20050666 Ver 1_WRC Comments_20050719

® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Amanda Jones, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
Cyndi B. Karoly, Supervisor
401 Oversight and Express Permits Unit
NCDWQ Wetlands and Stormwater Branch p L5
FROM: David R. Cox, Program Supervisor ~" "
Habitat Conservation Program ~U D
~ Y 9 2005
DATE: May 23, 2005 DENR _ WATER Ql1AL~TY
~t1ND S70RtiryyATER B~1NCH
SUBJECT: General Growth Properties and Childress Klein Properties -The Bridges at Mint
Hill, Goose Creek and Unnamed Tributaries thereof, DWQ No. 050666,
Mecklenburg County
The applicant is requesting concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers (COE)
and a 401 water quality certification from the N.C. Division of Water Quality (DWQ). The
NCWRC has reviewed information provided by the applicant, and field biologists on our staff
are familiar with habitat values of the project area, These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The applicant proposes to construct a mall (1.3 million square feet) on the headwaters of
Goose Creek. The project will require installation of two bridges over Goose Creek, filling 316
linear feet of intermittent channel, piping 149 linear feet of an intermittent channel, piping 149
linear feet of perennial stream and open cutting 40 linear feet of Goose Creek for installation of
utilities. Anon-regulated breach (2.7 acres) is also indicated for a pond with a failing dam.
Proposed imperviousness is approximately 55 percent of a 215 acre project. The project area is
presently agricultural and forested land.
iviaiung Agdress: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Bridges Memo 2 May 23, 2005
Goose Creek is impaired and on the State's 303(d) list. Additionally, there are records
for the federal and state endangered Carolina heelsplitter (Lasmigona decorata) in Goose Creek.
The U.S. Fish and Wildlife Service has designated Critical Habitat for the Carolina heelsplitter in
the Goose Creek watershed. This watershed also supports other federal and .state listed
freshwater mussels, including the federal species of concern and state endangered Atlantic pigtoe
(Fusconaia masoni) and Carolina creekshell (Villosa vaughaniana), the state threatened creeper
(Strophitus undulatus), the state special concern notched rainbow (Villosa constricta), and the
state significantly rare Eastern creekshell (Villosa delumbis), as well as other common species.
Monitoring conducted by the NCWRC has documented about a 50-percent decline in the
range of the Carolina heelsplitter in Goose Creek since the early 1990s. The decline of the
Carolina heelsplitter is associated with water quality and habitat degradation. Increased
urbanization in Charlotte and .Mecklenburg County has caused degradation to water quality and
aquatic habitat.
During previous meetings with local government officials of the Mint Hill area, state and
federal biologists raised concerns regarding direct and indirect impacts for development projects
in the Goose Creek watershed. In the 404/401 application, the consultant states that the
measures outlined in the application "demonstrates a spirit of overwhelming compliance with the
North Carolina Wildlife Resources Commission's Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and
Water Quality (July 2002)." Despite local government's proposed improvements in stormwater
management, NCWRC and U.S. Fish and Wildlife Service (USFWS) biologists continue to raise
concerns about the adequacy of stormwater management and riparian buffers either encouraged
by or provided by local ordinances in Mecklenburg County and Mint Hill. Additionally, several
other concerns and issues have been discussed including floodplain protection and forest floor
habitat benefits to mussel species. Therefore, the inclusion of all applicable conservation
measures should be considered.
We are concerned about direct and indirect impacts to Carolina heelsplitter and its habitat
in the Goose Creek watershed resulting from construction of the proposed project and associated
ancillary private development and public infrastructure projects.. In order to complete our
evaluation of the permit application, we request the applicant provide the following additional
information:
1. Please provide information on when the jurisdictional water delineations were performed.
We are concerned that delineations may have been performed during drought conditions
and additional jurisdictional waters, wetlands, seeps, and springs may occur on the site.
Due to the presence of Carolina heelsplitter and its habitat, it is imperative that all
jurisdictional waters are identified and correctly characterized (i.e., ephemeral,
intermittent, perennial). If the delineations were performed during drought conditions,
we recommend that a new and complete delineation for the project site be performed.
2. The applicant states that the plan "shall" comply with the Draft Mint Hill Water Quality
Design Manual. Please include a copy of the version of the" Draft" manual that will be
used for the area. The applicant indicates that Low Impact Development techniques will
have nutrient removal capabilities with extended detention wetlands along Goose Creek

Bridges Memo
May 23, 2005
and volume attenuation to replicate the natural hydrograph as well as the use of level
spreaders in preserved buffer areas. Placement of control structures like level spreaders
should not be located in floodplains associated with listed species. Maintaining existing
hydrographic conditions within the basin is essential to protect streambank stability and
aquatic habitats. In waters that support federally endangered species, we recommend that
new development exceeding 6% imperviousness shall be required to include stormwater
controls designed to replicate and maintain the hydrographic conditions at the site prior to
the change in landscape and at a minimum include provisions that satisfy WS II-HQW
minimum standards. The applicant should provide specific details on whether the
proposed stormwater control measures will meet this recommendation and other
stormwater management measures outlined in NCWRC's Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial
Wildlife Resources and Water Quality (July 2002) and WS-II CA requirements.
3. The information provided in the permit application shows the site is grouped into several
segments. Please provide information on each segment including identification of
buildings and stormwater control structures. Since the project is within a watershed that
supports a federally endangered species, we recommend that the applicant apply to DWQ
for an individual stormwater permit to ensure sufficient monitoring and management of
stormwater issues to preserve downstream aquatic ecosystems. Additionally, please
clarify whether materials used to construct the parking lots will be pervious or
impervious.
4. It is unclear from the information provided whether needed riparian buffer zones will be
maintained along Goose Creek and its tributaries. Buffers should meet or exceed those
protective measures indicated in the NCWRC's Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife
Resources and Water Quality (July 2002). Should the proposed buffers be less than those
recommended, we request the applicant provide information that documents the proposed
buffers meet the same level of aquatic habitat protection as those outlined in the NCWRC
Guidance Memorandum.
5. It is likely that the proposed project will result in improvements (e.g., widening) to
Lawyers Road. This road improvement will lead to increased imperviousness and
stormwater runoff and will likely facilitate additional development in the area. Any road
improvements and anticipated developments should be included as part of this permit and
certification application package.
6. The applicant proposes to breach an existing dam and drain the pond. Please clarify the
purpose and need for breaching the dam and draining the pond. Additionally, please
provide information on how the pond will be drained (i.e., breaching the dam or
pumping) and what protective measures will be used to provide restoration, maintenance
and stability to the remaining channel and buffers.
7. Two bridges are proposed over Goose Creek. Please clarify whether these bridges will
require any instream work or floodplain fill.
8. The applicant proposes an open cut for Goose Creek to install utilities. We prefer and
recommend the directional bore stream crossing method, and to begin this crossing
outside of the riparian buffer. However, if the applicant chooses to utilize the open cut
method, we recommend that aquatic surveys be conducted on perennial streams 100
meters upstream of the proposed crossing, within the proposed crossing, and 300 meters

Bridges Memo 4 May 23, 2005
downstream from the proposed project crossings. Surveys should be conducted by
biologists with both state and federal endangered species permits. Qualitative mussel
sampling should be conducted by visual (snorkel, SCUBA, or view scope) and tactile
surveys and should be conducted during the period 1 April to 31 October. These surveys
should be timed to provide catch-per-unit effort (CPUE). Specimens should be
documented for identification confirmation with color digital photographs in JPEG
format. The resource agencies should be provided a complete compilation of the results
of the survey. If species with federal protection status are encountered, sampling
activities should cease and findings should be immediately reported to John Fridell of the
U.S. Fish and Wildlife Service (USFWS) at [phone] and Ryan Heise of the
NCWRC at [phone].
9. The applicant indicated that wastewater will flow through parallel gravity sewer lines, but
it is unclear whether these are existing sewer lines or are new lines that will be installed.
Please provide detailed information on the utility (water, sewer, gas, electric)
infrastructure to be installed on the project site and where these utilities will be installed
in relation to jurisdictional waters. Please clarify if proposed water and sewer and other
infrastructure, including pump stations, will be used solely to provide service to the
project site or if these structures have the capacity to support additional development
within the area. Please identify if water and wastewater systems will be built by a private
entity to specifications required by local public utility. Please clarify if these utilities are
to be turned over to local utilities, serviced by local utilities or permitted by local or
public utilities subject to National Pollutant Discharge Elimination System permits.
Additionally, please verify that these activities are in compliance with current Interbasin
Transfer (IBT) restrictions issued by the Environmental Management Commission.
10. Provided that adequate measures are implemented to preserve downstream aquatic
habitats, discuss any enforceable measures to be provided to ensure permanent
compliance with permit and certification conditions as well as project proponent
promises. Mall proponents and local governments should provide details about ongoing
efforts and measures that will be provided for any ancillary or additional (secondary and
cumulative) development impacts precipitated by the mall or utilities. Any mitigative
measures provided for the mall should be applied to areas outside the mall within Mint
Hill or Mecklenburg County.
11. The applicant proposes to mitigate impacts by implementing a conceptual plan for the
Seventh Day Adventist Church site developed by NCWRC in 2001. It should be noted
that this conceptual plan was. to provide general information during initial discussions
with landowners and North Carolina Department of Transportation (NCDOT) regarding a
proposed restoration project. Should the applicant propose to use this site for mitigation,
we request a detailed plan that outlines the proposed restoration using natural channel
design including monitoring requirements and planting schedules. Any design work for
restoration activities in this area should include the entire section of Goose Creek and its
tributaries and wetlands within the property boundary. Any proposed restoration must
meet state-of--the-art natural channel design standards and assure stream stability and
floodplain integrity as well as prevent downstream degradation.
12. We understand that soils in this area are acidic and subject to significant erosion and that
it will be very difficult to maintain site stability and ensure that stream recharge functions
are not substantially modified. Based on previous restoration site evaluations, the stream

Bridges Memo
May 23, 2005
flows through an alluvial valley (Valley Type VII17 with wide, gentle slopes and well-
developed floodplains adjacent to river terraces. Soils at the site (along the creek) are
Monacan soils (MO). These are somewhat poorly drained, nearly level soils on
floodplains along streams and drainageways that have a branched drainage pattern. The
organic matter content is low in the surface layer. Permeability is moderate, the available
water capacity is high, the shrink-swell potential is low, and surface runoff is slow. The
subsoil is strongly acidic to neutral. Depth to the seasonal water table is only 0.5 to 2
feet in winter and in early spring. Flooding is for brief periods in late winter and early
spring. In Mecklenburg County, most of the acreage for MO soils is used for crops or
pasture. These soils have low potential for all urban uses because of wetness and
flooding. Good uses are for pathways and trails. Approximately 75 to 100 feet on each
side of the existing channel are Cecil sandy clay loam soils (CeB2 and CeD2) found on 2
to 15 percent slopes. These are well drained red clay or red clay loam soils found on
smooth, upland ridges. The applicant should provide detailed descriptions of soil
characteristics and conditions in the area as well as provide information on measures to
maintain site stability and stream recharge functions. Project proponents should provide
additional evaluations of stream, soil and geologic conditions through the mall site and
downstream to the county line.
While we are encouraged by the proactive measures taken by the applicant, we are
concerned that they may not be adequate to protect the Carolina heelsplitter and its habitat.
Therefore, at this time, we cannot concur with the issuance of a 404 permit or a 401 water quality
certification due to additional information needs and the potential for direct and indirect impacts
of the project to designated Critical Habitats of the Carolina heelsplitter as well as other state and
federal listed species. The U.S. Army Corps of Engineers should consider requiring an
Individual Permit for this project due to the presence of species listed pursuant to the Endangered
Species Act. The N.C. Division of Water Quality should require an Individual stormwater
permit for the mall site and additional developments in this watershed. Public hearings should be
held for these permits and certifications prior to issuance.
Proposals for implementation of alternative measures from those outlined in NCWRC's
Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic
and Terrestrial Wildlife Resources and Water Quality (July 2002) may be considered. For
habitat measures that do not conform to NCWRC's recommended measures, we would favorably
consider implementation of such measures provided the applicant implements an approved
monitoring plan to document equivalency. However, in the event the implemented measures do
not provide the desired protection, local governments, including Mint Hill and- Mecklenburg
County must agree to implement additional measures until equivalent protection is attained. In
order to assure that. this occurs; automatic building moratoriums will need to be provided and
implemented immediately. Also, limitations will be needed on the provision of all public
utilities, including, but not limited to roads, sewer and water serving the area.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact Ikon Linville at 336-769-9453.
Ec: John Fridell, USFWS

Bridges Memo 6 May 23, 2005
Sarah McRae, NCNHP
David Cox, NCWRC
Shannon Deaton, NCWRC
Alan Johnson, DWQ-MRO
Melba McGee, OLIA
cc: Childress Klein Properties, 301 S. College Street, Suite 2800, Charlotte, NC 28202