20040798 Ver 1_Complete File_20040517

William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
6? -7
Alan W. 10imek, P.E., Director
p Division of Water Quality
Coleen H. Sullins
. Deputy Director
i
Project Manager
Simonini Builders
817 E Morehead St. j
Charlotte, NC 28202
WETLANDS / 401 GROUP
JUN 2 9 2004
WATER QUALITY SECTION
Division of Water Quality
June 21, 2004
DWQ# 04-0798
Mecklengurg County
APPROVAL of 401 Water Quality Certification with Additional Conditions,
Dear Sir or Madam:
I;
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.21
acre of wetland for the, I construction of the Park South Development in Mecklenburg County, as described in
your application received by the Division of Water Quality (DWQ) on May 6, 2004. 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.eir.stat9.nc.us/ncwetlands. The General Certification
allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permits expire 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.
For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the
additional conditions listed below:
1. 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/ncwetlands.
2. A final written stormwater management plan shall be approved in writing by this Office prior to the
construction of any permanent facilities at the subject site. The stormwater facilities must be designed to
treat the runoff fro,'m the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by
this Office) shall be constructed and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns' must be maintained in perpetuity. No changes to the structural stormwater practices shall
be made without written authorization from the Division of Water Quality.
N??oft?nttCarolina
?Vatura!!J
' r?i4?
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
NCO [t'om'
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httn://h2o.enr Mate nc usmcwetlands)
Customer Service 9: 1-877-623-6748
irequired for this project shall be installed in such a manner that the original stream profiles are
i.e. the depth of the channel must not be reduced bmaintained Existing
above and below locations of each
3. The culverts not altered
stream dimensions (including the pattern and profile) are to be movement as
culverts shall be designed and installed to allow for aquatic ached , t the app well as to prevent
ro riate stream
culvert. The pipes are or be perched
head cutting of the streams. If any of the existing stalled in a perched manner, he pipes shall be removed
grade shall be re-established or, if the pipes are
and re-installed correctly. the
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond footprint of the impacts depicted in the Prec ruction Notification application. All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur.
be in ion and sediment control practices must utilize Best anag me t Pracandsoperat on and ma n enance of
5. Eros
compliance with all specifications governing the proper
such BMP in order to protect surface water standards:
pacified in the most recent version of measures
installation,-operation, and -maintenance-of
l be uirements
must such that they equal, or exceed, the req
North Carolina Sediment and Erasion Control Manual. l• The nc?luding shalcont actoraowned oal
construction sites, borrow pit sites, and waste pile (spoil) projects,
leased borrow pits associated with the project. easures b. For borrow pit sites, the erosion and sediment control
recent ears ont b thesigne Caroinstalled, Surface
operated, and maintained in accordance with t of North a
Mining Manual.
c. The reclamation measures and implementation these measures must be in accordance with the
requirements of the Sedimentation Pollution Control
6. Sediment and erosion control measures shall not be place devices d in we ands or at rs to therm aximum dame
practicable. If placement of sediment and erosion contra
e shall be removed and the natural grade restored within six months of the date the Division of Land
to y
Resources has released the project.
7. Upon completion the project, the applicant shall complete and return the enclosed "Certificate of uality.
ease
phot CornPIetionT form to the 401 /Wetlands Unit of the NC Division
correctanstallation along with the Cert?cate of
upstream and downstream of each culvert site to document
Completion form.
. Continuing Compliance. Simonini Builders shall conduct its activities in a manner consistent with state water
-- ---Water Act)
--ction 303(4)-of the Clean and??
- __pHance with se
fo
quality standards-late re ui any-requiremen ts r_co ermines
that such any other appropriate requirements of state and federal law.
or ach evted use) or that ate orf federal law is
are not being met (including the failure to sustain a designated tassure compliance, DWQ may reevaluate and
being violated, or that further conditions are necessary to
D and
modify this certification to include conditions appropriate to assure compliance with such standards
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, WQ shall notify accordance Simonini Builders and the US Army Corps of Engineers, provide public
1notice 5A NCAC 2H 0504. Any 5A NCAC
2H.050 and opportunity for public hearing in accordance new or
.0 c provide revised conditions shall be provided to Simonini Builders ed writing, to Section 404 of the Clean Water Act,
Army Corps of Engineers for reference in any permit ism pursuant
and shall also become conditions of the 404 Permit for the project. h rin You
for an adJudicatory ea g.
If you do not accept any of the conditions of this certification, you may ask send a written petition that
must act within 60 days of the date ?tCarolinnaa General Statutes to the Office of Administrative Hearings, 6714
conforms to Chapter 1508 of the North
MEMORANDUM
TO: John Dorney Regional Contact: Alan Johnson
Non-Discharge Branch WQ Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Park South Development do Simonini Builders
Project Number 04 0798
Recvd From App
Received Date 5/17/04 Recvd By Region
Project Type
County Mecklenburg
County2
Region Mooresville
Certificates Stream Stream Impacts (ft.)
Permit-Wetland--Wetland . _WetlandStream Class Acres Feet - -
Type Type Impact Score Index Prim. Suoo_ `- aasin - `Rea_ - ??,- --
39 F_ P-7 -@N F-I F_ F F ?- F-F- _
o
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y QQ N Did you request more info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? O Y 0 N
Recommendation: Q Issue Q Issue/Cond Q Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Staff visit .d the site on un J- 2 004 Applicant r , .sts al2oroval to imQqct otentially 400 ft of
stream and 0.21 XqGre of wetlqnd- Thp area is nra a in a resident i The
wetland (to hp filled) is the r suit of a pond that wns drained end overtime has ciiTen .n The Stream
is o minima D an width It gI2 arc to ha more of " rl, • -,gp_
f .a_t ur .. No stream characteristics w r . obs .rv .d. No water 'was flowing tt rough the "chine
annel "
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
i
TO: John Dorney
Non-Discharge Branch
i
SUBJECT: WETLAND STAFF REPORT
Regional Contact:
WO Supervisor:
Date:
AND RECOMMENDATIONS '/ha
Facility Name Park South Development c/o Simonini Builders
Project Number 04 ;0798
Recvd From APP
aV ff7)u,
Coup Mecklenburg
County
Region' Mooresville
Received Date 5/17/04 Recvd By Region
Project Type
Certificates I Stream Stream Impacts (ft.)
Permit `Wetland Wetland Wetland Stream Class Acres Feet ME
Type Type Impact, Score Index Prim. Supp. Basin Req. Req.
39 wetlandO Y _0N r__ 11-137-8 r C F_30,834. 0.75 F- F-
F--F-o x O N F-F-F-F-F-F- Imo- ? --
Mitigation Wetland
MitigationType Type Acres, Feet
Is Wetland Rating Sheet Attached .
g S O Y O N Did you request more info?O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
i
Is Mitigation required? O Y ON Recommendation: *issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
wetland (to be filled) islhe result of a pond that was drained and overtime has silted in. The stream
mentioned in the application is of minimal dept and width. It appears to be more of a drainage
feature. No stream characteristics were observed. No water was flowing through the "channel."
cc: Regional Office
Central Office Page Number 1
- I
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality u esvil a Regional Office Clean-6 ter Ac or
If you have any questions, please telephone Alan Johnson in the oor at 7043-1699
Cyndi Karoly in the Central office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJlaj ;
Attachments
I
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, WQ Pgm, Mecklenburg
Sean Connolly, ESP
Central Files
File Copy
i.
i.
?0? WA
T X94
7
r
- JG.1
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. IlWmek, P.E., Director
Division of Water Quality
Colas H. Sullins, Dgxty Directs
Division of Water Quality
WETLANDS/401 GROUP June 8, 2004
Mecklenburg County
DWQ # 04-0798
JUN Y. 5 2004
Project Manager
Simonini Builders
817 E Morehead St:
Charlotte, NC 28202
Subject: Park South Subdivision
Dear Sir or Madam
On May 6, 2004, the NC Divisii
401 Water Quality Certification for i
County.
Based on the sjze of the tract c
(37), it is requested that calculation
etc.) for the subdivision be submittc
an approved stormwater managem
Until the DWQ receives the rec
that the Corps of Engineers place t
processing pursuant to 15A NCAC
Thank you for your prompt atte
Alan Johnson at [phone] or
WATER QUALITY SECTION
of Water Quality (DWQ) received your application for a General
construction of the Arbor Oaks Subdivision in Cabarrus
land to be developed (12 acres) and the number of lots proposed
documenting the impervious area (streets, sidewalks, homes,
i to the DWQ for review. Given the density of the development
rat plan may be required.
uested information, this office is requesting (by copy of this letter)
its project on hold. Also, this project will be placed on hold for our
2H .0507(h).
ntion to this matter. If you have any questions, please contact
Cyndi Karoly in Raleigh at [phone].
Sincerely,
D, 4-1-1
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc:
Corps of Engineers Asheville
Cyndi Karoly - Wetlands Unit
Sean Connoly ESP
File Copy
Central Files
)Maluttalr;
N. C. Division of Water Quality 401 Wetlands Cert
1650 Mad Service Center, Raleigh, NC 27699.1650
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Loa
[phone] (nhane). 919--733.6993 Maxi. (httn:.
Unit,
I Address)
crate. nc.m/ncivetlandcl
3T.
r- NCDENR MR
Fax:[phone]
FAI
k
t
FAX, TO- ( ?_-
FROM.
Jun
NC
North C,
Environr
Locatio
Moores
Phone
FAX NUMB

