20010817 Ver 1_Complete File_20010531

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PROGRAM
September 21, 2005
Stephen A. Nichols
Newkirk Environmental, Inc.
P.O. Box 746
Mt. Pleasant, SC 29465
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SEP 2 7 2005
1I ETWJDS WATER AND STAPJMATER BRANCH
Project: Air Park West County: Mecklenburg (NC EE
is willin The purpose this letter is to notify
at d with he above referre ced projectCPlease not that his d crision does not assuregthat
accept payment for impacts
ject e
tigation
determine permit if payment to the iNC EEP wiltbe app opecdts. It is the responsibility o the
the payment will be approved d by by th
applicant to contact these agencies [ This acceptance is valid for six n months from the date of this letter. If we have not received a copy of the issued th is time frame, this acceptance will expire. It is the applicants responsibility to send
Permit/401 Certification within thi
copies of the 4041401 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. Buffer Buffer
Wetlands Stream
River Basin (Linear Feet) Zone 1 Zone 2
Cataloging (Acres) (Sq. Ft.) (Sq. Ft.'
Unit
Ri arian Non-Ri arian Coastal) Marsh Cold CoOol Warm 0 0
Catawba 0 0
03050103
k
Traditional mitigation opportunities in this cataloging unit are scarce and/or not feasible. Based on that fact, EEP reserves
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
ratio basis); and/or
(b) EEP provides compensatory mitigation in an adjacent Cataloging Unit; and/or
(c) EEP provides preservation in the same Cataloging Unit. mitigation for the Upon receipt of payment, EEP will take responsibility o andZone 2s providing patio). The type and amou t of the ompenstory acts
up to a 2:1 ratio, (buffers, Zone 1 at a 3.
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification.
... ProtP.GtGf't? ow State,
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 9I 9-715-0476 / www
I
Steve Nichols
Air Park West
September 21, 2005
Page 2
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].
ZIcereIy,
am D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
kutori4 g... ... Prot?Gtl,?t9 Oar State
17A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
KD6? W AWapG
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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
October 4, 2005
Mr. Lud Hodges
Crescent Resources
400 S. Tryon Street
Charlotte, NC 29201-1003
Re: Air Park West, Mecklenburg County
DWQ #01-0817; USACE Action ID. No. 200532783
APPROVAL of 401 Water Quality Certification - MODIFIED
Dear Mr. Hodges:
Attached hereto is a copy of Certification No. 3540 issued to Mr. Lud Hodges of Crescent Resources,
dated October 4, 2005. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
YC-11-
Alan W. Klimek, P.E.
AWK/cbk
Attachments: EEP Letter of Acceptance
Certificate of Completion
cc: U.S. Army Corps of Engineers, Asheville Regulatory Field Office Wilmington District, USACOE
Alan Johnson, DWQ, Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files
Steve Nichols, Newkirk Environmental, Inc., P.O. Box 746, Mt. Pleasant, SC 29465
Filename: 010817MOD AirParkWest(1llecklenburg)401_IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.usfncwetlands
N ` Carolin
oa
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
Crescent Resources
Page 2 of 6
October 4, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500
and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Lud Hodges of Crescent Resources to impact or fill 980
linear feet (0.089 acres) of jurisdictional streams in the Catawba River Basin, associated with the
construction of five warehouse buildings and the current modification is related to repairing structural failure
of a retaining wall, and regarding the site in Mecklenburg County, North Carolina, pursuant to an application
filed on the 151 of August, 2005. This permit is a modification of a permit issued the 315` day of May of 2001,
and issued on July 13°', 2001 (G00003287, NW39) to Mr. Bobby Zieller of Crescent Resources to place fill
in 293 linear feet of perennial streams and 108 feet of intermittent streams, and to flood 340 linear feet of
perennial streams (Paw Creek) to construct the Air Park West Industrial Park. In this application, Mr. Lud
Hodges of Crescent Resources proposes to modify the existing permit to expand their total stream impacts
from 741 linear feet of impact to 980 linear feet of impact. This modification requires changing the existing
mine configuration, just outside the originally permitted mine area. The USACOE requires the existing
Nationwide Permit be changed by modification to an Individual Permit. Materials related to the
