20131016 Ver 1_401 Application_20130913

20 13 10 16
C71)
September 17, 2013
N.C. Division of Water Resources, Webscape Unit
512 North Salisbury Street
Raleigh, NC 27604
To whom it may concern:
Please accept the enclosed Nationwide Permit 27 application for stream impacts
associated with the proposed Monteith Park Mitigation Site in Huntersville, NC.
The application fee of $570 is attached. Per the online guidance, an application fee
of $570 and five copies of the application packages are included (three copies of the
site design plan are 11x17 and two copies are full size). Each application package
includes the Pre - Construction Notification (PCN) Form, the USGS Topographic Map,
the NRCS Soil Survey Map, a vicinity map, existing conditions map, 2 -foot contour
map, and complete design plan. Also, per communication with the U.S. Army Corps
of Engineers, two copies of this application package are being sent to Mr. Steve
Kichefski in the Asheville Regulatory Office.
Thank you in advance for your time and consideration. If you need additional
information, please do not hesitate to contact me (information below) or Adam
McIntyre, the project manager, at 919 - 239 -8904.
Sincerely,
+Asleyybernethy
Cardno ENTRIX
919 - 999 -4036
ashley.abernethy @cardno.com
Enc.
Australia • Belgium • Canada • Ecuador • Indonesia • Kenya • New Zealand - Papua New Guinea
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Cardno ENTRD(
5400 Glenwood Avenue
Suite G-03
Raleigh, NC 27612
USA
Phone [phone]
Toll -free 800 368 7511
Fax [phone]
www.cardno.com

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
X❑ Section 404 Permit '� ❑ Section 10 Permit ;i
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
Q Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes Q No
For the record only for Corps Permit:
❑ Yes Q 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 Q No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes Q No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a. Name of project:
Monteith Park Mitigation Site
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Town of Huntersville
2d. Subdivision name:
Monteith Park
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Monteith Conservation Easement Holdings, LLC
3b. Deed Book and Page No.
24338 -985
3c. Responsible Party (for LLC if
applicable):
Adam McIntyre D IN NA
3d. Street address:
5400 Glenwood Ave., Ste. G -03
3e. City, state, zip:
Raleigh, NC 27612 Q 20
3f. Telephone no.:
919 - 239 -8900
3g. Fax no.:
919 - 239 -8900 Atl
adam.mcintyre @cardno.com
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
'D
1
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4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
S. Agent/Consultant Information (if applicable)
5a. Name:
Adam McIntyre
5b. Business name
(if applicable):
Cardno ENTRIX
5c. Street address:
5400 Glenwood Ave., Ste. G -03
5d. City, state, zip:
Raleigh, NC 27612
5e. Telephone no.:
919 - 239 -8900
5f. Fax no.:
919- 239 -8913
5g. Email address:
adam.mcintyre @cardno.com
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Multiple
1b. Site coordinates (in decimal degrees):
I Latitude: 35.428282 Longitude: -80.85656
1c. Property size:
11.2 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
UT to Torrence Creek
2b. Water Quality Classification of nearest receiving water:
WS -IV
2c. River basin: 71Catawba
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:
Located in an area of medium density development and maintained open space. Vegetative community along the stream has been maintained close
to the top of the bank resulting in little to no riparian buffer. In- stream habitat consists of homogenous runs with very few riffles and pools. Bed
substrates consist primarily of sand and sediment.
3b. List the total estimated acreage of all existing wetlands on the property: 0.1
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,574
3d. Explain the purpose of the proposed project:
To establish compensatory mitigation banking credits to be held under the City of Charlotte's Umbrella Mitigation Bank. Credits will be established
through the successful Priority 1 restoration of 3,830 linear feet of first order perennial stream, the implementation of BMP's for TSS and nutrient
removal- anti the rartoratoon of up to 1-73 acres of Piedmont Rnttomland Foraqt Wetlandq aq dAncrihad by Shafela and Weaklay (19901-
3e. Describe the overall project in detail, including the type of equipment to be used:
Restoration will follow the principles of natural channel design; specific project details are provided in the site plans. The project is scheduled for
construction in fall of 2013. Anticipated equipment that will be used include a front end loader, back hoe, track hoe and material transport including
flat bed semis and dump trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑x Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
E9 Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
IRT members have visited the site several times to discuss restoration potential.
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Oyes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands Q 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 impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary
W1 T
Enhancement
Headwater Wetland
Yes
Corps
0.1
W2
W3
W4
W5
W6
2g. Total Wetland Impacts:
0.1
2h. Comments:
Minor, temporary impacts are expected for the existing W1 during stream restoration. Activity in and near W1 will be limited, but some draining may
occur from upstream relocation activities.
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 (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary M
(feet)
feet)
S1 T
Restoration
Monteith Creek
PER
Corps
6
2,574
S2
S3
S4
S5
S6
3h. Total stream and tributary Impacts
2,574
3i. Comments:
Restoration will occur throughout entire length of Monteith Creek. Temporary impacts to the perennial channel will occur in the form of re- alignment,
fill, stabilization, channel relocation, and buffer enhancement.
Page 4 of 10
PCN Form — Version 1.4 January 2009

