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HomeMy WebLinkAbout20071441 Ver 2_401 Application_20071007~~-14~i v2 • ~ Soil & Environmental Consultants, PA 236 LePhillip Court, Suite C Concord, North Carolina 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 www.SandEC.com October 18, 2007 S&EC #5-1925wx PAID N.C. Division of Water Quality `_ 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 F~ ° °`~ ~Yf~ ~ <-, y[~~« ~ °+ ~ ~„}' ~~ p :, ?! '~ Raleigh, NC 27604-2260 -~7 ~~ RE: Ridge Road Apartment Site Mecklenburg County, NC ~a~i,J~ , ~,~,~~.~~ ~T ~ UI.NDspot,p T0:4?~ .~~T~.~igR,4Adt:H Dear Mrs. Karoly: The following information is an update to an earlier submittal, DWQ# 07-1441, after direction from the US Army Corps of Engineers (USAGE). Our initial submittal has been placed on hold by the DWQ until the updated information is provided. The USAGE has issued a NW Permit 29 based on the information within this submittal (see attached). The USAGE has decided that impacts related to a proposed thoroughfare road and 2 side streets should be considered cumulative to the proposed project and not separate. Additionally the USAGE determined the City of Charlotte did not have to sign for impacts that occurred within their public right-of--way. The project will involve the construction of apartment buildings and supporting infrastructure. At this time no final building plans have been prepared. However, no additional impacts to jurisdictional features will result from the proposed apartments. In addition, storm water management for the final plan will meet the DWQ BMP requirement of 85% TSS. We request conditional approval for the 401 with final storm water plans to be provided to the DWQ upon completion. In total 296 linear feet of stream and 0.174 acres of wetlands are proposed for impact. Construction of Prosperity Village Road, Cottage Oaks Drive and Thomas Ridge Roads is required by the City of Charlotte via zoning approvals for development of the subject property. The proposed culverts will be buried to allow for aquatic life passage. The 404 permit approval requires mitigation of 2961f of stream. The client has received an acceptance letter from the EEP for mitigation payment Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336)540-8234 Fax: (336)540-8235 Raleigh Office: 11010 Raven Ridge Road Raleigh, NC 27614 Phone: (919)846-5900 Fax: (919)846-9467 PROJECT SUMMARY Pro'ect Name Rid e Road A artments Pro'ect T e Residential Owner / A licant Charter Pro erties Coun Mecklenbur Nearest Town Charlotte Waterbod Name Ston Creek Basin /Sub-basin Yadkin Index Number 03040105 Class C IMPACT SUMMARY Stream Impact (acres): .02 Wetland Impact (acres): 0.174 Open Water Impact (acres): p Total Impact to Waters of the U.S. (acres): .0194 Total Stream Impact (linear feet): 296 Attachments: Pre-construction Notification (PCN) Application Fonn Agent Authorization Impact Map,/Site Plan, Cross-sectional culvert views NC EEP acceptance letter USACE NW 29 permit Charter Properties Justification letter and rezoning map City of Charlotte Letters DWQ stream forms DWQ 401 Fee Please call if you have questions or comments regarding the information provided. Sincerely, i~ Wendell Overby NC Licensed Soil Scientist NC Registered Forester Office Use Only: Form Version Mazch OS USACE Action ID No. DWQ No. ~ `~ _ I ~- ~` ~ y Z qtr any par<tcutar item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 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: 29 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 here: ^ II. Applicant Information ~ _ `~ .. ~~ F "_~ ~ "~` l ~ 31 ..« 1. Owner/Applicant Information ~' ~~ t ~~~ ~~ ~~~~`~~ ~ Name: Jim Homan ; ,.. Mailing Address: Charter Properties ~~~ ~,~ ~ ; ~.~ ^ ^''~~~~` a '~ ~t'~P~'~C.'ti 1520 South Boulevard, Suite 215 Charlotte, NC 28203 Telephone Number: (704) 377-4172 Fax Number: (704) 333-4532 E-mail Address: ilh(c~charterproperties.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: Wendell Overby Company Affiliation: S&EC, PA Mailing Address: 236 Le Phillip Ct Suite C Concord, NC 28025 Telephone Number: (704) 720-9405 Fax Number: (704) 720-9406 E-mail Address: woverbvnsandec.com III. Project Information Updated 11/1/2005 Page 5 of 12 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: Ride Road Apartments 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 02931131 and 02931132 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number):_n/a Directions to site (include road numbers/names, landmarks, etc.):I85 exit 46B. Take Mallard Creek Church Road west. Road turns into Prosperity Church Road Folllow west until Rid;;e Road. Turn right on Ride Road property behind Harris Teeter shopping center 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): 35.3703 °N 80.7798 °W 6. Property size (acres): ~14 7. Name of nearest receiving body of water: Stony Creek 8. River Basin: Yadkin (03040105) (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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing conditions include forested and open land Previous ballfield area near Ridge Road. Existing house (to be removed) on property Surrounding area is mixture of retail (strip mall) and single-fmaily residential homes Updated 11/1/2005 Page6of12 10. Describe the overall project in detail, including the type of equipment to be used: Construction of thoroughfare road and 2 side streets as per zoning requirements for development of apartment complex Heav~quipment includingpans and backhoes will be used for site preparation. 