20050994 Ver 1_Complete File_20050606

Mitigation required by DWQ is set on this Project, please enter Mitigation information before issuing the
- Project. - WPCR1014
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Detadst Details2 j Permits and Certs Cross Refs Impacts Mitigator, Fees AIDIiaGOns Event ; Inspections Comment, History
Project Number: 20050991 Version: 1 Status: Received Last ActionDesc: Application sent to Region -Save '
Project Name: Crab Orchard C10 Mag Land Development LLC Project Type: Residential Subdivision Primary County: Mecklenburg
'Impact Calegoryffype I__ _Mitigation Type __! 'Amount l Units- 'Subbasin Document..! Mitg. U VO _ Mitg.. COE Last Updat
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Mit. Plan Received Dt.: F.^'.t. Plan Approved Dt.: E EP Nun,:
r, Mitigation Required by UYNJ Mitigation Required by COE
WO Monitoring Required Physical Monitoring Required ? Biological Monitoring Required
Comment.
UndConversion_. !. Totals
Finish Cancel
'%% Oer, .WAT ?RpG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 4, 2005
DWQ# 05-0994
Mecklenburg County
Mr. Allan McClelland
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Subject: Crab Orchard S/D, W. Rocky River Road, Mecklenburg County
APPROVAL of 401 Water Quality Certifications with Additional Conditions, Ecosystem Enhancement
Program
Dear Mr. McClelland:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 264 linear feet (If) of unnamed stream to Toby Creek and 5 linear feet of Toby Creek in order
to construct the Crab Orchard Subdivision in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWQ) on June 7, 2005. After reviewing your application,
we have determined that this project is covered by Water Quality General Certification Numbers 3402
and 3404 which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. These
General Certifications allow you to use Nationwide Permit Numbers 39 and 14 once they are issued
to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state
or local permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures. These measures must be approved, in writing, by this office prior to
construction. One
Nn Carolina
alm,a!!!1
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 500% Recycled/10°b Post Consumer Paper
3. The planting of native vegetation and other soft streambank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the stream bed, unless approved by the DWQ.
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
5. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
6. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds on the property. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands.
7. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP)
in order to compensate for the impacts to streams. Until the EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program), the stream impacts shall not occur.
You have one month from the date of this Certification to make this payment.
8. 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.
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
installation, along with the Certificate of Completion form.
10.Continuing Compliance. Mag Land Development, LLC shall conduct all activities in a manner so as
not to contravene any state water quality standard (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal
law. If DWQ determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that state or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to
include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify Mag
Land Development, LLC 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
21-1.0504. Any new or revised conditions shall be provided to Mag Land Development, LLC in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, Mecklenburg County
Central Files
Len Rindner
050994
NORTH CAROLINA-DIVISON OF WATER QUALITY
a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, Mecklenburg County
Central Files
Len Rindner
050994
NORTH CAROLINA-DIVISON OF WATER QUALITY
Triage Check Dist
Date:
6/13/05
Project Name: Crab Orchard
c/o Mag Land Development
DWQ#: 05-0994
County: Mecklenburg
To:
Alan Johnson, Mooresville Regional Office
60-day Processing Time: 6/7/05 to 8/5/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Cumulative impact concern
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
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!
Crab Orchard
Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONIVIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS & NCDENR
Prepared For
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Prepared By:
Leonard S. Rindner, PWS 0, 12 ,
Environmental Planning Consultant 1( L?r-? L f
3714 Spokeshave Lane t! ?9)
Matthews, NC 28105
UN 7
[phone] 2005
*Subject to verification by the USACE
June 5, 2005
Page 1 of 9
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 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: Approval from NCEEP - attached
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information '
Mr. Allan McClellan JUN 7 2005
Mag Land Development, LLC
2794 West Pinewood Drive c-" n _ ;;; =.1,
Chester, SC 29706 E?WXH
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner, PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews, NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lrindnerncarolina.rr.com
Page 2 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Crab Orchard
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg County Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps
Site coordinates, if available (UTM or Lat/Long): 35.28710N, 80.74960W (WGS84/NAD83)
USGS Lowesville (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists
the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): + 30.57 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Toby Creek/Toby Creek
Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://112o.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: Undeveloped woodland and former agricultural areas.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed residential development
Page 3 of 9
11. Explain the purpose of the proposed work:
Road crossings to access develop residential areas.
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.
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.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional impacts are not expected. Minor impacts to 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 are within common open space or along the side or rear yard property lines.
V. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impacts to streams
are limited to road crossings.
Page 4 of 9
2. 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***

