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HomeMy WebLinkAbout20040665 Ver 1_401 Application_20141223ot WAZo G O O < t) or -o6�S Y3 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: ❑ Section 404 Permit ° ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular Q 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 ❑ 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 ❑X No 1g. 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 Q No 2. Project Information 2a. Name of project: University Crossing 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: University Investors LLC C/o Lincoln Harris LLC 3b. Deed Book and Page No. Book 28782 Page 68 3c. Responsible Party (for LLC if applicable): John W. Harris, III 3d. Street address: 4725 Piedmont Row Drive, Ste 800 3e. City, state, zip: Charlotte, NC 28210 rd 3f. Telephone no.: (704) 714 -7654 3g. Fax no.: (704) 716 -8600 3h. Email address: joharris@lincolnharris.com W90antls8ler Branch Page 1 of 10 PCN Form — Version 1.4 January 2009 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: 5. Agent/Consultant Information (if applicable) 5a. Name: Eric J. McClanahan/David E. Valentine 5b. Business name (if applicable): ECS Carolinas, LLP 5c. Street address: 502 Wando Park Blvd. 702, Mt. Pleasant, SC 29464 (EJM) 5d. City, state, zip: 8702 Red Oak Blvd, Charlotte, NC 28217 (DEV) 5e. Telephone no.: (843) 654 -1276 (EJM) / (704) 525 -5152 (DEV) 5f. Fax no.: (843) 884 -7990 (EJM) / (704) 357 -0023 5g. Email address: emcclanahan@ecslimited.com / dvalentine@ecslimited.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 104744102 (Mecklenburg County GIS) 1b. Site coordinates (in decimal degrees): Latitude: 35.3217 Longitude: - 80.7371 1c. Property size: 24.03 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Mallard Creek 2b. Water Quality Classification of nearest receiving water: C (Per 2012 DWQ Listing) 2c. River basin: Yadkin - PeeDee 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 general area is located in center of the UNC Charlotte - University area on the northeastern Mecklenburg County. This area is a mix of residential neighborhoods, university related, commercial and light industrial facilities. The site is wooded and is typical second growth of the Piedmont of North Carolina. The highly developed corridor of US Highway 29 is immediately adjacent to the site. Major UNC facilities are located within 1/2 mile. 3b. List the total estimated acreage of all existing wetlands on the property: 1.56 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The project will involve the construction of an urban center for mixed use (offices, commercial, retail real estate). 3e. Describe the overall project in detail, including the type of equipment to be used: 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / roject includin all rior hases in the ast? ❑ Yes ❑ No ❑X Unknown Comments: CWS Determination in 2003-2004 see below. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Gregg Antemann Agency /Consultant Company: Carolina wetland Services Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Map attached, shows the delineation and wetland approximation drawing from Carolina Wetland Services conducted in 2003. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. DWQ Project Number 04 -0665 isolated wetland fill permit issued on 24 August 2004 (attached). Expired in September 2008. S. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Clearance of site and initial grading, stabilization and stormwater facilities construction is not anticipated to be phased. The construction of the six building sites may be phased, dependent on market conditions. See attached conceptual drawing provided by applicant. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries Q 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. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Small -Basin Wetland Yes DWQ 0.21 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: Area to be filled appears to have been an excavated stormwater or farm pond in the early history of the site and has naturalized to take on wetland characteristics. Therefore the past action by USACE and NCDENR -DWQ has been to declare the area an isolated wetland. 