modification request were received in this Office on August 11, September 16 and September 23, 2005. This
individual certification replaces the Nationwide 39 certification (G00003287) issued to you on July 13"',
2001.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
Stream 980 (feet) (including 741 US Army Corps of Engineers
feet of prior approved Public Notice, 29 August 2005
impacts and 239 feet of
newly proposed impacts to
intermittent streams
Crescent Resources
Page 3 of 6
October 4, 2005,
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best Management
Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/4011'ermit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures 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 six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 2H, Section.0500;
Deed Notifications:
Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands
Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification
may be modified as appropriate to suit to this project;
Crescent Resources
Page 4 of 6
October 4, 2005,
Stormwater:
7. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The stormwater management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this Office) shall
be constructed and operational, and the stormwater management plan (as approved by this Office)
shall be implemented. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
8. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance with
permit conditions including the sedimentation control plan, self-monitoring, record keeping and
reporting requirements are required. A copy of this permit and monitoring report forms may be
found at htt,2:11I12o.enr.state.nc.tisIsu/Fornis Docunients.htrn.;
Continuing Compliance:
Mr. Lud Hodges and Crescent Resources, shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law. If the Division 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, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. Lud Hodges and/or Crescent Resources and the US
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 211.0503 and
provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to Mr. Lud Hodges and/or Crescent Resources 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;
Crescent Resources
Page 5 of 6
October 4, 2005
Culverts:
10. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream
up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to
approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream: of each culvert site to document correct installation along with the
Certificate of Completion form.
Certificate of Completion:
11. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Crescent Resources
Page 6 of 6
October 4, 2005
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications
are made to an original Certification, you have the right to an adjudicatory hearing on the modifications
upon written request within sixty (60) days following receipt of the Certification. Unless such demands
are made, this Certification shall be final and binding.
This the 4t" day of October 2005
DIVISION OF WATER QUALITY
t'n Alan W. Klimek, P.E.
AWK/cbk
O? V JA
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Lud Hodges and Crescent Resources has permission as outlined below
to impact 239 linear feet of streams for the purpose(s) of constructing the proposed five warehouses and replacing a
retaining wall in Mecklenburg County. All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Sam Wilson Road/Wilkinson Boulevard, Charlotte, NC
COUNTY Mecklenburg
BASIN/ SUB BASIN Catawba/03050103
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
239 linear feet of stream 239 linear feet of stream
In correspondence dated September 21, 2005, the EEP indicated that up to 239 linear feet of stream mitigation will
be conducted by EEP if necessary.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address 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 ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 010817AirParkWest-MOD(Mecklenburg)Ccn EEP Form
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.nc.uslncwetlands
None Carolina
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An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
US Army Corps
Of Engineers
Wilmington District
01- x$17
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PUBLIC NOTICE
Issue Date: 29 August 2005
Comment Deadline: 12 September 2005
Corps Action ID #: 200532783
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.army.mil/wetlands
Applicant:
Crescent Resources
Attn: Lud Hodges
400 S. Tryon Street
Charlotte, NC 29201-1003
Agent (if applicable): Newkirk Environmental, Inc,
Attn: Steve Nichols
P.O. Box 746
Mt. Pleasant, SC 29465
Authority
S E P 1 6 2005

