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HomeMy WebLinkAbout20050666 Ver 1_More Info Received_20051206~L~~/ ~~n;~ (~N~C~~gC ~~11N~ Wetland and Natural Resource Consultants, Inc. :-~ . ~;« . w ' ~•qj': ~:'! November 21, 2005 Division of Water Quality rr~ "--- - - Attn: Mr. Alan Johnson A"` " ` ~%CURCE8 610 East Center Ave., Suite 301 ~~~'°°` ~~~~ pF~~ Mooresville, NC 28115 ~ ~'~ Re: The Bridges at Mint Hill (DWQ Project #05-0666) NOV 2 ~ 200' Mecklenburg County, North Carolina Mr. Johnson: wA~E ~`'~ ~~~~~ ~ff ~14N The purpose of this letter is to provide you with the additional information reque~'t~~f~ the Division of Water Quality letter dated June 14, 2005 in regards to 401 Water Quality Certification for The Bridges at Mint Hill (Bridges). This letter is intended to provide you information relating to the project's mitigation, secondary and cumulative impacts, stormwater management plan, and pond draining activities. Construction Details Detailed diagrams for the road crossing and sewer crossing are attached to our correspondence to the US Army Corps of Engineers dated September 7, 2005. The letter explains a reduction in impacts that was achieved by spanning two of the crossings and boring the sewerline under Goose Creek. Mitigation Plan While we agree with the Division's position that enhancement and stabilization may be more cost effective, the proponent maintains their proposal to restore 800 linear feet of streams, as this amount exceeds the State's policy for 1:1 stream restoration. While this is the same length of restoration previously proposed in the permit, the total impacts of the project have decreased from 654 linear feet to 579 linear feet by utilizing spanning structures (See above.). The anticipated Corps special conditions are expected to help toward achieving the Division's intent to stabilize the channel by removing the cattle. The conditions are expected to require that the boundaries of the preservation areas be field located and that the surveyed boundaries be marked with temporary fencing (e.g., orange webbed tree-protection fencing) prior to any land disturbance activities on the site. Markings on the boundary fencing will identify the demarcated area as a protected area, Newton Office Canton Office PO Box 224 ~ ~~~ wnri PO Box 882 Newton, NC 28658 D Canton, NC 28716 828-465-3035 ~ ~ (; ~ X005 88 828-465-3050 Fax 1 ax 828-648 8802 N I VyET'I.A 0.SAND~`fQRMWA~R B ANCH and the fencing will remain in place throughout the duration of all construction activities associated with the project. It will be required to contact a representative of The U.S. Army Corps of Engineers Regulatory Division at least two weeks prior to removal of the fencing to ensure compliance. We have asked that the Corps make provisions within their special conditions that would allow a third party to conduct stream restoration along Goose Creek within the project area as we are exploring this option. Vegetated Buffers Attached is a diagram of the buffers that will be maintained at the Bridges site. The diagram is explained in the letter to the Corps dated September 7, 2005. Cumulative Impacts Potential cumulative impacts arising from the Bridges have been carefully considered and mitigated to the extent possible by the developer. The proponent's proactive utility strategy does not induce potential growth through the construction of water and sewer infrastructure, because the water for the Bridges will come from existing waterlines and waste water will be pumped from the site via a private pump station and forcemain. The sewer pump station will have no additional capacity that could serve as a catalyst for higher density growth within the drainage basin. Potable water for the project will be derived from the Catawba Basin and returned to the basin via the private sewer system. Below is a current image from the Mecklenburg County 6I5 that depicts the project site along with the existing zoning for the project vicinity. The project is located west of I- 485 and is colored with blue and tan and outlined in orange. The CUD designation is a Conditional Use District that grants Mint Hill's Town Council with the right to place conditions on the zoning request. The approved zoning conditions were presented with the permit application. The majority of the surrounding land area is zoned for single family residential development with all tracts exceeding 10 acres within the vicinity of the project being zoned as such. All additional development within the project area will need to be supported by septic tanks or other private wastewater facilities, and drinking water will be derived from either existing waterlines or private wells. Note that three subdivisions are shown in red in the figure; these projects are being developed or are expected to be developed in the near term intimating that some development will occur in the project vicinity absent the construction of the Bridges. One tract within the project vicinity, but not part of the project, is zoned for general business, and it too is within the Conditional Use District. The project applicant has no control over the development of this parcel. It is expected that this property will need to comply with all Mecklenburg County regulations including SWIM buffers and NPDES Newton Office Canton Office PO Box 224 wnrinc.com PO BOX 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 2 828-648-8802 Fax requirements in the same manner as the Bridges of Mint Hill project will comply with cited regulations. It should be noted that the Bridges exceeds the aforementioned regulations and that it is the standard by which future projects will be judged. Another tract within the project vicinity, but not part of the project, is zoned Institutional (I) and is expected to be subject to all environmental requirements of the business classification. Zoning Key: (Source: Mecklenburg County GIS) R -Residential District -This district is designed to encourage the protection of the natural and manmade environment and resources and the retention of existing farm lands, rural estates, forested and water areas and other open type uses as well as the diversification in modes of living and housing types by encouraging building lots of varying size and dwelling unit densities consistent with the stated goals and objectives for promoting and protecting the unique rural and country village character of the community set forth in the adopted land use plan. Other Newton Office Canton Office PO Box 224 wnrinc.com PO BOX 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 3 828-648-8802 Fax Zoning Figure (Source: Mecklenburg County GIS) selected uses, consistent with the needs of the community, are also provided for in this district. (Mint Hill Zoning Regulations) B-G(CUD) -General Business(Conditional Use District) -This district is identical to B-G except that Mint Hill's Town Council has the right to place conditions on the zoning request. (Mint Hill Zoning Regulations) I -Institutional -This district is intended to accommodate mid and large sized public, semipublic, and institutional uses which have a substantial land use impact or traffic generation potential. It is not intended for the small institutional uses customarily found within residential areas. Because of potential adverse impacts, all institutional uses shall require site plan approval by the Board of Commissioners. (Mint Hill Zoning Regulations) While the project may, by some, be considered a catalyst for growth, any potential future growth within the basin will progress according to the strict zoning requirements of the Town of Mint Hill and Mecklenburg County. The largest catalysts for growth in the area are I-485 which passes adjacent to the project area and the existing waterlines that enter the Goose Creek Basin. Environmental Assessments for the aforementioned state- funded projects contemplated growth within the Goose Creek Basin and mitigated potential impacts by encouraging zoning and growth limitations that are still in place. Namely, according to the approved Inter Basin Transfer certificate no new waterlines will be extended into the Goose Creek basin to serve the project, and zoning approval requires significant stormwater controls. Furthermore, both the Town of Mint Hill and Mecklenburg County have strict water quality regulations that will protect existing water quality in the event of further growth and could in fact, when fully implemented, help towards removing Goose Creek from the states 303d list. Namely, the County requires streamside buffers in accordance with the SWIM program, and the Town requires stringent stormwater controls and encourages low impact development. The existence of these regulations should eliminate the need for additional regulatory measures. Vegetated buffers to streams within the Bridges will surpass local stream regulations associated with the SWIM program and will exceed by three-fold any regulations that are required by the state for similarly classified waters. The attached diagram illustrates the expanse of area that will be buffered and shows that the average buffer to Goose Creek is 197 linear feet with all instances being greater than 50 linear feet. It is expected that all additional commercial and business development in the project vicinity will be held to Newton Office Canton Office PO Box 224 wnrinc.com PO BOX 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 4 828-648-8802 Fax this same high standard. The project proponent desires to set the high standard in environmental preservation and management for all comparable future development. State of the art stormwater management practices will be the standard for the site; supporting information is attached. The project engineer has demonstrated that by adhering to low impact development (LID) concepts and the draft Mint Hill Water Quality Ordinance, the Bridges will meet or exceed all required performance criteria designed to minimize any changes to the pre-development runoff hydrograph. These facilities will also achieve or exceed the 85% TSS treatment requirements imposed by the state. Again, the project proponent desires to set the high standard for all additional like development within the basin. The combination of existing SWIM Buffers, NPDES regulations, and the Draft Mint Hill Water Quality Ordinance will keep the Bridges and any other foreseeable development from degrading Goose Creek further. While Goose Creek was identified on the 303d list in 1998 for a standard violation of increased levels of fecal coliform resulting from either construction or urban runoff/storm sewers any future growth should not contribute to this problem when existing regulations are fully honored. Fecal coliform levels resulting from the Bridges are expected to be extremely low and not significant, because stormwater facilities (including stormwater wetlands which are ideal for the removal of urban pollutants (BMP Manual)) are proposed above and beyond all criteria for such in the area. Therefore, the Bridges will not contribute to the fecal coliform contamination of Goose Creek on account of the stringent stormwater controls that will be implemented. Pond Draining The following text will be amended to the Erosion Control Plan for the Bridges and will be submitted to Mecklenburg County for review and approval under their erosion control regulations. The approved erosion control plan will be submitted for your records. 1: Excavate a stilling basin outside of jurisdictional wetlands (Dimensions and location to be determined by engineer and approved by regulating authority.) and line with rip-rap (Class to be determined by engineer.). 2: Construct arip-rap apron from the stilling basin back to the projected breach point. 3: Construct a siphon using PVC pipe (Pipe size and volume to be determined by engineer.) and that extends from the pond to the stilling basin and lower the pond surface elevation at a rate of approximately 1 foot per day but not to exceed 2 feet per day. 4: Daily excavate the breach (Dimensions of trapezoidal breech to be determined by engineer.) to the water surface elevation at the end of the day and extend rip-rap to the edge of water. Newton Office Canton Office PO Box 224 wnrinc.com PO BOX 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 5 828-648-8802 Fax 5: Daily seed and mulch (1 ton /acre) exposed pond bed with 50% winter rye and 50% fescue by acre and over seed with Juncuss effusesat a rate of 8 oz. per acre. The above provides the framework by which the pond will be breached. The above measures will ensure that water quality is maintained but the approval of the breach will need to be approved by Mecklenburg County. Feel free to call me at 828 / 320-8120 with any questions that you may have. Best regards, ~~ hris Huysman Newton Office Canton Office PO Box 224 wnrinc.com PO BOX 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 6 828-648-8802 Fax Wetland and Natural Resource Consultants, Inc. September 7, 2005 Ms. Amanda Jones US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 RE: The Bridges at Mint Hill Mint Hill, Mecklenburg County, NC Ms. Jones: :~~ ...~ . y ~'~ '/ ~~ ~I' • f i .~ The purpose of this letter is to provide you with the additional information you requested for the processing of the Nationwide Permit for The Bridges of Mint Hill. This letter is intended to provide you with information relating to project's stormwater management, stream buffer widths, internal. road crossings, and utility infrastructure. It is our belief that this information is sufficient to address your regulatory concerns relating to Section 404 impacts attributed to the project. Also included is information concerning Lawyers Raad and off-site sewer infrastructure that was requested by the US Fish and Wildlife Service and the NC Wildlife Resources Commission. This package contains calculations from the project engineer that demonstrate that implementation of the stormwater controls mandated The Mint Hill Water Quality Ordinance results in apre-development and post-development hydrograph that are highly similar (Attachment l: Hydrologic/Hydrographical Study). The memo discusses the methods utilized to assess control and treatment, and graphs show that the hydrograph for run-off generated within asub-basin of the proposed development are highly similar. This data shows that pre-development and post-development hydrographs are suitabiy similar to minimize potential downstream impacts from peak-flow discharges when the treatment mandates of the ordinance are met. Attached is a figure that highlights the vegetated stream buffers within the development (Attachment 2: Vegetated Buffers). The buffers along Goose Creek average 192.5 liner feet using simple math that relates total vegetated areas along streams (28 acres) to the length of Goose Creek (3, ] 60 linear feet). The minimum width of the vegetated zone is 298 and the maximum width. of the zone is 435 feet. Native trees and shrubs will be used for landscaping within 200 feet of Goose Creek. We have evaluated soil and hydrologic conditions at each of the two road crossings where we proposed pipe in our April permit application. Based on these findings we are going to utilize spanning structures that will. provide a clear span of the regulated streams. The redesign demonstrates the proponent's willingness to minimize and avoid impacts to streams. These additional studies have shown that we can not effectively bridge the stream crossing between the upper reaches of the pond and Interstate 485. We therefore request that we be granted authorization to pipe this crossing. Piping the single crossing minimizes impacts by 751ineaz feet in comparison to the April permit application. We have attached a Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 1 828-648-8802 Fax schematic of the crossing which includes plan and profile view and are committed to adhere to Wilmington Regional Conditions (Attachment 3. Construction Schematics). Based on geotechnical studies the sewer line can be bored underneath Goose Creek and will not require any discharge. We retract the request for this impact in the attached revised Pre-Construction Notification (Attachment 4: Revised Application). Attached is a copy of the routing for the private forcemain sewer that will be installed to serve the project (Appendix l: Sewer and Water Infrastructure). This utility will be constructed within road rights of ways and will not require any impact to Waters of the US. Stream crossings will be bored or placed inroad shoulders. Also shown in this figure is the municipal water and sewer infrastructure in the project vicinity and date the utility was operable. The final appendix is a copy of the traffic study for Lawyers Road. that was commissioned by the project proponent. Based on these findings the developer will be responsible for the construction of additional travel lanes. None of the construction will result in a discharge of fill into Waters of the US. Please feel free to call. me at 828 / 320-8120 with any questions that you may have. Best regards, Chris Huysman Newton Office Clyde Office PO Box 224 wnrinc.com 217 Paragon Parkway, # 142 Newton, NC 28658 Clyde, NC 28721 828-465-3035 828-627-0051 828-465-3050 Fax 2 828-627-0052 Fax ue5rc~~~ ~A11\a~i..,+~~ _ ~ .,rte ~+ r ,i~., .~I -. E. ~ ~~ ;1pr 1 ~ct~rc MEMO t7ATE: August 10, 2005 PROJECT NAME: The Bridges at Mint Hill TO: Chris Huysman Wetland and Natural Resources Cansuftant, Inc. FROM: Kevin W. Vogel, PE RE: Bridges at Mint Hill Wydrologic/Hydrograptrical Study PROJECT #: 1002024 As requested t.andDesgn has performed a preliminary hydrologicJhydrographical study of a portion of the proposed f3ririges at Mint Hilt project. This analysis was performed in order to represent the change trertween the pre-developed runoff hydrvgraph vs. the post' developed runoff hydrograph. Attached please find the resultant hydra€}r8phs generated from this study. For the purpose of this study the 1-inch design store, 2-year and 10-year ders~n storms were analyzed and ~aphed. Law tngaact Developed (Litz) ~ addition to canventiorur! storm water Best Management Practices were utlfized es t#ascrtbsd in the draft Mlint Hill Water Quality Ordinance. Adherimg to the requirements of this ordinance allowed us to meet a exceed aH requited pew gitetta designed to minimize any changes to the pre-developed nnwfF hydrograt~tt• The performance criterion that atE land development activities are required to meet areas follows: AB treatment systems shall be designed to achieve average annual 85% Total Suspended Solids (TSS) removal fur nmaff generated from the first inch of rainfall. Incorporate L!D practices to control and treat runoff from the first inch of rainfall. • Control and treat the increase in storm water runoff volume assoaated with past-canstructk~n conditions as compared with existing (pea-cansUuctian) condttions fQr the 2-year storm. • Gontroi peak storm water runoff rates far the 2-Year and 10•year storms. Divan Information: The foAawir-g information was utilized to evaluate the site based on drainage boundaries, existing conditions, propc>:sed slte layout. soil ~nditians, rainfaN duration, etc. • Pre-cortstructian Dralnage area = 10.3 Acres o Land Use =Woods in Fair Condition (GN = 60) Time of Concentration = 7.3 minutes Past-car~truction t?rairtage Area = 11.8 Acres o Land Use ~ Commercial (85°!. imperviaus}(CN = 92) Predominant Saii Type =Cecil o Hydrologic group = B Type il, 24-hour rainfall d~tribution cx 2-year storm depth = 3.12 inches n 10-year storm depth = A,13 inches Assumed data: The fdlowing is data lhat was assumed in order to provide the hydrologic study. • Biorelentian average infittraticm rate = 1.5 inches/Fxwr Post-construction Time of Concentration = 5 minutes The studied, representative drainage area would yield similar results for alt drainage areas and discharges to the creek within the site. Methodology: The first step in performing the study was to determine a drainage area within the project that is a repree3entative of the project as a whole in regards to site layout, impervious area, pervious area, etc.. Once this is dome, it is necessary !d detennlere the types of best management practices (BMP) that would best work within the site to accompNsh the r~equirad perfarmaske criteria. For this study, it was determined that the combination of nine (4) t~ioretention areas and one (1) extetxlr~d detention wetiand would serve the purpose of the Mint HiN Water Quality Ordinance, The drainage area was then subdivided ti,to smailer PCi Br... 16444 [harpce:r. NC 2826-4454 22l North Graekam Sersrt CharWtte. NC 25ZQ'A Y: 7Wr.131.Q32S is 7g4.Irl.1f13S ueSK~~~ .L..~-~~dD~ ~_ ~ . MEMO drainage areas which eantribute la either a bioretention area orwettand area... Each BMP was then sized Ong to the contritx-ting drainage area using the NCDENR Starmwatsr Best Management Practices Manual The wetland w0s ate designed to detain the additional volume of the 2-year storm and discharge it over a four day perked. After alt the 8MP's have been preliminary designed, the information was entered into Haestad's Pand Pack 9.0 in order to model the system and create the appropriate hydrographs. Rosufis: The attached hydn3graphs show that the combined use of bioretentian and extended detention wetlands either meet or exceed the ns4uired perfomu)nce criteria and effectively minimize any change to the pre-developed runoff hydrograph. ft should tee noted that the infomiatian used in this study is based on preliminary data and dtat actual results may vary from what has been presented here. 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Town of Mint FI'dl ~`"""~," ~ r~ojec, a: roo?ma General Growth Properties mww..w.~ow.,~caw K ~~ A »~~ ~)(~~ Eachibit Typical Creek Cross[ng (Bridge Crossing) • ~. ~ ~ ~ ~~ ~~~ ~ ~ ~ ~ ~ ¢ ~ ~ ;~r~ ~ ~° q ~ ~ g~t ~ a~ ~~~~~ ~~8~~a >;~~~ ~~ ~ ~~~ ~ ~ ~I _U _ _ . a ~ ~_ n 1 ~7i v y~¢~~ R~'~ ~~ ~q 8 ~~ ~~ ~Q~yy ~P 4g ~~ ~~o~~ The Bridges of Mint Hill ~~Zara1 scams N.TS. Town of Mint Hill project If: 1002p24 General Growth Properties w»~~- ~-»~ r.~ sncar M: ~(_z .,.~.ro.,A~.. Exhibit-Typical Creek Crossing (Culvert .. ~ ~ $ ~~ ~~ ... i ~. Orr '~1 R Mg q if ~~yg~M ~~ s~~q ~~~~~ ;~~~~ ~~~~ .~ ~~ RQ 8~ ~~ ~r The Bridges of Mint Hill s~ r~.u. Town of Mint Hill ~~~ f ~Q[t ~: ~~~~ General Growth Properties m,,,,,,,,.,,,,,, a,,.,K ,„„ ~~ }~: M ~~~7MlMTM EX-3 Exhibit•Typical Creek Crossing (Bottomless Arch) ~1~ N Z ~' 0 ti Pf m o ~: Z~ a ? o ~ ~- R A 'O ~ O .~- .+' f~ .~- fA ~ ~ a o n 3 0 r- A O ~ ~ N N -. O f ~ S n S O ~ [1 t n R p O o ~ ro ~ N f rt _. 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