* List each impact separately and identify temporary impacts. Impacts include, but are not ttmited to: mechanized aeanng, graumg, 1111,
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:/hv%vw.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).
List the total acreage (estimated) of all existing wetlands on the property: not identified -
limited to surface waters - +/- 4500 linear feet
Total area of wetland impact proposed: 0.00 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet)
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif
I NWP 39 92' UT of Toby Creek 6' perennial
2 same 86' same 6' perennial
3 same 86' same 6' perennial
4 NWP #14 5' Toby Creek 15' perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associateo 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
do%vristream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uscs.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mapguest. com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 2691f
Page 5 of 9
NWP #12 will be utilized to connect to a sanitary sewer to an existing sewer trunk line along
the tributary to Toby Creek
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma
Type of Impact' Area of
Impact
(acres)
(if Name applicable) Wateplicabllee) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, arcagmg,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
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
straight segments and are as perpendicular as feasible. Headwalls are utilized to reduce stream
impacts to the extent feasible The remaining streams are along rear and side lot lines or within
common open space A SWIM buffer is adjacent to the perennial stream along the property line.
The crossection of the road crossing is reduced by elimionating the landscape strip as requested
by NCDENR
Page 6 of 9
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
littp:Hli2o.enr.state.nc.us/ncwetiands/strm,gide.html.
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 through the use of headwalls and modification of the road
alignment to avoid and minimize stream impacts to the extent feasible. The remaining
streams are within required common open space or along 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/wrp/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): 2691iinear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 7 of 9
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
(federaUstate) 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 ?
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 ?
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 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
• Zone 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 8 of 9
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)
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.
The impervious surface areas have been determined to be less than 30% impervious - see
attached breakdown per civil engineer/planner.
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 System- QNW
XI. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the fact permit application?
Yes ? 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).

Applicant/Agent's Signature / Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
05/25/2005 17:37 8037897337 MAG LAND DEVELOPMENT PAGE 01
LEONARD S. RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
May 25, 2005
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester. SC 29706
Re: Crab Orchard - Agent Authorization Letter
Dear Allan:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will, need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S and Waters of North Carolina for the referenced project site. This
includes interfacing with the United Stales Army Corps of Engineers and the .North
Carolina epartment of Natural Resources.
Mr. Allan McClellan
List Property Owner(s), if applicable
Printed Name andAddress
Please contact me if you have any questions or require additional explanation. Thank
fiZ nard S. Rindner. PWS
Environmental Planning Consultant
Profession Wetland Scientist
Is-
Eeos stem
PROGRAM
May 26, 2005
Leonard S. Rindner, PWS
3714 Spokeshave Lane
Matthews, NC 28105
Project: Crabtree Orchard County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0 0 0 0 0 300 0 0
03040105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
bm D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
R.estoriptg ... E ... Protect, Our State
?XWI
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / mvw.nceep.net
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PERENNIAL STREAM TO PL - j 1
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EPH. CHAN N EUGU LLY/D ITCH APPROXIMATE MAP - WATERS OF THE U.S.
FOR STUDY PURPOSES ONLY
SUBJECT U.S.A.C.E. VERIFICATION
CHAS. H. SELLS, INC.
CRAB ORCHARD 128 0- C-
J ?v g
N217
rd: 704-66C2-0'1'00'
CHARLOTT, NORTH CAROLINA F.. 70-0t11
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f May 20, 2005
Environmental Planning Consultant
Mr. Leonard Rindner
3714 Spokeshave Lane
Matthews, NC 28105
r Reference: Impervious Calculations
j Crab Orchard, Charlotte, North Carolina
Dear Mr. Rindner:
Pf" :C;I'4LS
SIEVENVi. 1,%1iTIA, P.E.
SUSA J I F! SNA HT P.E.
HOSED EUO?O 0 PE
THOVA 0 ELLP O C P, PP S
ICN.ORP O IATE7
DAN L L'2E`A%EK P E
C_ HOSS t.1ASSEY. P.E
DAVID h:. GRUIVER, P L S
On behalf of MAG Land Development, LLC, we have calculated the proposed impervious
I;
coverage for the residential subdivision "Crab Orchard"
I k
Total Project Area = 30.57 acres
I
Total Project Impervious (Maximum 30%= 9.71 acres):
I!, Proposed Streets= 2.51 acres
Sidewalk*= 0.63 acres
i
85 lots @ 2,400** SF/lot= 4.68 acres
Total Project Impervious= 7.82 acres (26%)
*Sidewalk=6,901' x 4' wide = 0.63 acres
**Based on same builder's homes, driveways and patios constructed on 60' lots.
Respectfully submitted,
Chas. H. Sells, Inc.
L??
S,'1
Steven L. Bailey
Project Manager
Cc: Mr. Allan McClellan, MAG Land Development, LLC
I_'..ll riiiill I)ri ?nii In" \I ,n•?ill \l ^..II 'I' I: -n 1, n_'JIIIW 1; ;IILowI.II101 v li,i-L rll-. nni
1\ I:11( \Ltll'I'nl?ll \IIl I: \II'LUll:l?. \1F
NOTE:
NO WETLANDS PRESENT
c V '?

