4677 - Mayes Meadow - Conservation Easement Executive Summary

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Executive Summary
The proposed plan currently under development includes the final phase of a multifaceted land concept
located on a property (Mayes tract) in Mecklenburg County, NC identified in 2015 as having ideal conditions
for both a residential community (Mayes Meadow) in conjunction with the establishment of a stream and
wetland restoration project (Upper Rocky). The Mayes tract possesses an ideal footprint for restoration to
be placed into a conservation easement that would not negatively affect a proposed residential
development located within the uplands. The coexistence of these two concepts represents the primary
intent of the U.S. Army Corp of Engineers (USACE) approach to mitigating offsets within the region(s) most
susceptible to impacts, development, and growth (mitigation using the watershed approach).
The landowners were open to considering a conservation easement specifically under the principle that the
easement wouldn’t decrease their land value for future development. Due to the need to shape the
conservation easement in a way that didn’t decrease future land development value and allowed for a
residential development, proposed breaks in the conservation easement were created to allow for a future
greenway trail, future sewer line connection, and future road crossing. Water & Land Solutions (WLS), the
sponsor for Upper Rocky Mitigation Bank, worked with the Town of Cornelius (referred to as the “Town”) on
the future location of the greenway trail. The mitigation bank was approved for use and the conservation
easement was recorded in November 2020. Unique Places to Save (UP2S) was identified as the long-term
steward on the project and took control of the conservation easement at recording. The mitigation bank
was constructed in 2021/2022 and has maintained success since construction was completed.
The Bayard Group (referred to as ‘Bayard’) was selected to proceed forward with the proposed development
project after unforeseen project delays in 2021 (death in the family, sewer allocation, shutdowns associated
with Covid). Bayard proceeded forward with developing a site plan for discussion and to receive input from
the Town as well as Mecklenburg County, but after the conservation easement had to be recorded. Two
critical requirements for a future development tract involved the capacity for sewer allocation (to be
approved by Charlotte Water) and the construction of the greenway trail connection from the Beverly
property line through the Mayes Meadow development tract and to the western property line. The critical
challenge that existed relative to the development of both the mitigation bank and residential development
proceeding forward simultaneously involved the approval timing for each project. The different time periods
for various approval led to the requirement that the conservation easement be recorded well prior to a
residential site plan being developed. The intent and the approach of the Mayes tract were discussed with
full transparency between the different approving agencies, WLS, UP2S, the Town, and the City of Charlotte
(hence the reason conservation easement breaks were initially established). Unfortunately, the timing of
those approvals were not able to coincide in order to have the conservation easement breaks align with the
approved location of the sewer line and greenway trail.
Alternative Analysis
With the conservation easement being recorded and with the sewer allocation approval being granted by
the City of Charlotte (referred to as the “City”), Bayard went through the process of finalizing a site plan that
would be supported and approved by the Town and the City as well as minimize impacts to on-site natural
resources and the conservation easement as much as feasible. With the sewer line connection and the
greenway trail being required for site plan approval, Bayard conducted an avoidance and minimization effort
to limit impacts. Table 1 attached provides a comparison between Alternatives considered for the project.

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Alternative #1 (Avoidance) involved utilizing large lots, septic systems, and not implementing a paved
greenway trial within the proposed development. The City will not approve a large lot septic system
development with existing sewer line on-site and the Town will not approve a development without a paved
ADA approved greenway trail. Therefore, without a development plan approval, the Mayes property value
decreases significantly from the current $6,300,000 tax valuation to an estimated $509,000.
Alternative #2 (Avoidance) involved Bayard reviewing potential site plan concepts utilizing the existing
breaks placed in the conservation easement. Bayard reviewed multiple sewer (3) and greenway trail (1)
locations that could utilize the existing breaks in the easement and avoid an easement modification. Based
on the City (sewer) and Town (greenway trail) requirements respectively, the existing breaks in the easement
were not located to allow for the site plan to be supported or approved therefore rendering the Mayes tract
as undevelopable. The existing breaks would have required a pump station to move on-site sewer which
would not be approved with gravity sewer available on-site. In addition, if the site plan could be approved,
utilizing the existing breaks would have had more impact to wetlands, streams, and indirect impacts from
stormwater for the construction of the greenway trail and sewer line to access the existing breaks.
Therefore, without a development plan approval, the Mayes property value decreases significantly from the
current $6,300,000 valuation to an estimated $509,000.
Alternative #3 (Minimization) was reviewed once it became clear a site approval could not be obtained given
the location of the breaks in the conservation easement. Alternative #3 reviewed 4 greenway trail locations
and 1 sewer line location to try and minimize the impacts to wetlands, streams, and the conservation
easement as much as possible. The existing breaks that were established for the greenway trail and sewer
line were not placed in the most feasible locations. Alternative #3 involves relocating the existing breaks
within the conservation easement utilizing the proposed locations (Figure 7), closing the existing breaks, and
adding additional conservation easement. With this approach the proposed development is actually
protecting more wetlands, protecting more stream footage, and adding more conservation easement
protection to the mitigation bank then was originally proposed by WLS (not requesting an increase in
mitigation credits). The construction of the greenway trail and sewer line within these proposed locations
would reduce nearly 1 mile of additional land disturbance and maintenance.
Summary
Three Alternatives including a total of 5 Greenway trail locations and 4 sewer line locations were reviewed to
try to reduce impacts to streams, wetlands, and the conservation easement. The proposed locations and
overall footprint for both the sewer line and greenway trail were selected to avoid all permanent impacts to
wetlands, eliminate all permanent stream crossings, limit the overall footprint of land disturbance associated
with the sewer line and greenway trail (~70+% of the overall length was reduced), and choose the most
perpendicular footprint possible to the conservation easement. The proposed conservation easement area
will increase from 43.6 acres to 44.08 acres (gain of 0.48 acres), the stream feet protected increases
approximately 481 linear feet, and the wetland area protected increases approximately 0.214 acres. The
proposed development proposes no direct negative impact on the success of the restored streams and
wetlands associated with Upper Rocky Mitigation Bank. All stormwater detention and water quality
requirements per the Town of Cornelius and Mecklenburg County codes are being addressed in the project
design. All runoff being produced by the site is being treated through two ponds that will be constructed in
the initial phase and will remain in place in the project’s final condition. The site’s storm drainage design has
gone through a rigorous review by the Town and County to ensure all required pre-development conditions
are being met and/or improved upon. The final proposed footprint of the development, the sewer line, and
the greenway trail has been minimized as much as possible in order protect the natural environment while
providing a conservation minded residential community.