Loading...
HomeMy WebLinkAbout20191669 Ver 1_PCN Form Submission_20191205DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned 20191669 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Alan Johnson:eads\adjohnson1 Information for Initial Review 1a. Name of project: COURTESY COPY - Broadstone Highland Creek 1a. Who is the Primary Contact?* Jennifer Burdette 1b. Primary Contact Email:* burdette@mcadamsco.com Date Submitted 12/5/2019 Nearest Body of Water Stony Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 35.373929-80.781977 A. Processing Information County (or Counties) where the project is located: Mecklenburg Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) Version#* 1 Reviewing Office* Mooresville Regional Office - (704) 663-1699 1c. Primary Contact Phone:* (919)361-5000 V 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. lathe project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Mallard Creek Optimist Club, Inc. 2b. Deed book and page no.: 04244-183 2c. Responsible party: A. Stewart Mallard 2d.Address Street Address 5502 McChesney Drive Address Lim 2 City Charlotte Postal / Zip Cate 28269 2e. Telephone Number: (704)609-6189 2g. Email Address:* smallard1@bellsouth.net 3. Applicant Information (if different from owner) State / Province / Region NC Country USA 2f. Fax Number: r Yes r No r Yes r No 3a. Name: Donald Santos 3b. Business Name: Alliance Realty Partners, LLC 3c.Address Street Address 200 Providence Road, Ste 250 Address tine 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28207 USA 3d. Telephone Number: 3e. Fax Number: (704)941-0972 3f. Email Address:* dsantos@allresco.com 4. Agent/Consultant (if applicable) 4a. Name: Jennifer Burdette 4b. Business Name: McAdams Company 4c.Address Street Address 2905 Meridian Parkway Address Une 2 City State / Province / Fbgion Durham NC Fbstal / Zip Code Country 27713 USA 4d. Telephone Number: 4e. Fax Number: (919)361-5000 4f. Email Address:* burdefte@mcadanisco.com Agent Authorization Letter* ALL18040_RidgeRd_Mallard Creek Agent Auth SIGNED.pdf 67.37KB ALL18040_RidgeRd_Alliance Agent Auth SIGNED.pdf 628.43KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality/ town: Charlotte 2. Project Identification 2a. Property Identification Number: 2b. Property size: 02941110 11 2c. Project Address Street Address Ridge Road Address Une 2 City State / Rovince / Region Charlotte NC Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Stony Creek 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401050103 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The project area consists primarily of upland mixed hardwood and pine forest dominated by shagbark, white oak, sweetgum, green ash, and winged elm. A sanitary sewer easement runs east -west through the northern portion of the property. Figure 1 depicts the location of the property on the US Geological Survey (USGS) Cornelius and Derita, NC 7.5-minute quadrangle topographic maps. Figure 2 shows the location of the site on the Web Soil Survey map. Figure 3, attached at the end of the application, depicts the subject property on an aerial photograph of the area. Land use in the vicinity of the project consists of primarily of residential subdivisions with retail development along Ridge Road. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) ALL18040_RidgeRd_Fig 1 USGS.pdf 2.13MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) ALL18040_RidgeRd_Fig 2B Buffer Subj Soil Survey.pdf 2.14MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.06 4g. List the total estimated linear feet of all existing streams on the property: 675 4h. Explain the purpose of the proposed project:* The purpose of the project is provide retail/commercial and residential space to meet the market demand in the Charlotte area. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* This is a mixed -use development with retail/commercial and multi -family, multi -family and single-family buildings with attendant roads, parking, garages, trash facilities and an amenity area/urban open space. Stormwater generated by the development will be treated by two stormwater control measures consisting of an underground detention/sand filter systems. One road crossing required to provide safe egress for the development would permanently impact the perennial stream that bisects the project area. Grading to establish a contiguous footprint for the mixed -use development would also permanently impact the tip of a wetland that extends into the proposed footprint. Typical construction equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. 