i

..••
?.
640
.,

632

V I

CROSSING #1
C TRP 4 IRE
?A
1 47 LF - 5'X11' CONCRETE
624 L .
.
- BOX CULVERT
DISTURBANCE:
92 LF OF STREAM

616
DATUM ELEV
615.00 0
CRAB ORCHARD
STREAM IMPACTS
CROSSING #1

1 " = 50'/5'

T
E
6 F HEADW
2.0 L
TOP OF H

. WALL
6 no

(BU IN
Y . 628.2
BELO
I
(
S V. 6
WRY
REA 9.
1' 9
BELOW
ED)

00

? 0

? 50

? 1t
r°?
m 0
N
tp
o
r?
co
TOP OF HEADWALL
EL. 652.0
4 \
4
4L
648
TOP HEADWALL
EL. 650.0
?
sao ?--- ? Q
FA-
CROSSING #2
632 48 LF - DOUBLE 54" RCP
DISTURBANCE:
86 LF OF STREAM
(BURY ELOW
STREAM BED)
624
CRAB ORCHARD
DA77J.1/=V STREAM IMPACTS
620-W o 00 CROSSING #2
1 " = 50'/5'

IN 6 F1.3 1 8

IN THE
63 M
2.53 BED)

0 50
632
TOP OF HEADWAL
EL. 632.
624
616
DAMM =V
610.00

BUR jl V. 624.72
BELOW
L
V.
BUR
STRE
322
1
AM
.13
BELOW
BED)

I v
rm
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10 v
ui
N
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o
17
4D rn
to
N
to
0+00 0+50
TOP OF HEADWALL
EL. 634.0
?.rw??nvv ?jp
46 LF - DOUBLE 54" RCP
DISTURBANCE:
86 LF OF STREAM
640
TOP OF HEADW,
EL. 63
632
624
616
0+00

TOP
EL. 6

LL
.0

( INV.
URY 1'
STREAM
31 25.0
-LOW
BED)
L
( 1
RY
STR 4V.
1
A 627.0
ELOW
BED)
0+50 1+00
' HEADWALL
i.0
TOP OF HEADWALL
EL. 632.0

i
CROSSING #4
1 LF - DOUBLE 72" RCP
DISTURBANCE:
1 LF OF STREAM
Lo q
Nq
-000
FROM CLOSEST
I
DISTURBANCE POINT_ ?
100' SWIM BUFFER
I I
cv q ® A
I a I
?q
.60
10
G
00
I \ a \ , A ? nr-J
LIMITS OF CONSTRUCTION
CRAB ORCHARD
STREAM 1
BUFFER PLAN
1" = 50'

/ w ?
Nq /?