' DENR..
rolina Department or
ent and Natural Resources
919 North Main Si = rt
]Ile, NC 28i 15
41663-1699 F=704166?6D4D
f
i - .
PHONE
ND. pr- PAGES INCLUDING THIS SH-=7:
L,,
'1
•
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r
- :_ .: .. __ ._ : _ _..; .... • ... NAME: DWQ-WETLANDS. P . 1
JUN-7-2004 MON ~13:06 TEL:[phone]
1 it
HCDENR MRO
Fax:[phone]
e
ESQ' AssQ??a?es?, P ?-
¢r?gir?erriFrs is -,nlurraPr?g
Jun 7 2
)04 14:33 P.02
'IUAI 0 42004
June 3, i 004
To: Alan Johnson
E
ESP ,Associates, P.A..)
Prom: Sean Connolly
RE: Permit status change from Individual to Nationwide 39
I
ESP ,AsI sociates mistakenly miscalculated the area to be impac
Development project. Once the site was surveyed it was deter
around 0.21 acres and thus qualifies for Nationwide permit co
i
i
JUN-7-2004 MON 13:06 TEL:[phone]
for the Park South
,ed the total impact was
NAME:DWO-WETLANDS
P. 2
NCDENR MRU'' Fax:[phone] Jun 7 2004 14:33 P.03
I
office "Use Only-! Fom version May 2002
USACl Action. M No. Dj'VQ No.
(if nay particular item is not applicable to this project, please eater "N :)t Applicable" or "N/A".)
?. pCQGE`5311I1?
1. Check all of the approval(s)requested for this project
or Watershed Buffer Rules
X . Section 404 Permit ? Sections 10 Permit ? Isolated Wetland Permit from DWQ
X 461 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Reque ted: 39
3_ If this notification is solely a courtesy copy because writt approval for the 401 Certification
is mot! required, check here: ?
4. If payment into the North Carolina Wetlands Restoration ogram QgCWRP) is proposed for
mitigation of izupacts. (verify availability with NCWRP prior to submittal of PCN), complete
sectidn VIII and check here: X
5. If your project is located in any of North Carolina's twen y coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Envizonmental Concern (see the top of page 2 for further d .-tails), check here: ?
Ii. Applicant Infortttation
2
1. owner/Applicant lu_formation
Nance: Simon BBuilders
Mailing Address: 817
Telephone Number: 704-358-9940
E-mail Address N/A-
Ageiat/Consultant information (A signed and dated col
musi be attached if the Agent has signatory authority for
Name: Sean Cormoll
Company Affiliation: ESP Associates P.A.
Mailing Address: PO Box 7030
.- tires non A9
Telephone Number: 704-583-4949
E-mail Address: NIA
Page.5 of 13
Fax Number:
Fax Number: 704-56 -4y7U
of the Agent Authorization letter
owner/applicant.)
JUN-7-2004 MON' 13:06 TEL:[phone]e93 NAME:DWQ-WETLANDS P. 3
I 'a.
y NCDENR MRC Fax:[phone] Jun 7 2004 14:33 P. 04
)a.
Project IinfOrmatxOn
Attach a vicinity map clearly showing the locatioa of the
landmarks such as towns, rivers, and roads. Also provide a de
boundaries and development plans in relation to surrounding 1
and site plan must include a scale and north arrow. The sp
impervious surfaces, or other facilities must be included. If pc
include the, appropriate USGS Topographic Quad Map and NP
boundaries outlined. Plan drawings, or other maps may be i.nc
so long as the property is clearly defined. For administrati
USAGE requires information to be submitted on sheets no 1
however, DWQ may accept paperwork of any size. DVI
drawings! rather than a sequential sheet version of the full-:
reduced to a small scale such that the final version is illegible,
the project has been placed on hold until decipherable maps are
1. Name of project: Parr South Development
2_ Ti.I.P` Project Number or State Project Number (NCDOT C
3. Property identification Number (Tax PJN):_ N/A.
4. Location
County: Mecklenbur Nearest Towr
Subdivision name (include phase/lot number): Park Sout
Directions to site (include road numbers, landmarks, etc.):-
I . - - - • ._ n-.Y........ ,4:..e..?ar4 rn,-ir"Y n;tv YT,
5.
6.
8.
Site coordinates, if available (UTM or Lat/Long):-
(Note - if project is linear, such as a road or utility line,
coordinates for each crossing of a distinct tivaterbody.)
Property size (acres): 12 acres
Nearest body of water (streamiriver/sound/ocean/lake):_
j
River Basin: Catawba 0
(Note - this must be one of North Carolina's seventeen
River Basin, map is available at htip-h2o enr.state.nc.ust
9. Describe the existing conditions on the site and general
at the time of this application: The 'urisdictional W(
JUN-7-2004 MOW 13:07 TEL:[phone]
property with respect to local.
ailed site playa showing property
roperties. Both the vicinity map
-cific footprints of all buildings,
ssible, the maps and plans should
CS Soil Survey with the property
uded at the applicant's discretion,
7e and distribution purposes, the
irger than 1I by 17-inch format;
'Q prefers full-size coustrnction
ize plans. If full-size plans are
he applicant will be informed that
provided.
NIA
a sheet that separately lists the
major river basins. The
g.)
use in the vicinity of the project
Page .6 of 13
NAME:DWQ-WETLANDS
P. 4
hICDENR MROI Fax:[phone] Jun 7 2004 14:33 P.05
10. Describe the overall project in detail, including the type of prneait to be used:
The proposed work consists of the lacement of 5.000 cubic ds of zxAaterial in a roximately
Q,221 acres of 'urisdietional wetlands to achieve the zo eet's ppMose of establishing a single
family detached bousim development. All land clearing ap filling 'will be done with heavy
macbinery Le- bulldozer, bobcat
11. Explain the purpose of the proposed work: De s ec fic p=ose of the Park Sou
Develo tnent master Ian is to zovide the direction and r u ernents necessar to ensure that
??. 1 :.1 r.,ol?i?r cfwndir[1S t ical of Park-South Development.
TV, Prior Prooject History
I
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) ' the past, please explain. Include
tion date, and date permits and
the USACE Action ID Number, DWQ Protect Number, app
eertif caiions were issued or withdraAm. Provide photocop es of previously issued permits,
_ceztificaiions or other useful information. Describe previo ly approved Nvetland, stream and
buffer iri pacts, along with associated mitigation (where applic ble). If this is a NCDOT project,
list and I describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
NIA
V. Future Project Plans
e any future permit requests anticipated for this project? so, describe the anticipated wOT
and provide justification for the exclusion of this work from a current application.
_rrA
V]. Propo fed Impacts to Waters of the United States/N'Vaters o
page 7 of 13
It is th I e applicant's (or agent's) responsibility to eterrnane,
wetlands, opera water, and stream channels associated -,yrith tf.
provide justification for these impacts in Section V31 below.
and temporary, must be listed herein, and must be cleanly i
plan. P h wetlands and waters, and all streams (intermattent
delineation map, whether or not impacts are proposed to
evaluaiion and delineation forms should be included as t
included at the applicant's discretion. If this proposed impz'
mitigation, list and describe the impact in Section VIII beloc
listtng!or description, please attach a separate sheet.
JUN-7-2004 MOW 13:07
the State
delineate and map all impacts to
project. The applicaut must also
All proposed impacts, pezumanent
ratifiable on an accompanying site
mad peremial) must be shown on a
,se systems. Wetland and streazu
ppropriate. Photographs may be
ct is strictly for wetland or stream
If additional space is needed for
TEL:[phone] NAME:DWO-WETLANDS
P. 5
HCDENR MRO
Fax:[phone]
Jun 7 2004 14:34
I
Provide a w itten descziptzon of the proposed impacts:
1. -- ..,,n L._
,--.t1
ll
P. 06
the
1. Xndavidually last wetland impacts below-
I.
tetland Impact Area of Located within
Site Number Type of impact* Impact 100-year slaodplain"
acres
Oicate on map) i
I
Fill. 0.21 No
N/A
s List each impact separately and identify temporary impacts. Impacts include, but are tic
excavation, flooding, ditching/drainage, etc. For darns, separately list impacts due to bo
*w 100-year floodplains are identified through the Federal Emergency Management Al
(FIRM), or FEMA-approved local floodplaia maps. Maps are available through the FE
online at Ihv m-f w.
:*« List a wetland type that best describes wetland to be impacted (e.g., freshwater/sal
CarolinaDay, bog, etc-) Indicate if wctlaad is isolated (determination of isolation to be
I
List the total acreage (estimated) of all existing wetlands c
Total area of wetland impact proposed: 0.21
2. badiyidually list all intermittent and perennial, stream imps
Stream Impact f Length of
Site Number Type of Impact* Impact Stream Nance*"
indicate on rna linear feet
N/A NIA N/A NIA
x List each imp" C t s aratay and identify temporary impacts- Impacts include, but are
dams (segaratcjy g), relocation nclnde
list impacts due to both structure and floodira
stabilization activities (cement wall, rip-rap, crib ws)l, gabions, etc.), excavation, ditc
proposed, plans and profiles showing the linear footprint for both the original and reloc
+ Stream names `can be found on USGS topographic neaps. If ream h a has notlaroug
downstream named stream iroto which it flows. USGS map
- ov'. Several internet sites also allow direct download and printing
VjWW_rnanaues _co etc.).
Cluiaulative impacts (l.iuaear distance in feet) to all streams
page 8 of 13
Lee to
Stream Type of Wetland"
Forested
mitcd to: mechanized clearing, grading, fill,
structu rc and flooding.
icy!s (FEMA) Flood Insurance Rate Maps
# Map Service Center at 1-800-358-9616, or
ater marsh, forested wetland, beaver poiad,
ide by USACE only).
the property: 0.21
below:
Average Width perennial or
of Stream Intermittent?
Before Impact ( leases ecif5
N/A N' 'A
of limited to. culverts and associated rip-rap;
near feer;before and after, and iiet loss/gain),
np/straigbtening, etc. If stream relocation is
ed streams must be included.
ist as UT (unnamed tributary) to the nearest
the USGS at 1-300-355-9616, or online at
of USGS maps (e.g-, wtivw.tovozone.com_,
on site: N/A
JUN-7-2004 MON 13:07 TEL:[phone] NAME:DWO-WETLANDS P. 6
i
NCDENR MRQ Fax:[phone] Jun 7 2004 1434 P. 07
i
i
3. Individually list all open water impacts (including lakes, onds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water ibmpact
Site Number
indicate on ma
Type of bxpact• Area of
Impact
acres Name of Waterb

