20050666 Ver 1_More Info Letter_20060217

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jQgG Michael F. Easley, Governor
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r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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O ~ Alan W. Klimek, P.E. Director
_ Division of Water Quality
February 17, 2006
DWQ Project # 2005-0666
Mecklenburg County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Ron Den Adel
General Growth Properties
110 North Wacker Drive
Chicago,lL, 60606
Subject Property: The Bridges at Mint Hill
Goose Creek, 13-17-18, Class C, 303d Listed
REQUEST FOR MORE INFORMATION
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Dear Mr. Adel:
On April 18, 2005, the Central Office of the Division of Water Quality (DWQ) in Raleigh received your
application dated April 15, 2005 to fill or otherwise impact 654 feet of streams to construct the proposed
Bridges at Mint Hill commercial development. Your application materials. were forwarded to the DWQ
Mooresville Regional Office. On June 14, 2005, Mr. D. Rex Gleason of the Mooresville Regional Office
placed this project on hold for additional information needed to complete the review of the application.
You provided a partial response to the Mooresville Regional Office in correspondence dated November
21, 2005. The following list;is itemized "a" through "e" to match the information request prepared by the
Mooresville Regional Officc and notes information you failed to provide.
Also, we have received a copy of the 404 Permit issued to you by the U.S. Army Corps of Engineers on
February 2, 2006. You are reminded that the 404 Permit will not be valid until and unless a 401 Water
Quality Certification is issued by the North Carolina Division of Water Quality. In reviewing the 404
Permit, we have determined that the impacts approved by the Corps are not adequately described and
delineated in the application materials we have received. This matter is discussed further below within
the context of the itemized issues below. Please note that the DWQ requires this additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, until we receive five copies of the additional information requested below, we will move
toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold
as incomplete. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
a. The Mooresville Regional Office requested detailed diagrams for the two proposed road crossings
and the sewer line crossing, along with details demonstrating long-term stability of these systems.
Also, it was suggested that. the sewer line crossing should be installed by directional bore rather
than open cut. Your response did not provide a direct answer to DWQ's questions, but referred to
an attached copy of your September 7, 2005 correspondence to the U.S. Army Corps of
401 Oversight/Express Review Permitting Unit ~~tllCQ ~a
1650 Mail Service Center, Raleigh, North Carolina. 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httpa.~h2oenrstate.nc.us/ncwetlands
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The Bridges at Mint Hill '
Page 2 of 4
February 17, 2006
Engineers. In that letter, you committed to directional boring of the sewer line crossing, so that
particular issue has been adequately addressed. However, the narrative related to the three (or
four?) other stream impacts is difficult to follow. Your original Pre-Construction Notification
(PCN) listed four stream impacts totaling 654 feet, but the Stream Impact Site Numbers were not
indicated on the maps attached to-your application. These four stream impacts included 1) 316
feet of fill in an intermittent stream beneath a building, 2) 149 feet of fill in an intermittent stream
for a road crossing, 3) 149 feet of fill in a perennial stream for a second road crossing, and 4) 40
feet of impact in Goose Creek for the sewer line. Impact Site Number 4 was also listed as
involving 2.7 acres of anon-regulated breach of a pond. No other open water or wetlands
impacts are listed.
Your September 7, 2005 response notes that the two road crossings in your application would be
spanned completely, but that the stream crossing between the pond and I-485 would still require
filling with a pipe. As far as we can tell, the latter stream crossing was not included in your April
2005 Pre-Construction Notification materials. You noted that piping of this third single crossing
would minimize impacts by 75 feet in comparison to your.original application. However, if you
were to bridge the first two road crossings, would that not involve a reduction of fill by 298 feet
(149 +149. feet)? .Your response to us notes that the total stream impact now stands at 579 feet.
The 404 Permit issued by the U.S..Army Corps of Engineers authorizes fill in 316 feet of
intermittent stream channel, 180 feet of perennial stream channel, 0.24 acre of open water, and
X0.03 acre of wetlands. Clearly, DWQ has not received application materials accurately listing
(with labeled site maps) all of the currently proposed impacts to jurisdictional wetlands and
waters. Please provide five copies of a revised Pre-Construction Notification package with the
requested impacts clearly described and labeled on accompanying site plans.
b. The Mooresville Regional Office had suggested development of on-site mitigation to address-the
proposed impacts to Goose Creek and its tributaries. Given the lack of clarity with respect to
.actual proposed impact numbers, it is difficult for us to determine exactly what the required
mitigation quantities=will be. Upori receipt of your revised PCN, we will review your application
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further for mitigatiotrrequirements. Please be sure to include a detailed mitigation plan in your
revised application. A "conceptual" mitigation plan will not be acceptable.
c. The Mooresville Regional Office had requested information pertaining to the buffer widths along
all streams on-site. In your revised application, please be sure to include a thorough narrative
discussing buffer widths, and include site plans with buffers clearly shown and labeled. Please be
sure to clarify and discuss which streams and/or buffers will be preserved on-site for mitigation,
including the ratios of impact to preservation.
d. The Mooresville Regional Office specifically requested that you prepare a detailed quantitative
analysis in accordance with the DWQ Cumulative Impact Policy available on our website at
http://h2o.enr.state.nc.us/ncwetlands . Your November 21, 2005 correspondence contained a
narrative qualitative analysis, but did not at all provide the quantitative analysis as required.
The Mooresville Regional Office requested specific details relating to the proposed pond
draining. Your November 21, 2005 response provided sufficient detail to describe the draining
activity itself. Please be sure to include the pond draining in your revised PCN. Specifically, if
there is a road crossing adjacent (i.e. within jurisdictional waters, including streams and wetlands)