11. Explain the purpose of the proposed work: Construction of apartment complex and roads. 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. The USACE has issued a NW permit 29 for the proposed impacts within this PCN (Action ID SAW-2007-02886) 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 ermit re uests antici ated. 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: Proposed impacts involve 296 if of stream and 0.174 acre of wetlands. Updated 11/1/2005 Page 7 of 12 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 imnactc rh7e to tenth etnirfiira on(1 fl.....7;,,,, Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, mazsh, 100-year Neazest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (lineaz feet) 1 Culvert/Fill Riparian No 0 0.16 2 Fill Headwater No 20 0.014 Total Wetland Impact (acres) 0.174 3. List the total acreage (estimated) of all existing wetlands on the property: 2.24 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- Tn calnnlata a!`rPa rta mnl4i rel., lo,,.,+h V ,:,741, ai_..~ ~I__: ~_ 7___ ~~ cin Stream Impact -__o-' ---'~ "'Y'V '~"b"' ` ~ ^..a..aa, uavu ua Average viuv V~' TJ,J Impact VV. Area of Number Stream Name Type of Impact Perennial o~ Intermitt t Stream Width Length Impact (indicate on ma) en . Before Im act (linear feet) (acres ) 1 UT Stony Creek Culvert P 3 149 .O1 2 UT Stony Creek Culvert P 3 67 .005 3 UT Stony Creek Culvert P 3 80 .005 Total Stream Impact (by length and acreage) ~9 • d. 149 .02 u 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- drednina flnnrhno rlrainana h„1Lho~a~ o+,. Open Water Impact Site Number ... ... Name of Waterbody v~ --------a-~ _ -__~__ .....».,, ...... Type of Waterbody Area of (indicate on ma ) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact ocean, etc.) (acres) n/a n/a n/a n/a 0 Total Open Water Impact (acres) p 6. List the cumulative impact t~ all WatPrc of the I r c raenl4inn ~.~.~.~. rho ....,.:,~,.~. Stream Impact (acres): ,02 Wetland Impact (acres): 0.174 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.194 Total Stream Impact (linear feet): 296 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Updated 11/1/2005 Page 8 of 12 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 USAGE. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: 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 may be 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 alignment of the proposed Prosperity Village Road road has been set by Charlotte DOT at Ridge Road and I 485 (terminal ends of road). Therefore no flexibility in adjustments to corridor between those roads The 2 side streets have to connect to existins7 streets and cannot be moved Jurisdictional features exist east and west of larger road corridor so avoidance is not possible Similarly a stream flows along the eastern property lme and is unavoidable in the case of the 2 side streets Proposed road ali nments area roximatel e endicular to 'urisdictional features. 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. USAGE - 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 Updated 11/1/2005 Page 9 of 12 mitigation as proposed. Examples of mitigation that may be 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.). 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. The 404 permit requires mitigation for restoration of 296 if of stream The applicant proposes payment to the EEP for meetin mitigation requirements An acceptance letter from the EEP is enclosed. 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://wwtiv.ncee .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): 296 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) 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)? Updated 11/1/2005 Page 10 of 12 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 ^ 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 ^ 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 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)? Yes ^ No 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. Im act I , ` . , Zone* r~~„ap f o*~ Multiplier Required 1 3 (2 for Catawba) 0 2 1.5 0 Total I I 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 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. 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. Updated 11/1/2005 Page 11 of 12 Proposed project will meet NC DWO 85% TSS removal We request conditional approval of 401 while storm water management plans are completed Upon completion plans to be submitted to DWO for approval/review. Project will exceed 20% impervious 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. Project to be served by municipal sanitary sewer (CMUD) 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 anafter-the-fact permit application? Yes ^ No 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: Area surrounding proiect already developed Project will involve only the development of the 14 acre site. 