The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to Section 404 of the Clean Water Act.
Location
The existing commercial development known as Air Park West is located on the east side
of Sam Wilson Road, north of its intersection with Wilkinson Boulevard, in Charlotte,
Mecklenburg County, North Carolina (35.24528°N, -80.98528°W) and is approximately
62 acres in size. The proposed impacts are located immediately adjacent to a retaining
wall at an existing warehouse distribution center. The site contains stream channels with
indicators of ordinary high water marks that are unnamed tributaries to Paw Creek. Paw
Creek flows into the Catawba River, which ultimately flows into the Atlantic Ocean
through the Santee-Cooper River in South Carolina.
IN
Existing Site Conditions
Before 2001, the site was predominantly wooded with a headwater stream channel
beginning near the southwestern portion of the property. The stream channel on the
property was determined to be intermittent by a Corps representative. The NRCS Soil
Survey of Mecklenburg County, North Carolina maps the following soils: Cecil (CeB2
and CeD2) and Wilkes (WkD). None of the soils mapped by the NRCS Soil Survey are
considered hydric in nature.
However, since 2001 the entire site has been graded for large-scale commercial
warehouses. On July 10, 2001, the applicant was issued a Nationwide Permit #39, which
authorized the placement of fill in 82 linear feet of important/intermittent stream channel
and subsequent flooding of 340 linear feet of important/intermittent stream channel
associated with the construction of a storm water detention facility. This permit also
authorized the placement of fill into 211 linear feet of important/intermittent stream
channel and 108 linear feet of unimportant/intermittent stream channel associated with
the construction of a road crossing and building pad. The applicant avoided
approximately 334 linear feet of important/intermittent stream channel through the
construction of a retaining wall (Figure 3). The applicant also made payment to the North
Carolina Wetlands Restoration Program in the amount necessary to restore 293 linear feet
of stream channel in the Catawba River Basin (Cataloging Unit 03050101).
The retaining wall was built in 2001 as part of the general mass-grading contract for the
development of Air Park West infrastructure. The applicant left an approximately 25-foot
wide riparian buffer next to the stream channel. The building tenant noticed a crack in the
parking area near the loading docks adjacent to the wall in December 2004. The crack has
continued to increase in size due to vertical and horizontal movement of the retaining
wall. Based upon a study by Earth Improvement Technologies, the instability is
attributed to unsuitable soils and to a rise in the groundwater table due to the construction
of the downstream storm water detention facility. As determined by soil and engineering
tests, the underlying soil material cannot support a vertical wall of the existing height.
The report provided by Earth Improvement Technologies concluded that the wall was in
an active state of failure and would continue to degrade. Due to several large rainfall
events in the spring of 2005, the vertical and horizontal movements increased which
prompted the applicant to temporarily stabilize the slope in order to allow the tenant to
continue to utilize the facility. The applicant has currently removed the top third of the
wall and temporarily removed soil behind that portion of the wall.
Applicant's Stated Purpose
As stated by the applicant, the purpose and need for the project is to stabilize the
retaining wall in a manner that allows continued use of the facility. Since its construction,
the wall has exhibited horizontal and vertical movement and will continue to do so until
2
the slope is properly stabilized. The applicant proposes to reduce the stress on the
retaining wall by re-grading the area and lowering the height of the wall.
Project Description
The applicant is proposing to impact approximately 239 linear feet of stream channel by
reconstructing the retaining wall at a lower height. The applicant would remove the
existing wall, re-grade the area to create a gentler slope, and then construct a new
retaining wall at a lower elevation (Figure 4). Due to the proximity of the existing wall to
the stream channel, the proposed work would require that the majority of remaining
stream channel on the site be filled. Approximately 42 linear feet of stream channel will