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.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments: No open water impacts occur on site.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
No pond or lake impacts on site.
5h. is a dam high hazard permit required?
❑ Yes Q 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. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico Q Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
61 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments: Monteith Creek does not have buffer regulations.
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project is designed to restore and enhance hydrological and ecological function of Monteith Creek. Temporary impacts will be limited only to
areas that are part of the restoration. A sediment and erosion control plan has been designed to comply with the NC Sedimentation Pollution Control
Act and the Federal Clean Water Act. Aspects of the sediment and erosion control plan include proper construction sequence, delineated construction
access and staging areas, and post - grading stabilization of stream banks.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction of the stream channel will be conducted in the dry as much as is feasible. When construction must occur in- channel, pump - around
methods will be employed to reduce sediment inputs. All stockpile and staging areas will contain temporary sediment basins and silt fencing to divert
flow to sediment basins during construction. After construction, temporary staging and stockpile areas will be returned to their pre - construction
conditions. Please see site plans for further information.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑x No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitl ation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
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:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
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.
Page 6 of 10
PCN Form — Version 1.4 January 2009

S. 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?
E] Yes ❑X 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 7 of 10

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 Q 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.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0
2b. Does this project require a Stormwater Management Plan?
❑ Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
This is a stream restoration project. No impervious surfaces will be created with this project, nor will the system's hydrology change as a result of the
project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for-the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. in which local government's jurisdiction is this project?
Mecklenburg County
❑ Phase II
❑ NSW
3b. Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes 0 No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state - implemented stormwater management programs apply
ORW
(check ail that apply):
HSession Law 2006 -246
[]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes Q No
attached?
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
0 Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal /statenocal) funds or the
❑ Yes Q No
use of public (federal /state) land?
1b. 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
❑ Yes ❑ No
letter.)
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 X❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑Yes ❑X 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 Q 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 restoration of stream and wetland will not lead to additional development. The project area is protected by a conservation easement that prohibits
development in perpetuity. One goal of the project is to improve water quality by restoring hydrological function of wetland and stream in an impacted
system.
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.
No wastewater generated.
Page 9 of 10
PCN Form — Version 1.4 January 2009

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 XQ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program's online database and multiple site visits
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
In North Carolina, salt marshes, oyster reefs, and seagrass beds are designated EFH for red drum and penaeid shrimp. This project will affect fresh
water in the Piedmont Physlographic Province of NC.
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 XD 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?
NC State Historic Preservation Office (http: / /gis.ncdcr.govlhpoweb)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? T-Eg
Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
The downstream portion of the site flows through a FEMA 100 -year floodplain for Torrence Creek Trib #1. Per David Love of Charlotte - Mecklenburg
Stormwater Services, the project will be permitted under a General F000dplain Development Permit due to the nature and limited extent of the
proposed work in the floodplain. There will be no paper application form or permit issued. Excess material from the channel relocation will be
removed from the Community Flood Fringe Area.
8c. What source(s) did you use to make the floodplain determination?
www.ncfloodmaps.com; correspondence with Charlotte- Mecklenburg Stormwater Services
Adam V. McIntyre
z9 �./ <-?
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

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Conservation Easement/Project Location
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Hydrography
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N Scale 1:24,000 r Vicinity Map _
0 1,000 2,000 Feet
0 330 660 Meters
Imagery: Bing Maps Coordinate System: NAD 1983 UTM Zone 17N J This map and all data contained within are supplied as Is with no warranty. Cardno ENTRIX, Inc expressly disclaims responsibility for damages or
Hydrography: Nat'l projection: Transverse Mercator habit ty from any claims that may arise out of the use or misuse of this map. It is the sole responsibility of the user to determine it the data on this map
Hydrography Dataset meets the user s needs. This map was not created as survey dsurvey
data, nor should �t be used as such It is the user s responsibility to obtain proper su
Datum North American 1983 data, prepared by a licensed surveyor, where required by law

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N Scale 1:4,000 Existing Conditions
0 176 360 Feet
0 so 100 Meters
Imagery. Bing Maps
Hydrography. Nat'l Coordinate System: NAD 1983 UTM Zone 17N Thus map and all data contained within are supplied as is with no warranty. Cardoo ENTRIX, Inc. expressly disclaims responsibility for damages or
Hydrography Dataset projection. Transverse Mercator liability from any claims that may arise out of the use or misuse of this map. It is the sole responsibility of the user to determine if the data on this map
Wetlands: USFWS NW Datum. North American 1983 meets the user's needs. This map was not created as survey data. nor should it he used as such. It is the user's responsibility to obtain proper survey
Aala, prepared by a licensed surveyor• where required by law.
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GIS Analyst: ashley.abernethy