20050866 Ver 1_Complete File_20050518

Michael F. Easley, Governor

William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P,E, Director
Division of Water Quality

July 6, 2005
DWQ# 05-0886
Mecklenburg County

Mr. Terry Knotts
Knotts Development Group
P.O. Box 687
Pineville, NC 28134

Subject: Greylock SID

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Knotts:

You have our approval, in accordance with the attached conditions and those listed below, to
fill 0.25 acre of wetland and impact 264 linear feet of an unnamed tributary of Four Mile Creek in
order to construct the Greylock Subdivision in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWQ) on May 18, 2005. 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://h20.enr.state.nc,us/ncwetlands. The General
Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations.

The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.

In addition to the requirements of the certification, you must also comply with the following
conditions:

1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.

2. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP)
in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and
15A NCAC 28 .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your
check (made payable to: DENR - Ecosystem Enhancement Program), the stream impact%ihall ~ot
occur. Ms. Carol Shaw should be contacted at [phone] if you have any questions;wt~::;)i;a

North Carolina Division of Water Quality 610 East Center Ave" Suite 301 Mooresville, NC 28115 Phone [phone]
Intemet: h2o,enr,state,nc,us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper

Customer Service
1-877-623-6748

concerning the EEP. You have one month from the date of this Certification to make this payment.
For accounting purposes, this Certification authorizes the fill of 0.25 acre of wetland and 264 linear
feet of perennial streams in the Catawba River Basin, (Cataloging Unit 03050103); and 264 linear
feet of stream mitigation is required. Please be aware that the EEP rules require rounding of stream
impacts to the nearest foot and wetland impacts to the nearest quarter acre (15A NCAC 2R
.0503(b)).

3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds on the property. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h20.enr.state.nc.us/ncwetlands.

4. The planting of native vegetation and other soft streambank stabilization techniques must be used
where practicable instead of rip rap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the streambed, unless approved by the DWQ.

5. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.

6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams/wetlands (of the discharge) will not be impacted due to sediment accumulations,
scouring or erosion.

7. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.

8. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.

9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
instal/ationt along with the Certificate of Completion form.

10. Continuing Compliance. The applicant (Knotts Development Group) shall conduct its activities in a
manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. If DWQ determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that state or federal law is being violated, or, - --
that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this '
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ
shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC

2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant
to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition that conforms to Chapter 1508 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

. for Alan W. Klimek, P.E.

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, Meek. County, Water Quality
Central Files
Len Rindner

050886

NORTH CAROLlNA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS

In accordance with 15A NCAC 2 H .0500, Knotts Development Group (Mr. Terry Knotts) has permission
as outlined below to fill 0.25 acre of wetland and 264 linear feet of stream in order to construct the Greylock
Subdivision in Mecklenburg County, North Carolina. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.

COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM

LOCATION:

Greylock Subdvision, East John Street

COUNTY:

Mecklenburg

BASIN/SUBBASIN

Catawba (03050103)

Impacts:

0.25 acre of wetland
264 linear feet of perennial streams

As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands
as outlined below prior to conducting any activities that impact or degrade the waters of the state.

Mitigation:

264 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated May 18, 2005, The EEP indicated that 264 linear feet of stream mitigation will be
conducted by EEP.

Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program
must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre
increments according to 15 2r .0503(b).

One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below, An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT
HAS BEEN PROCESSED BY THE EEP.

Signature

Date

ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N,C. 27669-1619

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Alan Johnson
RAY GIA~~nn

SUBJECT:

WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Knotts Development Group: Graylock
Project Number 05 0866
Recvd From APP
Received Date 5/18/05 Recvd, By Region
Project Type Residential SID

County Mecklenburg
County2
Region Mooresville

Certificates

Permit Wetland
Type Type

Wetland
Impact

Wetland
Score

Stream
Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

130,834. I 0,50 I

Feet
Req.

INW39 I om I@Y ON

111-137-9-4 r-c-I

Mitiaation
Mitigation Type

Wetland
Type Acres

Feet

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? @ YON
Is Mitigation required? @ YON Recommendation: @ Issue 0 Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 350613 Longitude (ddmmss) 804256

Comments:

Staff visited the site on May 31 2005 Applicant requests approval to fill 0 25 acre of wetland and impact 264
linear feet of stream (road crossing and fill) for a residential development The site is a well forested site,
bordered on two sides with residential development Four Mile Creek (which has SWIM buffers) flows through
a major portion of the site (no impacts proposed) One of the developments was constructed probably in the
1970's at least The site is located within 1/4 mile of 1-485 The main impact (247 linear feet) is located at the
main entrance to the development Due to the stream "alignment" , DOT reQuirements and the need to align the
proposed entrance road with an existing road, this impact is unavoidable The road crossing is near the
headwater of the stream channel the streambed was not much different than the surrounding soil A small
wetland is associated the impact as well Towards the rear of the property two small drainage ways channels
and associated wetland areas are proposed for impact One is too allow for a road crossing (includes 17 ft of
channel) the other is drainage area with associated wetland located in the rear of 4 proposed lots This "linear"
wetland may not be impacted ISSUE BY MRO