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. Stream impact number Permanent (P) or Temporary m 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: 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 indivi ually 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: 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: 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 DWO) 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 ❑ 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: 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. The site includes important highway and commercial road frontage. The wetland to be filled is configured on the site such that the use of most road frontage on the longer axis of the site would be restricted if this area were to remain in its current state. Other than road frontage, all site improvements have been designed to avoid impacts to jurisdictional wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The other wetland on the site, a jurisdictional wetland of approximately 1.35 acres - will be protected from direct impacts by utilization of Best Management Practices (straw bales, silt fencing, mulching and vegetative buffers). 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 Mitigation 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 Perrnittee 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 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 Q 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 1 a. 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. No areas subject to NC Riparian Buffer Rules are located on or near the subject site which is located in PeeDee Yadkin River Basin. ❑ Yes Q No the 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 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: The conceptual site plan (attached) shows two proposed stormwater retention structures which will be used for treatment of surface runoff from the imperious surfaces of the project. The process of detailed planning for the stormwater flow volumes, retention and ultimate discharge are ongoing and will be approved by local stormwater regulatory agencies. These approval will be distributed upon issuance to the DWQ as required. 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Charlotte, NC ❑x 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 Q No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ORW (check all that apply): W Session Law 2006 -246 []Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached? 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 8 of 10 PCN Form — Version 1.4 January 2009 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 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 ❑X 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 ❑X NO letter.) Project is privately funded - to the extent of our knowledge NEPA or SEPA is not Comments: required. 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 ❑X 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. 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. This proposed project will not require a wastewater permit. Site water treatment will be typical of non - industrial facilities tied to sanitary sewer system. 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 Q 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? N/A 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? N/A 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? N/A 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? X❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: No permanent above grade structures will be planned or constructed within the 100 -Year Flood zone. 8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center (FIRMette Map attached). Approximate project boundaries are overlain. Eric J. McClanahan, PWS Dawv ( \,6 , 12 -09 -2013 t; . 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 SAMPLE AGENT AUTHORIZATION FORM PROPEkTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL ID: Oq -7 7 7102.- Please print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize of RS C,4124UJl1%& LL%, (Contractor J Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, Issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address Of dIFerent than property above): r ' '► � ' C :3 • .7011. t 1 We hereby certify the above Information submitted In this application Is true and accurate to the best of our ke'oMadae. 4 , Date: Authorized Signature Date: - -_- -- i 1 1 I I �� I "�I 'lm �, ta'"� '�f � r 4 � �)pmos � �. ,r ,� � � ti- _ 1 !` s ,/ n L 'n d yt �.y f _;r"' 1 � � i J t � ,� � ( VA•, i f -x } �� ,� Adl SATE ( A� 2 I +I•' ` ♦ " 1 .r' "be XI ,''"ab `. t �� y SY � � ' 7ii � � ��� '� .�' � .^ ' I t ��. �': �'r�` �I x F.td r•�.. 3Y, n 9 t ti, � :��''e !! S .iF { „ ,,,� t`" 0 II 4e , ;-- � � {t 5 e �l b 3r•r t { � h i � � I i�.� � y J � �°' _' ` ., #r � ��•� Al t `� 40 t A I f ��i } I l "k }� a__, � I a I 5 { l r- �'`�i0tf I 4y�r I )tis 3 ,A i " r~� . '` I I 1 1 �'• yl , ����� , �— �,�,.� `� ', j jt��A�� f. " 1,��'� 1"�,,� ��� It tiy' r tii t_ _'r '.+ . I • S `j r f, , t s i�l ��Y } 7°-" /M � 1`�T Y`° �-,�f1t i � l � - R � t 46' Q_ 1� - •_'���, `tM� i , 1 i r 1` � k w t 11'1 S I ,hl� • �'` i �� w i �f9 r SOURCE: � FIGURE 1 w E SITE LOCATION MAP USGS TOPOGRAPHIC MAP: s DERITA, DATED 1993 UNIVERSITY CROSSING HARRISBURG, DATED 1993 239 WEST MALLARD CREEK CHURCH ROAD NORTH CAROLINA QUADRANGLES CHARLOTTE, NORTH CAROLINA SCALE: 1" = 2,000' ECS PROJECT NO. 08 -9224 I I".- SA k. MTV IIT3 ARFA UENTIt"MtM AMA /—L'Wevsko wtv w jow A A FM PUBUC HFARM University Crossing 401 Permit — Conceptual Site Design AREA} r flit HI'16f]f \C: /—L'Wevsko wtv w jow A A FM PUBUC HFARM University Crossing 401 Permit — Conceptual Site Design cm { ell 2xmx GRID NORTH City of Charlotte \, % MAP SCALE V= 600" (1 : 6,000) 370159 �� 250 o zso sou 750 ,,00e FEET M 0 ,50 300 aft )NE X PANEL 4587J UTURE) FIRM FLOOD INSURANCE RATE MAP 6/ NORTH CAROLINA .' PANEL 4587 ISEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL i1 LAYOUT) i 9 498 CONTAINS. COMMUNITY CIO No- PANEL SUFFIX <�. CHARLOTTE CITY OF 370159 45$7 J MECKLENBURG COUNTY 37015$ 4547 J University Crossing 401 Permit - Flood Map 6/ ZONE X 498 (FUTURE) ZONE X (FUTURE) J' Nmce to L%qr The Map tease- shy ee,e« &hOLO DO usas when as orderz Vie NwWbM Sts *,XPnr Ie, ,c° ere ro: me r tt m Id EFFECTIVE DATE MAP NUMBER ZONE X } MARCH 2, 2009 3710459700J iFUTURE) ZONE AE p �• N c 599 °l In ,�,N $ �` I '~ M NIC -9 w j Slmc of North Carolina 1 Feder-if Emergency Rtanagement:�gency •�. This is an was extracted official copy of a portion of the above referenced flood map. it using F -MITC -Line. This map does not reffect changes -,-:�� or amendments title dock. which may ha+ been mate subsequent to the date on the For the latest product inilb"ation about National Flood Insurance Program flood maps chock the FEMA Flood Map Store at - rnsc.fenla.goY University Crossing 401 Permit - Flood Map — swc�"a v +r r,c s vac &,Eja `EIL" S—t- S K'—I f+D, 6Er7F],IFw 2+ ID nWL JJk]I i cy Ow,L +�£K I, W TEE. Atb. ID EF +TW 41 wRll %.S+CC7E4 ' Aram:. 14- IWA•E.INS+Prl EI 4.11 !r Df 1rrq %off Mallard Creek Church Road DPI- 'r1s NorlyurEsdlctional Isolated Welland Approximate Location of WelII �DP2 t and 0.41 -acre Non- lurlsdictionalChann t4 G , N ! i Wetland AA 1.35 acre\ JJ+ISMMUNAL vETLAVC AREA NON- JJRTSMCrIONAL wrrL*hm AREA . .. .... 1Q�- JIIRISDIC7MNAL STQEAM CRA-47 Iun 'ROPERTr LINE iPl DATA P070 aSCf l SlREA4 _LASSIFICA7IDn POINT a em P4070 LO:ATIO, AND OIRE`TIDN GRAPHIC SCALE a 2w 4W 0 240' 4@P �Wr;II, I C. Iun Flgure 3. Wetland Boundary Survey 24 -Acre Univn"ity Crossing Site ' IAN"230 �+ Charlotte, Nwth Carolina MU1,�Jt E 2001h01i4 University Crossing 401 Permit — 2003 Wetland Determination Map Proposal for Environmental Services Welland Permitting University Crossing Charlotte, North Carolina ECS Proposal No. 08- 15608P October 24, 2013 Revised November 12, 2013 ECS Carolinas, LLP AGENT AUTHORIZATION This form authorizes ECS to act as our agent in streamtwetiand matters including U.S. Army Corps of Engineers and North Carolina Division of Water Quality field verification and permit application. Property Address: Owner Information: Name: Address: Telephone Number: Fax Number: E -n Sig 5 Date: a-_ 0-0 i �QF W ATFRQ Michael F. Easley, (rovefnoe.:: �p (� William O. Ross It, Secretary C7 North Carolina Department of Fmiroameat and Natural Resources > Alan W. Mimc% P.B. Director Y Division of Water Quality August 27, 2004 DWQ Project # 04 -0665 Mecklenburg County REALTICORP C/o Mr. Tom Bruce 14120 Ballantyne Corporate Place Suite 160 Charlotte, NC 28277 Subject Property: 24 Acre University Crossing Site APPROVAL of-Isolated Wetlands Permit Dear Mr. Bruce: You have our approval, in accordance with the attached conditions, to place permanent fill in 0.21 acre of isolated wetlands in order to construct the 24 -acre University Crossing Site at Mallard Creek Church Road and North Tryon Street intersection in Mecklenburg County, as described in your application for the purpose of constructing a nixed use commercial development at the subject property, as described within your application dated and received by the Division of Water Quality on April 22, 2004 and as modified per the letter from your consultant dated August 19, 2004 (received August 20, 2004). After reviewing your application, we have determined that this fill is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGPI00000). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment dnd Erosion Control, Non - Discharge and Water Supply Watershed regulations. Also, this Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality, This approval is for'the purpose and desip that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Permit and approval letter and is thereby Responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached Permit and any additional conditions listed below. 401 Wdands cefli katim Una 1650A1a0SartrkeCettlet ,Ratetgh,NOr91Car�rre 27699.1650 2321 Crabiree ftdevatd, Smile 250. Ralelgh, Nodh Cau to 27604 Phone: 919-733-1786 /FAX 919.733.6893 / Irdemet htloln,2o.enr.itate.nmustamt ands An Equal opporlu* /Alfrcmarwe Acgon Employer - 50% Recydediift Post Constant Paper tmr-ah; REALTICORP: Page 2 of 3 August 27, 2004: The Additional Conditions of the Certification axe: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. • For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of'the irppacts depicted in the Pre- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Beat Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures win Wetlands or Water; Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is. unavoidable; they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. • Certificate of Completion Amount Approved Plan Location or Reference nits Isolated Wetlands 0.21 (acres) Figure 4 — Proposed Impacts 24 Acre University Crossing Site 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. • For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of'the irppacts depicted in the Pre- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Beat Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures win Wetlands or Water; Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is. unavoidable; they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. • Certificate of Completion 1. Please provide detail for the stormwater management practices. 2. Please Indicate all stormwater outfalls on the site plan. 3. Stormwater Management: Applicant is proposing to use wetland "AA" to treat stormwater. Flows into this .wetland will need to be non - erosive and protect the wetland uses. A pretreatment device (likely a dry basin 'With level spreaders) will be needed if the wetland is large, enough to handle the flow, Applicant must provide calculations to meet these design criteria.' Wetland monitoring will also likely be needed with t backup plan if wetland uses are lost. Please contact John Domey at 733 -9146 for details. Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax to (919) 733 -6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. JRD/bs Sincerely. c 'on Program cc: Mooresville DWQ Regional Office Asheville Corps of Engineers Central Files Rile Copy Gregory Antemann, CWS, 5000 Nations Crossing Road, Suite 230, Charlotte, NC 28217 Ed Schwartzman, DWQ N. C. Division of water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Roktgh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC27604 -2260 (Locatioa) (919) 733.1766 (phone), 919 - 733.6893 ( fax), (hn09/hZo enr ctete nc nsJpewetlandsl Customer Sesvice 8: 1- 877. 623 -6748 } f4: kri �DF VOA r�Jf, Q Michaot P. Barley, Governor William G. Ross Jr., Secretary North Carolina Mpadment of Bnvironroenl and Natural Resources ?C! Q Y Alan Klimek F.E. Director t Division oflva!« QnaBty Coleen H. Sullins, Deputy Director : Division of Watert2aality 1 May 6, 2004 ` DWQ # 04 -0665 ' Mecklenburg County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Realticorp. Attn: Tom Brute/Brian Rollar 14120 Ballantyne Corporate Place, Suite 160 Charlotte, NC 28277 Subject Property: 24 -acres University Crossing Site Dear Mr. Bruce and Mr. Rollar. On April 22, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to fill wetlands or waters for the purpose of a commercial development in Mecklenburg County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show theso on maps of sultable scale (for instance I" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. 1. Please provide detail for the stormwater management practices. 2. Please Indicate all stormwater outfalls on the site plan. 3. Stormwater Management: Applicant is proposing to use wetland "AA" to treat stormwater. Flows into this .wetland will need to be non - erosive and protect the wetland uses. A pretreatment device (likely a dry basin 'With level spreaders) will be needed if the wetland is large, enough to handle the flow, Applicant must provide calculations to meet these design criteria.' Wetland monitoring will also likely be needed with t backup plan if wetland uses are lost. Please contact John Domey at 733 -9146 for details. Please telephone John Dorney at 919-733-9646 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax to (919) 733 -6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. JRD/bs Sincerely. c 'on Program cc: Mooresville DWQ Regional Office Asheville Corps of Engineers Central Files Rile Copy Gregory Antemann, CWS, 5000 Nations Crossing Road, Suite 230, Charlotte, NC 28217 Ed Schwartzman, DWQ N. C. Division of water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Roktgh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC27604 -2260 (Locatioa) (919) 733.1766 (phone), 919 - 733.6893 ( fax), (hn09/hZo enr ctete nc nsJpewetlandsl Customer Sesvice 8: 1- 877. 623 -6748 } f4: kri NOTE, JURISOICTINAL WATERS OF THE U.S. VE9- DELINEATED BY CAROLINA WETLAND SERVICES (CVS) FROM SEPTEMBER 24 TON BER l4, 2003. JlRISOICTIONAL AREAS HAVE BEEN SURVEYED USING A GP IT WITH SUB -METER ACCURACY. THIS SURVEY HAS LOT BEEN VERIFIED BY THE U.S ARCY CORPS OF - ENGINEERS (U.S.A.C.E.). ® JURISDICTIONAL WETLAND AREA ® NON- JURISDICTIONAL WETLAND AREA NON- JURISDICTIONAL STREAM CHANNEL PROPERTY LINE *DP1 DATA POINT OS C P1 STREAM CLASSIFICATION POINT PHOTO LOCATION AND DIRECTION Mallard Creek Church Road 0­0 DP r'SCP1 No - jurisdictional Isolated Wetland W land BB •DP2 Approximate Location of 0. 1acre Non - Jurisdictional Chanr GRAPHIC SCALE 0' 200' 400' 01 200' 400' 1`1 , 1) � 11 N i C N ` 1 J , 1` `11 1 1 Wetland AA 1 1.35 acre DP3 1 �1 ,;e1140a c Carolina Wetland Services � 5000 Nations Crossing Rd, Suite 270 �J Charlotte, 28217 FQ%� (704) 527 -1133 SCALE 1' = 200 - 0' DATE 11/19/2003 Figure 3. Wetland Boundary Survey 24 -Acre University Crossing Site y g Charlotte, North Carolina SHEET of ' DRAWN BY KdK PROJECT NUMBER 2003 -0424 CHECKED BY CCA 0 04 WAT§, Michael F. Bashry. Oovftoe William 0. Ross h, secrmary C j north Carolina lhpartment of En mamem and Natural Resources QY Alan W. Klimek. P.H. Directw Dtvwwa of water Quality ' August 27, 2004 DWQ Project 4 040665 Mecklenburg County REALTICORP Clo Mr. Tom Bruce 14120 Ballantyne Corporate Place Suite 160 Charlotte, NC 28277 Subject Property: 24 -Acre University Crossing Site APPROVAL of-Isolated Wetlands Permit Dear Mr. Bruce: You have our approval, in accordance with the attached conditions, to place permanent fill in 0.21 acre of isolated wetlands in order to construct the 24 -acre University Crossing Site at Mallard Creek Church Road and North Tryon Street intersection in Mecklenburg County, as described in your application for the purpose of constructing a mixed use commercial development at the subject property, as described within your application dated and received by the Division of Water Quality on April 22, 2004 and as modified per the letter from your consultant dated August 19, 2004 (received August 20, 2004). After reviewing your application, we have determined that this fill is covered by lice State General Permit for impacts to Isolated Wetlands and Isolated Waters (1WGPI00000). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment dnd Erosion Control, Non - Discharge and Water Supply Watershed regulations. Also, this Permit will expire upon the expiration date of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water Quality. This approval is for'the purpose and desip that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property Is sold, the new owner must be given a copy of this Permit ana approval letter and is thereby Responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached Permit and any additional conditions listed below. 401 WeOands ceftatiat Lima 1850 Aiea Serve Carder, Retetgh, NoM Gara6na 27699.1650 2321 Crabtree Bo AMW. Suite 250. Raleigh, Nod COWAN 27604 Phone: 918. 799.1788! FAX 919.733.6893IIntemet hU J1m2o.enr.sfate.naus pMQands An Eqoal oppodumu'y/Alrumafi" Action Empbyer -50% Recoedl10% Pall Consumer Paper tICNIF REALTICORP: Page 2 of 3 August 27, 2004: The Additional Conditions of the Certification acre: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 2. Erosion & Sediment Control Practices Erosion and sediment_ control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint ofthe irppacts depicted in the Pre- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. No Sediment & Erosion Control Measures wb Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is. unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. S. • Certificate of Completion Amount Approved Plan Location or Reference nits Isolated Wetlands 0.21 (acres) Figure 4 — Proposed Impacts 24 -Acre University Crossing Site 2. Erosion & Sediment Control Practices Erosion and sediment_ control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint ofthe irppacts depicted in the Pre- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. No Sediment & Erosion Control Measures wb Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is. unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. S. • Certificate of Completion r 1 of VlArlc-, Q h iclmel P. Bulgy, Governor North Carolina Mpartment of Bovim�ioentland Ross Natural Resources C t Q Y Alm Mimek P.B., tluxtor Division of WaterQoality ! Coleen H. Sallins, Deputy Director Division of Water Qaallty I May 6, 2004 DWQ# 04 -0665 ' Mecklenburg County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Realticorp. Attn: Tom Brutx/&ian Rollar 14120 Ballantyne Corporate Place, Suites 160 Charlotte, NC 28277 Subject Property: 24 -acres University Crossing Site Dear Mr. Bruca and Mr. Rollar. On April 22, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plan to 511 wetlands or waters for the purpose of a commercial development in Mecklenburg County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the DWQ # listed above in your reply. Please show these on traps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. Please provide detail for the stormwater management practices. Pie= indicate oil stormwater outfalls on the site plan. StormwaW Management: Applicant is proposing to use wetland "AA" to treat stormwater. Plows into this .wetland will need to be non-erosive and protect the wetland uses A pretreatment device (likely a dty basin 'With level spreaders) will be needed if the wetland is large, enough to handle the flow. Applicant must provide calculations to meet time desigo criteria. • Wetland monitoring will also likely be needed with t backup plan if wetland uses are lost. Please contact John Dorsey at 733-9146 for details. Please telephone John Dorney at 919 -733 -9646 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 1SA NCAC 2H .OS05(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing or by fax at (919) 733 -6893 within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. JRD/bs Sincerely, cc: Mooresville DWQ Regional Office Asheville Corps of Engineers Central Files File Copy Gregory Antemann, CWS, 5000 Nations Crossing Road, Suite 230, Charlotte, NC 28217 Ed Schwartzman, DWQ N. C, Division of Water (laatity, 401 Wetlands Ceniiication Unit, 1650 Mail Service Center, Raleigh, NC 27699 1650 (Moiling Address) 2321 Crabtree Blvd., Raleigh, NC 27604 -2260 (Locadon (919) 733 -1786 (phone). 919 7 ), 33.6893 (fax (hjht9/h3o' �ratete rte a! evrQa Cutomer Service k 1- 877.623.6748 Program