HomeMy WebLinkAbout20071334 Ver 2_401 Application_20071207MACTEC D"1- X33 ~ Y~
~-- engineering and constructing a better tomorrow
December 4, 2007
Attention: Mr. Steve Chapin
U.S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Section 404/401 Application -Nationwide Permit No. 39
Crescent Resources, LLC T ~~'~ ~ ~~~~ ~'3
Piedmont Town Center R `' `~'~' ¢ ~:~l.~ ~ a "~ 3~
Charlotte, North Carolin 4247 ~'-" ~" a ~ Z001... ~ ~~
MACTEC Project 622907
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!-~itAldUC~p;:tp ~"~.~?p~s.;~~'RRM!CM
Dear Mr. Chapin:
On behalf of the Crescent Resources, LLC (CR), enclosed please find a completed Pre-Construction
Notification (PCN) Joint Form (Attachment A) and figures (Attachment B). This PCN is being
submitted for Nationwide Permit (NWP) No. 39 for the above-referenced project. CR has retained
MACTEC Engineering and Consulting, Inc. (MACTEC) to provide permitting services for this
project. This submittal is the product of a cooperative effort between CR, MACTEC, and ColeJenest
& Stone. (CJ&S). CJ&S is providing design/engineering services for this project.
Proiect Overview
CR, in conjunction with MACTEC, is submitting this PCN for authorization under NWP No. 39 -
Commercial and Institutional Developments (Water Quality Certification [WQC] 3402 /General
Certification [GC] 3631). The proposed project will result in jurisdictional stream impact. As a
result, this PCN is being provided in accordance with Nationwide Permit "notification"
requirements for NWP No. 39.
The proposed Piedmont Town Center will be located on Fairview Road in the South Park Mall
area of Charlotte, North Carolina (Attachment B, Figurel). The overall parcel is approximately I9
acres (Phase I - 11 acres, Phase II - 8 acres), and is bordered by Fairview Road to the south,
Assembly Street to the east, Carnegie Boulevard to the north, and a combination of residential and
commercial properties to the west. The majority of the parcel is open field, with forested areas
along an unnamed tributary to Little Sugar Creek. The proposed development of the site will
likely include mixed-use structures including; office buildings, parking decks, retail, and multi-
family residences.
Due to the location and orientation of the jurisdictional stream on the subject property (Attachment
B -Exhibit A), .which generally parallels the western portion of the subject property, the siting of
the proposed buildings, associated parking, and other auxiliary structures will necessitate
unavoidable impacts to jurisdictional waters of the U.S. (Attachment B -Exhibit B). The
MACTEC Engineering and Consulting, Inc.
2801 Yorkmont Road, Suite 100 • Charlotte, NC 28208 • Phone: 704.357.8600 • 704.357.8638 www.mactec.com
Piedmont Town Center December 4, 2007
Section 404/401 Pre-Construction Notification
MACTEC Project 6229074247
applicant proposes to impact approximately 290 linear feet (lf) of the jurisdictional stream and
approximately 0.06 acre of jurisdiction wetland. Approximately 290 if of stream impacts and all
wetland impacts will be associated with grading and filling. The proposed project represents the
most feasible alternative to allow for the construction of the development and the City-required
stormwater detention facility (for water quality treatment). An alternatives analysis, along with the
project's purpose and need, are discussed in the PCN Joint Form (Attachment A).
Jurisdictional Waters of the U.S.
Wetlands on the subject property were determined using the Routine On-Site Determination Method
as defined in the Corps of Engineers Wetlands Delineation Manual during field review on February
2, 2003. Results of the field observations indicate the presence of jurisdictional waters of the U.S.,
including wetlands, on the subject property (Attachment B: Exhibit A). Jurisdictional areas identified
on-site are as follows:
Stream A is a northerly flowing, aquatically important jurisdictional stream channel located in
the western portion of the site. Stream A is approximately 5301inear feet (lf) in length that has
a bank height of two to four feet, and a channel bottom width of two to three feet.
Wetland A is located at the northern (downstream) end of Stream A in the northwestern corner
of the site. Wetland A is approximately 0.10 acre (ac) in size, and appears to have been a relic
man-made pond (with riser pipe for drainage).
Wetland B is located at the southern (upstream) end of Stream A in the west-central portion of
the site. Wetland B is estimated to be approximately 0.05 ac in size.
The riparian canopy associated with Stream A includes tulip poplar (Liriodendron tulipifera), red
maple (Ater rubrum), American elm (Ulmus americana), American beech (Fagus grandifolia),
and Eastern red cedar (Juniperus virginiana). The riparian canopy associated with Wetlands A
and B include red maple, cottonwood (Populus deltoides), box-elder (A. negundo), silver maple (A.
saccharinum), black willow (Salix nigra), willow oak (Quercus phellos), sweetgum (Liquidambar
styracijlua), and tulip poplar. Understory and herbaceous species along the stream and in the
wetlands include: English ivy (Hedera helix), silver maple, black willow, silky willow (S. sericea),
Japanese honeysuckle (Lonicera japonica), poison ivy (Toxicodendron radicans), trumpet creeper
(Campsis radicans), arrowhead (Sagittaria latifolia), false nettle (Boehmeria cylindrical), and soft
rush (Juncus effusus).
Impacts to Waters of the U.S.
Approximately 290 if of jurisdictional stream channel and 0.01 ac of wetland will be impacted by
Phase II of this project. Stream impacts will include 168 if of intermittent stream grading, and 122 if
of perennial stream grading. The stream grading and filling will be associated with stormwater basin
construction. Approximately 0.05 acre of jurisdictional wetland was previously impacted by Phase I
of the project. In accordance with NWP 39 and WQC/GC 3402/3631, it was not necessary to
previously provide pre-construction notification for wetland impacts under 0.10 acre at that time.
The Phase I previous 0.05 ac wetland impact is now included in this PCN. A detailed description
of project impacts is included in the PCN Joint Form (Attachment A).
~ Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. U.S. Army Corps of the
Engineers. Washington, D.C. 100 pp. and Appendices.
2
Piedmont Town Center December 4, 2007
Section 404/401 Pre-Construction Notification
MACTEC Project 6229074247
Closin
Your expeditious attention to and processing of this PCN will be greatly appreciated. Seven
copies of this PCN application package have been forwarded to the DWQ. Please do not hesitate to
contact Danielle Mora at 704-357-8600, if you have any questions.
Sincerely,
MACTEC ENGINEERING AND CONSULTING, INC.
~~i
Danielle A. Mora and G. Harmon, P.W.S.
Project Scientist Principal Scientist
Enclosures: Attachment A -Pre-Construction Notification Application Form ~~, ,
Attachment B -Figures ~~ ~~ ~g~ ~~! ~::4fi(:~
Attachment C -Mitigation Credit Availability Letter FOr.,,,..~1~~!.1~.•• ....~... .::~:.......,
Attachment D -Agent Authorization W{th P®111~SS~011
cc: Alan Johnson, DWQ
Eric Jaegers, Crescent Resources
3
Piedmont Town Center
Section 404/401 Pre-Construction Notification
MACTEC Project 6229074247
Attachment A
PRE-CONSTRUCTION NOTIFICATION
APPLICATION FORM
December 4, 2007
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ ~ -' ~ 3 3 ~ V
(lf any particular 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: NWP 39
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: ^
t a=~:: ~ :.J,.~~s~=, E f ~ .. ~,.,
II. Applicant Information ~ ~~; ~~~
1. Owner/Applicant Informatlon ~~~
Name: Crescent Resources LLC r~~r.~~. _ ~, - ._
Mailing Address: Attn: Mr. Eric Jae~ers -~` ~~~5~`ro =rt?r?r,~N~~
. i EC7 ~Re~cT
400 South Tryon Street, Suite 1300
Charlotte, North Carolina 28201-103
Telephone Number: 980.321.6157 Fax Number: 980.321.6170
E-mail Address: EDJae ers(a,crescent-resources.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: Danielle Mora
Company Affiliation:__. MACTEC Engineering and Consulting, Inc.
Mailing Address: 2801 Yorkmont Road, Suite 100
Charlotte, North Carolina 28208
Telephone Number: 704.357.8600 Fax Number: 704.357.8638
E-mail Address: damora(c~mactec.com
Updated 11/1/2005
Page 5 of 14
III. Project Information
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: Piedmont Town Center -Phase II
2. T.I.P. Project Number or State Project Number (NCDOT Only):
N/A
3. Property Identification Number (Tax PIN): 17706204
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): Carnegie Business Center
Directions to site (include road numbers/names, landmarks, etc.): Travelling south on
Interstate 77 take exit 5 which is Tyvola Road and proceed east approximately 3 miles to
Assembly Street (Tyvola Road name changes to Fairview Road at the Park Road
intersection). At the intersection of Fairview Road and Assembly Road turn left and proceed
approximately 0.17 mile to Carnegie Boulevard. Turn left onto Carnegie Boulevard and
proceed approximately 0.12 mile to the project site. The project site is located on the west
side of Carne>ie Boulevard.
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): 35.153889 °N -80.841111 °W
6. Property size (acres): Overall site: 19 acres (Phase I: 11 acres; Phase II: 8 acres)
7. Name of nearest receiving body of water: Unnamed tributary to Little Sugar Creek
8. River Basin: Catawba
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/lh2o.enr.state.nc.us/admin/maps/.)
Updated 11/1/2005
Page 6 of 14
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The proposed eight-acre Piedmont Town Center Phase II project will be located in the South
Park Mall area of Charlotte, North Carolina. The overall project area (Phase UII is
approximately 19 acres, and is bordered by Fairview Road to the south, Assembly Street to
the east, Carnegie Boulevard to the north, and a combination of residential and commercial
properties to the west. Theparcel is predominantly surrounded by commercial development
with some residential properties to the west. The Phase II project area is partiallyforested
andpartially open/undeveloped. The forested area contains an unnamed tributary to Little
Sugar Creek. Phase I of the overall project has been previously constructed in an open
upland area near Fairview Road.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will be comprised of one building and two eight-level parkin dg ecks•
The mixed use building will house residential, commercial, and retail facilities. The
buildings will be connected by walkways and common areas. The type of equipment to be
used on this project will include but not limited to: track hoes, back hoes excavators
bulldozers, dump trucks, and hand tools.
11. Explain the purpose of the proposed work:
The proposed Piedmont Town Center will be located in the South Park area of Charlotte
North Carolina. An increased demand for mixed use "infill" developments in the South Park
area is the primary reason for this development. The infrastructure for the proposed
development is currently in place. "infill" development in which builders fill in small
parcels that have been passed over in previous years may be a favored strateg~ng
housing_professionals in coming_years according to the Urban Land Institute This project is
a prime example of infill development. This type of development may help minimize
suburban sprawl into other natural areas surrounding the city (particularly the south).
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.
A Waters of the U.S. Survey/Delineation Verification (Action ID: 3003305391 signed b Steve
Chapin dated March 4, 2003 has been previously issued for the approximate 19-acre overall
property. A copy of the final survey plat, noting on-site Waters of the U.S. is included in
Attachment B for o~ approval.
Updated i 1 /1 /2005
Page 7 of 14
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 project plans are anticipated at this time. The undeveloped portion of the project site is
proposed for complete "build-out" during Phase II.
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: Approximately 290 if of
jurisdictional stream channel will be impacted by this project (approximately 180 if of
intermittent stream piping and approximately 110 if of perennial stream piping) The
proposed stream channel piping impacts will be necessary in order to accommodate an off-
line water Quality treatment stormwater basin (required by the City of Charlotte
additional 0.01 acre of wetland filling impacts will occur in conjunction with the proposed
Phase II project. Approximately 0.05 acre of jurisdictional wetland was previously impacted
by Phase I of the overall project. In accordance with NWP 39 and NCDENR General
Certification 3631, pre-construction notification for Phase I wetland impacts was not
previously required (since these impacts were less than 0.10 acre in extent).
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 impacts due to both structure and fln~ding_
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
1 (Phase I) Fill Forested No 150 0.05
2(Phase II) Fill Forested No 20 0.01
Total Wetland Impact (acres) 0.06
3. List the total acreage (estimated) of all existing wetlands on the property: 0.17 acre
Updated 11/1/2005
Page8of14
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 he included. T~ calculate acrea~e_ multinly len>?th X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
4 UT to Little Sugar Creek Grading Intermittent 3 feet 180 0.016
5 UT to Little Sugar Creek Grading Perennial 4 feet 110 0.01
Total Stream Impact (by length and acreage) 290 0.026
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_ excavatinn_ dredgin>?_ flnndin>?_ draina~e_ bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A N/A N/A N/A 0
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.026
Wetland Impact (acres): 0.06
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.086
Total Stream Impact (linear feet): 290
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
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 USACE.
N/A
Updated 11/1/2005
Page 9 of 14
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.):. excavation and spillway
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): City of Charlotte stormwater requirement
Current land use in the vicinity of the pond: Natural forested area
Size of watershed draining to pond: 18.19 acres Expected pond surface area: 22,500 sgft.
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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 original project design would have resulted in impacts in over 480 if of impacts to the
aquatically important on-site stream and approximately 0.18 acre of wetland impacts. In order to
reduce impacts to the waters of the U.S., retaining walls have been added fill slopes have been
reduced, and detention pond extents have been reduced allowing much of the on-site stream
channel and the largest on-site wetland area to remain intact. The City of Charlotte is reguirin~
water quality treatment of detained stormwater runoff on-site. Due to the existing topo~raph~of
the site, the most appropriate location for such a detention feature/structure is in the low area
near the stream channel itself. In order to provide sufficient horizontal extent for this off-line
detention basin, approximately 110 if of perennial stream channel and approximately 180 if of
intermittent stream channel will be piped. It is anticipated that the provision of on-site water
quality treatment stormwater detention will be more beneficial to downstream water quality
direct discharge of stormwater runoff from the site without detention The current site plan will
require approximately 290 if of unavoidable aquatically-important stream impacts and
approximately 0.06 acre of unavoidable wetland impacts.
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
Updated 11 /1 /2005
Page 10 of 14
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
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.).
1. 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.
Required mitigation credit is anticipated to be~urchased from the North Carolina Ecosystem
Enhancement Program (NCEEP . A copy of the mitigation availability letter is included in
Attachment C.
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://www.nceep.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): 290
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
Updated 11/1/2005
Page 11 of 14
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)?
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 ^ N/A
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 ^ N/A
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 Mecklenburg County Surface Water Improvement and Management (SWIM) buffers
are not located on the subiectproperty. )?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.
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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. No buffer impacts are anticipated on the
subject site.
Updated 11 / 1 /2005
Page 12 of 14
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. A Phase I Stormwater mana eg ment plan prepared by ColeJenest & Stone was reviewed
and approved by the Charlotte Department of En ing_eering and Property Mana~?ement in September -
October 2004. A Phase II stormwater mana e~ ment plan will be reviewed by the City of Charlotte
Department of En ing Bering and Property Management Department when construction drawings are
submitted for the overall Phase II project.
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.
On-site sewer conveyance is currentlyprovided by the Charlotte-Mecklenburg Utilities
Department CMUD). CMUD will treat wastewater from the subject site at the Sugar Creek
Wastewater Treatment Facility (SCWWTF) less than one mile west of the subject property. The
NCDENR issued a sanitary sewer extension permit for the Piedmont Town Center project on
February 17, 2005.
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 an after-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:
The project will not result in additional development because this project is an in-fill
development in an urban setting. The parcel is an in-holding, that the surroundin and adjacent
parcels have been developed. No additional development will occur because all land has been
developed.
Updated 11/1/2005
Page 13 of 14
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).
D
~- -
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 14 of 14
Piedmont Town Center
Section 404/401 Pre-Construction Notification
MACTEC Project 6229074247
December 4, 2007
Attachment B
FIGURES
fl~ - ~33~t V2
Y
o EXPLANATION
t000 300 0 1000
APPROXIMATE LOCATION "'c' >
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e APPROl01(ATE SCALE IN FEET
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REf,; U.S.G. S. 7,5 MINUTE iOPOCRAPHIC MAP Of CHARLOTTE EAST, NORTH CAROLINA QUADRANGLE, DATED 1967; PHOTOREVISED 1988.
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~ LandsnpeArchitecture PIEDMONT TOWN CENTER -PHASE II STREAM DISTURBANCE EXHIBIT B
Civil Englnttring CRESCENT RESOURCES Project No. 3438 Issued 11129107 SCALE: 1" = 50'
~ Uiban Design
0 25 50 100
n:
Piedmont Town Center
Section 404/401 Pre-Construction Notification
MACTEC Project 6229074247
December 4. 2007
Attachment C
MITIGATION CREDIT AVALIBILITY LETTER
-- __._ _ . _ _ _ __ ----- Y
~- ,~o I~. tem ,i. o ~ - ~ ~ 3 ~- v 2.
PROGRAM
November 28, 2007
Eric Jaegers
Crescent Resources, LLC
400 South Tryon St, Suite 1300
Charlotte, NC 28201
Project: Piedmont Town Center
Expiration of Acceptance: May 28, 2008
County: Mecklenburg
This letter replaces one dated June 20, 2087. The purpose of this letter is to notify you that the North Carolina Ecosystem
Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project.
Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP
will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. )(f we have not received a copy of
the issued 404 Permitl401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be .issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
Catawba
03050103 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.} Buffer II
(Sq. Ft.}
Cold Cool Warm Ri orlon Non-Ri orlon Coastal Marsh
Impacts 0 0 290 0 0 0 0 0
Credits 0 0 580 0 0 0' 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
Sincerely,
~•
Willi .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Danielle Mora, agent
File ~~~
~to~1,~t9... ~ ... Prot Ou,~ Std Fco~
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Piedmont Town Center
Section 404/401 Pre-Construction Notification
MACTEC Project 6229074247
December 4, 2007
Attachment D
AGENT AUTHORIZATION LETTER
°`~- 133' v~
AGENT CERTIFICATION OF AUTHORIZATION
I «- J l~~C•t~ representing Crescent Resources, LLC hereby certify
that I have authorized Danielle A. Mora of MACTEC Engineering and Consulting,
Inc. to act on behalf of Crescent Resources, and take all actions necessary for
processing, issuance, and acceptance of this pre-construction notification (PCl~.
We hereby certify that the information submitted is true and accurate to the best of our
knowledge.
Crescent Resources, LLC
~~
Applicant' sigt rc
tL~~t~~1 _
Date
MACTEC Engineering and Consulting
2801 Yorkmont Road, Suite 100
Charlotte, North Carolina 28208
Agent's signature
Date
Completion of this form wi11 allow the agent to sign all future determination
correspondence.