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HomeMy WebLinkAbout20151170 Ver 2_401 Application_20180518C>)a 5' i Preliminary ORM Data Entry Fields for New Actions V" C, 1 SAW — 2015 - 02463 Prepare file folder 1-1 BEGIN DATE [Received Date]: Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Creek's Landing 2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 63d and 133e]: The purpose of this project is to develop approximately 135 acres of property into a single-family residential subdivision. 4. Property Owner/ Applicant [PCN Form A3 or A4]: Carolina Development Services; POC: Jonathan McCall 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Gregg Antemann, PWS 6. Related Action ID Number(s) [PCN Form 135b]: SAW -2015-02463, DWR 15-1170 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: South from the intersection of Weddington Road and Airport Road in Monroe, North Carolina 8. Project Location -Tax Parcel ID [PCN Form 61a]: 060-030-23, 060-060-12, and 060-030-15 9. Project Location —County [PCN Form A2b]: Union 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Monroe 11. Project Information — Nearest Waterbody [PCN Form 62a]: UTs to East Fork Twelve Mile Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: Catawba (HUC 03040103) Authorization: Section 10 F1 Section 404 a Section 10 & 404 1-1 Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 29 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ]Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) May 25, 2018 Mr. David Shaeffer U.S. Army Corps of Engineers Charlotte Regulatory Office 151 Patton Avenue Asheville, NC 28801 Ms. Karen Higgins NCDWR, 401 & Buffer Permitting Unit 512 N. Salisbury Street, 9th Floor Raleigh, NC 27604 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 and Water Quality Certification No. 4139 Creek's Landing Union Co., North Carolina CWS Project No. 2015-3535 Dear Mr. Shaeffer and Ms. Higgins: The Creek's Landing site is approximately 135 acres in extent and is located south from the intersection of Weddington Road and Airport Road in Union County, North Carolina (Figure 1, attached). The purpose of this project is to develop a residential subdivision in a developing area of Union County, North Carolina. Carolina Development Services, LLC, has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached. Applicant Name: Carolina Development Services; POC: Mr. Johnathan McCall Mailing Address: 6707 Fairview Road, Suite B, Charlotte, NC 28210 Phone Number of Owner/Applicant: 704-401-7185 Street Address of Project: south from the intersection of Weddington Road and Airport Road in Union County, North Carolina Waterway: UTs to East Fork Twelve Mile Creek Basin: Catawba (HUC 03040103) City: Union County Incorporated County: Union Tax Parcel ID numbers: 060-030-23, 060-060-12, and 060-030-15 Decimal Degree Coordinate Location of Project Site: 35.001359°, -80. 655074° USGS Quadrangle Name: Matthews, NC (1988) and Waxhaw, NC (1986) Site Conditions The project area consists mostly of forested land and open fields (Figure 2, attached). Typical on-site vegetation includes willow oak (Quecus phellos), sweetgum (Liquidambar styraciva), Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), red maple (Acer rubrum), mockemut hickory (Carya tomentosa), Japanese honeysuckle (Lonicera japonica), sawtooth blackberry (Rubus argutus), greenbrier (Smilax rotundifolia), Christmas fern (Polystichum acrostichoides), and muscadine (Vitis roduntifolia). NORTH CAROLINA ' SOUTH CAROLINA WWW.CWS-INC.NET Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WQC 4139 CWS Project No. 2015-3535 According to the Soil Survey of Union County' (Figures 3 and 4, attached), on-site soils consist of Badin channery silt loam, 8 to 15 percent slopes (BaC), Badin channery silty clay loam, 2 to 8 percent slopes (1302), Badin channery silty clay loam, 8 to 15 percent slopes (BdC2), Chewacla silt loam, 0 to 2 percent slopes, frequently flooded (ChA), Cid channery silt loam, 1 to 5 percent slopes (CmB), and Tarrus gravelly silty clay loam, 2 to 8 percent slopes (TbB2). Chewacla silt loam (ChA) is somewhat poorly drained and Cid channery silt loam (CmB) is moderately well drained. Badin channery silt loam and silty clay loams (BaC, BdB2, and BdC2, respectively) and Tarrus gravelly silty clay loam (TbB2) are well drained. Chewacla silt loam (ChA) is listed as hydric in the National Hydric Soils List2 and as having hydric inclusions in the North Carolina Hydric Soils List for Union County` Jurisdictional Delineation On February 16 and 20, 2015, CWS scientists Aliisa Harjuniemi, Wetland Professional in Training (WPIT) and Erin Bradshaw Settevendemio, WPIT, delineated jurisdictional waters of the U.S., including wetlands, within the project area (Figures 5a and 5b, attached). Jurisdictional areas were delineated (flagged in the field), classified, and surveyed with a sub -meter Trimble Geo7X GPS using the U.S. Army Corps of Engineers (USACE) Routine On -Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual, the 2007 USACE Jurisdictional Determination Form Instructional Guidebook, with further technical guidance from the Eastern Mountains & Piedmont Regional Supplement, dated April 2012. A Wetland Determination Data Form representative of on-site jurisdictional wetland areas is attached as DPI. A Wetland Determination Data Form representative of on-site non jurisdictional upland areas is attached as DP2. The locations of these data points are identified as DP 1 and DP2 on Figure 5 (attached). Jurisdictional stream channels were classified according to recent USACE and North Carolina Division of Water Resources (NCD)VR) guidance. These classifications included sampling with a D -shaped dip net, taking photographs, and defining approximate breakpoints (location at which a channel changes classification) within each on-site stream channel. Results The results of the on-site field investigation conducted by CWS indicate that there are eight jurisdictional seasonal RPW stream channels (Streams A -H) and four jurisdictional wetlands (Wetlands AA -DD) located within the project area (Figures 5a and 5b, attached). On -Site streams are unnamed tributaries to East Fork Twelve Mile Creek. East Fork Twelve Mile Creek is part of the Santee River Basin (HUC 03050103)4 and is classified as "Class C" waters by the NCDWR. According to the NCDWR, Class C Waters are defined as: "Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture." On -Site jurisdictional waters of the U.S. total approximately 0.47 acre, including 4,067 linear feet (If) of jurisdictional stream channel. On -Site jurisdictional waters of the U.S. are summarized in Table 1. ' United States Department of Agriculture (USDA), 2014. Soil Survey of Union County, North Carolina a United States Department of Agriculture — Natural Resources Conservation Service, 2012. National Hydric Soils List by State, accessed at http://www.nres.usda.gov/wps/portal/nres/main/soils/use/hydric/ s United States Department of Agriculture — Natural Resources Conservation Service, 1999. North Carolina Hydric Soils List, USDA-NRCS North Carolina State Office, Raleigh ° " HUC is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. K Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 4139 CWS Project No. 2015-3535 Table 1. Su mary of on-site jurisdictional waters of the U.S. Perennial Streams Perennial streams are those that typically have year-round flow. These streams typically have greater biological resources than intermittent streams, and are capable of supporting those resources that require perennial flow. This section describes the on-site perennial streams and the field observations supporting this determination. The results of the on-site field investigation conducted by CWS indicate that there are two perennial stream channels (Streams A and B, R5UB25) located within the project area. Stream A originates off site and flows west near the northwestern property boundary for approximately 1,459 linear feet (If) within the project boundaries. The lower 1,0971f of Stream A is classified as a perennial stream. Stream A ultimately drains to East Fork Twelve Mile Creek off site. Perennial Stream A exhibits strong continuity of bed and bank, strong baseflow, moderate sinuosity, moderate presence of depositional bars and benches, and a weak presence of iron oxidizing bacteria. Perennial Stream A scored 33.5 out of a possible 63 ' R5UB2 = Perennial stream with unconsolidated sand bottom, Cowardin et al. Classification System, 1979 3 Stream Jurisdictional Intermittent/ Classification NCDWR Stream Length Acreage Feature Perennial Point Classification Score Linear Feet (If) (ac.) (SCP) Perennial SCP1 33.5 1,097 0.101 Stream A Intermittent SCP2 27.5 362 0.025 Perennial SCP3 33 308 0.035 Stream B Intermittent SCP4 21 703 0.048 Stream C Intermittent SCP5 24.5 159 0.011 Stream D Intermittent SCP6 21 277 0.019 Stream E Intermittent SCP7 20 319 0.022 Stream F Intermittent SCP8 19.5 63 0.004 Stream G Intermittent SCP9 26.5 676 0.047 Stream H Intermittent SCPIO 19 133 0.009 0.321 Stream Total: 4,067 If acre Acreage Jurisdictional Feature Data Point (DP) (ac.) Wetland AA DPI 0.043 Wetland BB DPI 0.100 Wetland CC DPI 0.004 Wetland DD DPI 0.004 0.151 Wetland Total: acre 0.472 Total Acreage: acre Perennial Streams Perennial streams are those that typically have year-round flow. These streams typically have greater biological resources than intermittent streams, and are capable of supporting those resources that require perennial flow. This section describes the on-site perennial streams and the field observations supporting this determination. The results of the on-site field investigation conducted by CWS indicate that there are two perennial stream channels (Streams A and B, R5UB25) located within the project area. Stream A originates off site and flows west near the northwestern property boundary for approximately 1,459 linear feet (If) within the project boundaries. The lower 1,0971f of Stream A is classified as a perennial stream. Stream A ultimately drains to East Fork Twelve Mile Creek off site. Perennial Stream A exhibits strong continuity of bed and bank, strong baseflow, moderate sinuosity, moderate presence of depositional bars and benches, and a weak presence of iron oxidizing bacteria. Perennial Stream A scored 33.5 out of a possible 63 ' R5UB2 = Perennial stream with unconsolidated sand bottom, Cowardin et al. Classification System, 1979 3 Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 4139 CWS Project No. 2015-3535 points on the NCDWR Stream Classification Form, indicating perennial status (SCP I, attached). Photograph A (attached) is representative of the perennial portion of the Stream A. Stream B originates near the center of the site and flows south towards the southern property boundary for approximately 1,011 If before continuing off site. The lower 3081f of Stream B is classified as a perennial stream. Perennial Stream B exhibits strong continuity of bed and bank, strong baseflow, moderate sinuosity of channel, moderate presence of depositional bars and benches, and a weak presence of iron oxidizing bacteria. Perennial Stream B scored 33 out of a possible 63 points on the NCDWR Stream Classification Form, indicating perennial status (SCP3, attached). Photograph B (attached) is representative of the perennial portion of the Stream B Intermittent Streams Intermittent streams are those streams that exhibit continuous flow seasonally. This flow regime is the result of a lowering of the water table during dry periods that stops groundwater discharge to the stream channel. Intermittent streams do not typically support aquatic life requiring year-round flow to support reproductive and maturation stages. The results of the on-site field investigation conducted by CWS indicate that there are eight seasonal stream channels (Streams A -H, R4UB26) located within the project area. Stream A originates off site and flows west near the northwestern property boundary for approximately 1,4591f within the project boundaries. The upper 3621f of Stream A is classified as a seasonal stream. Seasonal Stream A exhibits strong bed and bank, weak baseflow, and an absence of iron oxidizing bacteria. Seasonal Stream A scored 27.5 out of a possible 63 points on the NCDWR Stream Classification Form, indicating intermittent status (SCP2, attached). Stream B originates near the center of the site and flows south towards the southern property boundary for approximately 1,011 if before continuing off site. The upper 7031f of Stream B is classified as a seasonal stream. Seasonal Stream B exhibits moderate continuity of bed and bank, weak baseflow, weak in -channel structure, and an absence of iron oxidizing bacteria. Seasonal Stream B scored 21 out of a possible 63 points on the NCDWR Stream Classification Form, indicating intermittent status (SCP4, attached). Stream C originates near the southwestern boundary and flows west along the southwestern property boundary for approximately 1591f before continuing off site. Seasonal Stream C exhibits strong continuity of bed and bank, moderate in -channel structure, weak baseflow, and an absence of iron oxidizing bacteria. Seasonal Stream C scored 24.5 out of a possible 63 points on the NCDWR Stream Classification Form, indicating intermittent status (SCP5, attached). Stream D originates off site and flows southeast in the southwestern portion of the property for approximately 2771f before continuing off site. Seasonal Stream D exhibits moderate continuity of bed and bank, weak in - channel structure, weak baseflow, and an absence of iron oxidizing bacteria. Seasonal Stream D scored 21 out of a possible 63 points on the NCDWR Stream Classification Form, indicating intermittent status (SCP6, attached). Stream E originates in the northwestern portion of the property and flows southwest along the northern property boundary for approximately 3191f before continuing off site. Seasonal Stream E exhibits moderate continuity of bed and bank, weak in -channel structure, weak baseflow, an absence of sinuosity, and an absence of iron oxidizing bacteria. Seasonal Stream E scored 20 out of a possible 63 points on the NCDWR Stream Classification Form, indicating intermittent status (SCP7, attached). 