20021886 Ver 1_COMPLETE FILE_20021210

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 14, 2004
DWQ# 02-1886
Mecklenburg County
Mr. Philip M. Hayes
Crescent Resources, LLC
400 South Tryon St., Suite 1300
Charlotte, NC, 28201-1003
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Hayes:
You have our approval, in accordance with the attached conditions, to place fill in 0.32 acre of wetlands and 545 linear
feet of perennial streams to construct road crossings associated with the proposed Palisades Parkway in Mecklenburg
County, as described in your application received by the Division of Water Quality on December 10, 2002, and in additional
correspondence received January 22, 2003, October 21, 2003, November 3, 2003 and January 14, 2004. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3404, which can
be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit
Number 14 when it is issued by the U.S. Army Corps of Engineers. 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, Non-
Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 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. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland and/or stream fills for this project (now or in the future) exceed one acre or
150 linear feet of perennial streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
You should also note that any development facilitated by the construction of this road and involving additional stream
and/or wetlands impacts may require a stormwater plan if impervious surface area exceeds 30%. For this approval to be
valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed;
2. The culverts required for this project shall be installed in such a manner that downstream profiles are not altered (i.e. the
depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the
pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes
are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched
manner, the pipes shall be removed and re-installed correctly.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be
used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall
not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
3. Heavy equipment shall be operated from the bank rather than in the stream channel in order to minimize sedimentation
and reduce the likelihood of introducing other pollutants into the stream;
4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
-_-- -- - u
Mr. Philip M. Hayes
January 14, 2004
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-construction Notice Application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes,
or rules occur;
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and
the natural grade restored within six months of the date that the Division of Land Resources has released the project;
7. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 26 .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of issuance of
the 404 Permit to make this payment. For accounting purposes, this Certification authorizes the placement of fill in 0.32
acre of wetlands and 545 linear feet of perennial streams to construct road crossings associated with the proposed
Palisades Parkway in Mecklenburg County in the Catawba River Basin, Cataloging Unit 03050101, and 545 linear feet
of stream mitigation is required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding
of wetland impacts to the nearest foot (15A NCAC 2R .0503(b));
8. An additional condition is that all constructed stormwater conveyance outlets shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a
stream as identified within 15A NCAC 213 .0243 (5). If this is not possible it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. This may require additional approval from this Office;
9. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective
buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
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, Mail Service Center 6714,
Raleigh, N.C. 27699-6714. 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 Mike Parker in the DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in
the Central Office in Raleigh 919-733-9721.
Sincerely,
l
Alan W. Klimek, P.E.
Mr. Philip M. Hayes
January 14, 2004
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mike Parker, Mooresville DWQ Regional Office
File Copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
021886
Mr. Philip M. Hayes
January 14, 2004
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Philip M. Hayes of Crescent Resources, LLC has permission as outlined
below to place fill in 0.32 acre of wetlands and 545 linear feet of perennial streams to construct road crossings associated
with the proposed Palisades Parkway in Mecklenburg County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
Palisades Parkway
Mecklenburg
BASIN/SUBBASIN Catawba (03-05-01-01)
Impacts:
fill in 545 linear feet of perennial streams and 0.32 acre of wetlands
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
545 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated
January 17, 2003, the WRP indicated that up to 2300 linear feet of stream mitigation will be conducted by WRP if
necessary for the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 213 .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below., An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Re: [Fwd: FW: palisades parkway]
Subject: Re: [Fwd: FW: palisades parkway]
From: Michael Parker <Michael. Parker @ncmail.net>
Date: Wed, 14 Jan 2004 11:56:48 -0500
To: Cyndi Karoly <[e-mail]>
Cyndi,
In my original 401 comments on FMP, I pointed out that the construction of road crossing no. 2 had the
"potential" to negatively alter the upstream hydrology, potentially reducing the current wetland acreage if
improperly constructed. However, Len (and his client) has indicated a willingness to maintain the current
hydrology that exists above proposed road crossing. In recent weeks, I discussed various options with
Len that may be available to his client to minimize or reduce wetland impacts. Based on my discussions
with him, I feel that my concerns has been adequately addressed and that existing hydrology will be
maintained.
Such being the case, Len's plans for construction of crossing no. 2 are fine with me. I'm in favor with
moving forward with this project and issuing the 401. I would also like for the 401 to be issued out of
your shop since the issue of "cumulative impacts" came up early in our review. I'm not trying to pawn
this project back on you guys, but since 90% of the review and discussions were between Len and your
Office, and with the cumulative impact issue added too, I would feel more comfortable if ya'11 issued it.
This is the only SW condition that I thought should be included in the 401.
Diffuse Flow (No Review)
An additional condition is that all constructed stormwater conveyance outlets shall be directed as diffuse
flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B.02????? (5). If this is not possible it
may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may
require additional approval from this Office.
Any development that occurs as a result of this road may have to do a SW mgmt plan if additional inpacts
to streams/wetlands occur:
If you need anything else, let me know.
Mike
Cyndi Karoly wrote:
Mike - the Dec 18 '03 hold letter was written from Central as our best interpretation of your staff
report. Our impression was that these were the two last details you needed a bit more time to mull
over with Len. You've mentioned a "most recent submittal". The most recent thing we have is from
Len dated 10/18/03, so I'm guessing you've gotten info that hasn't made it to our file (not saying Len
didn't mail it...).
The point of our hold letter was to buy you time to get you to a comfort point on issuance. If Len has
provided what you need, including stormwater details, then you can go ahead and issue it out of MRO
as far as we're concerned. Or we can issue it, just please advise what stormwater condition is needed.
1 of 3 1/14/04 12:28 PM
Re: [Fwd: FW: palisades parkway]

I hope this makes sense - I've been shuffling too *&#$Q*)(**&( many files today. Be very glad the
Banner Elk Lowes' project is not in your region.
I hope the meeting Len was dreading was not one we had. I have no idea which meeting he was
referring to as a matter of fact.
Cheers, dammit!
Michael Parker wrote:
Cyndi,
I would like to get this project moving (towards issuance), and I wanted to
see what more you needed from me to get DWQ's concerns resolved. As you can
see from Len's email below, he and I have discussed various ways of
constructing the road crossing without impacting the existing wetland.
Based on Len's most recent submittal, I am of the opinion that the placement
and location of the drainage pipes for the road crossing, that are to be set
on top of the existing road bed, will not only maintain the wetland's
existing hydrology, but possibly enhance it. We (DWQ) could also require
that the applicant conduct a long-term monitoring of the hydrology to make
sure that a reduction or loss of wetland does not occur as a result of the
road construction. Other than that, I'm not sure what else we should make
them do. Would you get back to me and advise what else is needed to get
this application approved. Thanks.
Michael
Len Rindner wrote:
Road Crossing #2 - remember the one with the big wetlands where we're
using the same location as the existing road. She wants us to
demonstrate that the wetland would not be affected. They've narrowed it
considerably per the recent submittal and are going to maintain the
existing road berm to back the water up. The new pipes would be set on
top of the old road bed. Overflow would go through the pipes, just like
it goes over the road now.
I'm looking forward to a nasty meeting on Tuesday. But that's the way it
goes. Anything you could do would be appreciated
I'll fax you the information, if you don't have it. Thanks again
Len
Michael Parker - [e-mail]
Environmental Engineer II
North Carolina Dept. of Environment & Natural Resources
Division of Water Quality
919 N. Main Street
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
Michael Parker - [e-mail]
Environmental Engineer II
North Carolina Dept. of Environment & Natural Resources
Division of Water Quality
i
2 of 3 ! 1/14/04 12:28 PM
Re: [Fwd: FW: palisades parkway]
919 N. Main Street
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
Michael Parker <[e-mail]>
Environmental Engineer II
NC DENR - Mooresville
Division of Water Quality
3 of 3 1/14/04 12:28 PM
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Palisades Parkwa
Project Number 02 1886
Recvd From APP
Received Date 12/10/02 Recvd By Region 12/16/2002
Project Type road crossing
County Mecklenburg
County2
Region Mooresville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
14 Stream PT *N F_ 11-(67) WSIV F_30,832. 0.32 545.00 545.00
j
CBR Buffers 10 Y N ' F- 30,832: F_ F_
F-F-PTON F-F- r I -r I -F-F-Ir I -I -
Mitigation
MitigationType
Wetland
Type Acres Feet
Stream WRP Stream I- 545.00
1 Wetland WRP mAr?r 0.75 1-
Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? *Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y O N
Is Mitigation required? 0 Y O N Recommendation: O Issue 0 Issue/COnd O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
The applicant is proposing to construct a Parkway that will provide connectivity between two (2) State
maintained roams for a proposed residential and commercial development. For a portion of its
proposed length- the Parkway will be built in the foot print of an existing _gravel road that currently
accesses the prop .- The Parkway's proposed route will ultimately result in approx. 5 different
perennial stream channel crossings- All of the proposed crossings have been designed to minimize
channel impacts, but still allow maximum site development- Parkway Crossing No. 2 presents the
potential for the most wetland/stream channel impacts- At Crossing No. 2, the construction of the
exi. n gravel road created a berm that caused the stream to hack up and flood several acres of
bottomland hardwoods. Such being the case, any impacts to this road by the construction of the
proposed Parkway (or to the current drainage ap ttern) has the potential to negatively alter the
upstream hydrology, potentially reducing the current wetland acreage, (see next page)
cc: Regional Office
Central Office Page Number 1
North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
January 17, 2003
ern
NCDENR
Leonard Rindner -
Environmental Planning Consultant ?Yf
3714 Spokeshave Lane's
Matthews, NC 28105
IAN 2 22003
Subject: Project: Palisades South
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) is willing to accept payment for stream impacts associated with the subject project. Please
note that the decision by the NCWRP to accept the mitigation requirements of this project does not
assure that this payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division
of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to
determine if payment to the NCWRP for impacts associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of
the issued 404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated January 12, 2003, the stream restoration that
is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the
following table. The maximum amount of mitigation that the NCWRP will accept for this project is
also indicated in this table.
Stream
(linear feet) Wetland
(acres) Riparian Buffer
(ft2)
Impacts 1150
Mitigation Maximum 2300
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03050101 of the
Catawba River Basin. The mitigation will be performed in accordance with the Memorandum of
Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army
Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Ronald E. Ferrell
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE-Asheville
Mike Parker, Mooresville DENR Regional Office
Wetlands Restoration Program 1619 Mail Service Center
[phone]
Raleigh, NC 27699-1619
Fax: [phone]
O?O? W ATF9QG
r
December 18, 2003
Mecklenburg County
DWQ Project No. 02-1886
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Philip M. Hayes
Crescent Resources, LLC
400 South Tryon St., Suite 1300
Charlotte, NC, 28201-1003
Dear Mr. Hayes:
On November 3, 2003, the NC Division of Water Quality (DWQ) received your revised application for a 401 Water
Quality Certification for 545 linear feet of perennial stream fill and 0.32 acre of wetland impacts associated with the
construction of the proposed Palisades Parkway in Mecklenburg County. In accordance with 15A NCAC 2H .0506, Mr.
Mike Parker of the DWQ Mooresville Regional Office is working with your consultant, Mr. Len Rindner, to address the
immediate and long-term implications of this complex project. We have determined that significant uses could be
removed or degraded by this project. At this time, we understand that two issues we discussed in our January 29, 2003
correspondence to you require further discussion before final resolution of our decision on the 401 Certification.
Specifically, please provide details to address the following items so that we may further review your application for
avoidance and minimization of impacts as required in 15A NCAC 2H.0506(b) and 15A NCAC 213.0233:
1) Cumulative Impacts
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Parker notes that he and Mr. Rindner are in the process of discussing various options available to minimize or
reduce wetland impacts which may be incurred by future development in the vicinity of Crossing No. 2. We
understand that Mr. Rindner is discussing design alternatives with you and the NC Department of Transportation.
Please note that the currently proposed path at Crossing No. 2 would be approved if no other crossing options are
feasible and it is demonstrated that no negative impacts to the hydrology of wetlands at this location would occur
from future development;
2) Stormwater
Mr. Parker and Mr. Rindner are in the process of discussing stormwater design details associated with the
Palisades Parkway and future development within this corridor. Please note that sufficient design details and plans
to ensure stormwater treatment to remove 85% TSS according to the latest version of DWQ's Stormwater Best
Management Practices manual at a minimum for the Palisades Parkway and future development will be necessary
prior to issuance of the 401 Certification.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
keep this project on hold. Please note that this information should be provided to the DWQ Wetlands/401 Unit office in
Raleigh as well as to Mike Parker in the Mooresville Regional Office. We understand that Mr. Parker anticipates the
provision of these details from Mr. Rindner. Also, this project will be placed on hold for our processing due to incomplete
information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Mike Parker in our Mooresville Regional Office
at 704-663-1699 or Cyndi Karoly in our Central Office in Raleigh at [phone].

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (ht!p://h2o.enr.state.nc.us/ncwetiands)
Customer Service #: 1-877-623-6748
Palisades parkway 02-1886 Meck. County
Subject: Palisades parkway 02-1886 Meck. County
Date: Mon, 01 Dec 2003 11:12:18 -0500
From: Michael Parker <[e-mail]>
Organization: NC DENR - Mooresville Regional Office
To: Cyndi Karoly <[e-mail]>
CC: John Dorney <[e-mail]>
Cyndi/John:

,+) i
,??? ?,?s Ste'
Not real sure what I (we) should do about this one. The original 401 was
issued from your shop, and I am a bit uncomfortable issuing a revised 401
from down here, especially with all the hot political issues surrounding
this project. On top of that, today is my only day in the Office for the
next 2 weeks and I don't want this project to go statuatory on us (60-days
is up •2/22 I have been on leave for most of November, and will be on
leave for practically all of December. I will not have time today to
write an "add info" letter because I'm leaving around 2:00 pm. Because of
41i.V)2 the future ramifications that this project may produce, we need to make
- sure that we are comfortable with what they've told us and how it will
affect growth in the parkway corridor. Can you/do you want to send them
something to place it on hold so I (we) can sort it all out after the
holidays? It may be necessary to meet to get the SW concerns addressed
prior to 401 issuance.
Michael
Len Rindner wrote:
>
> -----Original Message-----
> From:
> Sent: Monday, December 01, 2003 7:25 AM
> To: Michael Parker (Business Fax)
> Subject: palisades parkway
> Mike.
> When do you think we will hear something - big meeting coming up soon.
> Also need to move forward with the Palisades North project and don't
> want to confuse things.
> I hope you had a good time over Thanksgiving.
> Len
Michael Parker - [e-mail]
Environmental Engineer II
North Carolina Dept. of Environment & Natural Resources
Division of Water Quality
919 N. Main Street
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
1 of 2 12/1/03 2:29 PM
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Palisades Parkway
Project Number 02 1886
Recvd From APP
County Mecklenburg
County2
Region Mooresville
Received Date 12/10/02 Recvd By Region 12/16/2002
Project Type road crossing
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream O _77@ N F- 11-(67) WSIV ?- 30,832. 0.32 545.00
C$R Buffers ®Y ON F--F-F-F- 30,832. r-r-
Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream 1545.00
F_ I F_
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
The applicant is proposing to construct a Parkway that will provide connectivity between two (2) State
maintained roads for a proposed residential and commercial development. For a portion of its
proposed length, the Parkway will be built in the foot print of an existing _gravel road that currently
accesses the property. The Parkway's proposed route will ultimately result in approx. 5 different
perennial stream channel crossings. All of the proposed crossings have been designed to minimize
channel im acts,_but still allow, maximum site development. Parkway Crossing No. 2 presents the
potential for the most wetland/stream channel impacts. At Crossing No. 2. the construction of the
existing gravel road created a berm that caused the stream to back up and flood several acres of
bottomland hardwoods. Such being the case, any impacts to this road by the construction of the
proposed Parkway (or to the current drainage atp tern) has the potential to neaati?vely alter the
upstream hydrology- potenteally reducing the current wetland acreages, (see next pie)
cc: Regional Office
Central Office Page Number 1

prafenueaal Wetland
Land nNu tg
October 18, 2003
Mr. Ph01ip M. e$
Crdaeent Rees , LLC
400 Sooth Tryon Suva, Suite 1300
P.O. Hoar 1003
Charlotte, NC 28201-1003
714 8p*edLave Lane
Ma#hm% NC 48105
ToW (104) $46'0461
Fax [phone]
qoy- ??? 7
WETLANDS/ 401 GROUP
Nov 0 3 2003
QUALITY SECTION
Dear Phil:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources for wetlands permitting I will need your
authorization. Please sign the following statement:
716 Jsaar audto*.es Leanand S RIM&W, PIPS as our firm's agent in aQ MOM
rdeW to weelandolr for the r+efoomed,project This includes innterfaeing with the United
Swo Array Corps of Engineers and the North Carolina Depatfent of NewW
Resources.
( U 1
2a7?
14 - fill
mlp aiuay-el Date
Please contact me if you have any gx@Won regpire additional explanation. Thank you
for your consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession wetland Scientist
Cc: Rich Reichle
lU/27/ZUUJ 11:UZ raa /U401,300427 v,u.vvu?= _`_? ""•• ""
Profesdomw Wetland
Land rbMd sg
October 18, 2003
WETLANDS / 401 GROUP
Mr. Phalipp MM NO V 0 3 2003
Crescent , LLC
400 SaA Tryon Street, Snite 1300 WATER
P.O. Hoar 1003 QUALITY SECTION
Charrloft, NC 2820 -1003
>:.• ._. t A..tr...dgMWip Lgtw• for Palisades, Parbwm Meddeabara Co" NC
Dear Phil:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources for wetlands permitting I will need your
authorization. Please sign the following statement:
This kner aud sortes Learand S Riardhar, M as our f Inn's agent in all meanx
related to wdlarr& for 44e refamced propa 71us includes interfacing with the United
&Wes Army Corps of Engineax and the North Carolina Depardnent of Natural
ResourceL
0 A ?, 2117
y.. Date
Please contact me if you have any gwWo=w rewire additional explanation. Thank you
for your consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
3714 Spdasbm Laoe
M&#bgws, NC 28165
Tek: ('104) 646.0461
Pas (7®4) 847-0185
Cc: Rich Reichle
lu/Ll14uua 11=uc r^A .a...•..+.-
Profneisaal Wetland Scientist
land llauiag
October 18, 2003
Mr. Phillip M. E*m
Crescent Rees , LLC
400 South Tryon Street, Suite 1300
P.O. Box 1003
Charlotte, NC 2820-1003
WETLANDS/ 401 GROUP
Nov 0 S 2003
WATER QUALITY SECTION
Dear Phil:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources for wetlands permitting I will need your
authorization. Please sign the following statement:
Th* leper audwhes Leonard S .Ihubs r, APPS as our fi<rtn's agent in all nmfiers
related to weNandB for the nefonnced,p wpa Thus includes interfacing with the United
States Army Corps of Engineers and the North Carolina Deparhnent of Nabuwl
Resources
. a Date
Please contact me if you have any qmvtion&,w recut additional explanation. Thank you
for your consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
3714 Spokeslave Lane
Matthews, NC 28105
Tole: (704) 846'0461
Fax [phone]
Cc: Rich Reichle
1V/ZY/ZVVJ 11:u4 rtkA tuvo, V- ...v.....--- _
Profesiusaal Wedand
Land rbmm ag
October 18, 2003
3714 Spokeshave Lane
Matthewr, NC 28105
Tele: (7M) 846.0461
Fax [phone]
WETLANDS/ 401 GROUP
Mr. Philip M. NO V 0 3 2003
C+?mut ResO?LLC
400 South Tryon Street, Suite 1300 WATER QUALITY SECTION
P.O. Bole 1003
Charlotte, NC 28201-1003
- And ?ud. gIfto Lttwr for ?&Wades Parlrway Meckleabara Coaatr. NC
Dear Phil:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources for wetlands permitting I will need your
authorization. Please sign the following statement:
This kner audwrkes Leonard S Rindrur, PRW as our firm's agent in all nu*=
related to weth n k for the reef pr ject This includes interfacing with the United
States Array Corps of Engineers and tike North Carolina Department of NabuW
Resoar+ces.
Am 13
?,? Date
Please contact me if you have any goaation6,,%,regpire additional explanation. Thank you
for your consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
Cc: Rich Reichle

Prdeadead Wetland
LAW Planning
October 18, 2003
Mr. Philip M. ea
Cremat Rego , LLC
400 Soo& Tjy m Street, Suite 1300
P.U. Hoot 1003
Charlotte, NC 2820.1003
R.• ?" AU tr dSAd2n L-aw for Maeda larkwav. Meehlwbnre Ca ntu. NC
Dear Phil:
WETLANDS/ 401 GROUP
NOV 0 3 2003
WATER QUALITY SECTION
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources for wetlands permitting I will need your
authorization. Please sign the following statement:
This kow audwrlus IAwmand S Rindner, M as our JIm's agent in all miters
related to wethunk for the refamced project 71a includes inter,Jkcintg with the Unked
States Array Corps of Engineers and the North C.suvlwa DVNdnent of Natural
Reso
2911 d ? 10 /19 Am
W Ad[* urce 11ya Date
Please contact me if you have any gtiongrqt?recpire.additional explanation. Thank you
for your consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Welland Scientist
714 Spalmeltan Ltee
Ma#h w?s, NC 28105
Td c (704) 8460461
Pax [phone]
Cc: Rich Reichle
IU/ZI/[uud It;UZ rf1A IV40IOUVLa
r EON ? RD C RI NMI DL M f?'
WAMrMnWMtA1 Ph"Hdan Conadtant 3714 Spo msbxve Lme
10/27/2003 17:02 FAX [phone] CRESCENT RESOURCES 10001
Profesdmd Wetland
Led nNud"
October 18, 2003
714 Spokeshave Line
Matthews, NC 28105
Tole.- [phone]
Box [phone]
WETiANDS 1401 GROUP
Mr. Ph71ip M. Mayes
Crescent Resouil a, LLC NOV 0 3 2003
400 South Tryon Street, Suite 1300
P.O. Box 1003
Charlotte, NC 2820.-1003 WATER QUALITY SECTION
Q... " ?..g...rt.8§2n lAtler for Palhades Parkway, Mechknbura County. NC
Dear Phil:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources for wetlands permitting I will need your
authorization. Please sign the following statement:
This kNer ortdw*.es Leonard S Rindner, P" as our fin n's agent in aA matters
related to weth nda for the referemed,project This inclxdes interfacing with the United
Suites Army Corps of Engineers and tike North Carolina DVartment of Naftwd
Resources.
PWIP ayes Data
Please contact me if you have any gnWonw-,regpire additional explanation. Thank you
for your consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
Cc: Rich Reichle
Triage Check List
Date: 2,Z Project Name:
DwQ#: N' - I?
County:
To: ? ARO Mike Parker ?' WaRO Tom Steffens
? O Ken Averitte ? WiRO Noelle Lutheran
O Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell q
Telephone : [phone]?
From.
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? I the application consistent with pre-application meetings?
*j-
ative impact concern yY1 N O'I? aLo \t <"
1?`0 ?,?r?,??.- 1 J tam cs.??
Comments: vJ ?? -&I '
4o) NJ' -fw-
NW,
\ a

01 _i&i
_..

V
AN MA?_& YV) N4"??
A
n G
1 ??riln IY?C-

Date:
DWQ#: Q2 1 gS
County:
Triage Check List
Project Name. Gt (c SG,GCP,d• a""1
To: ? ARO Mike Parker ? WaRO Deborah Sawyer
? FRO Ken Averitte ? WiRO Joanne Steenhuis
MRO Mike Parker ? WSRO Jennifer Frye
? RRO Steve Mitchell
From: Telephone : (919)
733- y _,OY
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Stream length impacted G atocj v&1Du` d6l1 - ItIOL 5 44ftk
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues --, C(0551 'v S ? f S' c.
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern /J /q// Ilt Is
wz a 1?01?
i) veep ci?;?
Comments: a
z
/??`
lik 'Pa
V
-'VPtl <041
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Palisades Parkway
Project Number 02 1886
Recvd From APP
Received Date 12/10/02 Recvd By Region 12/16/2002
County Mecklenburg
County2
Region Mooresville
Project Type road crossing
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 Stream O Y -@N F 11-(67) wSIv 30,832. 0.32 545.00
I CBR Buffers IOO Y O N 30,832. 1
I -F--O Y O N ??-F-F__F_I -
Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream r- 545.00
Wetland WRP PSA 0.75 F_
F_ r F_
Stream Impacts (ft.)
E E -
545.00 I-
r- F_
Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? Q Y O N Recommendation: Q Issue 0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
The applicant is imposing to construct a Parkway that will provide connectivity between two (2) State
maintained roads for a proposed residential and commercial development. For a portion of its
proposed length, the Parkway will be built in the foot print of an existingaravel road that currently
accesses the property. The Parkway's proposed route will ultimately result in approx. 5 different
perennial stream channel crossings. All of the proposed crossings have been designed to minimize
channel impacts, but still allow maximum site development. Parkway Crossing No. 2 presents the
potential for the most wetland/stream channel impacts. At Crossing No. 2, the construction of the
existing _gravel road created a berm that caused the stream to back up and flood several acres of
hottomland hardwoods. Such being the case, any impacts to this road by the construction of the
proposed Parkway (or to the current drainage atp tern) has the potential to neaatively alter the
upstream hydrology, potentially reducing the current wetland acreage. (see next page)
cc: Regional Office
Central Office Page Number 1
OF W A r?R Michael F. Easley
`O? QG Governor
?jj ? William G. Ross, Jr., Secretary
> y Department of Environment and Natural Resources
4 Alan W. Klimek, P.E. Director
Division of Water Quality
Certified Mail Return Receipt Requested
Mr. Phillip M. Hayes
Crescent Resources
PO Box 1003
Charlotte, NC 28201-1003
Dear Mr. Hayes:
January 29, 2003
Re: Palisades Parkway
Mecklenburg County
DWQ # 021886
The Division of Water Quality has reviewed your submittal for a 401 Certification for the subject project. Your application
was not complete since the extent of the impacts to streams is not clear, no information was provided to show aquatic life
passage, and cumulative impacts were not addressed. This information is needed by DWQ in order for us to decide
whether this project is approvable.
1) Cumulative Impacts
It is the opinion of this Office that the construction of the proposed road will result in further land development that will
result in impacts to waters. As such, it will be necessary to assess the potential cumulative impacts resulting from the
construction of this road.
2) Plan Details
Please provide plan details that indicate the total impacts resulting from the road crossings including any velocity
dissipators, etc. Also, please provide road cross section details that indicate how aquatic life passage will be
achieved.
3) Minimization and Wetland Maintenance at Road Crossing No. 2
Please provide plan details that specifically indicate how the existing wetland hydrology will be maintained at road
crossing no. 2. Also, please discuss the minimization options that Mike Parker of the Division's Mooresville Regional
Office discussed with Leonard Rindner during their recent field review.
I can be reached at 919-733-1786 if you have any questions. Until this information is received, I will place this project on
hold due to incomplete information (15A NCAC 2H .0507(a)).
Sincerely,
?f ? -?
John R. Dorney
ality Certification Program
Water Quality
cc: Mike Parker, Mooresville DWQ Regional Office
Len Rindner, 3714 Spokeshave Lane, Matthews, NC 28105
USACE Asheville Regional Office
Todd St. John
File
Central Files
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
[Fwd: Wetlands pennitl
Subject: [Fwd: Wetlands permit]
Date: Thu, 27 Feb 2003 07:59:48 -0500
From: Kim Colson <[e-mail]>
To: John Domey <[e-mail]>
John - Can you help Ms. McCaw? Thanks - KC
Subject: Wetlands permit
Date: Wed, 26 Feb 2003 17:01:41 EST
From: [e-mail]
To: [e-mail]
I was given your name by Linda Forehand who thought you might know or direct
me to one who would.
Crescent Resources, LLC Attn. Phillip Hayes was given a Nationwide 14 permit
for Palisades Parkway. Was this followed up by a state 401 certification? I
believe such information is supposed to be available under the freedom of
information act to the general public. Appreciate any help. Linda McCaw
Division of Water Quality
DENR
I of 1 2/27/03 8:03 AM
i nds T1 ' skin
40

Facility Names Palisades Parkway . v'-

Project Number' 02 1886 ?q,
r= s? ? F
4

Project Type urpose of road crossing County Mecklenburg;
Tribs & UT to Catawba River
Location Charlotte County2
,
Received From APP , COE ID # Region, Mooresville
Received Date December 10, 2002 COE Susp Date I Reg. Contact a Michael L Parker
Sent to Region Date 12/12/2002 DCM Susp Date ? `Pklck It 1=0 ? ?a
Rcvd Region Date TIP Number Payment Date?12/10/2002
Last Action Date January 29, 2003 More Info Requested 1/29/2003 Amount Paid ; $4750
H01d More Info Received i9 Payor Leonard S.
Last Action
Latitude (ddmmss) Mitigation ? Y Check # 1131
Longitude (ddmmss) - COC Received Date

l} Stream

s Area

) Area
(
Le?tgth Length
Permit Wetland Wetland Stream
Cert # Score Clas (acres)
Wetta
Rea
Subbasin (f0t) (feet)
Type Type Impact Index Prim. Supp. Class Appr. R 19q. Appr
Stre O Y ® ? ll- 671 WSIV _ = D 0832 strew -02: 5 5:00 i
CBR Buff' i@ Y ON 030832 error

t
I f
fOY ON ( t
r
(",
1NRP Mitigation
Project Wetland Wetland Area Length Completion Per n- Inter- 1
Subbasin
Miti ationType Number Type Class (acres) (feet) Date ni I mittent}'
Stream WRP Stream stream -J 545.00 An d 4
F WAIF Michael F. Easley, Governor
0 iQ William G. Ross Jr., Secretary
0? pG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
vcmhcr ?.20G12
MEMO
TO: Regional and Central Office staff
FROM: John Dome
RE: Cumulative and Seco Impact (CSI) and 401 Certifications
The existing 401 Water Quality Certification rules require DWQ staff to issue a Certification for an
activity which "... does not result in cumulative impacts, based upon past or reasonably anticipated future
impacts, that cause or will cause a violation of downstream water quality standards;" (emphasis added). The
following material outlines this rule and how DWQ staff are to implement it. As you are probably aware, the
issue of cumulative impacts is very complex so please do not hesitate to call me with any questions.
Background
401 rules since 1996; isolated wetland rules since 2001
SEPA - definition and CSI discussion included in each document .
US 117 case (Goldsboro) - case heard in June 2001; EMC decision February 2002
DWQ issued 401 Certification and third party appeal to OAH
Administrative Law Judge - need new 401 since did not have written CSI analysis
EMC overruled ALJ but then told DWQ to more carefully consider CSI in 401 program
DWQ response - develop policy
DENR policy, not DOT's. DOT can comment but DENR (DWQ) policy.
Policy - October 3, 2002, Version 1.6
Public and private projects - not just DOT
First question:
Is growth likely?
Second question:
Are existing uses of water likely to be impacted by growth?
Third question:
Do existing non-point source control measure protect downstream water quality?
a) WS, HWQ and ORW -sufficient (case by case exceptions)
b) C, B, SC and SB - sufficient (case by case exceptions)
c) 303(d) waters, SA and Tr - need additional rules.
Underlying philosophy - If CSI likely, then need local land use management or no 401.
Examples:
Knightdale bypass
Monroe bypass
Western Greensboro Loop and Fed Ex
Stallings mall
Future
Working draft now
Out to public notice - October 9, 2002. Comments by November 22, 2002
New rules not needed.
Results - in some urban areas, local governments will need to implement WQ management or
401 cannot be issued for project. For instance, local buffer programs will become more
common.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
`?s
*?,?1
1 800 623-7748

P
Palisades Parkway
A Thoroughfare From
NC Highway 49 (York Road)
And SR #1102 (Youngblood Road)
0 f Charlotte, North Carolina
D }
I I ± Joint Application Form and Supporting Documentation for
PFC o ?one t,
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATIT 2 1
ruM nRnI is TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICA77ON CONCURRENCE
Prepared For:
Mr. Phillip M. Hayes
Crescent Resources, LLC
400 South Tryon Street, Suite 1300
P.O. Box 1003
Charlotte, NC 28201-1003
Prepared By:
LandDesign, Inc.
223 North Graham Street
Charlotte, NC 28202
Yarbrough-Williams-Houle & Associates, Inc.
730 Windsor Oak Court
Charlotte, NC 28273

Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE and NCDWQ
Date : 11/2002
1
I
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or
L Processing
1. Ch ck all of the approval(s) requested for this project:
[Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
2 401 Water Quality Certification
2. I?LationwideI Regi nal or General Permit Num?b?er(Ys) Request
f-11-04"It ?45
3. If N notificatio is solely a Lourtesy copy because writterrap oval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant
Name:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has si natory authority for th owner/applicant.)
Name: 1-1 e
Company Affiliation: EA -.1 Ivy r ^.V,%,&JW.A
Mailing Address: 2.11 _
Telephone Number: 6 1r )1 0 Fax Number: d
E-mail Address:

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of P:2 ect: r6L
'6 S 1101
2. T.I.P. Project Number or
3. Property Identification Number (Tax PIN):
4M
4. Location
County: Nearest Town: ` v l
Subdivision name (include phase/lo umber):
Directions to site (include road numbers, landmar s, etc.): Ok .0
.K.081-OR R1
. OZ, W
.o07110-I ?.v?! w
5. Site coordinates, if available (UTM or Lat/Long AIL Y • 1 N An O 1?/w
(Note - If project is linear, such as a road or utilit 1 e, a 6a at sep a ely lists t "Fe
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
7. Nearest body of wate?str river/soun ocean/lake): 1 r? bv'fW1?S ?v? tMA `?
-tv I ?jv} A e4 0 (w A-
-?i?.??.
8. River Basin: Cod
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the sit and general land use i the vicinity of the project
at the time of this app 'cation: •t.?? am cu
Dorm A _f I I
10. Describe the overall project in detail, including the type of equipment to be used:
11. Explain the purpose of the proposed
,.,,. _i rr>>c r ?.?.. _ Lc
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and vrovide.iustification for the exclusion of this work frpnyl'he current application. It
VL Proposeid Impacts to W tern of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Dorm I of 11
?c?
2. Individually list wetland impacts below:
Wetland Impact
Site Number
cate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
L f * b --- 45 (.
P44 J, &
I

W

* List each impact separately and identify temporary impacts. impacts mciude, but are not imutea to: mecnamzea ciearmg, giuuuiy„ iii,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fertagov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the prop rty?-d-
Total area of wetland impact proposed: - 3 2- Individually list all intermittent and perennial stream impacts below:
3.
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im ct Perennial or
Intermittent?
lease specify)

Z? p I -G?cV." t.?..1
- wp 14 ?t ?- P.c?cr.,?t?-l
MW O I1'F OD t 3 At l- & I W-^ nt •• l
NAM' 0 ' 1-` Ij
" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us¢s,gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mamuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
D-Q f11
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. impacts include, but are not tumtea to: un, excavation, urauguig,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during c nstruction to reduce i pacts.
Tk i. &.,hr...e'do.t .1... <rdcc r?mbtir 'dL &V 4rC'rt.?
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
D- 0 of 11
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o enr state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
eparate sheet if more space is needed. L
t? C.1?/4C1 ?t t Mole l IKIZL ?6y IIZ?r'l • IC' )r"f
tG
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o enr.state.nc.us/wrp/index.htm, If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
?`??
Amount of stream mitigation requested (linear feet): 'I
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): . ?ov
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
D.,..o 10 _f 11
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
' Gone 1 extends out 30 feet perpendicular I= near bank of channel; Lone L exrenas an
additional 20 feet from the edge of Zone 1.
D- 1 1 of V)
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface w,at'e/rs/ and wetlands
d stream from the r erty.
r? l vl a"t -b &.dc I-t Afv? XII. Sewage Dis osal (equired by DWQ) V rZ I lei ? ?•f - ?Vo
V1 I elww?
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater enerated from the proposed project, or available capacity of the subject facility.
GMvl
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
121p 0/ /02- - -
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
D- 17 of V)
rrr
Philip M. Hayes
Director, Land Sales
Crescent Resources, LLC
400 South Tryon Street
Suite 1300
P.O. Box 1003
Charlotte, N.C. 28201-1003
November 18, 2002
Mr. Hayes,
Thank you for the opportunity to discuss the proposed Palisades community,
specifically the placement and construction of Palisades Parkway.
The Palisades community is an approximately 1500 acre mixed development planned
for the area between Highway 49 and McKee Road in Southwest Mecklenburg County.
Currently there are several lake and riverfront properties in the proposed area that are
accessed primarily by privately maintained dirt and gravel roads from Youngblood Road
in the northern section of the area and McKee Road in the southern section.
The current plans call for the addition of a paved roadway, Palisades Parkway, to
extend from Highway 49 in the northern section to McKee Road in the southern section.
This roadway will add additional access and egress to the area from Highway 49 as well
as allowing improved access and egress via Youngblood, McKee, and Zoar Road for both
new residents and existing residents along the waterfront. The addition of this roadway
along with the planned upgrades to the private roads will only serve to enhance the access
and egress to the area in times of emergency.
Properly maintained roadways are critical to the enhancement of emergency access
and evacuation. In light of this, the Charlotte Mecklenburg Emergency Management
Office supports the recommendation that this roadway be considered for inclusion in the
Metropolitan Thoroughfare Plan to ensure its adequate maintenance and availability.
Sincerely,
Ste en C. Norman
Emergency Planner
Charlotte-Mecklenburg Emergency Management
CHARLOTTE-MECKLENBURG EMERGENCY MANAGEMENT OFFICE www.charmeck.nc.us
228 East Ninth Street
Charlotte, NC 28202-2530
PH: 704/336-2412
FAX: [phone]
fNSURO
C°
OFa
MECKLENBURG COUNTY
Real Estate Services Department
November 15, 2002
Mr. Donald W. Spence, P.E., PLS
Kublins Transportation Group, Inc.
800 West Hill Street-Suite 202
Charlotte, North Carolina 28208
SUBJECT: Proposed Palisades Parkway
Dear Don:
This is to confirm our discussions on November 14, 2002 regarding the designation of
Palisades Parkway as a minor throughfare. We will support a recommendations by the Technical
Coordinating Committee (TCC) to the Mecklenburg Union Metropolitan Planning Organization
(MUMPO) to designate the proposed Palisades Parkway from York Road (NC 49) to
Youngblood Road and Youngblood Road from Palisades Parkway easterly to Zoar Road as
minor throughfares.
Sincerely,
t
Robert F. Binford
Transportation and Property Manager
RFB/mw
CHARLOTTE
USA
PEOPLE • PRIDE • PROGRESS • PARTNERSHIP
91 East Fourth Street • Charlotte. North Carolina • [phone] • Fax [phone]
vvww.co.mecklenburg.nc.us/coeng
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
November 30, 2002
Mr. Ron Ferrell
NCDENR-Wetland Restoration Prgram
1619 Mail Service Center
Raleigh, NC 27699-1619
Re: Palisades Parkway, Mecklenburg County, North Carolina - Stream and
Wetland Mitigation
Dear Mr. Ferrell:
On behalf of my client, Phillip Hayes of Crescent Resources, we are requesting acceptance
to utilize the NCWRP to meet mitigation requirements when the permits are issued by the
USACE and the NCDWQ for wetland and stream impacts. Proposed stream impacts that
will require mitigation requirements are for 545 linear feet. The site is in the Catawba
River Basin.
Wetland mitigation requirements are for 0.32 acres for the Palisades Parkway. The
USACE requested a 2:1 ratio which would require 0.64 rounded to .75 acres of riparian
wetland mitigation.
I am submitting a copy of permit documentation for your review. Please contact me if you
have any questions.
Thank you for your consideration.
teonard S. Rindner, PWS
Environmental Planning Consultant
cc: Phillip Hayes - Crescent Resources
LEONARD S. RINDNER. PW S
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
November 30, 2002
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr. John R. Dotney
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Palisades Parkway - A Thoroughfare From NC Highway 49 (York Road) and SR #1102
(Youngblood Road), Charlotte, North Carolina
Dear Sirs:
On behalf of my client, Crescent Resources, I am requesting the eligibility to utilize Nationwide Permit
#14 for five separate crossings of creeks and wetlands for this linear project, a proposed thoroughfare
identified as Palisades Parkway. As part of the rezoning requirement, the developer is required to
construct the Palisades Parkway through their project. This is a typical requirement for all projects
proposed along proposed thoroughfares. This project has been identified by the Charlotte Mecklenburg
Emergency Management Office and the Mecklenburg County Real Estate Services Department,
Transportation and Property Manager. Letters from these agencies are attached. As discussed, each road
crossing will be designed to minimize stream and wetland impacts to the extent feasible. The proposed
alignment minimizes impacts to bottomland hardwood wetlands and utilizes existing road crossings to the
extent feasible and headwalls to reduce fill slopes. The overall master plan for the Palisades development
has been approved based on extensive analysis and public involvement over several years. Substantial
investments have been made for several years including site planning, marketing, land purchase,
rezoning, survey and environmental studies, etc. Over 99% of the streams on the site will remain
undisturbed by this project. The wetlands including all of the extensive bottomland hardwoods will remain
protected within common open space and regulated stream buffers. The developer is proposing to utilize
the NC Wetland Restoration for the required stream mitigation. Stormwater treatment for the Palisades
Project will be designed and implemented according to NCDENR and Mecklenburg County requirements.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 3, November 30, 2002
Site Specific Information
The site is within the Lower Lake Wylie Watershed of the Catawba River Basin - Water Classification C).
The majority of the site is moderately sloping to steep agricultural land and timbered woodland in
secondary succession.
Summary of Waters of the U.S.
Wetland delineation was conducted to determine the actual extents and surveyed for planning and study
purposes.
Methodolory
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 must be identified as described in the manual. The wetland boundary and surface
waters were identified in the field and were reviewed and verified by the USACE (Steve Chapin). The
approved map has been used for planning and potential permitting purposes.
General Wetland Classification and Description
The streams on the site are perennial to intermittent. The majority of the streams have important aquatic
value. Characteristics include persistent pools, rifle and pool complexes (a "special aquatic site") in the
perennial streams, fish in the lower portions, amphibians and macro-invertebrates; evidence of wildlife
utilizing the stream; and rocky, gravelly, and sandy channel substrate. The riparian areas can be
classified as Palustrine Forested Broad Leaved and Scrub Shrub (PFOIA, PF01C, PSS1A). According to
the North Carolina Resource Conservation Service, Technical Guide-Section II-A-2, June 1991, Monacan
soils are listed as Map Units with inclusions of Hydric Soils in Mecklenburg County. The forested and
scrub/shrub headwater wetland areas are dominated by Facultative, Facultative Wet and Obligate species.
Trees include willow oak, green ash, red maple, black willow, alder, silky dogwood, and sweetgum.
Understory and herbaceous strata includes smilax, microstegium, sedges, soft rush, and others.
Herbaceous and scrub/shrub vegetation is more dominant in areas subject to constant saturation or
flooding, and areas in earlier succession.
Vegetative Communities
A majority of the site is in various stages of old field succession from formerly farmed areas and woodland
in succession from timbering activities.
Bottomland Hardwood/Headwater Forest
The Bottomland Hardwood and Headwater Forests on this site have developed in the moderately sloping
drainage ways. Species, which occur in these areas, include tulip-poplar (dominant species), sweetgum,
red maple, hackberry, red oak, ironwood, and other typical species that tolerate these wet and shallow root
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 4, November 30, 2002
conditions. Common understory trees and shrubs include dogwood, and black cherry. Invasive species
such as privet and Russian olive are prevalent. Woody vines include poison ivy, and greenbriar. The
herbaceous layer is variable based on exposure to light. Species include sedge and rush species,
jewelweed, and others
Open Field
This includes all cleared non-wetland areas dominated by herbaceous plants. These have been periodically
mowed and are dominated by pasture grasses and perennial herbs including broomsedge, goldenrod, and
bush clover. Other areas have been undisturbed for longer and are in transition to dominant species such
as blackberry, greenbriar, redcedar, pines, and saplings.
Mixed Forest
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is
characterized by a mixture of canopy species of pines and hardwoods. Small areas within these forest
areas may have a predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and
loblolly pine, with eastern redcedar. Hardwoods include pine, sweetgum, red maple, red oak, white oak,
tulip poplar, hickory, and other common species. The subcanopy contains saplings and seedlings of
canopy species. Other subcanopy species include black cherry, holly, dogwood, elm, and privet. Woody
vines common in the understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous
and woody species. Hydrophytic Vegetation has been identified according to the National List of Plant
Species That Occur in Wetlands: Southeast (Region 2). US Department of the Interior, Fish and Wildlife
Service.
Jurisdictional Waters of the U.S. and Description
Crossing #1 - Road Crossing
1) Perennial to Int. Stream (+ 100 If)
Total Jurisdictional Waters*
Crossing #2 - Road Crossing
1) Perennial Stream (+ 135 If)
2) Wetlands (see plan showing existing road alignment)
Total Jurisdictional Waters*
Crossing #3 - Road Crossing
1) Perennial Stream (+ 125 1f)
Total Jurisdictional Waters*
+ 0.14 acres
± 0.14 acres
+ 0.02 acres
+ 0.32 acres
+ 0.34 acres
+ 0.02 acres
± 0.02 acres
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 5, November 30, 2002
Crossing #4 - Road Crossing
1) Perennial to Int. Streams (± 10011) ± 0.02 acres
Total Jurisdictional Waters* ± 0.02 acres
Crossing #S - Road Crossing
1) Perennial to Int. Streams (± 85 11) ± 0.02 acres
Total Jurisdictional Waters* ± 0.02 acres
Results of Preliminary Discussions with USA CE and the NCDWQ
The developers are committed to creating an environmentallyrresponsible project. The plan and
commitments made in this section reflect a positive response to the preliminary discussions,
determinations, and concerns of the regulatory agencies. Except for temporary construction and
development impacts, we believe that the proposed project with the proposed mitigation will not cause
significant cumulative impacts to the ecological functions or values of Jurisdictional Waters of the United
States.
Overall Proposed Linear Project Impacts for Palisades Parkway Thoroughfare (S Separate Crossings)
1) Wetland (PFOIA, PFO1C) NWP#14
2) Perennial and Int. Streams NWP #14 (545 linear feet)
± 0.32 acres
± 0.08 acres
Total Jurisdictional Waters*
Minimization of Construction Impacts
± 0.40 acres
The following 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) Methods to prevent short-term impacts will be inspected regularly and maintained during
construction of the project.
d) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.
e) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 6, November 30, 2002
Mitigation Plan
The mitigation plan is proposed to minimize the loss of stream habitat by the proposed road crossings.
Road crossings requiring multiple culverts will be designed to maintain unimpeded normal flow through
one of the culverts.
Stream Mitigation
To meet restoration mitigation requirements for stream impacts by grading, the developer is proposing to
contribute $68,125 to the North Carolina Wetland Restoration Program (545 If X $125/1f).
Wetland Mitigation - NWP #14
To meet restoration mitigation requirements for wetland impacts by grading, the developer is proposing to
contribute $15,680 If to the North Carolina Wetland Restoration Program (2 X 0.32 X $24,500).
Total Mitigation Fee Proposed for Palisades Parkway Thoroughfare = $ 83,805
Stormwater Management
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements and Lower Lake Wylie Watershed requirements. The wet ponds and/or
extended storm water wetlands and/or other systems will be designed per the guidelines in NCDENR
Stormwater Best Management Practices, April 1999, and submitted for approval.
Protection from Future Development
Development of the protected areas will be deed restricted. Restrictive covenants or similar mechanisms
will be developed for approval by the USACE and/or NCDWQ.
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 Schweinitz's sunflower
and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields,
margins, and forested openings. Based on a site reconnaissance, habitat conducive to support the
Schweinitz's sunflower is not present in the project area. 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 is 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 Mr.
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.
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SEE ITEMS 21 REGARDING LOWER LAKE WYLIE ??-
WATERSHED PROTECTION REQUIREMENTS
Palisades
Master Planned Community
Development Notes
This Petition proposes the development of a master planned community containing
a mixture of residential, office, retail, and open space uses. This concept has been
developed to further the objectives of the adopted Westside Strategic Plan. It
incorporates the development of needed transportation infrastructure to serve the
proposed development as well as other existing and future development in the area.
It has been designed taking into account the difficult topography common to this
part of the county and has incorporated open space elements to protect
environmentally sensitive areas. It contains extensive provisions in direct response
to concerns about water quality in Lake Wylle and additional restrictions on
development that will significantly reduce the impact of the proposed development
over what the present standards would permit. It will provide for a variety of
residential types and densities, with higher densities focused in the Town Center and
lower densities transitioning to the existing community fabric.
Development of the site will be controlled by the standards depicted on this site plan
and by the standards of the Mecklenburg County Zoning Ordinance. The
development depicted on this plan is intended to reflect the arrangement of proposed
uses on the site, but the exact configuration, placement, and size of individual site
elements may be altered or modified within the limits prescribed by the ordinance
during the design development and construction phases. This allowance applies to all
site elements, including building areas, open space areas, recreation and golf course
areas, and the configuration of streets. This proposal is intended to enable the
development of a master planned community composed of retail and service uses,
employment and office uses, multifamily housing, single family attached, and single
family detached housing interconnected with open space, pedestrian, bicycle,
equestrian, and/or vehicular linkages. Due to the size of the proposed development,
the timing of the availability of water and sewer service, the significant infrastructure
commitments, and the anticipated build out over a number of years, the Petition
includes the vesting of the approved plan for the property for five years. The
Petitioner acknowledges that upon expiration of the vesting period, the site may be
required to comply with additional development standards imposed by the City of
Charlotte under its extraterritorial jurisdiction.
2. The site may be developed for any use allowed in the MX-2 as allowed by the
ordinance in accordance with the standards of that district and the restrictions of this
site plan as noted below. In keeping with an intended equestrian focus for a portion
of the site, the only MX-3 use that will be allowed in the requested MX-3 district for
the site will be a boarding stable and related uses that will be associated with the
equestrian areas and trails within the site. The Petitioner will construct a mixed-use
development in general conformity with the schematic plan. The Petitioner will
provide pedestrian, bicycle, and/or equestrian connections from within the site to
other site elements and uses and to public sidewalks, balancing the need for vehicular
as well as pedestrian access. The Petitioner may place retail uses within office
buildings on the site as well as within the retail center in order to further the mixed-
use nature of the site.
3. Residential densities may vary in different portions of the site in keeping with the
various dwelling types. The density of the areas within the site will be controlled by
the standards of the MX-3 district. Residential uses may be located within any
portion of the site including retail and office areas as a mixed use on the site and
within mixed use structures. Retail uses within the Town Center portion of the site
may include uses such as supermarket, general merchandise, hardware, business
services, banks, civic, dry cleaners, personal services, restaurant, automobile service
station, or similar uses designed and intended to serve not only the residents in this
mixed-use community, but the residents in the surrounding areas as well. The uses
that may locate on an out parcel will be designed as part of the overall development in
terms of consistent landscaping, signage, and architectural style. More than one use
or type of use may locate on an out parcel so long as the uses are located within the
same structure. In view of the fact that a portion of the Town Center site is presently
zoned B-2, the Town Center may include up to 4 total retail outparcels, only one of
which may be used for a restaurant with drive in service and only one of which may
be used for an automobile service station.
In accordance with all other provisions of this Petition, the Town Center may include
up to 200,000 sq. ft. of retail floor area and up to 100,000 sq. ft. of office floor area.
However, the development of the Town Center will be limited by the following
provision. The initial development of the Town Center will be limited to a total of
100,000 sq. ft. of retail floor area, 30,000 sq. ft. of office floor area, and two single
tenant out parcels, only one of which may be used for a restaurant with drive in
service and only one of which may be used for an automobile service station.
Thereafter, no additional retail or office floor area or out parcels may be developed
unless and until a District Plan Amendment is considered and approved that would
allow the additional retail and office floor area and any additional out parcels. Such
Plan Amendment may be initiated at any time after the approval of this Petition. If
such a Plan Amendment is approved, then the additional floor area and out parcels
that may be approved for the site may be constructed in accordance with the
conditions and standards of this Petition without the need for any further rezoning of
the site. This limitation does not apply to the 10,000 sq. ft. of proposed office and/or
retail floor area to be located within the Village Center portion of the plan. The area
(in acres) will be limited by the provisions of the MX-2 district based on the number
of dwelling units approved for the site.
4. Buffer areas and project edges will be developed in accordance with Sect. 12.302 and
Sect. 9.805(7)(e) respectively. Required buffers and project edges on the site may be
eliminated or reduced if the adjoining parcels are rezoned such that buffers or project
edges are no longer required or if the zoning jurisdiction for the property changes so
that buffers would not be required by the Ordinance of that jurisdiction. The
Petitioner acknowledges the numerous variations of buffers that may be required
within and along the boundary of the site depending on the final uses developed on
various portions of the site.
2
5. Stormwater detention facilities, if provided, will be designed to meet the applicable
standards of Charlotte/Mecklenburg Stormwater Services. Stormwater detention
facilities, if provided, will not be located within zoning buffer or setback areas unless
the need for environmental management of stormwater or the topography of the site
dictates that such facilities may not be reasonably located elsewhere.
6. Any detached lighting on the site will be limited to 30 feet in height, in the
commercial portions of the site. No `wal pak' lighting will be used and pedestrian
lighting limited to 15' in height will be installed in pedestrian areas, except for
pedestrian trails in undisturbed or natural areas.
7. Signage will be permitted in accordance with applicable Zoning standards.
Parking will be provided which will meet or exceed the standards of the Zoning
ordinance.
9. Screening will conform to the applicable standards of Sect. 12.303 of the Zoning
ordinance.
10. The Petitioner may designate areas labeled as `village residential', and such areas
denote portions of the site that may be used for single family detached, single family
attached, patio, zero lot line, or other types and styles of housing with appropriate
buffers if required. The Petitioner reserves the right to relocate such areas within the
site, but will not relocate any such area at the outside edge of the overall project
unless indicated on the site plan at the time of approval. However, village residential
uses may not be located on properties within the site if other properties on at least two
sides of the site have already been developed and occupied unless the site was
previously indicated on the site plan as available for village residential uses. All
village residential development will be "for sale" development and will be limited to
a maximum density on any particular site of 8 units per acre. Village residential areas
used for attached housing or zero lot line housing will be separated from all existing
single-family residential uses by a 100' buffer.
In addition, the Petitioner may designate areas labeled as `village center', and such
areas denote portions of the site that may be used to accommodate small scale retail,
office, and service uses limited to the total floor area noted on the site data table. The
Petitioner reserves the right to relocate such areas within the site, but will not relocate
any such area at the outside edge of the overall project unless indicated on the site
plan at the time of approval. However, village center uses may not be located on
properties within the site if other properties on at least two sides of the site have
already been developed and occupied unless the site was previously indicated on the
site plan as available for village center uses.
The Petitioner, as part of the development of a site that borders the Catawba River or
its impoundments, may be required by the provisions section 7.200.9 of the
Subdivision Ordinance to provide `water access lots'. In complying with this
standard, the Petitioner will not install any community docks, launching ramps, or
any facilities for the maintenance, storage, launching or retrieval of watercraft. In
3
those areas of the site that will be used for single-family development, individual
homeowners will be permitted to apply for individual residential piers in the same
fashion that existing lakefront property owners may apply for such permits.
In the single family and village residential portions of the site:
1. Street Trees. Street trees will be required.
a. Trees will be large maturing shade trees.
b. Size of trees at planting will be 2" caliper, 8-10 feet tall.
c. Trees planted within 20 ft. of the edge of pavement will be considered street
trees and trees may be planted between the sidewalk or trail.
d. Spacing will be an average of 40-50 ft apart for large maturing shade trees,
and 30-40 feet apart for small maturing shade trees. Where single-family
development is directly across the street from multi-family development
the spacing will be an average of 40 ft.
e. Any existing 2" caliper or greater, large maturing shade tree preserved
within 20 ft. of the back of curb may be counted towards the street tree
requirement if adequately protected during construction. Staff has the
ability to grant a modification for other existing trees on a case-by-case
basis.
2. Tree Save Requirement. An area or areas of the existing tree canopy equaling
ten percent (10%) of the total property area will be saved during development.
Existing and future (reserved) road rights-of-way and utility easements, existing
ponds and lakes, will be subtracted from the total site area before calculating the
percent of site in tree save area.
3. City of Charlotte Tree Ordinance. The portion of the site with non-residential
and multifamily uses shall be subject to the provisions of the Charlotte Tree
Ordinance, as they existed on the date of the approval of this petition.
11. Within the Town Center portion of the site, the Petitioner reserves the right to
increase the authorized number of residential units by converting authorized retail
and/or office area to residential units at the rate of one residential unit for each 100
square feet of retail and/or office area so converted. Up to 100 additional residential
units may be added under this provision. In addition, all multifamily development
will be separated from all existing single-family residential uses by a 100' buffer.
With regard to the proposed school/park joint use site, the Petitioner proposes to dedicate
the site for use as a public school/public park site based on the following schedule of
events and commitments.
If (1) the Charlotte-Mecklenburg School board (CMS) votes to fund, either with
bonds or other means, the construction and improvement of an elementary
school on the site with such a funding decision to be made by April 1, 2007 for a
bond election (if required) to be conducted in November 2007, or any earlier
time, and (2) the Mecklenburg County Board of County Commissioners
4
(Mecklenburg County) votes to fund, either with bonds or other means, the
construction and improvement of a public park on the site in conjunction with
the construction of a public school with such a funding decision to be made by
April 1, 2007 for a bond election (if required) to be conducted in November
2007, or any earlier time, then the Petitioner will dedicate the entire school/park
site to CMS and/or Mecklenburg County as instructed by CMS and
Mecklenburg County. Such a dedication will be subject to the restriction that the
site be used for school and/or park purposes and that construction of the school
and park on the site must commence by July 1, 2009.
By April 1, 2007, if both CMS and Mecklenburg County have not indicated a
commitment to fund the development of a public school/public park on the site,
with construction to be commenced no later than July 1, 2009, or if, at any time
prior to April 1, 2007, either CMS or Mecklenburg County makes a specific
decision not to use the site for a joint public school/public park facility, then the
Petitioner will be released from any further commitment to dedicate all or any of
the proposed site and thereafter will be free to use the site for any other purpose
permitted by the approved zoning plan for the site.
If the November 2007 bonds (if required) are not approved or if, after the
approval of the bonds, either CMS or Mecklenburg County makes a decision
that would result in either CMS or Mecklenburg County not following through
on the funding of either the public school or the public park, construction to
commence no later than July 1, 2009, then the Petitioner will be released from
any further commitment to dedicate all or any of the proposed site and thereafter
will be free to use the site for any other purpose permitted by the approved
zoning plan.
Finally, in conjunction with the provisions above, the Petitioner agrees that if the
dedication commitment is terminated as outlined under any of the circumstances
above, then, prior to the development or sale of the school/park site for any other
use, the Petitioner will grant a first right of refusal to Mecklenburg County for the
purchase of the site. Thereafter, the Petitioner will be free to use the reserved area
for another institutional use or any retail, office, or residential use otherwise
permitted in the MX-2 district so long as the total floor area or unit number for any
such uses do not exceed the total floor area or unit count established for the Town
Center portion of the site and that the area devoted to non-residential uses in the
Town Center does not exceed the acreage limit imposed by the standards of the MX-
2 district and the conditions of this plan.
12. The Petitioner reserves the right to transfer residential units from the southern portion
of the site (below Studman Branch) to the Town Center portion of the site provided
that the total number of units does not exceed the cumulative total for the MX-3
district and further provided that the densities of development resulting from any such
transfer do not exceed that which is allowed in the MX-3 district.
13. No wall packs will be installed on buildings within the site on any walls that are
adjacent to residentially zoned land or public street rights-of-way. All dumpsters on
5
the site will be screened with a solid enclosure with gates. The golf practice range to
be located on the site will not be lighted for night practice and all facilities for the
maintenance of equipment for the golf course operations will be located at least 100'
away from the property line of any existing residential uses.
14. Access to the site will be provided by numerous connections to existing streets and to
the newly constructed streets within the site as generally depicted on the site plan. All
driveway and street connections are subject to approval by N.C.DOT, Mecklenburg
County, or CDOT depending on the jurisdiction. The number of access points to NC
49 will be limited to five and the configuration of those access points will be
consistent with the approved plans for the improvements presently under construction
by NCDOT. The Petitioner reserves the right to petition for the abandonment of
existing streets and street rights-of-way within the site. However, the Petitioner will
assure that access that is presently being provided to other properties in the area by
virtue of any of the streets that may be proposed for abandonment will be maintained
or improved by streets that the Petitioner will construct as part of this overall project.
All new streets will be built to standards approved by the appropriate governmental
jurisdiction and existing streets within the site and bordering the site will be improved
as required by Mecklenburg County ordinances, subject to the provisions of the
innovative development provisions of the Zoning Ordinance. The Petitioner will not
connect to or front development onto Rhinehill Rd. unless required by the Charlotte
Mecklenburg subdivision administrator to be in compliance with the standards of the
Subdivision Ordinance.
In accordance with the recommendations of the Draft Evergreen (Palisades) Traffic
Impact Analysis (TIA) prepared by Kubilins Transportation Group, Inc. dated
September 1999, the Petitioner will make the following specific transportation
improvements.
As outlined in the TIA, the Petitioner shall participate in the roadway
improvements indicated under Scenario 3 for year 2004.
Scenario 3 is in accordance with the current plans by NCDOT for the widening of
NC 49 that will include median openings at Shaherila Road and RiverPointe
Drive.
Subject to applicable engineering approvals, Petitioner agrees to the following to
provide adequate access to the development. Signalization (where noted) shall be
approved by NCDOT and participated in by the Petitioner:
o NC 49 and Shaherila Road
¦ Signalization of the intersection
¦ Eastbound NC 49 right turn lane with 150 feet of storage and
applicable bay taper
o NC 49 and RiverPointe Drive -Palisades Parkway
¦ Signalization of the intersection
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¦ Eastbound NC 49 right turn lane with 180 feet of storage and
applicable bay taper
¦ Westbound NC 49 dual left turn lanes with a total of 800 feet of
storage and applicable bay taper and 45:1 through lane taper
Construction of Palisades Parkway in accordance with NCDOT's
Traditional Neighborhood Development Street Design Guidelines
following the Parkway standard in the area of its intersection with
NC 49
In addition to the specific improvements noted above, the Petitioner commits to
participate in other improvements as follows:
The Petitioner will contribute $37,500.00 to NCDOT for improvements to
Youngblood Rd. at the time that those improvements are scheduled for
construction.
The Petitioner will provide funding for 50% of the cost of a traffic signal to be
installed when warranted by the appropriate transportation authority at the
intersection of NC 49 and Shaherlia Rd. In addition, the Petitioner will construct
a second left turn lane at that intersection at the time that the signal is installed. If
no signal is to be installed, then the Petitioner will be relieved of the funding
commitment, but will still be required to construct a southbound left turn lane at a
location to be determined in the future by the appropriate transportation authority
between the Buster Boyd Bridge and NC 160.
The Petitioner will contribute to NCDOT a total of $35,000.00 toward the cost of
traffic signals, when warranted, at the intersections of Youngblood Rd. and Zoar
Rd. and Youngblood Rd. and Hamilton Rd. at the time that those traffic signals
are scheduled for installation.
The Petitioner will reserve for dedication to NCDOT, additional right-of-way
along the south side of NC 49 so as to provide for a total right-of-way width of
75' from the centerline established by the current widening plan for NC 49, such
dedication to occur at such time as NCDOT funds a project to widen NC 49 along
the Petitioner's site to a 6 lane (exclusive of turn lanes) highway.
The Petitioner will construct a collector street to serve the site from NC 49 to
Youngblood Rd. The street network for the site beyond that point will provide
equal or improved access to all existing properties that adjoin the Petitioner's site
that currently have access across the Petitioner's site and will connect to other
existing streets in the area consistent with current land development policies and
ordinances.
It is recognized that the exact development timetable for the site and the various uses on
the site, as well as transportation improvements on and off of the site, are dependent on .
numerous factors, some of which are beyond the control of the Petitioner. Therefore,
transportation improvements will be tied to the development of the site based on trip
generation as set forth below. Trip generation will be determined based on the ITE Trip
Generation Manual, Edition 6 for all types of trips except residential and the Charlotte-
Mecklenburg Residential Trip Generation Table for residential uses.
7
Development may occur on the site that would generate up to 15,000 daily trips
based on the completion of the infrastructure improvements listed above,
regardless of the actual date that the development might occur.
Additional development may occur on the site after the completion of the
improvements noted above that would generate an additional 15,000 daily trips
with no additional improvements required to be installed by the Petitioner other
than those normally installed on the site as part of the normal development
process.
Prior to any development on the site that would increase daily trip generation over
30,000 daily trips, one of the following conditions must be met:
o The off site improvements listed on Attachment A which is included with
these notes, must be installed by the Petitioner or have been installed by
others, or
o The Petitioner, at the Petitioner's option, may provide an updated traffic
analysis that more accurately reflects conditions and proportional impacts
for the additional development on the Petitioner's site vis-a-vis the area-
wide conditions, other development, transportation plans, and
transportation network that exist at that time.
15. The Petitioner will construct a street network with appropriate collector and other
streets, all of which will be reviewed as part of the normal subdivision process, and
may apply for variations from the standard street standards through the innovative
development process, subject to the provisions of the special MCDEP notes below.
16. The Petitioner will, at a minimum, comply with the Lower Lake Wylie Watershed
regulations. In accordance with watershed regulations, the Petitioner reserves the
right to utilize either or both of the low density and/or the high-density watershed
development standards. In that light, the Petitioner reserves the right to utilize
individual site or larger area-wide storm water detention and management facilities,
ponds, BMP's, extended wetland detention, and related facilities, subject to the
provisions of the special MCDEP notes below.
17. A pedestrian, equestrian, and bicycle network to connect the various elements within
the site will be developed as the various site elements are constructed. Linkages will
be established to connect buildings and uses on the site to this network. In an effort
to reduce impervious area in the watershed, the Petitioner may propose the
substitution of unpaved pathways in place of paved sidewalks. Subject to approval by
NCDOT, the Petitioner will construct a 5' wide sidewalk along the frontage of the
site along the south side of NC 49 if sidewalk is not constructed as part of the
NCDOT NC 49 project.
Open space areas depicted on the site plan represent the approximate location and
extent of the areas set aside to meet the open space requirement of the district. The
exact location and extent of the open space areas will be determined through the
detailed design and subsequent administrative review of development plans. The
open space areas will be developed with a combination of active and passive
recreation areas, trails, pathways, and other amenities consistent with the purpose and
provisions of this Petition. Further, the area devoted to open space will not be
reduced through the Innovative Review process.
18. The Petitioner, in accordance with the provisions of Section 11.208, "Innovative
Development Standards", may propose modifications to the following standards:
• Street right-of-way widths,
Street type and construction standards,
Minimum lot size,
• Setbacks and yards,
• Off street parking, and
• Lot width.
Specifically, in an effort to minimize the amount of impervious area within the watershed
area, the Petitioner will proposes a network of linkages that may include any combination
of sidewalks, trails, bicycle, and equestrian facilities to link various portions of the site.
These alternate linkages will be designed to provide necessary connections within the
site, even if traditional street-side sidewalks are not installed in certain areas. The
Petitioner acknowledges that the Innovative process is a separate process that may be
pursued after the rezoning has been approved.
19. In view of the location of this site in the Lake Wylie watershed, it is the Petitioner's
intent that the site will be served with public water and sewer.
20. Any single family lot that has a rear yard relationship with any existing residential use
that is located outside of the Petitioner's site will have a minimum rear yard of at least
35'.
21. The following section contains specific additional standards relating to the
development of the site within the Lake Wylie watershed area that have been
reviewed and approved by MCDEP on 12/07/01.
L The Proposed development is within the Critical Area as defined in Mecklenburg
County's Lower Lake Wylie Watershed Protection Ordinance.
2. The proposed development shall utilize CMUD pump stations. If pump stations
are required in close proximity to the lake, they shall be equipped with the
following protection devises: on-site generator with weekly automatic exerciser,
audible and visible high water alarms, high water auto dialer, power serge
protection and lightening protection and 24-hour storage capacity.
3. The proposed development shall implement the following erosion control
measures in addition to those required by current ordinances: inlet protection,
double silt fences, two stage sediment basins with outlet wiers sized for a 50-year
storm event, single family lot erosion control measures, sediment basins and other
sediment reduction devices left in operation until construction activities with the
9
development are completed and stabilizes (basin storage may be reduced based on
the remaining disturbed acreage), development and implementation of an erosion
control maintenance plan to be strictly enforced by the project developer.
4. Reasonable efforts shall be made to limit the size of developed areas denuded
within each sub-basin area at any one time. The project developer shall phase the
grading and land disturbing activities within the residential portion of the
development in a manner not to exceed fifty (50) acres of denuded area within
any sub-basin. The golf course and parkway construction shall be excluded from
this requirement. Stabilization shall occur as soon as feasible.
5. The impervious area calculations for determining compliance with the 50%
maximum impervious area allowed under the high density option shall be
computed utilizing 8 sub-watersheds within the proposed development as
approved by MCDEP. BMP's shall be required for all watersheds that exceed
20% impervious cover. However, open space on the property labeled, as "Lake
Wylie Baptist Church" on the site plan, will not be used in determining
impervious area calculations for any other portion of the site. Impervious area
calculations for the Lake Wylie Baptist Church property will be determined solely
with respect to the built-upon area and open space located or to be located on the
church property.
6. The golf course shall develop a maintenance plan which minimizes the use of
herbicides and fertilizers in order to reduce negative impacts to surface waters.
The maintenance plan shall be provided to MCDEP prior to operation of the golf
course. The maintenance plan shall include the following:
Buffer Zones:
a) The proposed golf course within the development shall maintain a 100'
undisturbed buffer from the lake in all locations and shall comply with all
Watershed and S.W.I.M. Stream Buffer requirements.
b) No fertilizers or pesticides are to be applied in any of the buffer zones.
C) The golf course storm drainage shall be designed such that there are no
direct discharges of storm water into the lake or SWIM/ Watershed
streams.
Irrigation Management Plan:
d) An irrigation plan shall be developed to ensure that irrigation runoff from
managed turf grass to surface waters is prevented and to reduce subsurface
losses of nutrients and pesticides. This plan shall be based on a water
budget, weather conditions and soil moisture data obtained from on-site
instrumentation.
e) Water Quality Management Zones shall be established by the golf course
based on turf, plant type and soils, with specific strategies developed for
each zone.
Nutrient Management Plan:
f) A nutrient management plan must be developed to limit nutrient applications
to levels equal to or less than turf grass and vegetation nutrient uptake in
10
order to minimize nutrient transportation via surface runoff, subsurface
interflow, or deep percolation.
g) Slow release fertilizers are to be used predominately to reduce nitrogen loss
below the root zone. Occasional spot application of liquid fertilizers shall
be allowed.
h) Fertilizer applications are to be commensurate with turf grass growth
requirements based on species and cultivar, climate, soil conditions, and
chemical formulation.
i) Water Quality Management Zones shall be established by the golf course
based on soils, turf and plant cover goals, and level of use in order to plan
fertilizer and irrigation applications.
J) Nutrient applications are not to exceed turf and plant uptake requirements
during any growing season.
k) Chemical applications are not to occur on bare soils, except during
establishment of turf grass on the golf course.
1) Fertilizers are to be incorporated into the soil/turf wherever possible to reduce
exposure to runoff and enhance adsorption.
m) Nutrient uptake shall be maximized through the selection of realistic turf grass
goals, selection of application rates to meet goals, and the use of soil and
tissue tests to direct application rates.
n) The potential for off-site transport of nutrients must be assessed prior to
application and measures must be taken to prevent negative water quality
impacts.
Intep,rated Pest Management (IPM)
o) An IPM Plan shall be developed to minimize toxic chemical transport via
surface water runoff, subsurface interflow, or deep percolation.
p) The IPM Plan shall be integrated with irrigation and nutrient management
plans.
q) Action thresholds shall be developed and implemented below which no
applications are used in order to reduce pesticide use.
r) Pest specific products are to be used which are less toxic, less mobile, and less
persistent.
s) Water Quality Management Zones shall be established by the golf course
based on soils, turf and plant cover goals, and level of use in order to plan
pesticide applications.
t) Spot specific treatment shall be used wherever possible to avoid broadcast
treatments.
u) Pesticides should be incorporated into the soil/ turf wherever possible to
reduce exposure to runoff and enhance adsorption.
v) Application of toxic chemicals shall be prohibited in sensitive zones such as
wetlands.
w) The potential for off-site transport of pesticides shall be assessed prior to
application and measures must be taken to prevent negative water quality
impacts.
7. The project developer shall perform the ambient and storm water quality
monitoring necessary to establish base line measurements in the eight (8) affected
11
coves for the following parameters: temperature, pH, conductivity, secchi depth,
total phosphorus, total nitrogen, orthophosphorus, TKN, NH3, NO3, NO2, total
suspended solids, turbidity, chlorophyll a, fecal coliform, pesticides, herbicides,
and dissolved oxygen. MCDEP must evaluate and approve all monitoring site
locations in each sub-basin as well as monitoring protocols. MCDEP will also
evaluate hydrologic conditions and channel stability at the site. This base line
data will be used in the development of the water quality model discussed in 11
below. Ongoing monitoring will be performed by the developer as discussed in
number 11 below to assess and evaluate compliance with water quality targets
established by MCDEP.
8. The project developer shall provide to MCDEP measurements of sediment levels
in the coves identified for each sub-basin at a maximum of 90 days prior to
initiation of land disturbing activities and annually thereafter until no later than
one year after construction activities have been completed in each of the sub-
basins. MCDEP shall work with the developer in the selection of monitoring site
locations and the development of required monitoring protocols.
9. The project developer shall employ an enforcement officer to monitor compliance
with erosion control, buffer and watershed protection requirements as well as the
requirements specified as part of the rezoning approval. The enforcement officer
shall be empowered to take the actions necessary to ensure the prompt correction
of all problems detected.
10. The project developer shall require all on-site contractors and sub-contractors to
take approved MCDEP training program, i.e., EnviroSense, to include
information concerning specific water quality concerns and the measures
necessary to prevent water quality problems.
11. The developer shall complete a watershed management plan for the entire project
by sub-basin using a water quality model as the primary tool in the development
of the plan. The water quality model to be used for the development must be
approved by MCDEP and all water quality targets will be set by MCDEP after
baseline data has been collected and the model has been run. The goal of the
watershed management plan and MCDEP water quality targets will be to ensure
compliance with all applicable water quality standards and MCDEP action levels
as well as conformance with designated uses established in the North Carolina
Administrative Code. In addition, the plan and targets will ensure that all
downstream waters are suitable for aquatic life propagation and maintenance of
biological integrity and wildlife. The plan will contain designs for the structural
and nonstructural best management practices (BMPs) based on best available
technology for use within the development to ensure that all water quality goals
are achieved and that concentrations of pollutants do not exceed MCDEP water
quality targets. Where practical, the developer will also incorporate into the
watershed management plan the development principles for reducing impervious
cover contained in the Center for Watershed Protection publication (August 1998)
entitled "Better Site Design for Changing Development Practices in Your
Community." The watershed management plan and water quality targets must be
12
approved by MCDEP prior to the developer receiving any grading permits for the
project and all site development must be performed in strict accordance with this
plan. MCDEP shall have the authority to approve innovative erosion control and
BMP devices proposed by the developer in order to meet established water quality
targets. The project developer will establish an organization for the common
maintenance of all BMPs. The developer will perform water quality monitoring
for the parameters specified in #7 above in each sub-basin at a minimum of twice
a year throughout project construction and up to three (3) years following
completion for the purpose of determining the effectiveness of the watershed
management plan and water quality model at protecting water quality. Water
quality monitoring reports will be submitted to MCDEP for review and approval
within four (4) weeks following the completion of biannual monitoring activities.
If monitoring data indicates that watershed management plans are not effective at
achieving established water quality targets and goals, then the watershed
management plans will be revised as approved by MCDEP to protect water
quality conditions in the coves and ensure compliance with all established water
quality targets and goals.
12. The project developer shall be required to utilize a NCDOT approved "ditch type"
street section through-out the development in areas where street patterns are
connecting to existing "ditch type" streets and roadways within the development
without residential or commercial driveway access. Sidewalks shall be required
on one side of "ditch type" streets with the other side to be utilized for equestrian
and hiking trails. All natural trails/paths adjacent to streets will be covered with a
stabilizing ground cover to prevent erosion, such as mulch. Any of the foregoing
provisions that depart from standard development regulations must be approved
under the Innovative Development provisions of the Mecklenburg County Zoning
Ordinance. (street cross sections attached)
13. The project developer shall evaluate the downstream offsite drainage system and
control the stormwater runoff from the site during and after construction to
prevent associated damage to downstream properties.
14. A 100 linear foot Watershed Buffer shall be maintained throughout the
development in all locations adjacent to the lake's edge. In those areas where the
Watershed Ordinance would require a buffer greater than 100 feet, then the larger
buffer requirement will control.
15. The project developer shall re-vegetate the 100 linear foot Watershed Buffer in
two locations as indicated on a map per MCDEP recommendations.
16. Energy dissipation devices at all storm water outfalls will be sufficient to prevent
erosion within the buffer.
17. The developer proposes the use of low-pressure sewer systems at various
locations on the project. These systems require smaller lift stations on individual
lots. These individual lift stations shall be maintained under a common written
agreement with a contractor who can respond to service calls within twenty-four
13

(24) hours. Each lift station shall be equipped with audible and visual alarms and
the maintenance provider's name and phone number prominently displayed.
Throughout this Rezoning Petition, the terms "Petitioner", "Petitioners," "Project
Developer", will be deemed to include the heirs, devisees, personal representatives,
successors in interest and assignees of the owner or owners of the Site who may be
involved in its development from time to time.
7/23/01 Initial submission
9/21/01 Revisions per Planning Staff Comments
11/08/01 Revisions per Community and Staff Comments
12/11/01 Revisions for BOCC consideration.
02/11/02 Corrections to vesting language, addition of tree notes.
14

Palisades Parkway
A Thoroughfare From
NC Highway 49 (York Road)
And SR #1102 (Youngblood Road)
Charlotte, 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.
Mr. Phillip M. Hayes
Crescent Resources, LLC
400 South Tryon Street, Suite 1300
P.O. Box 1003
Charlotte, NC 28201-1003
Prepared By:
LandDesign, Inc.
223 North Graham Street
Charlotte, NC 28202
Yarbrough-Williams-Houle & Associates, Inc.
730 Windsor Oak Court
Charlotte, NC 28273
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE and NCDWQ
Date : Revised 10/2003
"NOS1401 OROUp
OCT 2 1 2003
WATER QUALIT y SECT
ION
I
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
** This application and supportive documentation has been revised to reflect comments from the NCDWQ. The
submittal includes proposed grading for road crossings, schematic plans depkiing avoidance and
minimization of stream and wetland impacts, and a review of stormwater management requirements for the
project Authorization from the USA CE has been obtained Approval from the NCWRP has been obtained
2. Nationwide, Regional or General Permit Number(s) Requested: 5 Ea NW #14 for Linear
Project.
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Approval Letter from NCWRP has obtained and is attached.
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. Phillip M. Hayes
Mailing Address: Crescent Resources LLC
400 South Tryon Street, Suite 1300
Charlotte NC 28201-1003
Telephone Number: Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S Rindner. PWS - Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704-904-2277 Fax Number: 704-847-0185
E-mail Address: Rindner bellsouthnet
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Palisades Parkwa2(From NC 49 to SR #1102 (Youngblood Road)
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): See attached location maps
5. Site coordinates, if available (UTM or Lat/Long): Crossing *1 35.0873N/80 0322W;#2
35.0857N/80.0288W; #3 35.0771N/80.0241W; #4 35.0777N/81.0314W; #5 35.0764N/81.0322W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for
each crossing of a distinct waterbody.)
6. Property size (acres): Approximately 21 Acres in Right of WU
7. Nearest body of water (stream/river/sound/ocean/lake): Lake Wylie and Tributaries of Lake Wylie
(,Catawba River)
8. River Basin: Catawba River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Former and current agricultural areas, sin family
residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Construction of roadway from NC Highway 49 to Youngblood Road. Along with access to
proposed development areas for the Palisades and others the project was recommended by
Page 2 of 9
the Charlotte Mecklenburg Emergence Management Office for inclusion in the thoroughfare
plan for emergency access and evacuation (see attached letters) A zoning condition for the
Palisades was that the developer design and construct the road The protect will be
constructed with typical earth moving and ailing equipment
11. Explain the purpose of the proposed work: Project is proposed thoroughfare connecting
SR 1102 (Youngblood Road) and NC Highway 49 (York Road) A zoning condition for
Palisades was that the developer design and construct the road.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Wetlands and streams were identified and delineated in the field and verified by the United
States AM Corps of Engineers I addition each crossing location was reviewed in the field by
representatives of NCDENR MRO (Pete Colwell and Mike Parker) and the USACE prior to
design and submittal of this implication The aligpment of the road was planned to avoid and
minimize impacts to stream and wetlands avoid confluences cross at perpendicular angles, and
to utilize existing crossings and disturbances to the extent feasible. minima edstatedelineated in
1999 and in 2003 and utilized in project planning As depicted on the attached map modifications
were made to cross streams at perpendicular angles and avoid bottomland hardwood wetland
areas. Based on review of the project by Steve Chapin of the USACE this project will be
considered a linear project Each crossing is a separate project for permitting purposes.
Additional meetings was held with Mike Parker of the NCDWO-Mooresville Office to further
review the alignment and discuss the avoidance and minimization measures at proposed road
crossing #2 The desi considerations to maintain existing wetland hydrology created by the old
dirt and gravel road as the result of that meeting are incorporated into the planning of the road
crossing. Based on a meeting prior to the application with Steve Chapin of the USACE, impacts
to the streams were further minimized through the inclusion of headwalls. The attached
a licatio ma s and supportive documentation reflect the comments from the USACE and the
NCDW .
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional permits for this project are not anticipated The project is a linear thoroughfare. It is
expected that parcels adjacent to this road will be developed and will be subject to applicable
404/401 permit requirements Schematic plans for the adjacent development have been provided
to depict the overall efforts of the planners and developers to avoid and minimize impacts to
Page 3 of 9
streams and wetlands and are included in this submittal Overall project impacts are expected to
eligible for Nationwide Permits The wetlands and streams have been identified by Leonard S.
Rindner PWS and have been reviewed by the USACE during the review of the wetlands and
streams in codunction with the Palisades Parkway._The project is subject to Lower Lake Wylie
Watershed Protection requirements, Palisades Compliance Plan; SWIM Buffer requirements,
and applicable conditions of the 401 Water Quality Certification when issued for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Road crossings over
perennial streams Crossing #2 will involve wetland impacts.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
#2 NWP #14 .31 ac. no 0 - 200' PFO 1 C
#1 NWP #14 .01 ac. no 0 - 50' PFOIA

!>,Ann a ndina fill
* List each impact separately and identify temporary Impacts. impacts excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at I-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.32 acres within
R/W
Total area of wetland impact proposed: 0.32 acres
Page 4 of 9
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on map)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before impact Perennial or
intermittent?
lease specify)
Crossing # 1 NWP #14 +1001f UT +61 Perennial
Crossing #2 NWP #14 + 1351f UT +6' Perennial
Crossing #3 NWP #14 + 1251f UT + 6' Perennial
Crossing #4 NWP #14 +100' UT +6' Perennial
Crossing #5 NWP #14 + 85' UT +69 Perennial
u._:...a a,.. ,...l..n .•,o un.t oeonr;ntr+a rirw,wn
List each impact separately and identify temporary impacts. impacts unauuc, uuc MV, u.,. .u.uwu
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
?• Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usp-s.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mapguest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site: + 5451E
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: NA
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.)

,__?_ ?_.. _ . t:. .,:•-A r..• X11 nvnnvutinn Aredoino_
* List each impact separately and identity temporary impacts. iutptwia u,toiuuc, vu. M. uv. .......w
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands n stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): It is expected that development adjacent to the yronosed
road will construct stormwater management facilities to meet NCDENR and local watershed
protection requirements such as the Lower Lake Wylie Watershed Protection Ordinance,
Palisades Compliance Plan, and NCDENR-DWO requirements when a 401 WOC is issued.
Page 5 of 9
The individual proiects would be required to meet the above requirements. These projects
would be planned and engineered by others All local certificates of occupancy are subject to
compliance with the Lower Lake Wylie Watershed Protection Ordinance and the Palisades
Compliance Plan, and NCDENR DWQ when applicable to those projects. These future
adjacent development is independent of the Palisades Parkway.
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Meetings were held with the USACE and NCDWQ to review avoidance and minimization
measures taken to avoid and minimize impacts to streams and wetlands. These included
alignments to cross creeks at perpendicular angles to avoid bottomland hardwood wetlands
minimize impacts to local SWIM Buffers, avoidance of stream confluences: tightening of
crossections by the use of headwalls and use of existing disturbances and road crossings.
Overall the length of stream impacts (including the pond) was reduced from approximately 750
linear feet to approximately 545 linear feet There will be strict adherence to an approved
sedimentation and erosion control and strict scrutiny by the City of Charlotte. Construction limits
will be clearly marked to minimize disturbances and prevent unauthorized stream. wetland, and
/or buffer impacts It is expected that the proposed development adjacent to the Palisades
Parkway will avoid and minimize impacts to significant areas of wetlands and streams as
depicted on the Schematic Development Plan. Where applicable to the Palisades Lake Wylie is
protected by 100' buffers The site is being planned in accordance with the Lower Lake Wylie
Watershed Protection Ordinance the Palisades Com.,pliance Plan A summary of the two volume
document is included in this submittal.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
Page 6 of 9
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnnaide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.Meetinsts were held with the USACE and NCDWO
(Pete Colwell and Mike Parker) to review avoidance and minimization measures taken to
avoid and minimize impacts to streams and wetlands These included alignments to cross
creeks at perpendicular angles to avoid bottomland hardwood wetlands minimize impacts to
local SWIM Buffers, avoidance of stream confluences-, tightemnst of crossectxons by the use
of headwalls and use of existing `disturbances and road crossings Overall the length of
stream impacts (including the pond) was reduced from approximately 750 linear feet to
approximately 545 linear feet.
1. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
545 linear feet of stream mitigation is proposed to meet USACE/NCDWQ mitigation
requirements. Mitigation will be provided based on a 1:1 basis - 5451f @ $125/lf = $68,125
.64 acres rounded to .75 acres of wetland mitigation is proposed to meet USACE mitigation
requirements for Crossing #2. Mitigation will be provided as discussed on a 2:1 basis - .32
ac. X 2 = .64 acre rounded to .75 acre @ $24,000/ac = $18,000
Amount of stream mitigation requested (linear feet): 545 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 75 acres
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 7 of 9
M
X.
Environmental Documentation (required by DWQ)
Yes ? No X The project is completely funded, designed, and by the developer(s)
of Palisades as part of a re-zoning requirement"
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) - NA
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local
buffers associated with the project. The applicant must also provide justification for these impacts in Section VII
above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan.
All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the
DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's
discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B
.0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please iden ' ??
Yes No ? If you answered "yes", provide the following mforma#on:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required
calculate the required amount of mitigation by applying the buffer multipliers.
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property,
Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian
Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or
.0260.
Zone* Impact
(square feet) Multiplier Required
Miti ation
1 3
2 1.5
Total
Page 8 of 9
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from the
property.
Stormdraingge from the project will diffused over the buffers utilizing pre-formed scour holes and level
spreaders per NCDWO guidelines These plans have been designed by Yarbrough Williams Houle.
Charlotte NC Contact Marc Houle at 704-556-1990. It is anticipated that the adjacent properties to the
roadway will develop into office retail and residential projects as depicted in the attached submittal All
development adjacent to the roadway is subject to local SWIM buffer ordinance Lower Lake Wv1k
Watershed Protection Requirement and the Palisades Compliance Plan The pnmarv streams include a
100' buffer plus 50% of the floodway fringe and 50' SWIM buffers 100' buffers are required when
Mplicable adjacent to Lake Wylie All commercial multi family residential and high densib residential
sites would require a stormwater management plan as the result of a 401 Water Ouahty Certification. As
required by the Lower Lake Wylie and Palisades Compliance Plan. the Palisades development required to
provide facilities such as as extenlied d lion wetlands. bio-retention and/or stormwater treatment
ponds with filter strips and other acceptable techniques to meet strict stormwater treatment objectives.
Development of the overall stormwater manaement plan is being administered by Mecklenburg County
contact Rusty Rozelle Water Quality Pro&= Manager. 704 - 336- 5500 Charlotte-Mecklenburg
strictly manages and enforces sedimentation and erosion control plans It is proposed that the ad at cent
proiect be subject to the Lower Lake Wylie Watershed Requirements as well as the Palisades
Compliance Plan for the development of the adjacent land to the Parkway if it meets or exceeds
NCDENR DWO Wetlands Unit Requirements The stormwater management plan will be submitted to
NCDWQ - wetlands unit for verification.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater
generated from the proposed project, or available capacity of the subject facility.
Charlotte - Mecklenburg Utilities
XUL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ?No X
Is this an after-the-fact permit application?
Yes ?No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
Q r lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
schedul o
r' s s outside g ,the applicant's control).
Z6/4/63
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
wiecluenourg l-,UUlllyI ivt, rvlruuu -._.r...----r-- ---------- -
Mecklenburg County, North Carolina
POLARIS
Property Ownership Land Records Information System
Date Printed: Fri Oct 17 2003 16:20:14 GMT-0400 (Eastem Standard Time)
IMPACTS REQUIRING 401 WQC WILL REQUIRE
STORMWATER MANAGEMENT PLAN FOR COMMERCIAL,
BUSINESS, INSTITUTIONAL, AND HIGH DENSITY
1 of 1 RESIDENTIAL DEVELOPMENT 10/17/2003 4:23 PM
This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds,
plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map are hereby notified that the
aformentioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping
contractors assume no legal responsibility for the information contained herein.
The Palisades Compliance Plan
After February 13, 2002, The Palisades development (see Attachment 1) will be within the City of
Charlotte's land use jurisdiction. The specific requirements included as part of the rezoning notes for the
protection of water quality will require review and approval by Mecklenburg County working in
cooperation with Charlotte Land Development staff. Provided below is a list of these specific water
quality requirements as well as the parties responsible for fulfilling these requirements and the actions
necessary by the City of Charlotte and Mecklenburg County to ensure compliance.
The Palisades development is unique in that it will rely on three (3) basic principles for protecting water
quality which go beyond what is required by existing water supply watershed protection ordinances:
1. Thorough assessment of water quality conditions before, during and after development through
the implementation of a comprehensive water quality monitoring plan.
2. Use of a water quality model relying on data inputs generated from monitoring activities for the
establishment of specific water quality targets for the development and the selection of best
management practices to ensure that the targets are met.
3. Development of a watershed management plan specifying the best management practices and land
development techniques necessary for ensuring compliance with water quality targets during and
after development. All site development must be performed in strict accordance with this plan. If
water quality monitoring activities determine noncompliance with established water quality
targets as a result of development activities, the plan must be modified as necessary to bring the
site back into compliance.
Similar conditions were also applied to the "Pappas Development" located in the Steele Creek
Community off Dixie River Road, which received rezoning approval from Mecklenburg County in June
2001.
R uirement Responsible Party Actions Necessary To Ensure Compliance
SEWAGE DISPOSAL
Equip pump stations located in close Developer Charlotte Mecklenburg Utilities must
proximity to the lake with the following review and approve plans and inspect and
protection devises: on-site generator with approve construction activities prior to the
weekly automatic exerciser, audible and release of Certificates of Occupancy by
visible high water alarms, high water Mecklenburg County Code
auto dialer scatta system, power surge Enforcement.
protection and lightening protection, and
24-hour storage capacity.
Equip every lift station within the Developer Mecklenburg County Code
collection system with audible and visual Enforcement must review and approve
alarms and the maintenance provider's plans and inspect and approve
name and phone number prominently construction activities prior to the release
displayed. of Certificates of Occupancy.
Maintain individual lift stations under a Developer Mecklenburg County Dept. of
common written agreement with a Environmental Protection (MCDEP)
contractor who can respond to service must review and approve the contractor
calls within twenty-four (24) hours. agreement prior to the release of
Certificates of Occupancy by
Mecklenburg County Code
Enforcement.
Requirement Responsible Party Actions Necessary To Ensure Compliance
Evaluate the downstream, off site Developer The drainage system evaluation and
drainage system and control the control measures must be reviewed and
stormwater runoff from the site during approved by Charlotte Land
and after construction to prevent damage Development prior to the release of
to downstream properties. grading permits.
Maintain a 100 linear foot watershed Developer The developer will be required to field
buffer throughout the development in all identify all buffers prior to initiating land
locations adjacent to the lake's edge disturbing activities. These buffers must
unless a wider buffer is required by the also be adequately identified on all plans.
Ordinance. Buffers must be inspected and approved
by Charlotte land Development prior to
the release of Certificates of Occupancy
by Mecklenburg County Code
Enforcement.
Revegetate the 100 linear foot watershed Developer Revegetation must be inspected and
buffer in two locations as indicated on a approved by MCDEP prior to the release
map per MCDEP recommendations. of grading permits by Charlotte Land
Develo meat.
Install energy dissipation devices at all Developer Energy dissipators must be inspected and
storm water outfalls that are adequate to approved by Charlotte Land
prevent erosion within the buffer. Development prior to release of
Certificates of Occupancy by
Mecklenburg County Code
Enforcement.
Review and approve land development Charlotte Land Development All land development practices must be
plans. No plans are to be approved until reviewed and approved by Charlotte
MCDEP has approved the watershed Land Development prior to plan
management plan. approval.
-
Inspect land development practices Charlotte Land Development All land development practices must be
including maintenance of buffers. reviewed and approved by Charlotte
Land Development. Failure to comply
with approved plans will result in
enforcement actions/fines.
EROSION CONTROL
Develop an erosion control plan Developer Charlotte Land Development must
including inlet protection, double silt review and approve the erosion control
fences, two stage sediment basins with plan. Prior to the release of grading
outlet wiers sized for a 50-year storm permits, Charlotte Land Development
single family lot erosion control
event will ensure that all erosion control
,
measures, sediment basins and other measures are properly installed per the
sediment reduction devices left in approved plan.
operation until construction activities are
completed and stabilized, development
and implementation of an erosion control
maintenance plan.
Implement the approved erosion control Developer All erosion control practices must be
plan inspected and approved by Charlotte
Land Development. Failure to comply
with approved plans will result in
enforcement actions/fines.
GOLF COURSE
Develop a maintenance plan that Developer MCDEP must review and approve
minimizes the use of herbicides and maintenance plans prior to the release of
fertilizers in order to reduce negative grading permits by Charlotte Land
impacts to surface waters. Development.
Requirement Responsible Party Actions Necessary To Ensure Compliance
.__
Calculate impervious area for compliance Developer Sub-basin delineations and impervious
with the existing Lower Lake Wylie area calculations must be included on all
Ordinance based on the 8 sub-basins land development plans. The developer
within the proposed development as must also develop a means for continually
approved by MCDEP. BMPs shall be tracking impervious area during project
required for all sub-basins that exceed development and this information must be
20% impervious cover. made available to Charlotte Land
Development. Land development permits
will be with held until impervious area
calculations and the tracking system are
approved by Charlotte Land
Development.
Require all on-site contractors and sub- Developer MCDEP must approve all training
contractors to take approved MCDEP programs. Grading permits will bewith
training program to include information held by Charlotte Land Development
concerning specific water quality and building permits with held by
concerns and the measures necessary to Mecklenburg County Code
Enforcement until training is completed.
prevent water quality problems,
Employ an enforcement officer to Developer MCDEP must meet with the enforcement
monitor compliance with erosion control, officer and provide necessary training and
buffer and watershed protection information. Grading permits will be
requirements as well as the requirements with held by Charlotte Land
Development until MCDEP has approved
specified as part of the rezoning
approval. The enforcement officer shall the enforcement officer for duty. All
be empowered to take the actions problems detected by the enforcement
necessary to ensure the correction of all officer must be reported to MCDEP and
problems detected. Charlotte Land Development within 24
hours of detection.
BMPs must be constructed in accordance Developer MCDEP working in cooperation with
with approved plans and specifications Charlotte Land Development must
and in conformance with the criteria inspect and approve all BMP construction
contained in the watershed management prior to the release of Certificates of
plan Occupancy by Mecklenburg County
Code Enforcement. As built plans must
be submitted to Charlotte Land
Develo ment for all BMPs.
Establish an organization for the Developer The responsible organization must be
common maintenance of all BMPs, approved by Charlotte Land
Development prior to the approval of the
final plat. The organization must also be
clearly identified on the final plat as the
responsible party. MCDEP will conduct
ongoing BMP inspection and sampling.
Utilize a NCDOT approved "ditch type" Developer The ditch type street sections must be
street section in areas where street reviewed and approved by Charlotte
patterns are connecting to existing "ditch Land Development prior to plan
type" streets and roadways without approval.
residential or commercial driveway
access. Sidewalks shall be required on
one side of "ditch type" streets with the
other side to be utilized for equestrian/
hiking trails. All natural trails/paths
adjacent to streets will be covered with
stabilizing ground cover.
Requirement Responsible Party Actions Necessary To Ensure Compliance
Inspect golf course during and after MCDEP MCDEP will work with Mecklenburg
County Zoning in the assessment of fines
construction to ensure compliance with for violation of rezoning requirements.
the maintenance plan.
TREE PRESERVATION
Comply with tree preservation Developer Tree preservation must be specified on all
land development plans. Charlotte Land
requirements. Development will review these plans for
compliance with rezoning requirements.
Charlotte Land Development will
perform onsite inspections during and
after construction to ensure compliance.
liaMwv?.w?.v.?
The Palisades

Estimated Project Boundary
Watershed Boundary and # Acres
Stream and Lake Front
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200330255 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources, LLC, Attn: Mr. Phillip M. Hayes
Address: P.O. Box 1003
Charlotte, NC 28201-1003
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Palisades Parkway - Thoroughfare From NC 49 (York Rd.) to SR 1102 (Youngblood Rd.)
Description of Activity:
Construct a public thoroughfare connecting two existing public roads. Five separate
culverted, perpendicular crossings will be required to complete the project (Studman Branch
and unnamed tributaries to Lake Wylie). As a result of the crossings, approx. 545 LF of
stream channel and 0.32 acre of wetlands will be impacted.
MITIGATION: The Permittee shall mitigate for 545 LF of unavoidable impacts to stream
channel and 0.32 acre of wetlands associated with this project by payment to the NC
Wetlands Restoration Program (NCWRP) in an amount determined by NCWRP, sufficient
to perform 545 LF of warm water stream restoration and 0.64 acre of wetland restoration or
creation in the Catawba River basin (Cataloging Unit 03050101). Construction within
streams and wetlands shall begin only after the permittee has made full payment to the
NCWRP, and the NCWRP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the MOU between
the NCDENR and the Corps, Wilmington District, dated November 4, 1998.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date January 8, 2003
Corps Regulatory Official Steve Chapin Telephone No. [phone]x5
Expiration Date of Verification January 8, 2005
cc: Mr. Leonard S. Rindner
Mr. Ron Ferrell, NCWRP, 1619 Mail Service Center, Raleigh, NC 27699-1619
CESAW Form 591
Revised July 1995
North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
December 12, 2002
Leonard Rindner
3714 Spokeshave Lane
Matthews, NC 28105
Subject: Project: Palisades Parkway
County: Mecklenburg
PIPFA
NCDENR
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) is willing to accept payment for wetland and stream impacts associated with the subject
project. Please note that the decision by the NCWRP to accept the mitigation requirements of this
project does not assure that this payment will be approved by the U.S. Army Corps of Engineers and the
N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact
these agencies to determine if payment to the NCWRP for impacts associated with this project is
appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of
the issued 404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you, the wetland and stream restoration that is necessary to
satisfy the compensatory mitigation requirements for this project is summarized in the following table.
The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in
this tah1P
Stream
(linear feet) Riparian Wetland
(acres) Riparian Buffer
ftZ)
Impact 545 0.32
Mitigation Maximum 1090 0.64
The NCWRP will provide mitigation with an approved combination of wetland restoration,
enhancement or preservation. The wetland mitigation will be provided as specified in the 401 Water
Quality Certification and/or Section 404 Permit for impacts associated with the subject project in
Cataloging Unit 03050101 of the Catawba River Basin. The mitigation will be performed in
accordance with the Memorandum of Understanding between the N.C. Department of Environment and
Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at
[phone].
Sincerel ,
0' ?C
Ronald E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Tim Smith, USACOE - Asheville
Mike Parker, DENR Regional Office-Mooresville
Wetlands Restoration Program 1619 Mail Service Center
[phone]
Raleigh, NC 27699-1619
Fax: [phone]
uww nbwKr -?- ?-- ---
North Carolina
Department of Environment and Natural Resources Fj.WA
'T IMP W
A&WA
Michoct F. Easley, Governor NCDENR
Williaet G. Ross Jr., Secretary
FAX COVER SHEET
TO:
Fax Number: Z-V 30'
FROM:
7 -17-
JS CJ
Phone Number: z
SUBJECT: n?
DATE:
Total of I _ pages (including cover sheet)
Message:
Wetlands Reswration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]
VWW NLWKr 7 1 7 , JJ ?J4 1 ' -' -- -- -- - - - -- - - - .
North Carolina
Department of Environment and Natural Resources ? PTA
Michael F. Easley, Governor NCDENR
William G. Roes Jr., Secretary
October 6, 2003
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
Subject: Palisades Parkway
. Mecklenburg County
Dear Mr. Rindner.;
In response to your letter dated October 5, 2003 requesting a 6-month extension of the original
acceptance letter dated December 12, 2002 for the above project, NC Wetlands Restoration Program.
will. grant a 6-month extension..
Please note that the decision by the NCWRP to extend the 6-month requirement of this project does not
assure that this project will be approved by the U.S. Army Corps of Engineers and the N.C. Division of
Water Quality Wedands/401 Unit. It is the responsibility of the applicant to contact these agencies to
determine if payment to the NCWRP for impacts associated with this project is appropriate.
If you have any questions or need additional information, please contact Carol Shaw at 919-733-5208.
Sincerely,
go, -do
Ronald E. Ferre I
Program Manager
cc: Cyndi Raroly, Wedands401 Unit
Tim Smith, USACOE-Asheville
Mike Parker, DWQ Asheville Regional Office
File
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
October 5, 2003
Mr. Ron Ferrell
NCDENR-Wetland Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Re: Palisades Parkway, Charlotte, Mecklenburg County, NC
Dear Mr. Ferrell:
On behalf of my client, Crescent Resources, LLC, we are requesting re-instatement of
approval to utilize the NCWRP to meet mitigation requirements when the permits are
issued by the USACE and the NCDWQ for stream impacts due to proposed road
crossings. The delay was due to preparation of additional information to be submitted to
NCDENR - Division of Water Quality - Wetlands Unit. The developer is ready to
submit the requested information. Proposed stream impacts will require mitigation
requirements for at least 545 if of stream mitigation and at least 0.64 acres of wetland
mitigation. The cataloging unit is 03050101.
Please contact me if you have any questions or require additional information.
Thank you for your consideration.
CXle--
Leonard S. Rindner, PWS
Environmental Planning Consultant
cc: Mr. Phillip Hayes
Crescent Resources, LLC
P.O. Box 1003.
Charlotte, NC 28201-1003
LEONARD S NE& PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
November 30, 2002
Mr. Ron Ferrell
NCDENR-Wetland Restoration Prgram
1619 Mail Service Center
Raleigh, NC 27699-1619
Re: Palisades Parkway, Mecklenburg County, North Carolina - Stream and
Wetland Mitigation
Dear Mr. Ferrell:
On behalf of my client, Phillip Hayes of Crescent Resources, we are requesting acceptance
to utilize the NCWRP to meet mitigation requirements when the permits are issued by the
USACE and the NCDWQ for wetland and stream impacts. Proposed stream impacts that
will require mitigation requirements are for 545 linear feet. The site is in the Catawba
River Basin.
Wetland mitigation requirements are for 0.32 acres for the Palisades Parkway. The
USACE requested a 2:1 ratio which would require 0.64 rounded to .75 acres of riparian
wetland mitigation.
I am submitting a copy of permit documentation for your review. Please contact me if you
have any questions.
Thank you for your consideration.
teonard S. Rindner, PWS
Environmental Planning Consultant
cc: Phillip Hayes - Crescent Resources
LEONARD S R MINER, PAS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
October 18, 2003
Ms. Cyndi Karoly
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Palisades Parkway - A Thoroughfare From NC Highway 49 (York Road) and SR #1102
(Youngblood Road), Charlotte, North Carolina
Dear Sirs:
On behalf of my client, Crescent Resources, l am requesting the eligibility to utilize Nationwide Permit # 14
for five separate crossings of creeks and wetlands for this linear project, a proposed thoroughfare identified
as Palisades Parkway. As part of the rezoning requirement, the developer is required to construct the
Palisades Parkway through their project. This project has been identified by the Charlotte Mecklenburg
Emergency Management Office and the Mecklenburg County Real Estate Services Department,
Transportation and Property Manager. Letters from these agencies are attached. As discussed, each road
crossing will be designed to minimize stream and wetland impacts to the extent feasible. The proposed
alignment minimizes impacts to bottomland hardwood wetlands and utilizes existing road crossings to the
extent feasible, and includes headwalls to reduce fill slopes. The overall master plan for the Palisades
development has been approved based on extensive analysis and public involvement over several years.
Substantial investments have been made for several years including site planning, marketing, land purchase,
rezoning, survey and environmental studies, etc. Based on an analysis of the proposed adjacent land use,
over 99% of the streams and wetlands on the site will remain undisturbed as the result of this project. The
wetlands including all of the extensive bottomland hardwoods will remain protected within common open
space and regulated stream buffers. The developer is proposing to utilize the NC Wetland Restoration for
the required stream mitigation.
Stormdrainage from the project will diffused over the buffers utilizing pre-formed scour holes and level
spreaders per NCDWQ guidelines. It is anticipated that the adjacent properties to the roadway will develop
into office, retail, and residential projects as depicted in the attached submittal. All development adjacent to
the roadway is subject to the local SWIM buffer ordinance, Lower Lake Wylie Watershed Protection
Requirements, and the Palisades Compliance Plan which are included in this submittal. The primary streams
include a 100' SWIM buffer plus 5011/o of the floodway fringe, 50' SWIM buffers, and 35 ` SWIM buffers.
100' buffers are required where applicable adjacent to Lake Wylie, which exceeds the State requirements.
2
All commercial, multi-family residential, and high-density residential sites would require a stormwater
management plan as well as the result of a 401 Water Quality Certification. As required by the Lower Lake
Wylie and Palisades Compliance Plan, the Palisades development required to provide facilities such as
extended detention wetlands, bio-retention, and/or stormwater treatment ponds with filter strips, and other
acceptable techniques to meet strict stormwater treatment objectives. Development of the overall
stormwater management plan is being administered locally by the City of Charlotte and Mecklenburg
County. It is proposed that the adjacent project be subject to the Lower Lake Wylie Watershed
Requirements, as well as the Palisades Compliance Plan for the development of the adjacent land to the
Parkway, if it meets or exceeds NCDENR - DWQ - Wetlands Unit Requirements. The stormwater
management plan will be submitted to NCDWQ - wetlands unit for verification.
Site Sped Informadon
The site is within the Lower Lake Wylie Watershed of the Catawba River Basin - Water Classification Q.
The majority of the site is moderately sloping to steep agricultural land and timbered woodland in
secondary succession.
Sonunory of Winters of the U.&
Wetland delineation was conducted to determine the actual extents and surveyed for planning and study
Purposes.
Methodology
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 must be identified as described in the manual. The wetland boundary and surface waters were
identified in the field and were reviewed and verified by the USACE (Steve Chapin). The approved
delineation has been used for planning and potential permitting purposes.
General Wetland Classification and Description
The streams on the site are perennial to intermittent. The majority of the streams have important aquatic
value. Characteristics include persistent pools, riffle and pool complexes (a "special aquatic site") in the
perennial streams, fish in the lower portions, amphibians and macro-invertebrates; evidence of wildlife
utilizing the stream; and rocky, gravelly, and sandy channel substrate. The riparian areas can be classified
as Palustrine Forested Broad Leaved and Scrub Shrub (PFOIA, PFO1C, PSSIA). According to the North
Carolina Resource Conservation Service, Technical Guide-Section II-A-2, June 1991, Monacan soils are
listed as Map Units with inclusions of Hydric Soils in Mecklenburg County. The forested and scrub/shrub
headwater wetland areas are dominated by Facultative, Facultative Wet and Obligate species. Trees include
willow oak, green ash, red maple, black willow, alder, silky dogwood, and sweetgum. Understory and
herbaceous strata includes smilax, microstegium, sedges, soft rush, and others. Herbaceous and scrub/shrub
vegetation is more dominant in areas subject to constant saturation or flooding, and areas in earlier
succession.
Vegetative Communities
A majority of the site is in various stages of old field succession from formerly farmed areas and woodland
in succession from timbering activities.
Bonomland Hardwood/Headwater Forest
The Bottomland Hardwood and Headwater Forests on this site have developed in the moderately sloping
drainage ways. Species, which occur in these areas, include tulip-poplar (dominant species), sweetgum, red
maple, hackberry, red oak, ironwood, and other typical species that tolerate these wet and shallow root
conditions. Common understory trees and shrubs include dogwood, and black cherry. Invasive species such
as privet and Russian olive are prevalent. Woody vines include poison ivy, and greenbriar. The herbaceous
layer is variable based on exposure to light. Species include sedge and rush species, jewelweed, and others
Open Field
This includes all cleared non-wetland areas dominated by herbaceous plants. These have been periodically
mowed and are dominated by pasture grasses and perennial herbs including broomsedge, goldenrod, and
bush clover. Other areas have been undisturbed for longer and are in transition to dominant species such as
blackberry, greenbriar, redcedar, pines, and saplings.
Mined Forest
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is
characterized by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas
may have a predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly
pine, with eastern redcedar. Hardwoods include pine, sweetgum, red maple, red oak, white oak, tulip poplar,
hickory, and other common species. The subcanopy contains saplings and seedlings of canopy species.
Other subcanopy species include black cherry, holly, dogwood, elm, and privet. Woody vines common in
the understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wetlands: Southeast (Region 2), US Department of the Interior, Fish and Wildlife Service.
Jurisdictional Waters of the UA and Description
Crossing #1- Road Crossing
1) Perennial to Int. Stream (+ 1001f) + 0.14 acres
2) Wetlands (see plan showing existing road alignment) + 0.01 acres
Total Jurisdictional Waters*
Crossing #2 - Road Crossing
+ 0.14 acres
1) Perennial Stream (+ 135 If) + 0.02 acres
2) Wetlands (see plan showing existing road alignment) + 0.31 acres
Total Jurisdictional Waters* + 0.34 acres
Crossing #3 - Road Crossing
1) Perennial Stream (+ 1251f) + 0.02 acres
Total Jurisdictional Waters* + 0.02 acres
Crossing #4 - Road Crossing
1) Perennial to Int. Streams (+ 100 If) + 0.02 acres
Total Jurisdictional Waters* + 0.02 acres
Crossing #S - Road Crossing
1) Perennial to Int. Streams (+ 85 If) + 0.02 acres
Total Jurisdictional Waters* + 0.02 acres
Results of Prelhninary Discussions with USA CE and the NCDWQ
The developers are committed to creating an environmentally responsible project. The plan and
commitments made in this section reflect a positive response to the preliminary discussions, determinations,
and concerns of the regulatory agencies. Except for temporary construction and development impacts, we
believe that the proposed project with the proposed mitigation will not cause significant cumulative impacts
to the ecological functions or values of Jurisdictional Waters of the United States.
Owerall Proposed Linear Project Impacts for Palisades Parkway Thoroughfare (S Separate Crossings)
1) Wetland (PFOIA, PFO1C) NWP#14 + 0.32 acres
2) Perennial and Int. Streams NWP #14 (545 linear feet) + 0.08 acres
Total Jurisdictional Waters*
Minimization of Construction Impacts
+ 0.40 acres
The following 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) Methods to prevent short-term impacts will be inspected regularly and maintained during
construction of the project.
d) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.
e) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
5
Mitigation Plan
The mitigation plan is proposed to minimize the loss of stream habitat by the proposed road crossings.
Road crossings requiring multiple culverts will be designed to maintain unimpeded normal flow through
one of the culverts.
Stream Midgadon
To meet restoration mitigation requirements for stream impacts by grading, the developer is proposing to
contribute $68,125 to the North Carolina Wetland Restoration Program (545 If X $125/1f).
Wetland MhVadon - NWP #14
To meet restoration mitigation requirements for wetland impacts by grading, the developer is proposing to
contribute $15,680 if to the North Carolina Wetland Restoration Program (2 X 0.32 X $24,500).
Total Mitigation Fee Proposed for Palisades Parkway Thoroughfare = S 83,805
Stormwater Management
Stormdrainage from the project will diffused over the buffers utilizing pre-formed scour holes and level
spreaders per NCDWQ guidelines. It is anticipated that the adjacent properties to the roadway will develop
into office, retail, and residential projects as depicted in the attached submittal All development adjacent to
the roadway is subject to local SWIM buffer ordinance, Lower Lake Wylie Watershed Protection
Requirement, and the Palisades Compliance Plan. The primary streams include a 100' buffer plus 5001o of
the floodway fringe and 50' SWIM buffers. 100' buffers are required where applicable adjacent to Lake
Wylie. All commercial, multi-family residential, and high density residential sites would require a
stormwater management plan as the result of a 401 Water Quality Certification. As required by the Lower
Lake Wylie and Palisades Compliance Plan, the Palisades development are required to provide facilities
such as extended detention wetlands, bio-retention, and/or stormwater treatment ponds with filter strips, and
other acceptable techniques to meet strict stormwater treatment objectives. Development of the overall
stormwater management plan will be administered by Mecklenburg County. It is proposed that the adjacent
project be subject to the Lower Lake Wylie Watershed Requirements, as well as the Palisades Compliance
Plan for the development of the adjacent land to the Parkway, if it meets or exceeds NCDENR - DWQ -
Wetlands Unit Requirements. The stormwater management plan will be submitted to NCDWQ - wetlands
unit for verification.
Protection from Future Development
Development of the protected areas will be deed restricted in the adjacent development are expected to be
subject to restrictive covenants or similar mechanisms which will be developed for approval by the USACE
and/or NCDWQ.
Tkreatened 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 Schweinitz's sunflower
and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields,
margins, and forested openings. Based on a site reconnaissance, habitat conducive to support the
Schweinitz's sunflower is not present in the project area. The Carolina heelsplitter is a freshwater mussel,
6
which prefers shaded areas either, in a ponded portion of a small stream or in runs along steep banks with
moderate current. Primary habitat is 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.
Aquatic Habitat
The aquatic systems in the project area consist of tributaries in the Catawba River Basin. A variety of
wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control
plan will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. The Carolina Darter (Etheostoma collis) is a fish that
inhabits small streams such as those found in the project area and may occur in Culvert Branch. 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. 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
The project site is disturbed from previous agricultural activities. No structures were found on the site. The
State Historic Preservation Office has been notified. in response to a request for more information from the
SHPO additional study is in progress.
Conclusion
Based on the value of the jurisdictional waters and wetlands on this site, the developer has chosen to avoid
and minimize impacts to streams and wetlands to the fullest extent feasible by early planning that included
the USACE and the NCDWQ. The Mitigation Plan will provide funds for the restoration of streams in
North Carolina. The stormwater from the land use that will occur as the result of this project will be treated
according to the Lower Lake Wylie Watershed Protection Ordinance, the Palisades Compliance Plan,
NCDENR, Charlotte/Mecklenburg SWIM Buffers and 100' foot buffers along Lake Wylie.
Please contact-me if you have any questions or require additional explanation. Thank you for your
nvironmental Planning Consultant
Professional Wetland Scientist
1 sue.: 1?
Philip M. Hayes
Director, Land Sales
Crescent Resources, LLC
400 South Tryon Street
Suite 1300
P.O. Box 1003
Charlotte, N.C. 28201-1003
November 18, 2002
Mr. Hayes,
Thank you for the opportunity to discuss the proposed Palisades community,
specifically the placement and construction of Palisades Parkway.
The Palisades community is an approximately 1500 acre mixed development planned
for the area between Highway 49 and McKee Road in Southwest Mecklenburg County.
Currently there are several lake and riverfront properties in the proposed area that are
accessed primarily by privately maintained dirt and gravel roads from Youngblood Road
in the northern section of the area and McKee Road in the southern section.
The current plans call for the addition of a paved roadway, Palisades Parkway, to
extend from Highway 49 in the northern section to McKee Road in the southern section.
This roadway will add additional access and egress to the area from Highway 49 as well
as allowing improved access and egress via Youngblood, McKee, and Zoar Road for both
new residents and existing residents along the waterfront. The addition of this roadway
along with the planned upgrades to the private roads will only serve to enhance the access
and egress to the area in times of emergency.
Properly maintained roadways are critical to the enhancement of emergency access
and evacuation. In light of this, the Charlotte Mecklenburg Emergency Management
Office supports the recommendation that this roadway be considered for inclusion in the
Metropolitan Thoroughfare Plan to ensure its adequate maintenance and availability.
Sincerely,
Ste en C. Norman
Emergency Planner
Charlotte-Mecklenburg Emergency Management
CHARLOTTE-MECKLENBURG EMERGENCY MANAGEMENT OFFICE
www.charmeck.nc.us
228 East Ninth Street
Charlotte, NC 28202-2530
PH: 704/336-2412
FAX: [phone]
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MECKLENBURG COUNTY
Real Estate Services Department
November 15, 2002
Mr. Donald W. Spence, P.E., PLS
Kublins Transportation Group, Inc.
800 West Hill Street-Suite 202
Charlotte, North Carolina 28208
SUBJECT: Proposed Palisades Parkway
Dear Don:
This is to confirm our discussions on November 14, 2002 regarding the designation of
Palisades Parkway as a minor throughfare. We will support a recommendations by the Technical
Coordinating Committee (TCC) to the Mecklenburg Union Metropolitan Planning Organization
(MUMPO) to designate the proposed Palisades Parkway from York Road (NC 49) to
Youngblood Road and Youngblood Road from Palisades Parkway easterly to Zoar Road as
minor throughfares.
Sincerely,
Robert F. Binford
Transportation and Property Manager
RFB/mw
CHARLOTTE
USA
PEOPLE • PRIDE • PROGRESS • PARTNERSHIP
91 i East Fourth Street • Charlotte. North Carolina • [phone] • Fax [phone]
ww??.co.Mecklenburg.nc.us/coeng
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The Palisades Compliance Plan
After February 13, 2002, The Palisades development (see Attachment 1) will be within the City of
Charlotte's land use jurisdiction. The specific requirements included as part of the rezoning notes for the
protection of water quality will require review and approval by Mecklenburg County working in
cooperation with Charlotte Land Development staff. Provided below is a list of these specific water
quality requirements as well as the parties responsible for fulfilling these requirements and the actions
necessary by the City of Charlotte and Mecklenburg County to ensure compliance.
The Palisades development is unique in that it will rely on three (3) basic principles for protecting water
quality which go beyond what is required by existing water supply watershed protection ordinances:
1. Thorough assessment of water quality conditions before, during and after development through
the implementation of a comprehensive water quality monitoring plan.
2. Use of a water quality model relying on data inputs generated from monitoring activities for the
establishment of specific water quality targets for the development and the selection of best
management practices to ensure that the targets are met.
3. Development of a watershed management plan specifying the best management practices and land
development techniques necessary for ensuring compliance with water quality targets during and
after development. All site development must be performed in strict accordance with this plan. If
water quality monitoring activities determine noncompliance with established water quality
targets as a result of development activities, the plan must be modified as necessary to bring the
site back into compliance.
Similar conditions were also applied to the "Pappas Development" located in the Steele Creek
Community off Dixie River Road, which received rezoning approval from Mecklenburg County in June
2001.
Requirement Responsible Parry Actions Necessary To Ensure Compliance
SEWAGE DISPOSAL
Equip pump stations located in close Developer Charlotte Mecklenburg Utilities must
proximity to the lake with the following review and approve plans and inspect and
protection devises: on-site generator with approve construction activities prior to the
weekly automatic exerciser, audible and release of Certificates of Occupancy by
visible high water alarms, high water Mecklenburg County Code
auto dialer scatta system, power surge Enforcement.
protection and lightening protection, and
24-hour storage capacity.
Equip every lift station within the Developer Mecklenburg County Code
collection system with audible and visual Enforcement must review and approve
alarms and the maintenance provider's plans and inspect and approve
name and phone number prominently construction activities prior to the release
displayed. of Certificates of Occupancy.
Maintain individual lift stations under a Developer Mecklenburg County Dept. of
common written agreement with a Environmental Protection (MCDEP)
contractor who can respond to service must review and approve the contractor
calls within twenty-four (24) hours. agreement prior to the release of
Certificates of Occupancy by
Mecklenburg County Code
Enforcement.
Requirement Responsible Party Actions ecessary To Ensure Compliance
MONITORING
Evaluate and approve all monitoring site MCDEP MCDEP must review and approve
locations in each sub-basin (lake and monitoring site locations and protocols
stream) as well as monitoring protocols. prior to the initiation of monitoring
activities.
Evaluate hydrologic conditions and MCDEP MCDEP must complete all evaluations by
channel stability at the site. June 2002
Perform ambient and storm water quality Developer MCDEP must review and approve
predevelopment monitoring necessary to predevelopment monitoring activities and
establish base line measurements at the perform split sampling to ensure
MCDEP approved monitoring sites compliance with monitoring protocols
located in the eight (8) coves and four (4) prior to the submission of plans to
streams within the project boundaries Charlotte Land Development.
see Attachment 2).
Perform ongoing monitoring in each sub- Developer MCDEP must review and approve
basin at a minimum of twice a year monitoring reports and perform split
throughout project construction and up to sampling to ensure compliance with
three (3) years following completion for monitoring protocols. The developer will
the purpose of determining the post a bond to ensure compliance with this
effectiveness of the watershed requirement.
management plan and water quality
model at protecting water quality.
Submit written reports to MCDEP within
four (4) weeks of completing water
quality monitoring activities.
Review water quality monitoring reports MCDEP Charlotte Land Development will
to ensure compliance with targets. foreclose on bond/place holds on building
rmits if noncom liance is detected.
When water quality data indicates Developer MCDEP must review all revised
noncompliance with targets, revise the watershed management plans. Holds on
watershed management plan to ensure building permits will be released when a
future compliance. revised plan is approved and implemented.
Review and approve monitoring site MCDEP MCDEP must approve monitoring site
locations and protocols for measuring locations and protocols prior to the
sediment levels in the eight 8 coves. initiation of monitoring activities.
Measure sediment levels in the eight (8) Developer MCDEP must approve monitoring
affected coves at a maximum of 90 days activities and receive data for all
prior to initiation of land disturbing predevelopment monitoring prior to the
activities and annually thereafter until no release of grading permits by Charlotte
later than one year after construction Land Development. Annual monitoring
activities have been completed in each of will be reviewed and approved by
the sub-basins. MCDEP.
MODELING
Review and approve a water quality MCDEP MCDEP must approve the water quality
model to meet established criteria. model prior to the initiation of modeling
activities.
Run the approved model for existing Developer MCDEP must review and approve the
watershed conditions using baseline data. modeling run prior to setting water quality
targets.
Requirement Responsible Party Actions Necessary To Ensure Compliance
Set water quality targets for the MCDEP MCDEP must set the water quality targets
development using the model run for before modeling runs for future conditions
existing conditions. These targets will be are performed. MCDEP will involve
designed to ensure compliance with all Charlotte Land Development and
applicable water quality standards and Charlotte Storm Water Services in this
MCDEP action levels as well as process.
conformance with designated uses
established in the North Carolina
Administrative Code. In addition, the
targets will ensure that all downstream
waters are suitable for aquatic life
propagation and maintenance of
biological integrity and wildlife.
Run the approved model for future Developer MCDEP must evaluate and approve the
conditions using The Palisades modeling runs for future conditions prior
development plans with BMPs to meet to the release of grading permits by
MCDEP water quality targets. Charlotte Land Development. MCDEP
will involve Charlotte Storm Water
Services and Charlotte Land
Develo ment in the evaluation process.
Run the approved model for future MCDEP None. This is not a requirement of the
conditions in the entire watershed under rezoning. MCDEP has determined that
buildout to meet MCDEP water quality this needs to be done to ensure protection
targets. of water quality from future development.
WATERSHED MANAGEMENT PLAN
Complete a watershed management plan Developer MCDEP must review and approve the
for the entire project by sub-basin using watershed management plan prior to the
the water quality model as the primary submission of plans to Charlotte Land
tool in the development of the plan. The Development. The watershed
plan will contain designs for the management plan must include design
structural and nonstructural best criteria for all BMPs. MCDEP will work
management practices (BMPs) based on with Charlotte Land Development in the
best available technology for use within review and approval of innovative erosion
the development to ensure that all water control and BMP designs for meeting
quality goals are achieved and that established water quality targets.
concentrations of pollutants do not Charlotte Land Development will ensure
exceed MCDEP water quality targets. that the watershed management plan is
Where practical, the developer will also incorporated into all development plans
incorporate development principles for for the project.
reducing impervious cover.
Development activities must be MCDEP Charlotte Land Development in
performed in strict accordance with the cooperation with MCDEP will inspect the
Approved watershed management plan. site to ensure ongoing compliance with the
watershed management plan.
Noncompliance with the approved plan
will result in enforcement actions/fines.
LAND DEVELOPMENT
Limit the size of denuded areas within Developer Denuded area specifications must be
each sub-basin. Phase land disturbing contained in land development plans.
activities within the residential portion of Land development permits will be with
the development (not including golf held until specifications are approved by
course and parkway) in a manner not to Charlotte Land Development.
exceed fifty (50) acres of denuded area
within any sub-basin. Stabilization shall
occur as soon as feasible.
Requirement Responsible Party Actions Necessary To Ensure Compliance
Calculate impervious area for compliance Developer Sub-basin delineations and impervious
with the existing Lower Lake Wylie area calculations must be included on all
Ordinance based on the 8 sub-basins land development plans. The developer
within the proposed development as must also develop a means for continually
approved by MCDEP. BMPs shall be tracking impervious area during project
required for all sub-basins that exceed development and this information must be
20% impervious cover. made available to Charlotte Land
Development. Land development permits
will be with held until impervious area
calculations and the tracking system are
approved by Charlotte Land
Development.
Require all on-site contractors and sub- Developer MCDEP must approve all training
contractors to take approved MCDEP programs. Grading permits will be with
training program to include information held by Charlotte Land Development
concerning specific water quality and building permits with held by
concerns and the measures necessary to Mecklenburg County Code
Enforcement until training is completed.
prevent water quality problems.
Employ an enforcement officer to Developer MCDEP must meet with the enforcement
monitor compliance with erosion control, officer and provide necessary training and
buffer and watershed protection information. Grading permits will be
requirements as well as the requirements with held by Charlotte Land
Development until MCDEP has approved
specified as part of the rezoning
approval. The enforcement officer shall the enforcement officer for duty. All
be empowered to take the actions problems detected by the enforcement
necessary to ensure the correction of all officer must be reported to MCDEP and
problems detected. Charlotte Land Development within 24
hours of detection.
BMPs must be constructed in accordance Developer MCDEP working in cooperation with
with approved plans and specifications Charlotte Land Development must
and in conformance with the criteria inspect and approve all BMP construction
contained in the watershed management prior to the release of Certificates of
plan Occupancy by Mecklenburg County
Code Enforcement. As built plans must
be submitted to Charlotte Land
Develo went for all BMPs.
Establish an organization for the Developer The responsible organization must be
common maintenance of all BMPs. approved by Charlotte Land
Development prior to the approval of the
final plat. The organization must also be
clearly identified on the final plat as the
responsible party. MCDEP will conduct
ongoing BNV inspection and sampling.
Utilize a NCDOT approved "ditch type" Developer The ditch type street sections must be
street section in areas where street reviewed and approved by Charlotte
patterns are connecting to existing "ditch Land Development prior to plan
type" streets and roadways without approval.
residential or commercial driveway
access. Sidewalks shall be required on
one side of "ditch type" streets with the
other side to be utilized for equestrian/
hiking trails. All natural trails/paths
adjacent to streets will be covered with
stabilizing ground cover.
Requirement Responsible Party Actions Necessary To Ensure Compliance
Evaluate the downstream, off site Developer The drainage system evaluation and
drainage system and control the control measures must be reviewed and
stormwater runoff from the site during approved by Charlotte Land
and after construction to prevent damage Development prior to the release of
to downstream ro rties.
Maintain a 100 linear foot watershed
Developer grading permits-
The developer will be required to field
buffer throughout the development in all identify all buffers prior to initiating land
locations adjacent to the lake's edge disturbing activities. These buffers must
unless a wider buffer is required by the also be adequately identified on all plans.
Ordinance. Buffers must be inspected and approved
by Charlotte land Development prior to
the release of Certificates of Occupancy
by Mecklenburg County Code
Enforcement.
Revegetate the 100 linear foot watershed Developer Revegetation must be inspected and
buffer in two locations as indicated on a approved by MCDEP prior to the release
map per MCDEP recommendations. of grading permits by Charlotte Land
Development.
Install energy dissipation devices at all Developer Energy dissipators must be inspected and
storm water outfalls that are adequate to approved by Charlotte Land
prevent erosion within the buffer. Development prior to release of
Certificates of Occupancy by
Mecklenburg County Code
Enforcement.
Review and approve land development Charlotte Land Development All land development practices must be
plans. No plans are to be approved until reviewed and approved by Charlotte
MCDEP has approved the watershed Land Development prior to plan
management plan.
Inspect land development practices
Charlotte Land Development approval.
All land development practices must be
including maintenance of buffers. reviewed and approved by Charlotte
Land Development. Failure to comply
with approved plans will result in
enforcement actions/fines.
EROSION CONTROL
Develop an erosion control plan Developer Charlotte Land Development must
including inlet protection, double silt review and approve the erosion control
fences, two stage sediment basins with plan. Prior to the release of grading
outlet wiees sized for a 50-year storm permits, Charlotte Land Development
single family lot erosion control
event will ensure that all erosion control
,
measures, sediment basins and other measures are properly installed per the
sediment reduction devices left in approved plan.
operation until construction activities are
completed and stabilized, development
and implementation of an erosion control
maintenance plan.
Implement the approved erosion control
Developer
All erosion control practices must be
plan inspected and approved by Charlotte
Land Development. Failure to comply
with approved plans will result in
enforcement actions/fines.
GOLF COURSE
Develop a maintenance plan that Developer MCDEP must review and approve
minimizes the use of herbicides and maintenance plans prior to the release of
fertilizers in order to reduce negative grading permits by Charlotte Land
impacts to surface waters. Develop-ant-
Requirement Responsible Party Actions Necessary To Ensure Compliance
inspect golf course during and after MCDEP MCDEP will work with Mecklenburg
construction to ensure compliance with County Zoning in the assessment of fines
the maintenance plan. for violation of rezoning requirements.
TREE PRESERVATION
Comply with tree preservation Developer Tree preservation must be specified on all
requirements. land development plans. Charlotte Land
Development will review these plans for
compliance with rezoning requirements.
Charlotte Land Development will
perform onsite inspections during and
after construction to ensure compliance.
?1?a.wa.rrrrsvrr? i
The Palisades
Estimated Project Boundary
Watershed Boundary and # Acres
Stream and Lake Front
0 Lake Monitoring Site

Attachment 2
Water Quality Monitoring
Parameter Sam Un Frequency
Temperature Continuous stream monitoring with field probe (7 days a week, 24 hours a
day), Monthly lake monitoring during 2002, Twice Yearly lake monitoring
thereafter until 3 ears after project completion
pH Continuous stream monitoring with field probe (7 days a week, 24 hours a
day), Monthly lake monitoring during 2002, Twice Yearly lake monitoring
thereafter until 3 ears after project completion
Conductivity Continuous stream monitoring with field probe (7 days a week, 24 hours a
day), Monthly lake monitoring during 2002, Twice Yearly lake monitoring
thereafter until 3 ears after project completion
Dissolved Oxygen Continuous stream monitoring with field probe (7 days a week, 24 hours a
day), Monthly lake monitoring during 2002, Twice Yearly lake monitoring
thereafter until 3 ears after project completion
Turbidity Continuous stream monitoring with field probe (7 days a week, 24 hours a
day), Monthly lake monitoring during 2002, Twice Yearly lake monitoring
thereafter until 3 ears after project completion
Total Phosphorus Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion.
Orthophosphorus Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
TKN Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
NH3 Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
NO3 Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
NO2 Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
Total Nitrogen Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
Total Suspended Solids Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
Fecal Coliform Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
Alkalinity Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitori n thereafter until 3 ears after project completion
BOD Monthly lake and stream monitoring during 2002, Twice Yearly lake
monitoring thereafter until 3 ears after project completion
Total Metals (Cu,Fe,Mn, Monthly lake and stream monitoring during 2002, Twice Yearly lake
Zn,Sb,As,Ba,Be,Cd,Pb, monitoring thereafter until 3 years after project completion
H ,Ni,Se,A ,Tl)
Pesticides/Herbicides Stream monitoring at sites PALS3 and PALS4 (downstream of golf course)
once during the Spring and Fall until 3 ears following project completion
Chlorophyl a Monthly lake monitoring during 2002, Twice Yearly lake monitoring
thereafter until 3 ears after project completion
Secchi Depth Monthly lake monitoring during 2002, Twice Yearly lake monitoring
thereafter until 3 ears after project completion
SEE ITEMS 21 REGARDING LOWER LAKE WYLIE
WATERSHED PROTECTION REQUIREMENTS
Palisades
Master Planned Community
Development Notes
This Petition proposes the development of a master planned community containing
a mixture of residential, office, retail, and open space uses. This concept has been
developed to further the objectives of the adopted Westside Strategic Plan. It
incorporates the development of needed transportation infrastructure to serve the
proposed development as well as other existing and future development in the area.
It has been designed taking into account the difficult topography common to this
part of the county and has incorporated open space elements to protect
environmentally sensitive areas. It contains extensive provisions in direct response
to concerns about water quality in Lake Wylie and additional restrictions on
development that will significantly reduce the impact of the proposed development
over what the present standards would permit. It will provide for a variety of
residential types and densities, with higher densities focused in the Town Center and
lower densities transitioning to the existing community fabric.
Development of the site will be controlled by the standards depicted on this site plan
and by the standards of the Mecklenburg County Zoning Ordinance. The
development depicted on this plan is intended to reflect the arrangement of proposed
uses on the site, but the exact configuration, placement, and size of individual site
elements may be altered or modified within the limits prescribed by the ordinance
during the design development and construction phases. This allowance applies to all
site elements, including building areas, open space areas, recreation and golf course
areas, and the configuration of streets. This proposal is intended to enable the
development of a master planned community composed of retail and service uses,
employment and office uses, multifamily housing, single family attached, and single
family detached housing interconnected with open space, pedestrian, bicycle,
equestrian, and/or vehicular linkages. Due to the size of the proposed development,
the timing of the availability of water and sewer service, the significant infrastructure
commitments, and the anticipated build out over a number of years, the Petition
includes the vesting of the approved plan for the property for five years. The
Petitioner acknowledges that upon expiration of the vesting period, the site may be
required to comply with additional development standards imposed by the City of
Charlotte under its extraterritorial jurisdiction.
2. The site may be developed for any use allowed in the MX-2 as allowed by the
ordinance in accordance with the standards of that district and the restrictions of this
site plan as noted below. In keeping with an intended equestrian focus for a portion
of the site, the only MX-3 use that will be allowed in the requested MX-3 district for
the site will be a boarding stable and related uses that will be associated with the
equestrian areas and trails within the site. The Petitioner will construct a mixed-use
development in general conformity with the schematic plan. The Petitioner will
provide pedestrian, bicycle, and/or equestrian connections from within the site to
other site elements and uses and to public sidewalks, balancing the need for vehicular
as well as pedestrian access. The Petitioner may place retail uses within office
buildings on the site as well as within the retail center in order to further the mixed-
use nature of the site.
3. Residential densities may vary in different portions of the site in keeping with the
various dwelling types. The density of the areas within the site will be controlled by
the standards of the MX-3 district. Residential uses may be located within any
portion of the site including retail and office areas as a mixed use on the site and
within mixed use structures. Retail uses within the Town Center portion of the site
may include uses such as supermarket, general merchandise, hardware, business
services, banks, civic, dry cleaners, personal services, restaurant, automobile service
station, or similar uses designed and intended to serve not only the residents in this
mixed-use community, but the residents in the surrounding areas as well. The uses
that may locate on an out parcel will be designed as part of the overall development in
terms of consistent landscaping, signage, and architectural style. More than one use
or type of use may locate on an out parcel so long as the uses are located within the
same structure. In view of the fact that a portion of the Town Center site is presently
zoned B-2, the Town Center may include up to 4 total retail outparcels, only one of
which may be used for a restaurant with drive in service and only one of which may
be used for an automobile service station.
In accordance with all other provisions of this Petition, the Town Center may include
up to 200,000 sq. ft. of retail floor area and up to 100,000 sq. ft. of office floor area.
However, the development of the Town Center will be limited by the following
provision. The initial development of the Town Center will be limited to a total of
100,000 sq. ft. of retail floor area, 30,000 sq. ft. of office floor area, and two single
tenant out parcels, only one of which may be used for a restaurant with drive in
service and only one of which may be used for an automobile service station.
Thereafter, no additional retail or office floor area or out parcels may be developed
unless and until a District Plan Amendment is considered and approved that would
allow the additional retail and office floor area and any additional out parcels. Such
Plan Amendment may be initiated at any time after the approval of this Petition. If
such a Plan Amendment is approved, then the additional floor area and out parcels
that may be approved for the site may be constructed in accordance with the
conditions and standards of this Petition without the need for any further rezoning of
the site. This limitation does not apply to the 10,000 sq. ft. of proposed office and/or
retail floor area to be located within the Village Center portion of the plan. The area
(in acres) will be limited by the provisions of the MX-2 district based on the number
of dwelling units approved for the site.
4. Buffer areas and project edges will be developed in accordance with Sect. 12.302 and
Sect. 9.805(7)(e) respectively. Required buffers and project edges on the site may be
eliminated or reduced if the adjoining parcels are rezoned such that buffers or project
edges are no longer required or if the zoning jurisdiction for the property changes so
that buffers would not be required by the Ordinance of that jurisdiction. The
Petitioner acknowledges the numerous variations of buffers that may be required
within and along the boundary of the site depending on the final uses developed on
various portions of the site.
2
Stormwater detention facilities, if provided, will be designed to meet the applicable
standards of Charlotte/Mecklenburg Stormwater Services. Stormwater detention
facilities, if provided, will not be located within zoning buffer or setback areas unless
the need for environmental management of stormwater or the topography of the site
dictates that such facilities may not be reasonably located elsewhere.
6. Any detached lighting on the site will be limited to 30 feet in height, in the
commercial portions of the site. No `wal pak' lighting will be used and pedestrian
lighting limited to 15' in height will be installed in pedestrian areas, except for
pedestrian trails in undisturbed or natural areas.
7. Signage will be permitted in accordance with applicable Zoning standards.
Parking will be provided which will meet or exceed the standards of the Zoning
ordinance.
9. Screening will conform to the applicable standards of Sect. 12.303 of the Zoning
ordinance.
10. The Petitioner may designate areas labeled as `village residential', and such areas
denote portions of the site that may be used for single family detached, single family
attached, patio, zero lot line, or other types and styles of housing with appropriate
buffers if required. The Petitioner reserves the right to relocate such areas within the
site, but will not relocate any such area at the outside edge of the overall project
unless indicated on the site plan at the time of approval. However, village residential
uses may not be located on properties within the site if other properties on at least two
sides of the site have already been developed and occupied unless the site was
previously indicated on the site plan as available for village residential uses. All
village residential development will be "for sale" development and will be limited to
a maximum density on any particular site of 8 units per acre. Village residential areas
used for attached housing or zero lot line housing will be separated from all existing
single-family residential uses by a 100' buffer.
In addition, the Petitioner may designate areas labeled as `village center', and such
areas denote portions of the site that may be used to accommodate small scale retail,
office, and service uses limited to the total floor area noted on the site data table. The
Petitioner reserves the right to relocate such areas within the site, but will not relocate
any such area at the outside edge of the overall project unless indicated on the site
plan at the time of approval. However, village center uses may not be located on
properties within the site if other properties on at least two sides of the site have
already been developed and occupied unless the site was previously indicated on the
site plan as available for village center uses.
The Petitioner, as part of the development of a site that borders the Catawba River or
its impoundments, may be required by the provisions section 7.200.9 of the
Subdivision Ordinance to provide `water access lots'. In complying with this
standard, the Petitioner will not install any community docks, launching ramps, or
any facilities for the maintenance, storage, launching or retrieval of watercraft. In
those areas of the site that will be used for single-family development, individual
homeowners will be permitted to apply for individual residential piers in the same
fashion that existing lakefront property owners may apply for such permits.
In the single family and village residential portions of the site:
Street Trees. Street trees will be required.
a. Trees will be large maturing shade trees.
b. Size of trees at planting will be 2" caliper, 8-10 feet tall.
c. Trees planted within 20 ft. of the edge of pavement will be considered street
trees and trees may be planted between the sidewalk or trail.
d. Spacing will be an average of 40-50 ft apart for large maturing shade trees,
and 30-40 feet apart for small maturing shade trees. Where single-family
development is directly across the street from multi-family development
the spacing will be an average of 40 ft.
e. Any existing 2" caliper or greater, large maturing shade tree preserved
within 20 ft. of the back of curb may be counted towards the street tree
requirement if adequately protected during construction. Staff has the
ability to grant a modification for other existing trees on a case-by-case
basis.
2. Tree Save Requirement. An area or areas of the existing tree canopy equaling
ten percent (10%) of the total property area will be saved during development.
Existing and future (reserved) road rights-of-way and utility easements, existing
ponds and lakes, will be subtracted from the total site area before calculating the
percent of site in tree save area.
3. City of Charlotte Tree Ordinance. The portion of the site with non-residential
and multifamily uses shall be subject to the provisions of the Charlotte Tree
Ordinance, as they existed on the date of the approval of this petition.
11. Within the Town Center portion of the site, the Petitioner reserves the right to
increase the authorized number of residential units by converting authorized retail
and/or office area to residential units at the rate of one residential unit for each 100
square feet of retail and/or office area so converted. Up to 100 additional residential
units may be added under this provision. In addition, all multifamily development
will be separated from all existing single-family residential uses by a 100' buffer.
With regard to the proposed school/park joint use site, the Petitioner proposes to dedicate
the site for use as a public school/public park site based on the following schedule of
events and commitments.
• If (1) the Charlotte-Mecklenburg School board (CMS) votes to fund, either with
bonds or other means, the construction and improvement of an elementary
school on the site with such a funding decision to be made by April 1, 2007 for a
bond election (if required) to be conducted in November 2007, or any earlier
time, and (2) the Mecklenburg County Board of County Commissioners
4
(Mecklenburg County) votes to fund, either with bonds or other means, the
construction and improvement of a public park on the site in conjunction with
the construction of a public school with such a funding decision to be made by
April 1, 2007 for a bond election (if required) to be conducted in November
2007, or any earlier time, then the Petitioner will dedicate the entire school/park
site to CMS and/or Mecklenburg County as instructed by CMS and
Mecklenburg County. Such a dedication will be subject to the restriction that the
site be used for school and/or park purposes and that construction of the school
and park on the site must commence by July 1, 2009.
By April 1, 2007, if both CMS and Mecklenburg County have not indicated a
commitment to fund the development of a public school/public park on the site,
with construction to be commenced no later than July 1, 2009, or if, at any time
prior to April 1, 2007, either CMS or Mecklenburg County makes a specific
decision not to use the site for a joint public school/public park facility, then the
Petitioner will be released from any further commitment to dedicate all or any of
the proposed site and thereafter will be free to use the site for any other purpose
permitted by the approved zoning plan for the site.
If the November 2007 bonds (if required) are not approved or if, after the
approval of the bonds, either CMS or Mecklenburg County makes a decision
that would result in either CMS or Mecklenburg County not following through
on the funding of either the public school or the public park, construction to
commence no later than July 1, 2009, then the Petitioner will be released from
any further commitment to dedicate all or any of the proposed site and thereafter
will be free to use the site for any other purpose permitted by the approved
zoning plan.
Finally, in conjunction with the provisions above, the Petitioner agrees that if the
dedication commitment is terminated as outlined under any of the circumstances
above, then, prior to the development or sale of the school/park site for any other
use, the Petitioner will grant a first right of refusal to Mecklenburg County for the
purchase of the site. Thereafter, the Petitioner will be free to use the reserved area
for another institutional use or any retail, office, or residential use otherwise
permitted in the MX-2 district so long as the total floor area or unit number for any
such uses do not exceed the total floor area or unit count established for the Town
Center portion of the site and that the area devoted to non-residential uses in the
Town Center does not exceed the acreage limit imposed by the standards of the MX-
2 district and the conditions of this plan.
12. The Petitioner reserves the right to transfer residential units from the southern portion
of the site (below Studman Branch) to the Town Center portion of the site provided
that the total number of units does not exceed the cumulative total for the MX-3
district and further provided that the densities of development resulting from any such
transfer do not exceed that which is allowed in the MX-3 district.
13. No wall packs will be installed on buildings within the site on any walls that are
adjacent to residentially zoned land or public street rights-of-way. All dumpsters on
the site will be screened with a solid enclosure with gates. The golf practice range to
be located on the site will not be lighted for night practice and all facilities for the
maintenance of equipment for the golf course operations will be located at least 100'
away from the property line of any existing residential uses.
14. Access to the site will be provided by numerous connections to existing streets and to
the newly constructed streets within the site as generally depicted on the site plan. All
driveway and street connections are subject to approval by N.C.DOT, Mecklenburg
County, or CDOT depending on the jurisdiction. The number of access points to NC
49 will be limited to five and the configuration of those access points will be
consistent with the approved plans for the improvements presently under construction
by NCDOT. The Petitioner reserves the right to petition for the abandonment of
existing streets and street rights-of-way within the site. However, the Petitioner will
assure that access that is presently being provided to other properties in the area by
virtue of any of the streets that may be proposed for abandonment will be maintained
or improved by streets that the Petitioner will construct as part of this overall project.
All new streets will be built to standards approved by the appropriate governmental
jurisdiction and existing streets within the site and bordering the site will be improved
as required by Mecklenburg County ordinances, subject to the provisions of the
innovative development provisions of the Zoning Ordinance. The Petitioner will not
connect to or front development onto Rhinehill Rd. unless required by the Charlotte
Mecklenburg subdivision administrator to be in compliance with the standards of the
Subdivision Ordinance.
In accordance with the recommendations of the Draft Evergreen (Palisades) Traffic
Impact Analysis (TIA) prepared by Kubilins Transportation Group, Inc. dated
September 1999, the Petitioner will make the following specific transportation
improvements.
As outlined in the TIA, the Petitioner shall participate in the roadway
improvements indicated under Scenario 3 for year 2004.
Scenario 3 is in accordance with the current plans by NCDOT for the widening of
NC 49 that will include median openings at Shaherila Road and RiverPointe
Drive.
Subject to applicable engineering approvals, Petitioner agrees to the following to
provide adequate access to the development. Signalization (where noted) shall be
approved by NCDOT and participated in by the Petitioner:
o NC 49 and Shaherila Road
¦ Signalization of the intersection
¦ Eastbound NC 49 right turn lane with 150 feet of storage and
applicable bay taper
o NC 49 and RiverPointe Drive -Palisades Parkway
¦ Signalization of the intersection
6
¦ Eastbound NC 49 right turn lane with 180 feet of storage and
applicable bay taper
¦ Westbound NC 49 dual left turn lanes with a total of 800 feet of
storage and applicable bay taper and 45:1 through lane taper
• Construction of Palisades Parkway in accordance with NCDOT's
Traditional Neighborhood Development Street Design Guidelines
following the Parkway standard in the area of its intersection with
NC 49
In addition to the specific improvements noted above, the Petitioner commits to
participate in other improvements as follows:
The Petitioner will contribute $37,500.00 to NCDOT for improvements to
Youngblood Rd. at the time that those improvements are scheduled for
construction.
The Petitioner will provide funding for 50% of the cost of a traffic signal to be
installed when warranted by the appropriate transportation authority at the
intersection of NC 49 and Shaherlia Rd. In addition, the Petitioner will construct
a second left turn lane at that intersection at the time that the signal is installed. If
no signal is to be installed, then the Petitioner will be relieved of the funding
commitment, but will still be required to construct a southbound left turn lane at a
location to be determined in the future by the appropriate transportation authority
between the Buster Boyd Bridge and NC 160.
The Petitioner will contribute to NCDOT a total of $35,000.00 toward the cost of
traffic signals, when warranted, at the intersections of Youngblood Rd. and Zoar
Rd. and Youngblood Rd. and Hamilton Rd. at the time that those traffic signals
are scheduled for installation.
The Petitioner will reserve for dedication to NCDOT, additional right-of-way
along the south side of NC 49 so as to provide for a total right-of-way width of
75' from the centerline established by the current widening plan for NC 49, such
dedication to occur at such time as NCDOT funds a project to widen NC 49 along
the Petitioner's site to a 6 lane (exclusive of turn lanes) highway.
The Petitioner will construct a collector street to serve the site from NC 49 to
Youngblood Rd. The street network for the site beyond that point will provide
equal or improved access to all existing properties that adjoin the Petitioner's site
that currently have access across the Petitioner's site and will connect to other
existing streets in the area consistent with current land development policies and
ordinances.
It is recognized that the exact development timetable for the site and the various uses on
the site, as well as transportation improvements on and off of the site, are dependent on .
numerous factors, some of which are beyond the control of the Petitioner. Therefore,
transportation improvements will be tied to the development of the site based on trip
generation as set forth below. Trip generation will be determined based on the ITE Trip
Generation Manual, Edition 6 for all types of trips except residential and the Charlotte-
Mecklenburg Residential Trip Generation Table for residential uses.
7
Development may occur on the site that would generate up to 15,000 daily trips
based on the completion of the infrastructure improvements listed above,
regardless of the actual date that the development might occur.
Additional development may occur on the site after the completion of the
improvements noted above that would generate an additional 15,000 daily trips
with no additional improvements required to be installed by the Petitioner other
than those normally installed on the site as part of the normal development
process.
Prior to any development on the site that would increase daily trip generation over
30,000 daily trips, one of the following conditions must be met:
o The off site improvements listed on Attachment A which is included with
these notes, must be installed by the Petitioner or have been installed by
others, or
o The Petitioner, at the Petitioner's option, may provide an updated traffic
analysis that more accurately reflects conditions and proportional impacts
for the additional development on the Petitioner's site vis-a-vis the area-
wide conditions, other development, transportation plans, and
transportation network that exist at that time.
15. The Petitioner will construct a street network with appropriate collector and other
streets, all of which will be reviewed as part of the normal subdivision process, and
may apply for variations from the standard street standards through the innovative
development process, subject to the provisions of the special MCDEP notes below.
16. The Petitioner will, at a minimum, comply with the Lower Lake Wylie Watershed
regulations. In accordance with watershed regulations, the Petitioner reserves the
right to utilize either or both of the low density and/or the high-density watershed
development standards. In that light, the Petitioner reserves the right to utilize
individual site or larger area-wide storm water detention and management facilities,
ponds, BMP's, extended wetland detention, and related facilities, subject to the
provisions of the special MCDEP notes below.
17. A pedestrian, equestrian, and bicycle network to connect the various elements within
the site will be developed as the various site elements are constructed. Linkages will
be established to connect buildings and uses on the site to this network. In an effort
to reduce impervious area in the watershed, the Petitioner may propose the
substitution of unpaved pathways in place of paved sidewalks. Subject to approval by
NCDOT, the Petitioner will construct a 5' wide sidewalk along the frontage of the
site along the south side of NC 49 if sidewalk is not constructed as part of the
NCDOT NC 49 project.
Open space areas depicted on the site plan represent the approximate location and
extent of the areas set aside to meet the open space requirement of the district. The
exact location and extent of the open space areas will be determined through the
detailed design and subsequent administrative review of development plans. The
open space areas will be developed with a combination of active and passive
recreation areas, trails, pathways, and other amenities consistent with the purpose and
provisions of this Petition. Further, the area devoted to open space will not be
reduced through the Innovative Review process.
18. The Petitioner, in accordance with the provisions of Section 11.208, "Innovative
Development Standards", may propose modifications to the following standards:
• Street right-of-way widths,
• Street type and construction standards,
• Minimum lot size,
• Setbacks and yards,
Off street parking, and
• Lot width.
Specifically, in an effort to minimize the amount of impervious area within the watershed
area, the Petitioner will proposes a network of linkages that may include any combination
of sidewalks, trails, bicycle, and equestrian facilities to link various portions of the site.
These alternate linkages will be designed to provide necessary connections within the
site, even if traditional street-side sidewalks are not installed in certain areas. The
Petitioner acknowledges that the Innovative process is a separate process that may be
pursued after the rezoning has been approved.
19. In view of the location of this site in the Lake Wylie watershed, it is the Petitioner's
intent that the site will be served with public water and sewer.
20. Any single family lot that has a rear yard relationship with any existing residential use
that is located outside of the Petitioner's site will have a minimum rear yard of at least
35'.
21. The following section contains specific additional standards relating to the
development of the site within the Lake Wylie watershed area that have been
reviewed and approved by MCDEP on 12/07/01.
1. The Proposed development is within the Critical Area as defined in Mecklenburg
County's Lower Lake Wylie Watershed Protection Ordinance.
2. The proposed development shall utilize CMUD pump stations. If pump stations
are required in close proximity to the lake, they shall be equipped with the
following protection devises: on-site generator with weekly automatic exerciser,
audible and visible high water alarms, high water auto dialer, power serge
protection and lightening protection and 24-hour storage capacity.
The proposed development shall implement the following erosion control
measures in addition to those required by current ordinances: inlet protection,
double silt fences, two stage sediment basins with outlet wiers sized for a 50-year
storm event, single family lot erosion control measures, sediment basins and other
sediment reduction devices left in operation until construction activities with the
9
development are completed and stabilizes (basin storage may be reduced based on
the remaining disturbed acreage), development and implementation of an erosion
control maintenance plan to be strictly enforced by the project developer.
4. Reasonable efforts shall be made to limit the size of developed areas denuded
within each sub-basin area at any one time. The project developer shall phase the
grading and land disturbing activities within the residential portion of the
development in a manner not to exceed fifty (50) acres of denuded area within
any sub-basin. The golf course and parkway construction shall be excluded from
this requirement. Stabilization shall occur as soon as feasible.
5. The impervious area calculations for determining compliance with the 50%
maximum impervious area allowed under the high density option shall be
computed utilizing 8 sub-watersheds within the proposed development as
approved by MCDEP. BMP's shall be required for all watersheds that exceed
20% impervious cover. However, open space on the property labeled, as "Lake
Wylie Baptist Church" on the site plan, will not be used in determining
impervious area calculations for any other portion of the site. Impervious area
calculations for the Lake Wylie Baptist Church property will be determined solely
with respect to the built-upon area and open space located or to be located on the
church property.
6. The golf course shall develop a maintenance plan which minimizes the use of
herbicides and fertilizers in order to reduce negative impacts to surface waters.
The maintenance plan shall be provided to MCDEP prior to operation of the golf
course. The maintenance plan shall include the following:
Buffer Zones:
a) The proposed golf course within the development shall maintain a 100'
undisturbed buffer from the lake in all locations and shall comply with all
Watershed and S.W.I.M. Stream Buffer requirements.
b) No fertilizers or pesticides are to be applied in any of the buffer zones.
C) The golf course storm drainage shall be designed such that there are no
direct discharges of storm water into the lake or SWIM/ Watershed
streams.
Irrigation Management Plan:
d) An irrigation plan shall be developed to ensure that irrigation runoff from
managed turf grass to surface waters is prevented and to reduce subsurface
losses of nutrients and pesticides. This plan shall be based on a water
budget, weather conditions and soil moisture data obtained from on-site
instrumentation.
e) Water Quality Management Zones shall be established by the golf course
based on turf, plant type and soils, with specific strategies developed for
each zone.
Nutrient Management Plan:
f) A nutrient management plan must be developed to limit nutrient applications
to levels equal to or less than turf grass and vegetation nutrient uptake in
10
order to minimize nutrient transportation via surface runoff, subsurface
interflow, or deep percolation.
g) Slow release fertilizers are to be used predominately to reduce nitrogen loss
below the root zone. Occasional spot application of liquid fertilizers shall
be allowed.
h) Fertilizer applications are to be commensurate with turf grass growth
requirements based on species and cultivar, climate, soil conditions, and
chemical formulation.
i) Water Quality Management Zones shall be established by the golf course
based on soils, turf and plant cover goals, and level of use in order to plan
fertilizer and irrigation applications.
J) Nutrient applications are not to exceed turf and plant uptake requirements
during any growing season.
k) Chemical applications are not to occur on bare soils, except during
establishment of turf grass on the golf course.
1) Fertilizers are to be incorporated into the soil/turf wherever possible to reduce
exposure to runoff and enhance adsorption.
m) Nutrient uptake shall be maximized through the selection of realistic turf grass
goals, selection of application rates to meet goals, and the use of soil and
tissue tests to direct application rates.
n) The potential for off-site transport of nutrients must be assessed prior to
application and measures must be taken to prevent negative water quality
impacts.
Integrated Pest Management (IPM)
o) An IPM Plan shall be developed to minimize toxic chemical transport via
surface water runoff, subsurface interflow, or deep percolation.
p) The IPM Plan shall be integrated with irrigation and nutrient management
plans.
q) Action thresholds shall be developed and implemented below which no
applications are used in order to reduce pesticide use.
r) Pest specific products are to be used which are less toxic, less mobile, and less
persistent.
s) Water Quality Management Zones shall be established by the golf course
based on soils, turf and plant cover goals, and level of use in order to plan
pesticide applications.
t) Spot specific treatment shall be used wherever possible to avoid broadcast
treatments.
u) Pesticides should be incorporated into the soil/ turf wherever possible to
reduce exposure to runoff and enhance adsorption.
v) Application of toxic chemicals shall be prohibited in sensitive zones such as
wetlands.
w) The potential for off-site transport of pesticides shall be assessed prior to
application and measures must be taken to prevent negative water quality
impacts.
7. The project developer shall perform the ambient and storm water quality
monitoring necessary to establish base line measurements in the eight (8) affected
11
coves for the following parameters: temperature, pH, conductivity, secchi depth,
total phosphorus, total nitrogen, orthophosphorus, TKN, NH3, NO3, NO2, total
suspended solids, turbidity, chlorophyll a, fecal coliform, pesticides, herbicides,
and dissolved oxygen. MCDEP must evaluate and approve all monitoring site
locations in each sub-basin as well as monitoring protocols. MCDEP will also
evaluate hydrologic conditions and channel stability at the site. This base line
data will be used in the development of the water quality model discussed in 11
below. Ongoing monitoring will be performed by the developer as discussed in
number 11 below to assess and evaluate compliance with water quality targets
established by MCDEP.
8. The project developer shall provide to MCDEP measurements of sediment levels
in the coves identified for each sub-basin at a maximum of 90 days prior to
initiation of land disturbing activities and annually thereafter until no later than
one year after construction activities have been completed in each of the sub-
basins. MCDEP shall work with the developer in the selection of monitoring site
locations and the development of required monitoring protocols.
9. The project developer shall employ an enforcement officer to monitor compliance
with erosion control, buffer and watershed protection requirements as well as the
requirements specified as part of the rezoning approval. The enforcement officer
shall be empowered to take the actions necessary to ensure the prompt correction
of all problems detected.
10. The project developer shall require all on-site contractors and sub-contractors to
take approved MCDEP training program, i.e., EnviroSense, to include
information concerning specific water quality concerns and the measures
necessary to prevent water quality problems.
11. The developer shall complete a watershed management plan for the entire project
by sub-basin using a water quality model as the primary tool in the development
of the plan. The water quality model to be used for the development must be
approved by MCDEP and all water quality targets will be set by MCDEP after
baseline data has been collected and the model has been run. The goal of the
watershed management plan and MCDEP water quality targets will be to ensure
compliance with all applicable water quality standards and MCDEP action levels
as well as conformance with designated uses established in the North Carolina
Administrative Code. In addition, the plan and targets will ensure that all
downstream waters are suitable for aquatic life propagation and maintenance of
biological integrity and wildlife. The plan will contain designs for the structural
and nonstructural best management practices (BMPs) based on best available
technology for use within the development to ensure that all water quality goals
are achieved and that concentrations of pollutants do not exceed MCDEP water
quality targets. Where practical, the developer will also incorporate into the
watershed management plan the development principles for reducing impervious
cover contained in the Center for Watershed Protection publication (August 1998)
entitled "Better Site Design for Changing Development Practices in Your
Community." The watershed management plan and water quality targets must be
12
approved by MCDEP prior to the developer receiving any grading permits for the
project and all site development must be performed in strict accordance with this
plan. MCDEP shall have the authority to approve innovative erosion control and
BMP devices proposed by the developer in order to meet established water quality
targets. The project developer will establish an organization for the common
maintenance of all BMPs. The developer will perform water quality monitoring
for the parameters specified in #7 above in each sub-basin at a minimum of twice
a year throughout project construction and up to three (3) years following
completion for the purpose of determining the effectiveness of the watershed
management plan and water quality model at protecting water quality. Water
quality monitoring reports will be submitted to MCDEP for review and approval
within four (4) weeks following the completion of biannual monitoring activities.
If monitoring data indicates that watershed management plans are not effective at
achieving established water quality targets and goals, then the watershed
management plans will be revised as approved by MCDEP to protect water
quality conditions in the coves and ensure compliance with all established water
quality targets and goals.
12. The project developer shall be required to utilize a NCDOT approved "ditch type"
street section through-out the development in areas where street patterns are
connecting to existing "ditch type" streets and roadways within the development
without residential or commercial driveway access. Sidewalks shall be required
on one side of "ditch type" streets with the other side to be utilized for equestrian
and hiking trails. All natural trails/paths adjacent to streets will be covered with a
stabilizing ground cover to prevent erosion, such as mulch. Any of the foregoing
provisions that depart from standard development regulations must be approved
under the Innovative Development provisions of the Mecklenburg County Zoning
Ordinance. (street cross sections attached)
13. The project developer shall evaluate the downstream offsite drainage system and
control the stormwater runoff from the site during and after construction to
prevent associated damage to downstream properties.
14. A 100 linear foot Watershed Buffer shall be maintained throughout the
development in all locations adjacent to the lake's edge. In those areas where the
Watershed Ordinance would require a buffer greater than 100 feet, then the larger
buffer requirement will control.
15. The project developer shall re-vegetate the 100 linear foot Watershed Buffer in
two locations as indicated on a map per MCDEP recommendations.
16. Energy dissipation devices at all storm water outfalls will be sufficient to prevent
erosion within the buffer.
17. The developer proposes the use of low-pressure sewer systems at various
locations on the project. These systems require smaller lift stations on individual
lots. These individual lift stations shall be maintained under a common written
agreement with a contractor who can respond to service calls within twenty-four
13
(24) hours. Each lift station shall be equipped with audible and visual alarms and
the maintenance provider's name and phone number prominently displayed.
Throughout this Rezoning Petition, the terms "Petitioner", "Petitioners," "Project
Developer", will be deemed to include the heirs, devisees, personal representatives,
successors in interest and assignees of the owner or owners of the Site who may be
involved in its development from time to time.
7/23/01 Initial submission
9/21 /01 Revisions per Planning Staff Comments
11/08/01 Revisions per Community and Staff Comments
12/11/01 Revisions for BOCC consideration.
02/11/02 Corrections to vesting language, addition of tree notes.
14

FINAL DESIGN OF ROAD CROSSINGS WILL BE
DESIGNED IN ACCORDANCE WITH THE FOLLOWING
FEDERAL AND STATE CONDITIONS
e. For all NWPs that involve the construction of culverts, measures will be included
in the construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
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bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent, of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.

3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
a. Natural channel design must be applied to the maximum extent practicable for
stream relocations. The N.C. Wildlife Resources Commission and the N.C. Division of Water
Quality provides Guidelines that are available to assist in the planning and design.
b. Bank-full flows (or less) shall be accommodated through maintenance of the
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existing bank-full channel cross sectional area Additional culverts at such crossings shall be
allowed only to receive flows exceeding bank-full.
c. Flows exceeding bank-full shall be accommodated by installing culverts at the
floodpiain elevation where adjacent floodplain is available.
d. NWP 14 cannot be used for private projects located in tidal waters or tidal wetlands.
e. The activities associated with NWP 14 require a pre-construction notification if they
will result in the loss of greater than 150 total linear feet of perennial stceambed or intermittent
stream that exhibits important aquatic function(s).
AppmoachFill 8oa?y
Elevation
9. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless
it can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bon,ouiless arch culverts and other structures mrhuhng
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equal brium shall be maintained if requested to do so in
writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed
across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be
provided to maintain the natural hydrology of the system as well as prevent constriction of th°
floodway that may result in aggradation, degradation or significant changes in hydrology of
streams or wetlands;
E
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Phillip M. Hayes, Crescent Resources
PO Box 1003
Charlotte, NC 28201-1003
A. Signature
X?r "'?. j r R. n i 4.i.: .?i:, ? Agent
? Addressei
B. Received by (Printed Name) C. Date of Deliver.
?E M03
D. Is delivery address different from item 1 ? ? Yes
H YES, enter delivery address below: ? No
DWQ 02-1886 ? r lC I. n 1
3. Seryiice Type
[Tcertified Mail ? Ex ress Mail
? Registered L tum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
?. Article Number
(Transfer from service label)
'S Form 3811, August 2001 Domestic Return Receipt
7002 2410 0003 0275 0386
2ACPRI-03-Z-09