remain before the channel flows into the storm water detention facility. The applicant is
proposing to offset impacts to stream channels by making payment to the North Carolina
Ecosystem Enhancement Program in the amount necessary to restore 239 linear feet of
stream channel. Due to the on-going instability issues associated with this project, this
permit request is being announced with an expedited public comment period of 15 days. ,
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
September 15, 2005.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
3
I
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials; Indian Tribes and other interested parties in order to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the
Corps to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the other public
interest factors listed above. Comments are used in the preparation of an Environmental
Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the
National Environmental Policy Act (NEPA). Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed
activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
4
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, September 15, 2005.
Comments should be submitted to Amanda Jones, 151 Patton Avenue, Room 208,
Asheville, NC 28801.
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Name: CHARLOTTE WEST Location: 035° 14'42.5" N 080° 59' 07.511 W
Date: 31261101 Caption- Sam Wilson Road Site
Scale: 1 inch equals 1600 feet Charlotte, North Carolina
Newkirk Environmental, Inc.
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CRESCENT RESOURCES Project No. 3150 Issued 06121105
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Sep. 21 200A 11:230xl-DON wki rk Env1 ronmental, Ine52219
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PROGRAM
September 21, 2005
Stephen A. Nichols
Newkirk Environmental, Inc.
P.O. Box 746
Mt. Pleasant, SC 29465
Project: Air Park West County: Mecklenburg
T-6,D.4351, P. 31-025
lbo purpose of this letter is to notify you that the North Carolina &osystcm Enhancement Program (NC REP) is willing to
aeeept payment far impacts associated with the above referenced project. Please note that this doeision 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 chase agencies to dctotmino if payment to the NC EEP will be approved.
This acceptancc is valid fer 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 wM expire.. It is the applicant's responsibility to send
copies of the 404/401 permits to NC EEP. Ones NC EEP receives a copy of the 404 Pcrmit 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 sutnmaized in tho
following table.
River Basin Wetlands Stream Duffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft_)
Riparian Non-Ri arias Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 239 0 0
03050103
Traditional mitigation opportunities in this cataloging unit are scarce and/or not foasiblo. Based on that fact, EEP reserves
the right to provide mitigation for this project subject to the following conditions:
(a) EEP provides alternative midgadon in the Cataloging Unit (i.e, something other than traditional restoration on a
ratio basis); and/or
(b) EEP provides compensatory mitigation in an adjacent Cataloging Unit; and/or
(c) EEP provides preservation in the satire Cataloging Unit,
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the penrdtiM impacts
up w a 2:1 ratio, (buffers. Zone 1 at a 3:1 ratio and Zona 2 at a 1.5;1 ratio). The type: and amount of the compensatory
mitigation will be as specified in rho Section 404 Permit and/or 401 Water Quality Certification.
RPfi?Df? .. EfdWXiAg... Pro OGLE'' fea&.,
Rd6iRft
North Carolina Eooayatam Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / vrww.nceep.net
SEP-23-2005 FRI 85:44 TEL:[phone] NANE:DWO-WETLANDS P.' 3
Sep. 2;. 200Al l :240)m-M1 wki rk Environmental, Ino,52219 T-,No, 43513 F'. 4J-025
Steve Nichols
Air Park West
September 21, 2003
Page 2
The mitigation will be performed in accordance with the Memorandum of Understaruling between the N. C. Department of
Environment and Natural Resources and the U. S. Anny Corps of Engineers dated November 4, 1998.
1: you have any questions or need additional information, pl=o contact Cuol Shaw at [phone].
ccrely, pp
-R Z.
am D. C3ilmore, PS
Dlrtetor
cc: Cyndi Kuoly, Wetlands/401 Unit
Amanda Jones, USAGE - Asheville
Alan Johnson, DWQ Regional. Office - Mooresville
Pile
t?P.s't4YLfL?... FK?tA.ILGLLt?... Pro" ow fl?4 i

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Canter. Raleigh, NC 27699-1652 / 919-715-0476 / mw+.ncnep-net
SEP-23-2005 FRI 09:44 TEL:[phone] NAh1E:0WQ-WETLANDS P 4
ep• 23. 2(() 11 :2?AM Nawki rk E n v I r o n m e n t a I Inc No. 4??1 P. 1
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NEWKMtK
ENVIRONMENTAL, INC
Post Office Box 746
,NLIount Pleasant, South Carolina 2946 5 - 0746
T: [phone], F: [phone]
FACSIMILE TRANSMITTAL SHEET
TO. FROM:
?l ? ?1tCius? Sim vr? ?iGy? C-r
COtifPANY: DATE:
F.'. NU111BER:(17 /q) 735--01-1 N0. OF PAGES, INCLUDING COVER:
PHONE NUITMER: SENDER'S REFERENCE. NU11fBEIt_
RE- YOUR REFERENCE NUI?W-R:
A_IIZ AWe //?s? -? ?
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? URGENT ? FOR REVIEW 13 PLEASE COI?MIENT ? PLEASE REPLY
NO TES/COAUJENTS:
I
1
SEP-23-2005 FPI 09:44 TEL:[phone] NAME:DWC!-WETLANDS P.,
I
air park west
Subject: air park west
From: Alan Johnson <[e-mail]>
Date: Wed, 21 Sep 2005 15:10:35 -0400
To: Ian McMillan <[e-mail]>
This is an IP, been waiting for the EEP acceptance. Received copy today. No
problem with issuance.
#01-0817, Meck.
Alan Johnson - [e-mail]
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph: [phone] Fax: [phone]
1 of 1 9/21/2005 3:34 PM
Triage Check List
Date: 8/15/05 Project Name: Air Park West (formerly Sam Wilson Rd)
DWQ#: MOD 01-0817
County: Mecklenburg
J ?
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 8/11/05 -10/9/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern
F-1
1-1
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
N?0 'Ri-
;? ( (+ v'j Yam
Ll ^ {? III
NEWKIRK 2 0 0 1 0 8 1 7
ENVIRONNIENTAL, INC
CHARLESTON, SC • BLUFFTON, SC
August 9, 2005 i L
r1 ? ? I
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North Carolina Division of Water Quality 4
Wetlands Unit
Attn: Lori Henderson q(yG VV
2321 Crabtree Blvd.
Suite 250 ?y oSTTFR Z??S
Raleigh, NC 27604-2260 clq?yQB,ry,,I_
RE: Air Park West-Trane Site r
Mecklenburg County, NC
Dear Ms. Henderson,
A permit application for the referenced project was mistakenly sent to the regional office
in Mooresville instead of the main office in Raleigh. Mr. Alan Johnson of your
Mooresville office has forwarded our application to your office and has informed us we
also needed to include the application fee.
Please find attached a check in the amount of Pour hundred seventy-five ($475.00)
dollars for the application fee. We apologize for any confusion. If you have any
questions, please do not hesitate to contact us.
'ncerely,
phen Nichols, Principal
Newkirk Environmental, Inc.
Charleston, South Carolina
Enclosure
Post Office Box 746, Mt. Pleasant, South Carolina 29465-0746 • 1887 Clements Ferry Road, Charleston, South Carolina 29492
Telephone [phone] • Facsimile: [phone]
E-Mail: [e-mail]
www.newkirkenv.com
t J1
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. Ft-0 'V:5 O 1- C) 8 t 1
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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
D
1. Owner/Applicant Information AUG 1 1 2005
Name: Crescent Resources
Mailing Address: c/o Lud Hodges ti"i0.s?,aSQUg?
400 S. Tryon Street, Charlotte, NC 29201-1003 IAIERa o
Telephone Number: 704-382-0677 Fax Number: 704-382-1867
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: Stephen A. Nichols
Company Affiliation: Newkirk Environmental, Inc.
Mailing Address: P.O. Box 746 , Mt. Pleasant, SC 29465
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: steve newkirkenv.com
Page 1 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 snaps 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: Air Park West (formerly Sam Wilson Road)
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN):055-554-10
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
The site is bordered to the west by Sam Wilson Road approximately several hundred feet
north of Wilkinson Boulevard.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035° 14'42.5" N 080° 59' 07.5" W
6. Property size (acres): 62 acres
7. Name of nearest receiving body of water: Paw 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://112o.enr.state.nc.us/adniin/naps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been partially developed in accordance with the
previously issued permit. Infrastructure and roads are in place as well as buildings.
Page 2 of 9
Describe the overall project in detail, including the type of equipment to be used: The
property owner and applicant, Crescent Resources Inc. plans to construct five buildings with
750,000 square feet of warehouse distribution space. The current modification of the original
permit is related to repairing structural failure of a retaining wall. Normal earth moving and
grading equipment will used to demolish and regrade the site.
Explain the purpose of the proposed work: As part of the original permit application, a
retaining was constructed to minimize impacts to the onsite stream. Significant structural
failure of this wall has occurred causing the settling and shifting of the site including the
parking lot Extensive studies reveal that the existing substrate is not sufficient to hold such
a wall As such the wall will be removed and the site graded to a lower elevation to create a
stable site.
IV. Prior Project History
If jurisdictional determinations and/or pen-nits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Wetland Verification - Action ID 200130277 (July 10, 2003)
DW Certification - 01-0817 (July 13, 2001)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 9
Provide a written description of the proposed impacts: The existing failed wall will be
demolished and the site regraded to slope and smaller wall capable of stabilizing the site and
suitable for the capacities of the substrate.
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and floodin .
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

