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HomeMy WebLinkAbout20070177 Ver 1_401 Application_20070107Environmental Consultants, PA Suite C Concord, North Carolina 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 To: US Army Corps of Engineers From: Asheville Regulatory Field Office Attn: Steve Chapin 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Re: Perimeter Woods Development-Charlotte, NC S&EC, PA Wendell Overby 236 LePhillip Ct., Suite C Concord, NC 28025 PROJECT SUMMARY ®U RTE~Y ~/®~ 9 Q~~~ad~~ JAh 3 ~ 20C7 Pro'ect Name Perimeter Woods - Pro'ect T e Mixed Use Develo ment Owner / A licant Perimeter Woods Develo ment Coun Mecklenbur Nearest Town Charlotte Waterbod Name Lon Creek Basin /Sub-basin Catawba / 03050101 Index Number 11-120- 0.5) Class C; 303d IMPACT SUMMARY Stream Impact (acres): 0.03 Wetland Impact (acres): 0.09 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres): 0.12 Total Stream Impact (linear feet): $2 Dear Mr. Chapin: We request the use of Nationwide Permits 18 and 39 for proposed impacts to jurisdictional features for the Perimeter Woods mixed-use development in Charlotte, NC. Specifically, we request the use of Nationwide Permit 18 for stream impacts associated with widening of Reames Road. The applicant, Perimeter Woods Development, is required by the Charlotte Department of Transportation to relocate the Perimeter Parkway/Reames Road intersection and as a result widen Reames Road thereby resulting in stream impacts. In addition, a small wetland (.09 acres) has been impacted as a result of previous grading activities related to the proposed development. The wetland impact did not require notification to the USACE or NC DWQ and at the time was believed to be the only impact that would occur. We request approval of the wetland impact under Nationwide 39. As proposed, the project will involve the construction of retail, office, and multifamily residential buildings on t69 acres of land. The applicant proposes to impact 52 linear feet (.03 acres) of perennial stream channel as a result of the culvert extensions. The proposed culverts will be designed to `line up' with the existing 12' x 12' box culverts under Reames Road. As such the proposed culverts will not be buried ~I2 QiIALiTY IRk161ti4T~R BRANCH Greensboro Office: Raleigh Office: 3817-E Lawndale Drive 11010 Raven Ridge Road Greensboro, NC 27455 Raleigh, NC 27614 Phone: (336) 540-8234 Phone: (919) 846-5900 Fax: (336)540-8235 Fax: (919)846-9467 3 ~°' ~~ January 26, 2007 S&EC #5-1417wx 1' below the stream bed. The existing culverts were installed at the elevation of the stream. The applicant requests a waiver from the USACE Nationwide Permit regional condition that culverts over 48" diameter be buried 1' below the streambed. The applicant's engineer has obtained a letter from the Mecklenburg County Land Use and Environmental Services Agency regarding acceptance of the proposed activity as related to floodplain ordinances (see attached). Because proposed impacts are below #3402 permit thresholds (less than 1/3 acre of waters, 1/10 acre of wetland, and 1501E of stream impact) we are sending the required (2) courtesy copies to the NC DWQ for the NW 18 request and not a full 5-copy notification. Please call if you have questions or comments regarding the information provided. Sincer 1 ~~ Wendell erby NC Licen d Soil Scientist NC Registered Forester cc: Cyndi Karoly, NC DWQ 401 Oversight and Express Permits Unit Attachments: Pre-construction Notification (PCN) Application Form Agent Authorization USGS Vicinity Map & Mecklenburg County Soil Survey USACE Jurisdictional Determination (Action ID# 200430841) Impact Map /Site Plans Justification Letter Letter from Mecklenburg County Land Use and Environmental Services Agency Wetland Data Forms Office Use Only: Form Version March OS USACE Action ID No. DWQ No. 2 ~ ~ 7 ~ 1 7 7 /T4' ~ ~.-r:..,,1~~ :+e.,, : ..f ., «1:,..,l.l.. a.. 41.:.. ~ .~1......,. .. - IIAT_~ A ~~1.__L1_11 _.. TILT/ A 11 ~ ~._ ....J Y"'.... » .... .......... ..... »YY.......,... w u.ao Y.wv~~ YAVUOV vauvA iw~ rLYYu~.avi~. vi ivy .