(if applicable dy Type of t'Vaterbody
(lake, pond, estuary, sound,

bay, oce!q, etc.
N/A. N/A N.A N/A N/A

I

-- a U- ir-A tn- 1511 Pyravatinn drMiTinw.
E:
List cacti MVaCt separaery ano iaeuiuy kr1A4-VLWJ a.u,iY- - -r. -
flooding, drawl age, buM eads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetla
included above in the wetland and stream impact section;
be described here and illustrated on any maps included w-ii
Pond to be created ixt (check all that apply): ? uplands
Describe the method of construction. (e.g., dam/emban
dra-down valve or ,spillway, etc.):
>sed use or purpose of pond (e.g., livestock
stormwater requirement, etc_): N/A
Size of watershed draining to pond: N/A
V1I. Impact Justification (Avoidance and Miujmization)
Specifically describe measures taken to avoid the proposed i
information related to site constraints such as topography, bt
financial viability of the project. The applicant may attach d
site layouts, and explain why these design options were not
were minimized once the desired site plan was developed.
techniques to be followed during construction to reduce inp,
so went throu kz a
roads, infrasttxctw
1 drains a aths lar
xtir?? efforts to up
conducted with the oal of avoid in identified resources.
__ ? .. r_ ._ ?i_ _ _____-1_-s:....nl .?.•oo ny4oratinnC f?PC?
to
L 'and stream impacts should be
Also, the proposed pond should
this application.
[] stream ? wetlands
nent, excavation, bistallation of
ing, irrigation., aesthetic, trout pond,
Page 9 of 13
pond surface area: N/A
acts. It may be useful to provide
ing ordinances, accessibility, and
rings of alternative, lower-impact
Bible- Also discuss how impacts
applicable, discuss construction
JUN-7-2004 MON, 13:07 TEL:[phone] NAME:DWO-WETLANDS
ities placement were all
as where iurisdictional area
For the alterations sought ir
s and mtnimize the fill nc,
and redesi to avoid and
P. 7
NCDENR MRO Fax:[phone] Jun 7 2004 134 P. 08
I
minimize the jurisdictional areas is substantial and additional investment in the effort is
effective for no reduction in izn airmeiit to the wetland area . The spatial distribution
jurisdictional areas creates a diminishing return on addition efforts to redesi or
Because of the nature of the low-densi dlo merat which results
develo able area left in eenn ace further avoidance wvas t feas
the zo'ect economical) unsuccessfal_
r1+-roh4nn nft}le ilmsdictxonal areas t
vx ?- months of effort t0 avoid and ruinimize the 1n1 cis no raUL1l:i1L71G 0JL1-1uaur?a ?...
and the znazt
identified for the izx? acts o£ the jurisdictional areas shown in t e a lication.
VJ 1L Nit gation
DWQ In accordance with 15,A NC..C 2H .0500, mitiga 'on may be required by the NC
Division of Water oe acre f impacts to
Qality prthan? ? involving X150an linear e01 et olf total irnp Ca tsot perennial
freshwater wetlands greater
strea?oas. .
USACE - In accordance with the Final Notice of Issuance and Modifications 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 a ironment are ummal. Factors
including size and type of proposed impact and function d relative value of the impacted
r tab' sty of appropriate and practicable
aquatic resource will be considered in determining accep
mitigation as proposed. Examples of mitigation that may be propriate and practicable include,
but are not limited to:. reducing the size of the project; est blishing and maintaining wetland
and/or ?uplaud vegetated buffers to protect open waters such streams; and replacing losses of
aquatic resource functions and values by creating, lu same watershed storm enhancing, or preserving similar
functions and values, preferable i
if mitigation is required for this project, a copy of the mitiga ion plan must be attached in order
for US.r'1.CE 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 curr t guidelines for stream restoration
iu DWQ's. Draft Technical Guide for Stream Work North Caroliiaa, available at
h ://?i.2•o.enr.state.nc.us/newetlands/strm 'de.html.
f
1. Provide a brief description of the proposed mitigation pl The descriptions should provide
as much information as possible, including, but not limit d to: site location (attach directions
and/or map, if offsite), affected stream and river basin, t e and amount (acreage/linear feet)
o mitigation proposed (restoration, enhancement, Great on, or! preservation), a plan view,
Page 10 of 13 ...... .
JUN-7-2004 MON' 13:07 TEL:919733Ge93 NRME:DWO-WETLANDS P. 8
N?
NCDENR IRO, Fax:[phone] Jun 7 2004 14:34 P.09
pzeservation mechanism (e.g., deed restrictions, course ation easement, etc.), and a
description of the current site conditions and proposed metV. od of construction. Please attach
a sepaiate sheet if more space is needed.
Because the licant is removin a safet concern and water ualit concern it is the
not fnily fnnction.u R as
0
2. Mitigation may also be made by payment into the Nor
Program (NCWRP). Please note it is the applicant's respc
(919)1733-5208 to determine availability and to request v
to submittal of a PCN. For additional information regard
,RP, check the NCWI2P website at btt , / 10 elu-st
NCw
the NCwxP is proposed, please check the appropriate t
following information:
Amount of stream mitigation requested (linear feet)--
Amount of buffer mitigation requested (square feet).-
Amount of Riparian wetland mitigation requested (acr
Amount of Non-riparian wetland mitigation requested
Amount of Coastal wetland mitigation requested (acre
y, Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (fede
(federaYstateand?
Yes )l No X
If yes, ((Ioes the project require preparation of an envn
requirements of the National or North Carolina Enviro
Note, ,If you are not sure whether a NEPAISEPA di
coordinator at 919) 733-5083 to review current thresholds
yes No X
If yes, has the document review been finalized by the State
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers I
Page 11 of 13
Carolina Wetlands Restoration
ibility to contact the NCWRP at
ten approval of mitigation prior
the application process for the
nc.us/zrrplitndex.htm. If use of
on page tliree and provide the
): 0.21 a .
funds or the use of public
rental document pursuant to the
:ntal Policy Act (NEPA/SEPA)?
neat is required, call the SEPA
environmental documentation.
JUN-7-2004 MOW 13:08 TEL:[phone] NAME:DWO-WETLANDS
? If so, please attach a
by DWQ)
P. 9
WCDENR MR6 Fax:[phone] Jun 7
it its the I ppllicant's (or agent's) responsibility to determine,
required state and local buffers associated with the project.
justification for these impacts in Section VII above. All propc
and must Pe clearly identifiable on the accompanying site plan
map, whether or not impacts are proposed to the buffers.
Regional i Office may be included as appropriate. Photogra
applicant's discretion,-
Will the project impact protected riparian buffers ideatifu
(Neuse), I15A NCAC 2B .0259 (Tar-Pamlico), 15A. NCAC
Water Supply Buffer Requirements), or other (please identify-
Yes ? No ? If you answered "yes', pi
identify the square feet and acreage of impact to each zone
mitigation is required calculate the required amount of n
multipheIrs.
hmpact
Zone* s e feet Ntultipher
1 3
z 1.5
1
2004 1A:34
1
P.10
lineate and map all impacts to
tae 'applicant must also provide
:d impacts must be listed herein,
All buffers must be shown on a
orrespondence from the DWQ
Ls may also be included at the
witbin 15A NCAC 2B .0233
.0250 (Randlem= Rules and
ide the following information:
f the riparian buffers. If buffer
igation by applying the buffer
't'otal 1 --J
Zone 1 extends out 30 feet perpendicular from near bank of channel;
additi=2120 feet from the edge of Zone 1.
extcnds an
If buffer mitigation is required, please discuss what type of Mitigation is proposed (i.e., Donation
of property, Coz1servatiota Easement, Riparian Buffer Restorati on ! Enhancerneut, Preservation or
payment into the Riparian Buffer Restoration Fund). Please a ach all appropriate information as
identifii d within 15A NCAC 2B .0242 or .0260.
NJ, Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus aottawatersg on wetlandsthe
Discuss stormwater controls proposed in order to prot surfce and
downsti:eam from the property.
Existin impervious area is below 10% on 12 acres. he final im elviaus area will be
a roxiatel 35%. A stozzztwater lan is bein desi an will be approved b all state and
b,-;- r imnlPmented.
Page 12 of 13
JUN-7-2004 MON 13:08 TEL:[phone] NAME:DWO-WETLANDS P. 10
NCDENR MRi Fax:[phone] Jun 7 2004 14:35 F.11
Y
I
XU. Sewage Disposal (required by DWYQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available c acity of the subject facility.
All water and sewage is being handle b Charlotte Count ublic sewage and water.
1
i
X11u. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No X
Ts this ati after-the-fact permit application?
Yes ? No X
i
MAT. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application ufficiently 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 sequ cing that may impose limits on
work schedules (e.g-, draw-down schedules for lakes, dates associated with. Endangered and
Threateiaed Species, accessibility problems, or other issues out- ide of the applicant's control).
WRP is I revxewin our re uest for miti ation. Debra .A riders n with Wltk gave ESP a verbal
aCC tanGe and will send a letter once she has reviewed the lett r of re guest in detail.
See attached letter to ma
I .
Applicant]/Agent atnre Date
(Agent's signature is valid only if an authorization letter from t e applicant is provided.)
I
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page 1,3 of 13
JUN-7-2004 MON 13:08 TEL:[phone] NAME:DWO-WETLANDS P. 11

• N[

7046636040
Date: June 1, 2004
i
To: 1Vis. Debra Anderson
NCDENPJ Wetlands Restoration Program
i619 Mail Service Center
?,aleigh, NC 27699-1619
From. Mr. Sean Connolly
ESP Associates, P.A.
PO Box 7030
Charlotte, NC 29241
I
RE. Request for RRP Mitigation
Dear Ms. Anderson,
Per ours conversation, on June 1, 2004,1 am request that RrRP
mitigation option for the Park South Development uupacts. T
of the placement of 5,000 cubic yards of material in, ap
jurisdictional riparian wetlands to achieve the project's pure
family detached housing development.
The Park South Development community is. located in M
Cazohna wittbin the city of Charlotte on Park South Drive. Th
through the existing wetland ditches associated with the surro
site is situated in Catawba 41- 03050103.
A,d6tional information and maps have been included for you i
time and if you have any questions please call me at 704409-2
Si r 4Y,
Sean, Connolly
enclosms
Jun 7 2004

14:35
P.12
considered as a feasible
proposed work consists
Kimately 0.21 acres of
of establishing a single
;lslenburg County, North
site drains to Sugar Creek
anding development. The
Thank you for you.
919
JUN-7-2004 MON 13:08 TEL:[phone] NAME:DWQ-WETLANDS P. 12
ESP Associates, P.A.
o),%"ine ring • surr•e) inr - planning

W ET LANDS1401 GROUP
JUN 0 4 200¢
SECN
June 3, 2004 WATER QUaRY
ON
To: John Dorney
From: Sean Connolly (ESP Associates, P.A.)
G rmit status change from Individual to Nationwide 39
RE: Pe f
f
ESP Associates mistakenly miscalculated the are to be impacted for the Park South
Development project. Once the site was surveyed and ESP meet Alan Johnson onsite it
was determined the total impact was around 0.21 acres and thus qualifies for Nationwide
permit consideration.
Office Use Only' Form Version May 2002
oy- 2G3
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
k
i
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 4(1 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this`. notification is solely a courtesy copy because written approval for the 401 Certification
is not ! equired, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: X
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
WNDS 401 GROUP
1. Owne>?/Applicant Information /
Name:` Simonini Builders
Mailing Address: 817 E Morehead Steet Suite 100 004
Charlotte NC 28202
SECttnr??
Telephone Number: 704-358-9940 Fax Number: 704-358-9978
E-mail Address N/A
2. Agent/ t Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:1 Sean Connolly
Company Affiliation: ESP Associates P.A. _
Mailing Address: PO Box 7030
r Charlotte NC 28241
i
Telephone Number: 704-583-4949 Fax Number: 704-583-4950
E-mail;Address: N/A
Page 5 of 13
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4
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III. Project Information
1
Attach is 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 I as the property is clearly defined. For administrative and distribution purposes, the
USACE1 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: Park South Development
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
F
4. Location
County: Mecklenburg Nearest Town: Pineville
Subdivision name (include phase/lot number): Park South
Directions to site (include road numbers, landmarks, etc.):
Park South Drive to Cypress retirement community. Property is adjacent to the Cypress.
Corner of Park South Drive and Sulkirk Road
5. Site coordinates, if available (UTM or Lat/Long):
(Note' - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 12 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Sugar Creek
r
8. River Basin: Catawba 03
(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/adinin/naps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The jurisdictional wetlands area on-site is an outfall/
drainage ditch from a silted in pond The silted in pond is part of the Sugar Creek watershed.
1
Page 6 of 13
i r
10. Describe the overall project in detail, including the type of equipment to be used:
The nrnnn-,Pd work consists of the nlacement of 5.000 cubic vards of material in al
n ?1 ncrecf of irnrkdictinnal wetlands to achieve the nroiect's nuroose of establishine a single
family detached housing development All land clearing and filling will be done with heavy
machinery`' (i.e. bulldozer, bobcat)
11. Explain the purpose of the proposed work: The specific purpose of the Park South
Development master plan is to provide the direction and requirements necessary to ensure that
the development is constructed to the high duality standards typical of Park South Development.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested, and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE 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.
N/A
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V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
I
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VI. Proposed'Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
Provide a written description of the proposed impacts: The proposed work consists of the
placement of 5,000 cubic yards of material in approximately 0.21 acres of iurisdictional wetlands
to achieve the project's purpose of establishing a single family detached housing development.
1. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(yes/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill 0.21 No N/A Forested