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Date:

5/19/05

Project Name: Knotts Development Group: Graylock
DWQ#: 05-0866
County: Mecklenburg

To: Alan Johnson, Mooresville Regional Office

60-day Processing Time: 5/18/05 to 7/16/05

nft po (,;'In'pI'lV
r~' I~>- ~. ~ n l~ ,-:n ~ 'r
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From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream determination
D Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization! avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern '
D
D

D

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

Ma~ 25 05 11:28a

Leonard S. Rindner

704 847 0185

p. 1

A-TF
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LEONARD S. RINDNER. PWS
Environmental Planning Consultant
Professional Wetland Scientist 84 '2
Land Planning err" ,~ ~ - ~ .,;)

FAX COVER LETTER 70'1" "~3 bO~O

Send To Fax Number: r;;~ 2el - e I ZO

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3714 Spokeshave Lane
Matthews, NC 28105
TeJe: (704) 84(,..0461
Fax [phone]

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Copy:

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MAY-25-2005 WED 10:07 TEL: [phone]

NAME: DWQ-WETLANDS

P. 1

Ma~ 25 05 11:28a

Leonard S. Rindner

704 847 0185

.2

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Ma::f 25 05 11:04a

p. 1

LEONARD S. RIND]'JER. PWS
Environmental PJan.DiDg 'CODSWtallt
Professional Wetland Sci(~lltist
Land PhUl.lling

;r

31U Spollcsbave Lllne
MaUbews. NC 28105
Tele: [phone]
Fax [phone]

May 25. 2005

Mr, Terry Knotts
Knotts Development Group
P.O, Box 687
PineviUe. NC 28134-0687

Re: Grevlock - Wetland Consultation - Ment Authorization Letter

Dear Terry:

In order to interface ,dth the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:

This letter authorizes jl:,eonard s. Rindner, PWS OS our finn's agent in matters related
to Waters of the U.s. "lId Waters of North Carolina for the referenced project site. This
includes interfacing wl~h the United States Army Corps of Enginef!TS and the North
Coralin 'eparlment ,~:{ Natural Resources.

I:;~-
."r----
:',

, K.....-H-r- GY'cyloc&: ~ 1.1..<

~- -..2. .r- or-
Date

Lis. Property Owner(s), ifapplic(l/)le

Printed Name and Ath",.ess
K....61t$ - G~<)'to';;~k. " L....c.
p. o. Go~ ~3'"J'..
P,;".eu\r1-t /lie. .2..f/z"/'

contact me jf you have any questions or require additional explanation, Thank

./
/"i
" ~(,'
/1
,II
/l

eonard S. Rindner, P'W'S
Environmental Planning Consultant
Profession Wetland Scit::ntist

MAY-25-2005 WED 10:07 TEL: [phone]

NAME: DWQ-WETLANDS

P. 2

Ma~ 25 05 11:29a

Leonard S. Rindner

.."."_,_,.".?P..,~_.~~.?_E!.~ 5.__.._....____" '_.._.._, _f'..:..~__.___,

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260. .,

IX. Stormwater (required by DWQ) NA
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.

As indicated on the Overall Permitting Plan a substantial portion of the site is common open
space and buffers, The proposed development area of the project is less than 30% impervious.

X. 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.
Municipal Svstem- Charlotte Mecklenburg Utilities

XI. Violations (required by DWQ) NA

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules?
Yes 0 Ko X

Is tllis an after-tlle-fact permit application?
Yes 0 No X

XII. 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),

?!~:;j 0<;

Applicant! Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided,)

Page 9 of9

MAY-25-2005 WED 10:08 TEL: [phone]

NAME: DWQ-WETLANDS

P. 3

Ma~ 25 05 11:2Sa Leonard S. Rindner
._..-.._----~-------"-~~-"""'''''...."''''''---''''',,,...,~~~......

7 0 4 8 4 7 0 1 8 ~_"._._.______.,_.E..:.~~-....,~,,-"''''
'. No.li77 P,1',

.May, i9, L005 1:53PM

YarJrough-Wi I Iiams & Houle

YARBROUGH-WILLIAMS &.HOULE,'INC. .
, Plann,ing · Surveying · Engifoeering'

\1"

Su~mary of Im~rvious Calc\llations: for Greyl()ck, Subdivison

, TotalProje<;t A,te3

! 59.05 AcfeS

'Less Floodplain

Total Single Family Site Area,
SF . ,.'