~ I. Processing ~a~~ ~RT~~~ 1. Check all of the approval(s) requested for this project: ~Q~~ ® 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: 18, 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: ^ II. Applicant Information p ~ ~~ 1. Owner/Applicant Information JA(`J ~ ~ 207 Name: .Perimeter Woods Land LLC Mailing Address: 1228 E. Morehead St `~~'''~ gy'p' ~~ u"'"~ r~~ ;ati i ertne es~n crnacuslLTcp p°: ,+yGh Suite 200 Charlotte NC 28204 Telephone Number:~704) 376-6523 Fax Number: E-mail Address: 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 LePhillip Ct Suite C Concord, NC 28017 Telephone Number: (704) 720-9405 Fax Number: (704) 720-9406 E-mail Address:_ woverbynasandec.com Page 5 of 12 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 maybe 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: Perimeter Woods 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 02511319, 02511399, 02511316, 02511402 02511404,02511403,02511401,02511320 02511318 02511321 02511312 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): n/a Directions to site (include road numbers/names, landmarks, etc.): I77 to Harris Blvd (exit 18) in Charlotte. Go west on Harris Blvd to Reames Road Go south on Reames Road Perimeter Parkway first road to left. - 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): 35.3453 °N 80.8564 °W 6. Property size (acres): 69.28 7. Name of nearest receiving body of water: Long Creek (C-303d1 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://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: Primarily commercial and retail development in the vicinity of the nroiect. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Proposed mixed use development planned on ~69 acres Proposed site preparation rg, adin) has resulted in impacts to wetlands (<.1 acres). CDOT requiring_turn lane for traffic concerns on Reames Road entering project site. Location of widening will result in culvert extension over Long Creek. 11. Explain the purpose of the proposed work: Extend ~) 12'x12' culverts on Long Creek for widening of Reames Road. 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. Previous JD # 200430841. 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 permits anticipated. 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 Sebtion VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: Fill of 0.09 acres of wetland for gradin~/fill purposes for building_pad construction. Pipin~52 if (0.03 acres) of Lon Creek by culvert extension for road widening (traffic lane) of Reames Road. 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 flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 Fill Headwater No 750 .09 Total Wetland Impact (acres) .09 3. List the total acreage (estimated) of all existing wetlands on the property:. 0.09 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. To calculate acreage, multiply length X width, then divide by 43,560: Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact ) (acres 2 Long Creek Pipe P 25' S2 .03 Total Stream Impact (by length and acreage) 52' .03 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, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (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 nroiect: Stream Impact (acres): 0.03 Wetland Impact (acres): 0.09 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.12 Page 8 of 12 Total Stream Impact (linear feet): 52 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. 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.): n/a Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): n/a Current land use in the vicinity of the pond: n/a Size of watershed draining to pond: n/a Expected pond surface area: n/a 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. See attached letter from client reaardin~ history of zoning; approvals. Road widening mandate from City that results in stream impact was not wanted or envisioned by developer. Based on the site constraints presented by the road and wetland locations the impacts are difficult to avoid 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. USACE - 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 Page 9 of 12 mitigation as proposed. Examples of mitigation that maybe 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, available at http://h2o. enr.state.nc.us/ncwetlands/strmgide.html. 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. Due to small amount of impacts applicant contends compensato miti ation not required. 100' SWIM Buffer is in place along Long Creek No other stream or wetland impacts proposed beyond those requested. Stormwater management facilities (wet pond) has been constructed to meet 85%TSS. Facility constructed outside of 100' SWIM buffer 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://h2o.enr.state.nc.us/wry/index.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): 0 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 ^ Page 10 of 12 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 X. 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 ^ 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. * Impact Required Zone ,~~„~_~ r ~~~ Multiplier 2 Total * Zone 1 extends out 30 feet perpendicular additional 20 feet from the edge of Zone 1. 3 (2 for Catawba) 0 1.5 0 0 the top of the near bank of channel; Zone 2 extends an 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 Page 11 of 12 the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Proposed wet pond constructed to meet City of Charlotte requirement of 85% TSS. 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. Site has access to existin 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: We have reviewed the "DRAFT" Internal Policy Cumulative impacts and the 401 Water OualitX Certification and Isolated Wetland Programs' document prepared bx the NC DWQ on 4/10/01 This proiect does not meet the three criteria of private projects that can result in cumulative impacts. 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). W Applicant/Agent'~ (Agent's signature is valid ~- Z~ 0'7 Date y if an authorization letter from the applicant is provided.) Page 12 of 12 Soil & Enviranrnental Consultants, PA 236 LePhillip Cour[. Suits C ~ Cottoard. North Carolina 381)25 ~ Phons: (704) 72U-9.105 Fax: (704) 720-9406 waw.SandEC.com Name: Address Phone: ~ ~ ` " ~~~P ' ~P GI ~~7 Project Name/Description: ~~ ~ ~R~~7 ~~ Date: ~ ` r/I ' ~~~ The Department of the Army U.S. Army Corps of Engineers, Wi.Im.ington District P.O. $ax 189Q Wilmington, NC 284()2 Attn: Steve Cha in _ Field Office: Asheville Re: Vdetlands Related Consulting and Permitting To Whom It il~lay Cancem: 1, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, Ino. to act in my behalf as my agent in the processing of pernut applications, to furnish upon request su plemental information in support of applications, etc, from this day forward. The,_~_• dag~ of __ 1~[t/S~-Rj 2007 This notification supexsedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for gnverxuaent officials to enter the property when accarnpanied by S&EC s#aff. Yoa should call S&LC to arrange a site meeting prior to visiting the site. Print Property Owner's Name Pr ty Owner's Silmature cc: Mrs. Cyndi Karoly cc: Mr. Wendell Overby NCDENR - DWQ Soil & Environmental Consultants, l'.~-l. 232I Crabtree Blvd., StE 250 Ra}eigh, NC 2760~k-2260 C'jrocnclNirc~ Offict• $a ri;hOffics: 3817-); Lnwndule Drivc J 1010 Raven Ridgt Road Greenchoro. NC 27455 Ralsigh. NC 276)4 Pho~tc: 1336) ?40-8? ~4 Phnnc: 19141 $46-jy00 Fux- /;3biS4l}-5335 Fax: {9191 846-94b7 AGENT AUTHO[ZIZATION FORM All Blanks To Be Filled In By The Current Landowner Mecklenburg County Soil Survey 1" = 2000' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200430841 County: (\lecklenburi? U.S.G.S. Quad`. Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Perimter «'oods Land LLC / ~'erimeter Woods I3usiness Park, LLC .Address: 1228 F,. Morehead St., Suite 200 Charlotte. \C 28204 l clephone \o.: 70-t-37fi-623 ~17_e and location of propern• (waterbod}~, road nam~numher, to~~», etc.) 'I'bis properh• is adjacent to Perimeter Parkway and Perimeter Woods Drive, adjacent to the .vest side of 1-77._north of Charlotte. ~lecklenbur~ County, \orth Carolina. Indicate «'hich of the Follo~~•in~ Apple: _ Qased on preliminary information, there may be ~tetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water .Act (C«'A)(33 USC ~ 1344). Unless there is a chan~,e in the la~~• or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ ~~'e stron~_ly suggest you have the ~~ etlands on your propem~ delineated. Due to the size of your property and/or our present ~~orkload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified b}~ the Corps. _ The ~~ aters of the U.S. on your property hay e been delineated and the delineation has been verified by the Corps. ~Ve strongl}• sug~~est you have this delineation su~eyed. Upon completion, this sun•ey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your propert}' which, provided there is no change in the la~~ or our published regulations, maybe relied upon for a period not to exceed five years. The waters of the L'.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 9/30/2004. Unless there is a change in the law or our pub]ished regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean 'l'ater Act (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 property is located in one of the 20 Coastal Counties subject to re~,ulation under the Coastal Area Management Act (CAMA). 1'ou should contact the Division of Coastal Management in Washington, NC, at (2~2) 946-6481 to deternine their requirements. Remarks: Corps Regulatory Official: Date 09/30/2004 Expirat Date 09/30/2009 Page 1 of 2 ~ - l 4 l `7 c.J ~-- Action Id. 200430841 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC ~ 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980. Basis For Determination: The property contains ~r•etlands and stream channels «~ith indicators of ordinan~ high water marks, which include Loner Creek and its unnamed tributaries Corps Regulatory Official (Initial): FOR OFI=ICE: l`SE OV`Ll": • :~ plat or sketch of the property and the ~~etland data form must be attached to the file cop}• of this form. • :'1 cop} of the "\otification Of Administrative Appeal Options :end Process :end Request For Appeal" form must be transmitted ~~ ith the property owner agent copy of this form. • [f the property contains isolated wetlandsh~aters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 ~~~o F ,~A ~~~5~ ~ ~''~ ANCE ROAD ~ ~ i ~~, ,,E. i~~ t a ~ i i :~ ~~ ~Q~~H~~ ~\~~' ~~/ ,,, '"~~ 'C1 \`0 ~' D ~- ~~ ~. ~ ~i ~9 \1 ~a\, `\, `\ ~O ~ .~\~`~` 1, `` ~ \~ ~` l,,y' ` '~.t ~l ,\ ~.- :, t \~ ~ V ~~; ~ G ~ ~~~~IPAC ~ ~~ ~~ ~2 '~'-= wa ~ ~ ~-~ .. ~ ~ ~~e ~ -• \ ~~ ~ ~ ~~ \~ ~~~. ~ .r~,~~~ ~ ~ ~ .~ ~ ~~ ~ ~ ~ ~- ~ ~ ~ ~ - ~ ~~ ~ I . ~~ -~ \~'_= i ~v ro Y a ~~~~~~ 0a~ ~ a 2007 DENR • WATER GuRw;iY m y~TLANDS PNO STORI~NATER BRANCH Q b0 'r~ ~ +~+ b .~ p ~~ a ~ ~ g~ ~~ ~ ~~ --~ . ~ ~ ~` a p ,a ,~ F ~$ /' Fa, v o S ~ I \ a ~ a ~ ~.. ~ ' ~~ \ ~ ~ ~ s 6 ~~ `~ 3~~.~. I fga~_~ 0 o ~ ~ ~ - ~.n N ~ • .~... ^ ~ C d' C 0 0 ~ F ~ ~ .03 AC. 96 ~ 9 ~~~ ~d~r~~~ W U Z W V °" 0~0 ~t ~ U ~i1~~~ Z O N Z X N W 0 3 J W~ U Q ~ W a ~ a ~ o W ~ a w Q w Z Q J W H 1 720 7101 ~--~ w J U X I W',Q Z'm J (~W,~' J F-', m W'O U 0 7001 0+00 0+50 1'}00 EXIST.GRADE S3' DOUBLE 12'x12' TS SCALE: HORZ.1 "=20' VERT:1 "=2' Long Creek Pian: proposed 1!15/2007 Main Stem Reach -1 Legend EG 100EX-YEAR W5 100EX-YEAR ____ _ . Crit 100EX-YEAR 720 Ground _ _.. ... ~ _ I ~ 715 i 0 '~ __ 1~ I a~i ~ - ~ 710 <' ~ ~~ ~' ~ J j ~~ 1 705 ~ 69500 70000 70500 71000 71500 Main Channel Distance (ft) LITTLEry DIVERSIFIED ARCHITECTURAL CONSULTING January 23, 2007 Mr. Steve Chapin US Army Corps of Engineers Ashville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, N.C. 28801-5006 Re: Proposed Long Creek Culvert Extension at Reames Road North Charlotte, NC Dear Mr. Chapin: In July of 2005, Perimeter Woods Investors, LLC obtained approval of Rezoning Petition 2005-11 allowing for the development of a mixed-use commercial center including retail, office, and multifamily residential. An extensive Transportation Study was prepared as a part of the Rezoning Petition and was approved by CDOT and NCDOT as a part of the Petition. This Transportation study, with input by CDOT and NCDOT ultimately determined the relocation of the Perimeter Parkway and Reames Road intersection. Note also, that prior to the approval of the Rezoning Petition, a wetlands delineation was performed in 2004, and approved by the USACE. During the subsequent Subdivision review process which began in April of 2006, the City of Charlotte Department of Transportation determined that additional widening of Reames Road, beyond that earlier contemplated during the rezoning process, would need to be provided south of the Reames Road and approved Perimeter Parkway intersection. As a result, CDOT, with the support of NCDOT has required that the existing Long Creek Culvert at Reames Road be extended eastward as described for the additional road widening, and other required elements associated with the road widening such as sidewalks, as required in Chapter 19 of the City Code, resulting in the defined stream impacts. The City of Charlotte has agreed to fund a small percentage of the cost of the culvert extension since it is being required by the City, however, the majority of the costs associated with design and construction of both the proposed culvert extension and the road widening will be borne by the developer. Further, the City of Charlotte has stipulated certain limitations in the allowable square footage of development allowed until the culvert extension is complete. Thank you for your attention in this matter. Sincerely, A ~ n Studio A.I~amb~le, RLA, LEED cc: Wendell Overby, Soil and Environmental Consultants PA Kevin Caldwell, Geoscience Group Chad Chastain, Little Ryan Mosser, Collett & Associates 581 S Westpark Drive Charlotte. NC 28217 Telephone: 704.525.6350 ~' MECKLENBURG COUNTY Land Use and Environmental Services Agency Flood Mitigation Program January 25, 2007 Kevin Caldwell Geoscience Group, Inc 500 Clanton Road, Suite K Charlotte, NC 28217 RE: Reames Road Culvert Extension, Perimeter Woods Dear Kevin: We are in receipt of your Floodplain Development Permit (FDP) application for the Reames Road culvert extension project in the Perimeter Woods subdivision. The City of Charlotte Floodplain Regulations will allow the culvert extension to be installed upon approval and issuance of the FDP from this office. I am not aware of any other Mecklenburg County regulations that would prohibit the culvert extension project from being completed or violate any county regulations if installed as approved. Please let me know if you have any questions or comments. Sincerely, William R. Tingle Floodplain Administrator PEOPLE • PRIDE • PROGRESS • PARTNERSHIPS 700 North Tryon Street • Charlotte, North Carolina 28202-2236 • (704) 336-2831 • Fax (704) 336-3846 wwwstormwaterservices. com Wetland Delineation Performed By: Soil 8~ 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: Reames Road Date: 5-18-04 Applicant/Owner. Perimeter Woods Land, LLC County: Meddenburg Investigator. Wendell Overby State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wl !s the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: (s the area a potential Problem Area? Yes X No Plot ID: wetland (If needed, explain on reverse.) " \fC/~CTATA-I Y CVC~I11 w1~ Dominant Plant Spedes Dominant Plant Speaes (Flag 185) Stratum Indicator Stratum Indicator 1. Carex spp Herb Facw 9. 2. Fraxinus pennsylvanica Tree Facw 10. 3. Impatiens capensis Herb Facw 11. Microstegium viminia Herb Fac 12. 5. 13. 6. 14- 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAG): Flag 20 = 100°1° Rem arks: HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream, Lake or Tide Gauge _ Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches Sediment Deposds x Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): ~ ~ x O~ad¢ed Root Channels in Upper 12 Inches, Depth of Surface Water: 12+ (n.) x Water-Stained Leaves '.''~'`'; . Local Sort Survey Data ~~- Depth to Free Water in Pit: 12+. (n.) x FAGNeutral Test _ Other (F~lain in Remarks) Depth to Saturated Sal: 5 (n.) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704) 720-9405 Project/Site: Reames Road Plot ID: Wetland SAl1:S Map Unit Name Drainage Class: Poorly drained (Series and Phase): Wehadkee Field Observations Taxonomy (Subgroup): Fluvaquentic Endoaquepts 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. 0-8 Ap 10YR 5/2 Sand loam 8-17+ Bg1 10YR 4/1 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: -'r+~ ' r~ `y, J~r,A t~5 r":"' '4rv r'il ''4 L~ y,L 4a'a c /l ~w??~ p , ~t.~~d~~+xaer~~XX Wetland Delineation Performed By: Soil 8~ 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: Reames Road Date: 5-18-04 Applicant/Ovmer. Perimeter Woods Land, LLC County: Mecklenburg Investigator. Wendell Overby State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wl Is the site significantly disturbed (Atypical Situation)? Yes X No Transact ID: Is the area a potential Problem Area? Yes X No Plot ID: wetland (If needed, explain on reverse.) vFr~ernN Dominant Plant Spaces Dominant Plant Species (Flag 185) Stratum Indicator Stratum Indicator 1. Woodwardia areolata Herb OBL 9. 2. Arundinaria pigantea Herb Facw 10. 3. Impatiens capensis Herb Facw 11. Smilax rotundifo~a V ne Fac 12. 5. Ulmus rubs Herb Facw+ 13. 6. Acer rubrum Tree Fac 14. 7. Arisaema quinatum Herb Fao- 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAG): Flag 203 = 85% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): _ Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches Sediment Deposits x Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): x Oxidized Root Channels in Upper 121nches Depth of Surface Water. 12+ (in.) x Water-Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pit: 12+ (in.) x FAGNeutral Test _ Other (Explain in Remarks) Depth to Saturated Soil: 8 (in.) Remarkks: Wetland Delineation Performed By: Soil ~ Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704) 720-9405 Project/Site: Reames Road Plot ID: Wetland SOILS Map Unit Name Drainage Class: Poorl drained (Series and Phase): Worsham Feld Observations Taxonomy (Subgroup): Typic Endoaquult Confirm Mapped Type? x Yes _ No Profile Descriation: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-5 A 10YR 5/1 Sand loam 5-16 Bg 10YR 5/1 10YR 5/6 Sand da 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 Reduang 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: ~ stio sou s~,F~~ D ~% ~~5 '~ afi~ J% ~ ~~ w.t,,, .•,F~ v.w ~ Z~ s. G _ ~ Wetland Delineation Performed By: Soil 8~ 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: Reames Road Date: 5-18-04 Applicant/Owner. Perimeter Woods Land, LLC County: Mecklenburg Investigator. Wendell Overby State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Upland Is the site significantly disturbed (Atypical Situation)? Yes X No Transact ID: Is the area a potential Problem Area? Yes X No Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Spades Dominant Plant Spades Stratum Indicator Stratum Indicator 1. Querrus alba Tree Facu 9. 2. Carya ovata Tree Facu 10. 3. Comus tbnda Tree Facu 11. Smilax rotundifolia Vine Fac 12. 5. Linodendron tu~pifera Tree Fac 13. 6. Acer rubrum Tree Fac 14. 7. Toxicodendron radicans V ne Fac 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (exduding FAG): 57% Remarks: HYDROLOGY Recorded Data (Descxibe in Remarks): Stream, Lake or Tide Gauge _ Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Indies 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. NA (in.) Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: NA pn.) FAGNeutral Test _ _ Other (Explain in Remarks) Depth to Saturated Soil: NA pn.) Remarks: Wetland Delineation Perfonned By: Soil & Environmental Consultants, PA 236 LePhillip Ct., Suite C Concord, North Carolina 28025 (704) 720-9405 Project/Site: Reames Road Plot ID: Upland cnn c Map Unit Name Drainage Class: Well-drained (Series and Phase): Cecil Field Observations Taxonomy (Subgroup): Typic Hapludults Confirm Mapped Type? x Yes _ No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) AbundancelContrast Structure, etc. 0-6 Ap 5YR 4/6 Sand loam 6-18+ Bt 2.5YR 4/6 Sand da loam 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 Redudng Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLANDS DETERMINATION X Hydrophytic Vegetation Present? Yes _ No Is this sampling point within a wetland? Wetland Hydrology Present? Yes X No Yes x No Hydric Soils Present? Yes x No Remarks: ~o sort sc v V ~~ttf '~ ~~~