17 FROM CLOSEST
DISTURBANCE POINT
LIMITS OF CONSTRUCTION-

d

bgI

?? os
Log
100' SWIM BUFFER

a
CRAB ORCHARD
STREAM 2
BUFFER PLAN
l" = 60'
IN'I-4
/ol
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
May 25, 2005
Ms. Carol Shaw
NCEEP
1652 Mail Service Center
Raleigh, NC 27699-1652
Re: Crab Orchard, Mecklenburg County, NC
Dear Ms. Shaw:
On behalf of my client, Magland Development, I am requesting acceptance to utilize the
services provided by the NCEEP to meet stream mitigation requirements when the
permits are issued by the USACE and the NCDWQ for impacts due to proposed road
crossings. Proposed stream impacts will require mitigation requirements for at least 300
linear feet. The cataloging unit is 03040105 (Tributary of Toby Creek in the Yadkin
Basin).
Please contact me if you have any questions or require additional information.
Thank you for your consideration.
Leonard S. Rindner, PWS
Environmental Planning Consultant
cc: Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
IN LIEU FEE KEQUES'l' FOKM rage i or 1
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 3129/05)
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
Agent * Leonard S. Rindner, PWS
2. Name of Business * Environmental Planning Consultant
3. Street Address' 3714 Spokeshave Lane
4. City, State, Zip * Matthews, NC
5. Telephone * ( 704 ) 904 - 2277
6. Fax ( 704 ) 847 - 0185
7. E-mail [e-mail]
8. Project Name * Crabtree Orchard
9. Project Location * Charlotte
10. Lat-Long Coordinates Lat 35.2871 Long 80.7496
11. River Basin * Yadkin
12. Cataloging Unit (8-digit) 03040105
11. Project County* Mecklenburg
14. Riparian Wetland
Impact ac *
15. Non-Riparian Wetland
Impact ac *
16. Coastal Marsh Impact
ac *
17. Stream-Cold Impact (ft)
*
18. Stream-Cool Impact (ft)
*
19. Stream-Warm Impact
ft* 300 linear feet
20. ** Buffer-Zone 1 Impact
s ft*
21. ** Buffer-Zone 2 Impact
s ft*
22. ** Buffer-Total (Zone 1 +
Zone 2 s ft

Attachments? Yes Si&rA licant r ent:

D' Required information; zero answers in 14-22 should be indicated with -u or -NiH , not iert oianK.
** 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;//cfpub.epa,.gov_/surf_/locate/index.-cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@nc_ma_il.net
http://www.nceep.net/news/reports/forms/ILFforrn.htm 5/25/2005
i
Crab Orchard
Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS & NCDENR
Prepared For
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE
June 5, 2005
7 C i
U°
'UPI7 2005
Ur1LITY
ETC'. ; ,; I;?+Tc+4 ?RSf,CH
Page 1 of 9
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 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: Approval from NCEEP - attached
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Telephone Number:
E-mail Address:
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Fax Number:
?J
JUN 7 2005
`iETW;DSnsD$ICr.a?:'1'Ei 4, : {
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner, PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews, NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lrindnerncarolina.rr.com
Page 2 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Crab Orchard
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg County Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps
5. Site coordinates, if available (UTM or Lat/Long): 35.28710N, 80.7496°W (WGS84/NAD83)
USGS Lowesville (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists
the coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): + 30.57 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Toby Creek/Toby Creek
Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httl2://ii2o.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: Undeveloped woodland and former agricultural areas.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed residential development.
Page 3 of 9
11. Explain the purpose of the proposed work:
Road crossings to access develop residential areas.
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.
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
iurisdictional streams.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional impacts are not expected. Minor impacts to 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 are within common open space or along the side or rear yard property lines.
V. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impacts to streams
are limited to road crossings.
Page 4 of 9
2. 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***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, ini,
excavation, flooding, ditch ing/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://ww%v.fema.ncrv.
*** 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: not identified -
limited to surface waters - +/- 4500 linear feet
Total area of wetland impact proposed: 0.00 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci
I NWP 39 92' UT of Toby Creek 6' perennial
2 same 86' same 6' perennial
3 same 86' same 6' perennial
4 NWP #14 5' Toby Creek 15' perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uSes.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., )xww.iz,V07one.com,
www.maVquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 2691f
Page 5 of 9
NWP #12 will be utilized to connect to a sanitary sewer to an existing sewer trunk line along
the tributary to Toby Creek
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Name Waterbody
(if applicable) e) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

