could possibly
extend some to areas within the proposed Mecklenburg County Greenway Trails
System. I currently serve on the Mecklenburg County Parks and Recreation
Greenway Trail Advisory Council and am personally striving to investigate the
option of creating a wetland mitigation bank within the trail corridor. Leonard
Rindner is also assisting with his personal time in this effort which would be an
innovative undertaking in Mecklenburg County. We also intend to comply with
the stormwater management and water quality plan per the original Ballantyne
permit.
THE BISSELL COMPANIES, INC.
COMMERCIAL REAL ESTATE
21 15 REXFORD ROAD • SUITE 100 *CHARLOTTE, NORTH CAROLINA 2821 1- 3476
[phone] •FAx [phone]
Mr. John R. Dorney
Division of Water Quality - NCDEHNR
Environmental Science Laboratories
January 20, 1997
Page 2
I want to thank you for your commitment in meeting with Len Rindner on a
Saturday and taking part of your valuable time to discuss this issue. Please do
not hesitate to call me at [phone] should you have any questions.
Sincerely,

C. Y tes Pharr, CPMO
Vice President
Development
DEHNR MODRESVILLE R 0
Jan 15 '97 17:02 P.01
Post4r Fax Note 7071 Date 1 1 S 7 Da
b F"M 9 ro
CO.
G0.1wt
mc•
Phone k
Fax# Fact N
Ballantyne
Mecklenburg County,
North Carolina
Joint Application Form and St pporting Documentation for
NA27ONWIpE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NA77ONWIDE PRIEM1ITS TIIAT REQUIRE
SECTION 401 CERTIFIC92'7ON CONCURRENCE
Prepared Far:
Ballantvne Development Corporation
P.O. Box 687
Pineville, N.C. 28134

The MMI Came
2113 Rexford Road, Suite 100
Charlotte, NC 28211
Prepared By
Environmental Planning Consultant
7113 Hickory Nut Drive
RWe4gg NC 27613
[phone]
*Subject to verification by the USACE
Date :12/19/96
1
DEHNR MOORESVILLE R 0
Jan 15 '97 17:02 P.02
4BMORANDUM PRINT NAMES: ..?!-
Reviewer: C;kISkj r
CO: JOHN DORNEY WQ SUPV.: ?r
ENVIRONMENTAL SCTENCES BRANCH DATE: 146:--9
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) **?
PERMIT YR: 96 PERMIT NO: 0001152 COUNTY: MECKLENBURG
APPLICANT NAME: BALLANTYNR
PROJECT TYPE: COMMERCIAL FILL PERMIT TYPE: NW26
GOE #: bbT #:
RCD FROM CD-A: APP DATE FRM_C5A: 12/20/96
REG OFFICE! MRO
RIVER AND SUB BASIN is 030834
STREAM CLASS: C
WI.-IMPACT?: ON
WL-REQ'UESTED : j,
WL-SCORE(#) : O-Z5-ed
Iz1v
STR INDEX N0: 11-137-9
WL_TYPE : 2AW A, 2 j?,A?,
WL ACR EST? : U/N
WATER IMPACTED BY FILL?:C/N
MITIGATION?: I'N MITIGATION TYPE:
MITIGATION-SIZE: DID YOU REQUEST KOBE INFO?: Y4
4.6360 1 1 t
IS WETLAND RATING SHEET ATTACHED?: YON
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: 01N
RECONMFMATION (Circle One); ISSUE ISSUE/CO DENY
L?
COMMENTS : A ! S U d r[r?? , js
r

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CC.
94?s1) -2j!?k(0.7 -9cvrs?
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r
.:...... _ Dr.Zs CtGYC- t»C 16 { u'iV a SG9i/-C I t 5
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?• ? r"?/?s ; ,?iu -: l lam a ?? s y o 6/17?, ' . ?
Regional Offi-.41, ttre. (/Ql Cie
Central Files
4b ?'W&c' Wa rk- W4???? ?0 0 &d' 14
DEHNR MOORESVILLE R 0 Jan 15 '97 17:03 P.03
Project n e uu!SrK', Nearest road...
County e! - Mfan d area OIZS- Wet?and avid ?
Name of evaluator Y• - - Date
Wetland type (select one)*
OU "miand hardwood forest 0 Pine savanna ? Bog forest
eadwater forest 0 Freshwater marsh ? Bea/fen
CI Swamp forest 0 Estuarine fringe forest ? Sew
Q Wet flat CI Ephemeral wetland 0 Other
O Pecosin U Carolina Bay
-*The rating, system cannot be applied to salt or brackish marshes or stream channels
-------------------------------------
-- - --------------------
weight
Water storage x 4.00
Wedand Score
eank/Shoreline stabilization ?...J- x 4.00
Pollutant removal * x 5.00 - ,
Wildlife habitat x 2.00
=
Aquatic life value x 4.00 =
N Recreation/Education 1.00 ="°`...
G * Add 1 point if in sensitive watershed and > 10% nonpoint distUrUnce within 1/2 mile upstream, upslope, or radius
LEONARD S RIlVDNER
Environmental Planning Consultant 7113 Hickory Nut Drive
Landscape re NC 27613
G<2,? , ,?ekKa4P lanning (919 ) 878-91 1
sti J+ LETTER OF TRANSMITTAL
TO: DATE: I?
PROJECT : PROJA
ITEMS SENT :
AW 1 4 ate'
CONIM=S:
BY: COPY: