20000234 Ver 1_COMPLETE FILE_20000209

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Odell School Hwy Investment Traders, LLC kTJxh?FA
Mr. Bart Hopper
1 •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCE5
March 27, 2000
Mecklenburg County
DWQ Project # 000234
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
1518 East Third Street
Charlotte, NC 28204
Dear Mr. Hopper:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.3 acres of wetlands and 909 linear feet of streams for the purpose of developing a residential and
commercial area at Mill Creek in Mecklenburg County, as you described in your application dated February 9,
2000. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Numbers 3127, 3103 and 3108. These certifications allow you to use Nationwide Permit Numbers 3,
14 and 26 when the Corps of Engineers issues them. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and 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 this Certification
and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notify the state in
order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the
date of this letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwater management plan shall be approved for all
commercial development by this Office before the impacts specified in this Certification occur. The
stormwater management plan must include plans and specifications for stormwater management
facilities designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at
the subject site, the stormwater management facilities, as approved by this Office, must be
constructed and operational, and the stormwater plan, as approved by this Office, shall be
implemented. In particular, the day detention basin proposed at area #3 shall be converted to a wet
attention basin designed to remove 85% TSS.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 21Z .0402, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H
.0506(h), feet of restoration will be required. Until the Wetland Restoration Program receives and clears your check
(made payable to: DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment.
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
For accounting purposes, this Certification authorizes the fill of 909 feet of streams, in 030711 river and
subbasin and 329 linear feet of stream restoration are required. Please be aware that the Wetland
Restoration Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A
2R.0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone John Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Central Files
File copy
Ron Ferrell; Wetland Restoration Program
Todd St. John
Len Rindner
S' re
St vens
NORTH CAROLINA-DMSON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H.0500, Odell School Hwy Investment Trades, LLC has permission as
outline below for the purpose(s) of proposed Mill Creek development. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached cetification transmitttal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION Mill Creek
COUNTY: Mecklenburg
BASIN/SUBBASIN 030711
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 and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r.0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
329 linear feet of stream channel
(other)
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 2R.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 RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
WETLANDS RESTORATION PROGRAM
DMSON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Date
State of North Carolina 1R1?WA
Department of Environment IT
and Natural Resources •
Division of Water Quality
James B. Hunt, Jr., Governor NC ENR
Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
7000
Cotmty
'- DWQ Pft>jec(# _?3?
A\ 5CWu?-???es1 U?
APPROVAL of 401 Water Quality Certification and ADDITIONAL, CONDITIONS, WRP
? A °?? d? csD?
Dear Mr. e
1
\p, You have our approval, in accorda /,-,ththe attached co diti ms and those lis d below, to place fill mtrial in 0 acres of wetlands and near feet of strea s fo the purpose of at M, I WA
m? County, as you described in your application dat d 2000. After reviewing your
application, we have decided that this fill is covered by General ater Quality Certification NumbetS tk"> ?3?d Tl?rtificatio*alloWIFyou to use Nationwide Permit Number - when the Corps of Engineers issues addition, you should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and 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 this Certification
and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
_H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and
any additional conditions listed below.
I . Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notify the state in
order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the
date of this letter or the issuance of the 404 Permit (whichever is later). ?ynYM? U?
2. An additional condition is that a final, written stormwater management plan shall he approve y this
Office before the impacts specified in this Certification occur. The stormwater management plan
must include plans and specifications for stormwater management facilities designed to remove 85%
I'SS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. Also, before any permanent huilding is occupied at the subject site, the stronnvater
management facilities, as approved by this Office, must he consnRucted and operational, and the
stormwater plan, as approved by this Office, shall he implemented.
We understand that you have chosen to contribute to the Wetland Restoration Pr am in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, t is contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h). Accord g to 15A NCAC 2H
0506(h), feet of restoration will be required. Until the Wetland Restoration Program recei es and clears your check
(made payable to: DENR - Wetland Restoration Program), wetland or stream fill shall not t ccur. Mr. Ron Ferrell
should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the We land Restoration
Program. You have one month from the date of this Certification to make this payment. F r accounting purposes,
Division of Water Quality Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FA # 733-9959
Y? ek OC?_
An Equal Opportunity Affirmative Action Employer 50% recyy?clledd/1000 / ost c nsumer paper
dyll( 0y\,
(_01A W
v` Nn_'? ..n n in nn'.,,D Qf-0. .7--c C-
() ID
this Certification authorizes the till of- a .
?ri{?trt' feet of streams, in river and subbasin and r
a d 14OWlinear feet of stream
restoration are required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-quarter acre increments (15A 211 .0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final
and hinding 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 Amy questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Attachment
c. Cor of Engineers Field Office
t DvM5JV `e DWQ Regional Office
File copy
Central Files
Ron Ferrell; Wetland Restoration Program
Todd St. John
?", V? V-9^
Kerr T. Stevens
I s-?
o? << ,
lug
NORTH CAROLINA DIVI N OF WATER QUALITY
401 WATER QUAL CERTIFICATION
SUMMARY OF PERMITTED IMP TS AND MITIGATION REQUIREMENTS
In acco /dance with 15A NCAC 214.0500, has permission as outline below for the purposes)
of proposed . All activities associated with these authorized impacts must he conducted with the
conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION _?` S p
COUNTY: eC
BASIN/SUBBASIN O 30 ?j
As required by 15A NCAC 211 .0506, and the conditions of this certification, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation ol'wetlands and surface waters
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r .0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
?q linear feet of stream channel
(other)
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 2R .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 RECEIVED 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]
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mill Creek, Odell School Hwy. Investment
Project Number 00 0234
Recvd From APP
Received Date 2/9/00
Recvd By Region
County Mecklenburg
County2
Region Mooresville
Project Type residential development
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
13 17 r C F- 30,711. 0.30 130.00 352.00
26 BLH OO Y O N
F__ F
F 14 I - O Y O N F-F-r-F-F-F-r- 147.00 •F-
Mitigation Wetland
MitigationType Type Acres Feet
S5
5 (9-d
V_ ,nL7 !1 , ,µ
Is Wetland Rating Sheet Attached? Q YO N Did you request more info? Q Y O N `R'py?u(`r ?`411Y`
ntQ
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N X55
Is Mitigation required? Q Y O N Recommendation: Q IssueO Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 352221 Longitude (ddmmss) 804412
Comments: woo
A`nnlic proposes to construct a mixed use development consisting of multi-family, single family,
anrd commercial establishments Three (3) Jurisdictional stream channels will be affected by the
development as well as a spr* ' ' ond_ Based on field observations, the applicant's wetland
Consultant correctly identified the mitigatable and non-mitigatabl - channels on th . sate_ No change
in the 1.1 mitigation ratio is recommended Mitigation by payment into the WRP is proposed for the
Impacts to the channels Based on site to.graphy, applicant appears to have made a reasonable
a, f'em1t at avoidance/minimization Of particular concern in the layout of this site is the location of
the pmppsed SW detention facility As shown on the site plan and detailed in the application
cc: Regional Office
Central Office
?z 00 "D (y5 rli?`??
sq?ce 4
/? /Page?Number_,1c, •/s .
Facility Name Mill Creek, Odell School Hwy. Investment County Mecklenburg
Project Number 00 0234 Regional Contact: Michael L Parker
Date:
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
PAYMENT
RECEIVED
Mill Creek
Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for

NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Odell School Highway
Investment Traders, LLC
1518 East Third Street
Charlotte, NC 28204
1-704-373-0303
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
Turnbull Design Group, PA.
Landscape Architecture - Land Planning
2108 South Boulevard, Suite 100
Charlotte, N.C. 28203
[phone]
*Subject to verification by the USACE & NCDWQ
Date : 1/00
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): T' z.,;o1 '!/
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY. ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : cow/ /-4/ hu1 . /n UCS knne4 4-
2. MAILING ADDRESS: 77-)Irci SYrzxn?i4
//???`l?,_ f? SUBDIVISION NAME: Z,,d.?
CITY: ?.r1/1-/O 7/C, STATE: !`? Z IP ODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
1-10 1/ CeZ4 .Lc.-
3. TELEPHONE NUMBER (HOME):
(WORK) : ,
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
4c4c
c. i Mr.
J. 81*4_ 4,
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGe'?q, 0 i ? IC
MAP OR AERI OTO PHY WITH SCALE) :
COUNTY: NEAREST TOWN OR CITY:
1
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
6. IMPACTED OR NEAREST STREAM/RIVER: or or yer
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL, SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II) ? YES [ ] NO [,-r IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ] NO [ ]
7c. IF THE PROJECT IS_LOCATED WITHIN P_ COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO ;.-? IF YES, PROVIDE ACTION I. D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
s
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2. S Z , 4c-r4C
2
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [--T' NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
; IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: t o A0 w4410-?k EXCAVATION:
t 4-q- "W010 lui x' 280 NwP !-G . Irk .ut r1 ?
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: • ?0
10b. (1) STREAM CHANNEL TO BE IMPACTED
RELOCATED, PROV E DIFTANG BOTH BEFORE
:LSD I
LENGTH BEFORE. FT
WIDTH BEFORE (SLtg-t on normal high watt:
WIDTH AFTER: G7
Aft
BY THE PROPOSED PROJECT (IF p
AND AFTER RELOCATION) o c?
o
AFTER: _ FT
t r
contours): f pj? FT
t &f
x 01
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, W T Ils THE $IZ}E.OF
W _ ERV D DRAINING TO THE POND?. //N?t/?/G''" ?
HAT IS THE EXPECTED P SURFACE AREA.
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: E 1/2" X 11" DRAWINGS
ONLY) :
13`..PPURPOSE OF ePRROPPOSED ?WORK:
,e' f
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS)

15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE:
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
'PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ ) NO ;-?e'(IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ J NO [ ) „
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ J NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4

IS. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL. MATERIAL
INTO WETLANDS:
a• WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT , 29, AND 38). ALL STREAMS (INTERMITTENT AND PERM NUMBERS 14, 18 21 26
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INC) ON THE 50 FEE Tv
INCH EQUALS 100 FEET OR THEIR EQUIVALENT, NCH EQUALS 50 FEET OR 1
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c • IF DELINEATION WAS PERFORMED BY A CONSULT NT
SHEETS RELEVANT TO THE PLACEMENT OF THE DE INCLUDE ALL DATA
d• ATTACH A LINEATION LINE.
COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
WHAT IS LAND USE OF SURROUNDING PROPERTY?

f
f• IF APPLICP_BLE, WHAT IS PROP
t-L ` A O_OSED`?METHOD OF SEWAGE DISPOSP.L?
ire A, 172, / ro
9• SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
IJOTv : WE TLAND S OR WATERS OF THE U. S.
1) ISSUANCE OF MAY NOT BE IMPACTED PRIOR TO:
?' A SECTIOi?t 404 CORPS OF ENGINEERS-PEP
2) EITHER THE I S SU?,NCE On WAIViR OF A 401 DIVISION OFT /
ENVIRONMENTAL MANAGEMENT (WATER 3) (IN T?? 2U,"'
ITY) CERTIFICATION, AND
NTY COASTAL COTjYTiES ONLY) A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MA.NAG^1•1EENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNEg_' S /A?- E14? ' s S I GNATURE
?t? /Krr•.,d ?
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g_))
O? 4 dZ?
DATE
5
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
January 26, 2000
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R. Domey
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Mill Creek 97 Acre Mixed Use Development. Mecklen burg County. North Carolina -
Nationwide Permit 426. #14. #3
Dear Sirs:
On behalf of my clients, Mr. J. Bart Bopper of Odell School Highway Investment Traders, LLC., I am
providing you with the following information concerning Mill Creek for your consideration. The project site
is located on former agricultural land near proposed I-485. The project is planned to be a mixed use
development consisting of multi-family, single family, and commercial areas. The project concept has been
locally approved through re-zoning procedures. In order to balance the site's economic viability with its
environmental value and permitability, the developer has planned the project to minimize impacts to
important streams and wetlands. Proposed impacts are those required to make required road crossings and.
to meet local detention requirements. The developer proposes to utilize the North Carolina Wetland
Restoration Program meet mitigation requirements for unavoidable impacts to streams and wetlands. A
Stormwater Management Plan will also be implemented for portions of the project that consist of
Commercial, Office, Corporate, and Business land uses. Stormwater management facilities will include
stormwater wet ponds, and/or other approved treatment facility. An existing pond is proposed to be
converted for use as a stormwater management facility.
SUMMARY OF WATERS OF THE U. S.
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.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 2, January 26, 2000
General Wetland Classification and Description
The wetlands and riparian areas on this site can be describe as Palustrine Forested Broad, Scrub/Shrub, and
Emergent Temporarily Flooded and Seasonally Flooded.
Vegetation
A majority of the site is former agricultural and woodland in various stages of succession. Except for the
immediate fringe along the pond edges, the wetland areas are generally forested.
Bottomland Hardwood/Headwater Forest
The Bottomland Hardwood and Headwater Forests on this site have developed in the flat to nearly level
drainageways and depressions. Species which occur in these areas include willow oak„ green ash,
sweetgum, red maple, and other typical species that tolerate these wet and shallow root conditions, Common
understory trees and shrubs include boxelder, silky dogwood, privet, and alder. Woody vines include poison
ivy, honeysuckle, and greenbriar. The herbaceous layer is variable based on exposure to light. Species
include sedge and rush species, jewelweed, microstegium, and others
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 sweetgum, red maple, beech, 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, American holly, dogwood, elm, and dense areas of privet and
russian olive. 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 .l US Department of the Interior, Fish and Wildlife Service.
Hydric Soils
Hvdric Soils
The site includes Monacan and. Helena soils. These soils are map units which may have inclusions of hydric
soils according to the Natural Resource Conservation Service), Technical Guide-Section II-A-2, June 1991.
Hydrology
Water Classification -
The drainage features are unnamed tributaries of the Rocky River in the Yadkin River Basin. These are
currently classified a Class C - aquatic He propagation and survival, fishing, wildlife, secondary recreation,
and agriculture. Wetland hydrology is provided by a surface runoff; overbank flooding, seeps, and. springs
over a clayey subsoil.
Wetlands associated with the tributaries are the result surface runoff, springs, high seasonal water table, and
man-made impoundments. The clayey subsoils contribute to the development of perched wetlands along the
tributaries. Most of the primary streams on the site (perennial and intermittent) will likely be confirmed as
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 3, January 26, 2000
having important aquatic value by the USACE and/or the NCDWQ. Characteristics include persistent pools,
riffle and pool complexes, fish, amphibians and macro-invertebrates; evidence of wildlife utilizing the stream;
and rocky, gravelly, and sandy channel substrate.
SUMMARY OFT 14 )1 'TI IN I WA OF THE 7 4
Surface Waters Streams with important aquatic function +1.25 acres
(± 4,700 If)
Streams with unimportant aquatic function ±0.05 acres
(± 2801f)
Wetlands PFOIA PSS1A ±0.22 acres
Pond P Hh +1.30 acres
Approximate Total - Waters of the U.S. ±2.82 acres
Approximately 88% of the jurisdictional streams will not be impacted by the proposed development.
Impacts to important streams are the minimized to necessary stream crossings and for required
storm water detention facilities. Large linear sections of stream will be preserved and remain undisturbed.
Unavoidable impacts to streams to make road, crossings will be mitigated at a minimum 1:1 ratio utilizing the
North Carolina Wetland Restoration Program as required. Riparian stream buffers have been provided to the
extent feasible, as depicted on the plans. A Stormwater Management Plan will also be implemented for
portions of the project that consist of Commercial, Office, Corporate, and Business land uses. Stormwater
management facilities will include stormwater ponds, and/or extended stormwater wetlands, if required.
PROPOSED IMPACTS
Surface Waters Streams with important aquatic function w/NWP #26 ±0.06 acres
(+48210
Streams with unimportant aquatic function w/NWP#26 ±0.02 acres
(±28010
Streams with important aquatic function w/NWP #14 ±0.02 acres
(± 1471f)
Wetlands PFOIA PSS1A ±0.20 acres
Approximate Total - Waters of the U.S. ±0.30 acres
One temporary construction crossing (at a proposed crossing location) will he constructed to.facilitate
clearing, and soil testing. Impact will he less than 150 linear feet.
Nationwide Permit 3 will he utilized to repair and upgrade the existing dam to convert the pond into a
stormwater treatment facility.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 4, January 26, 2000
The project has been designed through an alternative analysis to avoid and minimize impacts to Waters
of the United States to the extent practicable. Approximately 88% of the important jurisdictional
streams on this site have been avoided
PROPOSED MINIMIZA TION AND MITIGATION
A mitigation plan is proposed for a "no net loss" of wetland, stream, and pond habitat, value, and function
to the extent feasible on this site.
Avoidance- Minimization, and itiea ion
Due to the economic, engineering, and spatial requirements of a development of this magnitude, large
contiguous areas must be graded for building pads and site other requirements. However 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.
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.
mitigation plan is proposed for a. "no net loss" of stream habitat, value, and function to the extent feasible
i this site. UnKvoidable imnacts to streams by Qradinty are nronn%ed to he mitigated by huf'Pere
re required. Stream impacts by flooding will be mitigated by the protection of the remaining channels
the development of a forebay/ and. vegetated littoral zone in connection with the required detention
The remaining streams on the project site appear to be in excellent to good condition and will be protected.
by buffers to the extent feasible. To meet restoration mitigation requirements for the unavoidable
stream impacts, the developer is proposing to contribute $78,625 to the North Carolina Wetland
Restoration Program (629 If X $125/ If) to mitigate for stream impacts.
Mr. Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 5, January 26, 2000
STORMWATER MANAGEMENT PLAN
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements, if required. The Stormwater Management Plan will include wet
detention basins shall be the primary treatment system for stormwater runoff from paved surfaces and
landscaping on commercial, office, business, and. institutional parcels. The wet detention basins that will
attenuate the first inch of rainfall over a 24 hour period from most of the developed portions of the site.
Water will be released over a 2 to 5 day period to the wetland mitigation areas to increase filtration.
Discharge velocity of the outclass will be less than five cfs. They will utilize wetland mitigation areas to
increase filtration. A littoral zone/forebay will be incorporated into the design of the ponds to encourage
additional nutrient removal. The planners will utilize information and guidelines provided by the North
Carolina Department of Environment, Health, and Natural Resources in developing the design of wet
detention basins using the Table 1.1 in the Stormwater Best Management Practices, NCDENR, November,
1995.
AQUATIC HABITAT
The aquatic systems in the project area consist of riparian areas associated with tributaries. 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. Short term construction impacts, primarily stream sedimentation will
affect aquatic habitat, however this will be minimized to the extent practicable to promote rapid recovery.
Best Management Practices will include utilizing siltation trapping ponds and other erosion control
structures where appropriate. Impacts from hazardous materials and other toxins to fish and aquatic life
such as fuels will be avoided by not permitting staging areas to be located near surface waters. Also, as
required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live" or fresh
concrete from coming into contact with waters until the concrete has hardened. Aquatic resources are
expected to be enhanced through the development of the stormwater detention ponds and littoral zones.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Sehweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings.
Portions of the site are currently in old field succession and secondary succession. The site is forested and
characterized by heavy overgrowth in open areas including blackberry, honeysuckle, eleagnus, and
ligustrum. Other areas have been recently utilized for agricultural purposes. An evaluation of the site
indicated that Schweinitz's sunflower was not present in the -ject 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 are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
does not occur on this site.
Mr. Steve Chapin - USACE, Mr. John R. Domey, Mr. Mike Parker - NCDWQ
Page 6, January 26, 2000
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project vicinity. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and. a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). 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.
PROTECTION FROM FUTURE DEVELOPMENT
The preserved. jurisdictional waters will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. As required, development of these areas will be deed restricted
in accordance with restrictive covenants, or similar mechanisms which will be developed for approval by the
USACE and/or NCDWQ
CULTURAL RESOURCES
The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology
and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if
sites are indicated on the National Historic Register within the study area.
CONCLUSION
The 97 acre development will provide important economic benefits to the region. Based on the value of the
jurisdictional waters and wetlands on this site, the developer through sensitive site planning has chosen to
balance the site's economic viability with its environmental value and permitability. The goal of the Site Plan
and Mitigation Plan is to help balance the environmental consequences of this development by minimizing
impact to riparian habitat, preserving the Jurisdictional Waters of the U.S. remaining on the site, and
supporting stream restoration with the NCWRP. The undisturbed areas will be preserved by the applicant or
by a group designated by the owner for this purpose.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
NC Landscape Architect #578
cc: Mr. David Nelson
Ms. Sandy Turnbull
Mr. Todd Palmeter

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AREA # 1 STREAM IMPACT 130 FT AREA #4 STREAM IMPACT 147 FT
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AREA #2 STREAM IMPACT 110 FT
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AREA #3 STREAM IMPACT 65 FT
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AREA #5 STREAM IMPACT 56 FT
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AREA #6 STREAM IMPACT 121 FT
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TOTAL STREAM IMPACT 482 FT Z

WETLAND IMPACT AREA

LOCATION MAP Scale: 1 500'

MILL CREEK Date: 12/12/99
MECKLENBURG COUNTY, NC
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2106 South 8wiewro, Suite 100. Chariotte, North Car-oPno 28703

Phone: 7D4/529-6500 Fax: [phone]

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MILL CREEK Date: 12/12/99
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Job No.: 9848 Sheet No. 7
of 7

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
TO: John Dorney, DWQ
401 Certification Program ?1•?
FROM: Ron Linville, Regional Coordinat
Habitat Conservation Program
DATE: February 21, 2000
SUBJECT: Review of 404/401 Application, Odell School Highway Investment Traders, LLC,
unnamed tributary of Rocky River, Mecklenburg County
The applicant is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (NCWRC) to obtain a 404 Permit from the U.S. Army Corps of
Engineers and a 401 Certification from the Division of Water Quality. These comments are
provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.)
and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Impacts from this development will be 909 linear feet of stream and 0.20 acres of wetlands. A
payment of $78,625 to the NC Wetlands Restoration Program is proposed.
The North Carolina Wildlife Resources Commission (NCWRC) continues to be
concerned about the fragmentation and loss of forested areas or woodlands as development
occurs in areas near the City of Charlotte and in or near Mecklenburg County. Communities that
are designated as bird sanctuaries are causing irreparable harm to avian species by development
practices that destroy terrestrial and aquatic habitats. We appreciate the efforts to protect water
quality by providing stormwater detention and treatment. However, the NCWRC does not
encourage the utilization of existing waters or wetlands for water quality treatment facilities.
The NCWRC supports utilizing deed restrictions or restrictive covenants on the remaining
jurisdictional areas.

Mill Creek Odell Sch Hwy.doc. Page 2 02/21/00
We recommend that, whenever possible, the stream be relocated using bioengineering
methods and that a naturally forested buffer of at least 50 feet be provided on each side of the
relocated stream channel. Deed restrictions or conservation easements should be utilized to
protect habitats and water quality. State or local minimum buffers must be met. The stormwater
treatment pond should be built out of the stream. If this stream is located on a water supply
watershed and if it is perennial, the buffer requirements for high-density development is 100 feet
from the streambank edge. When impounding these waters, the buffer should extend from the
edge of the pond.
If stream relocation is not economically feasible or practicable, we recommend that the
wet detention facility include vegetated littoral shelves for aquatic edge habitat as routinely
required in 401 Certifications. Buttonbush, black willow, tag alder, wax myrtle and river birch
would be appropriate in this vicinity. Tag alder may not be appropriate in nutrient sensitive
watersheds. To restore biodiversity (especially avian and terrestrial habitats) and to enhance
aquatic/detritus habitats in the detention facility, we recommend that the applicant provide for
the restoration of tree and shrub species similar to those previously found on or near the site.
Native species such as wild cherry, hickory and oak may be preferred due to structural concerns
and wildlife benefits. These trees and shrubs should be planted around and on the upper third of
the detention structure, excluding the dam. When mature, this reforested and edge habitat should
restore some habitats and functions lost through development. It should partially restore aquatic
habitats, reduce exposure of the water surface to sunlight thereby reducing thermal pollution,
provide essential summer and winter forage and habitats, and provide an aesthetically pleasing
green space that should improve property values. Walking trails (6' maximum width) associated
with this environmentally enhanced detention facility could also provide recreational, health, and
educational benefits.
Instead of using the typical fescue grasses, the remaining portions of the structure should
be planted with warm season grasses or the following mix:
Spring/Summer Mixture, May 1 - Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30
Browntop millet 20 lbs/a Rye grain 120 lbs/a
Korean lespedeza* 20 lbs/a Korean lespedeza* 20 lbs/a
Shrub lespedeza 1 lb/a Shrub lespedeza 1 ib/a
Switchgrass 10 lb/a Partridge pea 10 lb/a
* On slopes less than 3:1 use Korean lespedeza
On slopes greater than 3:1 use Crown Vetch or Sericea lespedeza (not preferred)
Add one of the following to the above mixture
Crown Vetch 5 lbs/acre
Ladino Clover 5 lbs/acre Lime & fertilize disturbed areas according
Alfalfa 5 lbs/acre to NCRS soil test and recommendations.
(Note: Mowing should be limited to February I - April 1 and should only occur as needed to prevent tree
growth on the dam or other areas. Mowing on a 2-3 year schedule should suffice.)
Mill Creek Odell Sch Hwy.doc. Page 3 02/21/00
Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal
rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of
150 per acre around the normal water elevation and littoral shelf area. The following list of tree
species may assist in providing habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory Sumac White Oak Willow Oak Red Maple**
Swamp Chestnut Oak Viburnum Green Ash Ironwood Black Cherry
Water Oak Persimmon Silky Dogwood
Other species may be utilized depending on site requirements and availability. Pines* should not exceed
15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80%
success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not
be appropriate around detention facilities.
The above recommendations should be considered for the multiple benefits that they can
provide to the community and to the environment. Contributing to wider diversity of habitats
around detention facilities will elevate aquatic and terrestrial biodiversity as well as provide
multiple biological functions and benefits in urbanized settings. These areas may be limited in
size yet still function as small ecosystems that can support amphibians, lizards, mammals, and
birds. Initial costs for environmental enhancement of detention structures should not be
prohibitive and the long-term maintenance costs should be reduced, as constant mowing would
not be necessary in the naturalized areas. Initially, it may be advantageous to have basic
sketches and planting schedules submitted for review prior to implementation of these detention
facility enhancement practices. Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments, please contact me at 336/769-
9453.
Cc: Steve Chapin, U.S. Army Corps of Engineers
Mike Parker, DWQ-MRO
Leonard Rindner