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). ' ~~~C~~ 1 /o-~~~ - 07 Appli~ nt/Agent's Signature Date (Agent's sign tore is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 12 of 12 Soil & Environmental consultants, PA 236 LePhillip Court. Suite C Concord, North. Carolina 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 www.SandEC.com AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner Name: Addresi Phone: ~U~ Project Name/Description: ~ ~~ Date: ~ U The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn.: Steve Cho in Field Office: Asheville Re: Witlands Related Consulting and Permitting To Whom It May Concern: I, the current r~'tX owner, hereby designate a.nd authorize Sail ~ Environmental Consultants, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish. upon reques supplemental information in support of applications, etc. from this day forward. The day of This notification supersedes any previous correspondence concerning the agent for this project. NCtTICE: This authorizatifln, for liabiIiEy and professional courtesy reasons, is valid only for government officials to enter the property when accomgazued by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. Print Proper . O er's me roperty Owner's Signature ~~~ cc; Mrs. Cyndi Karoly cc: Mr. Wendell Overby NCDENR - DWQ Soil & Environmental Consultants, PA. 2321 Crabtree Blvd., Ste 250 Raleigh, NC 27604-2260 Greensboro 01'fice: Raleieh Q('fce; 3817-E l.,awndale .Drive 11010 Raven Ridge Road Greensboro, NC 27455 Raleigh, NC 2761.4 Phone: (336) 540-13234 Phone: 1919) 846-5900 Fax: 1336) 54(}_5235 Fax: (919) 846-9467 __ ,~ > .r 77 i 1 +C ~~ i ~_ , y ~ ~~ 5~~ ~ 66 ~ y ~ y 1: ^i~i \~,, ~ ,J f 1/ V ``^-~~i~. • ~~ _...~ a '~. ~>~... ^\~` J 'c' ~ ..~. /~,--_ ~t~~i ,~~-. ~/f~i ~I `^~ ICI i' ," 1 ~~~1.-, a t 1 ,,.~ ~ \~~ I }- ~ i~'`~.~~`\ ~ ~oara ` ' i._ / _._ I `~ ,~ II '~!i J' ~ / ~ ~ `yc,. -... \~ -~ I ~- , , i 11`-v` , } ( ~~. .~i``~F - !/r~/r :^t ~~~i i ~~ \~ ~% I \ _..~ ::f I ~5~ __ .r / /`. /J~~. ~~ "'1~~ '1~'`,`'"~r""~1; '-r-~4 ~)l`{` ~ ~: f~~! ~\`U/...I `,^~(~p.~~ \"~ i ~ c 1:~ ,,,~} ~ (,~ ~ '~' ``1'~ _ !\~{ l~! 11 ~ ~•~ ',: 1 .`\`~+ I :L\i ~ `-=~?1 1 { ~ tr\,;~"- ~l t fir/ ` ..~~~\\i-~.. ~~ .- .. ~..-_ 1 ` ~~°. , \-/' I- G ~ )u n -"~-~ /- - -.\a } /•'.~ S ,., 7i. >;~,, J{` `~~-. ~ ~ igg( r,;C- / ,'tom- ~:' :/):~,. __'I (t~,~~J 1.: `~.-~i - ~~I )~F/ r~I~,/~V 1 (~t ~1 n ~~ ~S-I1f~u5) 'l.l' /( .r~` j ~~~ J .;;~._. ~1'~~ ~ ~`I ~ ~~-~ } 1~~~!~ ~:"++ Tn, l//'' 1Y-'~LG ~ 1"-t1 ( ,II, /'~~~'.) 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D" W Date: 7/182007 Caption: Charter Properties, Ridge Rd Scale: 1 inch equals 2000 feet (C) 1997, Mapte ~-. a 0 U x ~~ 0 ~ 7 W T ~, ~' z 7 ~ E-~ o w c~ w x ~ ~~ a w z w a x U W ~--=~ ~ SCANNED s-+~ U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Data; ,e-y•e7 Action ID. SAW-2007-02886 County: Mecklenburg USGS Quad: Derita GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Charter Properties, Inc., Attn: John D. Porter, III Address: 1520 South Boulevard, Suite 215 Charlotte, NC 28203 Telephone No.: Size and location ofproperty (water body, road name/number, town, etc.): Cottage Oaks and Thomas Ridge Road Extensions, and Prosperity Village Thoroughfare project located between Ridge Road and future I 485• in Charlotte ' Description of projects area and activity: Impact 296 LF of UT's - Stonv Creek and 0.174 acre of wetlands for the purpose of road construction in association with constr~acfion of a residential deve~opraent iyIITIGATION: In order to compensate for impacts to 2961inear feet of stream, the permittee shall make pavment to the north Carolina Ecosystem Enhancement Program (NCEEPI in the amount determined by the NCEEP sufficient to perform the restoration of 2961inear feet of warm water stream in the Catawba River Basin Cataloging Unit 03040105. Construction within jurisdictional areas on the property shall begin only after the nermittee has made full pavment to the NCEEP and provided a copy of the pavment documentation to the Corns that it agrees to accept responsibility for the mitigation work required in compliance with the MOU between the NCDENR and the Corns of Engineers, Wilmington District, dated November 4 1998 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide au*.horization is mcdif•.ed, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide pemut. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N. C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin. Page 1 of 2 _;, '`".~ ` orps Regulatory Official Steve Chapin Date: 10/2/07 ~'"l r~ Expiration Date of Verification: 10/2/09 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit httn://www.saw.usace.armv.mil/WETLANDS/index.html to complete the survey online. Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued .Action ID Basis of Jurisdictional Determination: Stonv Creek>iVlallard Creek>Rockv River>Yadkin River which is navigable-in-fact in at Blewett Falls dam in N.C. Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn:Steve Chapin, Project Manager, Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 12/2/07. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Steve Chapin Date 10/2/07 Expiration Date 10/2/2012 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: S&EC (Wendell Overby) Page 2 of 2 : i a 0 TURNBULL V~~' i MaD: ~ , ~ Site \,~ ~__~ / ,. ( t ,~~ t / ~ ~ ~/ ~ \ I t II I J ' ~ _ . \ "~_ ~ EXISTING HIGHLAND CREEKI VII.LAGE I i l / I 1 ( t f l ` Sheet 4 ' " -LIMITS OF DELINEATION ~ _..