' List each impact separately and identify temporary impacts. impacts include, but are not umltca to. till, excavation, uiwgwb,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
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
straight segments and are as 1erpendicular as feasible Headwalls are utilized to reduce stream
impacts to the extent feasible The remaining streams are along rear and side lot lines or within
common open space A SWIM buffer is adjacent to the perennial stream along the property line.
The crossection of the road crossing_ is reduced by elimionating the landscape strip as requested
by NCDENR
Page 6 of 9
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
littp://li2o.enr.state.nc.us/ncwetiands/stn-n,i4ide.litin1.
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 through the use of headwalls and modification of the road
alignment to avoid and minimize stream impacts to the extent feasible. The remaining
streams are within required common open space or along 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/wM/index.litm. 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): 269 liinear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 7 of 9
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 ? 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 ?
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 ?
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 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
• Gone 1 extends out 3U feet perpendicular trom near bank of channel; Lone 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 8 of 9
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)
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.
The impervious surface areas have been determined to be less than 30% impervious - see
attached breakdown per civil engineer/planner.
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 System- CMU
XI. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the fact permit application?
Yes ? 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).

Applicant/Agent's Signature / Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
05/25/2005 17:37 8037897337 MAG LAND DEVELOPMENT PAGE 01
)LEONARD ¢ RINANER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Prnremional Wetland Scientist Matthews, NC 28105
Land Planning Tdc: [phone]
Fax [phone]
May 25, 2005
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester. SC 29706
Re: Crab Orchard - A pent Authorization Letter
Dear Allan:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will. need your authorization. Please sign the
following statement:
This lever authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
Mr. Allan McClellan
List Property Owner(s), if applicable
Printed Name and Address
Please contact me if you have any questions or require additional explanation. Thank
Vo-nard S. Rindner. PWS
Environmental Planning Consultant
Profession Wetland Scientist
Ecos stem
PROGRAM
May 26, 2005
Leonard S. Rindner, PWS
3714 Spokeshave Lane
Matthews, NC 28105
Project: Crabtree Orchard County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Pernut/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Yadkin 0 0 0 0 0 300 0 0
03040105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,,,
bm D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
R ?sto?r; ... F ... Prot-" Oar S-tat&
A?L,
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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May 20, 2005
Environmental Planning Consultant
Mr. Leonard Rindner
3714 Spokeshave Lane
Matthews, NC 28105
Reference: Impervious Calculations
Crab Orchard, Charlotte, North Carolina
Dear Mr. Rindner:
PR;rGPS,LG
STEVEN Vi PliTH_ PE
SUSAN K FASNACHT. PE
6105ED SUONOCOPE.PE.
THU!V, ?'OVELLIt;-J C?. P P S
SSOC.IA_TE
DAN E D?-.P E.
C. ROSS 6"ASSEY. P.E
DAVID K D?UBAftEP. P.L.S
On behalf of MAG Land Development, LLC, we have calculated the proposed impervious
coverage for the residential subdivision "Crab Orchard"
Total Project Area = 30.57 acres
Total Project Impervious (Maximum 30%= 9.71 acres):
Proposed Streets= 2.51 acres
Sidewalk*= 0.63 acres
85 lots @ 2,400** SF/lot= 4.68 acres
Total Project Impervious= 7.82 acres (26%)
*Sidewalk=6,901' x 4' wide = 0.63 acres
**Based on same builder's homes, driveways and patios constructed on 60' lots.
I Respectfully submitted,
Chas. H. Sells, Inc.
k
i
i
Steven L. Bailey
Project Manager
Cc: Mr. Allan McClellan, MAG Land Development, LLC
I_' 1!1 •i 11111 Ilii r ?uilr IU.i• U n, illy. \! _,III • I I: (11.1 it ?'.I I I III) v ;II I.I 162.0 IIII 11,1.11 II-. ntn
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NOTE:
NO WETLANDS PRESENT
c V '?

i

640

632
D

l
f CROSSING ##1
47 LF - 5'X11' CONCRETE
624 L BOX CULVERT
DISTURBANCE:

616
DATUM ELEV
615.00 0
CRAB ORCHARD
to o 10
STREAM IMPACTS
CROSSING #1

1 " = 50'/5'

