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HomeMy WebLinkAbout20191548 Ver 1_RESPONSE RE SAW 2018-01925_20200224Strickland, Bev From: Paul M. Stephens IV, E.I., PWS <PStephens@ecslimited.com> Sent: Monday, February 24, 2020 8:57 AM To: Johnson, Alan; David.l.shaeffer@usace.army.mil Cc: Brandon Fulton, LSS, PSC, PWS Subject: Re: [External] RE: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 Attachments: Mallard Creek - Additional Information Response 2-merged-compressed.pdf • ' External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to ELort.spam@nc.gov Alan & David, Hope that you had a great weekend. Please see the attached response for the last email requests for additional information. Once you get a chance to review, be sure to let us know if you have any questions or need anything further. Thank you, From: Paul M. Stephens IV, E.I., PWS Sent: Monday, February 3, 2020 10:37 AM To: Johnson, Alan; David. l.shaeffer@usace.army.miI Cc: Brandon Fulton, LSS, PSC, PWS; David E. Valentine, PWS, REM Subject: RE: [External] RE: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 Alan, Avoidance and Minimization principles have been reviewed throughout the course of the project, and have been a considered a high value item on the list for the development. We appreciate the feedback and have taken it back to the engineers and developers for consideration. We are in the process of preparing a formal response to you and David's comments from previous email correspondence. Thank you, PAUL M. STEPHENS IV, E.I., PWS I Environmental Project Manager ECS SOUTHEAST, LLP T 843.654.4448 1 D 843.284.7823 1 C 843.670.8821 www.ecslimited.com Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Johnson, Alan [mailto:alan.johnson@ncdenr.gov] Sent: Monday, February 3, 2020 9:49 AM To: Paul M. Stephens IV, E.I., PWS; David.I.shaeffer@usace.army.mil Cc: Brandon Fulton, LSS, PSC, PWS; David E. Valentine, PWS, REM Subject: RE: [External] RE: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 I received your comments regarding how the development worked with the city to obtain their zoning request, but it seems all that work was conducted prior to having the discussion with the agencies regarding avoidance/minimization. Thanks Alan From: Paul M. Stephens IV, E.I., PWS [mailto:Pstephens@ecslimited.com] Sent: Wednesday, January 22, 2020 12:26 PM To: Johnson, Alan <alan.iohnson@ncdenr.gov>; David.l.shaeffer@usace.army.mil Cc: Brandon Fulton, LSS, PSC, PWS <BFulton@ecslimited.com>; David E. Valentine, PWS, REM <DValentine@ecslimited.com> Subject: RE: [External] RE: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 • External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to re am@nc.gov David & Alan, Hope that all is well. I wanted to provide a quick update for the site based on the David's initial comments on the permit application on November 20, 2019. We revisited the site to review the additional area where the proposed Kings Grant Drive will be constructed, but is not included in the current JD letter. This area was high and dry, and ECS did not observe potentially jurisdictional waters during our site visit. Please let us know what you need data -wise for this area to continue the permit application review. Thank you, PAUL M. STEPHENS IV, E.I., PWS I Environmental Project Manager ECS SOUTHEAST, LLP T 843.654.4448 1 D 843.284.7823 1 C 843.670.8821 www.ecslimited.com Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Paul M. Stephens IV, E.I., PWS Sent: Monday, January 13, 2020 8:58 AM To: 'Johnson, Alan' Cc: David. l.shaeffer@usace.army.mil; BFulton (BFulton@ecslimited.com) Subject: RE: [External] RE: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 Alan, Hope you had a great weekend. Please see the attached picture of the stream proposed for impacts as requested. Also, we sent the designers and engineers your comments below for discussion points. Please see the attached site plans. Following rezoning approvals, the attached site plan shows how the development has been adjusted and redesigned. This includes dropping 6 additional units and shifting some of the buildings and infrastructure towards the northern portions of the site. Following zoning and stormwater approvals, a stormwater retention pond was re -located to the northeastern portion of the site. By moving the stormwater retention pond, every bit of useable space in this area was utilized as agreed upon with Duke Energy Transmission and City of Charlotte Engineering. The open space/amenity areas that were referenced below were direct requests and commitments of the rezoning approvals by the City of Charlotte. Therefore, these areas are non-negotiable and need to stay in place. These areas have been reserved for uses such as potential dog parks, plaza/seating, park areas, etc. for pedestrian neighborhood use. City mandated buffers are also being coordinated with the City Stormwater department and a replanting plan is being put in place. Nearly the entirety of the northern portion of the site, not being developed, will be planted with new trees and along the stream riparian areas. Thank you, From: Johnson, Alan[mailto:alan.iohnson@ncdenr.gov] Sent: Wednesday, January 8, 2020 4:34 PM To: Paul M. Stephens IV, E.I., PWS Cc: David.l.shaeffer@usace.army.mil Subject: RE: [External] RE: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 I believe your are referencing this. This is a very general statement. Unfortunately, I am not clear if the the fill is till proposed or if a retaining is being constructed. If the latter, please provide the new site plan showing the retaining wall. Thanks... See below. Avoidance & Minimization. Based on the preliminary development plan and analysis by the builder team, the approve( allows 18townhome units. Due to site engineering, grading, extent of jurisdictional w. additional analysis, a reduction in the amount of proposed townhomes on site have been red: current site plan currently proposed 180 to► nhome units, fri order to minimize overall site irr maintain grades of the proposed to►+vnhomes at a higher elevation, a retaining wall is proposed 1 of the site. As further emphasis on minimization of impacts, the retaining wall limits have he away from the jurisdictional streams and the Fetaining wall heights have been increasied to firr to the jurisdictional waters and buffers down -gradient. Any other adjustments to dec development in the impact area will have a significant impact in density and overall function from a development and approved rezoning perspective. The removal of two lot or possibly one with potential relocation of the channel doesn't seem unreasonable. Also there is an amenity area and open area shown on the plan that could be swapped an this area used as an open area. 3 4G (T4T•)�� '� LA OwQKMA9y � ylw F tea+ F aNw .AMJ U"h CIO UXL txti a �+:K �e utiy;pttnj fiR� ' TQ TiiL ISTMEuM C okYU 11 OIn- Y I M Lf "T[ t 16 Sr ( MT ABC) 0 14PW VAPPAC T 1 E Lf Of $t1�i1W _ T � �4* 5F (a("I AC) to C7 (An CO P+MOPOM SO' PH= PL"D MCId DCLPCArM SWAM LIOTS• SU WATER *J&JtT KJFF VST ROAMCE APPUCAP M1 fOR MAL NPACT WTS & AUJM O V L.r i 1" LF # STRCAY TO SE MLED "1 7 ,*1* AC) 1 p 6 CY OF MLPACT 441 (f} PUFFM TO i Pf GRC •� STY 5lOw.t(91d1' s qF f There appears some adjustment could be made to avoid impact? ..r•w aOw 4 a.�r Aw nor + �r .YAK Yi 1j •tom -av'.X kk .,- 14q MaE a ,.� :;, - * ter. •s 74 IL �4TF �: �y'SylR ' { L Y1 11 F J I y 01 �9 PePI i 4' # }-� •may+ r.►S 51 � � }k� � 4 From: Paul M. Stephens IV, E.I., PWS [mailto:PStephens@ecslimited.com] Sent: Wednesday, January 8, 2020 4:03 PM To: Johnson, Alan <alan.iohnson@ncdenr.gov> Cc: David.I.shaeffer@usace.army.mil; Brandon Fulton, LSS, PSC, PWS <BFulton@ecslimited.com>; David E. Valentine, PWS, REM <DValentine@ecslimited.com> Subject: [External] RE: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Alan, Hope that you're doing well. We had submitted a comment on this item in the attached email response to David Shaeffer on December 11, 2019. To my knowledge, we haven't provided photos of the stream but certainly can do so. Thank you, PAUL M. STEPHENS IV, E.I., PWS I Environmental Project Manager ECS SOUTHEAST, LLP T 843.654.4448 1 D 843.284.7823 1 C 843.670.8821 www.ecslimited.com Confidential/proprietary message/attachments. Delete message/attachments if not intended recipient. From: Johnson, Alan[mailto:alan.iohnson@ncdenr.gov] Sent: Monday, January 6, 2020 2:51 PM To: Paul M. Stephens IV, E.I., PWS Cc: David. l.shaeffer@usace.army.mil; Brandon Fulton, LSS, PSC, PWS Subject: FW: SAW 2018-01925, Mallard Crk Rd/ DWR 19-1548 Paul see below. Following up on earlier question regarding fill. I know it has been the holidays. Thanks alan From: Johnson, Alan Sent: Wednesday, December 11, 2019 1:02 PM To: Paul M. Stephens IV, E.I. <PStephens@ecslimited.com>; David.l.shaeffer@usace.army.mil Subject: SAW 2018-01925, Mallard Crk Rd Paul, do you have photos of the stream you want to fill. I have issues with filling stream for the placement of lots. Filling the headwater could have impacts on the stream's viability, thus having an indirect impact on the downstream viability. A The removal of a lot and possible minor stream relocation, may be the trick to avoid the impact. 5 don't have an issue with the road crossing and the minor bit of up gradient fill. But the remainder doesn't seem to comply with avoid and minimize. Thanks Alan DWR D s"n of Wmer Resources Alan D Johnson — Senior Environmental Specialist NC Dept. of Environment & Natural Resources (NCDENR) Division of Water Resources - Water Quality Regional Operations 610 East Center Ave., Suite 301, Mooresville, NC 28115 Phone: (704) 235-2200 Fax: (704) 663-6040 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. ------------------------------------------------------- This message has been analyzed by Deep Discovery Email Inspector. This message has been analyzed by Deep Discovery Email Inspector. This message has been analyzed by Deep Discovery Email Inspector. This message has been analyzed by Deep Discovery Email Inspector. This message has been analyzed by Deep Discovery Email Inspector. ------------------------------------------------------- This message has been analyzed by Deep Discovery Email Inspector. 6 Avoidance & Minimization: Based on the preliminary development plan and analysis by the builder team, the approved rezoning allows 186 townhome units. Due to site engineering, grading, extent of jurisdictional waters, and additional analysis, a reduction in the amount of proposed townhomes on site have been reduced. The current site plan currently proposed 180 townhome units. In order to minimize overall site impacts and maintain grades of the proposed townhomesat a higher elevation, a retaining wall is proposed to the rear of the site. As further emphasis on minimization of impacts, the retaining wall limits have been moved away from the jurisdictional streams and the retaining wall heights have been increased to limit impacts to the jurisdictional waters and buffers down -gradient. Any other adjustments to decrease the development in the impact area will have a significant impact in density and overall function of the site from a development and approved rezoning perspective. m7(VMl/) $•CTfMm vmrfe.°°° VICINITY MAP N75 \ 1 STREAM A AVG WIDTH: 4' 567 LF ONSITE 1,134 SF 1,.026 AC) \ \ \SSipN 4111 STREAM C AVG WIDTH: 3' 252 LF ONSITE / 756 SF (.017 AC) / STREAM B / / // AVG WIDTH: 3' , 27 LF ONSI(.001 ; // 81 SF (.001 AC)1117 / r f XJ • i ♦ PROPERTY LINE (TYP.) ` JJ\\ s♦ � �/ 4000 STREAM/WETLAND TABLE STREAM LABEL AREA LF STREAM A 0.026 AC 567 STREAM B 0.001 AC 27 dra DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wilkinson Blvd, Ste 200 Charlotte, NC 28208 70 343.0608 w .drgip.mm Q U) a _j U) LU c J o C a H Z Zc= DQ �ZZ 0 z O U J o U Df w �� a = Q Q C U 0 USACE# 20191548 EXISTING CONDITIONS 0 150 3000 SCALE: 1" = 300' PROJECT #: 598-014 DRAWN BY: WSM CHECKED BY: NB JANUARY 31, 2020 REVISIONS: #0i �j / STREAM C 0.017 AC 756 Copyright', 2019 Design Resource Group, PA Thls plan or drawing end any.—,,panying documents or calculations so, the property of Design Resource Gro,p, PA, end an: intendetl solely for the,,, of th, recipient noted. No thiol party use or—dification is penniff d with..t wniten authorization. SHEET 1 dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 Wilkinson Blvd, Ste 200 Chadotte, NC 28208 7 04.34 .0608 _ drgM.mm U) Q VJ Q J z W J o H /� (! J Z Q U Z �>N Q rp O z i O Wk Q LL J o U � w �2� 2Q= a 1- C U r USACE# 20191548 PROPOSED SITE PLAN AND 3TORMWATER PLAN 0 100 2000 VA SCALE: 1" = 200' PROJECT #: 598-014 DRAWN BY: WSM CHECKED BY: NB JANUARY 31, 2020 REVISIONS SHEET 2 Copyright 02019 Design Re source G—p, PA This plan or drawing antl any —ponying documents or calculations are the property of Design Resource Gmap,PA, antl are intend. solely for the use of the recipient noted. Nothint party use or modifice0on is permitted without wdden authorization. TREE PROTECTION FENCING (TYP.) i \ TREE SAVE AREA (TYP.) PROPERTY BOUNDARY Riprap (Class B) to be installed. Filter Fabric (MIRAFI 140N or similar) shall be secured on the slope prior to installing riprap. `\ STREAM C',� \ AVG WIDTH- 3' 252 LF ONSITE I 756 SF (.017 AC) STREAM C RIPRAP IMPACT f 13 LF OF STREAM SEE IMPACT TABLE THIS SHEET. (SEE RIPRAP EXHIBIT) i 4' WALKING TRAIL ' RETAINING WALL ri 50' UNDISTURBED PCSO BUFFER ' t so•- i IMPACT TABLE IMPACT LABEL IMPACT AREA VOLUME OF IMPACT LF XSTREAM C —FILL 447 SF (0.010 AC) 16.6 CY (447 CF) 149 STREAM C —RIPRAP 39 SF (0.001 AC) 1.4 CY (39 CF) 13 TOTAL 486 SF (0.011 AC) 18 CY (486 CF) 162 It \\ \ PROPOSED 50' PCSO BUFFER `-�� II FROM DELINEATED STREAM LIMITS. SEE WATER QUALITY \ I \ \ BUFFER DISTURBANCE APPLICATION FOR FINAL IMPACT LIMITS & ALLOWANCES dr DESIGN RESOURCE GROUP LANDSCAPE ARCHITECTURE CIVIL ENGINEERING TRANSPORTATION PLANNING 2459 WIN—, Blvd, Ste 200 Charlotte, NC 28208 704.343.0608 —drgrp.com � U) ¢ w Q J z W J ^ v I Of C Q z U Z M Z aN T 2 oa Z z 0> Lul �Qw J o U�g �a w �2� 0_ Q Q C U Q_ 0 USAGE# 20191548 RIPRAP IMPACT EXHIBIT 0 20 40 O SCALE: 1" = 40' PROJECT* 598-014 DRAWN BY: WSM CHECKED BY: INS JANUARY 31, 2020 REVISIONS: EXHIBIT Copyright 02019 Design Resource Group, PA This plan or drawing and any accompanying documents or calculations are the property of Design Resource Group, PA; and are intended solely for the use ofthe recipient noted. No third party use or modification is permitted without written authodza6on u MNW j VICINITY MAP O NOTE: THE STREAM BUFFER PRESERVATION AREA SHOWN IS TO BE PRESERVED IN PERPETUITY FOR COMPLIANCE WITH LOCAL STREAM BUFFER REGULATIONS. ANY DISTURBANCE OF THIS AREA MUST BE APPROVED BY CHARLOTTE—MECKLENBURG STORM WATER SERVICES. CTOTAL BUFFER DISTURBANCE AREA = 11,756 SF + 14,683 SF = 26,439 SF BUFFER DEDICATION AREA = 5,492 SF r REVEGETATED AREA = 18,108 SF L--J LEVEL 1 REVEGETATION (SEE NOTES ON SHEET 2 FOR REQUIREMENTS) REVEGETATION REQUIRED: 20,947/1,000 X 10 = 210 TREES REVEGETATION PROVIDED: 18,108/1,000 X 10 = 181 TREES (SEE TREE & GROUNDCOVER SELECTION ON SHEET 2) PAYMENT IN LIEU: $10.00/SQ FT = (26,439-5,492-15,108) X 10 _ $28,390 TREE PROTECTION FENCING W PSCO BUFFER LIMITS EXISTING +8' CALIPER TREES SURVEYED WITHIN BUFFER (TYP.) P 1r� I RETAINING WALL I 4' WALKING TRAIL REVEGETATED AREAS 50' PSCO BUFFER LIMITS BUFFER DISTURBANCE AREA TREE PROTECTION FENGNG (TYP.) BUFFER DEDICATION AREA =5,492 SF NOTE: THIS AREA IS NOT PART OF DEDICATED TREE SAVE PER SDRMF 2019-00075. EXISTING +6' CALIPER SURVEYED WITHIN BUFFER BUFFER DISTURBANCE AREA ' DUKE R/W dr \ `DESIGN RESOURCE \ GROUP 1 ,.xosvre rncxnE ne iw.`sE"wmA.�iw,. co q J a LU Q 4 J 0 Z>� a z p y5 N F � < w- LD �o o w W J D_V� Q a D_ O BMP AREA STREAM IMPACT LIMIT —T. 1 A EX. STREAM & BUFFER BUFFER IMPACT AREA REVEGETATION =14.683 SF EXHIBIT SUE: 1—W m� r\iEW vv PR ECT0 5 014 aMNU 31.2020 / xEwsarvs I_ EXISTING 50' PSCO BUFFER TO BE REMOVED