4j. Please upload project drawings for the proposed project. ALL18040-G1-impact Map.pdf 2.73MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: David Shaeffer, USACE field verified the surface water and wetland delineation on November 1, 2019 upon a request for a Preliminary Jurisdictional Determination (PJD). Mr. Shaeffer was notified that this application was imminent so that the PJD could be issued with the Nationwide Permit. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-01755 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jennifer Burdette Agency/Consultant Company: McAdams Company Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR November 1, 2019 - Meeting with David Shaeffer, USACE 5d1. Jurisdictional determination upload ALL18040_RidgeRd_Fig 4 PJD Map Verified.pdf 6. Future Project Plans 111KB 6a. Is this a phased project?* O Yes O No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? NA D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries F Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area W1 Fill P He adwater Forest W-3 Yes Both 0.007 (acres) W2 Construction Access T Headwater Forest W-3 Yes Both 2g. Total Temporary Wetland Impact 0.002 2g. Total Wetland Impact 0.009 2h. Comments: See the PJD map for the wetland identification. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.007 F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* S1 Road Crossing Temporary Other EOny Creek Perennial Both 5 15 Average (feet) (linearfeet) 3Y Road Crossing Permanent Rip Rap Fill UT to Stony Creek Perennial Both 5 19 Average (feet) (lir�rfeet) S3 Road Crossin 9 Permanent Culvert :Y, Ston Creek Y Perennial Both 5 68 Average (feet) (linearfeet) H Road Crossing Lmporary Other LIT to Stony Creek Perennial Both 5 23 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 87 31. Total stream and ditch impacts: 125 31. Total temporary stream impacts: 38 3j. Comments: Other =construction access including space required to pump stream flow around the culvert/riprap installation area E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant requested a delineation of surface waters and wetlands prior to designing a site plan to avoid and minimize impacts to these resources to the ma>amum extent practicable. The stream channel on the property bisects the project area. As part of the rezoning, the City of Charlotte would only allowone road connection to Prosperity Ridge Road. Two access points are required to ensure safe egress should one of the access points be blocked. Therefore, the proposed road crossing could not be avoided. The proposed wetland impact is a linear feature that protrudes a small amount (0.007 ac) into the contiguous footprint required for the development that is impracticable to avoid. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A Sediment and Erosion Control Plan will be developed and approved by City of Charlotte, and the project will comply with the supplementary NPDES Construction Stormwater Permit (NCG010000) including a plan to pump the stream flow around the culvert/riprap area during construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Because the permanent impacts of the project do not exceed 150 linear feet of stream or 0.10 acre of wetland, mitigation should not be required. F. Stormwater Management and Diffuse Flow Plan (required by DWR) U 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project is not located within an area that requires state protected riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 2d. Which of the following stormwater management program(s) apply: W Local Government r State Local Government Stormwater Programs W Phase II r NSW r USMP f Water Supply Please identify which local government Stormwater program you are using. City of Charlotte Comments: The proposed development is located within the Yadkin-PeeDee River basin with stormwater runoff from the proposed development draining into an unnamed tributary to Stony Creek. Per the City of Charlotte regulations, stormwater management on this site shall meet the stormwater management performance standards for development set forth in the City of Charlotte design standards. The proposed project will result in a significant increase in peak flow rates to downstream properties. To mitigate these impacts, the proposed stormwater management facility has been sized such that post -development peak flow rates are no greater than pre -development levels in the 10-, and 25-year storm events on site. Two proposed stormwater control measures consisting of an underground detention/sand filter system are designed as "optimal efficiency' stormwater facilities according to Chapter 4.3 of the Charlotte -Mecklenburg BMP Design Manual (Revised July 1, 2013). The proposed stormwater facilities will provide the required 85 % TSS removal as well as the 70 % total Phosphorus removal required in this watershed. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The proposed project is a mixed -use development that is not anticipated to result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project will be connected to the City of Charlotte sanitary sewer system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes f No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See attached response from Byron Hamstead with USFWS dated October 1, 2019. Consultation Documentation Upload ALL18040_Mallard_USFWSResponse.pdf 355.04KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The Essential Fish Habitat (EFH) Mapper (https://www.habitat.noaa.gov/protection/efh/efhmapper) was accessed on December 5, 2019. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* After McAdams' request for an environmental review of the proposed project, NC SHPO issued a letter on October 14, 2019 indicating that they are aware of no historic resources that would be affected by the project. 7c. Historic or Prehistoric Information Upload ALL 18040_RidgeRd_SHPOResponse Ltr. pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* NCFIRM Map Number: 3710456900J, Revised: 03/02/2009 Miscellaneous Comments Miscellaneous attachments not previously requested. ALL18040_RidgeRd_Fig 3 Aerial.pdf 95.11 KB 2.81 MB Signature R By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Jennifer Burdette Signature Date 12/5/2019 'J MC A DA M S AGENT AUTHORIZATION FORM All Blanks To Be Filled In sy The Current Property Owner PIN(s): 029-411-10 MALLARD CREEK OPTIMIST CLUB INC 5502 McChesney Drive, Charlotte, NC 28269 Name: Address: Phone/Email: 70` a Project Name: 5050 Ridge Road — Mixed -Use Development Project Number: ALL-18040 Project Manager: Jennifer Burclette US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on -site investigation and issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. ,l exll Print Property Owner Name & Title Date creating experiences through experience 2905 Meridian Parkway, Durham, NC / 919. 361. 5000 AGENT AUTHORIZATION FORM 2905 Meridian Parkway, Durham, NC / 919. 361. 5000 creating experiences through experience All Blanks To Be Filled In By The Current Contract Purchaser Project Area PIN(s): 029-411-10 Name: Address: 200 Providence Road, Suite 250 Phone/Email: Project Name: 5050 Ridge Road – Mixed Use Development Project Number: ALL-18040 Project Manager: Jennifer Burdette US Army Corps of Engineers NC Division of Water Resources Asheville Regulatory Field Office 401 & Buffer Permitting Branch 151 Patton Avenue, Room 208 512 N. Salisbury Street Asheville, NC 28801-5006 Raleigh, NC 27604 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. I, the undersigned, a duly authorized contract purchaser of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on-site investigation and issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. Print Contractor Purchaser Name & Title Signature Date PLEASE COMPLETE Alliance Realty Partners, LLC 704-941-0972 dsantos@allresco.com Donald Santos, Vice President 08/19/2019 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)OpenStreetMap contributors, and the GIS User Community 0 2,0001,000 Feet1 inch = 2,000 feet $ FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP5050 RIDGE ROADCHARLOTTE, MECKLENBURG COUNTY, NC <UND>NOTES:</UND>1. USGS; 7.5 MINUTE, QUAD, "CORNELIUS" & "DERITA," NORTH CAROLINA; 20162. LAT: 35.373929, LONG: -80.781977 8/19/2019 pierzgaALL-18040DATE:JOB NO:DRAWN BY: Y:\Projects\ALL\ALL-18040\Storm\Natural Resources\GIS\ALL18040_RidgeRd_Fig 1 USGS.mxd, 8/19/2019 10:38:06 AM, pierzga 1VERSION: 0 2,0001,000 Feet1 inch = 2,000 feet $ FIGURE 2B. BUFFER SUBJECTIVITY SOIL SURVEY5050 RIDGE ROADCHARLOTTE, MECKLENBURG COUNTY, NC <UND>NOTES:</UND>1. NRCS; SOIL SURVEY SHEETS 2 & 4, MECKLENBURG COUNTY, NC (1980) Y:\Projects\ALL\ALL-18040\Storm\Natural Resources\GIS\ALL18040_RidgeRd_Fig 2B Buffer Subj Soil Survey.mxd, 8/19/2019 11:21:41 AM, pierzga 8/19/2019 pierzgaALL-18040DATE:JOB NO:DRAWN BY: 1VERSION: CLIENT REVISIONS PROJECT NO.ALL-18040 FILENAME CHECKED BY BGP/JBW DRAWN BY DMD SCALE DATE 10. 