~- ~-- _` I ~\ \ `\ ` ~ 1 ~ / '<`_ J ~ ~ __~ '' -~.. ~ '~ .~ i SIGMON DESIGN Turnbull Sigman Design IOOI Morehead Square D Suite 530 Charlotte, NC 28403 .-= l~oae: go¢.5sg.65oo Fa:: ga4.5zs.o882 LAND DEVELOPMENT DESIGN SERVICES .Charter Properties -- 1520 SOUTH BLVD. ~~, = SUITE 215 -_ CHARLOTTE, NC 28243 704-377-4172 Prosperity Village Apartments CITY OF CHARLOTTE MECKLENBURG COUNTY __ Wetland Exhibit .. - Overall PROJECT NUMBER: ISSUE DATE: 10/17/07 IMPACT TABLE OS~A~.t F1`_ a'S33E5. ladE+4~EL STREAM 958 0.02 29fi WETLAND 7579 0.174 --- TOTAL: 8537 0.19 296 \ ~' _ _._ - ~ Sheet 3 ~' , I I I I . Fnhu'e Multi-Family Development ~~ - ~,~ (No Currant Planaj Cho ~~ -~ Sheet 2 i al m t ~` l l , b ;S 1 ,'. ~~r~~, ~> ~ ~, ' I POND ~ g ~ ~ ThomasRidgaRoad 1 L ,~ Q J - .r ~ ~.. +. ~ ~-- 1 C1 WETLAND \ ~ ~ i I o lao zoo 400 ~aa soo DESIGNED BY. 555 N0. DATE: BY: REVISIONS: 4 SHEET NO OF 'l'UKNl3ULL i ~1GMUN DESIGN r a w a N N 0 N m 0 s G 0 ui r a r W s d r v 3 N N O Q N N 0 n i N a 0 N 1\ } -. \ \ ~ ~ PROPOSED HEADWALL ENO RIP RAP REQUIREC i I ~'. ~j} STREAM 1- 149 LF OISTUR6ANCE WETLAND 1 - 0.16 A ~ DISTURBANCE `' J 1 ~` ~ / 5096. ' ~ 309-CLD ~ sloo j 408 TIE 309 ~ 51.01 ` ~ 407 t \ ~ i SURVEYED WETLAND FLAG I 5497 308-CLD V :C c v b!l crs ti 's" 4.. ~' .~ d] G t•- T~?0~`cS ~<,~~~ ~~~~r \~\ ~1_ ~~~ ~ :.. ~ ~ / ~~~ ~i ~ ~ \ ,/ '~ ~ PROPOSED HEADWALL ~ NO RIP RAP REQUIRED I 0 30 60 120 LIMITS OF DELINEATION ~; ~ ,~ ~ _,. Tnraball Sigmoa Deaiga iooi Notched Square D, Suite ~0 Charlotte, NC z82og Phone: ryo4.5zg.6goo Far. go4.r~2.o88z LAND DEVELOPMENT DESIGN SERVICES Charter Properties 1520 SOUTH BLVD. SUITE 215 CHARLOTTL, NC 2$2G3 704-377-4172 180 240 Prosperity Village Apartments CITY OF CHARLOTTE MECKLENBURG COUNTY !_ Wetland Impact ,= Map PROJECT NUM6ER: 155UE DATE: io/l~/07 DESIGNED BY. S55 N0. DATE: BY: REVISIONS: 2 4 SHEET NO OF a w i a N N M O h 0 N N 0 m a s v E 0 V .o s x w a n d : N N O h O 0) N N 0 h 0 w n 0 h 8 N S TURNBULL ! ~1GMUN D ES f G N -= Turnbull Sigmon Design IoOI Morehead Square D: -cam-- Suite 5go Charlotte, NC 28203 1 • ~ ya Phone: go4.52g.65oo Faa:7o4.522.a882 ~~: _._ LAND DEVELOPMENT DESIGN SERVICES Charter Properties 1520 SOUTH BLVD. SUITE 215 CHARLOTTE. ~JC 28203 704-377-4172 Prosperity Village Apartments CITY Of CHARLOTTE MEOKLENBURG COUNTY Wetland Impact Map PROJECT NUMBER: ISSUE DATE: to/I~/o7 DESIGNED BY: SSS N0. DATE: 8Y: REVISIONS: 3 4 SHEET NO OF TURNBULL • SIGMON D ES I G N Turahull Sigmon Design Soot Morehead Square D~ Suite 530 Charlotte, NC 28zo3 Phone: go4.gzg.65oo Fa:: 804.522.08&2 a w a N 0 0 N m u a d 0 U a L W c a v v N N 0 n a m N 0 0 N 0 7 n s N S ~~ 5150 -~ ~ 1 v~y ' 4 - ~~ 6-CLD / ~' t t ~ ~ 1 ~ ~ 574 CLD ~ ~ t :/ 1 • t /' 1 SURVEYED i~5148 / ~ t WETLAND FLAG `16,,2Lt) `! 51`45 ~ / tt 1.119-CLD ,~' s ~, I I ~~ ~ I ~ 144 1 ~ -~,__- 1~ -~~ PROPERTY LINE ~ , , ~ " I'~ 143 -CLD , ~ ~~ ~~~ 4 APPROXIMATE -CLD EDGE OF _. - _ I ,~sl~ ~, t PAVEM~Ny I J . ,% 5141 -' _f 23-CLD WETLAND 2 - 600 SQ.FT. WETLAND fMPACT / _ r.- - r /~ I +"~~ 1 `\ 40 / 'STREAM 3 - 80 LF DISTURBANCES ` -CLD \ ~ LIMITS OF ~ ~ ~ \ DISTURBANCE \ ~ ~ ~ ~ \ ~ \ ~` ~ ~ / ` CITY OF CHARLOTTE MEGKLENBURG COUNTY Wetland Impact Map PROJECT NUMBER: ISSUE DATE: l0/!7107 DESIGNED eY: SSS LAND DEVELOPMENT DESIGN SERVICES Charter Properties 1520 SOUTH BLVD. BUITE 215 CHARLOTTE, {VC e82G3 704-377.4172 Prosperity Village Apartments 0 30 GO 120 180 240 )~ N0. DATE; BY: REVISIONS: 4 4 SWEET NO OF is w t a 0 ,- ~u N ,_ 0 ni P• m TURNBULL IMPACT LOCATION `1 `~\ ~1 1 ~1 ~1 1 1 ~1 DEPTH BELOW EXISTING STREAM BOT70M FOR PIPE TO BE BURIED TO ALLOW FOR AQUATIC LIFE PASSAGE PROSPERITY VILLAGE ROAD TYPICAL ROAD CROSS SECTION I~1 TS F~'Op ~05E`` CR~10~ 72" CULVERT' I 1 ~~STREAM BANK .J EXISTING STREAM 60TTOM ELEVATION: 763.4.0 • SIGMON D ES I G N Turnbull Sigmon Design Iool Morehead Square . Drive, Suite g3o Charlotte, NC 2820$ Phone: 704.529.65°° Fax: go4.522.0882 LAND DEVELOPMENT DESIGN SERVICES Prosperity Village Road Thoroughfare Project Culvert Gross Section CITY OF CHARLOTTE MECKLENBURG COUNTY Wetland Impact Map PROJECT NUMBER: = ISSUE DATE: os/o9/07 DESIGNED BY: SSS = NO. DATE: 13 Y: REVIB)ONS: ~ ~ _- _ ._ _. IMPACT- LOCATION -` DOUBLE 4,5'X6' BOX CULVERTS ~1 1 1' ~- 'i DEPTH BELOW EXI511NG STREAM BOTTOM FOR PIPE TO BE BURIED TO ALLOW FOR AQUATIC LIFT PASSAGE PROPOSED ROAD GRADE FlLL -APPROXIMATE WA ELEVATION i ._I I i~~ ~ 1= I I=1 '-I ~-I I ~- I ~ i ' ~ ~ v i i i ill-I I L-i I .- - ~ I - ~ ~-~ I I~ I I=1 I =1 I~~ I I=i I I-l _I !'i ;I~I i~=11~-;I~ III-1~~=1~1-11~ i I ~ I ~, --1 I _I ~ 1-1 -i ~ ~-, i ,._~-~ ~_, i i i i--i ~~ ~-~ I ~_I i;-1 I;_; I I_ . "~ i ~_~ ~~ ~ '!' ~, i! 'i; 1 I i--i I i=i I' =i I'~=1 I j-f i j-~ f_ - I I- .. - 1=~ I =1 I i-'i 11= II_IiII, COTTAGE OAKS DRIVE DauBLE a.~'xs° BOX CULVERTS PROP ROAD GRADE FILL ~. .; oEPT~I eaow EXISTING STREAM BOTTOM FOR PIPE TO BE BURIr~ TO ALLOW FOR AQUATIC u~ PASSAGE APPROXIMATE WATER ELEVATION THON.