20061796 Ver 1_COMPLETE FILE_20061114

Farington Oaks 401
W- Fr1
Subject: Fanngton Oaks 401 "°??1fr '9 V?
From: "Chris Estes" <Chns EstesDesl n.com> °S?tio Ikv -_ 00G%
12 Dec 2006 22:50:55 -0500
Date: Tue,
To: <BARRY. LOVE@ NCMAI L. NET> O Le _ 1 - tv 4N,
cN
Hl Barry, here is the detail and deed notification. Let me know if you need this sent anywhere else or in a
different format. Thanks....... Chris
Environmental Design & Co
Christopher Estes, RLA
President
[e-mail]
Add me to your address book...
Estes Design Inc.
Box 79133
Charlotte, NC 28271
tel: [phone]
fax: [phone]
mobile: [phone]
l
Want a signature like this?
FO Recorded Buffer Reg.pdf Content-Type: application/pdf
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Content-Encoding: base64
Content-Type: application/pdf
Plunge Pool Energy Dissipatorl.pdf
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I of 1 12/15/2006 1:27 PM
Pool Dimensions
DIM. 1 -
A 21 _ ---
B 3 ALL DIMENSIONS APPROXIMATE IN FEET
C 20
D 10' Max _
E
-FILTER 1 IC
`-NATURAL BED UNDER ROCK ONLY
NO FILTER FABRIC
Section B-B'
A Top Of
Pool Length
CULVERT
FLOW Bonkfull
Invert, -----------
below WS V
V"..?
S `-Natural bed
Filter Fabric B
Culv
Plan View
Section A-A' 1-Natural Bed NOTES:
Y
All disturbed banks shall be seeded and matted with
Coir matting and annual seed mix. Live stakes consisting 3
a
native woody vegetation including but not limited to
Silky Dogwood, Elderberry and Silky Willow will be
installed through the matting on 3' centers.
PLUNGE POOL ENERGY DISSIPATOR Estes Design Inc. xo. ros .,
FAIRINGTON OAKS - PHASE 2
Environmental Design & Consulting
MINT HILL, NORTH CAROLINA
RO. Box 79133 Chorbde, NC 28271 FOR
FAIRINGTON OAKS, LLC BD-10

FOR REGISTRATION JUDITH A. GIBSON
REGISTER OF DEED&
MECKLENBURG COUIM NC
BK:21487 PGC1412 ?170FEE:$20.00
INSTRUMENT # 2006256612
I? 1111111 ? 1!! I I I I? l l l 111 ? 1 l? 111111 ?! I I I I! ?
2006256612
Date: 17-1111w.0
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Tijle ?5 A NCAC 2H .0500, the following DEED NOTIFICATION shall be
recorded in the beck en oEq_ County Registry prior to the conveyance of lots. Said Deed
Notification shall apply to name of subdivi ion, lot numbers in Ln urA County, North
Caroiina as shown on plans titled 1(insert subdivision name) prepared by D
Assa4ck is 1 "Tne.• (insert name of esigner) dated date: 4 - 29. 0 to
'A portion of this lot has been determined to meet the. requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to
the requirements of the state rules adopted by the State of North Carolina in force at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland, stream or
buffer filling or draining, so the property owner should not assume that a future application for
filling or draining would be approved. The property owner shall report the name of the subdivision
In any application pertaining to said rules. This covenant is intended to ensure continued
compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant Is to run with the land and shall be binding on all
Parties and all persons claiming under them".
Signature:
Owner's name: Fa.clagi6s 0AS I u-C
-v
biree-T
Address: IS iR Eas+ I?(rd I . r
City, State, Zip Code: Ngf-I6?L I oc ZBZo`t
Phone Number. CIDLD 340 -6303
STATE OF No h Carolina
e G COUNTY
I, kb SSA b - f I,& , a Notary Public of the State of North Carolina, ALCUZ4 U
County, hereby certify that owner personally appeared before me this day and executed
by above certification.
Witness my hand and notorial seal, this /I tk day of - , X04
LJz4A
Notary Public
My commission expires: J" If- *?IVJ ZD 10
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ptial

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Exhibit A

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 18, 2006,
r DWQ# 06-1796
Mecklenburg County
Mr.`, Bart Hopper
Fairington Oaks, LLC
1518 East Third St., Suite 200 B%
Charlotte, NC 28204
Subject: Fairington Oaks S/D - Mint Hill
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hopper:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 95 linear feet of unnamed tributary to Stevens Creek in order to construct the Fairington Oaks
Subdivision in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on November 14, 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/ncwetiands. This 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. Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
N Carolina
oi`
,?I?Qt! ally
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwateEgualiiy.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
G?
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
4. 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.
5. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
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.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send
photographs upstream and downstream of each culvert site to document correct installation along
with the Certificate of Completion form.
9. Continuing Compliance. The applicant (Fairington Oaks, LLC) 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.
r
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 1508 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 by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love 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 Mc Millan, Wetlands Unit
Central Files
Christopher J. Estes - Estes Design Inc.

WA1F9
QG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 18, 2006
DWQ# 06-1796
Mecklenburg County
Mr. Bart Hopper
Fairington Oaks, LLC
1518 East Third St., Suite 200
Charlotte, NC 28204
Subject: Fairington Oaks S/D - Mint Hill
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hopper:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 95 linear feet of unnamed tributary to Stevens Creek in order to construct the Fairington Oaks
Subdivision in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on November 14, 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. This 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. Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
NonhCarolina
atura!!y
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet:': www.ncwaterquali .ore 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
4. 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.
5. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
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.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send
photographs upstream and downstream of each culvert site to document correct installation along
with the Certificate of Completion fonn.
9. Continuing Compliance. The applicant (Farrington Oaks, LLC) 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 by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian Mc Millan, Wetlands Unit
Central Files
Christopher J. Estes - Estes Design Inc.
i
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'2 ©0&179'V
KJ North. Carolina Wildlife Resources Commission 0
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cyndi B. Karoly, Supervisor Qg
401 Oversight and Express Permits Unit Q6
C 1 1 ZD
- NCDWQ Wetlands and Stormwater-Branch - DE
O?4R WATEAQA E 6M
FROM: Ron Linville Regional Coordinator y r T DEt W STS ?.
Habitat Conservation Program
DATE: November 28, 2006
I
SUBJECT: Review of an application by Farrington Oaks, DWQ No. 20061796, Unnamed Tributary Stevens
Creek, Mecklenburg County
The applicant is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The
North Carolina Wildlife Resources Commission (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 install a road crossing in Stevens Creek near the Town of Mint Hill for a residential subdivision.
Impacts to an unnamed tributary of Stevens Creek are indicated to be 95 linear feet. The perennial stream is
indicated to average 3.5 feet in width. This crossing is indicated to have been moved upstream to avoid impacts to
wetlands. Although the project site consists of 50 acres, the density of the development is not shown. Stevens
Creek flows into Goose Creek which is a 303(d) listed impaired stream. Our review of the project area found the
following listed animal species downstream for this watershed:
Species Scientific Name Listed Status
Carolina heelsplitter Lasmigona decorata NCE/FE
Carolina creekshell Villosa vaughaniana NCE/FSC
Atlantic pigtoe Fusconaia masoni NCE/FSC
Squawfoot Stropitus undulatus NCT
Notched rainbow Villosa constricta NCSC
Eastern creekshell Villosa delumbis NCSR
Based on our review of the project submittal and the existence of listed species in the watershed, including a
federally listed endangered mussel, we are concerned about Secondary and Cumulative Impacts (SCI) from this
project and other projects in the watershed. Accordingly, we recommend the following non prioritized conditions
for permits and certifications:
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
?? F
i
Farrington Oaks Subdivision -Page 2 - November 28, 2006
1. Naturally forested buffers should be preserved or restored along jurisdictional waters within the
development. These buffers should be permanently preserved through conservation easements
(preferred) as common areas for the development or deed restrictions. Intermittent stream and wetland
buffers should be 100' and perennial stream and wetland buffers should be 200' from top of the bank
or edge of water, respectively.
2. Stormwater management should be provided that mimics predevelopment hydrographic characteristics
to the maximum extent possible. Stormwater ponds or wetlands should incorporate autochthonous
plants (see attached) to the extent practicable. Low Impact Development (LID) techniques (see
«-Nv lowimpactde-,,elopment.or for examples) are recommended for each lot.
3. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds
(15A NCAC 4B .0124). Sedimentation impacts to area streams must be avoided. If any sedimentation
impacts occur, the NC Division of Water Quality should assess fines and civil penalties as well as
require sedimentation removal from downstream waters. Removal of sediment from impacted streams
should be coordinated with the US Fish and Wildlife Service as well as biologists with this agency.
4. The project should comply with the Proposed Charlotte-Mecklenburg Post Construction Ordinance for
watersheds supporting listed species.
5. If concrete will be used, work must be accomplished so that wet concrete_does_ not.contact stream
water.
6. Bridges are recommended for all permanent roadway crossings of streams, floodplains and associated
wetlands to eliminate the need to fill and culvert in active floodplains. Bridges should be the standard
practice where significant natural resources like trout, listed species, or site limitations like bedrock
exist. Floodplain capacities and floodplain functions must be maintained with bridges and culverts. If
culverts must be used instead of bridges, culverts should be designed and installed to allow passage of
aquatic organisms. Culverts 48" or larger must be buried at least a foot (12") below the streambed.
Culverts less than 48 inches diameter must be buried to a depth equal to or greater than twenty (20)
percent their size to provide aquatic life passage. These measurements must be based on natural
thalweg depths. Culverts should be situated so that no channel realignment or widening occurs.
Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water
depth and velocity resulting in increased sedimentation and diminished aquatic life passage. Where
multiple barrels are used, the base flow barrel must be installed as indicated above while additional
barrels should be placed so that their bottoms are located on the active bank full elevation. These bank
full barrels must be connected to active floodplain benches to provide natural dimensions for the base
flow channel with sufficient water depth during low or normal flows to accommodate movement of
aquatic species. If culverts are long and/or sufficient slopes exist, alternating battles should be
provided in a manner that conforms to channel bends upstream and downstream, mimics natural
meanders, prevents upstream scour and downstream deposition, moves typical bed load materials, and
provides resting areas and passage for aquatic species. Natural stream channel dimensions must be
maintained or provided/restored. Flat concrete aprons between wing-walls must not be used. Riprap
must not be placed in the streambed or in a manner to modify the natural thalweg or impede aquatic
life movement during low flow or drought conditions.
7. The US Fish and Wildlife Service should be requested to concur with or not object to the project.
Information about protecting listed species is available from biologists with the US Fish and Wildlife Service,
NCWRC biologists, and at http://NN-xvw ncwildlife org/pg07 WildlifeSMciesCon/pg7c3 impacts.pdf, Project
proponents should thoroughly evaluate opportunities to reduce downstream influences of the project,
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: Allan Johnson, DWQ-MRO
Bryan Tompkins, USFWS
Alan Ratzlaff, USFWS
John Fridell, USFWS
Farrington Oaks Subdivision -Page 3 - November 28, 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/Winter Mixture, Sept. 15 - April 30
Browntop millet 20 lbs/a Winter Wheat 120 lbs/a
Kobe lespedeza 201bs/a Kobe lespedeza 20 lbs/a
Shrub lespedeza 1 lb/a Shrub lespedeza 1 lb/a
Switchgrass* 5lb/a Switchgrass* 51b/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 lespedeza may be appropriate in colder geophysical areas. We do not recommend Sericea lespedeza
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 lbs/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 (1 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 List
Date: 12/06/06
Alan Johnson, Mooresville Regional Office
To:
Project Name: Fairington Oaks
DWQ #:06-1796
County: Mecklenburg
60-day Processing Time: 12/04/06 - 2/02/07
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
i1.
November 30, 2006
Mr. John Dorney
NC Division of Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject:
Additional information
PCN for the Fairington Oaks Project
J.D. & PCN Forms for 50 acre site
Mecklenburg Co., N.C
0Co-119
Dear Mr. Dorney,
I have enclosed a Pre-construction Notification for a NWP 39 with exhibits. Additional
information was added pertaining to impervious area and sewer. A 404 was received
9.26.05. Responses to scoping letters have been received from SHPO & USFWS.
Please contact me with any questions you may have.
You may send me an e-mail to Chris(cbEstes Design.corn or contact me at office,
704.841.1779 or cell, 704.400.1483
Sincerely,
ij?__
Christopher J. Estes, RLA, ASLA
Landscape Architect, N.C. & S.C.
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a'L t; ;;r.:GFA
Enclosure;
Cc. FILE
i
i
• P.O. Box 79133 Charlotte, N.C. 28271-7050 Phone / Fax [phone] •
-A
Fairington Oaks
Mecklenburg County
North Carolina
Pre-construction Notification Form and Supporting Documentation
for
U.S. Corps of Engineers Section 404 & 401 Permits
i
Prepared for
Fairington Oaks, LLC
Prepared by:
Estes De w o lr
Environmental Design & Consulting
P.O. Box 79133 Charlotte, N.C. 28271
A.
Fairington Oaks
Mecklenburg County, NC
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. O Lo - I 1 Q llp
August 9, 2005
2
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
I
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not
required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
Applicant Information
1. Owner/Applicant Information k
Name:
Fairington Oaks, LLC
G?._C ROCS
1518 East Third St. Suite 200
Charlotte, NC 28204
t?
Telephone Number: [phone] Fax Number: 704-370-6099
E-mail Address: [e-mail]
2. Agent 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: Christopher J. Estes
Company Affiliation: Estes Design Inc.
Mailing Address: P.O. Box 79133 Charlotte NC 28271
Telephone Number: [phone] Fax Number: Same
E-mail Address: ChrisAEstesDesign.com
2
3 A
Farrington Oaks
L!edder' us Courty, NC August 9, 2005
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: Fairington Oaks
2. T.I.P. Project Number (NCDOT Only
3. Property Identification Number (Tax PIN):
4. Location County: Mecklenburg --
Nearest Town: Mint-Hill
Subdivision name (include phaseilot number):
Directions to site (include road numbers, landmarks, etc.): See location map attached
5. Site coordinates, if available (UTM or Lat/Long): 35.08'46"N, 80.39'.38"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. Describe the existing land use or condition of the site at the time of this application: Partly wooded
previously agriculture.
7
Property size (acres): 50 ac.
$. Nearest body of water (stream/river/sound/ocean/lake): Stevens Creek
9. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin
map is available at http://h2o.enrlstate.ne.us/admin/maps/.)
10. Describe the purpose of the proposed work Subdivision of property into Single Family.
4
Fairington Oaks
Mecklenburg County, NC August 9, 2005
11. List the type of equipment to be used to construct the project: bulldozer, trackhoe & road
grader
12. Describe the land use in the vicinity of this project: Residential & Agricultural
i
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this project
(including all prior phases of the same subdivision) in the past, please explain. Include the USACE
Action ID Number, DWQ Project Number, application date, and date permits and certifications were
issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful
information. Describe previously approved wetland, stream and buffer impacts, along with associated
mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior
segments of the same T.I.P. project, along with construction schedules.
A previous development adjacent to this proposed development has been completed. The proposed
development which is the subject of this application will connect the two sites via a single creek crossing
as described herein.
Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application: No other
development plans are anticipated in conjunction with the subject project.
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.
1. Wetland Impacts
Wetland Impact
Area Located within Distance to
Site Number Type of Impact 100-year Nearest ***
Type of Wetland
(indicate on Impact* acres)
(acres) Floodplain** Stream
ma es/no linear feet
Fresh Water

5 -
Fairington Oaks
:!ecldenburg County, NG August 9, 2005
i
i
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
" 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or
FE1iA-approved local floodplaitt maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at
ht:p:;'%w-ww.fema. eov.
List a wetland qpe that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay,
bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: approx. 0.73 ac
Total area of wetland impact proposed: 0 ac.
2. Stream Impacts, including all intermittent and perennial streams
Stye-am Impact
Site Number
(indicate on
map)
Type of
Impact* Length
of Impact
(linear
feet)
**
Stream Name Average
Width of
Stream
Before
Impact
Perennial or
Intermittent.
(please specify)
BD-1 Road Culvert 95 Unamed Trib. To
Stevens Creek 3.5' Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams
(separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization
activities (cement wall, rip-rap, rnb wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and
profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream
rarned stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several
intemet sites also allow direct download and printing of USGS maps (e.g., ww-,v.topozone.com, www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 95'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other
Water of the U.S.
Open Water Area Type of Waterbody
Impact *
Type of Impact of Name of Waterbody
(lake, pond, estuary, sound,
Site Number Impact (if applicable) bay, ocean, etc.)
(indicate on acres
Fairington Oaks
Mecklenburg County, NC August 9, 2005
NA
List each impact separately and identify temporary impacts. Impacts include, but are not limited to:
drainage, bulkheads, etc.
ding,
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included above in
the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated
on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve
or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:_
Impact JustiFcation (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 nronosed road crossing was moved un stream to avoid anv wetlands impact. The downstream nortion
of the subject creek has been blocked by beaver.
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
6
7
Farrington Oaks
Mecklenburg County, NC August 9, 2005
acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be
appropriate and practicable include, but are not limited to: reducing the size of the project; establishing
and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and
replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving
similar functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order for
USACE or DWQ to consider the application complete for processing. Any application lacking a required
mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also
choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream
Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide as much
information as possible, including, but not limited to: site location (attach directions and/or map, if
offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed
(restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed
restrictions, conservation easement, etc.), and a description of the current site conditions and proposed
method of construction. Please attach a separate sheet if more space is needed.
A designed plunge Pool will be used in lieu of the typical concrete dissipater and rip-rap apron. Bio-
ena-ineering twill be used to restore all stream bank impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program
(NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay
into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it
can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by
the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information
regarding the application process for the NCWRP, check the NCWRP website at
http:/ih2o.enr.state.ne.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):N/A
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local) land?
Yes ? No
7
Fairington Oaks
Mecklenburg County, NC August 9, 2005
If yes, does the project require preparation of an environmental document pursuant to the requirements of
the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure
whether a NEPA/SEPA document is required, call the SEPA coordinator at [phone] to review
current thresholds for environmental documentation.
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
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 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.
Stormwater (DWQ Only)
Farrington Oaks
%!eck enb:;rg CoLr,ty, NC August 9, 2005
9
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.
See attached computation sheet (17.12% impervious)
Sewage Disposal (DWQ Only)
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.
Private individual septic
Violations (DwQ Only)
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 0
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).
November 6, 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
USArmy Corps Of Engineers Field Ojces and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Mecklenburg Mitchell Union
Fairington Oaks
Mecklenburg County, NC
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
Telephone: [phone]
Fax: [phone]
Raleigh Regulatory Field Office
US Army Corps Of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Telephone: [phone]
Fax: [phone]
Washington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1000
Washington, NC 27889-1000
Telephone: [phone]
Fax: [phone]
August 9, 2005
Avery
Buncombe
Burke
Cabarrus
Caldwell
Catawba
Alamance
Alleghany
Ashe
Caswell
Chatham
Davidson
Davie
Beaufort
Bertie
Camden
Carteret*
Chowan
Craven
Clay Jackson Polk Watauga
Cleveland Lincoln Rowan Yancey
Gaston Macon Rutherford
Graham Madison Stanley
Haywood McDowell Swain
Henderson Mecklenburg Transylvania
Durham Johnston Rockingham Wilson
Edgecombe Lee Stokes Yadkin
Franklin Nash Sung
Forsyth Northampton Vance
Granville Orange Wake
Guilford Person Warren
Halifax Randolph Wilkes
Currituck Jones
Dare Lenoir
Gates Martin
Green Pamlico
Hertford Pasquotank
Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Service /National Marine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
North Carolina State Agencies
i
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Pitt
Tyrrell
Washington
Wayne
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
*Croatan National Forest Only
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516 -
Telephone: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
10
10
I1
Fairington Oaks
%!ec;(;erb,:rg County, NC August 9, 2005
Fax: [phone]
Carteret Gates Pamlico
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idle,.-d Road Ashe Mitchell Wilkes
K=emUe,NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
1.4ounta;n Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mm. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Washington
11
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Scale f' - 200'

IIMPERVIOUS AREA CALCULATIONS FOR FAIRINGTON OAKS
(Phase 1 & Phase 2):
Date: 11-29-06
Proj. Y: 05065/03042
Prepared by: CG/VB
PHASE 1 (84 lots):
Building Pads (50'x50' footprints Avg.):
Roads (boc-boc):
Sidewalks:
Driveways (18' wide to setback):
.%,Esc. Imp. Area (patios, storage units, etc., 400 s.f./lot)
Amenity Area:
Total Impervious Area:
PHASE 2 (52 lots):
210,000 s.f.
220,970 s.f.
39,765 s.f.
114,912 s.f.
33,600 s.f.
23,449 s.f.
642,696 s.f.
Building Pads (50'x50' footprints Avg.): 130,000 s.f.
Roads (boc-boc): 130,728 s.f.
Sidewalks: 19,825 s.f.
Driveways (18' ,.vide to setback): 71,136 s.f.
Misc. Imp. Area (patios, storage units, etc.- 400 s.f./lot): - 20,800 s.f.
Total Impervious Area: 372,489 s.f.
Total Site Area: (Ph. 1 and Ph. 2): 131.1 Ac.
Total Impervious Area: 1,015,185 s.f.
23.3 Ac
Total Percentage of Site Impervious: 17.12%
Note: Impervious calculations based on approved plans for roads and sidewalks.
Building footprints, driveways, and additional impervious areas may vary due to actual
field conditions.
YA2005 Pro xts`A50650mumems\Specs\INiP AREA CALCS.doc
November 30, 2006
Mr. John Dorney
NC Division of Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject:
Additional information
PCN for the Fairington Oaks Project
J.D. & P.CN Forms for 50 acre site
Mecklenburg Co., N.C
Dear Mr.. Dorney,
I have enclosed a Pre-construction Notification for a NWP 39 with exhibits. Additional
information was added pertaining to impervious area and sewer. A 404 was received
9.26.05. Responses to scoping letters have been received from SHPO & USFWS.
Please contact me with any questions you may have.
You may send me an e-mail to Chris(@EstesDesign.com or contact me at office,
704.841.1779 or cell, 704.400.1483
Sincerely,
i" -
Christopher J. Estes, RLA, ASLA
Landscape Architect, N.C. & S.C.
Enclosure;
I
Cc. FILE
200
E _
Ali Y
9 P.O. Box 79133 Charlotte, N.C. 28271-7050 • Phone / Fax [phone]
Farrington Oaks
Mecklenburg County
North Carolina
Pre-construction Notification Form and Supporting Documentation
for
U.S. Corps of Engineers Section 404 & 401 Permits
Prepared for:
Fairington Oaks, LLC
Prepared by:
Environmental Design & Consulting
P.O. Sox 79133 Charlotte, N.C. 28271
. 2
Fairington Oaks
Mecklenburg County, NC August 9, 2005
Office Use Only: Form Version Apri12001
USACE Action ID No. DWQ No. O U - 11 q la
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
i
Processing
1 Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3: If this notification is solely a courtesy copy because written approval for the 401 Certification is not
required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWR.P) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
i
Applicant Information
1
1. Owner/Applicant Information
J
Name:
Fairington Oaks, LLC 7- J
ZOi?,6
1518 East Third St. Suite 200
Charlotte, NC 28204
Telephone Number: [phone] Fax Number: 704-370-6099
E-mail Address: [e-mail]
2. Agent 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: Christopher J. Estes
Company Affiliation: Estes Design Inc.
Mailing Address: P.O. Box 79133 Charlotte NC 28271
Telephone Number: (,704) 841-1779 Fax Number: Same
E-mail Address: Chris(a,EstesDesign.com
2
Fairington Oaks
Mectderburg CcLmty, NC August 9, 2005
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 hTRCS 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: Fairington Oaks
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location County: Mecklenburg
Nearest Town: Mint-Hill
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): See location map attached
5. Site coordinates, if available (UTM or Lat/Long): 35.08'46"N, 80.39'.38"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. Describe the existing land use or condition of the site at the time of this application: Partly wooded
previously agriculture.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Stevens Creek
9. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin
map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work Subdivision of property into Single Family.
Fairington Oaks
Mecklenburg County, NC August 9, 2005
4
11. List the type of equipment to be used to construct the project: bulldozer, trackhoe & road
rader
12. Describe the land use in the vicinity of this project: Residential & Agricultural
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this project
(including all prior phases of the same subdivision) in the past, please explain. Include the USACE
Action ID Number, DWQ Project Number, application date, and date permits and certifications were
issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful
information. Describe previously approved wetland, stream and buffer impacts, along with associated
mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior
segments of the same T.I.P. project, along with construction schedules.
A previous development adjacent to this proposed development has been completed. The proposed
development which is the subject of this application will connect the two sites via a single creek crossing
as described herein.
Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application: No other
development plans are anticipated in conjunction with the subject project.
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.
Wetland Impacts
Wetland Impact
Area Located within Distance to
Site Number Type of Impact 100-year Nearest ***
Type of Wetland
(indicate on Impact* acres)
(acres) Floodplain** Stream
ma es/no linear feet
Fresh Water

4
3
Fairington Oaks
&--idenburg County. NC August 9, 2005
` List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
•* I00-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or
FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at
2oy.
s' * List a we'.land t}pe that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay,
boo, etc.)
List the total acreage (estimated) of existing wetlands on the property: approx. 0.73 ac
Total area of wetland impact proposed: 0 ac.
2. Stream Impacts, including all. intermittent and perennial streams
Stream Impact
Site Number
(indicate on
map)
Type of
Impacts Length
of Impact
(linear
feet)
##
Stream Name" Average
Width of
Stream
Before
Impact
Perennial or
Intermittent.
(please specify)
BD-1 Road Culvert 95 Unamed Trib. To
Stevens Creek 3.5' Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams
(separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization
activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and
profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream
named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several
internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 95'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other
Water of the U.S.
Open Water Area
Type of Waterbody
Impact Type of Impact
* of Name of Waterbody (lake, pond, estuary, sound,
Site Number
" Impact (if applicable) bay, ocean, etc.)
(indicate on
s acres
i
Fairington Oaks
Mecklenburg County, NC August 9, 2005
map)
NA
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, floo
ding,
drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included above in
the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated
on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve
or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:_
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 road crossing was moved up stream to avoid anv wetlands impact. The downstream portion
of the subject creek has been blocked by beaver.
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
Fairington Oaks
Medc:enburg County, NC August 9, 2005
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
USAGE or DWQ to consider the application complete for processing. Any application lacking a required
mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also
choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream
Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide as much
information as possible, including, but not limited to: site location (attach directions and/or map, if
offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed
(restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed
restrictions, conservation easement, etc.), and a description of the current site conditions and proposed
method of construction. Please attach a separate sheet if more space is needed.
A designed plunge Pool will be used in lieu of the typical concrete dissipater and rip-rap apron. Bio-
engineering will be used to restore all stream bank impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program
(NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay
into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it
can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by
the 401/Wetlands Unit if payment into the NC`'VRP is available as an option. For additional information
regarding the application process for the NCWRP, check the NCWRP website at.
http:/lh2o.enr.state.ne.us/w-m/index.htm. If use of the NCWRP is proposed, please check the appropriate box on
page three and provide-the following information:
Amount of stream mitigation requested (linear feet):N/A
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local) land?
Yes ? I"'o
Fairington Oaks
Mecklenburg County, NC August 9, 2005
If yes, does the project require preparation of an environmental document pursuant to the requirements of
the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure
whether a NEPA/SEPA document is required, call the SEPA coordinator at [phone] to review
current thresholds for environmental documentation.
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
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 213 .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 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.
Stormwater (DWQ Only)

Fairington Oaks
Mecklenburg County, NC August 9, 2005
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.
See attached computation sheet. (17.12% impervious)
Sesiage Disposal (DWQ Only)
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.
Private individual septic
Violations (DWQ Only)
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
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).
November 6. 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
USArmy Corps OfEngireers Field OJices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Mecklenburg Mitchell Union
9
Fairington Oaks
Mecklenburg County, NC August 9, 2005
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
j Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
3 Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Service /National Marine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
North Carolina State Agencies
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
10
10
Fairington Oaks
Mecklenburg County, NC
Fax:[phone]
Western Piedmont Region Coordinator
3855 Idlew,ld Road
Kemersville, NC 27284-9180
Telephone: [phone]
1,' :untain Regi;xt Coordinator Buncombe
20330 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
August 9, 2005
Carteret Gates Pamlico
NCWRC and NC Trout Counties
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
Washington
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MPERVIOUS AREA CALCULATIONS FOR FAIRINGTON OAKS
(Phase 1 & Phase 2):
Date: 11-29-06
Proj. #: 05065103042
Prepared by: CG/VB
PHASE 1 (84 lots):
Building Pads (50'x50' footprints Avg.):
Roads (boc-boc):
Sidewalks:
Driveways (18' wide to setback):
Misc. Imp. Area (patios, storage units, etc., 400 s.fJlot):
Amenity Area:
Total Impervious Area:
PHASE 2 (52 lots):
210,000 s.f.
220,970 s.f.
39,765 s.f.
114,912 s.f.
33,600 s.f.
23,449 s.f.
642,696 s.f.
Building Pads (50'x50' footprints Avg.): 130,000 s.f.
Roads (boc-boc): 130,728 s.f.
Sidewalks: 19,825 s.f.
Driveways (18' wide to setback): 71,136 s.f.
1lisc. Imp. Area (patios, storage units, etc.- 400 s.£/lot): 20,800 s.f.
Total Impervious Area: 372,489 s.f.
Total Site Area: (Ph. 1 and Ph. 2): 131.1 Ac.
Total Impervious Area: 1,015,185 s.f.
23.3 Ac
Total Percentage of Site Impervious: 17.12%
Note: Impervious calculations based on approved plans for roads and sidewalks.
Building footprints, driveways, and additional impervious areas may vary due to actual
field conditions.
YAZ005 Projec&D5065`Docume itslSpecs\BIP AREA CALCS.doc
Triage Check List
Date: 11/17/06
Project Name: Fairington Oaks
DWQ #:06-1796
County: Mecklenburg
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 11/14/06 - 1/12/07
rn E
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Environmental Design & Consulting
November 6, 2006 2 0 0 6 1 7 9 6
Mr. John Dorney
NC Division of Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Subject:
PCN for the Fairington Oaks Project
J.D. & PCN Forms for 50 acre site
Mecklenburg Co., N.C
Dear Mr. Dorney,
F L LF i-
PAYi SENT
RECEIVED
I have enclosed a Pre-construction Notification for a NWP 39 with exhibits. A 404 was
received 9.26.05. Responses to scoping letters have been received from SHPO &
USFWS.
Please contact me with any questions you may have.
You may send mean e-mail to Chris(D.EstesDesign.com or contact me at office,
704.841.1779 or cell, 704.400.1483
Sincerely,
7'i a s T,"`,;7,'___3 8,
tt :' ?je
KOV i 2006
Christopher J. Estes, RLA, ASLA
Landscape Architect, N.C. & S.C.
Enclosure;
Cc. FILE
• P.O. Box 79133 Charlotte, N.C. 28271-7050 • Phone / Fax [phone] •
Farrington Oaks
Mecklenburg County
North Carolina
Pre-construction Notification Form and Supporting Documentation
for
U.S. Corps of Engineers Section 404 & 401 Permits
Prepared for.
Fairington Oaks, LLC
Prepared by:
MIS "S s ign kw%
Environmental Design & Consulting
P.O. Box 79133 Charlotte, N.C. 28271
Fairington Oaks
Mecklenburg County. NC
i
August 9. 2005
2
Office Use Only: Form Version April 2001
20061796
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
pj? T,
11 kl_f
Processing RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not
required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
Applicant Information
1. Owner/Applicant Information' k
Name: u
.i rT l
Fairington Oaks, LLC 140V 1..
1005
DttA "apps 1518 East Third St. Suite 200
Charlotte, NC 28204
Telephone Number: [phone] Fax Number:
E-mail Address: bhopperOnewsouthpropxom
2. Agent 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: Christopher J. Estes
Company Affiliation: Estes Desipan Inc.
Mailing Address: P.O. Box 79133 Charlotte NC 28271
Telephone Number: [phone] Fax Number: Same
E-mail Address: [e-mail]
2
3
Fairington Oaks
klecklentgzg county. NC August 9. 2005
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.
Name of project: Fairin9ton Oaks
2. T.I.P. Project Number (NCDOT Only):
3 _ Property Identification Number (Tax PIN):
4. Location County: Mecklenburg
Nearest Town: Mint-Hill
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): See location map attached
5. Site coordinates, if available (UTM or Lat/Long): 35.08'46"N. 80.39'.38"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. Describe the existing land use or condition of the site at the time of this application: Partly wooded
previously agriculture.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Stevens Creek
9_ River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin
map is available at http:/Ih-o.enr_state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work Subdivision of property into Single Family.
4
Fairington Oaks
Mecklenburg County, NC August 9, 2005
11. List the type of equipment to be used to construct the project: bulldozer, trackhoe & road
grader
12. Describe the land use in the vicinity of this project: Residential & Agricultural
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.
NA
i
Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application: NA
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.
Wetland Impacts
Wetland Impact
Area of Located within Distance to
Site Number Type of
Impact 100-year Nearest
Type of Wetland***
(indicate on Impact* (acres) Floodplain** Stream
ma) (yes/no) (linear feet)
Fresh Water

Fairington Oaks
L'ecklenburg County. NC August 9, 2005
r :-r A, ;..,...,,.r -tA l -A ;(l-t;fi, tPm rnrv imnartc Immr.tc inrhidt-. hnt are not limited to: mechanized cleatine. QradinQ, fi
excavation, flooding, ditching1drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or
FE.IAapproved local floaiplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at
List a wetland type that best describes ,,-etland to be impacted (e.g- fieshvvater/saltwater marsh, forested wetland. beaver pond. Carolina Bay.
k -z- etc.)
List the total acreage (estimated) of existing wetlands on the property: approx. 0.73 ac
Total area of wetland impact proposed: 0
Stream Impacts, including all intermittent and perennial streams

Stream Impact
Site Number
(indicate on
map)

T}pe of
Impact*
Length
of Impact
(linear
feet)

Stream Name** Average
Width of
Stream

Before
Impact
Perennial or
Intermittent?

(please specify)
BD-1 Road Culvert 95 Unamed Trib. 3.5' Perennial
a

List each impact separately and identi& temporary impacts- Impacts include. but are not limited to: culverts and associated rip-rap, dams
iseparatel- list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization
activities {cement wall. rip-rap, crib :wall, gabions, etc}, excavation, ditching/straightening. etc. If stream relocation is proposed. plans and
profiles showing the linear footprint for both the orinainal and relocated streams must be included
Stream names can be found on USGS topographic maps. If a stream has no name. list as UT (unnamed tributary) to the nearest downstream
named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at vvxvlv.usgs.Qov. Several
internet sites also allow direct download and printing of USGS maps (e.g.. vvvviv.towzone.com, vvw-%v.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 95'
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other
Water of the U.S.
Open Water Area Name of Waterbody Type of Waterbody
Impact Type of Impact* of (if applicable) (lake, pond, estuary, sound,
Site Number Impact bay, ocean, etc.)
5
Fairington Oaks
Mecklenburg County, NC August 9, 2005
(indicate on (acres)
map)
NA
List each impact separately and identify temporary impacts.
drainage, bulkheads, etc.
6
to: fill, excavation, dredging, flooding,
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included above in
the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated
on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve
or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
Impact Justification (Avoidance and Minimization)
but are not
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 road crossing was moved up stream to avoid any wetlands impact
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
6
8
Farrington Oaks
M- ckienburg County, NC August 9. 2005
If yes, does the project require preparation of an environmental document pursuant to the requirements of
the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure
whether a NEPA/SEPA document is required, call the SEPA coordinator at [phone] to review
current thresholds for environmental documentation.
Yes ? No 21
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of
the `TEPA or SEPA final approval letter.
Yes ? NO
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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* I impact I Multiplier I Required
1.5
i Total i I
Zone i extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B .0242 or. 0260.
Stormwater (DWQ Only)
Fairington Oaks
Mecklenburg County, NC August 9. 2005
9
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.
Sewage Disposal (DWQ Only)
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.
Violations (DWQ Only)
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
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).
Nnvemher 6 Wn06
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
U,SArmy Corps Of Engineers Field Offices and County Coverage
9
10
Fairington Oaks
t,t?xk1=_nturg County. HC
August 9. 2005
Asheville Regulatory Field Office Alexander Cherokee Mecklenburg Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, INC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chovvan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and 11 rldlife Service /Nationa! 11arine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
10
Farrington Oaks
Mecklenburg County. NC August 9, 2005
Telephone: [phone] Camden Dare Onslow
Fax: [phone] Carteret Gates Pamlico
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Tyrrell
Washington
11
11

Agent Certification Of Authorization
I 9-1 ?WJPEeZ- representing t /t
Of Address:
f fi 1 fs -i ?i-#? tL
Sr-F ?v E -1-E
7 L' fhV-td7PE,:
C .Z$ 2D ?
^-n •• .1,44v that 1 have QWhrAred Chhstooher J. Estes of Estes Design Inc.
environmental design and consulting to act on my behalf and take all actlona necessary
fcr the processing, Issuance and acceptance of thla permit and any and all standard and
special conditions attached.
We hareby.cer*the abare infwmadon submittedy?-tj?is ation is Vve and accurate to the
be ourknowledge. (
U^n f
;ApplicanfsssignatUri Agerxs sIg • ure
D e ----- ? Date - --------_--_.---__..
P.O. Sax 79133 Channtte, N.C. 28271-7080 • PhCno! Fax %%04) 341-1 j'"; M
Fairington Oaks
Mecklenburg County, NC August 9, 2005
12
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Environmental Design & Consulting Mecklenburg County, N.C.
P.O. Box 79133 Charlotte, NC 28271 EXHIBIT 1 USGS Location Map
Environmental Design & Consulting 4
P.O. Box 79133 Charlotte, NC 28271
Fairington Oaks
Mecklenburg County, N.C.
EXHIBIT 2 USGS Topo Map
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Environmental Design & Consulting d
P.O. Box 79133 Charlotte, NC 28271
Fairington Oaks
Mecklenburg County, N.C.
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Environmental Design & Consulting
P_a_ Box 79133 Charlotte, NC 28271
Project Faitington Oaks
Name:
Project No.: Sample No.: 1
Date: 12.23.03
By: CJE
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
OI
Do Normal Circumstances exist on site? No Community ID:
Have vegetation, soils, or hydrology been disturbed? Yes Field Map No.:
Is the area a potential Problem Area? Yes Plot ID: A
(If needed, explain on reverse.)
VEGETATION (Note those species observed to have motphological ada Wions to wetlands with a *)
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Fraxinus pennsylvanica T FACW 9. Ludwigia H OBL
2. Fraxinus americanus T FACU 10. Paspalum laeve - wetland grass H FACW
3. Acernegundo T FACW 11. Juncus effusus H FACW+
4. Acerrubrum T FAC 12. Carexsp. H FACW
13. Andropogon virginicus H FAC-

. 14.
7
15.
8
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-). Include species noted (*) as showing
morphological adaptations to wetlands. 8/9 = 89%
Describe Morphological Adaptations:
Remarks:
i
This sample plot is along a forested stream corridor that was dammed by beaver.
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gage
_X Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: 1-48" (in.)
Depth to Free Water in Pit: <12" (in.)
4
Depth to Saturated Soil: (in.)
Wetland Hydrology Indicators:
x_ Inundated
x Saturated in Upper 12 inches
x Water Marks
x Drift Lines
x Sediment Deposits
x Drainage Patterns in Wetlands
x Oxidized Root Channels in Upper 12 Inches
x Water-Stained Leaves
Local Soil Survey Data
Other (Explain in Remarks)
Remarks:
The soil survey indicates a "perched" shallow water table due to an impervious soil layer.
JV1LJ
y
Map tint Name:
f 'noncan Nlo
Drainage Class: SPD
Ta_xoncu v Field Observations
(Subgroup): Confirm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fluvaquntie
Eutrochrepts

Matrix Color Mottle Colors Mottle Texture, Concretions,
D,-r r r--chzs) Horizon (Nlunsell hoist) (funsell Moist) Abundance/Contrast Rhizospheres. etc.
0-6' A 5YR 415 5Y 5/3 few/disitnct Sandy loam
7_147° g IOYR 4/2 5Y 511 Many/prominant Sandy clay loam
Hydric Soil Indicators:
Histosol x Concretions
Histic Epipedon High Organic Content in Surface Layer
Sulfidic Odor x Organic Streaking
x Aquic Moisture Regime Listed in Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils Lists
x Gleved or Low-Chroma Colors x Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
RTT7-4ND D TRRAHNATTON
Hydrophytic Vegetation Present? No Is this Sampling Point Within a Wetland? No
Hydric Soils Present? No
Weiland Hydrology Present? No
Remarks:
i
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aan In e.,
Environmental Design & Consulting 492kjo
P.O. Box 79133 Charlotte, NC 28271
Project Fairington Oaks
Name:
Project No.: Sample No.: 2
Date: 12.23.03 By: CJE
f DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
01
Do Normal Circumstances exist on site? No Community ID:
Have vegetation, soils, or hydrology been disturbed? Yes Field Map No.:
Is the area a potential Problem Area? Yes Plot ID: B
(If needed, explain on reverse.)
W GRTATION lNnte ihnse snecies nhserved to have mnrnhnlnoiral adantatinns to wetlands with a •1
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
I. Quercus Rubrum T FAC 9.
2. Fraxinus americanus T FACU 10.
3. Acernegundo T FACW 11. Juncus effusus H FACW+
4. Acerrubrum T FAC 12. Andropogon virginicus H FAC-
5. 13.
6. 14.

15.
s.
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-). Include species noted (•) as showing 6n = 86%
morphological adaptations to wetlands
Describe Morphological Adaptations: NA
Remarks:
Indications of beaver.
HYDROLOGY
Recorded Data (Describe in Remarks):
_Stream, Lake, or Tide Gage
--Aerial Photographs
Other
No Recorded Data Available Wetland Hydrology Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Field Observations: Sediment Deposits

Depth of Surface Water: NA (in.) Drainage Patterns in Wetlands
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: NA (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: (in.) Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
JV1LJ
Map U it Name: jioncan ilio Drainage Class: SPD
Taxonomy Field Observations
(Subgroup): Corm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fluvaquntic
Eutrochrepts

Matrix Color Mottle Colors Mottle Texture, Concretions,
£k h ?cach s1 Horizon (.kiunsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres, etc.
0-6' A 5YR 4/6 none none Sandy loam
7-14"- B IOYR 4/3 5Y 5/5 few/distinct Sandy clay loam
H-,-,'re Sail Indicators:
Histosol Concretions
Ilistie Epipedon High Organic Content in Surface Layer
Sul6dic Odor - Organic Streaking
Aquic Moisutre Regime Listed in Local Hydric Soils List
Reducing Conditions Listed on National Hydrie Soils Lists
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
W FTT AND DETERNUN TION
Hydrophytic Vegetation Present? Yes No Is this Sampling Point Within a Wetland? Yes No
Hydrie Soils Present? Yes NTT
Wetland Hydrology Present? Yes Mo
Remarks:
This is an example of an upland area adjacent to wetlands.
i
I
i.
i
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200532810 County: Mecklenburg USGS Quad: Mint Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Fairington Oaks, LLC
Address: 1518 East Third Street, Suite 200
Charlotte, NC 28204
Telephone No.: 704-370-0303
Size and location of property (water body, road name/number, town, etc.): The site is located near
Mintwood Drive and Well Road, in Mint Hill, Mecklenburg County, North Carolina.
Description of projects area and activity: This permit authorizes the placement of fill associated with
the construction of a road crossing for the Fairington Oaks Subdivision. Impacts to stream
channels authorized by this permit are 95 linear feet.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to die NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
continence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
i
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/perriuts.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: September 26, 2005
Expiration Date of Verification: March 18, 2007
-1-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _. Action ID
Basis of Jurisdictional Determination: The site contains stream channels with indicators of ordinary high water
marks. The stream channel on the property is an unnamed tributary to Stevens Creel:, which flows into the Yadkin
River and ultimately flows to the Atlantic Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Official: Amanda Jones
Date September 26, 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Fumished:
Chris Estes, P.O. Box 79133, Charlotte, NC 28271-7050
dd?d „p to. oh
V
North Carolina Department of Cultural Resources
State Historic Preservation Office
Pcter B. Sandbeck, Administrator
Michael 1: Easley, Governor Office of Archives and I listory
I.isbcth C. Evans, secretary Division of Historical Resources
Jef fre}' 1. Cnmw, Deputy secretary David Hawk, Din:etor
September 13, 2005
Christopher J. Estes, RLA, ASIA
Estes Design Inc.
PO Box 79133
Charlotte, NC: 28271-7050
Re: Historic Structures Inquiry, Fairington Oaks, Mecklenburg County, ER 05-1872
Dear Mr. Estes:
1llank you for your letter of August 11, 2005, concerning the above project.
We have conducted a search of our maps and files and have located the following properties of architectural
and historical interest, adjacent to or within the proposed project boundaries.
? 1\,IK 1211 Sloan House, NE. side SR 3173.8mi SE. of jct. w/NC 51
t NIK 1217T. C. Wilson House NE side SR 3173.55 mi SE of jct. w/NC 51.
As the project boundaries were not included in your request for review, we are unable to determine the
possible impact the proposed activity may have on the above-mentioned properties. Furthermore, there has
not been a comprehensive survey of the area since 1987, therefore we are unable to establish whether the
properties in question are still extant, or if they have attained National Register significance. Thus the project
as outlined could have an adverse effect on the above-mentioned properties. The planned activities are,
therefore, subject to Section 106 of the National Historic Preservation Act and the regulations of the
Advisory Council on Historic Preservation.
Please note that any proposed activities that use federal funds, or which requires a federal permit and which
may affect historic properties, are subject to review by the State Historic Preservation Office. Proposed
activities that are within or adjacent to a National Register-listed or eligible property have the potential to
affect the historic property.
To complete our review we will need to see photographs of any structures fifty years old or older on or
adjacent to the project site, please send us photographs (digital snapshots are fine) of each structure. These
photographs should be keyed to a map that clearly shows the project boundaries. If there are no buildings
fifty years or older on or adjacent to the project site, please notify us of this in writing. We will complete our
review upon receipt of this information.
ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Sen-iee Ccntcr, Raleigh NC 21699-0617
RESTORATION 515 N. Brunt Street, Raleigh NC 4617 Mail Ser%ice Center, Raleiigtt NC 27699.4617
SURVEY & PLANNING 515 N. Blount Strut, Raleigh. Nf. 4617 Matt Service Center, Raleigh NC 2'+6994617
??nrf o
North Carolina Department of Cultural Resources
State Historic Preservation Office
Pau 1S_ Sandbeek, Akhr.4 crwor
NIicfrei F. Fps, (:ove;rw Office of Archives and History
G Fr-,---, Stcretan Division of Historical Resources
Ee i-Lv 1. Crn , D:pun krnurv David Bnx)k, Director
September 27, 2005
Christopher J. Estes, Rl--?, ?1SL A
Estes Design Inc-
PO Box 79133
Charlotte, NC 28271-7050
Re: Historic Structures Inquire, Fairington Oaks, Mecklenburg County, ER 05-1872
Dear Mr. Estes:
Thank you for your letter of September 19, 2005, forwarding additional information concerning the above
project.
Based on the information submitted, we have determined that the project as proposed will not have an effect
on anv historic structures. We therefore have no comment.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisorv Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part SOO.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
r
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rf
X-
Peter Sandbeck
I100t1i NUG, Address Telephone/Fax
ADN(JriISrRATION 5.17 N. ili?x?t jt e R N c =617 .%laa smice CLntrr, Raleigh NC 27699-4617 (919)7314763/733-8653
RESPOR MO*i SIS ti Bievrr SAS Rskgn NC 5637 Atnl Scr.;ee rrnrz? R:Ic> NC 2769-2-461 i 0)19)733-6547/715-48(11
SURVEY &FULN-?I\G 515*,ZamassrstStr? Rateig-,tC 4617 AlgaSerriccGcntry,Raleif NC276994617 (919)7316545/715-4841
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 23, 2005
Mr. Christopher J. Estes, President
Estes Design Inc.
P.O. Box 79133
Charlotte, North Carolina 28271-7050
Dear Mr. Estes:
Subject: Proposed Fairington Oaks Residential Development in Mint Hill, Mecklenburg County,
North Carolina
We have reviewed the infonnation you sent us concerning.the subject project as requested by
your letter of August 11, 2005. The following comments are provided in accordance with the
provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
According to the information you provided, the subject development is proposed to be
constructed within the Stevens Creek watershed and will require a proposed crossing of a
tributary to Stevens Creek. Stevens Creek is a headwater tributary to Goose Creek, and we are
extremely concerned about the potential effects of the proposed project to the federally
endangered Carolina heelsplitter (Lasrnigona decorata) and its designated critical habitat in
Goose Creek. Goose Creek, downstream of the proposed project site in Union County, North
Carolina, currently supports one of only seven known surviving populations of the federally
endangered Carolina heelsplitter (one of only two North Carolina populations). Also, the main
stem of Goose Creek, from the North Carolina Highway 218 Bridge crossing, downstream to its
confluence with the Rocky River, is officially designated as critical habitat for the Carolina
heelsplitter. Six of the seven surviving populations are considered to be small, restricted to
relatively short stream reaches, and highly vulnerable to extirpation. The seventh population was
only recently discovered in a tributary to the Catawba River in South Carolina, and the extent
and status of that population is currently unknown, but preliminary information indicates that it
is also extremely restricted in range.
Residential and commercial growth in the Goose Creek watershed, including Stevens Creek, in
Mecklenburg and Union Counties has contributed to the significant degradation of aquatic
habitat in Goose Creek and a serious decline of the Carolina heelsplitter population in this
stream. Monitoring conducted by the North Carolina Wildlife Resources Commission has
documented a marked decline in the range and abundance of all native mussel species throughout
Goose Creek and at least a 50-percent decline in the range of the Carolina heelsplitter in this
stream in recent years. Stream-channel and stream-bank stability, required by freshwater
mussels, have already been degraded in a number of areas throughout the watershed. Changes in
the stream's hydrology due to the loss of forest cover and an increase in impervious surfaces
appear to be the major factor contributing to this channel/bank instability. In addition, the North
Carolina Division of Water Quality (NCDWQ) has classified Goose Creek as having impaired
water quality and has placed this stream on the list of impaired waters under Section 303(d) of
the Clean Water Act. Water quality monitoring in Goose Creek (conducted by the NCDWQ, a
private consultant, and members of our staff) has documented levels of several pollutants that are
toxic or harmful to freshwater mussels and exceed the State's water quality standards or
action; concem levels. Nonpoint-source storm-water runoff from residential and commercial
developments within the watershed has been implicated as a factor contributing to elevated
levels of many of these pollutants.
In view of the above, we believe that without adequate protective measures, the potential impacts
associated with this proposed project could have a significant adverse effect on the Carolina
heelsplitter and its designated critical habitat. Accordingly we recommend the following:
Stream Buffers: Natural, forested riparian buffers are critical to the health to
aquatic systems. They: (1) catch and filter runoff, thereby preventing
nonpoint-source pollutants from reaching streams; (2) enhance the in-stream
processing of both point- and nonpoint-source pollutants; (3) act as "sponges"
by absorbing runoff, which reduces the severity of floods, and by allowing
runoff to infiltrate and recharge groundwater levels for maintaining flows
during dry periods; (4) stabilize stream banks and maintain natural channel
morphology; (5) provide coarse woody debris for habitat structure and most of
the dissolved organic carbon and nutrients necessary for the diets of mussels
and support of the aquatic food web; and (6) maintain air and water
temperatures. Within the watersheds of streams supporting endangered
aquatic species, we recommend undisturbed, forested buffers that are naturally
vegetated with trees, shrubs, and herbaceous vegetation and extend a
minimum of 200 feet from the banks of all perennial streams and a minimum
of 100 feet from the banks of all intermittent streams, or the full extent of the
100-year floodplain, whichever is greater. The placement of utility lines
(sewer, water, gas, transmission, etc.) and other infi-astructures that require
maintained cleared rights-of-way should not occur within these buffers. Any
unavoidable crossings of the buffers should be as narrow as possible and
should be perpendicular to the buffers and stream channel.
2. Storm-water Control: The expansion of urbanlsuburbun areas creates more
impervious surfaces (such as roofs, roads, and parking lots), which collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit
them (via storm-water runoff) to receiving waters. According to the
Environmental Protection Agency, this nonpoint-source pollution is one of the
2
•
major threats to water quality in the United States, posing one of the greatest
threats to aquatic life, and is also linked to,chronic and acute illnesses in
human populations from exposure through drinking water and-contact
recreation. Increased storm-water runoff also directly damages habitat,
causing,stream-bank and stream-channel scouring. In addition, impervious
surfaces reduce groundwater recharge, reducing stream flow in periods of
drought, with potentially catastrophic effects for mussels and,other aquatic
life. Accordingly; we recommend that.all new development, regardless of the
percentage of impervious surface area it, will ,create, implement storm-water
retention and treatment measures designed to replicate and maintain, the,
hydrograph at preconstruction condition to avoid, any additional impacts to the
habitat quality of the Goose Creek watershed. All storm-water outlets should
drain through a vegetated upland area prior to reaching any stream or wetland
area. Sufficient retention,designs should!be implemented to, allow: for the
slow discharge of storm water, attenuating the potential, adverse effects of
storm-water surges; thermal spikes; and sediment, nutrient, and chemical
discharges.
We recommend the use of low-impact development techniques, such as
reduced road widths and the use of grassed swales in place of curb and gutter
rain gardens, and wetland retention areas forretaining and treating
storm-water runoff rather: than the more traditional measures; such as. large
retention. ponds, etc. These designs often cost less to install and significantly
reduce environmental impacts from residential development., Also,,because
the purpose of storm-water-control measures is to protect streams and
wetlands, no storm-water-control measures or best; management practices
should be installed within any stream type or existing, wetland.

We also recommend that consideration be given to the,use of pervious
materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for
.the construction of roads, driveways,; sidewalks, etc. Pervious materials are
less likely to absorb and store heat and allow the cooler temperatures of the
earth below to;cool the pavement. Also pervious concrete requires less
maintenance. and.is less susceptible to freezeithaw cracking, due to large void,
spaces within the concrete. Andperyious surfaces minimize changes to the
hydrology of the watershed and, can be used to ;facilitate groundwater
recharge. .
3. Stringent measures to control sediment and erosion should be implemented
prior to any ground disturbance and should be maintained throughout project
construction. We strongly recommend that only native plant species be used
or; if an.adequate seed source cannot be found,;that noninvasive species (such
as annual rye) be used until native plants can reestablish themselves.
Temporary (e.g.; rye grain, wheat, millet) or permanent herbaceous vegetation
should be planted on all bare soil within 5 days of any ground-disturbing
activities to provide long-term erosion control. Biodegradable erosion-control
3
S1,-ntphyotrichum georgiantm (Georgia aster) may also occur within the impact area of the
project. This plant is a candidate' for listing as a federally endangered species. Candidate
species are not legally protected under the Act and are not subject to any of its provisions,
including section 7, unless they are formally proposed or listed as endangered or threatened. We
are including this species in our response to give you advance notification that the U.S. Fish and
Wildlife Service has determined that this species warrants federal listing as endangered and that
the species may be proposed for listing in the near future. We request your assistance in
protecting it if it is found in the vicinity of your project. Symphyotrichum georgianum is difficult
to identify outside its flowering season (early October to mid-November) and resembles two
other asters that occur in the same habitat. Symphyotrichum georgianum is a perennial that
occurs in dry open woods along roadsides and utility corridors, overgrown rights-of-way,
woodland borders, old fields, and pastures. If potential habitat for this species occurs within the
project impact area, we recommend that a survey for this species be conducted during the period
of early October through mid-November.
Four federal species of concern are known to occur in Mecklenburg County. They are: one
mussel species-Carolina creekshell (Villosa vaughaniana)-and three plant species-Lotus
helleri (Heller's trefoil), Nestronia umbellula (Nestronia), and Delphinium exaltaturn (tall
larkspur). Please note that, like candidate species, federal species of concern are not legally
protected under the Act and are not subject to any of its provisions, including section 7, unless
they are formally proposed or listed as endangered or threatened. However, because the
information currently available to us indicates that these species are becoming increasingly rare
throughout their range and may warrant federal listing as endangered or threatened in the near
future, we are including them in our response to give you advance notification and to request
your assistance in protecting them. Efforts to avoid impacts to these species may help preclude
the need to list them.
We appreciate the opportunity to provide these comments. We would happy to meet with you
and the applicant to discuss our concerns. Please contact Mr. John Fridell of our staff at
828/258-3939, Est. 225, if you have any questions. In any future correspondence concerning
this project, please reference our Log Number 4-2-05-363.
Sincerely,
Brian P. Cole
Field Supervisor
I "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological
i-ulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not
yet been issued because this action is precluded at present by other listing activity. Development and publication of
proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as
other affected parties to give consideration to these taxa in environmental planning" (Federal Register,
February 28, 1996). Taxa formerly considered as "Category I" are now considered as "candidates."

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' Er"" stes I ?! t1c4
Environmental Design & Consulting
November 6, 2006
Mr. John Dorney 2 0 0 6 1 7 9 6
NC Division of Water Quality
2321 Crabtree Blvd. PA'111ENT
Suite 250 RECEIVED
Raleigh, NC 27604-2260
Subject:. R,
Ls l ?s L
PCN for the Fairington Oaks Project
J.D. & PCN Forms for 50 acre site
Mecklenburg Co., N.C
Dear Mr. Dorney,
I have enclosed a Pre-construction Notification for a NWP 39 with exhibits. A 404 was
i
received 9.26.05. Responses to scoping letters have been received from SHPO &
USFWS.
Please contact me with any questions you may have.
You may send me an e-mail to Chris(cD-EstesDesign.com or contact me at office,
704.841.1779 or cell, 704.400.1483
Sincerely,
Christopher J. Estes, RLA, ASLA
Landscape Architect, N.C. & S.C.
UU a
NOV 3. ?s 2006
iL:rf Syr, _t
Enclosure;
Cc. FILE
• P.O. Box 79133 Charlotte, N.C. 28271-7050 • Phone / Fax [phone] •
i-
iFairington Oaks
Mecklenburg County
North Carolina
Pre-construction Notification Form and Supporting Documentation
for
U.S. Corps of Engineers Section 404 & 401 Permits
Prepared for.
Fairington Oaks, LLC
Prepared by:
$ Ue ?
Environmental Design & Consulting
P.O. Box 79133 Charlotte. N.C. 28271
2
Fairington Oaks
Mecklenburg County, NC August 9, 2005
Office Use Only: 2 0 0 6 1 7 Form 9 Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing Pig, MENT
RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not
,required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
Applicant Information ra ,-;, I 7; 77
R
1. Owner/Applicant Information [Sf
Name: I'1 V .? k ZO(;6
Fairington Oaks, LLC ti 1r
b-gl* I1o?~ ex 1518 East Third St. Suite 200
Charlotte, NC 28204
Telephone Number: [phone] Fax Number:
E-mail Address: bhopperOnewsouthprop.com
2. Agent 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: Christopher J. Estes
Company Affiliation: Estes Design Inc.
Mailing Address: P.O. Box 79133 Charlotte NC 28271
Telephone Number: [phone] Fax Number: Same
E-mail Address: Chrisna,EstesDesign.com
2
3
Farrington Oaks
Mecklenburg County, NC August 9. 2005
Project Information
Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as
totiNms, 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.
NTame of project: Fairington Oaks
1
T1P_ Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4_ Location County: Mecklenbum
Nearest Town: Mint-Hill
Subdivision name (include phase/lot number):
Directions to site (include road numbers; landmarks, etc.): See location map attached
5_ Site coordinates, if available (UTM or Lat/Long): 35.08'46"N, 80.39'.38"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. Describe the existing land use or condition of the site at the time of this application: Partly wooded
previously amiculture.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Stevens Creek
9_ River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin
map is available at http-/jh2o_enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work Subdivision of property into Single Family.
4
Fairington Oaks
Mecklenburg County, NC August 9. 2005
11. List the type of equipment to be used to construct the project: bulldozer, trackhoe & road
grader
12. Describe the land use in the vicinity of this project: Residential & Agricultural
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.
NA
Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application: NA
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.
Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of 100-year Nearest
Type of Wetland***
(indicate on Impact* acres)
(acres) Floodplain** Stream
ma) (yes/no) (linear feet)
Fresh Water

Farrington Oaks
hlecklenburg County, NC August 9. 2045
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading,
excavation, flooding ditching/drainage, etc. For dams, separately list impacts due to both structure and tlooamg.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or
FEIUAapproved local floodplain maps- Maps are available through the FEMA Map Service Center at 1-300-358-9616, or online at
hmo-':wulv.iema _ov.
List a ,N-etland type that best describes wetland to be impacted (e. g- freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay,
pc"--- etc. }
List the total acreage (estimated) of existing wetlands on the property: approx. 0.73 ac
Total area of wetland impact proposed: 0 ac.
I Stream Impacts, including all intermittent and perennial streams

Stream Impact

Site Number

(indicate on
map)

ype of

Impact*
Length
°
of Impact

(linear
feet)

tream Name** Avera
Width ge
of

Stream
Before
Impact

Perennial or

Intermittent?
(please specify)
BD-1 Road Culvert 95 Unamed Trib. 3.5' Perennial

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams
(separateh. list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization
activities (cement w-.-IL rip-rap, crib -,-a! L ;abions, etc.). excavation, ditchinJstraiahtening, etc. If stream relocation is proposed, plans and
profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream
named stream into which it flows. USGS maps are available through the USGS at 1-800-338-9616, or online at w-\i\v.usgs.gov_ Several
internet sites also allow direct download and printing of USGS maps (e.g., Nv.topozone.com. vw\Nv-mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 95'
3_ Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other
Water of the U. S.
f, Open %Vater Area
Name of Waterbody Type of Waterbody
Impact Type of Impact* of
(if applicable) (lake, pond, estuary, sound,
Site Number Impact bay, ocean, etc.)
Fairington Oaks
Mecklenburg County, NC August 9, 2005
on I . I (acres)
NA
List each impact separately and identify temporary impacts. Impacts include, but are not
drainage, bulkheads, etc.
ding,
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included above in
the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated
on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve
or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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 road crossing was moved up stream to avoid any wetlands impact
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
8
Farrington Oaks
M..ecklenburg County, NC August 9, 2005
If yes, does the project require preparation of an environmental document pursuant to the requirements of
the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure
whether a NEPA/SEPA document is required, call the SEPA coordinator at [phone] to review
current thresholds for environmental documentation.
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
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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.
I Zone* I Impact I Multiplier I R;equirl
r
1.5
i Total I I
Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B .0242 or. 0260.
Stormwater (DWQ Only)
8
1 9
Fairington Oaks
Mecklenburg County. NC August 9, 2005
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.
Sewage Disposal (DWQ Only)
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.
Violations (DWQ Only)
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
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).
(icl. ? 94no.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
! USArmy Corps Of Engineers Field Offices and County Coverage
9
10
Fairington Oaks
Mecklenburg County. NC
August 9. 2005
Asheville Regulatory Field Office Alexander Cherokee Mecklenburg Mitchell
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabamis Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the 'Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chow-an Hertford Pasquotank
Fat: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
L'SFish and If ldlife SenTcelXational.kfarine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fat: [phone]
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street -
Asheville, NC 28801
Telephone: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management
1638 tifail Service Center
Raleigh, NC 27699-1638
Beaufort Cho-wan
Bertie Craven
Brunswick Currituck
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
10
Fairington Oaks
Mecklenburg County, NC
Telephone: [phone]
Fax: [phone]
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator Buncombe
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
August 9, 2005
Camden Dare
Carteret Gates
NCWRC and NC Trout Counts
Alleghany Caldwel
Ashe Mitchell
Avery Stokes
Burke Surry
Henderson Polk
Cherokee Jackson
Clay Macon
Graham Madisor
Haywood McDow,
11
Onslow Tyrrell
Pamlico Washington
Watauga
Wilkes
Rutherford
Swain
Transylvania
Yancey
11
toawwwowy QMM"
Agent Certification Of Authorization
?AR- ,
1 1 C~Z-- representing t/T
Of Address:
16-18' Skr -1?7 P' PSr-i ?v i -1-6 Zno C*gu m
c.-Mzd ?-
?? F......?.• ?•+? , that r hsva a»thnt rad Christopher J. Estes of Estes Design Inc.
environmental design and consulting to act on my behalf and take all actions necessary
far the processing, issuance and acceptance of thl3 permit and any and all standard and
special conditions attached.
Ws herSby-cetVfy the, above information submitted his a atlon is true and accurate to the
be our knowfedge.
;Applicant's signatur# --fhTM'??'r? ,gems sip a ure
q/4, /aj.5,
Date ----? ------ --- Date- - ------------_---------
P.O. Bnx T8133 Chartme, N.C. 28271-705o - Phono! Fax p04) 34.1-177a -
Farrington Oaks
Mecklenburg County, NC August 9, 2005
12
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Fairington Oaks
Environmental Design & Consulting Mecklenburg County, N.C.
P.O. Box 79133 Charlotte, NC 28271 EXHIBIT 1 USGS Location Map
Environmental Design & Consulting 4
P.O. Box 79133 Charlotte, NC 28271
Fairington Oaks
Mecklenburg County, N.C.
EXHIBIT 2 USGS Topo Map
r I 000 FEET 0 M 1000 METEHs I
Ported fiom TOPOI =1 NdmW OeogF ow HoI&V (www.topo.coW
Estes Rftl% I
Environmental Design & Consulting
P.O. Box 79133 Charlotte, NC 28271
Fairington Oaks
Mecklenburg County, N.C.
EXHIBIT 3 GIS Aerial Map
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Environmental Design & Consulting Mecklenburg County
P.O. Box 79133 Charlotte, N.C. 28271 49:iz. Soils Map
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Environmental Design & Consulting
PA. Box 79133 Charlotte, NC 28271
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Sample No.: 1
By: CJE
Ol
Do Normal Circumstances exist on site? 03 No Community ID:
Have vegetation, soils, or hydrology been disturbed? Yes Field Map No.:
Is the area a potential Problem Area? Yes Plot ID: A
(If needed, explain on reverse.)
VV!_FT A TTAN --; a*\
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Fraxinus pennsylvanica T FACW 9. Ludwigia H OBL
2. Fraxinus americanus T FACU 10. Paspalum laeve - wetland grass H FACW=
3. Acernegundo T FACW 11. Juncus effusus H FACW+
4. Acerrubrum T FAC 12. Carex sp. H FACW
5. 13. Andropogon virginicus H FAG-
6. 14.
7.
15.
s
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-). Include species noted (*) as showing
morphological adaptations to wetlands. 8/9 = 89%
Describe Morphological Adaptations:
Remarks:
This sample plot is along a forested stream corridor that was dammed by beaver.
I
i
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gage
_X Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: 148" (in.)
Depth to Free Water in Pit: <12" (in.)
Depth to Saturated Soil: (in.)
Wetland Hydrology Indicators:
x_ Inundated
x Saturated in Upper 12 inches
x Water Marks
x Drift Lines
x Sediment Deposits
x Drainage Patterns in Wetlands
x Oxidized Root Channels in Upper 12 Inches
x Water-Stained Leaves
Local Soil Survey Data
Other (Explain in Remarks)
Project Fairington Oaks
Name:
Project No.:
Date: 12.23.03
Remarks:
The soil survey indicates a "perched" shallow water table due to an impervious soil layer.
c?rr c
rap l r^t Name: Moncan Mo Drainage Class: SPD
Taxororav Field Observations
(Subgroup). Confirm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fluvaquntic
Eutrochrepts
T4rfilz Dt--Tipticn:
Matrix Color Mottle Colors Mottle Texture, Concretions,
h (vn l?°s) Horizon (MunsellMoist) (Munsell Moist) Abundance/Contrast Rhizospheres, etc.
0 E> A 5YR4/5 5Y 5/3 few/disitnct Sandy loam
7-11° B IOYR 4/2 5Y 511 Many/prominant Sandy clay loam
Hydric Soil Indicators:
Histosol x Concretions
Estic Epipedon High Organic Content in Surface Layer
Sulfidic Odor x Organic Streaking
x Aquic Moisture Regime Listed in Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils Lists
x Gleyed or Low-Chroma Colors x Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
WETLAND DETERAHNATION
Hydrophytic Vegetation Present? 23 \To Is this Sampling Point Within a Wetland? No
Hydric Soils Present? No
Wetland Hydrology Present? \To
Remarks:
fie Dests; I'c-.
'Environmental Design & Consulting
P.O. Box 78133 Charlotte, NC 28271
Project Fairington Oaks
Name:
Project No.: Sample No.: 2
Date: 12.23.03
By: CJE
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
01
Do Normal Circumstances exist on site? No Community ID:
Have vegetation, soils, or hydrology been disturbed? Yes Field Map No.:
Is the area a potential Problem Area? Yes Plot ID: B
(If needed, explain on reverse.)
VEGETATION (Note those species observed to have morphological adaptations to wetlands with a')
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Quercus Rubrum T FAC 9.
2. Fraxinus americanus T FACU 10.
3. Acernegundo T FACW 11. Juncus effusus H FACW+
4. Acer rubrum T FAC 12. Andropogon virginicus H FAC-
5. 13.
6. 14.
7.
15.
8.
16.
Percent of Dominant Species that are OBL, FACW, or FAC
(except FAC-). Include species noted (*) as showing 6n = 86%
morphological adaptations to wetlands
Describe Morphological Adaptations: NA
Remarks:
Indications of beaver.
j
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gage
_ Aerial Photographs
Other
No Recorded Data Available Wetland Hydrology Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Field Observations: Sediment Deposits

Depth of Surface Water: NA (in.) Drainage Patterns in Wetlands
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: NA (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: (in.) Other (Explain in Remarks)
Remarks:
USDA soil survey describes brief flooding and apparent high water table Nov. -May
J V lJ...7
*` ;? at `i tee: ?loncan 1fo Drainage Class: SPD
Taxonomy Field Observations
(Subgroup): Confirm Mapped Type? Yes: No:X
Fine, Loamy mixed thermic Fluvaquntic
Eutrochrepts

:Matrix Color Mottle Colors Mottle Texture, Concretions,
rJr^? ?r ct ) Horizon (Mimsell Moist) (Xfunsell !Moist) Abundance/Contrast Rhizospheres, etc.
0 6 A 5YR 4Y'6 none none Sandy loam
,-14", B IOYR 4/3 5Y 5/5 few/distinct Sandy clay loam
Hv dr c Soil Indicators.
Histosol Concretions
Hstic Epipedon High Organic Content in Surface Layer
Sulfidic Odor - Organic Streaking
Aquic Moisture Regime Listed in Local Hydric Soils List
_ Reducing Conditions Listed on National Hydric Soils Lists
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks
USDA soil survey describes brief flooding and apparent high water table Nov. -May
%'ETL..4,,i"D DETERAHNATION
Hydroph}tic Vegetation Present? Yes No Is this Sampling Point Within a Wetland? Yes No
Hydric Soils Present'? Yes No
Wetland Hydrology Present? Yes No
Remarks:
This is an example of an upland area adjacent to wetlands.
1
Y
t
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200532810 County: Mecklenburg USGS Quad: Mint Hill
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: FairinQton Oaks, LLC
Address: 1518 East Third Street, Suite 200
Charlotte, NC 28204
Telephone No.: 704-370-0303
Size and location of property (water body, road name/number, town, etc.): The site is located near
Mintwood Drive and Well Road, in Mint Hill, Mecklenburg County, North Carolina.
Description of projects area and activity: This permit authorizes the placement of fill associated with
the construction of a road crossing for the Fairington Oaks Subdivision. Impacts to stream
channels authorized by this permit are 95 linear feet.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvaWpermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: September 26, 2005
Expiration Date of Verification March 18, 2007

Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Sccticn :04 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued-. Action ID
Basis of Jurisdictional Determination: T1te site contains stream channels with indicators of ordinary high water
[narks. The stream channel on the property is an unnamed tributary to Stevens Creek, which flows into the Yadkin
River and ultimately flows to the Atlantic Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Ofncial: Amanda Jones
Date September 26. 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS,. ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Chris Estes, P.O. Boa. 791 33, Charlotte, NC 28271-7050
! ?d ?S!/SIFO
vsv+
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael F. Easley-, Governor Office of Archives and I Iistory
l.isbeth C. Exams, Secretsrp M ision of Historical Resources
,der fret'.l. Creme, Dcput),Secretary David Brook, Director
September 13, 2005
Christopher J. Estes, RLA, ASIA
Estes Desig Inc.
PO Box 79133
Charlotte, NC: 28271-7050
Re: Historic Structures Inquiry, Fairington Oaks, Mecklenburg County, ER 05-1872
Dear 1\Ir. Estes:
's'hank you for your letter of August 11, 2005, concerning the above project.
We have conducted a search of our maps and files and have located die following properties of architectural
and historical interest, adjacent to or within the proposed project boundaries.
? 1\4K 1211 Sloan House, NE side SR 3173.8mi SI; of jct. w/NC 51
? MK 1217 T. C. Wilson House NE side SR 3173.55 mi SE of jct. w/NC 51.
i
As the project boundaries were not included in your request for review, we are unable to determine the
possible impact the proposed activity may have on the above-mentioned properties. Furthermore, there has
not been a comprehensive survey of the area since 1987, therefore we are unable to establish whether the
properties in question are still extant, or if they have attained National Register significance. Thus the project
as outlined could have an adverse effect on the above-mentioned properties. The planned activities are,
therefore, subject to Section 1,06 of the National Historic Preservation Act and the regulations of the
Advisory Council on Historic Preservation.
Please note that any proposed activities that use federal funds, or which requires a federal permit and which
may affect historic properties, are subject to review by the State Historic Preservation Office. Proposed
activities that are within or adjacent to a National Register-listed or eligible property have the potential to
affect the historic property.
To complete our review we will need to see photographs of any structures fifty years old or older on or
adjacent to the project site, please send us photographs (digital snapshots are fine) of each structure. These
photographs should be keyed to a map that clearly shows the project boundaries. If there are no buildings
fifty years or older on or adjacent to the project site, please notify us of this in writing. We will complete our
review upon receipt of this information.
Location Alailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount Street. Raleigh NC. 4617 Mail Ser,-ice Center, Raleigh INC 27699-4617 [phone]/713-8653
RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mal Service Center, Raleigh NC 27699-4617 [phone]/715-4801
SURVEY & PLANNING 515 N. Blount Street, Raleigh. NC. 4617 Marl Serv6ce Ccntcr, Raleigh NC 2+699-4617 [phone]/715-4811

North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter 11 S=dbmk, Administrator
NEchr-ei F. F=skr. Govcznnr Office of Arehivw and History
1. h i C_ E-=_-. F=cam Division of Historical Resources
tef7rtr J. C n-) . Dqurv rn orv David Brook, Director
September 27, 2005
Christopher ). Estes, RL N, ASLA
Estes Design Inc.
PO Box 79133
Charlotte, NC 28271-7050
Rc: Historic Structures Inquiry, Pairington Oaks, Mecklenburg County, ER 05-1872
Dear Mr. Estes:
Thank you for your letter of September 19, 2005, forwarding additional information concerning the above
project.
Based on the information submitted, we have determined that the project as proposed will not have an effect
on any historic structures. We therefore have no comment.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
:Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerer,
Peter Sandbeck
Locadoa NUilias Address Telephone/Fax
DR1IPIISTRAT10 3<i7 N_ 1 ks -_r tit e? R ?,h NC 4617 Ata3 ccnicc c,.tcr, Raleigh NC 276 17 (919)733.4?63/733$G53
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 23, 2005
Mr. Christopher J. Estes, President
Estes Design Inc.
P.O. Box 79133
Charlotte, North Carolina 28271-7050
Dear Mr. Estes:
Subject: Proposed Fairington Oaks Residential Development in Mint Hill, Mecklenburg County,
North Carolina
We have reviewed the information you sent us conceming.the subject project as requested by
your letter of August 11, 2005. The following comments are provided in accordance with the
provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
According to the information you provided, the subject development is proposed to be
constructed within the Stevens Creek watershed and will require a proposed crossing of a
tributary to Stevens Creek. Stevens Creek is a headwater tributary to Goose Creek, and we are
extremely concerned about the potential effects of the proposed project to the federally
endangered Carolina heelsplitter (Lasinigona decorata) and its designated critical habitat in
Goose Creek. Goose Creek, downstream of the proposed project site in Union County, North
Carolina, currently supports one of only seven known surviving populations of the federally
endangered Carolina heelsplitter (one of only two North Carolina populations). Also, the main
stem of Goose Creek, from the North Carolina Highway 218 Bridge crossing, downstream to its
confluence with the Rocky River, is officially designated as critical habitat for the Carolina
heelsplitter. Six of the seven surviving populations are considered to be small, restricted to
relatively short stream reaches, and highly vulnerable to extirpation. The seventh population was
only recently discovered in a tributary to the Catawba River in South Carolina, and the extent
and status of that population is currently unknown, but preliminary information indicates that it
is also extremely restricted in range.
Residential and commercial growth in the Goose Creek watershed, including Stevens Creek, in
Mecklenburg and Union Counties has contributed to the significant degradation of aquatic
habitat in Goose Creek and a serious decline of the Carolina heelsplitter population in this

stream, Monitoring conducted by the North Carolina Wildlife Resources Commission has
documented a marked decline in the range and abundance of all native mussel species throughout
Goose Creek and at least a 50-percent decline in the range of the Carolina heelsplitter in this
stream in recent years. Stream-channel and stream-bank stability, required by freshwater
mussels, have already been degraded in a number of areas throughout the watershed. Changes in
the stream's hydrology due to the loss of forest cover and an increase in impervious surfaces
appear to be the major factor contributing to this channelibank instability. In addition, the North
Carolina Division of Water Quality (NCDWQ) has classified Goose Creek as having impaired
water quality and has placed this stream on the list of impaired waters under Section 303(d) of
the Clean Water Act. Water quality monitoring in Goose Creek (conducted by the NCDWQ, a
private consultant, and members of our staff) has documented levels of several pollutants that are
toxic or harmful to freshwater mussels and exceed the State's water quality standards or
action°concern levels. Nonpoint-source storm-water runoff from residential and commercial
developments within the watershed has been implicated as a factor contributing to elevated
levels of many of these pollutants.
In view of the above, we believe that without adequate protective measures, the potential impacts
associated with this proposed project could have a significant adverse effect on the Carolina
heelsplitter and its designated critical habitat. Accordingly we recommend the following:
1. Stream Buffers: Natural, forested riparian buffers are critical to the health to
aquatic systems. They: (1) catch and filter runoff, thereby preventing
nonpoint-source pollutants from reaching streams; (2) enhance the in-stream
processing of both point- and nonpoint-source pollutants; (3) act as "sponges"
by absorbing runoff, which reduces the severity of floods, and by allowing
runoff to infiltrate and recharge groundwater levels for maintaining flows
during dry periods; (4) stabilize stream banks and maintain natural channel
morphology; (5) provide coarse woody debris for habitat structure and most of
the dissolved organic carbon and nutrients necessary for the diets of mussels
and support of the aquatic food web; and (6) maintain air and water
temperatures. Within the watersheds of streams supporting endangered
aquatic species, we recommend undisturbed, forested buffers that are naturally
vegetated with trees, shrubs, and herbaceous vegetation and extend a
minimum of 200 feet from the banks of all perennial streams and a minimum
of 100 feet from the banks of all intermittent streams, or the full extent of the
100-year floodplain, whichever is greater. The placement of utility lines
(sewer, water, gas, transmission, etc.) and other infrastructures that require
maintained cleared rights-of-way should not occur within these buffers. Any
unavoidable crossings of the buffers should be as narrow as possible and
should be perpendicular to the buffers and stream channel.
2. Storm-water Control: The expansion of urban/suburban areas creates more
impervious surfaces (such as roofs, roads, and parking lots), which collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit
them (via storm-water runoff) to receiving waters. According to the
Environmental Protection Agency, this nonpoint-source pollution is one of the
2

mayor threats to water quality in the United. States, posing one of the greatest
threats to aquatic life, and.is also linked to,chronic and acute illnesses in
human populations from exposure through drinking water, and, contact?
recreation. Increased storm-water runoff also directly damages habitat,
causing stream-bank and stream-channel: scouring. In addition, impervious
surfaces reduce groundwater recharge,,reducingstream flow in periods of
drought, with potentially catastrophic effects for mussels and other aquatic
life. Accordingly; we recommend that all new development, regardless of the
percentage of impervious surface area-it will. create, implement storm=water
retention and treatment measures designed to replicate and maintain, the
hydrograph at preconstruction condition to. avoid, any additional impacts to the
habitat quality of the Goose Creek watershed. All storm-water outlets should
drain through a vegetated upland area prior to reaching any stream or wetland
area. Sufficient retention, designs should7be implemented to allow for the.
slow discharge of storm water, attenuating the potential adverse effects of
storm-water surges; thermal spikes; and sediment, nutrient, and chemical
discharges.
We recommend the use of low-impact development techniques, such as
reduced road widths and the use of grassed swales in place of curb. and gutter,
rain gardens, and wetland retention areas for retaining and treating
storm-water runoff rather than the. more traditional measures. such as large
retention. ponds, etc. These designs often cost less to install and significantly
reduce environmental impacts from residential development. Also, because
the purpose of storm-water control measures is to,protect streams and .
wetlands, no storm-water-control measures or best. management practices
should be installed within any stream type or existingmetland.
We also recommend that consideration be given to the, use of pervious
materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for
the construction of roads,. driveways, sidewalks, etc. Pervious materials are
less likely to absorb and store heat and allow the cooler temperatures, of the
earth.below.to cool the,pavement. Also pervious concrete requires less3
maintenance, and-is less susceptible to freezeithaw cracking due to large void
spaces within the concrete. Andpervious. surfaces minimize changes to the
hydrology of,the watershed and, can.be used to facilitate groundwater
recharge.
3. Stringent measures to control sediment and erosion should be implemented
prior to any ground disturbance and should be maintained throughout project
construction. We strongly recommend that only native plant species be used
or, if an.adequate seed source cannot be found, that noninvasive species (such,
as annual rye) be used until native plants can-.reestablish themselves.
Temporary (e.g., rye grain, wheat, millet) or permanent herbaceous vegetation
should be planted on all bare soil within 5 days of any ground-disturbing
activities to provide long-term erosion control. Biodegradable erosion-control
3

Svmphyotrichum georgianum (Georgia aster) may also occur within the impact area of the
project. This plant is a candidate for listing as a federally endangered species. Candidate
species are not legally protected under the Act and are not subject to any of its provisions,
including section 7, unless they are formally proposed or listed as endangered or threatened. We
are including this species in our response to give you advance notification that the U.S. Fish and
Wildlife Service has determined that this species warrants federal listing as endangered and that
the species may be proposed for listing in the near future. We request your assistance in
protecting it if it is found in the vicinity of your project. Symphyotriehum georgianum is difficult
to identify outside its flowering season (early October to mid-November) and resembles two
other asters that occur in the same habitat. Syntphyotrichum georgianum is a perennial that
occurs in dry open woods along roadsides and utility corridors, overgrown rights-of-way,
woodland borders, old fields, and pastures. If potential habitat for this species occurs within the
project impact area, we recommend that a survey for this species be conducted during the period
of early October through mid-November.
Four federal species of concern are known to occur in Mecklenburg County. They are: one
mussel species-Carolina creekshell (Villosa vaughaniana)-and three plant species--Lotus
helleri (Heller's trefoil), Nestronia umbellula (Nestronia), and Delphinium exaltatum (tall
larkspur). Please note that, like candidate species, federal species of concern are not legally
protected under the Act and are not subject to any of its provisions, including section 7, unless
they are formally proposed or listed as endangered or threatened. However, because the
information currently available to us indicates that these species are becoming increasingly rare
throughout their range and may warrant federal listing as endangered or threatened in the near
future, we are including them in our response to give you advance notification and to request
your assistance in protecting them. Efforts to avoid -impacts to these species may help preclude
the need to list them.
We appreciate the opportunity to provide these comments. We would happy to meet with you
and the applicant to discuss our concerns. Please contact Mr. John Fridell of our staff at
828/258-3939, Est. 225, if you have any questions. In any future correspondence concerning
this project, please reference our Log Number 4-2-05-363.
Sincerely,
Brian P. Cole
Field Supervisor
1 "Taxa for which the Fish and Wildlife Service has on file enough substantial information on biological
,-ulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not
yet been issued because this action is precluded at present by other listing activity. Development and publication of
proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as
other affected parties to give consideration to these taxa in environmental planning" (Federal Register,
February 28. 1996). Taxa formerly considered as "Category 1" are now considered as "candidates."

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