HomeMy WebLinkAbout20052113 Ver 1_Complete File_20051123CF vv ? /'E:9
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Mr. Jeffrey Wise
U.S. National Whitewater Center, Inc.
1430 South Mint Street, Studio 105A
Charlotte, NC 28203
Subject: Whitewater Pkwy, Phase I
Dear Mr. Wise:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
E ?c??od1r'-P'-11 p
JAN 1 0 2006
DENk - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Alan W. Klimek, P.E. Director
Division of Water Quality
January 3, 2006
DWQ# 05-2113
Mecklenburg County
On December 16, 2005 a 401 Water Quality Certification was issued for the Whitewater Parkway in
Mecklenburg County. It was brought to our attention by your consultant, Mr. Len Rindner, that condition #5 of the
certification incorrectly stated that 634 linear feet (ID of stream mitigation was required. The correct footage
should be 485 ft. All other conditions of the certification still apply to the project. We apologize for any
inconvenience this may have caused.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
66311699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Water Quality Pgm., Mecklenburg
Central Files
Len Rindner
Sincerely,
for Alan W. Klimek, P.E.
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699
Intemet: h2o.enr.state.nc.us FAX (704) 663-6040
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i
No One
Carolina
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NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
05-2113
In accordance with 15A NCAC 2 H .0500, U.S. National Whitewater Center, Inc. has permission as
outlined below to impact 634 linear feet of stream in order to construct the Whitewater Parkway in Mecklenburg
County, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: White Water Parkway (Moores Chapel Rd./Belmeade Rd.)
COUNTY: Mecklenburg
BASIN/SUBBASIN Catawba (03050101)
Impacts:
485 linear feet of perennial streams (634 linear feet total)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
485 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated November 18, 2005, the EEP indicated that 500 linear feet of stream mitigation will be
conducted by EEP if available within the cataloging unit. More may be required if mitigation is required outside
the unit.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program
must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre
increments according to 15 2r.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT
HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
F WAIF
O?? ROG Michael F. Easley, Governor
y William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
Q `C Alan W. Klimek, P.E. Director
Division of Water Quality
December 16, 2005
DWQ# 05-2113
Mecklenburg County
Mr. Jeffrey Wise 4? Wry
U.S. National Whitewater Center, Inc. i
1430 south Mint Street, Studio 105A
Charlotte, NC 28203 5
Subject: Whitewater Pkwy, Phase I r:rr,
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wise:
You have our approval, in accordance with the attached conditions and those listed below, to impact
634 linear feet (If) (485 ft. perennial and 149 ft. intermittent) of unnamed stream to Long Creek in order to
construct the Whitewater Parkway in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on November 23, 2004. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3404, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide
Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should
,get any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2 The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. Deed restrictions or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetiands.
No)` Carolina
ura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748
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4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
5. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 213
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 213 .0233(10). Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program), the stream impacts shall not occur. Ms. Carol Shaw should be
contacted at (919) 715-2227 if you have any questions concerning the EEP. You have one month from the
date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill
of 634 linear feet of perennial streams in the Catawba River Basin, (Cataloging Unit 03050101); and 634
linear feet of stream mitigation is required. Please be aware that the EEP rules require rounding of stream
impacts to the nearest foot (15A NCAC 2R .0503(b)). Be advised that should mitigation in the current
cataloging unit be unavailable, the current ratio of 1:1 may be increased to mitigate outside of this unit.
6. The planting of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the streambed, unless approved by the DWQ.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
8. A final written storm water management plan shall be approved, in writing, by this Office (or by the local
governing program, condition #6 of GC3404) prior to the construction of any permanent facilities at the site.
The storm water facilities must be designed to treat the runoff from the entire project, unless otherwise
approved by the Division of Water Quality. Also, before any permanent building is occupied at the site, the
facilities (as approved by this Office) shall be constructed and operational, and the storm water
management plan (as approved by this Office) shall be implemented. The structural storm water practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to
the structural storm water facilities shall be made without written authorization from the Division of Water
Quality.
9. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. Sediment and erosion control
measures shall not be placed in wetlands or waters of the State. All construction activities associated with
this project shall meet, and/or exceed, those requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water
quality standards, statutes, or rules occur.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
11. Continuing Compliance. The applicant (U.S. National Whitewater Center, Inc.) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1,699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Water Quality Pgm., Mecklenburg
Central Files
Len Rindner
Triage Check List
Date: 11/30/05 Project Name: Whitewater Parkway - Phase I
DWQ#: 05-2113
County: Mecklenburg
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 11/23/05 -1/21/06
rY
From: Cyndi Karoly Telephone : (919) 733-9721
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
F rl
i ?._ Q
z `
Whitewater Parkway
Phase -1
(thoroughfare between SR 1606 and SR 1601)
Charlotte, Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. Jeffrey T. Wise
U.S. National Whitewater Center, Inc.