~4S RIDGE ROAD TYPICAL ROAD CROSS SECTION NTS STREAM BANK J ~~ r ~~ _ _ __ ~.'URl®'~ULL ~ ~i~1VI.C~N ~~SIC~~V TurahtziISigmoa~esign IoOI Morehead Sangre Dr. Suite gg0 . Charlotte NC 28203 Phoae: 904.52g,fi5o0 Fat: y0d,g22,0882 LAND DEVELOPMENT DESIGN SERVICES ~ I~. I ~I , ~ ICI ~- ~'_: ' L EXI571NG STREAM -~ ' ' BOTTOM ELEVATION: 762.00 STREAM BANK ~ 1 1 -II'~ ;I'' LEXISTING STREAM =' I ~ BOTTOM -I' ELEVATION; 758.00 C ®t~age 0 aks ~raae '~aomas Madge load Culvert dross Sectao~zs CfTY OF CHARLOTTE MECKLENBURG COUNTY '~~~.a~d Impact IV~a~ PROJECT NUMfEER: l55UE DATE: oelo9/07 DESIGNED BY. SSS NO, DATE: BY: REVISIaNS: poi 78~' 77i 76t 76t O+t~ 1+00 2+O( ,, _.. August 9, 2007 Soils & Environmental Consultants via FED EX Wendell Overby 236 LePhillip Ct., Suite C Concord, NC 28025 Re: Ridge Road Wetlands Dear Wendell: Enclosed please find copies of the Ridge Road Rezoning Technical Data Plan and Schematic Site Plan both of which are stamped and dated as approved by the Charlotte City Council. Inasmuch as this is a unit of government both Scott Putnam at CDOT and I think that this should be sufficient to convince the USAGE that we are required to do this work. Please note on the Schematic Site Plan that both Thomas Ridge Road and Cottage Oaks Drive are shown as connecting through to our site. It is for this reason that we must build these roads including Prosperity Village Drive. Furthermore, the City's road right of way for both public roads extends to our property line. Therefore, we have not only the responsibility but in fact the right to make that connection, subject to the City's review of our road profile and construction details. For further details of my meeting with Scott Putnam on this issue see the e-mail that I sent today. Of course, call me with any questions. Sincerely, J n .Porter Seni r Vice President JDP/ac cc: Jim Homan w/enclosures SUITE 215 • 1~Z0 SOUTH BOULEVARD, CHARLOTTE, NC Z8Z03-4724 MAIL ADDRESS: P.O. BOX 37166, ZIP 28237-7166.5704) 377-4172 FAX: (704) 333-4332 ~~~€ a~' ~~° - - -~II~ .__ ~, \ ~ ~,--, r,\ _ ~,. _- _ , , /:~_ ~_ /~ ~'/ ~ / _~~'~ . U~p%~~ ~%% i' , RSA j- ~ ' '~~~~ .~.... ' ~- ~ ~-= ~, , _ ~ Ala . _ _ __ ~~ - :.~ / - ---- ~~j , I I \ -- -- , __ ___ -, I --- _ \ ;:. -- ~ f I _ _ ' ` ,n., .I ~ I I ~~ cxis~iric _ _ ._ , L U - ~ Z L~ ' AI I'i ~ ,. -~'f01YNdObiFS - r ~_J ~ t - t.~ , ,c ~ r ._ - ~ _ ~- ~\Iti_ r r I I _ C~ .. \/~co..m~.._ i I0. (~'~~~~ ~ - - ~ ___ S J~ ~ '~a~ I 1 Y 1 '~06%LAS:RIUGI:RUA]5 _..__ ' ~\\ ~ _ 1 I : L ~i: ~q~ - ~ ~ --~-- - ~~-? ~/ 1?:CIS I7fIG SINGLG r Q' \`-_ -- --'--~z ._1 FAMILY ~ ~~ I 1 ~' ~' rUIURE COMbiCRC1AL I FU rURF. CUMh1E: ,L \~ ss\s p. ~~ , r~_-_ O. ~_ __.___ "------ I ti-.-.e \ 1 - ___ . O L -__ - - _._ - __ - _ __ __ --_ __ `- -~ _ _ f -~---- __-- - -- - _ ~I -- - _ -_ - - --- ----PROPOSEI OR1'HCHARLOTIEOU'TERLUOP~I485)- ___ i I~--- --- __ --- ----t - - -- -- _ --- ~ I~- - -- - - --- - - -- - --- ~ I - --- -- -- - --- -- -- __-_ __w. --- ~ - _ __- ___ - i. msomusurt,tw•enmom,o ruw, rwnw.uo ruuo u u,mn r.,erutmn ra,cmacuuu sm la¢[r WlluY lt111nnen t . I I __'~__-~___ iri20u MnllKlim ~4FM w¢DOOiiann O/nlltnLtri APPf.C: .D C"_'IY Cam •.•.'_ VA 2 C: ~. ~_ .-. ww~m.u~ __ ~~ _ RIDGE ROAD REZONING ' "°° 9cn~b ~- --- --.- o r ,~ ~ R7-2 - __~-____._ SCIIEMIIT'IC SITE PLAN ~__ nn*e: lalenom aevlsm 1125/3W: ~~ .«.~ ~ Qj wFV,sioe,s res slurs Iona „srr. n¢vrswr,nuyns, ,, , 1„ ,i..,,,, Au~*ust 14, 2007 The Department of the Army U.S. Army Cozps of Engineers, Wilmington District P.O. Box 1890 1Vilmington,l~cC 28402 Attn: Steve Chapin, Asheville Field Office iZc: Proposed Prosperity Viilage Road Between Ridge Road and Proposed I-48~ Charlotte, NC Ucar ~Ir. Chapin, We have been requested by Charter Properties to provide you with confirmation of the Cur's requirements, standards, ordinances, and adopted policies for this property concerning roa~3~~:cv improvements that include crossing regulated streams under the jurisdiction of the L''S Army Cuc-hs of Engineers (USAGE). This is the first such request/requirement for conCrmation of these items trom the USAGE via the developer that the City has received. We are not aware of any chan`~c in practice V.' the USAGE concerning these items and I have tried to contact you several times for clariticatiun. In :n etiurt to assist Charter Properties with their application and avoid further delays, I am providing tho fullu~~ in~~ information with the understanding that before any additional requests/requirements arc: made b}' the :1rmy Corps of Engineers, that discussions with the City occur to satisfactorily resolve this issue. Development plans approved through the City's rezoning and subdivision processes must Hoer the C:itv's requirements. The City's adopted plans and ordinances require connectivity with existing public streets and transportation improvements on other public streets, if transportation impacts need to be miti~~atcd. This development plan was approved through a rezoning process by our City Council on December 1 G, 2002 after all applicable requirements for public street connectivity and mitigation of transportation impacts were met. This particular development is required to construct a portion of a new thorou~~hfare and to also construct connections with existing public streets located on an adjacent property. Prosperity Village Road is designated as a minor thoroughfare (unbuilt) on the i\~Iecklenburs-Union Thoroughfare Plan. The referenced section of this thoroughfare is located on property (iVlecl:lenbur~~ Tax Parcel ID Nos. 02931131 and 02931132) currently being developed by Charter Properties. 