!,47:.59Acre& Ot 2,073,174

,.

Proposed Maximum 30% Imperiious AlloWable
For Sln~le Famlly Area '

!,1.U& Acres or 621,952 SF

Roads, Curb and GuWtr. and Sid8wallm .

+4.98' ACorea, or 21$,172'$F
+ 9.30 Acres or ,405.270 SF

'114 lots ~ 3555 SF I lot .... '

~ ,. ,'..., .,'
otallmpervious, Area For Gieylock Subdivision

+ 14.27 Acres or 621 ,442 SF or <30o/~ '
~ '.' . . ,. .'

Note: No Amenity Area Is pr~po"d for this site. ,...........'.

, , "
....... Note: The deve/oper.has not,se/ected. a sPec;fi~ home style at this e~ It is '
eXpected that based on similar projects in the arua in which 3;400 SFwas ,
(Gilead Ridgej.for70'. wide lots and 3,.000 SF was allotted for 70' 10ts,(Vil/age
Roseda(e)tthatthe ,;vera,ge of3~555 sq. fi of Imperviou,s area pfJr lot ;$ a
reasonable allowanc~perlot. At these'.other proie:ct lo~ationst/:le actuf;JI
upon area was well short of the -aJlotmenf-, '

, .
730 Windsor Oak Ct (2'8273) · p.ci. Box 7007 (1

MAY-25-2005 WED 10:08 TEL: [phone]

NAME: DWQ-WETLANDS

P. 4

Ma~ 25 05 11:2Sa

Leonard S. Rindner

704 847 0185

p.5

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11'

PROGRAM

May ] 8. 2005

Leonard Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105

Project: Greylock - Knotts Development

County: Mecklenburg

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (r\C EEP) is willing tD
accept payment for impacts associated with the above referenced projecL Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to detennine if payment to the NC EEP will be approved,

This ~cccptance is valid for six months from the date of this letter, If we have not received a copy of the issued 404
Permit1401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibililY to send
copies orthe 404/401 permits to NC EEP. Once NC EEP receives a copy ofthe 404 Permit and/or the 401 Certification an
invoicc will be issued and payment must be made,

Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table,

River Basin Wetiands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zonc 2
Unit (Sq, Ft.) (Sq, Ft.)
Rinarian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 264 0 0
030501 03

Traditional mitigation opportunities in this cataloging unit arc scarce and/or not feasible. Based on that fact, EEP rc~c;-vcs
the right to provide mitigation for this project subject to the following conditions:
(a) EEP prOVides alternative mitigation in the Cataloging Unit (i,e, something other than traditional restoration on a
ratlo basis); and/or
(b) EEP provides compensatory mitigation in an adjacent Cataloging Unit (in this case Catawba 03050101); and/or
(e) EEP provides preservation in the same Cataloging Unit.

i Upon receipt of payment EEP wi!ltake responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2: 1 ratio (buffers, Zone 1 at a 3: I ratio and Zone 2 at a ]: 1.5 ratio). The magnitude of the compensatory mitigation
will be as specified in the Section 404 Permit and/or 401 Water Quality Certification,

mtoyutj... E~... pyotectinj Our Stat~

AW.A
NCDENR

North Carolina Ecosystem Enhancement Program. 1652 Mail Service Center, Raleigh, NC 27699-1652 j 919-715-0476 I www.nceep.net

MAY-25-2005 WED 10:09

TEL: [phone]

NAME: DWQ-WETLANDS

P. 5

Ma~ 25 05 11:30a Leonard S. Rindner

704 847 0185

p.6

i<

Leonard Rindncr
Greytock - Knotts Development
\-lay 18, 2005
Page 2

~

Thc mitigation will be performed in accordance with the Memorandum ofCnderstanding bctwcen the N, C. Department of
Environment and Natural Resources and the U. $, Army Corps of Engineers dated November 4, 1998,

[r you have any questions or need additional information. pIcasc contact Carol Shaw at [phone].

