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HomeMy WebLinkAbout20071334 Ver 1_401 Application_20070807~MACTEC engineering and constructing a better tomorrow p 7- 1 3 3 4 August O1, 2007 Attention: Mr. Steve Chapin ~~Yn~EN~ U.S. Army Corps of Engineers Regulatory Field Office RE~=~~VE~ 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 ~C~C~I~~~~ p Subject: Section 404/401 Application -Nationwide Permit No. 39 Crescent Resources, LLC A U G 3 Z O U i Piedmont Town Center Charlotte, North Carolina DENFc - wariK ~,~.,~; ; ~, MACTEC Project 6229074247 ~'~~~STOl2M1NAtERBRANCH Dear Mr. Chapin: On behalf of the Crescent Resources, LLC (CR), enclosed please find a completed Pre-Construction Notification (PCN) Joint Form (Attachment A) and figures (Attachment B). This PCN is being submitted for Nationwide Permit (NWP) No. 39 for the above-referenced project. CR has retained MACTEC Engineering and Consulting, Inc. (MACTEC) to provide permitting services for this project. This submittal is the product of a cooperative effort between CR, MACTEC, and ColeJenest & Stone. (CJ&S). CJ&S is providing design/engineering services for this project. Proiect Overview CR, in conjunction with MACTEC, is submitting this PCN for authorization under NWP No. 39 - Commercial and Institutional Developments (Water Quality Certification [WQC] 3402 /General Certification [GC] 3631). The proposed project will result in jurisdictional stream impact. As a result, this PCN is being provided in accordance with Nationwide Permit "notification" requirements for NWP No. 39. The proposed Piedmont Town Center will be located on Fairview Road in the South Park Mall area of Charlotte, North Carolina (Attachment B, Figurel). The overall parcel is approximately 19 acres (Phase I - 11 acres, Phase II - 8 acres), and is bordered by Fairview Road to the south, Assembly Street to the east, Carnegie Boulevard to the north, and a combination of residential and commercial properties to the west. The majority of the parcel is open field, with forested areas along an unnamed tributary to Little Sugar Creek. The proposed development of the site will likely include mixed-use structures including; office buildings, parking decks, retail, and multi- family residences. Due to the location and orientation of the jurisdictional stream on the subject property (Attachment B -Exhibit A), which generally parallels the western portion of the subject property, the siting of the proposed buildings, associated parking, and other auxiliary structures will necessitate unavoidable impacts to jurisdictional waters of the U.S. (Attachment B -Exhibit B). The MACTEC Engineering and Consulting, Inc. 2801 Yorkmont Road, Suite 100 • Charlotte, NC 28208 • Phone: 704.357.8600 • 704.357.8638 www.mactec.com Piedmont Town Center Section 404/401 Pre-Construction Notification MACTEC Project 6229074247 August 1, 2007 applicant proposes to impact approximately 288 linear feet (lf) of the jurisdictional stream and approximately 0.06 acre of jurisdiction wetland. Approximately 200 if of stream impacts and all wetland impacts will be associated with grading and filling. The remaining 881f of stream impacts will be due to channel relocation. The proposed project represents the most feasible alternative to allow for the construction of the development and the City-required stormwater detention facility (for water quality treatment). An alternatives analysis, along with the project's purpose and need, are discussed in the PCN Joint Form (Attachment A). Jurisdictional Waters of the U.S. Wetlands on the subject property were determined using the Routine On-Site Determination Method as defined in the Corps of Engineers Wetlands Delineation Manual2 during field review on February 2, 2003. Results of the field observations indicate the presence of jurisdictional waters of the U.S., including wetlands, on the subject property (Attachment B: Exhibit A). Jurisdictional areas identified on-site are as follows: • Stream A, a northerly flowing, aquatically important jurisdictional stream channel located in the western portion of the site. Stream A is approximately 530 linear feet (lf) in length has bank heights of two to four feet, and a channel bottom width of two to three feet. • Wetland A, located at the northern (downstream) end of Stream A, in the northwestern corner of the site. Wetland A is approximately 0.10 acre (ac) in size, and appears to have been a relic man-made pond (with riser pipe for drainage). • Wetland B, located at the southern (upstream) end of Stream A, in the west-central portion of the site. Wetland B is estimated to be approximately 0.05 ac in size. The riparian canopy associated with Stream A includes tulip poplar (Liriodendron tulipifera), red maple (Ater rubrum), American elm (Ulmus americana), American beech (Fagus grandifolia), and Eastern red cedar (Juniperus virginiana). The riparian canopy associated with Wetlands A and B include red maple, cottonwood (Populus deltoides), box-elder (A. negundo), silver maple (A. saccharinum), black willow (Salix nigra), willow oak (Quercus phellos), sweetgum (Liquidambar styraciflua), and tulip poplar. Understory and herbaceous species along the stream and in the wetlands include: English ivy (Hedera helix), silver maple, black willow, silky willow (S. sericea), Japanese honeysuckle (Lonicera japonica), poison ivy (Toxicodendron radicans), trumpet creeper (Campsis radicans), arrowhead (Sagittaria latifolia), false nettle (Boehmeria cylindrical), and soft rush (Juncus effusus). Impacts to Waters of the U.S. Approximately 288 if of jurisdictional stream channel and 0.01 ac of wetland will be impacted by Phase II of this project. Stream impacts will include 88 if of stream relocation and restoration, 90 if of intermittent stream grading, and 1101f of perennial stream grading. The stream grading and filling will be associated with stormwater basin construction. Approximately 0.05 acre of jurisdictional wetland was previously impacted by Phase I of the project. In accordance with NWP 39 and WQC/GC 3402/3631, it was not necessary to previously provide pre-construction notification for wetland impacts under 0.10 acre at that time. The Phase I previous 0.05 ac wetland impact is now z Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. U.S. Army Corps of the Engineers. Washington, D.C. 100 pp. and Appendices. 2 Piedmont Town Center Section 404/401 Pre-Construction Notification MACTEC Project 6229074247 August 1, 2007 included in this PCN. A detailed description of project impacts is included in the PCN Joint Form (Attachment A). Closing Your expeditious attention to and processing of this PCN will be greatly appreciated. Seven copies of this PCN application package have been forwarded to the DWQ. Please do not hesitate to contact Danielle Mora at 704-357-8600, if you have any questions. Sincerely, MACTEC ENGINEERING AND CONSULTING, INC. Danielle A. Mora Project Scientist Richard G. Harmon, P.W.S. Principal Scientist Enclosures: Attachment A -Pre-Construction Notification Application Form Attachment B -Figures Attachment C -Mitigation Credit Availability Letter cc: John Dorney, DWQ 3 Piedmont Town Center Section 404/401 Pre-Construction Notification MACTEC Project 6229074247 Attachment A PRE-CONSTRUCTION NOTIFICATION APPLICATION FORM August 1, 2007 0 7- 1 3 3 4 Office Use Only' Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Appttcaule" or "NiH".J I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check her ~~ ~~~ II. Applicant Information ~~ AU G 3 - 'Z00 % 1. Owner/Applicant Information Name: Crescent Resources, LLC DENR - WATEFZ GUau .'Y „~.,~..,...,,, ti., ~,,,,,.,,H Mailing Address: Attn• Mr Lud Hod>~es 400 South Tryon Street Suite 1300 Charlotte North Carolina 28201-103 Telephone Number: 980.321.6155 Fax Number: 980.321.6170 E-mail Address: GLHodges crescent-resources.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Danielle Mora Company Affiliation: MACTEC Engineerin>? and Consulting Inc. Mailing Address: 2801 Yorkmont Road. Suite 100 Charlotte North Carolina 28208 Telephone Number: 704.357.8600 Fax Number: 704.357.8638 E-mail Address: damora(a~mactec com Updated I I / t /2005 Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Piedmont Town Center -Phase II 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 17706204 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Carnegie Business Center Directions to site (include road numbers/names, landmarks, etc.): From Interstate 77 south, take exit 5 and proceed east on Tvvola Road. The road changes name at the Park Road intersection. East of the Park Road intersection Tyvola changes to Fairview Road. Approximately 1 mile from Park Road turn left onto Assembly Street, at the next intersection turn left onto Carnegie Boulevard. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.153889 °N -80.841111 °W 6. Property size (acres): Overall site: 19 acres (Phase I: 11 acres; Phase II: 8 acres) 7. Name of nearest receiving body of water: Unnamed tributary to Little Sus?ar Creek 8. River Basin: Catawba (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Updated I I / I /2005 Page 6 of 14 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The proposed eight-acre Piedmont Town Center Phase II project will be located in the South Park Mall area of Charlotte, North Carolina. The overall project area (Phase I/II) is ~~roximately 19 acres, and is bordered by Fairview Road to the south, Assembly Street to the east, Carnegie Boulevard to the north, and a combination of residential and commercial properties to the west. The parcel is predominantly surrounded by commercial development, with some residential properties to the west. The Phase II project area is partially forested and partially open/undeveloped. The forested area contains an unnamed tributary to Little Sugar Creek. Phase I of the overall project has been previously constructed in an open upland area near Fairview Road. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will be comprised of one building and two ei t-level parkin dg ecks. The mixed use building will house residential, commercial, and retail facilities. The buildings will be connected b walkways and common areas. The type of equipment to be used on this project will include but not limited to: track hoes, back hoes, excavators, bulldozers, dump trucks, and hand tools. 11. Explain the purpose of the proposed work: The proposed Piedmont Town Center will be located in the South Park area of Charlotte, North Carolina. An increased demand for mixed use "infill" developments in the South Park area is the primary reason for this development. The infrastructure for the proposed development is currently in place. "Infll" development in which builders fill in small parcels that have been passed over in previous years may be a favored strategy among housing_professionals in coming years, according to the Urban Land Institute. This project is a prime example of infill development. This type of development may help minimize suburban sprawl into other natural areas surrounden tg he city particularly the south IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A Waters of the U.S. Survey/Delineation Verification (Action ID: 300330539) signed by Steve Chain dated March 4, 2003 has been previously issued for the approximate 19-acre overall property. This letter states "There are waters of the U.S. on the above described property which have been accurately flagged/delineated. We recommend that the delineated lines be surveyed. Updated 11/i/2005 Page 7 of 14 The surveyed lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property." A copy of the final survey plat, noting on-site Waters of the U.S., is included in Appendix D for your approval. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future pro~ectplans are anticipated at this time. The undeveloped portion of the project site is proposed for complete "build-out" during Phase II. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Approximately 288 if of jurisdictional stream channel will be impacted by this pro'e~ ct (proximately 88 if of intermittent stream relocation/restoration, approximately 90 if of intermittent stream piping, and approximately 110 if of perennial stream piping). The noted stream channel relocation impacts will result from retaining wall construction, while the proposed stream channel piping impacts will be necessary in order to accommodate an off-line water quality treatment stormwater basin (required by the City of Charlotte). An additional 0.01 acre of wetland filling impacts will occur in conjunction with the proposed Phase II proiect. Approximately 0.05 acre of jurisdictional wetland was previousl,~pacted by Phase I of the overall project. In accordance with NWP 39 and NCDENR General Certification 3631, pre-construction notification for Phase I wetland impacts was not previously required (since these impacts were less than 0.10 acre in extent). Updated l l/1/2005 Page 8 of 14 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) 1 (Phase I) Fill Forested No 150 0.05 2(Phase II) Fill Forested No 20 0.01 Total Wetland Impact (acres) 0.06 3. List the total acreage (estimated) of all existing wetlands on the property: 0.13 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) 3 UT to Little Sugar Creek Relocation Intermittent 3 feet gg 0.006 4 UT to Little Sugar Creek Grading Intermittent 3 feet 90 0.006 5 UT to Little Sugar Creek Grading Perennial 4 feet 110 0.01 Total Stream Impact (by length and acreage) 288 0.022 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred in , floodin , draina e, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A N/A N/A N/A 0 Total Open Water Impact (acres) 0 Updated 1 I / l /2005 Page 9 of 14 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.022 Wetland Impact (acres): 0.06 en Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.082 Total Stream Impact (linear feet): 288 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ®stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): excavation and spillway Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Cit~of Charlotte stormwater requirement Current land use in the vicinity of the pond: Natural forested area Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The on ig nal project design would have resulted in impacts in over 480 if of impacts to the aquatically important on-site stream and approximately 0 13 acre of wetland impacts. In order to reduce impacts to the waters of the U S retaining_walls have been added fill slopes have been reduced and detention pond extents have been reduced allowing much of the on-site stream channel and the largest on-site wetland area to remain intact. Approximately 88 if of intermittent stream is now proposed for relocation and restoration rather than piping (as previously designed). The City of Charlotte is requiring water quality treatment of detained stormwater runoff on-site Due to the existing topography of the site the most appropriate location for such a detention feature/structure is in the low area near the stream channel itself. In order to provide sufficient horizontal extent for this off-line detention basin, approximately 110 if of perennial stream channel and approximately 90 if of intermittent stream channel will be piped. It is Updated 11/1/2005 Page 10 of 14 anticipated that the provision of on-site water quality treatment stormwater detention will be more beneficial to downstream water quality than direct discharge of stormwater runoff from the site without detention. The current site plan will require approximately 288 if of unavoidable aquatically-important stream impacts and approximately 0 06 acre of unavoidable wetland impacts VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version.). 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Required mitigation credit is anticipated to be purchased from the North Carolina Ecosystem Enhancement Pro r~NCEEP~ A copy of the mitigation availabilityletter is included in Attachment E. Updated 11 / l /2005 Page 11 of 14 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 288 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ N/A 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Mecklenburg_County Surface Water Improvement and Mana>?ement (SWIM) buffers are not located on the subject property. )?Yes ^ No Updated 1 I / I /2005 Page 12 of 14 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. No buffer impacts are anticipated on the subiect site. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. A Phase I Stormwater management elan prepared by ColeJenest & Stone was reviewed and approved by the Charlotte Department of En ing_ eerin~ and Property Management in September - October 2004. A Phase II Stormwater management plan will be reviewed by the City of Charlotte Department of En ing Bering and Property Management Department when construction drawin s are submitted for the overall Phase II project. XII. Sewage Disposal (required by DWQ) 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. On-site sewer conveyance is currentlyprovided by the Charlotte-Mecklenburg Utilities Department (CMUD~. CMUD will treat wastewater from the subject site at the Sugar Creek Wastewater Treatment Facilit~SCWWTF~ less than one mile west of the subject property The NCDENR issued a sanitary sewer extension~ermit for the Piedmont Town Center project on February 17, 2005. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No Updated 11 / 1 /2005 Page 13 of 14 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The project will not result in additional development because this project is an in-fill development in an urban setting,. The parcel is an in-holding, that the surrounding and adiacent parcels have been developed. No additional development will occur because all land has been developed. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and 'Threatened Species, accessibility problems, or other issues outside of the applicant's control). t ;'` . ~ ~lpplican FfArg'en 's'~ig{~atu a ate ' ;' (Agent's` signa is val only if an uthorization letter from the applicant is provided.) >"f `r . J Updated 1 I / 1 /2005 Page 14 of 14 Piedmont Town Center Section 404/401 Pre-Construction Notification MACTEC Project 6229074247 August 1, 2007 Attachment B FIGURES • ~1SGS KEY Notural Vegetoticn Areos ^ Structures ~. Streoms Roods ;,.~~1 It +LI ." ~' + 1 a m c° E .i ^ .fir -~.~\ r - ._ it . ,.. ~ ,~ ~ ih~•~4 .•~ ~ ~ , v ~~l r ~~ ~ ( ~ ~. ~ f ~•• ~ • t •`:. ~;1 ~~1~ Iii N '~ \ • ' f ~ ~~ . ~ * 1 l~~/il ~ ~ l - + Imo: • `'l~• ` ~ ~ • ~ ~ • 1•~ ~ ~ • ~• ~/ ~N r ~ ~ ~. _ g EXPLANATION ~ .! - ~ ~% d ~ t000 500 0 1000 APPROXIMATE LOCATION "'c• J ~--I I I _ - OF SITE BOUNDARY c _ APPROXIMATE SCALE IN FEET ot>AOwwcIF ~oatw" REF.: U.S.G.S. 7.S MINUTE TOPOGRAPHIC MAP OF CHARLOTTE EAST, NORTH CAROLINA QUADRANGLE, DATED 1967; PHOTOREVISEO 1988. P a MACTEC SITE LOCATION/SURROUNDING PROPERTY ° ENClNfERINC & CONSULTING, tNC. PIEDMONT TOWN CENTER CHARLOTTE, NORTH CAROLINA CHARLOTTE, NORTH CAROLINA ~ F~REPAREO GATE CHECKED OATS JOB NO. FIGURE a E;r 6229-04-2535 1 . ~l .. , ~. ; ..~ ~ i1 ,IJS 1 / { +~ +l~ J 'r~ _. :. •. Ate. ~p~. ,, , :~~ PROPOSED DETENTION/ WATER QUALITY POND: TOP OF DAM - 640 ~ ~ '~' ` APPROXIMATE STREAM RELOCATION ---- °~ 88 LF INTERMITTENT STREAM DISTURBANCE ~ & RELOCATION ~ I I ` ` I I r, / v ~ I f I ~a ^] / N ~ jjj ~ ~ E ~~. '",..«. ~ ~ N O ^I ++ Q DO m tr'1 ~+ ~_ N \~' Shaping the Environment Realizing the Passihilities Land Planning Lendsupe Arch(hcture Civil Engineering a Urban Design REROUTE EXISTING STREAM TO BYPASS OFFSITE RUNOFF AROUND PROPOSED POND. ~..~ A -PROPOSED me I ='= RETAINING W L y ~ ~. ~ ~ ~ ~~~ ~ 3~ ~N O tI1 CJ ~ m W a ii 3 ~'3f" ~f / ~ ~ ~,' ..M '' ~' ~ :. I I ~~~ `~ I ~ ~ ; -~.:- C;~ I~~q' i:s 'a. .i ~. _.. r' .:~ a JWSi NSVTWEe INC. \ 4 D9 8915 PO 868 4 ,, CIS # 177-06-212 281 )524 ! REROUTE EXISTING STREAM TO BYPASS , " OFFSITE `'RUNOF ROUND PROPOSED POND. \�Nwij 77 °C 1 I j p t w , PROPOSED RETAINING WALL V1, ` I I o R POE l� PROPOSED ti E ION TE BUILDING ITY POND t 0 OF fVl END t ; LEV 4 lki OFFSITE , ' _ I RUNOFF REROUTE.' { i QDGG x" 110 LFPERNNIAL. \STREAM DIS RB-'ll } E6IN 90 LE INTERMITTE14 - �` ('�`�,'OFFSITE TREAD DI,STURBAN , 'UNOFF �REROU !/ .., -�y PROPOSED I i BUILDING, f QD LOT A ISL= 4A c^ MR 8 PO 457 GIS 17705131 # I �.� I OT 6A -0 KOCK 4 ,88 LF INTERMITTENT ;�> ��. APPROXIM,a4 8 PO 457 STREAM DISTURBANCE,,, \ STREAM };'t 17705132 &RELOCATION RLt CAtIQN` Ln 00 �$ \ ; '4i, ; PROPOSED ❑ w> \ BUILDING u w "ti I 31 00 fLn e rn ra E CJ Ln N O O i 4 Shaping the Environment N :p Realizing the Possibilities L Land Planning 00 M landscape Architecture PIEDMONT TOWN CENTER - PHASE II STREAM DISTURBANCE EXHIBIT d' O Civil Engineering LS3P Project No. 3438 Issued 07110107 SCALE: 1" = 50' tl Urban Design Y 0 0 25 50 100 • Piedmont Town Center Section 404/401 Pre-Construction Notification MACTEC Project 6229074247 August 1, 2007 Attachment C MITIGATION CREDIT AVALIBILITY LETTER ~-, ~~tem PROGRAM June 20, 2007 Ben Leatherland Mactec 2801 Yorkmont Road Suite I00 Charlotte, NC 28208 Project: Piedmont Town Center County: Mecklenburg The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. ff we have not received a copy of the Issued 404 Perrnit/401 CertiticatiarJCAMA permit within this time frame, this acceptance wiw`Il expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permits} an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an app]icant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summazized in the followin table Catawba 03450103 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri azian Non-Ri azian Coastal Marsh Impacts 0 0 288 0.06 0 0 0 0 Credits 0 0 576 0.12 0 0 Q 0 Upon receipt of payment, EEP wilt take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant wilt need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation.will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998 and consistent with the Guidance for Expanded Service Area for Mitigating Impacts within the Lower Catawba River Basin adopted by the PACG- TC on September 12, 2006. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, William D. Gilmore, PE Director cc: Cyndi Kazoly, NCDWQ Wetlands/401 Unit Steve Chapin, USACE-Asheville Alan Johnson, NCDWQ-Mooresville File ~~~ R~stoYi,~c9... ... PYnt~ 4ru~ St,~,t~ ~o~a North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1852 / 919-715-047fi / www.nceep.net