The Bridges at Mint Hill
Page 3 of 4
February 17, 2006
to this pond, please include those impacts in your PCN form and attached documentation and site
plans.
You should note that the Division of Water Quality has received or been copied on correspondence from the
1VC Wildlife Resources Commission, the Southern Environmental Law Center, the Town of Stallings, the
North Carolina Natural Heritage Program, and U.S. Fish and Wildlife Service. These letters outline their
concerns with the potential water quality impacts of this project, particularly with respect to Goose Creek
and its populations of state and federal listed species, including the Carolina heelsplitter (Lasmigona
decorata). You should note that we intend to recommend to the director of the Division of Water Quality
that a public hearing be held in accordance with 15A NCAC 2H .0504 in order to provide an opportunity
for public input on this project. Although the U.S. Army Corps of Engineers applied Nationwide Permit
#39 to this project, DWQ has the discretionary authority to elevate any application to require an Individual
Certification if it is determined that the public interest would not be adequately served by application of a
Genera1401 Water Quality Certification. Therefore, you are hereby notified that we have determined that
an Individua1401 Water Quality Certification will be required for this project. Upon receipt of your revised
application materials, we will review them for completeness prior to placing them on Public Notice in
accordance with 15A NCAC 2H .0503. We will apprise you of schedules related to the Public Notice and
public hearing processes as they are developed. Since this project will undergo increase public scrutiny
throughout these processes, you should pay careful attention to the completeness of your application
materials. We strongly suggest that you include a detailed stormwater Ynanagement plan, and address the
conditions of the 404 Permit in your revised application.
Please contact the DWQ by March 10, 2006 to verify your receipt of this letter and your intention to
provide DWQ with the requested additional information. Please provide five copies of all materials
included in your response. If we do not hear from you within three weeks, we will assume that you no
longer desire to pursue this project and we will consider the project withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please_ be aware that any impacts requested within your application are not
authorized (at this time) by tlie~3JVQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan in the DWQ
Central Office in Raleigh at 919=133-1786 or Alan Johnson in the DWQ Mooresville Regional Office at
704-663-1699 if you have any questions or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 OversightlExpress Review Permitting Unit
CBK/cbk
cc: Alan Johnson, DWQ Mooresville Regional Office
Amanda Jones, USACE Asheville Regulatory Field Office
John Dorney
Melba McGee, DENR Office of Legislative Affairs
Alex Marks
Robin Smith

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The Bridges at Mint Hill
Page 4 of 4
February 17, 2006
Susan Massengale, DWQ Public Information Officer
David Cox, Wildlife Resources Commission, 1721 MSC, Raleigh, NC, 27699-1721
Brian Cole, U.S. Fish and Wildlife Service, 160 Zillicoa St., Asheville, NC, 28801
File Copy
Central Files
Chris Huysman, Wetland & Natural Resource Consultants, P.O. Box 224, Newton, NC, 28658
Dei-b Carter, Southern Environmental Law Center, 200 West Franklin St., Suite 330, Chapel Hill,
NC, 27516-2520
Sarah McRae, NC Natural Heritage Program; 1601 MSC, Raleigh, NC, 27699-1601
Lucy Drake, Town of Stallings, P.O. Box 4030, Stallings, NC, 28106
Filename: 050666BridgesMintHill(Mecklenburg)HOLD2

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A?tn: Chris Huysman..DWQ OS-0666 Bridges at Mint Hill
Subject: Attn: Chris Huysman..DWQ OS-0666 Bridges at Mint Hill
From: Laurie Dennison <[e-mail]>
Date: Mon, 20 Feb 2006 07:49:20 -0500.
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. Ali- response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
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