T

E
6 F HEADW
2.0 L
TOP OF H'
. WALL
650.0

(BU N
Y .628.2
BELO

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(
S
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9.
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9
BELOW
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00
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1+
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0
co
n
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TOP OF HEADWALL
EL. 652.0
4 \
4
648 ?? AAM
TOP HEADWALL \
?
EL. 650.0
640 ?-?-- ? Q
CROSSING #2
632 48 LF - DOUBLE 54" RCP
DISTURBANCE:
86 LF OF STREAM
(BURY ELOW
STREAM B D)
624
CRAB ORCHARD
DATUM =v STREAM IMPACTS
620.00 0100 CROSSING #2
1 0 = 50'/5'

IN 6 1.38

IN THE
63 M
2.53 BED)

o so
i
632 /
TOP OF HEADWAL
EL. 632. TOP OF HEADWALL /
..
EL. 634.0 It
d
624 p
L
sis
R
PATUM ELE'V
610.00 CROSSING #3
46 LF - DOUBLE 54" RCP
DISTURBANCE:
co Sri o to 86 LF OF STREAM
?a
°+°° 0+50
CRAB ORCHARD
STREAM IMPACTS
CROSSING #3
1" = 50'/5'

I
BUR V.
1 624.72
BELOW
V.
BUR
THE 2
1
M 13
BELOW
BED)

v
00
N

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o

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to
10
640
TOP OF HEADW
EL. 63
632
624
616
0+00

TOP
EL. 6
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LL
0

( INV.
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STREAM
31 25.0
-LOW
BED)
L
( 11
RY
STR 4V.
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A 627.0
3ELOW
BED)
0+50 1+00
HEADWALL
1.0
TOP OF HEADWALL
EL. 632.0

1
3rx
I?
CROSSING #4
1 LF - DOUBLE 72" RCP
DISTURBANCE:
1 LF OF STREAM

I

100' SWIM BUFFER
?d I
LIMITS OF CONSTRUCTION
g6&3 17' FROM CLOSEST
DISTURBANCE POINT
LIMITS OF CONSTRUCTION-
cy)a
\Nq` \ rnd
N q
)L(rjD
?
?Q
1 0
100' SWIM BUFFER
CRAB ORCHARD
STREAM 2
BUFFER PLAN
1" a 60'
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
May 25, 2005
Ms. Carol Shaw
NCEEP
1652 Mail Service Center
Raleigh, NC 27699-1652
Re: Crab Orchard, Mecklenburg County, NC
Dear Ms. Shaw:
On behalf of my client, Magland Development, I am requesting acceptance to utilize the
services provided by the NCEEP to meet stream mitigation requirements when the
permits are issued by the USACE and the NCDWQ for impacts due to proposed road
crossings. Proposed stream impacts will require mitigation requirements for at least 300
linear feet. The cataloging unit is 03040105 (Tributary of Toby Creek in the Yadkin
Basin).
Please contact me if you have any questions or require additional information.
Leonard S. Rindner, PWS
Environmental Planning Consultant
cc: Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Thank you for your consideration.
IN LIEU FEE REQUES-1- F0IZM rage 1 or i
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
Agent * Leonard S. Rindner, PWS
2. Name of Business * Environmental Planning Consultant
3. Street Address * 3714 Spokeshave Lane
4. City, State, Zip * Matthews, NC
5. Telephone * ( 704 ) 904 - 2277
6. Fax ( 704 ) 847 - 0185
7. E-mail [e-mail]
8. Project Name * Crabtree Orchard
9. Project Location * Charlotte
10. Lat-Long Coordinates Lat 35.2871 Long 80.7496
11. River Basin * Yadkin
12. Cataloging Unit (8-digit)
*** 03040105
11. Project County* Mecklenburg
14. Riparian Wetland
Impact ac *
15. Non-Riparian Wetland
Impact ac *
16. Coastal Marsh Impact
ac *
17. Stream-Cold Impact (ft)
18. Stream-Cool Impact (ft)
*
19. Stream-Warm Impact
ft* 300 linear feet
20. ** Buffer-Zone 1 Impact
s ft*
21. ** Buffer-Zone 2 Impact
s ft *
22. ** Buffer-Total (Zone 1 +
Zone 2 s ft'

Attachments? ? Yes Signat r A licant r ent:

Dat
" Required information; zero answ sin 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://cfpub.epa.gov/surf_/locate/ind-ex.cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw@ncma_il.net
http://www.nceep.net/news/reports/forms/ILFforrn.htm 5/25/2005