6 R4UB2 = Intermittent stream with unconsolidated sand bottom, Cowardin et al. Classification System, 1979 El Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WQC 4139 CWS Project No. 2015-3535 Stream F originates in the northwestern portion of the property and flows southwest for approximately 63 if before its confluence with Seasonal Stream E. Seasonal Stream F exhibits moderate continuity of bed and bank, weak in -channel structure, weak baseflow, weak particle size of stream substrate, and an absence of iron oxidizing bacteria. Seasonal Stream F scored 19.5 out of a possible 63 points on the NCDWR Stream Classification Form, indicating intermittent status (SCP8, attached). Stream G originates in the eastern portion of the property and flows south for approximately 676 linear feet (It) before becoming non jurisdictional near the southeastern property corner. Seasonal Stream G exhibits moderate continuity of bed and bank, moderate in -channel structure, moderate baseflow, weak sinuosity, and an absence of iron oxidizing bacteria. Seasonal Stream G scored 26.5 out of a possible 63 points on the NCD" Stream Classification Form, indicating intermittent status (SCP9, attached). Stream H originates near the southeastern corner of the property and flows southeast for approximately 1331f before tapering off. Seasonal Stream H exhibits weak continuity of bed and bank, weak in -channel structure, weak baseflow, and an absence of iron oxidizing bacteria. Seasonal Stream C scored 19 out of a possible 63 points on the NCDWR Stream Classification Form, indicating intermittent status (SCP 10, attached). Biological sampling within Seasonal Streams A -H revealed an absence of macrobenthos, crayfish, and amphibians. Stream characteristics indicate that continuous flow is present at least three months in a typical year. Photographs C -I (attached) are representative of Seasonal Streams A -H, respectively. Wetlands The USACE and the Environmental Protection Agency (EPA) define wetlands as: "Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions."' The USACE uses three parameters to identify jurisdictional wetlands. These parameters are as follows: 1) Hydrophytic Vegetation, 2) Wetland Hydrology, and 3) Hydric Soils. Except in certain atypical situations, all three parameters must be present in order for an area to be determined to be a jurisdictional wetland. This section describes each on-site jurisdictional wetland and the field observations that led to their determinations. Wetlands AA -DD are classified as forested wetlands (PFO 18). Figure 5 (attached) depicts the locations of these wetlands. A Wetland Determination Data Form 1 (DP 1) is representative of these wetlands. Wetlands AA -DD exhibit low chroma soils, presence of reduced iron, surface water depth of 0-2 inches, and saturation to the surface. Dominant vegetation in this wetland includes willow oak, sweetgum, green ash (Fraxinus pennsylvanica), and ironwood (Carpinus caroliniana). Photographs J- M (attached) are representative of Wetlands AA- DD, respectively. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on July 2, 2015 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter, dated July 19, 2015, SHPO states that they are "aware of no historic resources which would be affected by the project". The SHPO response letter is attached. CWS also ' Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual", Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 8PF01 = Broad-leaved deciduous forested wetland, Cowardin et al. Classification System, 1979 5 Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WQC 4139 CWS Project No. 2015-3535 consulted the SHPO online GIS service and National Register of Historic Places for Union County10 and found no sites of architectural, historical, or archaeological significance within the project limits. Protected Species CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorerl I on July 1, 2015 to determine the presence of any federally -listed, candidate endangered, threatened species, or critical habitat located within the project area. Based on this review, there are no records of federally -protected species within the project limits. A copy of the data review report is attached. The Northern long-eared bat (Myotis septentrionalis) is one of the species of bats most impacted by the white -nose syndrome disease. Habitat for the Northern long-eared bat includes forested areas of any age, rocky areas with boulders, and culverts greater than four feet wide. Due to recent population declines of almost 89% caused by white -nose syndrome and continued spread of the disease, the Northern long-eared bat now receives protection as a Threatened species under the Endangered Species Act. A Threatened species is defined as a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range". The U.S. Fish and Wildlife Service (USFWS) is requesting the documentation of amount of wooded acres cleared in connection with any construction project that takes place within any county shown on the June 30, 2015 White -Nose Syndrome Buffer Zone Map, attached. This project takes place within the Northern long-eared bat habitat range. Due to the nature of this subdivision construction project, approximately 40 acres of wooded area will be cleared for this project and may trigger the need for a bat survey. Please note that no physical surveying for potential habitat within this project has not been included in this scope at this time. Purpose and Need for the Project The purpose of this project is to develop approximately 135 acres of property into a single-family subdivision located in Union County, North Carolina (Figure 6, attached). Union County is experiencing rapid population growth due its proximity to Charlotte, NC, Fort Mill and Rock Hill, SC and there is a need for residential housing in order to meet the current demand. This project is not a phased project and adjoining subdivisions are all owned by individuals and/or companies not associated with the Creek's Landing project. Road crossings are unavoidable in order to develop the site while meeting local planning ordinances requiring appropriate emergency vehicle access to all parts of the subdivision (Figure 6, attached). Avoidance Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit 29 and Water Quality Certification No. 4139. All work will be constructed in the dry. No impacts to jurisdictional wetlands are proposed. The proposed road crossing is necessary in order to complete the subdivision and provide sufficient ingress and egress for emergency vehicles throughout the development. Stream B divides the southern 9 North Carolina State Historic Preservation Office, http://gis.ncder.gov/hpoweb/. Accessed June 23, 2015. 10 National Register of Historic Places for Union County http://www.nationalregisterofhistoricplaces.com/nc/union/state.html " North Carolina Natural Heritage Data Explorer, https://nenhde.natureserve.org/, Accessed July 1, 2015 12 The U.S. Fish and Wildlife Service (USFWS) 1973. Endangered Species Act. http://www.fws.gov/endangeredAaws-policies/ m Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 4139 CWS Project No. 2015-3535 portion of the property in half. Therefore, alternative options for road access while avoiding impacts to jurisdictional streams are limited. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. In an attempt to avoid impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. The property was purchased for the purpose of providing residential housing to meet the growth and demand of an area in Union County experiencing significant population growth. A "No Build" option would not meet the project goals of providing necessary housing to meet the current demand. Therefore, the No Build Alternative was eliminated from further consideration. Minimization The original plan for the proposed road crossing was a piped conveyance instead of the currently proposed culvert (Figure 7, attached). This original plan included a 1531f, 30 -inch, "L" -shaped reinforced concrete pipe (RCP) with a 151f rip rap apron at the outlet. A straight culvert is the favored design as it will maintain aquatic life passage, is easier to maintain, and has a lower potential to clog versus a piped conveyance. Permanent impacts associated with this design totaled 167 linear feet of perennial stream channel. To avoid greater impacts to jurisdictional waters of the U.S., a straight culvert with stream relocation was chosen in lieu of a piped conveyance (Figures 8 and 9, attached). The stream relocation plan is discussed on the next page (page 8). Impacts associated with the straight culvert design were reduced through the use of headwalls at the inlet and outlet of the proposed culvert in order to minimize the length required for the proposed crossing. The proposed culvert was also designed to maintain bankfull channel dimensions upstream and downstream of the proposed culvert. The project has been thoughtfully designed to avoid impacts wherever possible. The currently proposed site plan was developed as a result of this alternatives analysis and avoidance and minimization process. We believe that the current site plan is the best possible plan that meets the project goals while avoiding impacts to jurisdictional waters of the U.S. to the greatest extent practicable. Proposed Impacts to Jurisdictional Waters Under Nationwide Permit (NWP) No. 29, unavoidable permanent impacts to jurisdictional waters associated with this project are limited to a total of 124 linear feet (If) of jurisdictional stream channel (Stream B). Permanent impacts to Stream B are the result of the construction of a road crossing and stream relocation. Additionally, the project proposes 125 if of temporary impacts to jurisdictional stream channel due the proposed stream relocation. Proposed impacts are summarized in Table 2 (next page). 7 Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WQC 4139 CWS Project No. 2015-3535 Table 2. Proposed impacts to.jurisdictional waters of the U.S. Jurisdictional Impact Temporary Impacts Feature Type or (linear feet) Impacts (acre) Permanent Road Crossing (Culvert) Permanent 109 0.01 Stream B Stream relocation Temporary 125 0.01 Stream relocation (net Permanent 15 0.00 loss of waters) Total Permanent Stream Impacts 124 0.01 acre Total Temporary Stream Impacts 125 0.01 acre Total Stream Impacts 2491f 0.02 acre Road Crossing The proposed road crossing is located in the southwestern portion of the property (Figure 6, attached). The installation of a culvert for this road crossing will result in 1091f of permanent impacts to Perennial Stream B. The proposed road crossing will utilize a 100 -linear foot, 30 -inch reinforced concrete pipe (RCP) with headwalls at both the inlet and outlet of the culvert. The proposed culvert will be buried at least six inches below the bed of the channel to allow passage of aquatic life and maintain low flows. A plan view is attached as Figure 8. Stream relocation To avoid greater impacts to jurisdictional waters of the U.S., the project proposes to relocate 125 linear feet of Perennial Stream B immediately downstream of the proposed culvert (Figures 8 and 9, attached). However, an extreme bend in Stream B makes it difficult to relocate the stream linear foot for linear foot and thus creates a loss of 15 if during the relocation of the existing stream to the relocated stream. Relocated Stream B will be constructed to maintain low flows and will have similar channel dimensions as the original channel. In -stream structures will provide stabilization and prevent upstream incision, as necessary. Natural coconut matting, riparian seed, and native plants will be installed on both sides of the relocated Stream B for bank stabilization and erosion control. Vegetation species will be chosen to fit in with the existing plant community, as well as add diversity, particularly in the riparian zone. Currently, much of the riparian area is dominated by invasive Chinese privet. Chinese privet and other invasive species such as Japanese honeysuckle will be removed and/or treated. On behalf of Carolina Development Services, CWS is submitting a Pre -Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 31, and pursuant to Nationwide Permit No. 29 and Water Quality Certification No. 4139. Compensatory Mitigation Permanent impacts to jurisdictional waters of the U.S. associated with this project total of less than 150 linear feet of jurisdictional stream channel. We believe that the current site plan is the best possible plan that meets the project goals while avoiding and minimizing impacts to jurisdictional waters of the U.S. to the greatest extent possible. Therefore, our client is not proposing mitigation for this project. Creek's Landing May 25, 2018 Pre -Construction Notification to Nationwide Permit No. 29 and WQC 4139 CWS Project No. 2015-3535 Please do not hesitate to contact me at 704-408-1683, or through email at gregg@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Gregg Antemann, PWS Professional Wetland Scientist •Al���ti1g1�J, qrA IOWA u AO 00. sZP °- GR�Gs f Daniel Roberts Project Scientist Attachments: Figure 1. USGS Site Location Map Figure 2. Aerial Map Figure 3. Current USDA -MRCS Mecklenburg County Soil Survey Figure 4. Historic USDA-NRCS Mecklenburg County Soil Survey Figure 5a. Approximate Jurisdictional Boundary Field Map — Aerial Overlay Figure 5b. Approximate Jurisdictional Boundary Field Map Figure 6. Proposed Impacts — Overview Figure 7. Proposed Impacts — Alternative Analysis Figure 8. Proposed Impacts — Plan View Figure 9. Proposed Impacts — Stream Relocation Agent Authorization Form Pre -Construction Notification Pursuant to Nationwide Permit No. 29 NCDWR Stream Classification Forms (SCP I -SCP 10) USACE Wetland Determination Data Forms (DP I-DP2) Agency Correspondence Representative Photographs (A -N) cc: Mr. Jonathan McCall, Carolina Development Services Mr. Matthew Velkovich, P.E., Summit W R CM♦,���rwswir" V 8 TaB .GDC MhA IC GsB` MhA 36 Ud Tai3 BaB '� _.. Weddington Raod �dQ2 6A Cm8 Bac 82 Bac Tbcz CmB TaG it mB T b62 ea8z BdB2 — ChA r �. t2 yt Qi t bit TbB2 BdC2 1162 g2 �mB gd82 �dCZ Bd82' Ch A , Tb ChAa' . BdB2 ' W2 S Potter Road "4.. y _ t t11 Soils - Description Legend BaC—Badin channery silt loam, 8 to 15 percent slopes BdB2—Badin channery silty clay loam, 2 to 8 percent slopes, moderately eroded BdC2—Badin channery silty clay loam, 8 to 15 percent slopes, moderately eroded Project Limits ChA—Chewacla silt loam, 0 to 2 percent slopes, frequently flooded CmB--Cid channery silt loam, 1 to 5 percent slopes Excluded Parcel TbB2—Tarrus gravelly silty clay loam, 2 to 8 percent slopes, moderately eroded 1,000 500 0 1,000 Feet REFERENCE HISTORIC USDA NRCS SOIL SURVEY OF UNION COUNTY, SHEETS 17AND 22, DATED 1990 SCALE: 1" : 1000' DATE: 10-26-15 Historic USDA-NRCS Soil FIGURE No. CWS PROJECT NO: DRAWN BY: Survey of Union County 2015-3535 AVH Creek's Landing 4 PPLICANT NO: CHECKED BY: CAROLINA Union Co., North Carolina KMT WETLAND SERVICES CWS Project No. 2015-3535 \ 264 4 : sem �� —�• "'\,, Bl/ l L79 7' ; \ \ \� 94 Otl-ooI IXOf Js. 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MGV '- �..---= FIG. ~ NOT TO KALE-''�72i14 lmn10V`-77vOp� n110�``` Seasonal RPW B - 167 If permanent impacts (pipe) 153'30 -inch RCP piped conveyance e I J 0 J ,\ a � 0 7 r 1 Alternative Plan View Figure /' Creek's Landing Union Co., North Carolina 7 �' CWS Project No. 2015-3535 SD 1155-154 PROFILE 0+00 1+00 2+00 Proposed Impacts - Plan View and Profile KEY MAP Legend Proposed Culvert Proposed Impact Proposed Steam Relocation Proposed Relocated Stream ...... . Avoided Seasonal Stream Avoided Perennial Stream LEGEND DETAIL DETAIL SYMBOL DESCRIPTION PROPERTY LINE — - - RIGHT-OF-WAY LINE EXISTING CURB LINE GENERAL PUBLIC UTILITY EASEMENT -n_•_ --- EXISTING MINOR CONTOUR —7zo EXISTING MA30R CONTOUR —722 PROPOSED MINOR CONTOUR —720 PROPOSED MA30R CONTOUR PROPOSED R.C.P. PROPOSED STORM DRAINAGE MANHOLE PROPOSED CATCH BASIN 12) PROPOSED FLARED END SECTION PROPOSED RIP -RAP APRON GRAPHIC SCALE IIN FEET Inch = 15, CLIENT: z � w A O z N U V U z Q x Q o w a Pq N U N W C9 Z Q Q z 0 < z z C:) Q C�I 75 Cl- Q rr, O (1) 1 • AGENT CERTIFICATION OF AUTHORIZATION I, Mr. Johnathan M McCall, representing Carolina Development Services, hereby certify that I have authorized Gregg Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. App l'cant's signature `7Z1� Date )�,� C- - 7J, -L �- - Agent's signature Date 7/l/1 Completion of this form will allow the agent to sign all future application correspondence. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 13 PCN Form —Version 1.3 December 10, 2008 Version Pre -Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number- umber:1c. 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Creek's Landing 2b. County: Union 2c. Nearest municipality / town: Monroe 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: multiple 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 13 PCN Form —Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Carolina Development Services 4b. Name: Mr. Jonathan McCall 4c. Business name (if applicable): Carolina Development Services 4d. Street address: 6707 Fairview Road, Suite B 4e. City, state, zip: Charlotte, NC 28210 4f. Telephone no.: 704-401-7185 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Gregg Antemann, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 E. Westinghouse Blvd. 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 704-408-1683 5f. Fax no.: 704-527-1133 5g. Email address: gregg@cws-inc.net Page 2 of 13 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 060-030-23, 060-060-12, and 060-030-15 1 b. Site coordinates (in decimal degrees): Latitude: 35.001359 Longitude: - 80.655074 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 135 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: East Fork Twelve Mile Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba (HUC 03040103) Page 3 of 13 PCN Form —Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists mostly of forested land and open fields (Figure 2, attached). Typical on-site vegetation includes willow oak (Quecus phellos), sweetgum (Liquidambar styraciflua), Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), red maple (Acer rubrum), mockernut hickory (Carya tomentosa), Japanese honeysuckle (Lonicera japonica), sawtooth blackberry (Rubus argutus), greenbrier (Smilax rotundifolia), Christmas fern (Polystichum acrostichoides), and muscadine (Vitis roduntifolia). According to the Soil Survey of Union County (Figures 3 and 4, attached), on-site soils consist of Badin channery silt loam, 8 to 15 percent slopes (BaC), Badin channery silty clay loam, 2 to 8 percent slopes (BdB2), Badin channery silty clay loam, 8 to 15 percent slopes (BdC2), Chewacla silt loam, 0 to 2 percent slopes, frequently flooded (ChA), Cid channery silt loam, 1 to 5 percent slopes (CmB), and Tarrus gravelly silty clay loam, 2 to 8 percent slopes (TbB2). Chewacla silt loam (ChA) is somewhat poorly drained and Cid channery silt loam (CmB) is moderately well drained. Badin channery silt loam and silty clay loams (BaC, BdB2, and BdC2, respectively) and Tarrus gravelly silty clay loam (TbB2) are well drained. Chewacla silt loam (ChA) is listed as hydric in the National Hydric Soils List and as having hydric inclusions in the North Carolina Hydric Soils List for Union County 3b. List the total estimated acreage of all existing wetlands on the property: 0.151 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,405 linear feet of perennial stream channel, 2,662 linear feet of seasonal stream channel. 3d. Explain the purpose of the proposed project: The purpose of this project is to develop approximately 135 acres of property into a single-family subdivision located in Union County, North Carolina (Figure 6, attached). Union County is experiencing rapid population growth due its proximity to Charlotte, NC, Fort Mill and Rock Hill, SC and there is a need for residential housing in order to meet the current demand. This project is not a phased project and adjoining subdivisions are all owned by individuals and/or companies not associated with the Creek's Landing project. Road crossings are unavoidable in order to develop the site while meeting local planning ordinances requiring appropriate emergency vehicle access to all parts of the subdivision (Figure 6, attached). Page 4 of 13 PCN Form — Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: Under Nationwide Permit (NWP) No. 29, unavoidable permanent impacts to jurisdictional waters associated with this project are limited to a total of 124 linear feet (If) of jurisdictional stream channel (Stream B). Permanent impacts to Stream B are the result of the construction of a road crossing and stream relocation. Additionally, the project proposes 125 If of temporary impacts to jurisdictional stream channel due the proposed stream relocation. Proposed impacts are summarized in Table 2 (next page). Road Crossing The proposed road crossing is located in the southwestern portion of the property (Figure 6, attached). The installation of a culvert for this road crossing will result in 109 If of permanent impacts to Perennial Stream B. The proposed road crossing will utilize a 100 -linear foot, 30 -inch reinforced concrete pipe (RCP) with headwalls at both the inlet and outlet of the culvert. The proposed culvert will be buried at least six inches below the bed of the channel to allow passage of aquatic life and maintain low flows. A plan view is attached as Figure 8. Stream relocation To avoid greater impacts to jurisdictional waters of the U.S., the project proposes to relocate 125 linear feet of Perennial Stream B immediately downstream of the proposed culvert (Figures 8 and 9, attached). However, an extreme bend in Stream B makes it difficult to relocate the stream linear foot for linear foot and thus creates a loss of 15 If during the relocation of the existing stream to the relocated stream. Relocated Stream B will be constructed to maintain low flows and will have similar channel dimensions as the original channel. In -stream structures will provide stabilization and prevent upstream incision, as necessary. Natural coconut matting, riparian seed, and native plants will be installed on both sides of the relocated Stream B for bank stabilization and erosion control. Vegetation species will be chosen to fit in with the existing plant community, as well as add diversity, particularly in the riparian zone. Currently, much of the riparian area is dominated by invasive Chinese privet. Chinese privet and other invasive species such as Japanese honeysuckle will be removed and/or treated. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ® Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Carolina Wetland Services Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -2015-02463, by William Elliott on April 14, 2016 6. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. On April 14, 2016 a NWP 29 was issued under SAW -2015-02463 for the proposed project. Due to funding issues, the project commencment and completion was not able to be obtained within twelve months of the date of the nationwide permit's experation on March 18, 2017. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - PER or (Corps - 404, 10 swiidth Permanent P or () intermittent DWQ —non -404, (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T Culvert Stream B ❑ PER ® INT ® Corps ❑ DWQ 4-5 109 S2 ®P ❑ T Relocation (net Stream B ® PER ® Corps 4-5 15 loss of water) ❑ INT ❑ DWQ S3 ❑ P ® T Relocation Stream B ® PER El INT ® Corps ❑ DWQ 4-5 125 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 249 3i. Comments: Permanent impacts to jurisdictionial streams total 124 linear feet. Page 6 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑ PEI T 03 ❑ PEI T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet ) (square feet) Temporary T impact required? 131 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 7 of 13 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit 29 and Water Quality Certification No. 4139. All work will be constructed in the dry. No impacts to jurisdictional wetlands are proposed. The proposed road crossing is necessary in order to complete the subdivision and provide sufficient ingress and egress for emergency vehicles throughout the development. Stream B divides the southern portion of the property in half. Therefore, alternative options for road access while avoiding impacts to jurisdictional streams are limited. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. In an attempt to avoid impacts to jurisdictional waters while still meeting the goals of the project, a "No Build" alternative was considered. The property was purchased for the purpose of providing residential housing to meet the growth and demand of an area in Monroe experiencing significant population growth. A "No Build" option would not meet the project goals of providing necessary housing to meet the current demand. Therefore, the No Build Alternative was eliminated from further consideration. Minimization The original plan for the proposed road crossing was a piped conveyance instead of the currently proposed culvert (Figure 7, attached). This original plan included a 153 If, 30 -inch, "L" -shaped reinforced concrete pipe (RCP) with a 15 If rip rap apron at the outlet. A straight culvert is the favored design as it will maintain aquatic life passage, is easier to maintain, and has a lower potential to clog versus a piped conveyance. Permanent impacts associated with this design totaled 167 linear feet of perennial stream channel. To avoid greater impacts to jurisdictional waters of the U.S., a straight culvert with stream relocation was chosen in lieu of a piped conveyance (Figures 8 and 9, attached). The stream relocation plan is discussed on the next page (page 8). Impacts associated with the straight culvert design were reduced through the use of headwalls at the inlet and outlet of the proposed culvert in order to minimize the length required for the proposed crossing. The proposed culvert was also designed to maintain bankfull channel dimensions upstream and downstream of the proposed culvert. The project has been thoughtfully designed to avoid impacts wherever possible. The currently proposed site plan was developed as a result of this alternatives analysis and avoidance and minimization process. We believe that the current site plan is the best possible plan that meets the project goals while avoiding impacts to jurisdictional waters of the U.S. to the greatest extent practicable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Construction activities and impacts to on-site jurisdictional waters of the U.S. will comply with all conditions of Nationwide Permit 29 and Water Quality Certification No. 4139. All work will be constructed in the dry. No impacts to jurisdictional wetlands are proposed. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 13 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. El Yes El No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: See attached Stormwater Permit No. SW3150601 ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Union County ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ® Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ 0 R (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ® Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project will not result in additional future development. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Sewer will tie into existing infrastructure. Page 11 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? CWS performed a data review using North Carolina Natural Heritage Program (NCNHP) Data Explorer on July 1, 2015 to determine the presence of any federally -listed, candidate endangered, threatened species or critical habitat located within the project area. Based on this review, there are no records of federally -protected species within the project limits. A copy of the data review report is attached. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat?❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://sharpfin.nmfs.noaa.gov/website/EFH_Mapper/map.aspx 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on July 2, 2015 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter, dated July 19, 2015, SHPO states that they are "aware of no historic resources which would be affected by the project". The SHPO response letter is attached. CWS also consulted the SHPO online GIS service and National Register of Historic Places for Union County and found no sites of architectural, historical, or archaeological significance within the project limits. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM No. 3710540600J and 3710540500J 5-25-2018 Mr. Gregg Antemann, PWS Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 13 PCN Form — Version 1.3 December 10, 2008 Version North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz July 16, 2015 Aliisa Harjuniemi Carolina Wetland Services 550 East Westinghouse Boulevard Charlotte, NC 28273 Office of Archives and History Deputy Secretary Kevin Cherry Re: Develop Creeks Landing Residential Subdivision, Weddington Road & Airport Road, Monroe, CWS 2015-3535, Union County, ER 15-1533 Dear Ms. Harjuniemi: Thank you for your letter of July 2, 2015, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 601'Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fax: (919) 807-6570/807-6599 ASA NCDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat t -&Cory 13 raw GosW Donald R. van der Vaart Governor Director Sec retary July 1, 2015 Aliisa Harjuniemi Carolina Wetland Services 550 E Westinghouse Blvd Charlotte, NC 28273 aliisa@cws-inc.net RE: Creek's Landing; 2015-3535 Dear Aliisa Harjuniemi: NCNHDE-436 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary submitted with your request for information. These results are presented in the attached 'Documented Occurrences' table and map. Also attached is a table summarizing rare species and natural communities that have been documented within a one -mile radius of the project boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Tables of natural areas and conservation/managed area within a one -mile radius, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NC Natural Heritage Program data may not be redistributed without permission from the NCNHP. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or an occurrence of a Federally - listed species is documented within or near the project area. Thank you for your inquiry. If you have questions regarding the information provided in this letter or need additional assistance, please contact Allison Schwarz Weakley at allison.weakley(cDncdenr.gov or 919.707.8629. Sincerely, NC Natural Heritage Program Page 1 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Creek's Landing Project No. 2015-3535 July 1, 2015 NCNHDE-436 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Status Freshwater Fish 10412 Etheostoma collis Carolina Darter 2013-05-28 Current 3 -Medium Species of Special G3 S3 Concern Concern Natural Areas Documented Within Project Area Site Name Representational Rating Collective Rating CTB/Twelvemile Creek Aquatic Habitat n/a (Not Applicable) C4 (Moderate) No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserye,org/ ont n /h lo. Data query generated on July 1, 2015; source: NCNHP, Q2 April 2015. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Creek's Landing Project No. 2015-3535 July 1, 2015 NCNHDE-436 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Status Freshwater 29551 Villosa delumbis Eastern Creekshell 2011-06-09 Current 3 -Medium --- Significantly G4 S3 Bivalve Rare Freshwater 115 Villosa vaughaniana Carolina Creekshell 2011-06-09 Current 3 -Medium Species of Endangered G2 S2 Bivalve Concern Freshwater Fish 10412 Etheostoma collis Carolina Darter 2013-05-28 Current 3 -Medium Species of Special G3 S3 Concern Concern Vascular Plant 15141 Rhus michauxii Michaux's Sumac 1794-07-21 Historical 5 -Very Endangered Endangered G2G3 S2 Low Natural Areas Documented Within a One -mile Radius of the Project Area Site Name ___.__.s° Representational Rating Collective Rating CTB/Twelvemile Creek Aquatic Habitat n/a (Not Applicable) C4 (Moderate) No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at httns://ncnhde.natureserye.org/content/hel p. Data query generated on July 1, 2015; source: NCNHP, Q2 April 2015. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-436: Creek's Landing July 1, 2015 ❑ Project Boundary ❑ Buffered Project Boundary NHP Natural Area (NHNA) Page 4 of 4 1:25,745 0 0.2 0.4 0.8 mi 0 0.35 0.7 1.4 km Sources: Esri, HERE. DeLomre, TomTom, Intermap, increment P Corp., GESCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL. Water Resources ENVIRONMENTAL QUALITY December 4, 2015 Carolina Development Services Attn: Jonathan McCall 6707 Fairview Rd., Ste. B Charlotte, NC 28210 Subject: REQUEST FOR ADDITIONAL INFORMATION Creeks Landing Dear Mr. McCall: PAT MCCRORY DONALD R. VAN DER VAART Jecrrfort, S. JAY ZIMMERMAN Onrrror DWR # 15-1170 Union County On November 6, 2015, the Division of Water Resources (Division) received your application dated November 3, 2015, requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Storm Water Management Plan per condition #12 of General Certification 3890 must be submitted and approved by DWR prior to issuance of the 401. 2. Clarification of impacts. It is stated that 15 If of stream will be lost during the relocation of 140 If of stream channel. It is also stated that 9 If of rip rap is not included in the impacts/loss of stream. Is the 9 If not included at all or is it included with the culvert impact? 3. A stream relocation plan/restoration plan is required indicating the proposed method of construction. (Condition #11, GC 3890) Pursuant to Title 15A NCAC 02H .0502(a) 8 / Title 15A NCAC 02H .506, the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional OlTrcel 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 2S 11 S 704 663 1699 Please respond in writing within 30 calendar days of receipt of this letter by submitting stormwater management plan for review to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please copy the Mooresville Regional Office regarding items #1 and #2. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Alan Johnson at 704-663-1699 or alan.lohnson@ncdner.gov if you have any questions or concerns. (2 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office cc: Greg Antemann, Carolina Wetlands (email) William Elliot, USACE Asheville, (email) MRO files DWR 401 & Buffer Permitting Unit CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) December 7, 2015 Mr. Alan Johnson 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 Subject: Creeks Landing DWR # 15-1170 Response to Request for Additional Information Union County, North Carolina CWS Project No. 2015-3535 Dear Mr. Johnson: Carolina Development Services has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. In response to your letter via email dated December 4, 2015 (attached): 1. Storm Water Management Plan per condition #12 of General Certification 3890 must be submitted and approved by DWR prior to issuance of the 401. - Please see the attached approved Stormwater Permit No. SW3150601 and Operations & Maintenance Agreement. 2. Clarification of impacts. It is stated that 151f of stream will be lost during the relocation of 1401f of stream channel. It is also stated that 9 If of rip rap is not included in the impacts/loss of stream. Is the 91f not included at all or is it included with the culver impact? - The beginning of the 125 1f of relocated stream starts at the end of the rip rap apron. The apron will be constructed at the end of the culvert in an area that is non - jurisdictional and does not have an existing channel. The linear footage of the relocated stream starts at the end of the apron, therefore the 9 ft apron is NOT an additional impact. We are NOT going to put rip rap into the relocated channel. - There is a 15 If loss between the existing channel and relocated channel. 3. A stream relocation plan/restoration plan is required indicated the proposed method of construction (Condition #11, GC 1890). - CWS is currently in the process of preparing a relocation plan to be submitted to your office once complete. NORTH CAROLINA ' SOUTH CAROLINA WWW.CWS-INC.NET Weddington Walk December 7, 2015 Response to Request for Additional Information CWS Proiect No. 2015-3535 Thank for you your consideration in this matter. Please do not hesitate to contact us at 704-408-1683, or through email at gregg@cws-inc.net should you have any additional questions or comments regarding this letter. Sincerely, zr-a- C. AU Gregg Antemann, PWS Principal Scientist Kelly aures, WPIT Project Manager ---------------------- U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2015-02463 County: Union USGS Quad: NC-MATTHEWS GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Jonathan McCall, Carolina Development Services Address: 6707 Fairview Road, Suite B Charlotte, NC 28210 Telephone No.: 704 4017185 Size and location of property (water body, road name/number, town, etc.): The project Creeks Landing is located South from the intersection of Weddington Road and Airport Road in Monroe, North Carolina, Coordinates: 35.00136,-80.65507 Description of projects area and activity: This permit authorizes excavation and placement of fill material associated with Permanent impacts of 1091ft culvert installation, 15 Ift stream relocation and Temporary impacts of 1251ft. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW 29 Additional Remarks and/or Special Permit Conditions Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated November 6, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked_ If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 807-6300) to determine Section 401 requirements. You may also visit their website at: http://portal.ncdenr.ore/web/wq/swp/ws/webscape For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact William Elliott at -27 9 Corps Regulatory Official William Elliott Date: April 14 2016 Expiration Date of Verification: March 18, 2017 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://per2.nwo.usace.gM.miUsurve .html to complete the survey online. Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: There are stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is known as East Fork Twelvemile Creek which flows into the Santee River. This jurisdictional determination is valid for the impact areas only. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: William Elliott Issue Date: April 14 2016 Expiration Date: Five years from Issue Date Copy Furnished: Gregg Antemann, PWS Carolina Wetland Services, Inc. 550 E. Westinghouse Blvd. Charlotte, NC 28273 Permit Number: SAW -2015-02463 Permit Type: NW 29 Name of County: Union Name of Permittee: Jonathan McCall, Carolina Development Services Date of Issuance: April 14 2016 Project Manager: William Elliott Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NO`T'IFICATION OF .< DMINKIRAT1VE, APP. AL OPTIONS AND PROCESS AND REQUES'r FOR APPEAL Applicant: .Jonathan Iv cC ill. SA\\' 01 4 Da11C: "Ar -d 14 2010 Services 02463 _ Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL _ C _ _ APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additionalinformation may be found at http://wA,•w_usace.army.mil/CECW/Pages/reg materiats.aspx or Corps regulations at 33 CFR Part 33.1. A: INI'T'IAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SETTaN Tl EQ�,T 1ZP'Aor 031E'I+C?NS T(3 !0nTIAL �F1ED 1E1 1 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. F 11TCT F R O Trea If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: William Elliott, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer USACE, Asheville Regulatory Field Office CESAD-PDO 151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room l OM 15 Asheville, NC 28801 Atlanta, Georgia 30303-8801 828-271-7980 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations_ Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303- 8801. Phone: (404) 562-5137 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD). 11/32015 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Carolina Development Services; POC: Jonathan McCall 6707 Fairview Road, Suite B, Charlotte, NC 28210 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: C SRVk6- Wilmington DistrictIn/^ (�� —� 2 �� (%/ %N/]t/✓ �,yl / QGL D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: � Located south from the intersection of Weddinton Road and Airport Road in Monroe, North Carolina (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Union City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.001359 ON Long, 80.655074 °W, Universal Transverse Mercator: NAD83 Name of nearest waterbody: East Fork Twelve Mile Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 4,067 linear feet: 2-5 width (ft) and/or 0.321 acres. Cowardin Class: R6UB2, R4UI32 Stream Flow: 1,405 If perennial, 2,662 If seasonal Wetlands: 0.151 Cowardin Class: PF01 acres. Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: Field Determination. Date(S): February 16 and 20, 2015 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): 0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: VData sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name:,--.M�„.ko.�,V..y�.,� ❑✓ USDA Natural Resources Conservation Service Soil Survey. Citation: union County Soil Survey ❑ National wetlands inventory map(s). ❑ State/Local wetland inventory map(s) ❑ FEMA/FIRM maps: Cite name: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: 0 Aerial (Name & Date): EsH, accessed 2015 or Other (Name & Date): Site photographs of streams (February, 2015). ❑ Previous determination (s). File no. and date of response letter: I ❑ Other information (please specify): 7 1. The Carps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including Whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based ona preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of�//� Regulatory Project Manager (REQUIRED) 4 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Site Number Latitude Longitude Cowardian Class Estimated Aquatic Amount of Resource in Review Area Class of Aquatic Resource Stream A N35.001359 W80.655074 R5UB2 1,0971f non -section 10 -- non -tidal Stream A N35.001359 W80.655074 R4UB2 362 If non -section 10 — non -tidal Stream B N35.001359 W80.655074 R5UB2 308 If non -section 10 — non -tidal Stream B N35.001359 W80.655074 R4UB2 703 If non -section 10 — non -tidal Stream C N35.001359 W80.655074 R4UB2 159 if non -section 10 — non -tidal Stream D N35.001359 W80.655074 R4UB2 277 If non -section 10 — non -tidal Stream E N35.001359 WB0.655074 R4UB2 319 If non -section 10 — non -tidal Stream F N35.001359 W80.655074 R4UB2 63 If non -section 10 — non -tidal Stream G N35.001359 W80.655074 R41.1132 676 If non -section 10 — non -tidal Stream H N35.001359 W80.655074 R4UB2 133 If non -section 10 — non -tidal Wetland AA N35.001359 WB0.655074 PF01 0.043 acre non -section 10 - wetland Wetland BB N35.001359 W80.655074 PF01 0.100 acre non -section 10 —wetland Wetland CC N35.001359 W80.655074 PF01 0.004 acre non -section 10 -- wetland Wetland DD N35.001359 W80.655074 PFOi 0.004 acre non -section 10 -- wetland 1 Water Resources ENVIRONMENTAL OUALITY Mr. Jonathan McCall Carolina Development Services 2627 Breckonridge Centre Drive Monroe, NC 29110 PAT MCCRORY (iarenus• DONALD R. VAN DER VAART Secrelary S. JAY ZIMMERMAN prreclor December 8, 2015 DWR# 15-1170 Union County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Creek's Landing Dear Mr. McCall: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated November 3, 2015, and received by the Division of Water Resources (the Division) on November 6, 2015. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3890 which can be viewed on our web site at http://portal.ncdenr.ora/web/wa/swr)/ws/401. The General Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: 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 total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required. 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. 15A NCAC 02H .0506 and 15A NCAC 02H .0507 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e)] State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Offtcel 610 East Center Avenue, Suite 3011 SlooresAlle, North Carolina 28115 704 663 1699 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Stream 0 linear ft. 126 linear ft. Stream relocation 0 linear ft. 125 linear ft. Wetland 0 acre 0 acre 4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. A final, written storm water management is required per condition #12 of the General Certification. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 7. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 9. A final stream design (for the relocated stream section) shall be submitted and approved by staff prior to any stream impacts at the site. 10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 15A NCAC 02H.0506(b)(3) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://wv4w.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Greg Antemann, CWS (email) William Elliot, Army Corps of Engineers, Asheville (email) Karen Higgins, Wetlands Unit MRO, Land Quality North Carolina Department of Environmental Quality Pat McCrory Governor Mr. David Cuthbertson Carolina Development Services, LLC 2627 Brekonridge Centre Drive Monroe, North Carolina 28110 Dear Mr. Cuthbertson: Donald R. van der Vaart Secretary December 4, 2015 Subject: Stormwater Permit No. SW3150601 Creeks Landing Subdivision High Density Dry Detention Stormwater Project Weddington, Union County The Stormwater Permitting Unit received a complete package for the Creeks Landing Subdivision project on October 6, 2015. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. We are forwarding this Stormwater Management Permit No. SW3150601, issued December 4, 2015, for the construction, operation and maintenance of the subject project and the stormwater BMPs. This permit shall be effective from the original date of issuance until December 4, 2023, and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to follow the procedures for transfer of the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes. Per NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. 1601 Mail Service Center. Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www ncdencgov An Equal Opportunity ' Affirmative Action Employer - Made in part by recycled paper Ir Mr. David Cuthbertson Carolina Development Services, LLC SW3150601 — Creeks Landing Subdivision, Union County December 4, 2015 After thirty days from the date of this letter, this project will be kept on file at the NCDENR Division of Energy, Mineral and Land Resources, Land Quality Section, Mooresville Regional Office. If you have questions after that time, please contact Zahid Khan, zahid.khan(c�ncdenr.gov, of that office. Until that time, if you have any questions or need additional information concerning this permit, please contact Bill Diuguid at (919) 807-6369; or bill.diuguidCa),ncdenr.gov. Sincerely, Original Signed by William H. Diuguid William H. Diuguid, AICP, Plans Reviewer for Tracy E. Davis, P.E., CPM Director, Division of Energy, Mineral and Land Resources cc: NCDENR DEMLR Mooresville Regional Office Central Files Stormwater Permitting Unit Files Attachments State Stormwater Permit Permit No.SW3150601 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Carolina Development Services, LLC for the Creeks Landing Subdivision Weddington Road, Highway 84 Weddington, Union County FOR THE construction, operation and maintenance of one wet detention basin and five dry detention basins and a disconnected imperviousness design in compliance with the provisions of 15A NCAC 2H.1000 and S.L. 2006-246 (hereafter referred to as the "stormwaterrulesl and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (DEMLR), Land Quality Section and considered a part of this permit. This permit dated December 4, 2015 shall be effective from the original permit date of issuance until December 4, 2023, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The stormwater control has been designed to handle the runoff from 1,182,378 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated in Section 1.7 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 1 of 6 State Stormwater Permit Permit No.SW3150601 6. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. 7. The design criteria have been provided for in the one wet detention basin and five dry detention basin designs and must be maintained at design condition as shown in the approved site plan. II. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the completion of any built -upon surface and the issuance of any certificate of occupancy. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The stormwater treatment system shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate Page 2 of 6 State Stormwater Permit Permit No.SW3150601 easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form, to the Division of Energy, Mineral and Land Resources, Land Quality Section, signed by both parties, and accompanied by supporting documentation as listed on page 2 of the form. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, Land Quality Section, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of Page 3 of 6 State Stormwater Permit Permit No.SW3150601 additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall notify the Division of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. This Permit issued this the 4th day of December, 2015. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Original Signed by William H. Diuguid William H. Diuguid, AICP, Plans Reviewer for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 4 of 6 State Stormwater Permit Permit No.SW3150601 Creeks Landing Subdivision Stormwater Permit No. SW3150601 Weddington Road, Union County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, Creeks Landing Subdivision, Weddington Road, Union County (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date Page 5 of 6 SEAL State Stormwater Permit Permit No.SW3150601 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. Please submit this Designer's Certification to: Zahid Khan, Regional Engineer NCDENR DEMLR Mooresville Regional Office Land Quality Section 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Page 6 of 6 High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, David Cuthbertson , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number S W /S 0601 , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the storm water management permit., 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum allowable built -upon area per lot is 5700 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following: 6. The maximum built -upon area per lot, in square feet, is as listed below: Lot # BUA Lot # BUA Lot # BUA Lot # BUA This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming Pools. 7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2 i Signature i Date: A19 J� ` -Notary Public in the State of . � ��,' 4 , County of -1 V do hereby certify that :- , personally appeared � C before me this the day of ,� '20:1- J , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAI. Signature Ft JOJ��s,,, My Commission expires PUB�'\G '12 ON COv Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 4AIJJ9 Qu aH T y Vl,.i1 P r _._ -_ -toil 0; Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 4AIJJ9 Qu aH T y Operation & Maintenance Agreement CREEKS LANDING SUBDIVISION Union County, NC UNION County 57'p�Wi4TErt J°'E�ero�F Prepared By: Matthew G. Velkovich, P.E., Summit Land Services, PC l% O Cover Paste Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & correspond Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: ' Soil Amendments Present: O&M tables will be added automaticai Location(s): F Pond #1 Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Wet Pond #1 Location(s): Location(s): I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. Si County persona acknowledge the due execution of th Operations an t ce greement . Witness my hand and official seal, R 104cc";'s, OSAR 'V --_ Sea! �i��N•,IN„""M��. My commission expires STORM -EZ 1011/15 Version 1 4 O&M Manual Pane 1 of 8 Important maintenance procedures The drainage area will be managed to reduce the sediment load to the dry extended detention basin. Immediately after the dry extended detention basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). No portion of the dry extended detention pond will be fertilized after the first initial fertilization that is required to establish the vegetation. The vegetation in and around the basin will be maintained at a height of approximately six inches. If cracks, seepage, or woody vegetation is present, consult a dam safety expert for a dam inspection. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. After the dry detention basin is established, it will be inspected quarterly. Inspection activities shall be performed as follows and any problems identified will be remediated immediately per the table below. BMP element: Potential problem: How to remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive Regrade the soil if necessary to remove the gully, and then plant a ground gullies have formed. cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site. The pipe is cracked or otherwise Replace the pipe. damaged. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Trash/debris is present. Remove the trash/debris. Erosion has occurred or riprap is Provide additional erosion protection such as reinforced turf matting or riprap displaced, if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. STORM -EZ 10/1/15 Verminn 1 4 O&M Manual Pane 2 of 8 Dry Detention Pond Maintenance Requirements (continued) BMP element: Potential problem: How to remediate the problem: The main treatment area Sediment has accumulated and Search for the source of the sediment and remedy the problem if possible. reduced the depth to 75% of the Remove the sediment and dispose of it in a location where it will not cause original design depth (per pond impacts to streams or the BMP. Revegetate disturbed areas immediately design data sheet) with sod (preferred) or seed protected with securely staked erosion mat. Water is standing more than 5 Check outlet structure for clogging. If it is a design issue, consult an days after a storm event. appropriate professional. Weeds and noxious plants are Remove the plants by hand or by wiping them with pesticide (do not spray). growing in the main treatment area. The embankment Shrubs or trees have started to Remove shrubs or trees immediately. grow on the embankment. Grass cover is unhealthy or Restore the health of the grass cover — consult a professional if necessary. eroding. Signs of seepage on the Consult a professional. downstream face. Evidence of muskrat or beaver Use traps to remove muskrats and consult a professional to remove beavers. activity is present. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs renair The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural Resources damage have occurred at the Regional Office. outlet. STORM -EZ 10/1/15 Version 1 4 O&M Manual Pane 3 of 8 Dry D+atention Pond Design Summary': DRY POND ID FOREBAY MAIN POND 1 Temporary Pool EI: 622.3 Temporary Pool EI: 622.3 Clean out depth: 1.65 Clean out depth 1.65 Pretreatment Yes Sediment Storage EI: 620.65 Sediment Storage EI: 620.65 F619 Has Veg. Filter Yes Bottom EI: 619 Bottom EI: DRY POND ID FOREBAY MAIN POND 2 -� Temporary Pool EI: 614.9 Temporary Pool EI: 614.9 Clean out depth: 1.45 Clean out depth: 1.45 Pretreatment Yes Sediment Storage EI: 3.45 Sediment Storage EI: �61 613.45 Has Veg. Filter Yes Bottom EI: 612 Bottom El: 612 DRY POND ID FOREBAY MAIN POND 3 Temporary Pool EI 577.5 Temporary Pool EI: 577.5 Clean out depth: 2.25 Clean out depth: 2.25 Pretreatment Yes Sediment Storage EI: 575.25 F573 Sediment Storage EI: 575.25 Has Veg. Filter Yes Bottom EI: Bottom EI: 573 DRY POND ID FOREBAY MAIN POND 4 Temporary Pool EI: 592.4 Temporary Pool El: 592.4 Clean out depth: 3.2 Clean out depth: 3.2 Pretreatment Yes Sediment Storage El: 589.2 Sediment Storage EI: 589.2 Has Veg. Filter Yes Bottom EI: 586 Bottom EI: 586 DRY POND ID FOREBAY MAIN POND 5 Temporary Pool EI: 581.2 Temporary Pool EI: 581.2 Clean out depth: 3.1 Clean out depth: 3.1 Pretreatment Yes Sediment Storage El: 578.1 Sediment Storage El: 578.1 Has Veg Filter Yes Bottom EI: 575 Bottom El: 575 STORM -EZ 10/1/15 Version 1 4 O&M Manual Pane 4 of 8 r - t... msrX77, _, � n. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the Flushing of sediment through the emergency drain should be minimized to the maximum extent practical. Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive Regrade the soil if necessary to remove the gully, and then plant a ground gullies have formed. cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site. The pipe is cracked or otherwise Replace the pipe. damaged. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to a Search for the source of the sediment and remedy the problem if possible. depth greater than the original Remove the sediment and dispose of it in a location where it will not cause design depth for sediment impacts to streams or the BMP. storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices show Prune according to best professional practices that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. dying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. STORM -EZ 1011/15 Version 1 4 O&M Manual Pace 5 of 8 Wet Detention Pond. Maintiaiiarteenru ntnntaC+ Hued) °. The main treatment area Sediment has accumulated to a Search for the source of the sediment and remedy the problem if possible. depth greater than the original Remove the sediment and dispose of it in a location where it will not cause design sediment storage depth. impacts to streams or the BMP. Algal growth covers over 50% of Consult a professional to remove and control the algal growth. the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow on Remove shrubs immediately. the embankment. Evidence of muskrat or beaver Use traps to remove muskrats and consult a professional to remove beavers. activity is present. A tree has started to grow on the Consult a dam safety specialist to remove the tree. embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural Resources damage have occurred at the Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. STORM -EZ 10/1/15 Version 1 4 O&M Manual Paas 6 of 8 Wet Detention Pond Design Summary WET POND ID FOREBAY MAIN POND 6 Normal Pool EI. 593.5 Normal Pool EI. 593.5 Temporary Pool EI: 597.75 Temporary Pool EI: 597.75 Pretreatment other Clean out depth: 1.58 Clean out depth: 2.12 No than forebay? Sediment Storage EI 591.58 Sediment Storage EI: 590.12 Has Veg. Filter? Yes Bottom EI: 590 Bottom El: 589 STORM -EZ 10/1/15 VPrtion 1 4 O&M Manual PaoP 7 of 8 `. ©ascot= ted"t111itie,nr ous AriatWAMffi-aga=Req[ii sirilAnC� " '., _, Important operation and maintenance procedures: The roof area will be maintained to reduce the debris and sediment load to the system. Excess debris can clog the system and lead to bypass of the design storm, and reduced infiltration and pollutant removal. To ensure proper operation as designed, a licensed Professional Engineer, Landscape Architect, or other qualified professional will inspect the system annually. - The system components will be repaired or replaced whenever they fail to function properly. The system will be visually inspected by the owner/operator at least quarterly. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How to remediate the problem: The captured impervious Excess debris or sediment is Remove the debris or sediment as soon as possible. area present on the rooftop or The gutter system (if Gutters are clogged, or water is Unclog and remove debris. May need to install gutter screens to prevent applicable) backing up out of the gutter future clogging. system. Rooftop runoff not making it into Correct the positioning or installation of gutters. Replace if necessary to gutter system. capture the roof runoff. Rooftop runoff causing erosion Install or repair splash blocks as needed. at outlet. Roadways & parking lots (if Runoff Flows to the pervious area Remove any sediment or obstructuions at the edge of the impervious area, applicable) as concentrated flow. repair gravel verge Energy dissipaters are unever Repair or replace energy dissipater. settled, undercut, eroded or otherwise damaged. The pervious area Erosion is evident Repair the eroded area and stabilize immediately. There is erosion around the end Regrade the soil to create a small berm, and then plant turf grass and water of the pervious area that shows until it is established. Provide lime and a one-time fertilizer application. stormwater has bypassed it. Unintended trees or shrubs have Remove them and re-establish vegetation per the original landscaping plan. begun to grow in the pervious area. Areas of bare soil and/or erosive Regrade the soil if necessary to remove the gully, and then plant with turf gullies have formed. grass and water until it is established. Provide lime and a one-time fertilizer application. Standing water is present 24 Fill shallow depressions with topsoul and seed mix. Regrade the area as hours after rainfall. necessary to reestablish sheet flow across the pervious area. Vegetation is too long. Maintain vegetation at a height of approximately 2 to 6 inches. Property Owner Participation Homeowners have re-routed Provide educational materials to homeowners, and contact neighborhood gutters or otherwise altered the HOA. system in a manner which adversely impacts performance. STORM -EZ 1011115 Versinn 1.4 O&M Manual Pane 8 of 8 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY RECEIVED JAN ~7 2016 January 5, 2016 PAT MCCRORY Governor DONALD R. VAN DER VAART LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Carolina Development Services, LLC Attention: David Cuthbertson, Manager 2627 Brekonridge Centre Drive Monroe, North Carolina 28110 RE: Project Name: Creek's Landing Subdivision Acres Approved: 87.55 Project ID: UNION -2015-110 County: Union, City: Sandy Ridge Address: Weddington Road River Basin: Catawba Stream Classification: Other Submitted By: Carolina Development Services, LLC Date Received by LQS: December 22, 2015 Plan Type: Revised Dear Mr. Cuthbertson: Secretary TRACY DAVIS Director This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A -54.1)(b). Please be aware that your project will be covered by the enclosed NPDES Construction Stormwater General Permit NCG010000. Please become familiar with all the requirements and conditions of this permit in order to achieve compliance. Please be advised that Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Mooresville, Regional Office I 610 East Center Ave Ste 301 I Mooresville, AIC 28115 704 663 1699 T Letter of Approval with Modifications and Performance Reservations Carolina Development Services, LLC January 5, 2016 Page 2 of 3 required by G.S. 113A -61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you have provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Tamera Epl' E, CPESC Assistant R oral Engineer Land Quality Section THE Enclosures: Certificate of Plan Approval Modifications and Performance Reservations NPDES Permit c: Matthew Velkovich, PE, Summit Land Services, PO Box 7442, Charlotte, NC 28241 Inspection Department Letter of Approval with Modifications and Performance Reservations Carolina Development Services, LLC January 5, 2016 Page 3 of 3 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Creek's Landing Subdivision Project ID: UNION -2015-110 County: Union Modifications pursuant to applicable North Carolina General Statutes and/or Regulations: 1. All potentially affected property owners must be notified prior to construction even though the activity is covered under an easement. Copies of landowner -builder or access agreements must be submitted to this office prior to any utility construction, general construction or access onto lands not covered by permanent easement. [G.S. 113A -54.1(a1)] Performance Reservations: Additional measures may be required - The applicant is responsible for the control of sediment on-site. If the approved erosion and sedimentation control measures prove insufficient, the applicant must take those additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B .0115] Additional Comments: 1. This plan approval is for mass grade/installation of infrastructure only. Any homebuilder other than Carolina Development Services, LLC is required to obtain an independent erosion control plan approval, subject to requirements of the Sedimentation Pollution Control Act of 1973 & Associated Rules. CERTIFICATE OF PLAN APPROVAL The posting of this certificate certifies that an erosion and sedimentation control plan has been approved for this project by the North Carolina Department of Environment and Natural Resources in accordance with North Carolina General Statute 113A -- 57 (4) and 113A — 54 (d) (4) and North Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted at the primary entrance of the job site before construction begins and until establishment of permanent groundcover as required by North Carolina Administrative Code, Title 15A, Chapter 4B.0127 (b). S e"Ilh-Xy�5 mal Date of Plan Ap roval W1 Inhb 1r*64-T16A(J VlJlh.N 79W Project Name and Location A144urn NCDENR &A41A17Y lopS-r,40 Regional Engineer CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) January 12, 2015 Mr. Alan Johnson NC DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street 9`I' Floor Archdale Building Raleigh, NC 27603 Subject: Stream Relocation Plan Creek's Landing (DWR #15-1170) Union Co., North Carolina CWS Project No. 2015-3535 Dear Mr. Johnson: The Creek's Landing site is approximately 135 acres in extent and is located south from the intersection of Weddington Road and Airport Road in Union County, North Carolina (Figure 1, attached). The purpose of this project is to develop a residential subdivision in a developing area of Union County, North Carolina. Carolina Development Services, LLC, has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. Per a condition set forth in the issued 401 Water Quality Certification (DWR # 15-1170, attached), a stream relocation plan is necessary to be approved by your office prior to commencing the impacts proposed for the project. Applicant Name: Carolina Development Services; POC: Mr. Johnathan McCall Mailing Address: 6707 Fairview Road, Suite B, Charlotte, NC 28210 Phone Number of Owner/Applicant: 704-401-7185 Street Address of Project: south from the intersection of Weddington Road and Airport Road in Union County, North Carolina Waterway: UTs to East Fork Twelve Mile Creek Basin: Catawba (HUC 03040103) City: Union County Incorporated County: Union Tax Parcel ID numbers: 060-030-23, 060-060-12, and 060-030-15 Decimal Degree Coordinate Location of Project Site: 35.001359°, -80. 655074° USGS Quadrangle Name: Matthews, NC (1988) and Waxhaw, NC (1986) Site Conditions The project area consists mostly of forested land and open fields (Figure 2, attached). Typical on-site vegetation includes willow oak (Quecus phellos), sweetgum (Liquidambar styrac f ua), Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), red maple (Acer rubrum), mockemut hickory (Cwya tomentosa), Japanese honeysuckle (Lonicera japonica), sawtooth blackberry (Rubes argutus), greenbrier (Smilax rotundifolia), Christmas fern (Polystichum acrostichoides), and muscadine (Vitis roduntifolia). NORTH CAROLINA - SOUTH CAROLINA WWW.CWS-INC.NET Creek's Landing January 12, 2015 Stream Relocation Plan CWS Project No. 2015-3535 Purpose and Need for the Stream Relocation There are eight jurisdictional seasonal RPW stream channels (Streams A -H) and four jurisdictional wetlands (Wetlands AA -DD) located within the project area (Figure 3, attached). On -Site streams are unnamed tributaries to East Fork Twelve Mile Creek. The purpose of the project is to develop approximately 35 acres of the 48 acre property into a single-family subdivision consisting of 68 lots (Figures 4, attached). This will result in impacts to jurisdictional waters of the U.S. The original plan for the proposed road crossing was a piped conveyance instead of the currently proposed culvert (Figure 5, attached). This original plan included a 1531f, 30 -inch, "L" -shaped reinforced concrete pipe (RCP) with a 151f rip rap apron at the outlet. Permanent impacts associated with this design totaled 167 linear feet of Stream B. In order to reduce impacts to jurisdictional waters of the U.S., a straight culvert with stream relocation was chosen in lieu of a piped conveyance (Figures 6 and 7, attached). A straight culvert is the favored design as it will maintain aquatic life passage, is easier to maintain, and has a lower potential to clog versus a piped conveyance. Permanent impacts associated with this culvert installation total 1091f of Stream B. Due to a an extreme bend in Stream B, 125 linear feet of temporary impacts is proposed for relocation This relocation will allow for the culvert to be aligned with downstream waters at the outlet, but creates a loss of 151f during the relocation of the existing stream to the relocated stream (Stream 7, attached). In order to maintain minimal impacts, the proposed impacts to Stream B total 249 If, consisting of 109 If of permanent impacts (culvert installation), 125 linear feet of temporary impacts (relocation), and a 15 If net loss (from existing to relocated). Impacts are summarized in Table 1, below. Table 1. Summary of proposed impacts. Jurisdictional Impact Temporary Impacts Feature Type or (linear feet) Impacts (acre) Permanent Road Crossing (Culvert) Permanent 109 0.01 Stream B Stream relocation Temporary 125 0.01 Stream relocation (net permanent 15 0.00 loss of waters Total Permanent Stream Impacts 124 0.01 acre Total Temporary Stream Impacts 125 0.01 acre Total Stream Impacts 2491f 0.02 acre The proposed culvert is a 100 -linear foot, 30 -inch reinforced concrete pipe (RCP) with headwalls at both the inlet and outlet of the culvert. The proposed culvert will be buried at least six inches below the bed of the channel to allow passage of aquatic life and maintain low flows. Impacts associated with the straight culvert design were reduced through the use of headwalls at the inlet and outlet of the proposed culvert in order to minimize the length required for the proposed crossing. The proposed culvert is also designed to maintain bankfull channel dimensions upstream and downstream of the proposed culvert. In -stream structures will provide stabilization and prevent upstream incision, as necessary. Natural coconut matting, riparian seed, and native plants will be installed on both sides of the relocated Stream B for bank stabilization and erosion control. Vegetation species will be chosen to fit in with the existing plant community, as well as add diversity, particularly in the riparian zone. Currently, much of the riparian area is dominated by invasive Chinese privet. Chinese privet and other invasive species such as Japanese honeysuckle will be removed and/or treated. Creek's Landing January 12, 2015 Stream Relocation Plan CWS Project No. 2015-3535 All channel work will be constructed in the dry in accordance with Water Quality Certification No. 3890. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Methods A geomorphic survey was performed by CWS scientists Kelly Thames, Wetland Professional in Training (WPIT), Kaitlin McCulloch, Staff Scientist 1, and Ben McGuire, Staff Scientist I on December 28, 2015. This assessment included a longitudinal profile and representative cross sections of the existing stream channel (Figures 8 — 11, attached). Due to the extreme bend in Stream B, the relocation is necessary in order to align the proposed culvert with downstream waters. The stream relocation plan proposes for Stream B to exit the proposed culvert and flow for a relocated 125 if to a logical tie-in point downstream. This plan ultimately reduces permanent stream impacts from 2491f to 1241f. Stream B exhibits stable characteristics and was determined a good reference reach to survey for the relocated design. A longitudinal profile and cross sectional surveys were performed on a representative riffle and a representative pool feature (Figures 9 — 11, attached). The average drainage area for Stream B is approximately 0.064 square miles (41.16 acres), channel slope averages 0.018 ft/ft, and sinuosity is 1.17 ft/ft. Bankfull width and mean depth for this reach are 4.92 feet and 0.39 feet, respectively, with a bankfull area of 1.91 sq. ft. and width/depth ratio of 12.66. The flood prone width for this reach is 10 feet and greater. Application of Rosgen Level II Stream Classification to a representative riffle section identified Stream B as a C type channel (Table 2, below). Stream Desijn CWS developed a stream design for the relocation of Stream B downstream of the culvert installation based on existing channel conditions (Figure 7, attached). This design will improve the goals of the project and enhance future water quality by adding sinuosity to reduce sheer stress, increasing the quality of epifaunal substrate, and enhancing the buffer with native riparian plantings. The old channel will be filled and planted. Typical cross sectional dimensions for the relocation will be based on the existing cross sectional dimensions (Figure 12, attached). A longitudinal profile was developed for the relocation to exit the proposed culvert and tie-in to the existing channel at a logical downstream location (Figure 13, attached). Creek's Landing January 12, 2015 Stream Relocation Plan CWS Project No. 2015-3535 Table 2. Summary of Existing and Design Stream Conditions Parameter Existing Proposed Riffle Proposed Pool Length of Evaluated (ft.) 352 125 Channel Dimensions Bankfull Width (ft.) 4.92 5 5 Mean Bankfull Depth (ft.) 0.39 0.39 0.70 Width/Depth Ratio 12.66 12.66 5.87 Bankfull Area (sq. ft.) 1.91 1.91 2.86 Bankfull Maximum Depth (ft.) 0.76 0.76 1.17 Width Floodprone Area (ft.) >10 >10 >10 Entrenchment Ratio 2.13 2.13 7.32 Channel Pattern Sinuosity 1.17 1.21 Channel Profile Channel Slope 0.018 0.035 Rosgen Stream Type C C CWS will utilize a pump around to work in the dry and apply other erosion and sediment control techniques to minimize sediment escape from the site during construction. These techniques include employing coir fiber logs within the channel bed immediately downstream of the construction area. These logs are meant to temporarily prevent downstream sediment migration and will be removed once the channel has been stabilized with matting. The relocated channel reach is designed to have profile and dimension similar to the upstream reach, however it has been designed with added sinuosity. The restored stream will have similar channel stability and dimensions to the original channel, as well as provide an uplift of aquatic function by providing a higher quality riparian buffer through planting native plants and controlling invasive plant species. The improvements to the relocated stream are designed to minimize erosion, downstream sediment accumulation, and downstream scouring by redirecting flow and reducing sheer stress. Planting Plan Natural coconut matting (coir matting), native seed mix, live stakes, and native plants will be installed on both sides of Stream B in various zones for bank stabilization and erosion control. Vegetation species will be chosen based on the existing plant community and to add species diversity, particularly in the riparian zone. Stream banks consist of three zones: 1) lower stream banks, 2) upper stream banks, and 3) riparian buffer (Figure 14, attached). Revegetation of the area directly adjacent to the relocated channel is especially important to prevent erosion, downstream sedimentation, and provides important water quality and habitat services. Wetland plant species such as silky dogwood (Cornus amomum), river birch (Betula nigra), black willow (Salix nigra), and soft rush (Juncus effusus) will be planted on the lower stream banks (Zone 1, approximately 506 square feet [sf]). Black willow and clusters of soft rush will be planted on outside stream bends for dense rooting and erosion control. Upper stream banks (Zone 2, approximately 782 sf) will be planted with other moisture -tolerant species such as green ash and red maple. The riparian buffer (Zone 3, approximately 9,474 sf) will be planted with 4 Creek's Landing January 12, 2015 Stream Relocation Plan CWS Project No. 2015-3535 species such as ironwood, slippery elm, and spicebush (Lindera benzoin). All disturbed areas will be seeded with temporary and permanent native riparian and wetland seed mixes, and stream banks will be matted with natural coconut matting. Planting plan details are summarized in Table 3 (below) and Figure 13 (attached). Table 3. Proposed Planting Plan, Old Blair's Mill Stream Relocation Project Zone 1 - Lower Stream Banks (506 sq ft Common name Botanical name Size Spacing # of Plants Soft rush Juncus effusus Plug 3' O.C. 100 Silky dogwood Cornus amomum Live stake T O.C. 45 Black willow Salix nigra Live stake T O.C. 45 Elderberry Sambucus canadensis Live Stake T O.C. 45 Zone 2 - Upper Stream Banks (782 sq ft) Common name Botanical name Size Spacing # of Plants Green ash Fraxinus pennsylvanica Bare root T O.C. 20 River birch Betula nigra Bare root 4' O.C. 20 Red maple Acer rubrum Bare root 4' O.C. 20 Zone 3 - Riparian Buffer 9,474 sq ft Common name Botanical name Size Spacing # of Plants S icebush Lindera benzoin One Gallon 8' O.C. 148 Green ash Fraxinus pennsylvanica One Gallon 10' O.C. 25 Red maple Acer rubrum One Gallon 10' O.C. 25 Ironwood Carpinus caroliniana One Gallon 10' O.C. 25 Slippery elm Ulmus rubra One Gallon 10' O.C. 25 Creek's Landing January 12, 2015 Stream Relocation Plan CWS Proiect No. 2015-3535 On behalf of Carolina Development Services, CWS is submitting this stream relocation plan in order to satisfy the conditions required by the Section 401 Water Quality Certification. Please do not hesitate to contact me at 704-408-1683, or through email at gregg@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Aur, c- . Ah—X ,— Gregg Antemann, PWS Professional Wetland Scientist WET V. S147P NO.W iyZZ :tel fa� '''x'Cl/ Kelly Thames, WPIT Project Scientist Attachments: Figure 1. USGS Site Location Map Figure 2. Aerial Imagery Map Figure 3. Approximate Jurisdictional Boundary Field Map Figure 4. Overall Site Plan Figure 5. Originally Proposed Impacts Figure 6. Proposed Impacts Overview Figure 7. Proposed Stream Relocation Plan Figure 8. Geomorphic Survey Overview Figure 9. Existing Cross Section - Pool Figure 10. Existing Cross Section - Riffle Figure 11. Existing Longitudinal Profile Figure 12. Typical Cross Section Figure 13. Proposed Longitudinal Profile Figure 14. Planting Plan 401 Water Quality Certification (DWR # 15-1170) cc: Mr. Johnathan McCall, Carolina Development Services l� SUMMIT CHARLOTTE, SERVICES, 7442 NC 28211 ww P.0 62-8.1 Dn a C-Laet11S I� - /Y / 1 • .