18. 2019 N0.DATE Y:\Projects\ALL\ALL-18040\Land\Construction Drawings\Current Drawings\ALL18040-G1-Impact Map.dwg, 12/5/2019 3:26:12 PM, Woodard, JonathanThe John R. McAdams Company, Inc. www.mcadamsco.com 3430 Toringdon Way Suite 110 phone 704. 527. 0800 fax 919. 361. 2269 license number: C-0293, C-187 Charlotte, NC 28277 BROADSTONE HIGHLAND CREEKCONSTRUCTION DRAWINGS5050 RIDGE ROADCHARLOTTE, NORTH CAROLINA, 28269SHEET PLAN INFORMATION FINAL DRAWING - RELEASED FOR CONSTRUCTION ALL18040-G1-Impact Map ALLIANCE RESIDENTIAL KRISTIN VINESETT 200 PROVIDENCE ROAD, SUITE 250 CHARLOTTE, NORTH CAROLINA, 28207 PHONE: 980. 214. 1837 GRAPHIC SCALE 0 20 40 80 1 inch = 40 ft.EX-1 1"=40' OVERALL IMPACT MAPCONTRACTOR SHALL NOTIFY "NC811" (811) OR (1-800-632-4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE THEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. R PROSPERITY RIDGE ROAD (70' PUBLIC R/W) UNIT OWNERSHIP FILE 831, PG 1) RIDGE ROAD - SR 2601 (VARIABLE PUBLIC R/W) OLD RIDGE ROAD (60' PUBLIC R/W) MB 28, PG 102 GOOSE CREEK DR (72' PUBLIC R/W)RUISSEAU ST GRADING LEGEND MIXED-USE 1 BUILDING MIXED-USE 2 BUILDING RESIDENTIAL 3 BUILDING RESIDENTIAL 4 BUILDING 1 2 3 4 5 6 7 GARAGE GARAGE GARAGE GARAGE ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CURRENT CITY OF CHARLOTTE LAND DEVELOPMENT STANDARDS MANUAL STORMWATER CONTROL MEASURE "A" (SEE "C9" SHEETS) STORMWATER CONTROL MEASURE "B" (SEE "C9" SHEETS) AMENITY AREA GRAPHIC SCALE 0 15 30 60 1 inch = 30 ft.GOOSE CREEK DR(72' PUBLIC R/W) RESIDENTIAL 4 BUILDING GARAGE ALL18040-G1-Impact Map Y:\Projects\ALL\ALL-18040\Land\Construction Drawings\Current Drawings\ALL18040-G1-Impact Map.dwg, 12/5/2019 3:26:31 PM, Woodard, Jonathan BROADSTONE HIGHLAND CREEK IMPACT INSET 5050 RIDGE ROAD CHARLOTTE, NORTH CAROLINA PROJECT NO.PSR-18000 FILENAME CHECKED BY JBW DRAWN BY DMD SCALE 1"=30' DATE 11. 21. 2019 The John R. McAdams Company, Inc. www.mcadamsco.com phone 704. 527. 0800 fax 919. 361. 2269 license number: C-0293 3430 Toringdon Way Suite 110 Charlotte, NC 28277 PLAN INFORMATION RUISS E A U S T EX-2 DOWNSTREAM CULVERT CROSS SECTION DOWNSTREAM CULVERT CROSS SECTION ALL18040-G1-Impact Map Y:\Projects\ALL\ALL-18040\Land\Construction Drawings\Current Drawings\ALL18040-G1-Impact Map.dwg, 11/26/2019 11:04:49 AM, Doan, Diana BROADSTONE HIGHLAND CREEK CULVERT CROSSING - GRADING PLAN 5050 RIDGE ROAD CHARLOTTE, NORTH CAROLINA PROJECT NO.PSR-18000 FILENAME CHECKED BY JBW DRAWN BY DMD SCALE 1:40 HOR; 1:4 VERT DATE 11. 21. 2019 The John R. McAdams Company, Inc. www.mcadamsco.com phone 704. 527. 0800 fax 919. 361. 2269 license number: C-0293 3430 Toringdon Way Suite 110Charlotte, NC 28277 PLAN INFORMATION EX-3 Ridge Rd Ridge Rd 0 8040Feet1 inch = 80 feet $ FIGURE 4. PRELIMINARY JURISDICTIONAL DETERMINATION MAP5050 RIDGE ROADCHARLOTTE, MECKLENBURG COUNTY, NC (As verified by David Shaeffer, USACE on November 1, 2019.) DP#1(approximate loca tion) W-1+/- 0.052 ac Y:\Projects\ALL\ALL-18040\Storm\Natural Resources\GIS\ALL18040_RidgeRd_Fig 4 PJD Map.mxd, 11/1/2019 2:14:11 PM, burdette 11/1/2019 burdetteALL-18040DATE:JOB NO:DRAWN BY: 2VERSION: W-2+/- 0.033 ac W-3+/- 0.011 ac T-1Perennial+/- 675 LF Legend Project area Tribut aryPotential Non-wetlandWaters of the US WetlandsPotential WetlandsWaters of the US 2ft Contours DP#2 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 October 14, 2019 Jennifer Burdette McAdams 2905 Meridian Parkway Durham, NC 27713 Re: Construct Apartments, 5050 Ridge Road, Charlotte, Mecklenburg County, ER 19-2802 Dear Ms. Burdette: Thank you for your letter of September 13, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Prosperity Ridge Rd Ridge Rd NC Center for Geographic Information & Analysis 0 8040Feet1 inch = 80 feet $ FIGURE 3. AERIAL MAP5050 RIDGE ROADCHARLOTTE, MECKLENBURG COUNTY, NC Y:\Projects\ALL\ALL-18040\Storm\Natural Resources\GIS\ALL18040_RidgeRd_Fig 3 Aerial.mxd, 8/19/2019 3:13:19 PM, pierzga 8/19/2019 pierzgaALL-18040DATE:JOB NO:DRAWN BY: 1VERSION: United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 October 1, 2019 Jennifer Burdette McAdams 2905 Meridian Parkway Durham, North Carolina 27713 Subject: Broadstone Mallard Creek Residential Development; Cleveland County, North Carolina Log No. 4-2-19-395 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated September 24, 2019, wherein you request concurrence with your effect determinations for project-mediated impacts to federally protected species. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the Applicant proposes to construct a multi-family apartment community on approximately 10.5 wooded acres in Charlotte, North Carolina. Onsite habitats consist of upland mixed hardwood and early successional vegetation along a disturbed/maintained sanitary sewer easement. Surrounding land use is dominated by residential developments. The project would entail the construction of four apartment buildings, townhomes, garages, and appurtenant parking infrastructure. Your assessment indicates that the site is bisected by approximately 675 linear feet of a small unnamed tributary, and three wetlands totaling 0.096 occur onsite. A description of proposed impacts to Waters of the U.S. has not been provided at this time, but development plans call for one roadway crossing of the unnamed tributary stream, and a 50-foot wide riparian buffer along a portion of the stream. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 – July 31). Based on the information provided, the project (which may or may not require tree clearing) would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid 2 any associated tree clearing activities during the maternity roosting season from May 15 – August 15. Suitable habitats occur onsite for the federally endangered smooth coneflower (Echinacea laevigata), Schweinitz’s sunflower (Helianthus schweinitzii), and Michaux’s sumac (Rhus michauxii). Service records indicate records of Schweinitz’s sunflower in the project vicinity. However, survey efforts conducted during optimal survey windows did not detect any evidence of these plant species. Therefore, we agree with your determination that the proposed project may affect, but is not likely to adversely affect these species. Based on the information provided, and our familiarity with the streams in the area, we believe that onsite aquatic habitats would not support the federally endangered Carolina heelsplitter (Lasmigona decorata). Therefore, we would not object to an action agency determination of “no effect” for this species. We have no concerns for project-meditated impacts to any other federally protected species and we require no further information at this time. Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following general recommendations on behalf of natural resources: Road Crossings and Parking Infrastructure We encourage you to consider the use of bridges or spanning structures for all permanent roadway crossings of streams and associated wetlands. Structures should span the channel and the floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic and terrestrial organisms, and eliminate the need to place fill in streams and floodplains. If bridges are not possible and culverts are the only option, we suggest using bottomless culverts. Bottomless culverts preserve the natural stream substrate, create less disturbance during construction and provide a more natural post-construction channel. Culverts should be sufficiently sized to mimic natural stream functions and habitats located at the crossing site; allow for water depth, volume (flow), and velocity levels that will permit aquatic organism passage; and accommodate the movement of debris and bed material during bank-full events. In the event that a traditional culvert is the only option, the culvert design should provide for a minimum water depth in the structure during low-flow/dry periods. Sufficient water depth should be maintained in all flow regimes so as to accommodate both the upstream and downstream movement of aquatic species. Water depth inside the culvert must be adequate for fish to be completely immersed and all other aquatic life to move freely. The culvert should be designed and installed at the same slope as the stream grade to maintain an acceptable water velocity for aquatic life passage and for stream substrate characteristics to be retained within the culvert. 3 Where feasible, we recommend the use of multiple barrels, in addition to the low-flow barrel(s), to accommodate flood flows. Floodplain barrels should be placed on or near stream bank-full or floodplain bench elevation and discharge onto floodplain benches. Where appropriate, install sills on the upstream end of floodplain barrels to restrict or divert the base stream flow to a single barrel. If the culvert is longer than 40 linear feet, alternating or notched baffles should be installed in a manner that mimics the existing stream pattern. This will enhance the passage of aquatic life by: (1) depositing and retaining sediment in the barrel, (2) maintaining channel depth and flow regimes, and (3) providing resting places for fish and other aquatic organisms. We also recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, and parking infrastructure. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground-disturbing activities occur. Any instream work should occur under dry conditions utilizing a temporary diversion/pump-around system. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native grass and tree species as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. Riparian Buffers Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: 1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from reaching streams; 2. enhance the in-stream processing of both point- and nonpoint-source pollutants; 3. act as “sponges” by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods); 4. catch and help prevent excess woody debris from entering the stream and creating logjams; 5. stabilize stream banks and maintain natural channel morphology; 6. provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web; and 7. maintain air and water temperatures around the stream. 4 Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100-year floodplain, whichever is greater]) should be created and/or maintained along all aquatic areas. Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructures that require maintained, cleared rights-of-way and/or compromise the functions and values of the forested buffers should not occur within these riparian areas. Pollinator Habitat Pollinators, such as most bees, some birds and bats, or other insects, including moths and butterflies, play a crucial role in the reproduction of flowering plants and in the production of most fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops are pollinated by these pollinators. A recent study of the status of pollinators in North America by the National Academy of Sciences found that populations of honey bees (which are not native to North America) and many wild pollinators are declining. Declines in wild pollinators are a result of loss, degradation, and fragmentation of habitat and disease; while declines in honey bees has also been linked to disease. Because loss of habitat and diminished native food sources have decreased the populations and diversity of pollinators throughout the country, we recommend that development projects be sited in areas that are previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature forests, streams, or wetlands. The rusty-patched bumble bee (Bombus affinis) historically occurred in North Carolina’s Mountain and Piedmont provinces. Although not required, we encourage your client to consider the recommendations below to benefit the rusty-patched bumble bee and other pollinators. Moreover, the creation and maintenance of pollinator habitats throughout the site, (and especially open areas proposed for common use), may increase the value of the project for the community and help reduce the spread of invasive exotic plants. Please consider the following: 1. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants that bloom throughout the entire growing season. 2. Taller growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, left un-mowed during the summer, would provide benefits to pollinators, habitat to ground nesting/feeding birds, and cover for small mammals. 3. Low growing/groundcover native species should be planted in areas that need to be maintained. This would provide benefits to pollinators while also minimizing the amount of maintenance such as mowing and herbicide treatment. Milk weed species are an important host plant for monarch butterflies. 4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only 50% of the plant height, but no lower than 8 inches. 5. Avoid mowing outside the active season for rusty-patched bumble bee and other pollinators (April 15 – October 15). 6. Leave slash piles, mulch piles, or loose dirt piles along woodland edges. These areas provide nesting habitats and/or nest materials for some pollinators. 7. Avoid the use of pesticides and specifically neonicotinoids. 5 8. Additional information regarding plant species, seed mixes, and pollinator habitat requirements can be provided upon request. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-19-395. Sincerely, - - original signed - - Janet Mizzi Field Supervisor