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpa/www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
i
List the total acreage (estimated) of all existing wetlands on the property: 0.21
Total area of wetland impact proposed: 0.21
2. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif
N/A N/A N/A N/A N/A N/A

* 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.uscs.,ov. Several internet sites also allow direct download and printing of USGS h maps (e.g., www.topo7.one.com,
ww,iv.mapquest.com, etc.).
Cumu `ative impacts (linear distance in feet) to all streams on site: 'N/A
Page 8 of 13
3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact

Site Number I
(indicate on ma

Type of Impact* Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond estuary' sound,
bay, ocean, etc.
N/A N/A N.A N/A N/A

t

List each impact, separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
1
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): E] uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw (down valve or spillway, etc.): N/A
I'
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local `stormwater requirement, etc.): N/A
r
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The nrniect engineers and nlanners also went through a process of avoiding and minimizing
impacts in developing the plans for roads infrastructure and other uses of the property.
Significant site features such as natural drainage paths large trees and stands of trees were also
taken into consideration in the planning efforts to minimize jurisdictional areas impacts.
Stormwater management planning irrigation planning and utilities placement were all
conducted with the goal of avoiding identified resources.
The application for the jurisdictional area alterations describes the areas where jurisdictional area
the application In the process of trying to avoid jurisdictional areas and minimize the fill, no
!"1Ar,-PaCP in ,zrptInnii imnnrtc wnc nhcPrvPrl ThP rnst of the nlanninv and redesign to avoid and
Page 9 of 13
minimize the iurisdicti
in impairment to the
inrisdiciional areas creates a diminishing return on additional efforts to redesign or relocate
project improvements.
Because of the nature of the low-density development, which results in more than 15 % of the
developable area left in green space further avoidance was not feasible and would have made
being feasible economically. The siting of the project is crucial to its` success, making movement
to nnnther cite imnracticahle_ The scone of the investment in the nroiect is significant. In light
and the many months of effort to avoid and minimize the impacts, no practicable alternatives are
identifiedf for the impacts of the jurisdictional areas shown in the application.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
G
streams. I
USACE = In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a ? required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's. Draft Technical Guide for Stream Work in North, Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.litmi.
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,
Page 10 of 13
the Yroiect (no action alternative), or reaucmg ine scope or _me rroject oeiow the pouts ei us
I
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.
Because the applicant is removing a safety concern and a water quality concern, it is the
applicant's hope that no mitigation will be required for areas not truly functioning as
wetlands. The man-made pond was excavated was excavated out of uplands and offers no
water`ouality benefit since the Dond has silted in and is no longer maintained.
If
will
at an
aDDroved mitigation bank. Proof of Durchase of the credits will be sent to the Army Corps of
Engineers and NC DWQ within 60 of issuance of the 404/401 permit.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919)'1733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htni. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
f
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.21 ac
Amount of Non-riparian wetland mitigation requested (acres):
A ount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the k project involve an expenditure of public (federal/state) funds or the use of public
(federal/s?ate) land?
Yes ? No X
I
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 X
I
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 ?
f
X. Proposed; Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 11 of 13
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
(Neuse) 115A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No El 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
1 Impact Required
Zone* lr ? Multiplier ,,4;«;-+;-
2
Total
1.5
* 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.
I
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious area is below 10% on 12 acres. The final impervious area will be
proximately 35%. A stormwater plan is being design and will be approved by all state and
local facilities before being implemented
Page 12 of 13
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XII. Sewage Disposal (required by DWQ) aI
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.
All water and sewage is being handle by Charlotte County public sewage and water.
X111. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
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).
WRP is reviewing our reauest for mitigation. Debra Anderson with__WRP gave ESP a verbal
acceptance and will send a letter once she has reviewed the letter of request in detail.
(See attached letter to VW)
i

Applicant/Agent's iature Date'
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
ESP Associates, P.A.
-- rngrncrrirtti • surreymg • Planning
Date: June 1, 2004
G
To: Ms! Debra Anderson
i
NCPENR/ Wetlands Restoration Program
1619 Mail Service Center
Raleigh, igh, NC 27699-1619
From: Mr.= Sean Connolly
ESP Associates, P.A.
PO Box 7030
Charlotte, NC 28241
RE: Request for WRP Mitigation
I
Dear Ms. Anderson,
Per our conversation on June 1, 2004, I am request that WRP be considered as a feasible
mitigation option for the Park South Development impacts. The proposed work consists
of the placement of 5,000 cubic yards of material in approximately 0.21 acres of
jurisdictional riparian wetlands to achieve the project's purpose of establishing a single
family detached housing development.
E
The Park South Development community is located in Mecklenburg County, North
Carolina within the city of Charlotte on Park South Drive. The site drains to Sugar Creek
through the existing wetland ditches associated with the surrounding development. The
site is situated in Catawba 41 - 03050103.
Additional jinformation and maps have been included for you review. Thank you for you
time and if you have any questions please call me at 704-409-2919.
Sincerely,
Sean Connolly
enclosures{
Office Use Only, Form Version May 2002
USACE Action ID No. DWQ No. q - 7W
(it any partieuiar item is not appucame to utis project, piease enicr iV ut tipYut,auic Vl IN .?
i
1. Processing
1. Check' all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
1 ?
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: X
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. OwnerlApplicant Information wErL4NUS1401 GROUP
Name: !Simonini Builders
Mailing Address: 817 E Morehead Steet Suite 100 JUN 0 d ?? . _UUJ
l Charlotte NC 28202
R QUAI ?ly 0 .__
' ' vc1,110N
Telephone Number: 704-358-9940 Fax Number: 704-358-9978
E-mail 'Address N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: G Sean Connolly
Company Affiliation: ESP Associates P.A.
Mailing Address: PO Box 7030
Charlotte NC 28241
Telephone Number: 704-583-4949
E-mail Xddress: N/A
i
I
4
Page 5 of 13
Fax Number: 704-583-4950
III. Project Information
Attach a', vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed; site plan showing property
boundaries and development plans in relation to surrounding proper ties. Both the vicinity map
and site I 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
boundari es 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 {o 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: Park South Development
2. T.I.P! Project Number or State Project Number (NCDOT Only): N/A
3. Prop I rty Identification Number (Tax PIN): N/A
4. Location
County: Mecklenburg- Nearest Town: Pineville
Subdivision name (include phase/lot number): Park South
Directions to site (include road numbers, landmarks, etc.):
Park South Drive to Cypress retirement community. Property adjacent to the Cypress.
Corner of Park South Drive and Sulkirk Road
I
5. Site coordinates, if available (UTM or Lat/Long):
(Note,- If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 12 acres
7. Neare i t body of water (stream/river/sound/ocean/lake): Sugar Creek
I
8. River Basin: Catawba 03
(Note- this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.eiir.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The jurisdictional wetlands area on-site is an outfall/
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed work consists of the placement of 5,000 cubic yards of material in approximately
0.21 acres of jurisdictional wetlands to achieve the project's purpose of establishing a single
family detached housing development. All land clearing and filling will be done with heavy
machiner? (i.e. bulldozer, bobcat)
I
11. Explain the purpose of the proposed work: The specific purpose of the Park South
Development master plan is to provide the direction and requirements necessary to ensure that
the development is constructed to the hieh aualitv standards typical of Park South Development.
IV. Prior Pro ject 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 USAGE 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.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed', Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation ! list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
Provide a'written description of the proposed impacts: The proposed work consists of the
nlarPmant',f S 00(1 cnhin vnrdc of mnterinl in nnnroximately 021 acres of iurisdictional wetlands
's numose of establishin! a single famil
I
1. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact*
' Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***
1 Fill 0.21 No N/A Forested

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mecnanized clearing, grading, riu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA".approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpJ/wwtiv.fema.ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.21
Total area of wetland impact proposed: 0.21
f
2. Individually list all intermittent and perennial stream impacts below:
I
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
N/A N/A N/A N/A N/A N/A

* 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 I-800-358-9616, or online at
www.usas.eov. I Several internet sites also allow direct download and printing of USGS maps (e.g., www.topo7one.coni,
NVW\\1 apquest.c)m, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 13
3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocea and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N.A N/A N/A
t
i

List each impact 'separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
l
Size o' watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques4o be followed during construction to reduce impacts.
The nroiect engineers and planners also went through a process of avoiding and minimizin
impacts in developing the plans for roads infrastructure and other uses of the property.
Significant site features such as natural drainage paths large trees and stands of trees, were also
taken into consideration in the planning efforts to minimize jurisdictional areas impacts.
The application for the jurisdictional area alterations describes the areas where jurisdictional area
impacts are unavoidable Practicable alternatives were not available for the alterations sought in
the application In the process of trig to avoid jurisdictional areas and minimize the fill, no
decrease in wetland impacts was observed. The cost of the planning and redesign to avoid and
Page 9 of 13
minimize the jurisdictional areas is substantial and additional investment in the effort is not cost
effective for no reduction in impairment to the wetland areas. The spatial distribution of the
iurisdictional areas creates a diminishing return on additional efforts- to redesign or relocate
project improvements.
I
Becausc'of the nature of the low-density development which results in more than 15 % of the
developable area left in green space further avoidance was not feasible and would have made
the project economically unsuccessful.
Alternatives for the unavoidable alteration of the jurisdictional areas include not proceeding with
the Proiect (no action alternative) or reducing the scope of the Project below the point of its
being feasible economically. The siting of the project is crucial to its success making movement
to another site impracticable The scope of the investment in the project is significant. In light
of the overall project purposes the factors of cost natural resources engineering, and logistics,
and the many months of effort to avoid and minimize the impacts, no practicable alternatives are
identified for the impacts of the jurisdictional areas shown in the application.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
In accordance with the Final Notice of Issuance and Modification of Nationwide
USACE ?
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including` size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions Iand 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/stnngide.htm1.
!'
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,
Page 10 of 13
kI
I
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.
Because the applicant is removing a safety concern and a water quality concern, it is the
applicant's hope that no mitigation will be required for areas not truly functioning as
wetlands The man-made pond was excavated was excavated out of uplands and offers no
Wnt@Y. nrnality henefit since the nond has silted in and is no lonser maintained.
If mitigation is requested the applicant will purchase appropriate compensation at an
approved mitigation bank Proof of purchase of the credits will be sent to the Army Corps of
Engineers and NC DWQ within 60 of issuance of the 404/401 permit.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the; application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.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:
i
f
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.21 ac
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the! project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Y?s ? No X
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 X
I
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed, Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 11 of 13
i
I
t
It is thej 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 th? project impact protected riparian buffers identified within 15A NCAC 213 .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
i
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.
X1. Stormwater (required by DWQ)
Describe 'impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious area is below 10% on 12 acres. The final impervious area will be
approximately 35% A stormwater plan is being design and will be approved by all state and
local facilities before being implemented
Page 12 of 13
XII. Sewage Disposal (required by DWQ) I
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.
All water and sewage is being handle by Charlotte County public sewage and water.
I.
XIII. Violations (required by DWQ)
I
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
I'
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
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).
WRP is reviewing our request for mitigation Debra Anderson with VW gave ESP a verbal
acceptance and will send a letter once she has reviewed the letter of request in detail.
(See attached letter to WRP)
f
Applicant/Agent's Signature Date
(Agent's Signature is valid only if an authorization letter from the applicant is provided.)
i
r
f
Page 13 of 13

ESP Associates, P.A.
engin-evring • curve ririg - planning
Date: June 1, 2004
To: Msi Debra Anderson
NCDENR/ Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
From: Mr Sean Connolly
ESP Associates, P.A.
PO!Box 7030
Charlotte, NC 28241
RE: Request for WRP Mitigation
Dear Ms. Anderson,
Per our conversation on June 1, 2004, I am request that WRP be considered as a feasible
mitigation option for the Park South Development impacts. The proposed work consists
of the placement of 5,000 cubic yards of material in approximately 0.21 acres of
jurisdictional riparian wetlands to achieve the project's purpose of establishing a single
family detached housing development.
The Park South Development community is located in Mecklenburg County, North
Carolina within the city of Charlotte on Park South Drive. The site drains to Sugar Creek
through the existing wetland ditches associated with the surrounding development. The
site is situated in Catawba 41 - 03050103.
Additional?information and maps have been included for you review. Thank you for you
time and if you have any questions please call me at 704-409-2919.
Sincerely,
Sean Connolly
enclosuresE
Office Use Only: Form Version May 2000'2
USACE Action ID No. DWQ No y . ? IU
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I
1. Processing
1. Chec k all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
I
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: X
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information WETLANDS/
401 GROUP
1. Owner/Applicant Information .l(iN O 4
Name:I Simonini Builders 2004
Mailing Address: 817 E Morehead Steet Suite 100 ? WATER
I Charlotte NC 28202 UALITYSLcr
T1n??
Telephone Number: 704-358-9940 Fax Number: 704-358-9978
E-mail Address N/A
I
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: I Sean Connolly
Company Affiliation: ESP Associates P.A.
Mailing?Address: PO Box 7030
Charlotte NC 28241
Telephone Number: 704-583-4949
E-mail Address: N/A
Fax Number: 704-583-4950
Page 5 of 13
i
III. Project Information
Attach 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
boundari es 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.
I
1. Name of project: Park South Development
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
i
3. Prope y Identification Number (Tax PIN): N/A
4. Location
County: Mecklenburg Nearest Town: Pineville
Subdivision name (include phase/lot number): Park South
Directions to site (include road numbers, landmarks, etc.):
Park South Drive to Cypress retirement community. Property is adjacent to the Cypress.
Corner of Park South Drive and Sulkirk Road
5. Site coordinates, if available (UTM or Lat/Long):
(Note E If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 12 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Sugar Creek
8. River (Basin: Catawba 03
(Note f 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/naps/.)
1
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The jurisdictional wetlands area on-site is an outfall/
Page 6 of 13
10
the overall project in detail, including the type of equipment to be used:
The proiosed work consists of the placement of 5,000 cubic yards of material in approximately
0.21 acres of iurisdictional wetlands to achieve the proiect's purpose of establis_hing a single
family detached housiniz development. All land clearing and filling will be done with heavy
machinery (i.e. bulldozer, bobcat)
11. Explain the purpose of the proposed work: The specific purpose of the Park South
,
Development master plan is to provide the direction and requirements necessary to ensure that
the development is constructed to the high quality standards typical of Park South Development.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A I
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed I i mpacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate; and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation `map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at 'the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
Provide '1a written description of the proposed impacts: The proposed work consists of the
placement of 5,000 cubic yards of material in approximately 0.21 acres of jurisdictional wetlands
to achieve the moiect's purpose of establishin.p a single family detached housing development.
list wetland impacts below:
Wetland Impact
Site Number
indicate on ma I
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
1 ! Fill 0.21 No N/A Forested

f

3

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www .fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog; etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
I
List the total acreage (estimated) of all existing wetlands on the property: 0.21
Total area of wetland impact proposed: 0.21
f
2. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
N/A ? N/A N/A N/A N/A N/A
I

* 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, ditch ing/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.usas.?Zov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
?vww.mayquest.com l etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 13
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3. Individually list all open water impacts (including lakes,
Ocean and any other water of the U.S.) below:
ponds,',} estuaries,
sounds, Atlantic
Open Water Impact
Site Number I
indicate on ma )
Type of impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A l N/A N.A N/A N/A

}

List each impact) separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
t
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justi i fication (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.
idinL, and minimizi
impacts in s developing the plans for roads infrastructure and other uses of the property.
Significant `site features such as natural drainage paths large trees and stands of trees, were also
taken into 1consideration in the planning efforts to minimize jurisdictional areas impacts.
C?.,,Y.,.vo4Ar mon?cramant nlnnninv irriontinn nlnnninu and utilities nlacement were all
the coal of avoiding identified
for the iurisdictional area alterations describes the areas where
impacts are unavoidable Practicable alternatives were not available for the alterations sought in
the application In the process of trying to avoid jurisdictional areas and minimize the fill, no
decrease in wetland decrease in wetland imobserved. acts was The cost of thewas The cost of the planning and redesign to avoid and
v
Page 9 of 13
inimize the iurisdictional areas is substantial, and additional investment in the
effective Ifor no reduction in impairment to the wetland areas. The. spatial distribution of the
iurisdict al areas creates a diminishing return on additional efforts to redesign or relocate
project improvements.
Because of the nature of the low-density development which results in more than 15 % of the
developable area left in green space further avoidance was not feasible and would have made
and the manv months of effort to avoid and minimize the impacts no practicable alternatives are
the iurisdictional areas shown in the
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater' wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE -An accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
E
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.litm].
i
i
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,
Page 10 of 13
the Project (no action alternative) or reducing the scope or the Protect neiow the p(nnl of us
being feasible economically. The siting of the project is crucial to its success making movement
to another` site impracticable The scope of the investment in the project is significant. In light
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.
Beca Ise the applicant is removing a safety concern and a water quality concern, it is the
L_-_ It ,.t -.., ..,:11 t.,. «.....,..-_A r-, -- »nt +-1- fiinntinninn no
wetlands The man-made pond was excavated was excavated out of uplands and offers no
water quality benefit since the pond has silted in and is no longer maintained.
If mitigation is requested the pplicant will purchase appropriate compensation at an
gp?roved mitigation bank Proof of purchase of the credits will be sent to the Army Corps of
Engineers and NC DWQ within 60 of issuance of the 404/401 permit.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.21 ac
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
i
f
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 X
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
f
Page 11 of 13
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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.
E
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 )?
Ye j ? 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*
1 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 Proper ty, 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.
I
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XI. Stormwater (required by DWQ)
i
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss j stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious area is below 10% on 12 acres. The final impervious area will be
approximately 35% A stormwater plan is being design and will be approved by all state and
local facilities before beinp- implemented.
Page 12 of 13
XII. Sewage Di$posal (required by DWQ)
Clearly i detI it the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewaters generated from the proposed project, or available capacity of the subject facility.
All water and sewage is being handle by Charlotte County public sewage and water.
X111. Violations! (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500).'or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's plicant'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).
WRP is reviewing our request for mitigation. Debra Anderson with WRP gave ESP a verbal
acceptance and will send a letter once she has reviewed the letter of request in detail.
(See attached letter to WRP)
i
?/ X30
Applicant/A en 's Signature ate
(Agent's Signature is id only if an authorization letter from the applicant is provided.)
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Page 13 of 13
'ESP Associates, P.A.
engrur?rrist;; 'VINTi?tiflg -planning
Date: June 1, 2004
To: Ms. EDebra Anderson
NCDENR/ Wetlands Restoration Program
161 Mail Service Center
Ral e igh, NC 27699-1619
From: Mr.!' Sean Connolly
ESP Associates, P.A.
PO Box 7030
Charlotte, NC 28241
RE: Request for WRP Mitigation
Dear Ms. Anderson,
Per our conversation on June 1, 2004, I am request that WRP be considered as a feasible
mitigation roption for the Park South Development impacts. The proposed work consists
of the placement of 5,000 cubic yards of material in approximately 0.21 acres of
jurisdictional riparian wetlands to achieve the project's purpose of establishing a single
family detached housing development.
The Park South Development community is located in Mecklenburg County, North
Carolina within the city of Charlotte on Park South Drive. The site drains to Sugar Creek
through the existing wetland ditches associated with the surrounding development. The
site is situated in Catawba 41- 03050103.
i
Additional information and maps have been included for you review
time and if you have any questions please call me at 704-409-2919.
r
Sincerely,
Sean Connolly
enclosures
Thank you for you
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
GG - O?G?
kit any parttcuiar item is not appucame to tms project, please enter IN01 Appiicanie or ..ivies .)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nation C ide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
f
4. If payment into the North Carolina Wetlands Restoration Program (NCAr") is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: X
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information WETLANDS /401 GROUP
i
E
1. Owner/Applicant Information
Name:` Simonini Builders JUN 0 4 -2004
Mailing Address: 817 E Morehead Steet, Suite 100
Charlotte, NC 28202 WATER O11A1 tT_V ernmo.,
Telephone Number: 704-358-9940 Fax Number: 704-358-9978
E-mail, Address NIA
1
2. Agent /Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sean Connolly
Company Affiliation: ESP Associates P.A.
Mailing Address: PO Box 7030
i Charlotte NC 28241
Telephone Number: 704-583-4949 Fax Number: 704-583-4950
E-mail Address: N/A
Page 5 of 13
? i
III. Project Information
Attach a vicinity map clearly showing the location of the propert y 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.
r
1. Name of project: Park South Development
I
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Mecklenburg Nearest Town: Pineville
Subdivision name (include phase/lot number): Park South
Directions to site (include road numbers, landmarks, etc.):
Corner of Park South Drive and Sulkirk Road
5. Site coordinates, if available (UTM or Lat/Long):
(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. Prope size (acres): 12 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Sugar Creek
8. River Basin: Catawba 03
(Note'- this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The jurisdictional wetlands area on-site is an outfall/
drainage ditch from a silted in pond. The silted in pond is part of the Sugar Creek watershed.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed work consists of the placement of 5.000 cubic vards of material in ar
0.21 acres of iurisdictional wetlands to achieve the proiect's pumose of establishing a single
tamily detached housing development. All land clearing and filling will be done with heavv
IV.
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.
N/A
V. Future Pro ject Plans
1
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A `
I
VI. Proposed! Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. A111 wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
machinery (i.e. bulldozer, bobcat)
11. Explain the purpose of the proposed work: The specific purpose of the Park South
Development master plan is to provide the direction and requirements necessary to ensure that
I a
Provide a written description of the proposed impacts: The proposed work consists of the
placement of 5,000 cubic yards of material in avoroximately 0.21 acres of iurisdictional wetlands
's
famil
L Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma I
?ype of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(es/no) Distance to
Nearest StreamF
(linear feet)
Type of Wetland***
1 Fill 0.21 No N/A Forested

?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 FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hvww.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
i
List the total acreage (estimated) of all existing wetlands on the property: 0.21
Total area of wetland impact proposed: 0.21
2. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
N/A N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limitedito: 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
ww-w.usgs.!ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni,
w-ww-.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 13
s
i
3. Individu i ally list all open water impacts (including lakes,
Ocean and any other water of the U.S.) below:
ponds, estuaries, sounds, Atlantic
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N.A N/A N/A

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, >?ulkheads, 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-d( wn valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
impacts in developing the plans for roads, infrastructure, and other uses of the property.,
Significant site features, such as natural drainage paths, large trees and stands of trees, were also
taken into consideration in the planning efforts to minimize jurisdictional areas impacts.
Stormwaier management planning, irrigation _planning, and utilities placement were all
conducted with the goal of avoiding identified resources.
The application for the jurisdictional area alterations describes the areas where jurisdictional area
impacts are unavoidable. Practicable alternatives were not available'for the alterations sought in
the application. In the process of trving to avoid iurisdictional areas and minimize the fill. no
Page 9 of 13
}
1
minimize the jurisdictional areas is substantial, and additional investment in the effort is not cost
effective for no reduction in impairment to the wetland areas. The spatial distribution of the
jurisdictional areas creates a diminishing return on additional efforts to redesign or relocate
project improvements.
being feasible economically. The siting of project is crucial to its success, making movement
to another site impracticable. The scope of the investment in the project is significant. In light
of the overall project puMoses, the factors of cost, natural resources, engineering, and logistics,
and the many months of effort to avoid and minimize the impacts, no practicable alternatives are
identified for the impacts of the jurisdictional areas shown in the application.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwaters wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
f
USACE In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including 'size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.eiir.state.nc.us/ncwetlands/stnngide.btml.
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,
I
Page 10 of 13
the project economically unsuccessful.
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preserv Ition 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.
Becaus i ithe a licant is removing a safety concern and a water quality concern, it is the
wetlands. The man-made pond was excavated was excavated out of uplands and offers no
water quality benefit since the pond has silted in and is no longer maintained.
t
t
If mitigation is requested the applicant will purchase appropriate compensation at an
approved mitigation bank. Proof of purchase of the credits will be sent to the Army Corps of
Engineers and NC DWQ within 60 of issuance of the 404/401 permit.
i
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://li2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
follow'Ing information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.21 ac
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
I
Does the Iproject involve an expenditure of public (federaUstate) funds or the use of public
(federal/state) land?
Yes ? No X
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 X
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.
Yles ? No ?
I
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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Page 11 of 13
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 [:1 No ? If you answered "yes", provide the;following information:
Identify the square feet and acreage of impact to each zone of the ri parian buffers. If buffer
mitigation 4is required calculate the required amount of mitigation by applying the buffer
multipliers!
I
Zone* Impact
(square feet Multiplier Required
Mitigation
f 1 3
E 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.
f
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious area is below 10% on 12 acres. The final impervious area will be
approximately 35%. A stormwater plan is being design and will be approved by all state and
local facilities before being implemented.
Page 12 of 13
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XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All water and sewage is being handle by Charlotte County public sewage and water.
i
XIII. Violations (required by DWQ)
i
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500),or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes! ? No X
XIV. Other Cir Iumstances (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).
WRP is reviewing our request for mitigation. Debra Anderson with VW gave ESP a verbal
acceptance` and will send a letter once she has reviewed the letter of request in detail.
(See attached letter to WRP)
6
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
3
Page 13 of 13
i
ESP Associates, P.A.
Clt?ittc'rTirl;; • ?tIYV()'inn • jllultnfn
i
Date: JuneF 1, 2004
i
To: Ms. Debra Anderson
NCDENR/ Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
E
From: Mr. Sean Connolly
ESPY Associates, P.A.
PO Box 7030
Charlotte, NC 28241
RE: Request for WRP Mitigation
E
Dear Ms. Anderson,
Per our conversation on June 1, 2004, I am request that WRP be considered as a feasible
mitigation option for the Park South Development impacts. The proposed work consists
of the placement of 5,000 cubic yards of material in approximately 0.21 acres of
jurisdictional riparian wetlands to achieve the project's purpose of establishing a single
family detached housing development.
E
The Park South Development community is located in Mecklenburg County, North
Carolina within the city of Charlotte on Park South Drive. The site drains to Sugar Creek
through the, existing wetland ditches associated with the surrounding development. The
site is situated in Catawba 41 - 03050103.
Additional,Lformation and maps have been included for you review. Thank you for you
time and if you have any questions please call me at 704-409-2919.
Sincerely,
Sean Connolly
enclosuresi'
f
E
Office Use Only: Form Version May 2002
Dy ?a-7gg
USACE Action ID ?To. DWQ No.
tit any parttcutar item is not appttcante to tnts project, please enter "loot Applicable" or "MA".)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: X
I
5. If your 'project is located in any of North Carolina's twenty coastal counties (listed on page
4), and, the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant information WETLANDS / 401 GROUP
1. Owner/Applicant Information
Name: Simonini Builders JUN 0 4 2004
Mailing Address: 817 E Morehead Steet Suite 100
Charlotte, NC 28202 WATER QUAI IjY SECT ON
f
Telephone Number: 704-358-9940 Fax Number: 704-358-9978
E-mail! Address N/A
f'
2. Agent/ Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:' Sean Connolly
Company Affiliation: ESP Associates, P.A.
Mailing Address: PO Box 7030
I Charlotte NC 28241
Telephone Number: 704-583-4949 Fax Number: 704-583-4950
E-mail Address: N/A
I
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
I
1. Name of project: Park South Development
2. T.I.P. Pr oject Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Mecklenburg Nearest Town: Pineville
Subdivision name (include phase/lot number): Park South
Directions to site (include road numbers, landmarks, etc.):
Corner' of Park South Drive and Sulkirk Road
5. Site coordinates, if available (UTM or Lat/Long):
(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. Prope r?ty size (acres): 12 acres
r
7. Nearest body of water (stream/river/sound/ocean/lake): Sugar Creek
8. River Basin: Catawba 03
(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/mEs/.)
I
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the F!time of this application: The jurisdictional wetlands area on-site is an outfall/
drainage ditch from a silted in pond. The silted in pond is part of the Sugar Creek watershed.
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Page 6 of 13
4
10. Describ6the overall project in detail, including the type of equipment,to be used:
The proposed work consists of the placement of 5,000 cubic yards of material in approximately
0.21 acres of jurisdictional wetlands to achieve the project's purpose of establishing a single
family detached housing development. All land clearing and filling will be done with heavy
machinery (i.e. bulldozer, bobcat)
11. Explain' the purpose of the proposed work: The specific purpose of the Park South
Development master plan is to provide the direction and requirements necessary to ensure that
the development is constructed to the high quality standards typical of Park South Development.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE 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.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A z
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
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Provide a written description of the proposed impacts: The proposed work consists of the
placement of 5,000 cubic yards of material in approximately 0.21 acres of jurisdictional wetlands
to achieve the project's purpose of establishing a single family detached housing development.
i
1. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet
Type of Wetland***
1 Fill 0.21 No N/A Forested
{

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 FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at ht!p://xvwiv.feina.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh; forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
I
List the total acreage (estimated) of all existing wetlands on the property: 0.21
Total area of wetland impact proposed: 0.21
i
2. Individually list all intermittent and perennial stream impacts below:
i
Stream Impact
Site Number
(indicate on map)
Type of Impact*
I Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(please secif )
N/A N/A N/A N/A N/A NIA

* 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.coni,
w\vw.ma)quest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Page 8 of 13
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3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
I,
Open Water Impact
Site Number

(indicate on ma)
Type of Impact* Area of
Impact

(acres)
Name ofWaterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.
N/A N/A N.A N/A N/A

i
f

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The project engineers and planners also went through a process of avoiding and minimizing
impacts in developing the plans for roads, infrastructure, and other uses of the property.
Significant site features, such as natural drainage paths, large trees and stands of trees, were also
taken into consideration in the planning efforts to minimize jurisdictional areas impacts.
Stormwater management planning, irrigation planning, and utilities placement were all
conducted" with the goal of avoiding identified resources.
The application for the iurisdictional area alterations describes the areas where iurisdictional area
impacts are unavoidable. Practicable alternatives were not available for the alterations sought in
the application. In the process of trying to avoid jurisdictional areas and minimize the fill, no
decrease in wetland impacts was observed. The cost of the planning and redesign to avoid and
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Page 9 of 13
minimize the jurisdictional areas is substantial, and additional investment in the effort is not cost
effective for! no reduction in impairment to the wetland areas. The spatial distribution of the
project improvements.
the Project (no action alternative), or reducing the scope of the Project below the point of its
being feasible economically. The siting of the project is crucial to its success, making movement
to another site impracticable. The scope of the investment in the project is significant. In light
of the overall project purposes, the factors of cost, natural resources, engineering, and logistics,
and the many months of effort to avoid and minimize the impacts, no practicable alternatives are
identified for the impacts of the iurisdictional areas shown in the apnlication.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater !wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - ?In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a! required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ s Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
I
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,
Page 10 of 13
Because of the nature of the low-density development which results in more than 15 % of the
developable area, left in green space, further avoidance was not feasible and would have made
E
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.
water quality benefit since the pond has silted in and is no longer maintained.
If mitigation is requested the applicant will purchase appropriate compensation at an
approved mitigation bank. Proof of purchase of the credits will be sent to the Army Corps of
Engineers and NC DWQ within 60 of issuance of the 404/401 permit..
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wr2/index.htni. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
f
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.21 ac
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
r
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
t
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 I you are not sure whether a NEPA/SEPA document is 'required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yee El No X
If yes, hasI the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed? Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 11 of 13
I
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required statIe 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 belclearly 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 i 15A NCAC 2B .0233
(Meuse), 15X NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250i (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.;
k 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.
f
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t
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.
I
FXI. Stormwater (required by DWQ)
r
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.
Existing impervious area is below 10% on 12 acres. The final impervious area will be
approximately 35%. A stormwater plan is being design and will be approved by all state and
local facilities before being implemented.
Page 12 of 13
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All water and sewage is being handle by Charlotte County public sewage and water.
I
XIIL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ; ? No X
Is this an after-t
Yes I ?
XIV. Other
fact permit application?
No X
(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).
WRP is reviewing our request for mitigation. Debra Anderson with WRP gave ESP a verbal
acceptance Land will send a letter once she has reviewed the letter of request in detail.
(See attached letter to WRP)

Applicant/Agent's Signature hate`
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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ESP Associates, P.A.
engirtceritr; • atrrtty'ing - Planning
Date: June 1, 2004
To: Ms. Debra Anderson
NCDENR/ Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
From: Mr. Sean Connolly
ESP iAssociates, P.A.
PO Box 7030
Charlotte, NC 28241
P
RE: Request for WRP Mitigation
Dear Ms. Anderson,
Per our conversation on June 1, 2004, I am request that WRP be considered as a feasible
mitigation option for the Park South Development impacts. The proposed work consists
of the placement of 5,000 cubic yards of material in approximately 0.21 acres of
jurisdictional riparian wetlands to achieve the project's purpose of establishing a single
family detached housing development.
The Park South Development community is located in Mecklenburg County, North
Carolina within the city of Charlotte on Park South Drive. The site drains to Sugar Creek
through the'existing wetland ditches associated with the surrounding development. The
site is situated in Catawba 41 - 03050103.
I
Additional; information and maps have been included for you review. Thank you for you
time and ifiyou have any questions please call me at 704-409-2919.
i
Sincerely,
Sean Connolly
enclosures
c
WA
? 9 Michael F. Easley, Governor
QG i
AO William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
7 Division of Water Quality
(7 Y Coleen H. Sullins, Deputy Director
Division of Water Quality
June 3, 2004
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Simonini Builder s
C/o Sean Connolly
ESP Associates
P.O. Box 7030
Charlotte, NC 28241
Ir
Dear Mr. Connolly;
I
RE: Park South Development
DWQ #F 04-0798
Mecklenburg County
On May 17, 2004, the Division of Water Quality received your application for the above
mentioned project along with the 401 Certification fee. Since you used the Individual Permit
application, we assume that the US Army Corps of Engineers has determined that an Individual
Permit will be required for this project. DWQ's processing time will begin once we receive the
Public Notice from the Corps. If this project is being processed under a Nationwide Permit,
please resubmit the application using the most current version of the Pre-Construction
Application form which is available on our website at h2o.enr.state.nc.us/ncwetlands. Please
also address whether the stream is perennial or intermittent and whether this is an after-the-fact
application. Until this additional information is received, this application will remain on hold as
incomplete.
call me at 919-733-9646 if you have any questions.
Cc:
Ile DWQ Regional
File copy
Central files
1
I
Si rel ours,
hn
y
Offi
' 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
N. C. Division of Water Quality r
Customer Service
1-877-623-6748
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1
® North Carolina Wildlife Resources Commission
i
MEMORANDUM
TO:
FROM:
DATE:
Charles R. Fullwood, Executive Director
John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resourc s
Ron Linville, Regional Coordinator
Habitat Conservation Program
May 28, 2004
JUN 0 1 2004
r? t U"U"iii { {^`s SELO I L: ',11
}
SUBJECT: I Review of an application for Park South Single Family Development,
Sugar Creek area, DWQ 040798, Mecklenburg County
The applicant is requesting 401 Water Quality Certification from the North
Carolina Division of Water Quality. The NCWRC has reviewed information provided by
the applicant, and field biologists on our staff are familiar with habitat values of the
project area. These comments are provided in accordance with provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Th e project will include impacts to 0.75 acres of wetlands for road access and
infrastructure. The wetland is indicated to be poor quality (sediment filled historic pond).
Based on our review of the submittal, we encourage the use of stormwater
management techniques. If stormwater management ponds are required, we recommend
they be constructed using native plant species as described in the attached document.
Otherwise ,1 Low Impact Development (LID) techniques are recommended where
practicable. Information on LID measures can be found at wAirNv.lowimpactdevelopment.org.
Thl 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.
Attachment: Piedmont Stormwater Pond and Mine Planting Recommendations .
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]

Piedmont Stormwater Pond and Mine Planting Recommendations
i
Instead of using the typical fescue grasses or exotic plant species, the following mixtures should
be consideredfor lower elevation stormwater ponds and mine sites:
Spring/Summer Mixture, May 1- Sept. 15
Browntop millet 20 lbs/a
Kobe lespedeza 20 lbs/a
Shrub lespedeza 1 lb/a
Switchgrass* j 5 lb/a
Fall/Winter Mixture, Sept. 15 - April 30
Winter Wheat 1201bs/a
Kobe lespedeza 20 lbs/a
Shrub lespedeza 1 lb/a
Switchgrass* 5lb/ac
Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 71bs.
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. 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 pr ding habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory I 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.
TO
(704)583- ' 4949
f
IlKa
WE ARE SENDING YOU
ESP ASSOCIATES, P.A. o40798
P.O. Box 7030
CHARLOTTE, NORTH CAROLINA 28241
? Shop drawings
? Copy of letter
Attached
G
nn 2 ? M M n
Lugvvign ?Lr ( ° UVc?Lt llu ????° L?
? Under separate cover via L65 Alui^ 1,R1 the following items:
? Prints ? Plans ? Samples ? Specifications
? Change order ?
COPIES DATE NO. DESCRIPTION

VVERAND8 f 40, GROUP

WATER QUAL1°1"Y SECTInfq
THESE ARE TRANSMITTED as checked below:
For approval , .
? For your use
? As requested'
? For review and comment
? FORBIDS DUE
REMARKS
.n Imo. fl C

U U
t ? y

f r/A ENT
! EI ?/ED
COPY TO?ra it J?-
SIGNED:
If enclosures are not as noted, kindly notify us ace.
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
? PRINTS RETURNED AFTER LOAN TO US
? Approved as submitted
? Approved as noted
? Returned for corrections

Copy
I

i "' ESQ' Associates, P.A.
y ?
--- eninGering, • stll"VLwing - planning
WETLANDS 1401 GROUP

MAY 0 6 2004
0 4 O 7 9 8 WATER QUALITY SECTION '.
E

Park South Single-Family 4
Development WE?9-ANDS /401 CROUP

Charlotte, NC MAY
1 '? 2004
f
WATER OVAL ' SE TM
ACOE Wilmington District F r > >?",' ;
404/401 Permit Acquisition
i _
.
I
Prepared By:
ESP Associates, P.A.
PO Box 7030
t
s
Charlotte, NC 28241 ry
?
Phone # [phone] F'

April 28, 2004

-is

EXHIBIT 3 - ALDRIDGE AND CARPENTER NURSERY
McDowell Co. EW P 2005-6
existing cross section with markups
1

Top of Ro ck S tru ctur e Left To p of Ba nk
Ri ght To of Ba nk
U P

Grade
to d
rain CUT
Ri ver Ch ann 1 W at er S urf ace C UT (1 % max.) 3

I I V n M T
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B FIL L'
0 11 0 1 0 1 0 1 0 1 0 1 0
X
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M easure he ight "A' from d eepes t po int i n c hannel
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s. nst 11 EC f abric o n al l cu t slo pes and
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Width (feet) 224
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6-iz,-oS
Refer to Design Parameters for
Details
a?
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McDowell Co., Catawba
Design Parameters
Apply to Site Figure Title
X EXISTif
1 BANK
2 BANK
3 STREAI
4 TYPICA
5 TYPICA
X 6 SUGGE
7 STABIL
X 8 BENCH
X 9 LIVE S1
X 10 DEAD c
X 11 EC FAB
X 12 EC FAB
X 13 STABIL
X 14 TEMPO
X 15 TEMPO
X 16 LAND C
X 17 LAND C
X 18 LAND C
River-North Fork, DSR 6
G CROSS SECTION WITH MARKUPS
ABILIZATION TYPICAL SECTION
ABILIZATION WITH ROCK TOE TYPICAL SECTION
CHANNEL BENCH TYPICAL SECTION
J HOOK DETAIL
CROSS VANE DETAIL
TED VEGETATION LIST
TION PLANTING PLAN
PLANTING PLAN
KE DETAIL
OUT STAKE DETAIL
IC INSTALLATION DETAIL
IC ANCHOR DETAIL
TION CONSTRUCTION ENTRANCE DETAIL
ARY SILT FENCE DETAIL
ARY STREAM CROSSING DETAIL
ALITY 1
kALITY ITY 2
3
Notes and/or Measurements
600 LF of left bank; A=3.5 ft; Minimum medial rock axis = 4.3 ft
EC fabric z 3 Ib/fe
Park South Development Master Plan
TABLE OF CONTENTS
Executive Summary
Background and General Information
r
Purpose and Objectives
Description of the Project
404b Alternative Analysis for Unavoidable Impact
Compensation
Conclusion
f
Appendices
Application
Adjacent Property Owners
Site Location Map
Wetland Delineation
Park South Lot Layout
Wetland Cross Sections
c
Page 1 of 8
Page Number
2
2
3
3
3-5
5
6