1430 South Mint Street, Studio 105A
Charlotte, MC 28203
704-372-9695
L?C?L?OdC?
Prepared By:
p
NOV 2 3 2005
Leonard S. Rindner, PWS
Environmental Planning Consultant WETIANDSRAN SAORMWUA"TY
3714 Spokeshave Lane
Matthews, NC 28105
(704) 904-2277
Jim McGovern and Associates
600 Towne Center Boulevard, Suite 100
P.O. Box 691
Pineville, NC 28134
704 889-8200
*Subject to verification by the USACE and NCDWQ
Date: 11/22/2005
Page 1 of 10
Office Use Only: Form Version May 2002
2 0 0 5 2 1 1 3
USACE Action ID No. DWQ No.
Jf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14 -- Linear Project
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Application has been submitted to the NCEEP - see attached
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: ?
Applicant Information m @ a?
5.
H.
1. Owner/Applicant Information
NOV 2 3 2005
Name: Mr. Jeffrey T. Wise DENR - WATER QUALITY
U.S. National Whitewater Center, Inc. WEtUfNQS AND STORMWATER BRANCH
1430 South Mint Street, Studio 105A
Charlotte, MC 28203
Telephone Number:-704-372-9695 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: Leonard S. Rindner, PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews, NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lrindnert7a Carolina rr com
Page 2 of 10
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: Whitewater Parkway
2. T.I.P. Project Number or State Project Number (NCDOT Only):
F
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg County Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location map - between SR 1601 (Moores Chapel Road) and SR 1606
(Belmeade Road)
5. Site coordinates, if available (UTM or Lat/Long): A -35.28010N, 80.9888°W; 13-
35.27820N, 80.9928°W : C - 35.27760N, 80.9943°W; D - 35.27280N, 81.00030W)
USGS Mtn. Island Lake and Mt. Molly (Note - If project is linear, such as a road or utility line, attach a
sheet that separately lists the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): + 30 Acres (Approximately 6,600 linear feet in Phase 1)
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Long 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://h2o.enr.state.ne.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped timbered woodland in mid to early secondary
succession.
Page 3 of 10
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed Whitewater Parkway thorou are.
11. Explain the purpose of the proposed work: Road crossings _ over perennial and intermittent
streams to construct Whitewater Parkway to serve new developments as required by City of
Charlotte, including U.S. National %itewater Center, Inc.
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 wetlands and streams have been field delineated for use in evaluating alignments. The
a
proposed alignment limits impacts to unavoidable perpendicular crossings On June 15, 2005,
meeting was held with the USACE (Amanda Jones) and representatives of the City of Charlotte
Planning and Transportation Departments (CDOT). At this meeting it was determined that
Whitewater Parkway would be considered a linear thoroughfare project and eligible for
Nationwide Permit #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.
Additional impacts to streams and wetlands are not expected. Additional impacts if required will
be applied for appropriately for Phase 2.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Page 4 of 10
1. Provide a written description of the proposed impacts: Permanent impacts to streams
are limited to unavoidable road crossings.
2. Individually list wetland impacts below: NA The project has been designed to avoid impacts
to wetlands.
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
• List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.sov.
**? List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made byUSACE only).
List the total acreage (estimated) of all existing wetlands on the property: NA
Total area of-permanent wetland impact proposed: NA
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
A** NWP #14 149 UT of Long Creek 69- 89+ Perennial
B NWP #14 149 UT of Long Creek 3'4' Int. (Unimp)
C** NWP #14 163 UT of Long Creek 6' to 8' Perennial
D** NWP 414 173 UT of Long Creek 6' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
Page 5 of 10
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g,, www.topozone.com,
www.mapquest.com, etc.).
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
• List each impact separately and identity temporary impacts. impacts mumuc, out ure nuL 1111ULCU w: ,.,,, rm avauuu, umurui&
flooding, drainage, bulkheads, etc.
5. 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.):
j
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
Prior to designing the road wetlands streams and topographic conditions were thoroughly
evaluated Several alignments were analyzed to balance engineering requirements and
environmental conditions As a result permanent impacts to streams are limited to
unavoidable bank to bank road crossings. Headwalls are utilized to minimize impacts to the
extent feasible Also sidewalks are located at the curb line in the vicinity of road crossings to
remove the landscape strip at road crossing thereby reducing length of culvert. Normal flow
Page 6 of 10
will be directed to one culvert at multiple culvert crossings. A floodplain bench will be
constructed at both ends of the culvert with appropriate riprap to direct normal flow to a
single channel. The floodplain bench shall be planted with appropriate hydroph is
vegetation, such as soft rush. The plan avoids the substantial bottomland hardwood wetlands
in the floodplain.
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 March 9, 2000, 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
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 NCWRP 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/strmizide.html.
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.
The plan avoids the substantial bottomland hardwood wetlands in the floodplain. Local
SWIM buffers protect the perennial streams on the site in Mecklenburg County.