'I'I~c conditional zoning site plan for this development was approved by the Charlotte City Council on December 16, 2002 and is consistent with the City's ordinances. The approved conditional site plan DEPARTMENT OF TRANSPORTATION 600 East Fourth Street Charlotte, NC 28202-2858 P41: 704!336-4119 FAX:7o4/336-4400 U.S. Army Corps of Engineers August 14, ?007 Page 2 of 2 requires the developer to construct this section of proposed Prosperity Village Road bct«•een ~sisting Ridge Road and the future I-485 overpass just east of Prosperity Church Road. "I'hc dc~•elop~r is expected to file all necessary applications with the USACE for the construction of the roadua~~ improvement. Please note the following: The right-of--way for this section of Prosperity Village Road must be dedicated to the City of Charlotte. 2. The roadway improvements must be designed in full compliance with all applirabl~ Charlotte Department of Transportation (CDOT} and North Carolina D~partm~nt c~t• Transportation (NCDOT) standards and specifications. 3. Poiiowmg the completion of construction and ver.ncaron (InSpeCt1011) i.'laI liiC rOaCi\~';;~' \~'a~ constructed in accordance with approved plans, the City will accept the road for n»intenancc and add it to its public street system. Please feel free to contact me if you have any questions concerning this development at~plicatic3n. 1 I~u;: forward to discussing these issues with you in the next several weeks. Sincerely, '~ ~~;~ J Scott L. Putnam, PE Development Services Manager c: John D. Porter, Charter Properties, Inc. Rick Grochoske Norm Steinman 'T'racy Newsome Tim Richards Jarrod Karl Ron Kimble J ~.r~ ..-,~"'z.-~ . .~l .J _>._}_.I .~ I ~~. August 14, 2007 "I'he Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Steve Chapin, Asheville field Office P.e: Cottage Oaks Drive Extension Thomas Ridge Road Extension Between Proposed Prosperity Village Road and Existing Waverly Lynn Lanc Charlotte, NC Dear rVlr. Chapin, We have been requested by Charter Properties to provide you with conltrmatlon of the Citv's requirements, standards, ordinances, and adopted policies for this property concel-l~in~~ road~~~a~~ improvements that include crossing regulated streams under the jurisdiction oI' the US Army Cure; of Engineers (USAGE). This is the first such requestJrequirement for confirmation of these items i'rum the USAGE via the developer that the City has received. We are not aware of any change in practice b~ the USAGE concerning these items and I have tried to contact you several times for clarification. in an ci (ort to assist Charter Properties with their application and avoid further delays, I am providing the iullu~~~in~~ information with the understanding that before any additional requests/requirements arc made b_v the Army Corps of Engineers, that discussions with the City occur to satisfactorily resolve this lssuc. Development plans approved through the City's rezoning and subdivision processes trust meet the Citv's requirements. The City's adopted plans and ordinances require connectivity with existin~~ public streets and transportation improvements on other public streets, if transportation impacts heed to be miti~~ated. This development plan was approved through a rezoning process by our City Council ol~ Decclrlbcr 1G. 2002 after all applicable requirements for public street connectivity and mitigation of transi~ortatiun impacts were met. This particular development is required to construct a portion of a new thorou~~ht:u-~ and to also construct connections with existing public streets located on an adjacent prol~c:rty. The developer of Mecklenburg Tax Parcel ID Nos. 02931131 and 02931132 is required to cotatruct the extensions of Cottage Oaks Drive and Thomas Ridge Road between proposed Prosperity Village Road and existing Waverly Lynn Lane. The City expects Charter Properties to file all necessary applications with the USAGE to construct these street extensions/stream crossings. Note that the stream crossil~~s DEPARTMENT OF TRANSPORTATION 600-East Fourth Street Charlotte. NC 28202-2858 PH: 704/336-4t 19 FAX: 704/336-3400 U.S. Army Corps of Engineers August 1=t, 2007 Page 2 of 2 required by this construction are not on the developer's site but on an adjacent property in existing public street rights-of--way. Also note that: The extensions represent the western termination of existing public streets anti the proposed Prosperity Village Road is a thoroughfare road shown on the approved 1'ranspurcuion Improvement Plan for northeast Charlotte, NC. When the extensions are built they must be designed and constructed in full compliance with all applicable Charlotte Department of Transportation {CDOT) and \orth Carolina Department of Transportation (NCDOT} design and construction standards anil specifications. tiVhen construction is completed per CDOT and NCDOT standards and properly approved. the extensions and associated rights of way will be dcdtcated to and owned by tl;c Cit~.• o~~ Charlotte as a part of its public road system. Please feel tree to contact me if you have any questions concerning this development application. 1 I~)ol: i'onvard to discussing these issues with you in the next several weeks. Sincerely, ~,~ Scott L. Putnam, PE Development Services IVtanager c: John D. Porter, Charter Properties, Inc. Rick Grochoske Norm Steinman Tracy Newsome Tim Richards Jarrod Karl Ron Kimble off- ~~~ \ V~ North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: 2123 /07 Project: ~~4rGTCjC Latitude: 3S. 3 Q? ~ Evaluator: ~~ f~ Site: y~ J~p~,~ V~~~G~ Longitude: ~ -l~~ ~ Total Points: Other Stream isat/eastintemuttent ? J•5 county: InECK e.g. Quad Name: ~~~ if ? 