20050666 Ver 1_USACE Comments_20060207

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DEPARTIV~ENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO y
ATTENTION OF: February 2, 2006
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Regulatory Division
Mr. Ron Den Adel
General Growth Properties
110 North Wacker Drive
Chicago, Illinois 60606
- Dear Mr. Adel: -_ -
Please reference your applications dated April 15, 2005 and January 23, 2006, prepared by _ --
__ -
Wetland & Natural Resource Consultants, requesting Department of the Army (DA) ----
authorization to place fill in approximately 3161inear feet of intermittent stream channel, 180
linear feet of perennial stream channel, 0.24 acre of open water, and 0.03 acre of wetlands
associated with the construction of The Bridges at Mint Hill, on the east side of Lawyers Road,
in Mint Hill, Mecklenburg County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, the "January 15, 2002
Federal Register, Final Notice of Issuance, Reissuance, and Modification of Nationwide Permits
(67 FR 2020 to 2095)" authorized the use of Nationwide Permit #39 for the construction of
residential and commercial developments. Four work is authorized by this nationwide permit
provided it is accomplished in strict accordance with the attached plans, enclosed general
conditions, and the attached special conditions. This nationwide permit does not relieve you of - -
the responsibility to obtain other required State or local approval.
This verification will be valid until the nationwide permit is modified, reissued or revoked,
which will occur by March 18, 2007. It is incumbent upon you to remain informed of changes to
the nationwide permits, which will be announced by public notice when they occur. If you
commence, or are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of the modification or
revocation to complete the activity under the present terms and conditions of this nationwide
permit.
Please note that until the North Carolina Division of Water Quality has issued a Section
401 Water Quality Certification for the proposed project this authorization is not valid.
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Questions or comments maybe addressed to Ms. Amanda Jones, Asheville Regulatory
Field Office, telephone [phone], extension 231.
Sincerely,
Scott cLendon
Acting Chief
Asheville Regulatory Field Office
Enclosures
Copies Furnished {with enclosures):
Mr. Chris Huysman __
Wetland & Natural~esource Consultants, Inc.
P.O. Box 224
Newton, NC 28658
Mr. David Cox
N.C. Wildlife Resource Commission
1721 Mail Service Center
Raleigh, NC 27699-1721
Ms. Cyndi Karoly --
NC Division of Water Quality
401/Wetlands Unit---
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Brian Cole
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
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Special Conditions
AID 200331121
Work Limits
1. All work authorized by this permit must be performed in strict compliance with
the attached plans, which are a part of this permit. Any modification to these
plans must be approved by the US Army Corps of Engineers (USAGE) prior to
implementation.
Related Laws
2. Work in waters of the U.S. and/or wetlands will not begin until the North Carolina
Division of Water Quality has issued a conditioned Water Quality Certification
for your project.
3. Final storm water plans shall be submitted to this US Army Corps of Engineers,
Asheville Regulatory Field Office for review prior to the discharge of any fill
material into waters of the U.S. and/or wetlands. The proposed plans will meet or
exceed the storm water treatment requirements outlined in the Mint Hill Draft
Water Quality Design Manual (Draft, 2000) and shall provide sufficient storm
water control such that there will be no change between the pre- and post-
development runoff hydrograph.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or
other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the permittee shall immediately report it to the N.C. Division of
Water Quality at [phone], Ext. 526 or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act will be
followed.
Project Maintenance
5. The permittee shall advise the Corps in writing at least two weeks prior to
beginning the work authorized by this permit and again upon completion of the
work authorized by this permit.
6. The permittee shall conduct apre-construction meeting with a Corps of Engineers
representative and applicable contractors prior to any land disturbance activities.
7. Permittee shall survey the boundaries of the preservation areas as depicted on the
map labeled Buffer Concept Plan and dated March 25, 2005. A final surveyed

map with distances and bearings shall be provided to Asheville Regulatory Field
Office prior to any land disturbing activities. These surveyed boundaries should
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 shall identify the demarcated area as a protected area. The fencing shall
remain in place throughout the duration of all construction activities associated
with the project. A representative of The U.S. Army Corps of Engineers,
Asheville Regulatory Field Office shall be contacted at least two weeks prior to
installation and removal of the fencing.
8. The installation of bottomless arch culverts shall be constructed in such a manner
that there will be no discharge of fill material into waters of the U.S. and/or
wetlands. Any discharge of fill material resulting from the construction of
temporary construction crossings, diversion structures, and coffer dams are not
authorized by this permit.
9. To provide compensatory mitigation for the proposed impacts, the permittee will
preserve approximately 10,218 linear feet of stream channel and adjacent riparian
buffer, and 5.2 acres of wetlands on the property as shown on the map and
subsequent survey labeled, "Buffer Concept Plan and dated March 25, 2005". The
preservation areas as shown on the attached plans are to remain in their natural
state in perpetuity. The following activities are prohibited in the preservation
areas.
1. fill, grade, excavate or perform any other land disturbing activities
2. cut, mow, burn, remove, or harm any vegetation
3. construct or place any roads, trails, walkways, buildings, mobile
homes, signs, utility poles or towers, or any other permanent or temporary
structures
4. drain or otherwise disrupt or alter the hydrology or drainage ways of
the conservation area
5. dump or store soil, trash, or other waste
6. graze or water animals, or use for any agricultural or horticultural
purpose
Any covenants recorded in order to satisfy this section must include the above
restrictions and the following language: "This covenant is intended to ensure
continued compliance with the mitigation condition of a Clean Water Act
authorization issued by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, Action ID 200331121, and therefore maybe
enforced by the United States of America. This covenant is to run with the land,
and shall be binding on the Owner, and all parties claiming under it." Such
covenants must also recite that the prohibitions listed above cannot be changed,
removed, or amended without the specific written consent of the U.S. Army
Corps of Engineers, Wilmington District.

10. The proposed pedestrian trail as shown on the attached conceptual plan, dated
Primary Circulation and Building Envelope Plan dated March 25, 2005 is
authorized provided minimal vegetative clearing is conducted by hand. Trees with
a dbh of less than six inches maybe removed that are in the alignment. Any
material used to construct the trail shall be made of pervious materials. Proposed
crossings of jurisdictional waters will utilize spanning structures. Prior to
construction of the trail, a representative of The U.S. Army Corps of Engineers
Regulatory Division shall be contacted to field review the proposed alignment.
11. Permittee shall execute and cause to be recorded in the Mecklenburg County
Register of Deeds, restrictive covenants acceptable to the Corps of Engineers for
the purpose of maintaining the preservation areas, as shown on the survey labeled,
Buffer Concept Plan and dated March 25, 2005. The permittee will record
restrictive covenants for the purpose of maintaining the preservation areas in their
natural state in perpetuity, acceptable to the Corps of Engineers, prior to the sale
or conveyance of any lots or other property within the subdivision. Permittee shall
provide a copy of the recorded covenants and plat to the Corps of Engineers
within thirty days of recordation.
12. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of
any pollutants except in trace quantities. Metal products, organic materials
(including debris from land clearing activities), or unsightly debris will not be
used.
13. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project,
and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit. A copy of
this permit, including all conditions, shall be available at the project site during
construction and maintenance of this project
14. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4).

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