Page 7 of 10
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 485 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federallstate) funds or the use of public
(federal/state) land?
.Yes X No ?
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
Jeffrey Wise, Executive Director stated that although the exact details of the state's $1.810 funding are not
finalized this funding would be provided as a reimbursement for USNWC roadway costs. Aside from the
state's committed reimbursement, all remaining funds, including dedication of land, will be privately
funded.
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) NA
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.
Page 8 of 10
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify P
Yes ? No ? If you answered "yes", provide the following information:
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* s uImpact are feet Multiplier Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular tfom near bank of channel; Lone L extends an
additional 20 feet from the edge of Zone 1.
XI.
MI.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Stormwater (required by DWQ)
Describe impervious acreage (both 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.
All development adjacent to Whitewater Parkwgy as defined on the approved conditional zoning plan
shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as
administered by Mecklenburg County and/or the City of Charlotte, as applicable. All development is
subject to local SWIM buffer ordinance Lower Lake Wylie Watershed Protection Requirement. The
development of the overall stormwater management plan is being administered by the City of Charlotte.
Charlotte-Mecklenburg strictly manages and enforces sedimentation and erosion control plans. As
required, bioretention areas have been developed to treat stormwater as indicated in the attached report.
City of Charlotte will exceed or meet the NCDENR requirements in implementing the stormwater
treatment plan. To avoid overt Aping it is recommended that the NCDENR turnover compliance of
stormwater management to the City of Charlotte.
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.
CMUD Municipal System
Page 9 of 10
X111. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No X
Is this an after the fact permit application?
Yes ? No X
X1V. 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
O pose to list constraints associated with construction or sequencing that may impose limits on
/Wkrk schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
9 ned,. ecies, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature 'Date'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
J
NATIONAL
.
WHITEWATER
CENTER
LEONARD S RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: (704) 904-2277
Fax (704) 847-0185
November 14, 2005
Mr. Jeffrey T. Wise, Executive Director
U.S. National Whitewater Center, Inc.
1430 South Mint Street, Studio 105A
Charlotte, NC 28203
Re: Whitewater Parkway - Agent Authorization Letter
Dear Mr. Wise:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources
11114rey ise Dat
Please contact me if you have any questions or require additional explanation. Thank
you.
incerely
.eonar S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
1430 South Mint Street, 105A Charlotte, NC 28203 Phone (704) 372-9695, Fax (704) 372-2003 www.usnwc.org
NATIONAL
WHITEWATER
CENTER
November 22, 2005
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
Re: Whitewater Parkway - Mitigation Reauest
Dear Mr. Rindner,
Thank you for your support and continued guidance through the Whitewater Parkway
wetlands permitting process. We are in receipt of the letter from the North Carolina
Ecosystem Enhancement Program (NCEEP) proposing the acceptance of funds for
impacts associated with our parkway project.
It is our understanding that the NCEEP has identified scarce opportunities for
mitigation within the surrounding areas and therefore does not guarantee use of
funds within this specific watershed of the Catawba River Basin. While the US
National Whitewater Center's (USNWC) preference would be to expend these funds
locally, we urge you to recommend to the USACE and the NCDENR to not let this be
the deciding factor in our mitigation efforts.
Furthermore, we understand that the US Army Corps Engineers (USACE) has the
final decision to accept the NCEEP proposal. We can not stress enough that critical
timeline associated with the parkway project and its connection as the entrance road
to the USNWC. We have expended great resources and nurtured many relationships
with the federal, state, and surrounding local governments, county and state
agencies as well as a broad range of support from local businesses and residents of
Mecklenburg and Gaston counties. Our efforts and commitments are to open in late
Spring of 2006 and we fear that traditional mitigation processes may stall our
ambitious efforts.
We urge you to present our concerns and continued commitment as a steward of the
environment to the USACE, and request that the USACE accept the NCEEP's proposal
for alternative mitigation. Please make sure that the agencies also take note of our
specific efforts to minimize impacts to sensitive areas and treat storm water runoff in
planning the final alignment based on your recommendations and suggestions.
Please contact me at your earliest convenience if I can be of further assistance to
share the US National Whitewater Center's and objectives.
Sincerely,
Jeffrey T. Wise
Executive Director
Cc: Jeffrey Gustin, AIA- Liquid Design
1430 South Mint Street, 105A Charlotte, NC 28203 Phone (704) 372-9695, Fax (704) 372-2003 www.usnwc.org
11-4L 107 cu._ 11 rnuil-OL"n-azu
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
L1J
' N* -
T
fallc stem ?
Mel
Wr dW M
PROGRAM
November 18, 2005
Project: Whitewater Parkway County: Mecklenburg
1 VVJ . VV v -lv?
-'The purpose of this latter is to notify you that the North Carolina Ecosystem Enhancement Program (NC SEP) 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 NC ESP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
PermitA01 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/40.1 permits to NC.SEP.. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an
invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may'require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone I Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Iii arian Non-Riparian Coastal Marsh Cold Cool Warta
Catawba 0 0 0
F"
T
O
500
0
0
03050101
Traditional mitigation opportunities in this cataloging unit are scarce and/or not feasible. Based on that fact, EEP
reserves the right to provide mitigation for this project subject to the following conditions:
(a) EEP provides alternative mitigation in the Cataloging Chit (i.e. something other than traditional
restoration on a ratio basis); and/or
(b) EEP provides compensatory mitigation In an adjacent Cataloging unit (in this case Catawba 03050102);
and/or
(e) EEP provides preservation in the saute Cataloging Unit.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to 4 2:1 ratio, (buffers, Zone 1 at a 3:l ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification,
Resto?u... Ec2luiu;;ig... Prol?? Ot:?,r Sating
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27899.1652 1919-715-0476 / www.nceep.net
11-44-" 103 1010:14 rrwri-LitPmn-acr J17r1JLLao 1-uai FVO u-Yrrs
Leonard S. Rindner, PWS
Whitewater Parkway
November 18, 2005
Page 2
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 Carol Shaw at (9I9) 733-5205,
cc: Cyndi Karoty, Wetlands/401 Unit
Steve Chapin, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
Sincerely,
.??*
Wi ' D. Gilmore, PE
Director
'Res?o? ...E ... Prot" oar fw&
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919.715-0476 ! www.nceep.net
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STREAM CROSSINGS
Normal flow to be directed to one culvert at multiple
culvert crossing. A floodplain bench shall be
constructed at both ends of the culvert with
appropriate riprap to direct normal flow to a single
channel to. The floodplain bench shall be planted with
appropriate hydrophytic vegetation, such as soft rush
(Juncus effusus).
PERENNIAL STREAM
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MITIGATION PROPOSED
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610
600
590
2 END WALL ELEVATION
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CULVERT # 4
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# 4 SECTION
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1"=401 H
1".4f V
Normal flow to be directed to one culvert at multiple
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constructed at both ends of the culvert with
appropriate riprap to direct normal flow to a single
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appropriate hydrophytic vegetation, such as soft rush
(Juncus effusus).
PERENNIAL STREAM
CULVERT # 5
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MITIGATION PROPOSED 1"=405
STREAM CROSSING #C 163 LF STREAM IMPACTS
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1. Root stock of the plant material shall be kept moist during transport
from the source to the job site and until planted
2. Walls of planting pit shall be dug so that they are vertical.
3. The diameter of the planting pit must be a minimum of six inches (60-1
larger than the diameter of the ball of the tree.
4. The planting pit shall be deep enough to allow 1/4 of the ball to be
above the existing grade. Loose soli at the bottom of the pit
shall be tamped by hand e
5. The appropriate amount of fertilizer Is to be placed at the
bottom of the pit (see fertilization rates hereon).
6. The plant shall be removed from the container and placed In the planting
pit by lifting and carrying the plant by the boll (never lift
by branches or the trunk).
7. Set the plant upright and in the center of the pit so that the top of
the ball is approximately 1 /4 above the final grade.
& Badkfill planting pit with excavated material.
9. Make sure plant remains straight during backfilling procedure.
10. Never cover the top of the ball with soil. Mound soil around the exposed bail.
11. Trees shall be braced by using 2" x 2" white oak stakes. Stakes shall be
placed parallel to walkways and buildings. Stakes are to be equally spaced
on the outside of the tree bail. Utilizing hose and wire. brace the tree to the stakes.
FERMUZATION
Tree and shrub fertilizer shall be a 21 gm, tightly compressed. long lasting, slow release (2 year)
fertilizer tablet with a minimum guaranteed analyisl of 2G-10-5.-
Total Nitrogen: (N) - 2OX
Water Soluble Organic Nitrogen - 7%
Water Insoluble Organic Nitrogen - 13%
Available Phosphoric Add (P205) - 10K
Soluble Potash (K20) - 5%
For containerized trees and shrubs. place the specified fertilizer tablet(s)
In the bottom of the planting pit according to the following rates:
1 gal. Container 1 ea 21gm Tablets
3 gal. Container 2 ea. 21 gm Tablets
5 gal. Container 3 ea 21gm Tablets
7 gal. Container 5 ea. 21gm Tablets
1. The ground cover planting holes shall be dug through the mulch with one of the following:
trowel, shovel, bulb planter, or hoe ( this does not apply.to grasses or legumes).
2. Before planting. biodegradable pots shall be split, and non-biodegradable pots shall be removed.
Root systems of all potted plants shall be split or crumbled.
3. The ground cover shall be planted so that the roots are surrounded by the soft below the mulch.
Potted plants shall be set so that the top of the pot is even with the existing grade. The roots
of bare root plants shall be covered to the crown.
4. Before planting, apply a pre-emergent herbicide to the mulched and planted ground cover bed.
5. The entire ground cover bed shall be thoroughly watered.
MAINTENANCE SCHEDULE
1. For the first couple years, plants and trees may need water until they become established.
2. After each storm the operator of the facility must inspect the rain garden and remove trash, and
unwanted debris from the garden. The overflow device should be checked and cleared of any
obstructions.
3. Mulch must be replaced every two to three years. Any void arenas must be re-mulched Immediately.
4. Trees and Shrubs should only be permitted as shown on approved plan. Vegetation is to be kept
vibrant and healthy. If a tree or shrub dies R should be removed and replaced
5. Due to acid rain, pH in the rain garden can Increase. On a yearly basis check the pH of the planted
soll to make sure that a pH range of between 5.5 - 6.5 is present if R is not, then apply limstone or
other alkaline substance to the sob. The soil should also be tested yearly to see if heavy metals have
accumulated beyond rotes that would glow vegetation to exist In this case, removal and lend filing
of the contaminated soli is recommended
6. On a yearly basis check the collection system (Le. catch basin, piping, grassed swoles) for proper
functioning. Inspect the underground drainage pipes at the joints for any maintenance problems or
dogging. Repair and replace as necessary.
7. Sedimentation from on-site and off-alte sole will d the rolagarden area St bAlzation of the site
draining to the roingarden of the area should be maiained. Any silt dogg(rng the raingarden area
must ha rmmnvnd-
t
t
Whitewater Parkway
Phase -l
(thoroughfare between SR 1606 and SR 1601)
Charlotte, Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For.
Mr. Jeffrey T. Wise
U.S. National Whitewater Center, Inc.
1430 South Mint Street, Studio 105A
Charlotte, MC 28203
704-372-9695
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
(704) 9042277
Jim McGovern and Associates
600 Towne Center Boulevard, Suite 100
P.O. Box 691
Pineville, NC 28134
704 889-8200
RF=@F=0WF= D
NOV 2 3 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
*Subject to verification by the USACE and NCDWQ
Date: 11/22/2005
Page 1 of 10
•S
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. 2 0 0 5 2 1 1 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
k X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14 -- Linear Project
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Application has been submitted to the NCEEP - see attached
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: ?
H. Applicant Information
1. Owner/Applicant Information RRQPLg9W9 U
Name: Mr. Jeffrey T. Wise N011 2 3 2005
U.S. National Whitewater Center, Inc.
1430 South Mint Street, Studio 105A DENR - WATER Qt11iW Y
Charlotte, MC 28203 WEDS AND STOP WATER BRANCH
Telephone Number: _704-372-9695 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: Leonard S. Rindner. PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lrindner@carolina rr com
Page 2 of 10
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: Whitewater Parkway
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg County Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location map - between SR 1601 (Moores Chapel Road) and SR 1606
(Belmeade Road)
5. Site coordinates, if available (UTM or Lat/Long): A -35.28011N, 80.9888°W; 13-
35.27820N, 80.9928°W : C - 35.2776°N, 80.99430W; D - 35.2728°N, 81.0003°W)
USGS Mtn. Island Lake and Mt. Holly (Note - If project is linear, such as a road or utility line, attach a
sheet that separately lists the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): + 30 Acres (&proximately 6,600 linear feet in Phase 1)
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Long _C, reek
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/map-I"
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped timbered woodland in mid to early secondary
succession.
Page 3 of 10
C
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed Whitewater Pazkwa thoroughfare.
11. Explain the purpose of the proposed work: Road crossings over perennial and intermittent
streams to construct Whitewater Parkway to serve new developments as required by City of
Charlotte including U.S. National Whitewater Center, Inc.
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 wetlands and streams have been field delineated for use in evaluating alip-nments. The
proposed alignment limits impacts to unavoidable perpendicular crossings. On June 15, 2005, a
meeting was held with the USACE (Amanda Jones) and representatives of the City of Charlotte
Planning and Transportation Departments (CDOT). At this meeting it was determined that
are project and eligible for
gli
Whitewater Parkway would be considered a linear thorou
Nationwide Permit #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.
Additional impacts to streams and wetlands are not expected. Additional impacts if required will
be applied for appropriately for Phase 2.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Page 4 of 10
z ?.
1. Provide a written description of the proposed impacts: Permanent impacts to streams
are limited to unavoidable road crossinas.
2. Individually list wetland impacts below: NA The project has been designed to avoid impacts
to wetlands.
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: NA
Total area of permanent wetland impact proposed: NA
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
A** NWP #14 149 UT of Long Creek 61-89+ Perennial
B NWP #14 149 UT of Long Creek 314' Int. (Unimp)
C** NWP #14 163 UT of Long Creek 6' to 8' Perennial
D** NWP 414 173 UT of Long Creek 6' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
Page 5 of 10
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not iimitea to: nu, excavation, oreag?ng,
flooding, drainage, bulkheads, etc.
5. 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.):
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.
Prior to designing the road, wetlands streams and topographic conditions were thoroughly
evaluated Several alianments were analyzed to balance engineering requirements and
environmental conditions As a result permanent impacts to streams are limited to
unavoidable bank to bank road crossings Headwalls are utilized to minimize impacts to the
extent feasible Also sidewalks are located at the curb line in the vicinity of road crossings to
remove the landscape strip at road crossing thereby reducing length of culvert. Normal flow
Page 6 of 10
will be directed to one culvert at multiple culvert crossings_A floodplain bench will be
constructed at both ends of the culvert with appropriate riprap to direct normal flow to a
single channel. The floodplain bench shall be planted with appropriate hydrophytic
vegetation, such as soft rush. The plan avoids the substantial bottomland hardwood wetlands
in the floodplain.
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 March 9, 2000, 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
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 NCWRP 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.
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.
The plan avoids the substantial bottomland hardwood wetlands in the floodplain. Local
SWIM buffers protect the perennial streams on the site in Mecklenburg County,
Page 7 of 10
2.
IX.
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 485 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes X No ?
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
Jeffrey Wise, Executive Director stated that although the exact details of the state's $1.8M funding are not
finalized this funding would be provided as a reimbursement for USNWC roadway costs. Aside from the
state's committed reimbursement, all remaining funds, including dedication of land, will be privately
funded.
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) NA
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.
Page 8 of 10
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
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* s uImpct are feet) Multiplier
u
Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
All development adjacent to Whitewater Parkway as defined on the approved conditional zoning plan
shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as
administered by Mecklenburg County and/or the City of Charlotte as applicable All development is
subject to local SWIM buffer ordinance Lower Lake Wylie Watershed Protection Requirement. The
development of the overall stormwater management plan is being administered by the City of Charlotte.
Charlotte-Mecklenburg strictly manages and enforces sedimentation and erosion control plans. As
required bioretention areas have been developed to treat stormwater as indicated in the attached report.
City of Charlotte will exceed or meet the NCDENR requirements in implementing the stormwater
treatment plan To avoid overlapping it is recommended that the NCDENR turnover compliance of
stormwater management to the City of Charlotte.
MI. Sewage Disposal (required by DWQ)
E 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.
CMUD Municipal System
Page 9 of 10
XIII. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the factpermit application?
Yes ? No X
XIV.' 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
c ose to list constraints associated with construction or sequencing that may impose limits on
rk schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
ed cies, accessibility problems, or other issues outside of the applicant's control).
1i Z-z
Applicant/Agent's Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
r./
r
NATIONAL
WHITEWATER
(ENTER
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: (704) 904-2277
Fax (704) 847-0185
November 14, 2005
Mr. Jeffrey T. Wise, Executive Director
U.S. National Whitewater Center, Inc.
1430 South Mint Street, Studio 105A
Charlotte, NC 28203
Re: Whitewater Parkway - Agent Authorization Letter
Dear Mr. Wise:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
Arey Ise Dat
? 0- Y
Please contact me if you have any questions or require additional explanation. Thank
you.
teonar''7 S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
1430 South Mint Street, 105A Charlotte, NC 28203 Phone (704) 372-9695, Fax (704) 372-2003 www.usnwc.org
/--C
NATIONAL
WHITEWATER
CENTER
November 22, 2005
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
Re: Whiltewater Parkway - Mitigation Request
Dear Mr. Rindner,
Thank you for your support and continued guidance through the Whitewater Parkway
wetlands permitting process. We are in receipt of the letter from the North Carolina
Ecosystem Enhancement Program (NCEEP) proposing the acceptance of funds for
impacts associated with our parkway project.
It is our understanding that the NCEEP has identified scarce opportunities for
mitigation within the surrounding areas and therefore does not guarantee use of
funds within this specific watershed of the Catawba River Basin. While the US
National Whitewater Center's (USNWC) preference would be to expend these funds
locally, we urge you to recommend to the USACE and the NCDENR to not let this be
the deciding factor in our mitigation efforts.
Furthermore, we understand that the US Army Corps Engineers (USACE) has the
final decision to accept the NCEEP proposal. We can not stress enough that critical
timellne associated with the parkway project and its connection as the entrance road
to the USNWC. We have expended great resources and nurtured many relationships
with the federal, state, and surrounding local governments, county and state
agencies as well as a broad range of support from local businesses and residents of
Mecklenburg and Gaston counties. Our efforts and commitments are to open in late
Spring of 2006 and we fear that traditional mitigation processes may stall our
ambitious efforts.
We urge you to present our concerns and continued commitment as a steward of the
environment to the USACE, and request that the USACE accept the NCEEP's proposal
for alternative mitigation. Please make sure that the agencies also take note of our
specific efforts to minimize impacts to sensitive areas and treat storm water runoff in
planning the final alignment based on your recommendations and suggestions.
Please contact me at your earliest convenience if I can be of further assistance to
share the US National Whitewater Center's and objectives.
Sincerely,
Jeffrey T. Wise
Executive Director
Cc: Jeffrey Gustin, AIA- Liquid Design
1430 South Mint Street, 105A Charlotte, NC 28203 Phone (704) 372-9695, Fax (704) 372-2003 www.usnwc.org
11-LL- VJ 00.11 L rSVI J-L?lYll-?Gr J1? (1JLL 1J 1 uva s vv v z..z
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PROGRAM
November 18, 2005
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28-105
Project: Whitewater Parkway County: Mecklenburg
'The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC SEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
PermitA01 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/40.1 permits to NC EEP.. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an
invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may'require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft,) (S . Ft.)
R!2! rian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 500 0 0
03050101
Traditional mitigation opportunities in this cataloging unit are scarce and/or not feasible. Based on that fact, EEP
reserves the right to provide mitigation for this project subject to the following conditions:
(a) EEP provides alternative mitigation in the Cataloging Unit (i.e. something other than traditional
restoration on a ratio basis); and/or
(b) EEP provides compensatory mitigation in an adjacent Cataloging Unit (in this case Catawba 03050102);
NP
(c) EEP provides preservation in the same Cataloging Unit.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification,
Resto?i. ...E .. Perot" ow StRte,
NCDR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center. Raleigh, NC 27899-1652 / 919-715.0476 / www.nceep.net
11'LL" q7 t710:1L ClSUl7'Llrivts-at;[" ?1?r1:.?tt1? i-u3? rn3 u-Yiot
Leonard S. Rindner, PWS
Whitewater Parkway
November 18, 2005
Page 2
The mitigation will be performed in accordance with the Memorandum of Undersmnding 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 Carol Shaw at (919) 733-5205.
Sincerely,
Wi Y'D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Chit
Steve Chapin, USACE - Asheville
Alan lohnson. DWQ Regional Office - Mooresville
File
EKlu"... Prot?:ctr°'? par Sfairz .
AKDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Cent®r, Raleigh, NC 27699.1652 / 919-715-0476 / www.nceep,net
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WHITEWATER PARKWAY AND SWIM BUFFERS
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DIST. AREAS IN 7. , 1 1 - 23
POWER LINE - IN
PROGRESS E 1 -181 1 1'.,15.
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EPH. CHANNEUGULLY/DITCH
APPROXIMATE MAP - WATERS OF THE U.S.
FOR SURVEY AND STUDY PURPOSES ONLY
SUBJECT TO DELINEATION AND U.S.A.C.E. VERIFICATION
PERENNIAL
1
IN.
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DIST. IN POW. LINE RW- ?• ?, 'L - 4 _
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APPROX. ALIGNMENT WHITEWATER PKWY
APPROXIMATE MAP - WATERS OF THE U.S.
FOR SURVEY AND STUDY PURPOSES ONLY
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STREAM CROSSINGS
Normal flow to be directed to one culvert at multiple
culvert crossing. A floodplain bench shall be
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PERENNIAL STREAM
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STREAM CROSSING #A 149 LF STREAM IMPACTS
MITIGATION PROPOSED
1"=401 H
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2 ENDWALL ELEVATION
STREAM CROSSING #A 149 LF STREAM IMPACTS
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1"=41 V
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# 2. SEC - I I UN
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Normal flow to be directed to one culvert at multiple
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appropriate hydrophytic vegetation, such as soft rush
(Juncus effusus).
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CULVERT # 4
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STREAM CROSSING #13 149 LF STREAM IMPACTS
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# 4 EN D WALL ELEVATION
STREAM CROSSING #B 149 LF STREAM IMPACTS
1"=401 H
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600
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W 4 SECTION
STREAM CROSSING #B 149 LF STREAM IMPACTS
1"=40' H
1"=41 V
Normal flow to be directed to one culvert at multiple
culvert crossing. A fioodplain bench shall be
constructed at both ends of the culvert with
appropriate riprap to direct normal flow to a single
channel to. The floodpiain bench shall be planted with
appropriate hydrophytic vegetation, such as soft rush
(Juncus effusus).
CULVERT # 5 3 ,- 60" CULVERTS
STREAM CROSSING #C 163 LF STREAM IMPACTS
MITIGATION PROPOSED 1"=409 H
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STREAM CROSSING #C 163 LF STREAM IMPACTS
605
595
TOP OF HEADWALL
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appropriate hydrophytic vegetation, such as soft rush
(Juncus effusus).
CULVEKI # d /2
CULVERT
MITIGATION PROPOSED
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STREAM CROSSING #D 173 LF STREAM IMPACTS
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STREAM CROSSING #D 173 LF STREAM IMPACTS 1 "_40 V
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1. Root stock of the plant material shall be kept moist during transport
from the source to the job site and until planted.
2. Walls of planting pit shall be dug so that they are vertical.
3. The diameter of the planting pit must be a minimum of six inches (6"1
larger than the diameter of the ball of the tree.
4. The planting pit shall be deep enough to allow 1/4 of the bail to be
above the existing grade. Loose soli at the bottom of the pit
shall be tamped by hand. V
5. The appropriate amount of fertilizer is to be placed at the
bottom of the pit (see fertilization rates hereon).
6. The plant shall be removed from the container and placed in the planting
pit by lifting and carrying the plant by the ball (never lift
by branches or the trunk).
7. Set the plant upright and In the center of the pit so that the top of
the ball is approximately 1/4 above the final grade.
& Backf ll planting pit with excavated material.
9. Make sure plant remains straight during backfgiing procedure.
10. Never cover the top of the bail with soil. Mound soil around the exposed ball.
11. Trees shall be braced by using 2" x 2" white oak stakes. Stakes shall be
placed parallel to walkways and buildings. Stakes are to be equally spaced
on the outside of the tree bag. Utilizing hose and wire, brace the tree to the stakes.
FERTILIZATION
Tree and shrub fertilizer shall be a 21 gm4 tightly compressed, long lasting, slow release (2 year)
fertilizer tablet with a minimum guaranteed analyiei of 20-10-5:
Total Nitrogen: (N) - 2OX
Water Soluble Organic Nitrogen - 7X
Water Insoluble Organic Nitrogen - 13%
Available Phosphoric Add (P205) - 10X
Soluble Potash (K20) - 5X
For containerized trees and shrubs, place the specified fertilizer tablet(s)
in the bottom of the planting pit according to the following rates:
1 gal. Container 1 ea 21gm Tablets
3 gal. Container 2 ea. 21grn Tablets
5 gal. Container 3 ea 21 gm Tablets
7 gal. Container 5 ea 21 gm Tablets
PLANTING NON-GRASS GROUNG COVER
1. The ground cover planting holes shall be dug through the mulch with one of the following:
trowel, shovel. bulb planter, or hoe ( this does not apply.to grosses or legumes).
2. Before planting, biodegradable pots shall be spilt, and non-biodegradable pots shall be removed.
Root systems of ail potted plants shall be split or crumbled.
3. The ground cover shall be planted so that the roots are surrounded by the soil below the mulch.
Potted plants shall be set so that the top of the pot is even with the existing grade. The roots
of bare root plants shall be covered to the kxown.
4. Before planting, apply a pre-emergent herbicide to the mulched and planted ground cover bed.
5. The entire ground cover bed shall be thoroughly watered.
AAAINTENANCE SCHEDULE
1. For the .first couple years, plants and trees may need water until they become established.
2. After each storm the operator of the facility must inspect the rain garden and remove trash. and ,
unwanted debris from the garden. The overflow device should be checked and cleared of any
obstructions.
3. Mulch must be replaced every two to three years. Any void areas must be re-mulched Immediately.
4. Trees and Shrubs should only be permitted as shown on approved plan. Vegetation is to be kept
vibrant and healthy. If a tree or shrub dies it should be removed and replaced.
5. Due to acid rain, pH In the rain garden can increase. On a yearly basis check the pH of the planted
soil to make sure that a pH range of between 5.5 - 6.5 is present. If it is not, then apply limstone or
other alkaline substance to the soil. The loll should also be tested yearly to see If heavy metals have
accumulated beyond rates that would allow vegetation to exist. In this case, removal and land filling
of the contaminated soil Is recommended
6. On a yearly basis check the collection system (Le. catch basin, piping, grossed swales) for proper
functioning. Inspect the underground drainage pipes at the joints for any maintenance problems or
dogging. Repair and replace as necessary.
7. Sedimentation from on-site and off-site soils will d tine ro' area Stabilization of the site
draining to the raingarden of the area should be maintained Any sift dogging the raingan den area
moat ho rmmnvPA,
Ecosystem
PROGRAM
November 18, 2005
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
Project: Whitewater Parkway County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401 permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an
invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 500 0 0
03050101
Traditional mitigation opportunities in this cataloging unit are scarce and/or not feasible. Based on that fact, EEP
reserves the right to provide mitigation for this project subject to the following conditions:
(a) EEP provides alternative mitigation in the Cataloging Unit (i.e. something other than traditional
restoration on a ratio basis); and/or
(b) EEP provides compensatory mitigation in an adjacent Cataloging Unit (in this case Catawba 03050102);
and/or
(c) EEP provides preservation in the same Cataloging Unit.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification.
Reston' .. .. Protect' oar Stutz QUA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Leon: rd S. Rirdrer, PVVS
NV"hitewater Parkway
November 18, 2005
Pace 2
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 Carol Shaw at (919) 733-5205.
Sincerely,
Wi D. Gilmore, PE
Director
cc: Cy di Karoly, Wetlands1401 Unit
Steve Chapin, USACE -Asheville
Man Johnson, DWQ Regional Office - Mooresville
File
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f ,`td7
NOV 2 2 2005
F
Rector .. F .. Protect Our State ? CEN
?• ? NCDENR
PLcrth Care:-,na Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net