19 or erennial if >_ 30 .7 A. Geomo holo (Subtotal = X5.5 ) Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 3 5. Active/relic floodplain 0 1 3 6. Depositional bars or benches 0 2 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 0 2 3 9 a Natural levees 0 1 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No ~ Yes = 3 Man-made ditches are not rated; seeQdiscussions in manual B_ Hvdroloav (Subtotal = l 1 14. Groundwater flow/discharge 0 1 2 15. Water in channel and > 48 hrs since rain, or Water in channel - d or rowin season 0 1 © 3 16. Leaflitter 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = C. Biology (Subtotal = ( ) 20b. Fibrous roots in channel 3 1 0 21 . Rooted plants in channel 3 1 0 22. Crayfish 0 0. 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0 0. 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0. 1 1.5 27. Filamentous algae; periphyton 1 2 3 28. Iron oxidizing bacteria fungus. 0 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = "Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form for adddional notes.) ~' ~ vv~2 s 5~2c-nr~ ~,M~•tL~ s Z ~t 3 North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: -r'', 3 /o ~ Project: Latitude: 4. Rio G FS /~-~M 3~. 370> ~ Evaluator: C7 U ~2~3 Site: EAST 7~~c-~- Longitude: So , ~75g W Total Points: Stream is at least intermittent County: Other if 2 19 or erennial if z 30 3 ~ ~ Ec ~ e.g. Quad Name: OC-rLi -7q A. veomor holo (Subtotal = ~ 1$ 1a. Continuous bed and bank Absent 0 Weak 1 Moderate 2 Strong 2. Sinuosity 0 2 3 3. In-channel structure: riffle-pool sequence 0 1 m 3 4. Soil texture or stream substrate sorting 0 1 ~ 3 5. Active/relic floodplain 0 (~ 2 3 6. Depositional bars or benches 0 2 3 7. Braided channel p 2 3 8. Recent alluvial deposits p 2 3 9 a Natural levees 0 1 ~,~, 3 10. Headcuts 0 1 ~ 3 11. Grade controls 0 0.5 + 1.5 12. Natural valley or drainageway 0 0.5 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No ~ Yes = 3 __-__ _.~_--__ _._ ..-. .~.~~, ~~~ .........,.vv.v...a i~~ ~~~a~lYPl B- Hvrirnlnnv (~i ihtntal = 7. s ~ 14. Groundwater flow/discharge 0 1 3 15. Water in channe! and > 48 hrs since rain, or Water in channel - d or rowin season 0 © 2 3 16. Leaflitter 1.5 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes 1.5 C. Bioloav (Suftotal = ~'~ 1 20 . Fibrous roots in channel 3 1 0 21 . Rooted plants in channel 3 © 1 0 22. Crayfish 0 1 1.5 23. Bivalves 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 1 1.5 27. Filamentous algae; periphyton 1 2 3 28. Iron oxidizing bacteria/fungus. 0.5 1 1.5 29 . Wetland plants in streambed FAC FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 ,.~..,~ ~ o„~ ~ ~ ~.,....~ ~~~ ~~~~ N~cacnw v~ ~N~a~~~ N~a~~W, nern ~y rocuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704) 720-9405 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Ridge Road Date: 2/23/2007 Applicant/Owner: Charter Properties County: Mecklenburg Investigator: Wendell Overby State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: Wetland (If needed, explain on reverse.) VEGETATION Dominant Plant Species Dominant Plant Species (Flag 404) Stratum Indicator Stratum Indicator 1. Acer rubrum Tree FAC 9. 2. Ligustrum sinense Shrub FAC 10. 3. Liriodendron tulipifera Tree FAC 11. 4. Smilax spp. Vine FAC 12. 5. Juniperus virginiana Tree FACU- 13. 6. Liquidambar styraciflua Tree FAC+ 14. 7. Quen;us phellos Tree FACW- 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): g5% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: _ Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs Inundated _ Other Saturated in Upper 12 Inches X No Recorded Data Available Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: - (in.) Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: >18 (in.) _ x FAC-Neutral Test Other (Explain in Remarks) De th to Saturated Soil: >18 in. Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704) 720-9405 Project/Site: Prosperity Village Plot ID: Wetland SOILS Map Unit Name Drainage Class: Poorly (Series and Phase): Wehadkee Field Observations Taxonomy (Subgroup): Fluvaquentic endoaquepts Confirm Mapped Type? Yes x No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) ( Munsell Moist) Abundance/Contrast Structure, etc. 0-18 AB 10YR 512 7.5YR 5/6 Cla loam Hydric Soil Indicators: _ Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils x Aquic Moisture Regime x Listed on Local Hydric Soils List x Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytic Vegetation Present? x Yes No Is this sampling point within a wetland? Wetland Hydrology Present? x Yes No x Yes No Hydric Soils Present? x Yes No Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704)720-9405 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Ridge Road Date: 2/23/2007 ApplicantlOwner: Charter Properties County: Mecklenburg Investigator: Wendell Overby State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: Wetland (If needed, explain on reverse.) VEGETATION Dominant Plant Species Dominant Plant Species (200 & 600 series) Stratum Indicator Stratum Indicator 1. Acer rubrum Tree FAC 9. 2. Ligustrum sinense Shrub FAC 10. 