Sincerely,

~ g, ~If

Uiam D. Gilmore, PE r
Director

cc: Cynth Karoly, Wetlands/401 Unit
Steve Chapin, USACOE-Ashevillc
Allen Johnson, DWQ Regional Office-Mooresville
File

RMtorinj... Eniuuu:htj... Pr{)tectinj OW'Sta;te-

HA
NCDENR

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/ 919-715-0476/ www.nceep.net

MAY-25-2005 WED 10:10

TEL: [phone]

NAME: DWQ-WETLANDS

P. 6

~

EJ North Carolina Wildlife Resources Commission EJ

Richard B. Hamilton, Executive Director

MEMORANDUM

-~.- --- -- - .,,-~

TO:

Amanda Jones, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers

~~@~U~j~~

MAY 2 5 7nn"l

FROM:

Cyndi B. Karoly, Supervisor
401 Oversight and Express Permits Unit
NCDWQ Wetlands and Stormwater Branch DENR-WATERt~\Ji~~":2,:\.;cH

David R. Cox, Program supervi~1 _ J/', / ' WE1\.ANOSANOSTQRJ.\Vi,,'St(O'",

Habitat Conservation Program ~~ (- r

May 23, 2005 '

DATE:

SUBJECT:

General Growth Properties and Childress Klein Properties - The Bridges at Mint
Hill, Goose Creek and Unnamed Tributaries thereof, DWQ No. 050666,
Mecklenburg County

The applicant is requesting concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers (COE)
and a 401 water quality certification from the N.C. Division of Water Quality (DWQ). 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. 66I-667d).

The applicant proposes to construct a mall (1.3 million square feet) on the headwaters of
Goose Creek. The project will require installation of two bridges over Goose Creek, filling 316
linear feet of intermittent channel, piping 149 linear feet of an intermittent channel, piping 149
linear feet of perennial stream and open cutting 40 linear feet of Goose Creek for installation of
utilities. A non-regulated breach (2.7 acres) is also indicated for a pond with a failing dam.
Proposed imperviousness is approximately 55 percent of a 215 acre project. The project area is
presently agricultural and forested land.

Mailing Address: Division of Inland Fisheries . 1721 Mail Service Center · Raleigh, NC 27699-1721
Telephone: [phone] · Fax: [phone]

,

Bridges Memo

2

May 23, 2005

Goose Creek is impaired and on the State's 303(d) list. Additionally, there are records
for the federal and state endangered Carolina heel splitter (Lasmigona decorata) in Goose Creek.
The U.S. Fish and Wildlife Service has designated Critical Habitat for the Carolina heelsplitter in
the Goose Creek watershed. This watershed also supports other federal and state listed
freshwater mussels, including the federal species of concern and state endangered Atlantic pigtoe
(Fusconaia masoni) and Carolina creekshell (Villosa vaughaniana), the state threatened creeper
(Strophitus undulatus), the state special concern notched rainbow (Villosa constricta), and the
state significantly rare Eastern creekshell (Villosa delumbis), as well as other common species.

Monitoring conducted by the NCWRC has documented about a 50-percent decline in the
range of the Carolina heelsplitter in Goose Creek since the early 1990s. The decline of the
Carolina heelsplitter is associated with water quality and habitat degradation. Increased
urbanization in Charlotte and Mecklenburg County has caused degradation to water quality and~
aquatic habitat.

During previous meetings with local government officials of the Mint Hill area, state and
federal biologists raised concerns regarding direct and indirect impacts for development projects
in the Goose Creek watershed. In the 404/401 application, the consultant states that the
measures outlined in the application "demonstrates a spirit of overwhelming compliance with the
North Carolina Wildlife Resources Commission's Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and
Water Quality (July 2002)." Despite local government's proposed improvements in stormwater
management, NCWRC and U.S. Fish and Wildlife Service (USFWS) biologists continue to raise
concerns about the adequacy of stormwater management and riparian buffers either encouraged
by or provided by local ordinances in Mecklenburg County and Mint Hill. Additionally, several
other concerns and issues have been discussed including floodplain protection and forest floor
habitat benefits to mussel species. Therefore, the inclusion of all applicable conservation
measures should be considered.

Weare concerned about direct and indirect impacts to Carolina heelsplitter and its habitat
in the Goose Creek watershed resulting from construction ofthe proposed project and associated
ancillary private development and public infrastructure projects. In order to complete our
evaluation of the permit application, we request the applicant provide the following additional
information:

1. Please provide information on when the jurisdictional water delineations were performed,
Weare concerned that delineations may have been performed during drought conditions
and additional jurisdictional waters, wetlands, seeps, and springs may occur on the site.
Due to the presence of Carolina heelsplitter and its habitat, it is imperative that all
jurisdictional waters are identified and correctly characterized (i.e., ephemeral,
intermittent, perennial). If the delineations were performed during drought conditions,
we recommend that a new and complete delineation for the project site be performed.
2. The applicant states that the plan "shall" comply with the Draft Mint Hill Water Quality
Design Manual. Please include a copy of the version of the" Draft" manual that will be
used for the area. The applicant indicates that Low Impact Development techniques will
have nutrient removal capabilities with extended detention wetlands along Goose Creek