`4• POINT OF COMMENCEMENT �1 NGS MONUMENT 6$3522 E GRID 0 NCL 00RD5.(NA063 2011) N(Y) 473,3 ¢ MH j I h / J �. • Q�• RASWE 2 q 6.86 TFT POND 1 ) E(%) 1,519,684.02 TFT ZO E / I 5 • �^ �f � � \ \ ~ \ \'.. ✓`�[1' �1 X34..�� ; 35 / r \ \ i i I ,TRACT 11 -`f�� 13131 1 37 f \\ 158 159 160 161 162 163 164 !' 11- 960-030-15 3 1 1 � Q 38 \ 7' _ wF 1 _ PHA UNE 157 166 -� �,, y • fiy W -00 -cm 2A895 Aass 39 j \ _ _ m "' ,NiES F ! 975 9/_ _ _ 1 q0 \ (/FIST ILEOCREEK ice- - / - - _ _ ❑ ❑ O/ , q J V6 l �• I� 03 4�1 - SE . r \ �a ` V POND 2= d" • 38g. \ 4 +� 168 �1 32 \ a ��a I ✓ / \O GT !!l_-- , 1v/�wF • T 1 1 \135 \ / Yc a 0-030-23 es E POND 3 \ //155 154 A Aa\35 16s6 2 0o 19802' 201 200 199 \\ 170 228 126 sf �' • 1 1 lP/aerna �, 1 IGl 134 \1 \ � z , 30 171 N N/% 1 MND P! 1 N ac�aao a emus 7 1 Y w smLaNr 11 tIe rau PD Jsa ^^p t 133 1 1 I 172. � N• PAAIEP f � I 196 \ O i� i ant PD 7A ` t ibnnnm lilvlllll I , 60 try \\ 84 86 2 4H 265 26490 x`95 .. \•. �a � I �1 132 1 J� \ - - 91 92 : � ^ 81/ n 9 76 0 77 7` 5,' \ \ \� 94 pf-0017-IJf ls. \ 74, \ 9E OB IeRT PG.W 3 � ..� / \ LOFJ7 LOT X L LOT U6 ` L�r J1 \ PNASE Y YAP ! int 72 (Ne N PD !J � ✓J _ LOT JO 71 70✓ ^\ ^ Lm E 9 w F_ �yL� \ Z 67, g= t Cj, LOT Lar 25 - - ' LaT m -F. sow LosRl \�! LOTH aid°W ow - Seo L07 u8�i¢ojao aug PDT1. w ggR o18 °�yga °mt �z°�,aa�E:oa�,a�iEo w Project Limits < NIP N �Xaau W ac W am PD eP7 48 47 \t 52 51 50 49 \ I 53 i F,01 'ROPERTY LINELM EEK TRI _ V FOR ELVE1 � CREEK TRIBUTA I i CURVE ARC LE f1ADN DELTA AN CHORD BEARING CHORp LENGTH70 W f� 131, I/A'� i 259,95N� 523.D05 28°22'll'GLE 533°36'28" W 25].30' U U 130 %. , l O i 129 I ► c CFS Z f OZ o 5 128 OW�OLO-iNi HSW FO y F AAY.q ® W � J / 1Cp 24 ��-�� 1' I i! IMDRSgY LLO p py _ ( w r- ' 121 f23 I ^ o 126 1 '/ O PROJECT. L22 J 125 11 `------- 1 44 ,20 123 A19 \;� 11 122 A 1119 120 ( \ / / �\., - ------ Q La pq , 44 46 z Cn POND 6 FARAM OSN FNr15 LLC ow FG 1`02SHEET' f�/ice �i LLJ .w — Z W TM St;a'! 1(' 3GVLh; O W ODns PD 0503 RIG. PROJ. DATE 06-01-201` SCALE 1"=150' 25'x25' SIGHT TRIAN 25'x25' SIGHT TRIANGLE - `' DRAWN BY RJC 10x70' SIGHT DISTANCE 10'x70SIGHT DISTANCE CHECKED By MG7 ��....... FIG. -- -- - — r ose Impacts Overview W _ _op i,. F�c��S'�A 2 3 TOf N g1'51'3�� E ',i° C/0 522.25' ♦ .. �.�` I _ _ I (// X07 \ (' L106 ° 7 • o �y m PD 30 1 / l� SUMMIT CHARLOTTE, SERVICES, 7442 NC 28211 ww P.0 62-8.1 Dn a C-Laet11S I� - /Y / 1 • .`4• POINT OF COMMENCEMENT �1 NGS MONUMENT 6$3522 E GRID 0 NCL 00RD5.(NA063 2011) N(Y) 473,3 ¢ MH j I h / J �. • Q�• RASWE 2 q 6.86 TFT POND 1 ) E(%) 1,519,684.02 TFT ZO E / I 5 • �^ �f � � \ \ ~ \ \'.. ✓`�[1' �1 X34..�� ; 35 / r \ \ i i I ,TRACT 11 -`f�� 13131 1 37 f \\ 158 159 160 161 162 163 164 !' 11- 960-030-15 3 1 1 � Q 38 \ 7' _ wF 1 _ PHA UNE 157 166 -� �,, y • fiy W -00 -cm 2A895 Aass 39 j \ _ _ m "' ,NiES F ! 975 9/_ _ _ 1 q0 \ (/FIST ILEOCREEK ice- - / - - _ _ ❑ ❑ O/ , q J V6 l �• I� 03 4�1 - SE . r \ �a ` V POND 2= d" • 38g. \ 4 +� 168 �1 32 \ a ��a I ✓ / \O GT !!l_-- , 1v/�wF • T 1 1 \135 \ / Yc a 0-030-23 es E POND 3 \ //155 154 A Aa\35 16s6 2 0o 19802' 201 200 199 \\ 170 228 126 sf �' • 1 1 lP/aerna �, 1 IGl 134 \1 \ � z , 30 171 N N/% 1 MND P! 1 N ac�aao a emus 7 1 Y w smLaNr 11 tIe rau PD Jsa ^^p t 133 1 1 I 172. � N• PAAIEP f � I 196 \ O i� i ant PD 7A ` t ibnnnm lilvlllll I , 60 try \\ 84 86 2 4H 265 26490 x`95 .. \•. �a � I �1 132 1 J� \ - - 91 92 : � ^ 81/ n 9 76 0 77 7` 5,' \ \ \� 94 pf-0017-IJf ls. \ 74, \ 9E OB IeRT PG.W 3 � ..� / \ LOFJ7 LOT X L LOT U6 ` L�r J1 \ PNASE Y YAP ! int 72 (Ne N PD !J � ✓J _ LOT JO 71 70✓ ^\ ^ Lm E 9 w F_ �yL� \ Z 67, g= t Cj, LOT Lar 25 - - ' LaT m -F. sow LosRl \�! LOTH aid°W ow - Seo L07 u8�i¢ojao aug PDT1. w ggR o18 °�yga °mt �z°�,aa�E:oa�,a�iEo w Project Limits < NIP N �Xaau W ac W am PD eP7 48 47 \t 52 51 50 49 \ I 53 i F,01 'ROPERTY LINELM EEK TRI _ V FOR ELVE1 � CREEK TRIBUTA I i CURVE ARC LE f1ADN DELTA AN CHORD BEARING CHORp LENGTH70 W f� 131, I/A'� i 259,95N� 523.D05 28°22'll'GLE 533°36'28" W 25].30' U U 130 %. , l O i 129 I ► c CFS Z f OZ o 5 128 OW�OLO-iNi HSW FO y F AAY.q ® W � J / 1Cp 24 ��-�� 1' I i! IMDRSgY LLO p py _ ( w r- ' 121 f23 I ^ o 126 1 '/ O PROJECT. L22 J 125 11 `------- 1 44 ,20 123 A19 \;� 11 122 A 1119 120 ( \ / / �\., - ------ Q La pq , 44 46 z Cn POND 6 FARAM OSN FNr15 LLC ow FG 1`02SHEET' f�/ice �i LLJ .w — Z W TM St;a'! 1(' 3GVLh; O W ODns PD 0503 RIG. PROJ. DATE 06-01-201` SCALE 1"=150' 25'x25' SIGHT TRIAN 25'x25' SIGHT TRIANGLE - `' DRAWN BY RJC 10x70' SIGHT DISTANCE 10'x70SIGHT DISTANCE CHECKED By MG7 ��....... FIG. I , 60 try \\ 84 86 2 4H 265 26490 x`95 .. \•. �a � I �1 132 1 J� \ - - 91 92 : � ^ 81/ n 9 76 0 77 7` 5,' \ \ \� 94 pf-0017-IJf ls. \ 74, \ 9E OB IeRT PG.W 3 � ..� / \ LOFJ7 LOT X L LOT U6 ` L�r J1 \ PNASE Y YAP ! int 72 (Ne N PD !J � ✓J _ LOT JO 71 70✓ ^\ ^ Lm E 9 w F_ �yL� \ Z 67, g= t Cj, LOT Lar 25 - - ' LaT m -F. sow LosRl \�! LOTH aid°W ow - Seo L07 u8�i¢ojao aug PDT1. w ggR o18 °�yga °mt �z°�,aa�E:oa�,a�iEo w Project Limits < NIP N �Xaau W ac W am PD eP7 48 47 \t 52 51 50 49 \ I 53 i F,01 'ROPERTY LINELM EEK TRI _ V FOR ELVE1 � CREEK TRIBUTA I i CURVE ARC LE f1ADN DELTA AN CHORD BEARING CHORp LENGTH70 W f� 131, I/A'� i 259,95N� 523.D05 28°22'll'GLE 533°36'28" W 25].30' U U 130 %. , l O i 129 I ► c CFS Z f OZ o 5 128 OW�OLO-iNi HSW FO y F AAY.q ® W � J / 1Cp 24 ��-�� 1' I i! IMDRSgY LLO p py _ ( w r- ' 121 f23 I ^ o 126 1 '/ O PROJECT. L22 J 125 11 `------- 1 44 ,20 123 A19 \;� 11 122 A 1119 120 ( \ / / �\., - ------ Q La pq , 44 46 z Cn POND 6 FARAM OSN FNr15 LLC ow FG 1`02SHEET' f�/ice �i LLJ .w — Z W TM St;a'! 1(' 3GVLh; O W ODns PD 0503 RIG. PROJ. DATE 06-01-201` SCALE 1"=150' 25'x25' SIGHT TRIAN 25'x25' SIGHT TRIANGLE - `' DRAWN BY RJC 10x70' SIGHT DISTANCE 10'x70SIGHT DISTANCE CHECKED By MG7 ��....... FIG. Seasonal RPW B - 167 If permanent impacts (pipe) 153'30 -inch RCP piped conveyance ° IJ F ° ° ° l' Alternative Plan View Figure % Creek's Landing Union Co., North Carolina 5 (' CWS Project No. 2015-3535 SD 1155-154 PROFILE 0+00 1+00 2+00 Proposed Impacts - Plan View and Profile Legend Proposed Culvert Proposed Impact �.�.... Proposed Steam Relocation Proposed Relocated Stream ...... . Avoided Seasonal Stream Avoided Perennial Stream LEGEND DETAIL DETAIL SYMBOL DESCRIPTION 9� 9� PROPERTY LINE — — RIGHT-OF-WAY LINE EXISTING NRB LINE — GENERAL PUBLIC UTILITY EASEMENT ----'- ----- EXISTING MINOR CONTOUR 1 EXISTING MAIOR CONTOUR 722 PROPOSED MINOR CONTOUR 720 PROPOSED MAJOR CONTOUR PROPOSED R.C.P. ... PROPOSED STORM DRAINAGE MANHOLE C PROPOSED CATCH BASIN CD PROPOSED FLARED END SECTION PROPOSED RIP -RAP APRON GY,AP111C SCALL' 1 IA tGY'I I nrh — Asn lr. 90MMR m sEJmcE9, x. o -91z9 /44&' SUMMIT ND SERVICES, P.0 I"...... 9161 OFFlCE:)1212"1 W W W.SUMMRLOMPANIE9.COM REVISIONS' LJJ CI) z Q Q z � � z z_ o Q C� :2i El- U) Fig. 6 SCALE: 1" : 50' DATE: 10-26-15 11 Proposed Stream Relocation FIGURE NO. CWS PROJECT NO: DRAWN BY: AVH / 7 2015-3535 Creek's Landing APPLICANT NO: CHECKED BY: CAROLINA Union Co., North Carolina KMT WETLAND SERVICES CWS Project No. 2015-3535 590 589 588 0 587 586 w 585 584 0 Crngq ',�ectinn 1- Pool 5 10 15 20 25 30 35 40 45 50 Station (ft.) ----- Bankf ill Width ----- Flood -Prone Width x Water Surface Parameter Existing Condition Bankfull Width ft. 1.1 Mean Bankfull Depth ft. 0.7 Width/Depth Ratio 5.87 Bankfull Areas . ft. 2.86 Bankfull Maximum Depth ft. 1.17 Width of Floodprone Area ft. > 33 Entrenchment Ratio 7.32 Sinuosity 1.17 Water Surface Slo aft./ft. 0.018 Ros en Stream Type E SCALE: n/a DATE: 1-6-2016 Representative Cross Section - Pool FIGURE NO. CWS PROJECT NO. 2015-3535 DRAWN BY: KMT creeks Landing APPLICANT NO: CHECKED BY: CAROLINA Monroe, North Carolina 9- GCA WETLAND SERVICES CWS Project No. 2015-3535 Cross Section 2- Riffle 589 588 587 0 ----------------- -------- 586 585 584 0 5 10 15 20 25 30 35 40 Station (ft.) Bankfull Width — — - Flood -Prone Width )— Water Surface Parameter Existing Condition Bankfull Width (ft.) 4.92 Mean Bankfull Depth (ft.) 0.39 Width/Depth Ratio 12.66 Bankfull Area (sq. ft.) 1.91 Bankfull Maximum Depth (ft.) 0.76 Width of Floodprone Area (ft.) 10.47 Entrenchment Ratio 2.13 Sinuosity 1.17 Water Surface Slope (ft./ft.) 0.018 °Rosgen Stream Type C SCALE: n/a DATE : 1-6-2016 CAROLINA Representative Cross Section - Riffle l�l(iURk: ivc '. /1 O 1 CWS PROJECT NO: 2015-3535 DRAWN BY: KMT15 Creek's Landing Monroe, North Carolina CWS Project No. 2015-353 APPLICANT NO: CHECKED BY: GCA WETLAND SERVICES o•oo� LL " O'SLZ m 1Jj x I �'�Sz CO O'SZZ J O'OOZ LL � Y m ' 0'SL T � a O " p� 4o•osT .01 o m OBJ O � . x � O'SZI b� O �JO 00 . . � a ' 0.00I �� Ou � 0'SL 0'OS o, o� a a, o0 0o ao 00 00 00 M 00 N 0 rl 00 00 � � r �O r � � (;aa�) uo�;ueai� a� >F � �l 0'SZ I 1 1 1,41 1 1 0'0 .1 _U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . 0 0 0 . . M . . N O� 00 . l� . �O In . IT . . . . SCALE: n/a DATE: 1-6-2016 is CAROLINA Longitudinal Profile FIGURE NO. 11 CW5 PROJECT NO: 2015-3535 DRAWN BV: KMT Creek's Landing Monroe, North Caro lina APPLICANT NO: CHECKED BY: GCA WETLAND SERVICES CWS Project No. 2015-3535 o, o� a a, o0 0o ao 00 00 00 M 00 N 0 rl 00 00 � � r �O r � � (;aa�) uo�;ueai� Typical Cross Section Bankfull width 6' Bankfull Depth 0.76' 0 � 10 l? _'0 Distance (ft.) --- - Bankhill Width SCALE: n/a DATE: 1-6-2016 I CAROLINA WETLAND SERVICES Typical Cross Section I"'"ISI` NO 12 CWS PROJECT NO: 2015-3535 DRAWN BY: KMT Creek's Landing Monroe, North Carolina CWS Project No. 2015-3535 APPLICANT NO: CHECKED BY: GCA Typical Cross Section Bankfull width 6' Bankfull Depth 0.76' 0 � 10 l? _'0 Distance (ft.) --- - Bankhill Width V N r C iNa m Om m i P Cz N Wo v, Longitudinal Profile -Relocation W v, 593.0 592.0 591.0 --- ----- - --- - S m X S D o m � 590.0 - N 589.0 D i o rn 588.0 584.0 c 583.0 587.0 582.0 "- 586.0 • x � � 581.0 p 585.0 � i � A A 580.0 ----- 579.0 i � Z� 578.0 70 42, 577.0 n. <Z 576.0 a > 575.0 0 0 0 0 0 0 0 0 0 0 0 0 O N N N N N M Station (feet) Water Surface —� Existing Thalweg RTOB LTOB -- RBKF LBKF — — — Proposed Thalweg t" 0 a as y, a Rz� b O Q b O m G N O 00 �C No 0 w m � N � a N w x 0 584.0 c 583.0 582.0 "- X � 581.0 W 580.0 579.0 � 578.0 577.0 576.0 575.0 0 0 0 0 0 0 0 0 0 0 0 0 O N N N N N M Station (feet) Water Surface —� Existing Thalweg RTOB LTOB -- RBKF LBKF — — — Proposed Thalweg Creek's Landing November 3, 2015 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Proiect No. 2015-3535 M Creek's Landing November 3, 2015 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Project No. 2015-3535 Photograph E. View of Seasonal RPW C, facing upstream. Photograph F. View of Seasonal RPW D, facing upstream. Creek's Landing November 3, 2015 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Project No. 2015-3535 Photograph G. View of Seasonal RPW E, facing upstream. Photograph H. View of Seasonal RPW F, facing upstream. IV Creek's Landing November 3, 2015 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Project No. 2015-3535 Photograph 1. View of Seasonal RPW G, facing upstream. Photograph I2. View of Seasonal RPW G, facing downstream. Creek's Landing November 3, 2015 Pre -Construction Notification to Nationwide Permit No. 29 and WOC 3890 CWS Project No. 2015-3535 Photograph J. View of Wetland AA, facing west. Photograph K. View of Wetland BB, facing west. VI Creek's Landing November 3, 2015 Pre -Construction Notification to Nationwide Permit No. 29 and WQC 3890 CWS Project No. 2015-3535 Photograph L. View of Wetland CC, facing north. Photograph M. View of Wetland DD, facing north. vu