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HomeMy WebLinkAbout20061108 Ver 1_COMPLETE FILE_20060707SON W G D / Q ? William G. Ross n1ecre f North Carolina Department of Environment and Natu yl Resources Alan W. Klimek, P.E. Director Division of Water Quality August 2, 2006 DWQ# 06-1108 Mecklenburg County Mr. Chris Daly Childress Klein Properties 301 South College Str. Charlotte, NC 28202 Subject: Falls Tract Development, Charlotte APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Daly: You have our approval, in accordance with the attached conditions and those listed below, to fill 0.01 acre of wetland and impact 386 linear feet (If) of intermittent stream and 10 If of an unnamed perennial tributary to Lake Wylie in order to develop the subject site in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on July 7, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3402, 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 39 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. Nt tltCarol i na NoattrmIly North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: ncwaterquality.org FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper r 3. Deed notifications 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. 4. 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. 5. A final written storm water management plan shall be approved, in writing, by this Office 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 explicitly 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. 6. 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. 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. 7. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 3. 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. 9. Continuing Compliance. The applicant (Childress Klein Properties) 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 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.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 150B 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 704-663-1699 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 Becky Fox, EPA Central Files File Copy Joey Lawler, SM & E 3@[AgWp p D SEP 2 6 2006 VYETL IOS Mo STTOWAYYATER BUM Proj a ct Number: ,20061106 Version: 1 Status: Issued LastActlonDesc: Projectlssued -project Name: (Falls Tract Development "Project Type: (Industrial! Commerclal l Buslness i ProjectDesc: distribution center 'Owner: Daly, Chris Details... *Received From: (Applicant " COEID: ,200830777 'Primary County: Mecklenburg i DOTTIP: - "Admin Region: :Mooresville Received Dt: 0 710 712 0 0 6 Reviewer alan.johnson Issued DI: 0310212006 •SecondaryCounty Statutory Dt: 0 910 512 0 0 6 I CAMA NEW SEPA Received Df DCM Office: SW Plan Received Dt: COE OMce: Neville Regulatory Field Officel 9W Plan Approved DI: Public Notice Published Dt: :L at Updated Sy: laurie.dannison SW Plan Location: Public Notice Received Dt: at Updated On: '0711112006 sewage Dlsposa[ P.N. Comment Period Ends Dl: < Back - Ready Page 111 SID: WPD1 P North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM -- i-7 TO: Cyndi B. Karoly, Supervisor +=? 401 Oversight and Express Permits Unit ''L , X006 NCDWQ Wetlands and StonuAA-ater Branch Al)G /?? Dc";it V!. ;TEtj CU J i,r CFI FROM: Ron Linville, Regional Coordinator / p ?i Habitat Conservation Program DATE: August 3, 2006 SUBJECT: Review of an application for Falls Tract Development, Unnamed Tributary Lake Wylie, DWQ No. 20061108, Mecklenburg County The applicant is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is to develop as 108 acre tract east of Lake Wylie in Mecklenburg County as a distribution center. Substantial truck and trailer traffic and parking will occur. Proposed stream impacts total 396 linear feet of stream. Based on our in-office review, we offer the following comments and recommendations for the project to reduce impacts to aquatic and terrestrial habitats and to provide diminished habitat mitigation: 1. Instead of piping streams, relocating streams using natural channel design methodologies should be thoroughly evaluated. If relocation is a viable option, this strategy should be used. 2. On all remaining or relocated streams, undisturbed forested buffers should be provided/preserved. For waters not supporting listed species, we recommend 50' intermittent and 100' perennial buffers. Irregardless, all remaining jurisdictional waters should be permanently protected with undisturbed buffers and enforceable conservation easements. 3. Stormwatcr management should maintain pre development runoff conditions to the maximum extent practicable. If stormwater ponds will be used, the attached planting recommendations are provided to reduce thermal impacts and to restore some lost aquatic, terrestrial and avian habitats. Autochthonous plants are preferred and recommended. For your information, the Carolina heclsplitter, Lasmigona decorala (NCE, FE) has been found in Six Mile Creek near the South Carolina border. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. E-copy: Amanda Jones, COE-ARO Alan Johnston, DWQ-MRO Mailing Address: Division of Inland Fisheries - 1721 Mail Scrvice Center - Raleigh, NC 27699-1721 Te1ephone: (919) 707-0220 - Fax: (919) 707-0028 Falls Tract Development -Page 2 - August 3, 2006 Piedmont Stormwater Pond and Mine Planting Recommendations Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be considered for lower elevation stormwater ponds and mine sites: Spring/Summer Mixture, May 1 - Sept. 15 Fall/Wintcr Mixture, Sept. 15 - April 30 Browntop millet 20 lbs/a Winter Wheat 120 Ibs/a Kobe lespedeza 20 Ibs/a Kobe lespedeza 201bs/a Shrub lespedeza 1 lb/a Shrub lespcdeza 1 lb/a Switchgrass* 5lb/a Switchgrass* 5lb/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. * When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:1 use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and region. Korean Icspedeza may be appropriate in colder geophysical areas. We do not recommend Scricea lespedcza and prefer not to use Korean or Kobe unless necessary as they are exotic. Native plants and warm season grasses are preferred over exotic plants. Add one of the following to the above mixture: Creeping Red Fescue 5 lbs/acre Ladino Clover** 5 lbs/acre Atlantic Coastal Panic Grass 5 Ibs/acre (PLS) Alfalfa** 5 lbs/acre (requires fertilizer containing Boron) ** Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree growth on a 2-3 year schedule. The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and shrubs (I year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Gum American Holly Dogwood Hickory Sumac White Oak Willow Oak Red Maple** Viburnum Green Ash Ironwood Black Cherry Persimmon Water Oak Spice Bush Willow (sp) Serviceberry Red Oak Swamp Chestnut Silky Dogwood Other species may be utilized depending on site requirements and native plant availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate near detention facility dams. Note: Non-native plants included in this list are routinely considered beneficial and/or agriculturally established non-natives. They have been included as they are readily available commercially and they do not exhibit many of the negative attributes of other non-natives that tend to spread or inhibit native plant propagation and survival. Triage Check Dist Date: 7/11/06 Project Name: - Falls Tract Development DWQ#: 06-1108 County: Mecldenburg Alan Johnson, Mooresville Regional Office To: 60-day Processing Time: 7/07/06 - 9/05/06 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 1-1 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! Q?g Aco?pvff? July 6, 2006 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Ms. Amanda Jones 401 Wetlands Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604-2260 Attention: Ms. Cyndi Karoly Reference: Nationwide Permit No. 39 Falls Tract Development Mecklenburg County, North Carolina S&ME Project No. 1357-05-817C Dear Ms. Jones and Ms. Karoly: S&ME, Inc. (S&ME) is pleased to submit this application for impacts to waters of the U.S., including wetlands, in accordance with U.S. Army Corps of Engineers (USAGE) Nationwide Permit (NWP) No. 39 and North Carolina Division of Water Quality (DWQ) Notification Requirements. S&ME is working on behalf of Childress Klein Properties (Childress Klein), who will be considered the applicant for this permit. Please find enclosed the following: • A completed Pre-Construction Notification (PCN) and Agent Authorization Form; • Figures: Site Vicinity Map (Figure 1); USGS Topographic Map (Figure 2), Existing Conditions Map (Figure 3), Site Plan (Figure 4) and Proposed Impact Detail (Figure 5); • Site Photographs; • Stream Quality Assessment Worksheet; and • A check for $475.00 (DWQ processing fee). 212@[Rougm JUL 0 7 2006 Gc" - WATER QUALITY WETLAN 11 AIM STQRWATER BRANCH S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 / 704.525.3953 / www.smeinc.com Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 PROJECT BACKGROUND For purposes of this permit application, the subject property is referred to as the Falls Tract Development, and is an approximately 108-acre tract consisting of all or portions of Mecklenburg County Tax Parcel ID Nos. 05323101, 05321101, 05323103, 05316116 and 05322123. The property is located north of Wilkinson Boulevard and east of Lake Wylie in Mecklenburg County, North Carolina. Provided below is a list of pertinent information relating to the site and the permit applicant: Applicant: Childress Klein Properties Mailing Address: 301 South College Street Suite 2800 Charlotte, NC 28202 Attn: Mr. Chris Daly Telephone Number: 704.342.9000 Fax Number: 704.342.9039 Address of Project: North of Wilkinson Boulevard and cast of Lake Wylie in Mecklenburg County, North Carolina. Closest Waterway: UT to Lake Wylie River Basin: Catawba County: Mecklenburg Coordinate Location of Site: 35° 14'38"N, 800 59'53"W USGS Quadrangle: Belmont, NC The project is identified as USACE Action ID No. 200630777. The on-site wetlands and streams were delineated by S&ME on November 23, 2005. On April 5, 2006, Ms. Amanda Jones with the USACE verified the delineation by providing a JD Authorization letter and a signed map of the jurisdictional boundaries. Mr. Alan Johnson with DWQ visited the site on March 2, 2006, and confirmed the stream classification calls specified on the aforementioned map. The enclosed PCN and accompanying support materials are being submitted pursuant to the issuance of NWP-39 and State General Water Quality Certification (WQC) 3402. 2 Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 EXISTING SITE CONDITIONS The subject property currently consists primarily of vacant woodland. Portions of the property subject to USACE jurisdiction are limited to four streams and one wetland area. The surrounding area is comprised of a mix of vacant woodland and scattered residential, commercial and industrial development. Joey Lawler of S&ME performed a delineation of the on-site jurisdictional boundaries. The work was conducted utilizing currently accepted methods for wetland determination, as set forth in the 1987 USACE Manual for Identifying and Delineating Wetland Areas. The jurisdictional areas are described in greater detail below. - 1. Stream 1 - This channel extends approximately 2,227 linear feet (10 from its origin in the southeastern portion of the site to its outfall at Stream 3 near the northern property boundary. Approximately 1,841 If of Stream 1 is perennial, while the remaining 386 If is intermittent and aquatically unimportant. A Stream Quality Assessment Worksheet prepared for the intermittent segment of Stream 1 is included as an attachment to this submittal. 2. Stream 2 - Stream 2 originates off-site and adjoins the northern property boundary for approximately 776 If. Stream 2 is classified as perennial for its entire length. 3. Stream 3 - This stream is classified as perennial, and is located along the northern property boundary. Approximately 288 if of Stream 3 is located on the subject property. 4. Stream 4 - This stream is a perennial channel that originates at a spring and flows for approximately 66 If to its outfall at Stream 1. On-site wetlands are limited to one area (Wetland A) that adjoins the intermittent portion of Stream 1, and is less than 0.01 acre in size. Existing vegetation consists of red maple (Acer rubrum) and tulip tree (Liriodendron tulipifera). Herbaceous vegetation includes Christmas fern (Polystichum acrostichoides) and spotted touch-me-not (Impatiens capensis). PROJECT DESCRIPTION The purpose of the proposed impacts to waters of the U.S. is the development of the proposed property as a distribution center that will facilitate the flow and delivery of consumer products. Elements of the proposed development include a warehouse building, a tractor trailer loading and Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 parking area, employee parking lots and access roads. Figure 4 (Site Plan) depicts the proposed project layout. The distribution center is comprised of a single building and support areas located on one centralized area. The size and shape of the facility are required to provide adequate loading, unloading and storage capacity and product processing. The current design must be utilized to achieve the project purpose. The need for the receiving doors, storage and processing areas effectively establishes the linear dimensions of the receiving/processing wing. Exit door requirements, necessitated by the fire code, in addition to the need for storage space, dictate the width of the receiving/processing wing. The trailer parking lot must be large enough to support daily truck traffic, and provide space to park empty trailers and trailers waiting to be unloaded. PROPOSED JURISDICTIONAL IMPACTS The proposed stream and wetland impacts are required to provide an adequate building pad for employee parking lots and a facility access road. Project-wide stream impacts are identified in Table I below: Table 1: On-site Stream Impacts Stream ID Classification Proposed Impact (If) 1 Perennial 10 1 Intermittent 386 Total On-site Stream Impacts: 396 Of the proposed 3961f of stream impacts, approximately 101f are considered perennial, while 3861f are considered intermittent. Total on-site wetland impacts are identified in Table 2 below: Table 2: On-site Wetland Impacts Wetland ID Classification Proposed Impact (acre) A Adjacent 0.01 Total On-site Wetland Impacts: 0.01 4 Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 The proposed impacts identified above are depicted on Figure 5 (Proposed Impact Detail). PROTECTED SPECIES S&ME reviewed the North Carolina Natural Heritage Program (NCNHP) database for listings of protected species with current populations in Mecklenburg County. The purpose of the review was to identify documented occurrences of protected species located within this county. The NCNHP database identified three federally protected plant species (two current and one historic), one federally protected invertebrate species and one federally-protected bird species with a documented population in Mecklenburg County. Listed species and their respective Federal and State status are identified in Table 3. Explanations of Federal and State rankings are included at the end of the table. Table 3: Federally Protected Species with records in Mecklenburg County Species Federal Status State Status Lasinigona decorata - Carolina heelsplitter* (aquatic invertebrate) E E Echinacea laevigata - Smooth coneflower (vascular plant) E E-SC Haliaeetzzs leucocephalus - Bald eagle (bird) T-PD E Helianthus schtiveinitzii - Schweinitz's sunflower (vascular plant) E E Rhus michauxii - Michaux's sumac (vascular plant) E E-SC T = Threatened, E = Endangered, PD = Proposed de-listed, SC = Special Concern *S&ME did not conduct a habitat assessment for this species Please note that the Carolina heelsplitter is an aquatic organism, and that S&ME did not conduct field review for the presence of this species. A habitat assessment was conducted on June 23, 2006 for the four terrestrial species (occurring on land) listed as having populations in Mecklenburg County. A description of these species, and typical habitat associated with each species are provided below. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 Carolina heelsplitter (Lasmigona decorata) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT The Carolina heelsplitter is most often found in small to large streams with shaded banks in a variety of substrates. The shell covering of this mollusk is typically yellowish, greenish brown, and may have greenish brown or black rays. The general shape of the shell is trapezoidal. There are two lateral teeth in the left valve and one in the right valve. In the Catawba River Basin, one small remnant population occurs in Waxhaw Creek. The subject property is located in the Lake Wylie watershed, and is not in the headwaters of Waxhaw Creek. Smooth Coneflower (Echinacea laevigata) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT Smooth coneflower is a perennial herb that generally grows up to 15 feet in height. The stems are smooth and the leaves are sparse. The ray flowers are light pink to purplish, usually drooping, and 2 to 3 inches long. The flower heads are usually solitary. The plant flowers from May through July. The habitat of smooth coneflower is open woods, cedar barrens, roadsides, clear-cuts, dry limestone bluffs, and powerline easements, usually on magnesium- and calcium-rich soils. The preferred sites are characterized by abundant sunlight and little competition in the herbaceous layer. This plant is listed as a current record for Mecklenburg County. The property contains possible suitable habitat for smooth coneflower along tile powerline easement in the western portion of the site. No individuals of smooth coneflower were observed during field review. Accordingly, future development of the property is not expected to impact this species. Bald eagle (Haliaeetus leucocephalus) - federally listed threatened BIOLOGICAL CONCLUSION: NO EFFECT The bald eagle is associated with coasts, rivers, and lakes, usually nesting near large bodies of water where it feeds. Nesting habitat in the Carolinas usually occurs in large pine trees along the edge of large bodies of water. The bald eagle is listed as a current record for Mecklenburg County. The proposed project is not expected to impact large bodies of water in Mecklenburg County, and no areas of potential habitat for this species were observed during field review. Accordingly, future development of the property should not impact the bald eagle or its habitat. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 Schweinitz's sunflower (Helianthus schweinitzii) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT Schweinitz's sunflower is a perennial herb in the aster family that generally grows up to 5 feet in height. This plant has tuberous roots, with each stein attached to a single tuberous root. The stems are scabrous and generally reddish in color. The leaves are soft pubescent below and scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish. Schweinitz's sunflower blooms during the month of September. The habitat of Schweinitz's sunflower is open woods, roadsides, and powerline easements, often on basic soils with bare spots or a gravel component. The preferred sites are characterized by abundant sunlight and little competition in the herbaceous layer. The property contains possible suitable habitat for Schweinitz's sunflower along the powerline easement. No individuals of Schweinitz's sunflower were observed during field review. Accordingly, future development of the property is not expected to impact this species. Michaux's sumac (Rhus michauxii) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT Michaux's sumac is a densely hairy shrub with erect stems growing up to one meter in height. The shrub's compound leaves are narrowly winged at their base, dull on their tops, veiny and slightly hairy on their bottoms. Each leaf is finely toothed on its edges. Flowers are greenish- yellow to white and are 4 to 5 parted. Each plant is unisexual. The plant flowers from April to June; its fruit, a dull red drupe, is produced in October and November. The plant grows in sandy or rocky open woods in association with basic soils. This plant survives best in areas where some form of disturbance has provided an open area. This plant is listed as a historic record for Mecklenburg County, indicating that it has not been observed here in at least the past 20 years; however, a population was reintroduced to Latta Nature Preserve and Shuffletown Prairie, which are owned and maintained by Mecklenburg County's Park and Recreation Department, and located in northern Mecklenburg County. The reintroduction took place on November 13, 2001 (Marek Smith, pers. comm.). The electric transmission line easement and wooded borders were reviewed for the presence of Michaux's sumac. No individuals of Michaux's sumac were observed during field review. Accordingly, future development of the property is not expected to impact this species. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 HISTORIC PROPERTIES With respect to historic properties, S&ME personnel reviewed the National Register of Historic Places, and identified none within the proposed project site. Accordingly, the proposed project should not affect properties listed on the National Register of Historic Places. AVOIDANCE AND MINIMIZATION The proposed project has been designed to avoid impacts that are not necessary to facilitate its economic viability. These avoidance measures resulted in limiting impacts to the on-site perennial stream to 10 If, and project-wide wetland impacts to less than 0.01 acre. Since Stream 1 nearly bisects the subject property, impacts to the upstream, intermittent portion of this stream are unavoidable. S&ME and Childress Klein have worked closely through meetings and correspondence, modifying the project to avoid unnecessary impacts, preserve open space, and to designate a streamside preservation area. During construction, measures will be utilized to limit the impacts identified above. These measures include: 1) the use of siltation barriers and sediment traps; 2) the use of barricades identifying construction limits such that unnecessary removal of mature trees does not occur; 3) regular inspection and maintenance during construction; and 4) pre-construction meetings for the purpose of reviewing the aforementioned measues. Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be required as part of the project specifications witch govern the proper design to meet appropriate turbidity water quality standards. Sediment and erosion control measures placed in waters will be removed and the original grade restored within two months after the Division of Land Resources has released the project. The proposed work should not cause degradation of area water quality, and will not permanently restrict or impede the passage of normal or expected high flows. Efforts will be made to perform the work during periods of no or low flow. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 The design team is familiar with the conditions of WQC 3402. Accordingly, the proposed project has been designed to comply with the conditions specified therein, and construction activities at the site will be conducted in accordance with applicable conditions of the NWP and corresponding 401 WQC. No wastes, spoils, solids or fills will be placed within wetlands, waters or riparian areas beyond the limits of those depicted in this PCN application. MITIGATION The proposed project involves impacting less than 150 If of perennial stream and less than 0.01 acre wetlands. Accordingly, impacts have been avoided and minimized to the extent practicable. Appropriate mitigation for the proposed project includes avoidance and minimization procedures implemented during the design phase of the proposed project. Avoidance measures include largely limiting stream impacts to an intermittent, unimportant portion of stream, and elimination of impacts to remaining on-site streams. We do not anticipate that our client will be required to provide additional compensatory mitigation since avoidance and minimization efforts have been undertaken in the planning process, and total impacts to jurisdictional wetlands and waters of the U.S. are less than the threshold of NWP-39. WATER QUALITY A complete Stormwater Management Permit Application will be submitted to DWQ for the project site. This application will include a completed DWQ Stormwater Management Permit Application Form, completed NCDENR DWQ 401 Wet Detention Basin Worksheets for the basin, an Operations and Maintenance Plan and complete design calculations in accordance with requirements of the 401 Water Quality Certification. These requirements mandate permanent water quality protection for drainage coining off the site. Development of the site will require a concentrated area of impervious surface exceeding 30 percent. Accordingly, as a means of water quality protection, a permanent water quality basin will be installed at the site. The basin will be located east of Stream 1, in the north-central portion of the property. 9 Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 The Site Design Consultant, John R. McAdams, will design the system to collect and treat the stormwater run-off. DWQ Standards will be followed in the design of the water quality basin. Accordingly, the basin will remove pollutants from the stormwater runoff, including suspended solids. In addition, dissolved pollutants, such as nitrates, will also be removed via planted vegetation within the basin. The basin will be designed to discharge the stormwater at the regulated rates dictated by DWQ. CLOSING By copy of this correspondence and completed PCN, we are requesting your acceptance of this permit application. Your timely response to this PCN is appreciated, and if we can provide additional information or answer questions you may have, please feel free to give us a call. Sincerely, S&ME, Inc. Joey awle , S. Natural Res ces Project Manager Lisa J. Bec str in, C.E., C.W.B. Natural Res es Department Manager Senior Reviewer Attachments cc: Mr. Chris Daly, Childress Klein Mr. Alan Johnson, NCDWQ Mooresville Regional Office 10 COMPLETED PCN AND AGENT AUTHORIZATION FORM Office Use Only: Form Version May 2002 01?0a USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA°.) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/A 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: ? N/A 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: ? N/A II. Applicant Information 1. Owner/Applicant Information R12@120WR0 Name: Childress Klein Properties Mailing Address: 301 South College Street JUL 0 7 2006 Suite 2800 DENIM - WATER QUALITY Charlotte, NC 28202 HET1 408At@STORINATERBRAXH Attn: Mr. Chris Daly Telephone Number: 704.342.9000 Fax Number: 704.342.9039 E-mail Address: N/A 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: Joey Lawler, P.W.S. Company Affiliation: S&ME, Inc. Mailing Address: 9751 Southern Pine Boulevard Charlotte, NC 28273 Telephone Number: 704.523.4726 E-mail Address: jlawler@smeinc.com Fax Number: 704.525.3953 Page 1 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: Falls Tract Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 05323101, 05321101, 05323103, 05316116 and 05322123 4. Location: County: Mccldenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take Willdnson Boulevard (Hwy 74) west from Charlotte toward Gastonia. Site is on the north side of Willdnson Boulevard across from Old Dowd Road. 5. Site coordinates, if available (UTM or Lat/Long): 350 14' 38" N, 80° 59' 53" W (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): The project area is approximately 108 acres. 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Lake Wylie 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://l12o.enr.state.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Page 2 of 10 The subject property currently consists primarily of vacant woodland. Portions of the property subject to USACE jurisdiction are limited to four streams and one wetland area. The surrounding area is comprised of a mix of vacant woodland and scattered residential, commercial and industrial development. The following jurisdictional areas are present within the property: Stream 1 - This channel extends approximately 2,227 linear feet (if) from its origin in the southeastern portion of the site to its outfall at Stream 3 near the northern property boundary. Approximately 1,841 if of Stream 1 is perennial, while the remaining 386 if is intermittent and aquatically unimportant. A Stream Quality Worksheet prepared for the intermittent segment of Stream 1 is included. Stream 2 - Stream 2 originates off-site and adjoins the northern property boundary for approximately 776 If. Stream 2 is classified perennial for its entire length. Stream 3 - This stream is classified as perennial, and is located along the northern property boundary. Approximately 288 if of Stream 3 is located on the subject property. Stream 4 - This stream is a perennial channel that originates at a spring and flows for approximately 66 If to its outfall at Stream 1. Wetland A- This wetland adjoins the intermittent portion of Stream 1, and is 95 square feet. Existing vegetation consist of red maple (Ater ruGrum) and tulip tree (Liriodendron tulipifera). Herbaceous vegetation includes Christmas fern (Polystichilin acrostichoules) and spotted touch-me-not (Impatiens capensis). 10. Describe the overall project in detail, including the type of equipment to be used: The portion of the property cast of Stream 1 will be developed as a distribution center. Elements of the proposed development include a warehouse building, a tractor trailer loading and parking area, employee parking lots and access roads. 11. Explain the purpose of the proposed work: The purpose of the proposed impacts to waters of the U.S., including wetlands, is the development of the proposed property as a distribution center that will facilitate the flow and delivery of consumer products. Page 3 of 10 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 project is identified as USACE Action ID No. 200630777. The on-site wetlands and streams were delineated by Joey Lawler with S&ME on November 23, 2005. On April 6, 2006, Ms. Amanda Jones with the USACE verified the delineation by providing a JD Authorization letter and a signed map of the jurisdictional boundaries. Mr. Alan Johnson with DWQ visited the site on March 2, 2006, and confirmed the stream classification calls that are specified on the aforementioned map. 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. We do not anticipate that the proposed project will result in future impacts to jurisdictional areas and will not require additional USACE or DWQ permits. 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: The proposed stream and wetland impacts are required to provide an adequate building pad for construction of a distribution center, including tractor trailer loading and storage areas, employee parlring lots and facility access roads. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Appx. Distance Site ID Type of Impact Impact 100-year Floodplain* to Nearest Stream (linear Type of Wetland (indicate on map) (acres) (yes/no) feet) Wetland A Filling 0.01 No ad'acent Forested * 100-Year floodplains are identified through the Fedeial Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. List the total acreage (estimated) of all existing wetlands on the property: Approximately 0.01 acre of wetlands exist on the site. Total area of wetland impact proposed: 0.01 acre Individually list all intermittent and perennial stream impacts below: Of the proposed 3961f of stream impacts, approximately 10 If are considered perennial, while 386 If are considered intermittent. 3. Individually list stream impacts below: Stream ID Type of Length of Average Width of Perennial or Intermittent? (indicate on map) Impact Impact Stream Name Stream Before (please specify) (10 Impact 1 Filling 386 Stream I 2 feet intermittent 1 Filling 10 Stream 1 3 feet Perennial Cumulative impacts (linear distance in feet) to all streams on site: 396 If 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on ma (acres) bay, ocean, etc.) N/A N/A 0 N/A N/A Page 5 of 10 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 N/A Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It 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. The proposed project has been designed to avoid: impacts that are not necessary to facilitate its economic viability. These avoidance measures restrict project-wide impacts to perennial streams to approximately 10 If, and project-wide wetlands impacts to less than 0.01 acre. S&ME and Childress Klein have worked closely through meetings and correspondence, modifying the project to avoid all but necessary impacts, preserve open space, and to preserve streamside areas. During construction, measures will be utilized to limit the impacts identified above. These measures include: 1) the use of siltation barriers and sediment traps; 2) the use of barricades identifying; construction limits such that unnecessary removal of mature trees does not occur; 3) regular inspection and maintenance during; construction; and 4) pre- construction meetings for the purpose of reviewing the aforementioned measures. Page 6 of 10 Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be required as part of the project specifications governing the proper design to comply with appropriate turbidity water quality standards. Sediment and erosion control measures placed in waters will be removed and the original grade restored within two months after the Division of Land Resources has released the project. The proposed work should not cause degradation of area water quality, and will not permanently restrict or impede the passage of normal or expected high flows. Efforts will be made to perform the work during periods of no or low flow. S&ME provided the applicant and their design team with conditions pursuant to the WQC 3402. Accordingly, the proposed project and construction activities at the site will be conducted in accordance with applicable conditions of the NWP and corresponding 401 WQC. No wastes, spoils, solids or fills will be placed within wetlands, waters or riparian areas beyond the limits of those depicted in this PCN application. VIII. Mitigation DWQ - In accordance with 15A NCAC 2I-1 .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/ncwetIands/strmt,ide.litml. 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 Page 7 of 10 (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. Impacts have been avoided and minimized to the maximum extent practicable. Appropriate mitigation for the proposed project includes avoidance and minimization procedures implemented during the design phase of the proposed project. We do not anticipate that our client will be required to provide additional compensatory mitigation since avoidance and minimization efforts have been undertaken in the planning process, and impacts are limited largely to an intermittent, aquatically-unimportant stream. Impacts to the perennial stream are below the 150 If threshold, and wetland impacts are below the 0.10 acre threshold. 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 tile 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): Not Required Amount of buffer mitigation requested (square feet): Not Required Amount of Riparian wetland mitigation requested (acres): Not Required Amount of Non-riparian wetland mitigation requested (acres): Not Required Amount of Coastal wetland mitigation requested (acres): Not Required IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? 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)? Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A Page 8 of 10 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Yes ? No ® If you answered "yes", provide the following infonnation: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total - * Zone 1 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. The proposed project will fully comply with local ordinances. 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. To protect downstream water quality, Childress Klein plans to implement a stormwater management plan designed to remove 85 percent total suspended soilds (TSS), in accordance with the directive of DWQ. The Stormwater management plan is being designed by John R. McAdams, and will be submitted to DWQ for approval. Page 9 of 10 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The subject property will be connected to existing municipal sewer and water. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 6r6 Applica (Agent's signati rls ig? 4'-t e Date 41 d only i f an authorization letter from the applicant is provided.) Page 10 of 10 LETTER OF AUTHORIZATION TO ACT AS AGENT WITH THE US ARMY CORPS OF ENGINEERS Date: ),-,r 0 (, Yro)ect lntonnation S&ME Project Name: Approximately 105-Acre Site Type of Project: Jurisdictional Wetlands and Waters of the U.S. Delineation Location: Wilkinson Boulevard, Charlotte, North Carolina Property Owner/Representative Information Business Name: Childress Klein Properties Mailing Address: 2800 One Wachovia Center, 301 S. College St. City, State, Zip Code: Charlotte, NC 28202 Telephone No. 704. 343-4311 Contact: Chris Daly Agent Information I Business Name: S&ME, Inc. Street Address: 9751 Southern Pine Boulevard City, State, Zip Code: Charlotte, NC 28273 Telephone No. (704) 523-4726 Contact: Mr. Joey Lawler Authorization: I ?-? / on behalf of (Cont t g iature) A, df= 91'e 16 Fro e hereby authorize (Name of Landowner or epresentative) S&ME, Inc. to act as agent for the above-mentioned project. FIGURES . }I�grav�,�'T•�_ (0 1km'frrli Mouth ly b� Rhyrw At aqy, Hprnsslaad ashr+t 3rpw Ps4r Crook $ rr woad P n9 ,Narlh B�ima►iR d Tpddvlllt Z" Tuckos"ges Rd `{ Belmont crmnrrtan + vn gay w samth Belmont aa"N ro 4 4 � m CAarbifdDaw,�ss z AnfY atr-Pa►rt r�4 a� Dixie v . c; t' 7j_ �� a i ! P a f OVm t -� ?rN15 Menf]11aaf nnm Ine, t h idikv * Approximate Location of Subject Property JUL 0 7 2006 DENR - WATER QUALITY Scale: As Shown SITE VICINITY MAP Figure: Checked by: LJB Falls Tract Development Drawn by: JoL S&ME Mecklenburg County, North Carolina Date: 6-26-06 Project No.: 1357-05-817C -? r_J T, 00 , f ?? t r Nit CIO ?. r . 1 % 6,10 L r ? ? F .4 \. 1 v +? . POW ?? 'mow r ! •--?ilPH rw,.,,r• ? ? 1 ?? ..-{,..r?.? 'rye ?j ? r •,?? f'? ;.;•.yt7 ?.,?1'. ?' Rte' ,0 rte' ?? -. ? [ ''.0 1W6 ?-?-? Feet ?`?° ,.,• ;. . E' ? ;,;'? REFERENCE: USGS Topographic Quadrangle, Belmont, NC (dated 1997) and Charlotte West, NC (dated 1993). THE ABOVE GIS DATA WAS OBTAINED FROM MECKLENBURG COUNTY GEOGRAPHIC INFORMATION SYSTEMS (GIS) LEGEND DEPARTMENT WEB SITE. PLEASE NOTE THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT *r???+d FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. - Subject Property ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON INFORMATION OBTAINED FROM THE ABOVE DATA. AS SHOWN FIGURE DATE: 06.26.06 USGS TOPOGRAPHIC MAP NO. DRAWN BY: PAK *S&ME 2 Falls Tract Development PROJECT NO: WWW.SMEINC.COM Mecklenburg County, North Carolina J 1357-05-817C n kIt, J. `,i #p; Ilf rl mlmd Strh lm 1 Stream 1 + iy LEGEND ''?? ? . REFERENCE: Subject Property THE ABOVE GIS DATA WAS OBTAINED FROM THE MECKLENBURG COUNTY GEOGRAPHIC INFORMATION SYSTEMS (GIS) - Streams DEPARTMENT WEB SITE. PLEASE NOTE THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT F - Wetland FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. `I ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON INFORMATION OBTAINED FROM THE ABOVE DATA. - `? SCALE: AS SHOWN FIGURE DATE: 06-26-06 EXISTING CONDITIONS MAP No. S&ME DRAWN BY: PAK Falls Tract Development 3 PROJECT NO: WWW.SMEINC.COM Mecklenburg County, North Carolina 1357-05-817C I SITE PHOTOGRAPHS 1. I Taken by: JoL Checked by: LJB -*,qqIW&ME Date: 6-27-2006 6: View from powerline easement looking east. Falls Tract Development Charlotte, North Carolina Project No.: 1357-05-817C Photo 5: Looking South down powerline easement. STREAM QUALITY ASSESSMENT WORKSHEET USACE AID # 200630777 DWQ # NA Site # 1 (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET : r Provide the following information for the stream reach under assessment: 1. Applicant's Name: Childress Klein Properties 2. Evaluator's name: 3. Date of Evaluation: 11.23.05 4. Time of Evaluation: 5. Name of stream: Stream 1 7. Approximate drainage area 9. Length of reach evaluated: 11. Site coordinates (if known): < 0.01 sq mile -- 360 feet 8. Stream order: 1st 10. County: ]Mecklenburg IL Subdivision name (if any): NA Latitude: 350 14'38"N Longitude: 800 59' 53"W Method location determined GPS Topo Sheet Ortho (Aerial Photo/G1S Other GIS Other: 13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream(s) location): North of Wilkinson Boulevard and cast of Lake Wylie in Mecklenburg County, North Carolina. 14. Proposed channel work (if any): TBD 15. Recent weather conditions: Dry 16. Site conditions at time of visit: Sunnv, cool 17. Identify any special waterway classification known: Trout Waters Outstanding Resource Waters Section 10 Tidal Waters Essential Fisheries I labitat Nutrient Sensitive Waters Water Supply Watershed 1V (I-IV) YES NO If yes, estimate the water surface area: N/A 20. Does channel appear on USDA Soil Survey: YES NO 18. Is there a pond or lake located upstream of the evaluation point? 19. Does the channel appear on a USGS quad map? YES NO % Residential 21. Estimated watershed land use: - 5 %Commercial 5 %Industrial %Agricultural 80 % Forested 10 % Cleared/Logged % Other 22. Bankfull width: +/-31 23. Bankfull height (from bed to top of bank): 24. Channel slope down center of stream: Flat (0-2%) Gentle (2-4%) `( Moderate (4-10%) Steep (>10%) 25. Channel sinuosity: Straight X Occasional bends Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 38 Comments: heavy sediment impact and areas of erosion. Small but very incised channel. Evaluators Signature: Date: 11.23.05 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. Joey Lawler 11:15 6. River basin: Catawba STREAM QUALITY ASSESSMENT WORKSHEET ECORE GION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 2 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 4 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 4 (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 1 (extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 1 (no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 1 (no flood lain = 0; extensive flood lain = max points) 7 Entrenchment / floodplain access 0-5 0-4 0-2 0 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 acent wetlands = max points) (no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 0 (extensive de osition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 2 (fine, homogenous = 0; large, diverse sizes = max points) , 12 Evidence of channel incision or widening 0-5 0-4 0-5 0 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 1 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 1 (no visible roots = 0; dense roots throughout = max points) to IS Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 4 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 2 (no riffles/ripples or pools = 0; well-developed = max points) E- 17 Habitat complexity 0-6 0-6 0-6 2 (little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 5 (no shading vegetation = 0; continuous canopy = max points) x 19 Substrate embeddedness NA* 0-4 0-4 1 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 2 (no evidence = 0; common, numerous types = max points) >-? 21 Presence of amphibians 0-4 0-4 0-4 2 (no evidence = 0; common, numerous types = max points) O * 22 Presence of fish 0-4 0-4 0-4 0 (no evidence = 0; common, numerous types = max points) p 23 Evidence of wildlife use 0-6 0-5 0-5 1 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 38 , TOTAL SCORE (also enter on first page) *These characteristics are not assessed in coastal streams g0 ac"? N F? o1 108 July 6, 2006 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Ms. Amanda Jones 401 Wetlands Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604-2260 Attention: Ms. Cyndi Karoly Reference: Nationwide Permit No. 39 Falls Tract Development Mecklenburg County, North Carolina S&ME Project No. 1357-05-817C Dear Ms. Jones and Ms. Karoly: S&ME, Inc. (S&ME) is pleased to submit this application for impacts to waters of the U.S., including wetlands, in accordance with U.S. Army Corps of Engineers (USACE) Nationwide Permit (NWP) No. 39 and North Carolina Division of Water Quality (DWQ) Notification Requirements. S&ME is working on behalf of Childress Klein Properties (Childress Klein), who will be considered the applicant for this permit. Please find enclosed the following: • A completed Pre-Construction Notification (PCN) and Agent Authorization Form; • Figures: Site Vicinity Map (Figure 1); USGS Topographic Map (Figure 2), Existing Conditions Map (Figure 3), Site Plan (Figure 4) and Proposed Impact Detail (Figure 5); • Site Photographs; • Stream Quality Assessment Worksheet; and • A check for $475.00 (DWQ processing fee). pJUL o 7 zoos UENR - WATER QUALITY VYEWDS AND STORE (WATER BRANCH S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 IF 704.525.3953 / www.smeinc.com Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 PROJECT BACKGROUND For purposes of this permit application, the subject property is referred to as the Falls Tract Development, and is an approximately 108-acre tract consisting of all or portions of Mecklenburg; County Tax Parcel ID Nos. 05323101, 05321101, 05323103, 05316116 and 05322123. The property is located north of Wilkinson Boulevard and cast of Lake Wylie in Mecklenburg County, North Carolina. Provided below is a list of pertinent information relating to the site and the permit applicant: Applicant: Childress I(lein Properties Mailing Address: 301 South College Street Suite 2800 Charlotte, NC 28202 Attn: Mr. Chris Daly Telephone Number: 704.342.9000 Fax Number: 704.342.9039 Address of Project: North of Wilkinson Boulevard and east of Lake Wylie in Mecklenburg; County, North Carolina. Closest Waterway: UT to Lake Wylie River Basin: Catawba County: Mecklenburg; Coordinate Location of Site: 35° 14'38"N, 80° 59'53"W USGS Quadrangle: Belmont, NC The project is identified as USACE Action ID No. 200630777. The on-site wetlands and streams were delineated by S&ME on November 23, 2005. On April 5, 2006, Ms. Amanda Jones with the USACE verified the delineation by providing a JD Authorization letter and a signed map of the jurisdictional boundaries. Mr. Alan Johnson with DWQ visited the site on March 2, 2006, and confirmed the stream classification calls specified on the aforementioned map. The enclosed PCN and accompanying support materials are being submitted pursuant to the issuance of NWP-39 and State General Water Quality Certification (WQC) 3402. 2 Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 EXISTING SITE CONDITIONS The subject property currently consists primarily of vacant woodland. Portions of the property subject to USACE jurisdiction are limited to four streams and one wetland area. The surrounding; area is comprised of a mix of vacant woodland and scattered residential, commercial and industrial development. Joey Lawler of S&ME performed a delineation of the on-site jurisdictional boundaries. The work was conducted utilizing; currently accepted methods for wetland determination, as set forth in the 1987 USACE Manual for Identifying and Delineating Wetland Areas. The jurisdictional areas are described in greater detail below. 1. Stream 1 - This channel extends approximately 2,227 linear feet (If) from its origin in the southeastern portion of the site to its outfall at Stream 3 near the northern property boundary. Approximately 1,841 If of Stream 1 is perennial, while the remaining 386 If is intermittent and aquatically unimportant. A Stream Quality Assessment Worksheet prepared for the intermittent segment of Stream 1 is included as an attachment to this submittal. 2. Stream 2 - Stream 2 originates off-site and adjoins the northern property boundary for approximately 776 If. Stream 2 is classified as perennial for its entire length. 3. Stream 3 - This stream is classified as perennial, and is located along the northern property boundary. Approximately 288 If of Stream 3 is located on the subject property. 4. Stream 4 - This stream is a perennial channel that originates at a spring and flows for approximately 66 if to its outfall at Stream 1. On-site wetlands are limited to one area (Wetland A) that adjoins the intermittent portion of Stream 1, and is less than 0.01 acre in size. Existing vegetation consists of red maple (Acer rubrum) and tulip tree (Liriodendron ttdipifera). Herbaceous vegetation includes Christmas fern (Polystichum acrostichoides) and spotted touch-me-not (Impatiens capensis). PROJECT DESCRIPTION The purpose of the proposed impacts to waters of the U.S. is the development of the proposed property as a distribution center that will facilitate the flow and delivery of consumer products. Elements of the proposed development include a warehouse building, a tractor trailer loading and Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Palls Tract Development July 6, 2006 parking area, employee parking lots and access roads. Figure 4 (Site Plan) depicts the proposed project layout. The distribution center is comprised of a single building and support areas located on one centralized area. The size and shape of the facility are required to provide adequate loading, unloading and storage capacity and product processing. The current design must be utilized to achieve the project purpose. The need for the receiving doors, storage and processing areas effectively establishes the linear dimensions of the receiving/processing wing. Exit door requirements, necessitated by the fire code, in addition to the need for storage space, dictate the width of the receiving/processing wing. The trailer parking lot must be large enough to support daily truck traffic, and provide space to park empty trailers and trailers waiting to be unloaded. PROPOSED JURISDICTIONAL IMPACTS The proposed stream and wetland impacts are required to provide an adequate building pad for employee parking lots and a facility access road. Project-wide stream impacts are identified in Table 1 below: Table 1: On-site Stream Impacts Stream ID Classification Proposed Impact (If) I Perennial 10 I Intermittent 386 Total On-site Stream Impacts: 396 Of the proposed 3961f of stream impacts, approximately 10 if are considered perennial, while 386 If are considered intermittent. Total on-site wetland impacts are identified in Table 2 below: Table 2: On-site Wetland Impacts Wetland ID Classification Proposed Impact (acre) A Adjacent 0.01 Total On-site Wetland Impacts: 0.01 4 Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 The proposed impacts identified above are depicted on Figure 5 (Proposed Impact Detail). PROTECTED SPECIES S&ME reviewed the North Carolina Natural Heritage Program (NCNHP) database for listings of protected species with current populations in Mecklenburg County. The purpose of the review was to identify documented occurrences of protected species located within this county. The NCNHP database identified three federally protected plant species (two current and one historic), one federally protected invertebrate species and one federally-protected bird species with a documented population in Mecklenburg County. Listed species and their respective Federal and State status are identified in Table 3. Explanations of Federal and State rankings are included at the end of the table. Table 3: Federally Protected Species with records in Mecklenburg County Species Federal Status State Status Lasmigona decorala - Carolina heelsplitter* (aquatic invertebrate) E E Echinacea laevigala - Smooth coneflower (vascular plant) E E-SC Haliaeetus leucocephalus - Bald eagle (bird) T-PD E Helianthus schtiveinilzii - Schweinitz's sunflower (vascular plant) E E Rhus michauxii - Michaux's sumac (vascular plant) E E-SC T = Threatened, E = Endangered, PD = Proposed de-listed, SC = Special Concern *S&ME did not conduct a habitat assessment for this species Please note that the Carolina heelsplitter is an aquatic organism, and that S&ME did not conduct field review for the presence of this species. A habitat assessment was conducted on June 23, 2006 for the four terrestrial species (occurring on land) listed as having populations in Mecklenburg County. A description of these species, and typical habitat associated with each species are provided below. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 Carolina heelsplitter (Lasmigona decorata) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT The Carolina heelsplitter is most often found in small to large streams with shaded banks in a variety of substrates. The shell covering of this mollusk is typically yellowish, greenish brown, and may have greenish brown or black rays. The general shape of the shell is trapezoidal. There are two lateral teeth in the left valve and one in the right valve. In the Catawba River Basin, one small remnant population occurs in Waxhaw Creek. The subject property is located in the Lake Wylie watershed, and is not in the headwaters of Waxhaw Creek. Smooth Coneflower (Echinacea laevigata) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT Smooth Coneflower is a perennial herb that generally grows up to 15 feet in height. The stems are smooth and the leaves are sparse. The ray flowers are light pink to purplish, usually drooping, and 2 to 3 inches long. The flower heads are usually solitary. The plant flowers from May through July. The habitat of smooth coneflower is open woods, cedar barrens, roadsides, clear-cuts, dry limestone bluffs, and powerline casements, usually on magnesium- and calcium-rich soils. The preferred sites are characterized by abundant sunlight and little competition in the herbaceous layer. This plant is listed as a current record for Mecklenburg County. The property contains possible suitable habitat for smooth coneflower along the powerline easement in the western portion of the site. No individuals of smooth coneflower were observed during field review. Accordingly, future development of the property is not expected to impact this species. Bald eagle (Haliaeetus leucocephalus) - federally listed threatened BIOLOGICAL CONCLUSION: NO EFFECT The bald eagle is associated with coasts, rivers, and lakes, usually nesting near large bodies of water where it feeds. Nesting habitat in the Carolinas usually occurs in large pine trees along the edge of large bodies of water. The bald eagle is.listed as a current record for Mecklenburg County. The proposed project is not expected to impact large bodies of water in Mecklenburg County, and no areas of potential habitat for this species were observed during field review. Accordingly, future development of the property should not impact the bald eagle or its habitat. 6 Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 Schweinitz's sunflower (Helianthus schweinitzii) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT Schweinitz's sunflower is a perennial herb in the aster family that generally grows up to 5 feet in height. This plant has tuberous roots, with each stem attached to a single tuberous root. The stems are scabrous and generally reddish in color. The leaves are soft pubescent below and scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish. Schweinitz's sunflower blooms during the month of September. The habitat of Schweinitz's sunflower is open woods, roadsides, and powerline casements, often on basic soils with bare spots or a gravel component. The preferred sites are characterized by abundant sunlight and little competition in the herbaceous layer. The property contains possible suitable habitat for Schweinitz's sunflower along the powerline easement. No individuals of Schweinitz's sunflower were observed during field review. Accordingly, future development of the property is not expected to impact this species. Michaux's sumac (Rhus michauxii) - federally listed endangered BIOLOGICAL CONCLUSION: NO EFFECT Michaux's sumac is a densely hairy shrub with erect stems growing up to one meter in height. The shrub's compound leaves are narrowly winged at their base, dull on their tops, veiny and slightly hairy on their bottoms. Each leaf is finely toothed on its edges. Flowers are greenish- yellow to white and are 4 to 5 parted. Each plant is unisexual. The plant flowers from April to June; its fruit, a dull red drupe, is produced in October and November. The plant grows in sandy or rocky open woods in association with basic soils. This plant survives best in areas where some form of disturbance has provided an open area. This plant is listed as a historic record for Mecklenburg County, indicating that it has not been observed here in at least the past 20 years; however, a population was reintroduced to Latta Nature Preserve and Shuffletown Prairie, which are owned and maintained by Mecklenburg County's Park and Recreation Department, and located in northern Mecklenburg County. The reintroduction took place on November 13, 2001 (Marek Smith, pers. comm.). The electric transmission line easement and wooded borders were reviewed for the presence of Michaux's sumac. No individuals of Michaux's sumac were observed during field review. Accordingly, future development of the property is not expected to impact this species. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 HISTORIC PROPERTIES With respect to historic properties, S&ME personnel reviewed the National Register of Historic Places, and identified none within the proposed project site. Accordingly, the proposed project should not affect properties listed on the National Register of Historic Places. AVOIDANCE AND MINIMIZATION The proposed project has been designed to avoid impacts that are not necessary to facilitate its economic viability. These avoidance measures resulted in limiting impacts to the on-site perennial stream to 10 If, and project-wide wetland impacts to less than 0.01 acre. Since Stream 1 nearly bisects the subject property, impacts to the upstream, intermittent portion of this stream are unavoidable. S&ME and Childress Klein have worked closely through meetings and correspondence, modifying the project to avoid unnecessary impacts, preserve open space, and to designate a streamside preservation area. During construction, measures will be utilized to limit the impacts identified above. These measures include: 1) the use of siltation barriers and sediment traps; 2) the use of barricades identifying construction limits such that unnecessary removal of mature trees does not occur; 3) regular inspection and maintenance during construction; and 4) pre-construction meetings for the purpose of reviewing the aforementioned measues. Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be required as part of the project specifications witch govern the proper design to meet appropriate turbidity water quality standards. Sediment and erosion control measures placed in waters will be removed and the original grade restored within two months after the Division of Land Resources has released the project. The proposed work should not cause degradation of area water quality, and will not permanently restrict or impede the passage of normal or expected high flows. Efforts will be made to perform the work during periods of no or low flow. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 The design team is familiar with the conditions of WQC 3402. Accordingly, the proposed project has been designed to comply with the conditions specified therein, and construction activities at the site will be conducted in accordance with applicable conditions of the NWP and corresponding 401 WQC. No wastes, spoils, solids or fills will be placed within wetlands, waters or riparian areas beyond the limits of those depicted in this PCN application. MITIGATION The proposed project involves impacting less than 1501f of perennial stream and less than 0.01 acre wetlands. Accordingly, impacts have been avoided and minimized to the extent practicable. Appropriate mitigation for the proposed project includes avoidance and minimization procedures implemented during the design phase of the proposed project. Avoidance measures include largely limiting stream impacts to an intermittent, unimportant portion of stream, and elimination of impacts to remaining on-site streams. We do not anticipate that our client will be required to provide additional compensatory mitigation since avoidance and minimization efforts have been undertaken in the planning process, and total impacts to jurisdictional wetlands and waters of the U.S. are less than the threshold of NWP-39. WATER QUALITY A complete Stormwater Management Permit Application will be submitted to DWQ for the project site. This application will include a completed DWQ Stormwater Management Permit Application Form, completed NCDENR DWQ 401 Wet Detention Basin Worksheets for the basin, an Operations and Maintenance Plan and complete design calculations in accordance with requirements of the 401 Water Quality Certification. These requirements mandate permanent water quality protection for drainage coming off the site. Development of the site will require a concentrated area of impervious surface exceeding 30 percent. Accordingly, as a means of water quality protection, a permanent water quality basin will be installed at the site. The basin will be located cast of Stream 1, in the north-central portion of the property. Nationwide Permit No. 39 S&ME Project Number 1357-05-817C Falls Tract Development July 6, 2006 The Site Design Consultant, John R. McAdams, will design the system to collect and treat the stormwater run-off. DWQ Standards will be followed in the design of the water quality basin. Accordingly, the basin will remove pollutants from the stormwater runoff, including suspended solids. In addition, dissolved pollutants, such as nitrates, will also be removed via planted vegetation within the basin. The basin will be designed to discharge the stormwater at the regulated rates dictated by DWQ. CLOSING By copy of this correspondence and completed PCN, we are requesting your acceptance of this permit application. Your timely response to this PCN is appreciated, and if we can provide additional information or answer questions you may have, please feel free to give us a call. Sincerely, S&11M1, Inc. oe a.1 S. Natural Res rces Project Manager Lisa J. Beck tro , C.E., C.W.B. Natural Resources Ddpartment Manager Senior Reviewer Attachments cc: Mr. Chris Daly, Childress Klein Mr. Alan Johnson, NCDWQ Mooresville Regional Office 10 COMPLETED PCN AND AGENT AUTHORIZATION FORM Office Use Only: Form Version May 2002 J USACE Action ID No. DWQ No. (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: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/A 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: ? N/A 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: ? N/A II. Applicant Information Owner/Applicant Information Name: Childress Klein Properties LI VV D T Marling Address: 301 South College Street Suite 2800 JUL 0 7 2006 Charlotte, NC 28202 DENR-WATER QUALITY Attn: Mr. Chris Daly WETLANDS AND STORMWATER BRANCH Telephone Number: 704.342.9000 Fax Number: 704.342.9039 E-mail Address: N/A 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: Joey Lawler, P.W.S. Company Affiliation: S&ME, Inc. Mailing Address: 9751 Southern Pine Boulevard Charlotte, NC 28273 Telephone Number: 704.523.4726 E-mail Address: jlawler@smeine.com Fax Number: 704.525.3953 Page I 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 1 l 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: Falls Tract Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 05323101, 05321101, 05323103, 05316116 and 05322123 4. Location: County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Take Willnson Boulevard (Hwy 74) west from Charlotte toward Gastonia. Site is on the north side of Wilkinson Boulevard across from Old Dowd Road. 5. Site coordinates, if available (UTM or Lat/Long): 351 14'38" N, 80° 59' 53" W (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): The project area is approximately 108 acres. 7. Nearest body of water (stream/river/sound/ocean/lake): UT to Lake Wylie 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 httl2:Hh2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Page 2 of 10 The subject property currently consists primarily of vacant woodland. Portions of the property subject to USACE jurisdiction are limited to four streams and one wetland area. The surrounding area is comprised of a mix of vacant woodland and scattered residential, commercial and industrial development. The following jurisdictional areas are present within the property: Stream 1 - This channel extends approximately 2,227 linear feet (If) from its origin in the southeastern portion of the site to its outfall at Stream 3 near the northern property boundary. Approximately 1,841 if of Stream 1 is perennial, while the remaining 386 If is intermittent and aquatically unimportant. A Stream Quality Worksheet prepared for the intermittent segment of Stream 1 is included. Stream 2 - Stream 2 originates off-site and adjoins the northern property bomidary for approximately 776 If. Stream 2 is classified perennial for its entire length. Stream 3 - This stream is classified as perennial, and is located along the northern property boundary. Approximately 288 If of Stream 3 is located on the subject property. Stream 4 - This stream is a perennial channel that originates at a spring and flows for approximately 66 If to its outfall at Stream 1. Wetland A- This wetland adjoins the intermittent portion of Stream 1, and is 95 square feet. Existing vegetation consist of red maple (Ater rerbrum) and tulip tree (Liriodendron tulipifera). Herbaceous vegetation includes Christmas fern (Polystich«m acrostichoides) and spotted touch-me-not (Impatiens capensis). 10. Describe the overall project in detail, including the type of equipment to be used: The portion of the property cast of Stream 1 will be developed as a distribution center. Elements of the proposed development include a warehouse building, a tractor trailer loading and parldng area, employee parking lots and access roads. 11. Explain the purpose of the proposed work: The purpose of the proposed impacts to waters of the U.S., including wetlands, is the development of the proposed property as a distribution center that will facilitate the flow and delivery of consumer products. Page 3 of 10 IV. Prior Project History If jurisdictional determinations and/or pen-nits 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 project is identified as USACE Action ID No. 200630777. The on-site wetlands and streams were delineated by Joey Lawler with S&ME on November 23, 2005. On April 6, 2006, Ms. Amanda Jones with the USAGE verified the delineation by providing a JD Authorization letter and a signed map of the jurisdictional boundaries. Mr. Alan Johnson with DWQ visited the site on March 2, 2006, and confirmed the stream classification calls that are specified on the aforementioned map. 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. We do not anticipate that the proposed project will result in future impacts to jurisdictional areas and will not require additional USACE or DWQ permits. 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: The proposed stream and wetland impacts are required to provide an adequate building pad for construction of a distribution center, including tractor trailer loading and storage areas, employee parking lots and facility access roads. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Appx. Distance Site ID Type of Impact Impact 100-year Floodplain* to Nearest Stream (linear Type of Wetland (indicate on map) (acres) (yes/no) feet) Wetland A Filling 0.01 No adjacent Forested * 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local Floodplain maps. List the total acreage (estimated) of all existing wetlands on the property: Approximately 0.01 acre of wetlands exist on the site. Total area of wetland impact proposed: 0.01 acre Individually list all intermittent and perennial stream impacts below: Of the proposed 396 if of stream impacts, approximately 10 if are considered perennial, while 386 if are considered intermittent. 3. Individually list stream impacts below: Stream ID Type of Length of Average Width of Perennial or Intermittent? (indicate on map) Impact Impact Stream Name Stream Before (please specify) (10 Impact 1 Filling 386 Stream 1 2 feet Intermittent 1 Filling 10 Stream 1 3 feet Perennial Cumulative impacts (linear distance in feet) to all streams on site: 396 If 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Area of Name Wat Type of Waterbody Site Number Type of Impact* Impact ) (if applicable) (lake, pond, estuary, sound, (indicate on ma (acres) bay, ocean, etc. N/A N/A 0 N/A . N/A Page 5 of 10 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 N/A Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It 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. The proposed project has been designed to avoid impacts that are not necessary to facilitate its economic viability. These avoidance measures restrict project-wide impacts to perennial streams to approximately 101f, and project-wide wetlands impacts to less than 0.01 acre. S&ME and Childress Klein have worked closely through meetings and correspondence, modifying the project to avoid all but necessary impacts, preserve open space, and to preserve streamside areas. During construction, measures will be utilized to limit the impacts identified above. These measures include: 1) the use of siltation barriers and sediment traps; 2) the use of barricades identifying; construction limits such that unnecessary removal of mature trees does not occur; 3) regular inspection and maintenance during; construction; and 4) pre- construction meetings for the purpose of reviewing the aforementioned measures. Page 6 of 10 Appropriate sediment and erosion control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be required as part of the project specifications governing the proper design to comply with appropriate turbidity water quality standards. Sediment and erosion control measures placed in waters will be removed and the original grade restored within two months after the Division of Land Resources has released the project. The proposed work should not cause degradation of area water quality, and will not permanently restrict or impede the passage of normal or expected high flows. Efforts will be made to perform the work during periods of no or low flow. S&ME provided the applicant and their design team with conditions pursuant to the WQC 3402. Accordingly, the proposed project and construction activities at the site will be conducted in accordance with applicable conditions of the NWP and corresponding 401 WQC. No wastes, spoils, solids or fills will be placed within wetlands, waters or riparian areas beyond the limits of those depicted in this PCN application. 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/ncwetIands/strmgide.litm1. 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 Page 7 of 10 (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. Impacts have been avoided and minimized to the maximum extent practicable. Appropriate mitigation for the proposed project includes avoidance and minimization procedures implemented during the design phase of the proposed project. We do not anticipate that our client will be required to provide additional compensatory mitigation since avoidance and minimization efforts have been undertaken in the planning process, and impacts are limited largely to an intermittent, aquatically-unimportant stream. Impacts to the perennial stream are below the 150 if threshold, and wetland impacts are below the 0.10 acre threshold. 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/wm/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): Not Required Amount of buffer mitigation requested (square feet): Not Required Amount of Riparian wetland mitigation requested (acres): Not Required Amount of Non-riparian wetland mitigation requested (acres): Not Required Amount of Coastal wetland mitigation requested (acres): Not Required IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? 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)? Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A Page 8 of 10 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 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* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone I extends out 30 feet perpendicular lrom 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. The proposed project will fully comply with local ordinances. 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. To protect downstream water quality, Childress Klein plans to implement a stormwater management plan designed to remove 85 percent total suspended soilds (TSS), in accordance with the directive of DWQ. The stormwater management plan is being designed by John R. McAdams, and will be submitted to DWQ for approval. Page 9 of 10 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The subject property will be connected to existing municipal sewer and water. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applican A ,, ' 81'gn (Agent's signature is valid only i 76, D6-2 Date authorization letter from the applicant is provided.) Page 10 of 10 LETTER OF AUTHORIZATION TO ACT AS AGENT WITH THE US AMMY CORPS OF ENGINEERS Date: )z" 061 r1VJGGl 111LVL111a11U11 S&ME Project Name: Approximately 105-Acre Site Type of Project: Jurisdictional Wetlands and Waters of the U.S. Delineation Location: Wilkinson Boulevard, Charlotte, North Carolina Property Owner/Representative Information Business Name: Childress Klein Properties Mailing Address: 2800 One Wachovia Center, 301 S. College St. City, State, Zip Code: Charlotte, NC 28202 Telephone No. 704. 343-4311 Contact: Chris Daly Agent Information Business Name: I Street Address: City, State, Zip Code: Telephone No. Contact: S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273 (704) 523-4726 Mr. Joey Lawler Authorization: I r:3? 424 on behalf of (Cont t ature) C ojlf r& Oy tri 1 0 , l hereby authorize (Name of Landowner or epresentative) S&ME, Inc. to act as agent for the above-mentioned project. FIGURES D JUL 0 7 2006 VSj . WATER QUALITY WETLgMps SrUWATen BRANCH MAP VLSI .,. j D?1m Mount Molly 4* G` Pyroe S co oclye _ a ? Hulchlnson ?? , ???+ t : 0 4' °ee l? Homestead 1910, t? _ Ooshea Grove m a Paw Springwaod?, oNorth Belmont p y - t Creek Taddvill+ Ofaoo? I McAdenwllle WrU)s" $Md 0erowa'Town ,F 1. - G r, West Cramertan Bphnant l1? ?? TLIckaseegoe Rd ?sc"Modon ?? ?cn y On WVd -?, South Belmont ?? m - Qom 0: e u -k cq D C' 1.. ._,-r ? m CriarloMNDow?lss s -- y j' z WV Ai port o, DlxW aril 8ra'M' $'Nd ??. ''k 2005 Ma Ques#,com Ina 02005 NAVTL4 Approximate Location of Subject Property Scale: As Shown SITE VICINITY MAP Figure: Checked by: LJB Falls Tract Development Drawn by: JoL S&ME Mecklenburg County, North Carolina _r 1 Date: 6-26-06 Project No.: 1357-05-817C i i \,, 16.1 Sri ? ? I {tit ???.-- • _ ?, ?:. ?` ^.. ?`?, 1 or ULM" -r 4W 1t'' 1 60 REFERENCE: USGS Topographic Quadrangle, Belmont, NC (dated 1997) and Charlotte West, NC (dated 1993). THE ABOVE GIS DATA WAS OBTAINED FROM MECKLENBURG COUNTY GEOGRAPHIC INFORMATION SYSTEMS (GIS) LEGEND ? DEPARTMENT WEB SITE. PLEASE NOTE THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. Subject Property ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON INFORMATION OBTAINED FROM THE ABOVE DATA. AS SHOWN FIGURE DATE: USGS TOPOGRAPHIC MAP NO. 06-26-06 DRAWN BY: #S&ME Falls Tract Development Z PROJECT NO: PAK 1357-05-817C WWW.SMEINC.COM Mecklenburg County, North Carolina NOTE: AREAS IDENTIFIED AS WATERS OF THE U .S. WERE DELINEATED BY S&ME ON 11-23-05 AND VERIFIED BY THE USACE ON 04-05-06. .° r s 4.. kh Z • ti 4.` +? 1 ,sj yJl ;,1 :9 R jF' ? L t 40 fj tf `` I Y 1 F'eronalnl :;l; e. u?; 1 Agk? 9 ]? ? ? y#f !" 5 Pi i i i I .. Intermittent Stream 1 , s i . ..gg t „ 1, ac. 5yt, ' 4 X ? - • it A+ ? ? ? y t < ~,? ? ? 4j`? LEGEND .all,.. • w;- ?'. REFERENCE: Subject Property THE ABOVE GIS DATA WAS OBTAINED FROM THE MECKLENBURG COUNTY GEOGRAPHIC INFORMATION SYSTEMS (GIS) - Streams DEPARTMENT WEB SITE. PLEASE NOTE THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT ?;? -Wetland ,. FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. SBME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON INFORMATION OBTAINED FROM THE ABOVE DATA. SCALE: AS SHOWN FIGURE DATE: 06-26-06 #S&ME EXISTING CONDITIONS MAP NO. DRAWN BY: PAK 3 Falls Tract Development PROJECT NO: WWW.SMEINC.COM Mecklenburg County, North Carolina 1357-05-817C 1 i 0 o ? ? x v 0 4011111Z Boil ?4 . a$ ?? Apr J III C) o i . SITE PLAN Falls Tract Development Mecklenburg County, North Carolina C:) ;E 3 ?I .... 59 Z ? .c •r N O O 07 SCALE: AS SHOWN DATE: 06-29-2006 S&ME PROJECT NO. DRAWN BY: 1357-05-817C PAK W W W.GMEINC.COM CHECKED BY: 289 8 = X o- z� C7 a CIO y + O i A C� M N H DQ QQ 9 �a d� aITI 9 C � o C� c o _ d b zd rot �o a� °z PROPOSED IMPACT DETAIL m Falls Tract Development Mecklenburg County, North Carolina v *S&ME W W W.SMEINC.COM A00 SCALE: PROJECT NO. 1357-05-817C DATE: 06-26-06 )RAWN BY: PAK SITE PHOTOGRAPHS a, ai . Taken by: JoL Checked by: LJB Date: 6-27-2006 4: View of Stream 3. 6: View from powerline easement looking east. SITE PHOTOGRAPHS Falls Tract Development Charlotte, North Carolina Project No.: 1357-05-817C Photo 5: Looking South down powerline easement. STREAM QUALITY ASSESSMENT WORKSHEET USACE AID # 200630777 DWQ # NA Site # 1 (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET ` Provide the following information for the stream reach under assessment: 1. Applicant's Name: Childress Klein Properties 2. Evaluator's name: Joey Lawler 3. Date of Evaluation: 1 1.23.05 5. Name of stream: Stream 1 7. Approximate drainage area: < 0.01 sq mile 9. Length of reach evaluated: - 360 feet 11. Site coordinates (if known): 4. Time of Evaluation: 11:15 6. River basin: Catawba 8. Stream order: 1st 10. County: Mecklenburg 11. Subdivision name (if any): NA Latitude: 350 14'38"N Longitude: 800 59'53"W Method location determined GPS Topo Sheet Ortho (Aerial Photo/GIS Other GIS Other: 13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream(s) location): North of Wilkinson Boulevard and cast of Lake Wylie in Mecklenburg County, North Carolina. 14. Proposed channel work (if any): TBD 15. Recent weather conditions: Dry 16. Site conditions at time of visit: Sunny, cool 17. Identify any special waterway classification known: Section 10 Tidal Waters Essential Fisheries Ilabitat Trout Waters Outstanding Resource Waters 18. Is there a pond or lake located upstream of the evaluation point? 19. Does the channel appear on a USGS quad map? YES NO % Residential 21. Estimated watershed land use: - Nutrient Sensitive Waters Water Supply Watershed YES NO If yes, estimate the water surface area: 20. Does channel appear on USDA Soil Survey: YES NO 5 %Commercial 5 %Industrial %Agricultural 80 % Forested 10 % Cleared/Logged % Other 22. Bankfull width: +1-31 23. Bankfull height (from bed to top of bank): It 24. Channel slope down center of stream: Flat (0-2%) Gentle (24%) X Moderate (4-10%) Steep (>I 0%) 25. Channel sinuosity: Straight Y Occasional bends Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 38 Comments: heavy sediment impact and areas of erosion. Small but very incised channel. Evaluators Signature: Dale: 11.23.05 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. IV (1-IV) N/A STREAM QUALITY ASSESSMENT WORKSHEET ECORE GION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 2 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 4 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 4 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 1 (extensive discharges = 0; no discharges = max points) ,.? 5 Groundwater discharge 0-3 0-4 0-4 l (no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 1 (no flood lain = 0; extensive flood lain = max points) x 7 Entrenchment / floodplain access 0-5 0-4 0-2 0 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 acent wetlands = max points) (no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 0 (extensive de osition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 2 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 0 >+ (deeply incised = 0; stable bed & banks = max points) H? 13 Presence of major bank failures 0-5 0-5 0-5 1 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 1 Fi (no visible roots = 0; dense roots throughout = max points) l5 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 4 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 2 (no riffles/ripples or pools = 0; well-developed = max points) E- 17 Habitat complexity 0-6 0-6 0-6 2 (little or no habitat = 0; frequent, varied habitats = max points) F-+ 18 Canopy coverage over streambed 0-5 0-5 0-5 5 (no shading vegetation = 0; continuous canopy = max points) x 19 Substrate embeddedness NA* 0-4 0-4 1 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 2 (no evidence = 0; common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 2 U (no evidence = 0; common, numerous types = max points) O 4 22 Presence of fish 0-4 0-4 0-4 U ' (no evidence = 0; common, numerous types = max points) pa 23 Evidence of wildlife use 0-6 0-5 0-5 1 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 38 'T'OTAL SCORE (also enter on first page) *These characteristics are not assessed in coastal streams 5&ME, Inc. 9751 Southern Pine Boulevard Charlotte, North Carolina 28273 ff Ic- YE I t 1 '' . 011700 PLEASE DETACH AND RETAIN FOR YOUR RECORDS 1„Y ?, : • ? ? • I 6/30/06 1 1357-05-817C 1357/5040 I 475.00 401 cert Vee