,

Bridges Memo

3

May 23, 2005

and volume attenuation to replicate the natural hydro graph as well as the use oflevel
spreaders in preserved buffer areas. Placement of control structures like level spreaders
should not be located in floodplains associated with listed species. Maintaining existing
hydrographic conditions within the basin is essential to protect streambank stability and
aquatic habitats. In waters that support federally endangered species, we recommend that
new development exceeding 6% imperviousness shall be required to include stormwater
controls designed to replicate and maintain the hydrographic conditions at the site prior to
the change in landscape and at a minimum include provisions that satisfy WS II-HQW
minimum standards. The applicant should provide specific details on whether the
proposed stormwater control measures will meet this recommendation and other
stormwater management measures outlined in NCWRC's Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial
Wildlife Resources and Water Quality (July 2002) and WS-II CA requirements.
3. The information provided in the permit application shows the site is grouped into several
segments. Please provide information on each segment including identification of
buildings and stormwater control structures. Since the project is within a watershed that
supports a federally endangered species, we recommend that the applicant apply to DWQ
for an individual stormwater permit to ensure sufficient monitoring and management of
stormwater issues to preserve downstream aquatic ecosystems. Additionally, please
clarify whether materials used to construct the parking lots will be pervious or
, .
ImpervIOUS,
4. It is unclear from the information provided whether needed riparian buffer zones will be
maintained along Goose Creek and its tributaries. Buffers should meet or exceed those
protective measures indicated in the NCWRC's Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife
Resources and Water Quality (July 2002). Should the proposed buffers be less than those
recommended, we request the applicant provide information that documents the proposed
buffers meet the same level of aquatic habitat protection as those outlined in the NCWRC
Guidance Memorandum.
5. It is likely that the proposed project will result in improvements (e,g., widening) to
Lawyers Road. This road improvement will lead to increased imperviousness and
stormwater runoff and will likely facilitate additional development in the area. Any road
improvements and anticipated developments should be included as part of this permit and
certification application package.
6, The applicant proposes to breach an existing dam and drain the pond. Please clarify the
purpose and need for breaching the dam and draining the pond. Additionally, please
provide information on how the pond will be drained (i.e., breaching the dam or
pumping) and what protective measures will be used to provide restoration, maintenance
and stability to the remaining channel and buffers.
7. Two bridges are proposed over Goose Creek. Please clarify whether these bridges will
require any instream work or floodplain fill.
8. The applicant proposes an open cut for Goose Creek to install utilities. We prefer and
recommend the directional bore stream crossing method, and to begin this crossing
outside of the riparian buffer. However, if the applicant chooses to utilize the open cut
method, we recommend that aquatic surveys be conducted on perennial streams 100
meters upstream of the proposed crossing, within the proposed crossing, and 300 meters

#"

Bridges Memo

4

May 23, 2005

downstream from the proposed project crossings, Surveys should be conducted by
biologists with both state and federal endangered species permits. Qualitative mussel
sampling should bee onducted by visual (snorkel, SCUBA, 0 r view s cope) and tactile
surveys and should be conducted during the period 1 April to 31 October, These surveys
should be timed to provide catch-per-unit effort (CPUE). Specimens should be
documented for identification confirmation with color digital photographs in JPEG
format. The resource agencies should be provided a complete compilation of the results
of the survey. If species with federal protection status are encountered, sampling
activities should cease and findings should be immediately reported to John Fridell of the
U.S. Fish and Wildlife Service (USFWS) at [phone] and Ryan Heise of the
NCWRC at [phone].
9. The applicant indicated that wastewater will flow through parallel gravity sewer lines, but
it is unclear whether these are existing sewer lines or are new lines that will be installed.
Please provide detailed information on the utility (water, sewer, gas, electric)
infrastructure to be installed on the project site and where these utilities will be installed
in relation to jurisdictional waters. Please clarify if proposed water and sewer and other
infrastructure, including pump stations, will be used solely to provide service to the
project site or if these structures have the capacity to support additional development
within the area. Please identify if water and wastewater systems will be built by a private
entity to specifications required by local public utility. Please clarify if these utilities are
to be turned over to local utilities, serviced by local utilities or permitted by local or
public utilities subject to National Pollutant Discharge Elimination System permits.
Additionally, please verify that these activities are in compliance with current Interbasin
Transfer (IBT) restrictions issued by the Environmental Management Commission.
10. Provided that adequate measures are implemented to preserve downstream aquatic
habitats, discuss any enforceable measures to be provided to ensure permanent
compliance with permit and certification conditions as well as project proponent
promises. Mall proponents and local governments should provide details about ongoing
efforts and measures that will be provided for any ancillary or additional (secondary and
cumulative) development impacts precipitated by the mall 0 r utilities. Any mitigative
measures provided for the mall should be applied to areas outside the mall within Mint
Hill or Mecklenburg County.
11. The applicant proposes to mitigate impacts by implementing a conceptual plan for the
Seventh Day Adventist Church site developed by NCWRC in 2001. It should be noted
that this conceptual p Ian was top rovide general i nfonnation during initial discussions
with landowners and North Carolina Department of Transportation (NCDOT) regarding a
proposed restoration project. Should the applicant propose to use this site for mitigation,
we request a detailed plan that outlines the proposed restoration using natural channel
design including monitoring requirements and planting schedules. Any design work for
restoration activities in this area should include the entire section of Goose Creek and its
tributaries and wetlands within the property boundary. Any proposed restoration must
meet state-of-the-art natural channel design standards and assure stream stability and
floodplain integrity as well as prevent downstream degradation.
12. We understand that soils in this area are acidic and subject to significant erosion and that
it will be very difficult to maintain site stability and ensure that stream recharge functions
are not substantially modified. Based on previous restoration site evaluations, the stream