3. Ulmus americans Tree FACW 11. 4. Smilax spp. Vine FAC 12. 5. Juniperus virginiana Tree FACU- 13. 6. Liquidambar styraciflua Tree FAC+ 14. 7. Fraxinus pennsylvanica Tree FACW 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 88a~p Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs Inundated _ Other Saturated in Upper 12 Inches X No Recorded Data Available Sediment Deposits Drainage Patterns in Wetlands - Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: - (in.) Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: 13 (in.) _ x FAC-Neutral Test Other (Explain in Remarks) De th to Saturated Soil: 2 in. Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord; North Carolina 28025 (704)720-9405 Project/Site: Charter Properties/Ridge Road Plot ID: Wetland SOILS Map Unit Name Drainage Class: Poorly (Series and Phase): Wehadkee Field Observations Taxonomy (Subgroup): Fluvaquentic endoaquepts Confirm Mapped Type? Yes x No Profile Descriation: Depth Matrix Color Mottle Color Mottle Texture Concretions inches Horizon (Munsell Moist) ( Munsell Moist) Abundance/Contrast , , Structure, etc. 0-18 BAg 7.5R 5/2 7.5YR 5/6 Sand Cla loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils x Aquic Moisture Regime x Listed on Local Hydric Soils List x Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytic Vegetation Present? x Yes No Is this sampling point within a wetland? Wetland Hydrology Present? x Yes No x Yes No Hydric Soils Present? x Yes No Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704)720-9405 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Ridge Road Date: 2/23/2007 Applicant/Owner: Charter Properties County: Mecklenburg Investigator: Wendell Overby State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: Wetland (If needed, explain on reverse.) VEGETATION Dominant Plant Species Dominant Plant Species (500 series) Stratum Indicator Stratum Indicator 1. Acer rubrum Tree FAC 9. 2. Ligustrum sinense Shrub FAC 10. 3. Ulmus americans Tree FACW 11. 4. Carex spp. Herb FACW 12. 5. Impatiens capensis Herb FACW 13. 6. Liquidambar styraciflua Tree FAC+ 14. 7. Fraxinus pennsylvanica Tree FACW 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100% Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs Inundated _ Other Saturated in Upper 12 Inches X No Recorded Data Available Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: - (in.) Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: 13 (in.) _ x FAC-Neutral Test Other (Explain in Remarks) De th to Saturated Soil: 2 in. _ Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704)720-9405 Project/Site: Charter Properties/Ridge Road Plot ID: Wetland SOILS Map Unit Name Drainage Class: Poorly (Series and Phase): Wehadkee Field Observations Taxonomy (Subgroup): Fluvaquentic endoaquepts Confirm Mapped Type? Yes x No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) ( Munsell Moist) Abundance/Contrast Structure, etc. 0-5 A 7.5YR 5/3 7.5YR 5/6 Sand cla loam 5-15 Bg 7.5YR 6/2 Sand• Cla Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils x Aquic Moisture Regime x Listed on Local Hydric Soils List x Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytic Vegetation Present? x Yes No Is this sampling point within a wetland? Wetland Hydrology Present? x Yes No x Yes No Hydric Soils Present? x Yes No Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704) 720-9405 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Ridge Road Date: 2/23/2007 Applicant/Owner: Charter Properties County: Mecklenburg Investigator: Overby State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Fallow field Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: Upland (If needed, explain on reverse.) VEGETATION Dominant Plant Species Dominant Plant Species (Flag 404) Stratum Indicator Stratum Indicator 1. Pinus faeda Tree FAC 9. 2. Andropogon virginicus Shrub FAC- 10. 3. Liriodendron tulipifera Tree FAC 11. 4. Ulmus a/ata Tree FACU 12. 5. Juniperus virginiana Tree FACU- 13. 6. Liquidambar styraciflua Tree FAC+ 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FAC W, or FAC (excluding FAC-): 50% Remarks: HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators: Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs Inundated _ Other Saturated in Upper 12 Inches X No Recorded Data Available Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: - (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: >18 (in.) _ FAC-Neutral Test De th to Saturated Soil: >18 i _ Other (Explain in Remarks) n. Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704) 720-9405 Project/Site: Ridge Road Plot ID: Field -- SOILS Map Unit Name Drainage Class: Well (Series and Phase): Cecil Field Observations Taxonomy (Subgroup): Typic Kanhapludult Confirm Mapped Type? x Yes No Profile Description: Depth Matrix Color Mottle Color Mottle Texture Concretions inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast , , Structure, etc. 0-4 Ap 10YR 4/3 Sand loam 4-9 E 5YR 4/8 Sand cla loam 9-24+ Bt 2.5YR 4/8 Cla Hydric Soil Indicators: Histosol Concretions _ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils - Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION Hydrophytic Vegetation Present? Yes x No Is this sampling point within a wetland? Wetland Hydrology Present? Yes x No Yes x No Hydric Soils Present? Yes x No Remarks: