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HomeMy WebLinkAbout20052113 Ver 1_Complete File_20051123CF vv ? /'E:9 % 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 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper i No One Carolina 1llCUillf Customer Service 1-877-623-6748 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 An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper 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 a _Nvuvaav - a a?v -_- a vl.,vbaaaj.aaa./ --.F I"i r topozone - BELLMEADE RD (SR 1606) ; J{,?fx\ :N+? ? i '?y !` 1: e F . ? li 111 i? i-?r''. ? ? ???..r WHITEWATER PARKWAY A s'` 1{ PHASE 1 600 ' l age +ZV , 17/ I 1 f l r?ly ?, ? r -'l ! t F. ?. 4 WHITEWATER PKWY PHASE _,r t n i? e f! tl•I ? ? i tk1 ? } }.??1 . ? (R? a ??\ 'r ?"f-lea A' } t y ,iy i, k f ?r+' 47 ( f' e. X.651 } r ,, Ott I !. l f./n `. a . Jr ?'l ?/ ,`,yy •` ~'+.J Jy 1 'r..^_?',r/? MOORES CHAPEL (SR 1601) .?.?I ?• ??• y ',, : _ ?l? '.. -_ ., ,_., r°?`??y.:.. _ ? ? A f-,was' a R t ? 1 +8? 'w '--.3T i Rmt Ax, ?,. r ,i., ' ''• ? 'iJ` '??? ..7' - //}//ff??? R + ) 5510 f r+f -_ d_1 . ,t p/?f, ,`. laik f 1-85 EXIT 29 0 0.3 0.611 0.9 1.2 1 1.5 km l 0 0.2 0.4 0.6 0.8 1 mi Map center is 35.27120N, 80.9947°W (WGS84/NAD83) Mountain Island Lake quadrangle Projection is UTM Zone 17 NAD83 Datum J a 2r • G M=-7.013 G=0.003 http://www.topozone.com/print.asp?z=17&n=390: USGS MOUNTAIN ISLAND LAKE }. ,:+L ? ,r/%` it rip ??\? ?? T' f ?' /j ? ?\' ? .....it\ ?ai?) ., •.`?c f ?,•. t F l l! t 1 t l t. t .Wa ? 7 - / ? ?? : v ? r(.a ? +, \ 1 ?? I yf Y.j[{ ? , W i t' ? f) r 1 ?r - - t' J ^??j'_ ?? ?? `•, 11,?'<l{S1 ?(?t.r //?? „4?I1?)%/ 7 ?' ""-'1 ,y,?? Z W J[il ?_ i Y+ f r M1ffj ri.'. •, rl. 1? t} {? 1r x.: i r? ii i? J . ?..? .. f ' r J ! ? fI ^f' r 1 ?` ? l ? :i ?_'tJ :` ( 11F \;, ? ?: (fit `? l .:?,. ? ,?-? _:;e'•.. I ? ? ? ? l ~ ?? 1 ? ` ?-? ?t , ?{?J ? I(r$r/ rl ?? ? ? f+ ? ? 1 a? r ?„ Ir?,? - ? ?.?.. 7? - jig f ?? f?\ '?` \1`t?? i j3 li r ?W, ./ ??? ?- j 1 ` +. /??• /' ? 1. j. \\ 1 ? ? ? , / et ! . l ; 'a ' iN i7 l ? ? f 1 t t. -_._ :s ? At 'rj APPROXIMATE LOCATION - MECK. CTY. AERIAL r°{lam / WHITEWATER PARKWAY _{.. MECKLENBURG COUNTY G 46 Charlotte CIIARL4TTG'DouGLAs mTL AP, f,? +f 1 jl. LOWER LAKE WYLIE PROTECTED WATERSHED e '.r J ? ?5 s5 f,}I? t ty ::: t -^ti5 4_T_ "fffYrr ? 4 P 1,GASTON Charlatta r r r MECKLENBURG COUNTS( GI€ Mecklenburg '4 0 WHITEWATER PARKWAY AND SWIM BUFFERS DIST. AREAS IN POWER LINE - IN 11' er ,??' j. cif :?''• ? ?`` ?...... ?t`???t ? ?? 1? ? .^"'' rf, APPROX. ALIGNMENT WHITEWATER PKWY 11-23 F ?15°? PROGRESS - E 1 -181 1` SPRING ?t (LOC. FLAG, C/L & WIDTHi Y,? p? ?? ? l?? • j ?,? ?_. ,? ? ? ?- ik.,.,r ? Dl- 1 ? `i' ??• A 1 - 461C -57 dj?J PERENNIAL f{? ,./ ?. •? ? ? ?"• ?? .cry PERENNIAL r ff ?re? ?-?"`".. ?a?`l ? ' -'? r'?L _ F• -1 - # ?``? ?i i t` £ t"`.--? ? ?. `-•b. _.. K 1 - 27, J 1 - 9 gINTERMITTENT (UNIMPORTANT),,; ?- (DOES NOT CLO 1 BRAIDED STREAM / r ?'•? • , B -13 fs• . L'D AREAS - IN Q f r PROGRESS. ?r S 1- 4 i Y 1- 2(w) f frr ?, . Pot. NJ ?` y\ t?Jl..-e t\y a • q? ?'? Z 1 - 6 , LOC. IMP. h. • . 1 1nl., 4 ... STREAMS TO PL, * ti BEGIN IMP.STREAM ?• (MAY CONTAIN EXP. T 1 - 3(w) , 6/13, R/P AREAS) 1-7/W1-7/ BEGIN STREAM } ',h Il) If LOC. CL & WIDTH) 40 LOC. PER. STREAM V 1 - 8/ BEGIN STREAMk • • W/ R/P, Exp. B/R TO PL'` BEGI STREA (LOC. CL & WIDTH) ' \. % (LOC. CL & WIDTH) " ., . R 7) - mo K t t? .'r r-? t ? K_, tom" t j I C\s ..•... 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 I el PERENNIAL fps ? t G Y, w tt I ! 's 54 _- DIST. IN POW. LINE R/W - L 1 - 4 -'MAY REQUIRE FURTHER M 1 -4(w) -STUDY/ DELINEATION ?``•+, f 5 ?I L ,ek BEGIN STREAM f ••.(LOC. STREAM TO PL) J ? ' J y fly ? -? - r 4,1y ? ••••.. EPH. CHANNEUGULLY/DITCH 4s ;??49 At 1/ APPROXIMATE MAP - WATERS OF THE U.S. FOR SURVEY AND STUDY PURPOSES ONLY SUBJECT TO DELINEATION AND U.S.A.C.E. VERIFICATION APPROX. ALIGNMENT WHITEWATER PKWY r ? r I r r * = BIORETENTION CELLS U r CL r+ r LU ? r rf J , r z O ?r r a? w r o'? le N U CL Q w N Q LL J r Q U Q Q Z U) d W sn J Q W tY J M ? z V z O U p U Q W H U) Q uj F y WHITEWATER PKWY PHASE 1 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 / ?vezr' CULVERT # 2 ? J g93' Y?? O ? O O vO ? _ :J2 a i1 ,Need eZ3 3 96 CULVERTS STREAM CROSSING #A 149 LF STREAM IMPACTS MITIGATION PROPOSED 1 x'=40' H 610 600 590 2 END WALL ELEVATION STREAM CROSSING #A 149 LF STREAM IMPACTS 1"=40$ H 1 "=4' V 610 590 # 2. SEC; I I UN STREAM CROSSING #A 149. LF STREAM IMPACTS 1"=401 H 1 "=49 V / Jf V ? ?/%IJ i`? t I't t ? 1 ???il l l l I t r Ii 11 ? Hx r I I A 1 ? I it. i III ; I'j?f ? !il ? I I I r r I I . _!I f I ; I (,Iif fji! ?` uliI Ii ! I I I I I ? I ; (I;?( I I(? Ip( ! I I 1 I ? r 1 Il pit I I f ,( n I'f ?(I ?` 'i i ?4 c? ;, I 1 f a I I. r I rlf r I! f' ,- I ? - I r ? If 4 ,, r I LU ? CUL5g1.Od /1N y E f ' '?o I I f ? to 7 f J r ' ' l 1 r (? 1 ?' r y , ESf ,1 a i i`?s, 1 1 I (' l f! V!( i rl t f f!' ? , Ifil?t((i11;(? '? `j.l i f j k ? ! } ? { 1 } i 1 ) C ? ? I ' , f ? f, j ? ? t 11 ?? !Ilf?{'[ 1,}ili.;? +`1 t i i f ?' i'ts`' `? \ ?' , l ? ! 1 iki, r? • :? 1 tl (I((i(1?(i _ ? f i 1 I ! ?? 4 es t \ r /? ?l 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). CULVERT # 4 r 2 -- 48" CULVERTS STREAM CROSSING #B 149 LF STREAM IMPACTS 1"=400 H 10 61C 60C 5901 # 4 ENDWALL ELEVATION STREAM CROSSING #B 149 LF STREAM IMPACTS 1"=40" H 1"=41 V 610 590 # 4 SECTION STREAM CROSSING #B 149 LF STREAM IMPACTS 1"=401 H 1".4f V Normal flow to be directed to one culvert at multiple culvert crossing. A floodpiain 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 CULVERT # 5 3 ,- 60" CULVERTS STREAM CROSSING #C 163 LF STREAM IMPACTS MITIGATION PROPOSED 1"=405 STREAM CROSSING #C 163 LF STREAM IMPACTS 605 595 5751 --- 5 END WALL ELEVATION 1";40, H ._' 1"=41 V 595 585 575 STREAM CROSSING #C 163 LF STREAM IMPACTS 1"=400 H 1 "=4' -V # 5 SECTION 71/ Jill jW4 71?1 \ 11 1 1 (1 j a 00, 0111 ?, III I p ? ? 1) J t.. w I \L I \ ? S / ', f ,fir( ? / ? ...? ` --5:-..._.• 1 1? ? ? ? \ r // nf/. IN. ! I c1b \ ` `. % ` ` \ `.. ?? ` ^ 0 \ Ilk? LA i4 0000 IOZ w r IJ / f - 0 0 00 00 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). cuLvEKi # b r2 CULVERT MITIGATION PROPOSED 1"=401 H STREAM CROSSING #D 173 LF STREAM IMPACTS 625 615 595 # g SECTION ;TS 1"=40' H 1"=411 V 615 595 1"=401 H STREAM CROSSING #D 173 LF STREAM IMPACTS 7"=41 V # 8 ENDWALL ELEVATION 0 z 1 1 N if c ti 1 + 1 0 ? r 1 1 I i 1 ??? jl 1N 1 It , r,T w1 ?a >K N m? O C ? W ei = . ° y?mZ r°U) MJ ?4cO ZOU) z W J° m g 2ALM p F =) c O° Z QOO r . ? R M_ 1 1, ;t ao i J ? a G z Z F K W a F z o z f, , o . ! Lr U L Q ? u o LNL. ri U E C) W j O N •• m u crs to V)? 0 LLJ o-? u ILJ U) O a ft to W o rn v,=C Nz ?o z a a co z ° a 0 N t- W v w d _r>: ? U) ID Qm a r DS o U co U) Z _ Q: N w .s - ?- O N J Z LL. cc a y Go i n N fTi CO U. U O ?`n N a o 0 co Z O TQ.? YJ N cn W v C' 00 H n x j o •- q O U i r V7 m '- Z •Q - W i ? 1 - 0. -- t0 N ? M M ~ m U -H n J o ?a a ?F Z 4 s ? Q J z „Zt op OR p .? E O 0 ? .0 a E ° ; ?5c ° z E° c e a E?aD a V) E 3 E o itE t? m 0 0$ o R.'s I uN 0 0? c o E° to u xchima t-ox aN -WW ?u t-?S$ c. (on au o ° (nCL e? %a v E WC V) 'S a c 0 2 v, E m.4 lb t 0.2 % ? o -e 0 W a c w W °' o c° D a o, ° E We °cc2 °??? ?o OrEn ,? ;.• x 0 o° o m W Z `z C,.) .• ? E ° x x m o ° c m° c??z c aam a U?m ac°n -° °-' c?as ° o? a J.D. o o °Y 8 o o o+' ? o c :?oA C° $. Ego a Eo'?r?v Qd ° ?? o C o °,0?o o? 0 cc°€c !;F.o° o-3ov a n° vm$,°,a° co?o6ao° Sc o Col am ° ti w o5a6cp o ao? o ? Ea "E o $u; E °o °-'m° o.S t ? c ° ass a1- S 0= -w .0:5 b 00%-0 0 :S:R Fag 9, 0 0, d ow- 13 DO a's F ?o?c+•O ?o vc?i cE O1: ° cp y$ac v 65 *2 CL 02 0 W-vo 4 EX r- 00 -0 .0 'a F V 0 °?o 'a >1 E °. o E 0 0 or 0 0.0 o°° ?3 E0'.. ° c- z °nv =°°0?" °?0 a ?°°°o F CGE°???-C °OC? °N Q'Cr ppro•?•=p Z O EO- 30 °OO°1A 0 °®CvYp-°00 E no-.Q: 0 1-i 4 ai ao I.: ad °i m v d 44 o a N !- i U F- 3:Q w win X0 r ZJ V) .^. F-? m O ?--- .d.p z z s im o - E ° < do Q c a ?-a -1 E n; °' ° 3 N d 0 O Y a. O °n-AV?0; mGC3 J m? -Wtnv, ?m E xww W 0 O ow llfG?+Qs W ?y Q O ap N> ?i:t C) o 2 0 ' xQ v ROOMS cif c' x$650 ° a 2 c •-? ME W o o o a R E• 2 v a w' U) vic°na zzz o m v? c 0 o+ .S 3 m °mv a w m °' 0 c a .o»ooc ? ' EE a o w 0 O i^o m CLA ID `O a? E ° ?._ O r 9 +m+ o m ?o Em ac ? 0 ° 0*0 a ' - C E L c mo a '?: CEE'? r c 3; obe ?ooc ,.. ?.k $ o c CO v ;. d E D?oE??c?a 0,10 °: o ° I c LO ,o ?,. 09)o°c to M CPO r .- .- aO c v to v+ ,3 a a&- O C 0 v- .r a a ?. s c.c m vEEEE? c o -W c a taoo o °^??a 2 o P c o3 .& n o>`?da? o3 t°n n.02a a°Nr°n C , v? E E °•° V?..?L..IIL .. L/l.• t.?V Jf LV.. ¦V,1 1. VI?J - 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 .yy ?? os stem lall 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 I %JFvx v"" - 111V T• %u q 1 %J.Fwb CaFL` lv&"F - a ..bv a va a 0 0.3 0.6 0.9 1.2 1.5 km G 0 0.2 0.4 0.6 0.8 1 mi Map center is 35.27120N, 80.9947°W (WGS84/NAD83) Mountain Island Lake quadrangle M=-7.013 Projection is UTM Zone 17 NAD83 Datum G=0.003 http://www.topozone.com/print.asp?z=17&n=390: USGS MOUNTAIN ISLAND LAKE '?? ? ? ? ? I ?If (/ ??? r ?13 ?? ,.r, ?. ?l' r ?(` ?l?r=- ??q . t . `? e . ? 4• ', j ` ( \\\\\\ y ?' ? v ., ? f I , t j \ i I yl J \ C } 1 ?? >?rr ?,r .+ ? ??'? rat t .,? ?,•,? ?' ? O ?1 ? {L! J ? ? ' 4 ? r ? ? ?? ? ?•--,??.+?/j; y*,.t_1.9. ?? ??t"'? ? ? ? ??.? ??i A ?? ? ? , i ?..V ? ?{??, ?? ? } ?} ?' /r, t \ w ! 1A (rrr) a ? ?. ? 3r-` ? / ,1? /?V, , ? ? !1 ? !r ? ? ?f 1??j;r./Z r 1 t ? ?? E? .,' ?? ( ?? ) \ ? ' ? /,r fir / ! / r/??S jy 0 ?+?.;..? ?? 3 I I?i Il+ /:1'.' k- / -?'';? " ??` ?/ } ?? _ It ?_ ?/ _J r ? ?, Itf?rlrr • rt? ? t.. LU 1j ??' f }, ?1 r' =i t 1\ ? ? s ? __ `?9 ? _ ?/J ?.,,?- ?(nV? ' ,?? ?? '? -? - ? K Y` r ?f _? f/ `?,r V t r, ?r /??'? i)r?f r ? ? 'k?4?' `` -.r•';.,?? ,:: \` ? 'C ??? ? C1?, r 1` ! ? ?, ? r i )r? A ?l',-, ? `4.. { A. r. ???tf<1?I,1? !:l ! y I t ? r r ?,?,!.r tI, ``\ ? is ? ft slM 1(? .y. i r! ? F his ,i /7? i l 1 V _:,`r / ? fl( "-r tl / , 1l: ; ? ???;,{I 11. / t? ` ` I ? }'"' ,/r? - {? ( '" )1 • ` r ? ; \ ?? ? l i i / _` !; t? ' `'t,11 :ifJt_ _ ? s ) t) • l ,??? '1 '('( ", c. ?' ?, ., .. q .? ?„ A j v ? V 1 f ?f tt ! ?t ? , i 1 ? . 1 tyr _ ? i , - :•rm ' - tea. ??, ,?? ? '? , f ? r? ?-, ?, • l? , j ?? ? ? ? ? - --' V. -t w4 i .ii ? ? 1J t o ??'. '? APPROXIMATE LOCATION - MECK. CTY. AERIAL o f w ON t - .f j MECKLENBURG COUNTY.,GISA WHITEWATER PARKWAY Charlotte I, , t?lIARLOTTVDOUGLAy 1NTL AP LOWER LAKE WYLIE PROTECTED WATERSHED ten > j 1 t 7; GASTON 1?I1 MECKLENBURi 0 D? .I Chntlotte Mecklenburg "? U WHITEWATER PARKWAY AND SWIM BUFFERS qk? `; t * r APPROX. ALIGNMENT WHITEWATER PKWY DIST. AREAS IN 7. , 1 1 - 23 POWER LINE - IN PROGRESS E 1 -181 1 1'.,15. r SPRING ?LOC. FLAG[{, C/L & WIDTH) _• r¦ E /"A 1 - 461C 1- 5 ti's ;:t r'' ?" ?.,.•?" t PERENNIAL; } rr NNIAL PERE , ;;``•, +/r K 1 -27,J 1- 9 (INTERMITTENT (UNIMPORTANT), 1 .a (DOES NOT CU r? r yr, '° I BRAIDED STREAM % f f r? -- ¦ , , ?y B -13 ( L'D ARE1fS -IN • '1 f ? ?,,...?.,,_,,, e_: PROGRESS „?- 1 $1 - 4-- 1 \\ Y - 2(w) 1 r r Pot NJ \\\..j • -BEGIN IMRSTREAM STREAMS TO PL 1 t ;(MAY CONTAIN EXP. T 1- 3 w B/R, RIP AREAS) `? `••, -. '* 4 , (? I!' -?' 'X 1 - 7 / W 1 - 7 / BEGIN STREAM . Fix Ile LOC. ??C??L & WIDTH) LOC. PER. STREAM V 1- 8/ BEGIN STREAM -.-• •. W/ RIP, Exp. B/R TO PL ,r ? BEGIN STREAM I y (LOC. CL & WIDTH) ^,III (LOC. CL & WIDTH) 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. R P it ? f +? ••?•••••. •• • `i4 DIST. IN POW. LINE RW- ?• ?, 'L - 4 _ 'MAY REQUIRE FURTHER STUDY! DELINEATION M 1 -4(w) ti -, I $ , TREAM - BEGIN, t' X651 v y ,.(LOC. STREAM TO PL) ?.... ` . • • • •.. EPH. CHANNEUGULLY/DITCH ?t {r 3 ? APPROX. ALIGNMENT WHITEWATER PKWY APPROXIMATE MAP - WATERS OF THE U.S. FOR SURVEY AND STUDY PURPOSES ONLY SUBJECT TO DELINEATION AND U.S.A.C.E. VERIFICATION f r ' ? r * = BIORETENTION CELL S boa a ?? U) ' N U Q ,. a en Q LL J r r W ? zo;o LL r U Z a a cn i I f U o?° I Q Z E r W ? N W to ~ I r Ir . J J - ? I w , m Z (7 Z r y N I a ? a ?.. W LL ? y WHITEWA TER PKWY PHASE 1 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 efiusus). PERENNIAL STREAM rg -FL 0 /?7MM V 8t3 y7 1 CULVERT 2 3 - 96" CULVERTS ? STREAM CROSSING #A 149 LF STREAM IMPACTS MITIGATION PROPOSED 1"=401 H 11 610 600 590 2 ENDWALL ELEVATION STREAM CROSSING #A 149 LF STREAM IMPACTS 1"=401 H 1"=41 V 600 # 2. SEC - I I UN STREAM CROSSING #A 14 9. LF STREAM IMPACTS 1"=409 H 1"=41 V 1 f III It '?' / Ili! 111 1 ? f1 ? (1 l l? I 1 I ;I!'I I?I I I ? I1? I I?IlI ``Iill i I I , I ?lljipl jll+ 1 1 I r ` jlll !I f ? If ? h 1 Q f I,,-' Fn- 111 (' ; li! I I 0 - I , uj I, 1CUL T? I H N?!,m -591.°d to ll11 / n V - 1 6- ClJ .. ? III v' / - ?? -i i I I I I I I ( I i f , we 'I'll ijll?s,ll?l ;!1111 i,Il ? '. 1 11 . ? +) I, I I I? i ?, l i ? l 1 1 1 ?, i i l ?i i ?i ` ,,, ,,, •`` ?., ??\ ljj? { f • 1???(Ir?r - l (III ?. lf? CSC ES, i1 C -z - n i %j r _ 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). / rj 1, .. CULVERT # 4 n ? 2 -- 48" CULVERTS STREAM CROSSING #13 149 LF STREAM IMPACTS =4Q' H 0 60C 5901 # 4 EN D WALL ELEVATION STREAM CROSSING #B 149 LF STREAM IMPACTS 1"=401 H 1"=41 V 610 600 590 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 LWDCKIKIIAI L'TOr A&. STREAM CROSSING #C 163 LF STREAM IMPACTS 605 595 TOP OF HEADWALL \ 575 1 # 5 END WALL. ELEVATION 1"=409 H i 1"=41 v i 585 575 STREAM CROSSING #C 163 LF STREAM IMPACTS 1"=40'H 1 "=4' V # 5 SECTION ell" Hill .;???'? t <'? i`? ..?. `: .•- - j ?? f ? ?, if 11/I ? / ( / I ? ?(-... / ? 1, ? .f ? •^ \ \ ` \ \ \ `,` `\ rl N ?'000 00 / ?:. , % ? f } 4 1 1. IN LLI - I \ 1 NI'll 00 000 ?C O 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). CULVEKI # d /2 CULVERT MITIGATION PROPOSED 1"=40'H STREAM CROSSING #D 173 LF STREAM IMPACTS 625 615 605 ;TS 595 # 8 SECTION 1"=405 H 1"=41 v q 615 605 595 1"=400 H STREAM CROSSING #D 173 LF STREAM IMPACTS 1 "_40 V # 8 ENDWALL ELEVATION N 0 l i f 11A / / /f ' ` I ! l 0 v /?'? (II' Ills ? 1 1 1 W ! _ XJ • + o? i cc 1 ? , Colo t 1 1 Irv (!r/ `, 't,a4 ,till 1 \M y r ' ? ? \, `_ . ,`?N ? ?.? lit, v1 c? c 0 N MW O tit I.- 4 al' O w W W? OD ZQ 1- U) ?J O z U) ?< z =2 z ? U) z W _i° z zQ? o F= ?g :?I 000 Z [3.00 M= .} 00 J N Q 0 Z o 0 F Z a • yz F- a U in Q W - D U O In to 17 F- u E CO ol S tLn j O N •• m U'3 U WO W ° ¢ i 11 w O O u ao rn `t to ?i O to z {?1 crO z W to -j $ OM 0 w U et ^ U) to-tn ? i cr- W ( 0 v m O Z m M W .s- O tWl1 O z Ll- CO ? OD 1 ^ ao U) z to M a o CL O co (n to w a. 4' x •- q O U g cn m -- z Til -- a 1 w i0 CL s ? F N ? M) (n V r ? U ? J X ?a OF oo a a Z s O oww M Z. „?t f OF- OR Z_ a E.. E a E m 3 W °Sc v w o p ?o °a. Z 3 Z E p Q p 0 V W 0 .. N =; p O C C t3 E ? .9 Emma ?E? jug 'E°#E E a E CL q v m E a? ° c, E o O E v 16ma,?cnmcA zWW ry0 t-°mS?CLc'nf3ac`? p p : U ? a C ° 0 a. W ,-A- c E C ?a,Z3 a G am a CaO `E O ?E /. •• Z op V E E V a Z V V 0-E 3 V ) 02 ! C 0 7L B, E N a C iU p V 'e Ol Wa oam ?p?Ca Mmm ?2 a??? v °32 W c ?c n? c?v?U a.'o?p?v° EC Ea. `r. p M O a IUD Omcr° m Z Z O C E Y1 p px IUD E C o? P52-3 (n m a _ !-m UP-z a a a . o .? a _ o s° o c a 0 m co ,D ?o ° o - c , ,., tr 0 're O.X r- D= S-.0 tA 0 C?+ C+'L O D p° O :1., C 0 .2 CL v c?v-v €c poiE,oaaCo'0 - a#- s rC0?0?Vp? O? ° °?? o a $ ww °Wf bcr00.°? o?? c., c oiE .cam > 0 .0 a>> 0.6, a 0 ° O a p ° a a i E aa 0 =p ? a? O-C a°v c o°a°r tea., ?i a a paEc?.'= o -0:5 b c o L o o.,? :c? eCm .4 cQ,c o? 004-0 0 o o? v p a c v °t' o o?a v= cW o 0o=oagg..o cO 0 c^?o.?s N 8% 90:p$ CL a -W K -logo a..c '510 9L .X 9 0-80 e 00 02 "a Z Ec N?.[a mo cam Z Como .0 Ca.0 oQ? avo3 ??o c. OCaio 6 c c E v-, W =cam.` N o•c" O? v z pg Ea_3vav°am cw °®cvo-aa0 zmc°? ?mgo E E A.5 CS o• o 4.5o aF-,i E? C r C4 M li to m n 00 W m U C -ii N ci v? c ° m S 3 o V °?sc °o cr S rij m O Cc in tn v ma??o E a m? ° 01 o 0 o?aL? o n. " a .v'" E ° ?Q c0.o OW ' " J Of0 'O p? O rain ; ,o L7 t E •G°° Z? -? O In ?r O p 00 :s ?ar L ! O a? OO LL ,? c b w ~ E N E ao \ °5:a, z z °w .° E w •ro t ° ° t t3Q c o f E` ?;, m mt ??In Q' o 0 o a > > N E Fnoc vc?X6 a ? ?a$ mV! ,^ V N N >- m O m ._I Q ID Q m M lo"? O O` E` ( O t~/f?WWD -in Q 1 1 a?d+O+O??+ i=OMOQ zNC3 O o u? ,A o •• a c g m o 0 0 o m mZ N W m O 73 c S NO •C O'_ E a M- M V' 0 p 0 a" CL a S a S m too -2 0 E C) 0.. OF-M M °n ® mc.0 ? ° go'm o WC o,E?o2O o c?ow,oc ? zz p L p o n'? ? c °'°? ? ? = v?o ° a -?cg O NEEV.°w '? w N Nv`?a z2 N CMXL A- IL °t°nt°n c a 4 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 ,-- 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