~.'

Bridges Memo

5

May 23, 2005

flows through an alluvial valley (Valley Type VIII) with wide, gentle slopes and well-
developed floodplains adjacent to river terraces. Soils at the site (along the creek) are
Monacan soils (MO). These are somewhat poorly drained, nearly level soils on
floodplains along streams and drainageways that have a branched drainage pattern. The
organic matter content is low in the surface layer. Permeability is moderate, the available
water capacity is high, the shrink-swell potential is low, and surface runoff is slow. The
subsoil is strongly acidic to neutral. Depth to the seasonal water table is only 0.5 to 2
feet in winter and in early spring. Flooding is for brief periods in late winter and early
spring. In Mecklenburg County, most of the acreage for MO soils is used for crops or
pasture. These soils have low potential for all urban uses because of wetness and
flooding. Good uses are for pathways and trails. Approximately 75 to 100 feet on each
side of the existing channel are Cecil sandy clay loam soils (CeB2 and CeD2) found on 2
to 15 percent slopes. These are well drained red clay or red clay loam soils found on
smooth, upland ridges. The applicant should provide detailed descriptions of soil
characteristics and conditions in the area as well as provide information on measures to
maintain site stability and stream recharge functions. Project proponents should provide
additional evaluations of stream, soil and geologic conditions through the mall site and
downstream to the county line.

While we are encouraged by the proactive measures taken by the applicant, we are
concerned that they may not be adequate to protect the Carolina heelsplitter and its habitat.
Therefore, at this time, we cannot concur with the issuance of a 404 permit or a 401 water quality
certification due to additional information needs and the potential for direct and indirect impacts
ofthe project to designated Critical Habitats ofthe Carolina heelsplitter as well as other state and
federal listed species. The U.S. Army Corps of Engineers should consider requiring an
Individual Permit for this project due to the presence of species listed pursuant to the Endangered
Species Act. The N.C. Division of Water Quality should require an Individual stormwater
permit for the mall site and additional developments in this watershed. Public hearings should be
held for these permits and certifications prior to issuance.

Proposals for implementation of alternative measures from those outlined in NCWRC's
Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic
and Terrestrial Wildlife Resources and Water Quality (July 2002) may be considered. For
habitat measures that do not conform to NCWRC's recommended measures, we would favorably
consider implementation of such measures provided the applicant implements an approved
monitoring plan to document equivalency. However, in the event the implemented measures do
not provide the desired protection, local governments, including Mint Hill and Mecklenburg
County must agree to implement additional measures until equivalent protection is attained. In
order to assure that this occurs; automatic building moratoriums will need to be provided and
implemented immediately. Also, limitations will be needed on the provision of all public
utilities, including, but not limited to roads, sewer and water serving the area.

Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact Ron Linville at 336-769-9453.

Ec: John Fridell, USFWS

Greylock

050806

Mecklenburg County.
North Carolina

P^\Ii\IlC~IT
h I I" 1I,
RECEIVED

Joint Application Form and Supporting Documentationfor

NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
And
NCDENR

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iJ

Prepared For

Mr. Terry Knotts
Knotts Development Group
P.O. Box 687
Pineville, NC 28134-0687

Prepared By:

Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]

~~@~nw~~

MAY 1 8 2005

DENR. WATER QUALlTXAlII'
WE\1.NIDSANO STORMWATER BIV\I'."H

*Subject to verification by the USACE

May 15, 2005

Page 1 of9

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter ''Not Applicable" or ''N/A''.)

~~@~nwg\ID

MA'< 1 8 2005

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~os~050866

Office Use Only:

I.

Processing

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RECEiVED

1. Check all of the approval(s) requested for this project:
X Section 404 Permit 0 Riparian or Watershed Buffer Rules
o Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification (less than PCN threshold)

2. Nationwide, Regional or General Permit Nwnber(s) Requested: 39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: 0

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: An application has been fonvarded to the NCEEP

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: D

II. Applicant Information

1. Owner/Applicant Information
Name:_Mr. Terry Knotts
Knotts Development Group
P.O. Box 687
Pineville, NC 28134-0687
Telephone Nwnber: 704 542 5486 Fax Number:
E-mail Address:

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner, PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Sookeshave Lane
Matthews, NC 28105

Fax Number: 7048470185

Telephone Nwnber: 704 904 2277
E-mail Address:lrindnerUV.carolina.rr.com

III. Project Information

Page 2 of9

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 defmed. 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.

L Name of project: Greylock

2. T.LP. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Mecklenburg County Nearest Town: Matthews
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps - near Exit 52 - intersection 1-485

5. Site coordinates, if available (UTM or Lat/Long): 35.10370N, 80.71560W (WGS84jNAD83)
USGS Matthews (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): + 56 Acres

7. Nearest body of water (streamlriver/soundloceanllake): UT of Four Mile Creek

8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state,nc.us/adminlmaps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped woodland.

10. Describe the overall project in detail, including the type of equipment to be used:
Proposed residential development.
11. Explain the purpose of the proposed work:

Page 3 of9

Road crossings to access develop residential areas and site preparation.

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 ill 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.

Preliminary wetland and stream evaluation and delineation was conducted in conjunction with
project planning. Modifications were made to the initial concepts to minimize impacts to
jurisdictional streams and wetlands.

Futur.e ~t Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional impacts are not expected. Minor impacts to wetlands and streams are limited to road
crossings and for site preparation. A SWIM buffer is adiacent to the perennial stream along the
property line. The remaining wetlands and intermittent stream are within common open space or
along the rear yard property line.

V. Proposed Impacts to Waters of the United States/iW liters 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
evaluatioo and delineation forms should Be included as appropriate. Photographs may be
included~t the .applicant's discretion. Iftbis~rbposed impact is strictly for wetland or stream
mitigation, list and describe the imp;wt in Sectibrt VItI below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: Proposed imDacts to streams
are limited to a road crossing and small wetland impacts to prepare development areas.

Page 4 of9

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact tOO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
A NWP #39 fill 0.15 no Less than 50' PSS lA
B NWP #39 fill 0.05 no o to 100' PSS lA
C NWP #39 fill 0.05 no o to 200' PSSIA
,

* 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,
** 1000Year 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 htto://www,fema,gov,
*** List a wetland type that best describes wetland to be impacted (e,g" freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc,) Indicate if wetland is isolated (determination of isolation to be made by USACE only),

List the total acreage (estimated) of all existing wetlands on the property: +/- 0.25 acres

Total area of wetland impact proposed: +/-0.50 acre

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
A NWP 39 247' UT of Four Mile Creek 4' perennial
B NWP #39 17 ' same 4' perennial
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, 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,tooozone,com,
www.maOQuest.com. etc,),

Cumulative impacts (liIiear distance in feet) to all streams on site: 264lf

Page 5 of9

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type ofImpact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included With this application.
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

Size of watershed draining to pond:

Expected pond surface area:

VI. 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 location ofthe primary entrance road to the project is dictated bv a required distance
from the 1-485 interchange and an alignment with a road across the intersection. Permanent
impacts to streams are limited to road crossings to access development parcels and required
connectivity. Road alignments was adjusted to the extent feasible to cross creeks at strai€ilit
segments and are.as perpendicular as feasible. Headwalls are utilized to reduce stream impacts to
the extent feasible. The remaining streams and wetlands are along rear lot lines or within
C01l1IJlQD open space. Minor impacts to wetlands are limited to site preparation. A SWIM buffer
is adjacent to the perenn.!al stream along the property line.

Page 6 of9

Mitigation

DWQ - In accordance with l5A 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://h20.enr.state.nc. us/ncwetlandsl strmgide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Impacts have been minimized throu~ the use of headwalls and modification of the road
alignment to avoid and minimize stream impacts to the extent feasible. The remaining
streams and wetlands are within required .common open space or along rear lot lines.

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/wro/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: NA
Amount of stream mitigation requested (linear feet): 264 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):

Page 7of9

Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

VII. Environmental Documentation (required by DWQ> NA

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes 0 No X

If yes, does the project require preparation of an envirorunental document pursuant to the
requirements of the National or North Carolina Envirorunental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for envirorunental documentation.
Yes 0 No 0

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA fmal approval letter.
Yes D No D
VIII. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ> NA

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No 0 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 Multiplier Required
(square feet) Mitigation
I 3
2 1.5
Total

* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or

Page 8of9

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

IX. Stormwater (required by DWQ) NA
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.

As indicated on the Overall Permitting Plan a substantial portion of the site is common open
space and buffers. The proposed development area of the project is less than 30% impervious.

x. 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.
Municipal Svstem- Charlotte Mecklenburg Utilities

i
XI. Violations (required by DWQ) NA

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Ru1es?
Yes 0 No X

Is this an after-the-fact permit application?
Yes 0 No X

XII. 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 schedu1es (e.g., draw-down schedu1es for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 9 of9

. IN LlliU l'EE Kh(,lUE~T .t'UKM

rage: J. UJ. J.

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 3/29/05)

Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.

1. Name of Applicant or
A ent *
2. Name of Business *
3. Street Address *
4. City, State, Zip *
5. Telephone *
6. Fax
7. E-mail
8. Project Name *
9. Project Location *
10. Lat-Long Coordinates
11. River Basin *
12. Cataloging Unit (8-digit)
***

11. Project County*

14. Riparian Wetland
1m act ac *
15. Non-Riparian Wetland
1m act ac *
16. Coastal Marsh Impact
ac *
17. Stream-Cold Impact (ft)
*

18. Stream-Coollmpact (ft)
*

Long

It;'/; W

"new. ~

Attachments? ~es

&J~ t1~

* Required information; era answer" 14-22 should be indicated with "0" or "N/A", not left blank,
** Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed,
*** Go to EPA "Surf Your Watershed" http://cfQill:>,epa.gov/surfllocate/index,cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or [e-mail]

http://www.nceep.netlnews/reports/fonns/ILFfonn.htm

5/14/2005

- -0- - -- -

Len Rindner

I
From: Carol Shaw [[e-mail]]
Sent: Monday, May 16, 20057:52 AM
To: Len Rindner
Subject: Re: greylock - Mecklenburg County

I did receive your fax. I will do my best to get it back to you quickly, will probably be tomorrow, I will
fax it to you.
Carol

I
Len Rindner wrote:

Carol:

I faxed a request form to you for a project called Greylock, I am really behind on this one - anything
you can do to expedite the approval would be greatly appreciated. The basin is 03050103, the
amount is 264 linear feet of stream,

Thanks Len

5/16/2005

o

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Map center is 35.10370N, 80.71560W (WGS84!NAD83)
Matthews quadrangle
Projection is UTM Zone 17 NAD83 Datum

http://www.topozone.com!print.asp?z=17&n=3884583.oooe

M=-7.182
G=O.164

USGS MAP-MATTHEWS

Mecklenburg Countyt North Carolina
POLARIS

Property Ownership Land Records Information System
Date Printed: Sun May 15 08:13:08 EDT 2005
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This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, sUlveys,
planimetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information
sources should be consulted for verification, Mecklenburg County and its mapping contractors assume no legal responsibility for the information

contained herein,

http://maps2.co.mecklenburg.nc. us/servlet/com.esri.esrimap.Esrimap?

LOCATION MAP

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Mecklenburg Countyt North Carolina
POLARIS

Property Ownership Land Records Information System
Date Printed: Sun May 1508:13:08 EDT 2005

This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data, Users of this map are hereby notified that the aformentioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information

contained herein,

http://maps2.co.mecklenburg.nc. us/servlet/ com.esri.t

AERIAL PHOTOGRAPH 2004

EPH, CHANNEUGULL Y

APPROXIMATE MAP - WATERS OF THE U.S.

FOR STUDY PURPOSES ONLY
SUBJECT TO DELINEATION AND U,SAC,E, VERIFICATION

..

~L0PER:
1(')111('\ ,rHrt ",nrUr.tlIT

PROJECT: GREYLOCK
TOTAL ACREAGE: 59,053 ACRES
USGS REFERENCE: MATTHEWS, NC
MAP#35080-A8-TF-024
LATITUDE: 35.06'06" N
LONGITUDE: 80.42'57" W

GREYLOCK

DEVELOPER:
KNOTTS DEVELOPEMENT

SCALE
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GREYLOCK
WETLANDS DETAI[ "A"

DA TE: 5/5/05
----------- - PROPOSED STORM DRAINAGE PIPES

NOTE: STABILIZE STREAM BANK AS NEEDED FOR INSTAllATION OF PIPE
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DATE: 5-6-05

EPHMERAL DRAINAGE

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