I
EXECUTIVE SUMMARY
This project is being reviewed as a 404/401 Joint permit application. The proposed work consists
of the placement of 7,000 cubic yards of material in approximately 0.75 acres of jurisdictional
wetlands to achieve the project's purpose of establishing a single family detached housing
development.
Sections of this report provide a description and evaluation of specific project impacts to
jurisdictional "aters of the State, and ensure that the proposed work did not contravene water
quality standards or change classified uses of Sugar Creek. The assessment also ensures that the
proper sequencing of avoidance, minimization, and appropriate compensation for impacts not
feasibly avoided, has been demonstrated.
Park South Development proposes a single-family residential development on approximately
12-acres adjacent to Sugar Creek in Mecklenburg County, North Carolina within the city of
Charlotte. Thedevelopment will be known as Park South.
Proposed impa? is on the 12-acre site from
the development master plan included 0.75 acres of
jurisdictional impact, all of which was associated with fill of a jurisdictional wetland. The
jurisdictional area to be filled is a pond that was excavated out of high ground. The pond is no
longer maintained and has silted in, therefore, offering minimal water quality benefits. The
filling of this pond will remove safety concerns as well as water quality concerns associated with
stagnant water.!
BACKGROUND AND GENERAL INFORMATION
E
The Park South Development community is located in Mecklenburg County, North Carolina
within the city of Charlotte on Park South Drive. The area surrounding the proposed Park South
Development community is utilized for commercial development and contains many existing
commercial ventures. There was limited property within the Park South area available for single-
family residential development. Therefore, alternative sites were limited to this area. Being
located adjacent to the South Loop and near existing and future commercial ventures are
considered essential for the economic success of the project.
The site drains to Sugar Creek through the existing wetland ditches associated with the
surrounding development. The Park South Development tract is currently impacted from the
surrounding development, and existing commercial ventures, which will be relocated, once the
project begins construction.
The Park Sough Development tract is unique due to the major roadways that surround the
proposed development. The roadways will provide future access to the property and help ensure
Page 2 of 8
the economic success due to the existing development surrounding the applicant's property.
Vehicle access is from Park South Drive.
The Park South' j Development community master plan concept is to design a single-family
residential community, which will result in the creation of a unique neighborhood,
complimentary in nature to the existing adjacent land uses. The design concept was based on an
initial consideration of the environmental conditions of the site and resulted in proposed land
uses for the Park South Development community that complimented and enhanced these existing
conditions as well as adhered to state and federal regulations. The master plan was developed to
facilitate continuity and control of the initial design's integrity, environmental quality, visual
quality, and oth r aesthetic aspects of the development.
PURPOSE AND OBJECTIVES
The specific purpose of the Park South Development master plan is to provide the direction and
requirements necessary to ensure that the development is constructed to the high quality
standards typical of Park South Development. These standards are developed to facilitate
necessary construction activities while minimizing their impact on the natural environment.
1
DESCRIPTION OF THE PROJECT
E
Park South Development proposes to develop 12-acres of land in Mecklenburg County in the
city of Charlotte. All areas involved in the project have been delineated for areas within state
and federal jurisdiction as well as reviewed for Threatened and Endangered Species of Concern.
Park South Development proposes the development of a single-family residential project.
i
The specific goals of the development are to create a high quality residential real estate project
that enhances the market value of the property; create a high quality alternative in the greater
Charlotte market; create a world class and high quality project offering amenities, services, and
products in an environmentally sensitive and well-planned manner.
BASELINE CONDITION
The jurisdictional wetlands area on-site is an outfall/ drainage ditch from a silted in pond. The
silted in pondis part of the Sugar Creek watershed. Additionally, the jurisdictional area, which
is proposed to' be filled, has been impacted due to adjacent development associated runoff.
Therefore, the water quality benefit associated with the wetland area to be filled has greatly
diminished.
404b ALTERNATIVES ANALYSIS FOR UNAVOIDABLE IMPACTS
The siting of the project is critical to its economic success. The proximity to existing and future
development s a unique factor for the proposed site. The requirement for this development to be
successful economically can be achieved primarily through the single-family residential
community proposed for the site. The natural resources of the project site have been carefully
f
j Page 3 of 8
j
E
a
i
considered in planning and are primary component for the success of the proposed project. No
other sites were Found in the area where such a development could be successfully contemplated,
due to zoning constrictions and/ or adjacency to existing and future development. In light of the
overall project purposes, this was the only site available and capable of serving the purposes of
the proposed project when taking costs, logistics, jurisdictional impacts, and existing methods for
development into consideration.
The project, as planned, avoids impacts on natural resources to the maximum extent practicable.
Avoidance of impacts on jurisdictional areas was also a central effort in the many considerations
of residential development designs. The roads, utility corridors, and other developmental aspects
of the proposed project were all planned after the jurisdictional areas were thoroughly
investigated. However, because of the location of the wetland area impacts were considered
unavoidable. The area to be filled is a man made pond that is no longer used or maintained and
has completely' silted in. Additionally, it was determined that the wetland/ pond area offered
minimal water quality benefit. It can be debated that the pond is actually an impairment of the
watershed because it allows stagnant runoff from adjacent developments to build up to unsafe
levels. Therefore, it was determined that filling in the impaired area and providing appropriate
compensation would be advantageous from a natural resource, water quality, and biological
perspective. The proposed project removes a non-functioning wetland/ pond system for public
use, in the form of available housing, and will attempt replace the wetland/pond area with a fully
functioning wetland/ pond system as part of their Stormwater management plan.
Historic, archeological, and endangered species were investigated for the project and the
searches turned up no significant findings. All environmental and regulatory requirements have
been met or exceeded to the maximum extent possible in the development of the master plan.
The efforts to !avoid impacts on the jurisdictional areas and other resources of the Project site
included identifying the resources, mapping them, and developing plans for the uses of the
property that had the least impact. The concept of single-family residential was accepted over
commercial/ warehouse development in an effort to reduce impacts to natural resources, by
decreasing the! percent impervious area. The jurisdictional area was spread over approximately
20 % of the project site and right through the proposed entrance to the site. Relocation of the
entrance was not possible due to NCDOT regulations in regards to entrances adjacent to roadway
intersections. I It basically states that there must be a minimum set back :from the intersection.
Complete avoidance of jurisdictional areas was not possible in spite of a significant level of
effort on the part of the planners and engineers for the project. As impacts from preliminary
plans were identified, the project engineers and planners worked with the landowners to redesign
the community layout to minimize and avoid the impacts. However, the redesign of one area
often led to additional changes that also had the same wetland impacts. It was finally determined
that economic success could be realized if the project was converted to a single-family
residential community and the entire wetland system should be filled and appropriate
compensation provided.
The impacts to the jurisdictional wetland/ pond are consistent with similar projects previously
approved by state and federal agencies. The impacts are associated with access to the property
and are consistent with previous permit requests to fill impaired jurisdictional area.
Page 4 of 8
F
The project engineers and planners also went through a process of avoiding and minimizing
impacts in developing the plans for roads, infrastructure, and other uses of the property.
Significant site features, such as natural drainage paths, large trees and stands of trees, were also
taken into consideration in the planning efforts to minimize jurisdictional areas impacts.
Stormwater management planning, irrigation planning, and utilities placement were all
conducted with the goal of avoiding identified resources.
The application for the jurisdictional area alterations describes the areas where jurisdictional area
impacts are unavoidable. Practicable alternatives were not available for the alterations sought in
the application. In the process of trying to avoid jurisdictional areas and; minimize the fill, no
decrease in wetland impacts was observed. The cost of the planning and redesign to avoid and
minimize the jurisdictional areas is substantial, and additional investment in the effort is not cost
effective for no reduction in impairment to the wetland areas. The spatial distribution of the
jurisdictional areas creates a diminishing return on additional efforts to redesign or relocate
project improvements.
Because of the nature of the low-density development, which results in more than 15 % of the
developable area, left in green space, further avoidance was not feasible and would have made
the project economically unsuccessful.
Alternatives for the unavoidable alteration of the jurisdictional areas include not proceeding with
the Project (no action alternative), or reducing the scope of the Project below the point of its
being feasible' economically. The siting of the project is crucial to its success, making movement
to another site impracticable. The scope of the investment in the project is significant. In light
of the overalli project purposes, the factors of cost, natural resources, engineering, and logistics,
and the manymonths of effort to avoid and minimize the impacts, no practicable alternatives are
identified for he impacts of the jurisdictional areas shown in the application.
I
COMPENSATION FOR UNAVOIDABLE IMPACTS
Because the applicant is removing a safety concern and a water quality concern, it is the
applicant's hope that no mitigation will be required for areas not truly functioning as wetlands.
The man-made pond was excavated was excavated out of uplands and offers no water quality
benefit since I he pond has silted in and is no longer maintained.
f
If mitigation is requested the applicant will purchase appropriate compensation at an approved
mitigation bank. Proof of purchase of the credits will be sent to the Army Corps of Engineers
and NC DWQ within 60 of issuance of the 404/401 permit.
CONCLUSION
I
The placement of fill material in jurisdictional areas may cause a temporary increase in turbidity
levels in adjacent waterbodies, but ambient conditions should have resumed once the work was
Page 5 of 8
I
f
completed. Water quality standards will not be contravened and designated uses of Sugar Creek
will not be ch ged by the placement of fill material in jurisdictional areas.'
The Park SoutP, Development project proposes to fill 0.75 acres of jurisdictional area for road
access and infrastructure necessary for the proposed single-family development. The
jurisdictional area to be filled is poor quality and offers minimal water quality benefits.
Additionally, the jurisdictional area is a historic pond, whose outfall structure has been impaired
and silted in. The significant investment in the project includes an effort of more than six months
in redesign of fthe single-family residential development as well as the infrastructure and other
project components specifically to avoid and minimize jurisdictional area impacts. When the
quality of the liurisdictional area was considered along with regulations' from NCDOT stating
where the entrance can be no minimization or avoidance was possible. The 404(b)(1) Guidelines
requirements are met by the project, as demonstrated by the significant investment in design and
background research on the jurisdictional area.. The project site is uniquely suited to the project
because of residential zoning, the proximity and direct access to Park Drive, and existing and
future commercial development. No practicable alternatives remain to further minimize or avoid
the unavoidable impacts of the proposed projects.
Previous sections of this assessment have provided a description and evaluation of specific
project impacts to jurisdictional waters of the State, and provided recommendations and
modifications; when necessary, to ensure that the proposed work will not contravene water
quality standards or change classified uses of Sugar Creek. The above assessment also ensures
that the proper sequencing of avoidance, minimization, and appropriate compensation for
impacts not f6asibly avoided, has been demonstrated.
i
The application is an after the fact permit request it has been successfully demonstrated that
environmental concerns were addressed early in the planning process and that water quality was
protected through out the whole process by the use of BMPs during the filling process.
Additionally, the applicant was aware that pollutants present in fill material could have been
released if the material erodes during storm events and enters adjacent waters or jurisdictional
areas. Therefore, the use of only clean fill material, free of pollutant, was used to prevent water
quality degradation from contamination from such pollutants.
I
r
Page 6 of 8
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
E (33 CFR 325) Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413,1 Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application.for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS I THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 1 +2. FIELD OFFICE CODE 3. DATE RECEIVED
DATE APPLICATION COMPLETED
I IITFMS RFIOW Tn RF Fl1IFn BY ePPllceern
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE lanagentisnotreauiredl
Simonini Builders Sean Connolly
6. APPLICANT'S ADDRESS
i 9. AGENT'S ADDRESS
ESP Assoc., PO Box 7030
Charlotte, NC 28241
7. APPLICANT'S PHONE NOS. 'W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence a. Residence
b. Business I
i b. Business 803/ 600-8514
I hereby authorize, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental info mati in support of this permit application.
APPLICANTXSIGNA4qGRE DATE
4 NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE I-- '
i'
Park South Develc 5_ Ci
'13. NAME OF WATERBODY. IF ??,,? O rr 14. PROJECT STREET ADDRESS iitapA bei
Sugar Creek ?f? Park South Drive
15. LOCATION OF PROJECT
Mecklenberg
COUNTY ATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, tseeinstnrotionsl
17. DIRECTIONS TO THE S
Park Drive to Parki South Drive. Site at corner of Park South Rd and Sulkirk Road, next to
"The Cypress" 1
NG FORM 4345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (Descriprion of project, include e/i£eatures)
Creation of a single-family residential SID
19. Project Purpose (Describe The reason or purpose of the project, see instructions)
To create an economically successful single family detached SID of Park South Drive
i
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge II
Accesss to the property and infrastructure.
21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
Earthen Fill 7,000 cy
22. Surface Area in Acres of,Wetlands or Other Waters Filled lsee insrrucrionsl
0.21 acres
i
23. Is Any Portion of the Work Already Complete? Yes 0 No " IF YES. DESCRIBE THE COMPLETED WORK
i
i
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
I
i
See attached
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVFD DATE nFwrrn
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and cu te. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly aut d age f t a licant.
s
v /
SIGNA RE O ! PPLICANT DATE SIGNATURE OF AGEN DA
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
I
18 U.S.C. Section 1001 provides that. Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $ 10,000 or imprisoned not more than five years or both.
i
APPENDIX II
ADJACENT PROPERTY
OWNERS
1. "The Cypress"
3442 Cypress Club Drive
Charlotte, NC 28210
2. Deborah Carr
3800 Willowood Drive
Charlotte, NC 28210
3. ClaudeBoulware
3801 Willowood Drive
Charlotte, NC 28210
4. Darwin Johnson
3807 Willowood Drive
Charlotte, NC 28210
5. George Karnezis
3808 Willowood Drive
Charlotte, NC 28210
Page 8 of 8
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DRAWN BY " PROJECT PARK SOUTH DEVELOPMENT - engin'eeringesurve'yiny.ptdnnin,y
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XED BY SWONINI BUILDERS P.O. Box 7030, Charlotte, NC 28241
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Invoice Number Date Voucher Amount Discounts Previous Pay Net Amount
SC09 5/13/04 0032914 475.00 475.00
NC Divison of Water Duality III Totals 475.00 475.00
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WETLANDS 1401 GROli '
MAY 1 7 2004