N/A

Total Wetland Impact (acres)
2
List the total acreage (estimated) of all existing wetlands on the property: N/A
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
Stream Impact

Number
(indicate on map)

Stream Name
Type of
Impact
Perennial or
Intermittent? Average
Stream Width
Before

Impact Impact

Length
(linear feet) Area of

Impact
(acres)
1 UT to Paw Creek Fill Intermittent 5 feet 82 0.009
2 UT to Paw Creek Flood Intermittent 5 feet 340 0.03
3 UT to Paw Creek Fill Intermittent 5 feet 211 0.02
4 UT to Paw Creek Fill Unimportant Intermittent 5 feet 108 0.01
5 UT to Paw Creek Fill Intermittent 5 feet 239 0.02

Total Stream Impact (by length and acreage) 980 0.089
Fills 1-4 were previously permitted untler DWQ 01-0817
Page 4 of 9
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation, dredaina, floodina, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0.089
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.089
Total Stream Impact (linear feet): 980
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):_N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):_N/A
Current land use in the vicinity of the pond:_N/A
Size of watershed draining to pond:_N/A Expected pond surface area:_N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
Page 5 of 9
techniques to be followed during construction to reduce impacts. Justification for the original
permit impacts can be found in the attached application. Based upon structural surveys and
assessments of the existing wall failure reconstruction of the wall is not feasible, safe or
recommended With structures and buildings in place the only viable option is to reduce the
load on the wall by grading and lowering the height of the wall. A summary of the structural
surveys is included.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to peremlial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/stnn,ide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (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.
See original pen-nit for discussion of previous mitigation. Additional mitigation provided
helow.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/iiidex.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 239 feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
Page 7 of 9
2. If "yes", 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 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or .0260. _
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. As noted in the original permit, proposed
imnervious area is approximately 55 acres. A stormwater wet detention pond is proposed on-
site This pond will be designed using the NC Stormwater Best Management Practices 1999
manual to meet the NCDWQ stormwater detention Muidelines.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Crescent Resources has constructed a sewer line from the project to an existing sewer line that
parallels Wilkinson Boulevard.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8 of 9
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
littp://112o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
N/A
XV. 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).
An on-site review of the current wall failure was conducted with the USACE and DWQ. During
this meeting the urgency of repair was noted as the adjacent building is occupied and the parking lot has
begun to shift The USACE has indicated that an expedited review and notice can be used to process
this application.
J
e i 105
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
77
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Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
April 20, 2001
R. Clement Riddle
Newkirk Environmental, Inc.
300 north Main Street, Suite 205
Hendersonville, NC 28792
Division of Archives and History
Jeffrey J. Crow, Director
Re: Sam Wilson Road Property, Charlotte, Mecklenburg County, ER 01-9209
Dear Mr. Riddle:
Thank you for your letter of March 26, 2001, concerning the above project.
We have conducted a review of the project and are aware of no properties of architectural, historic,
or archaeological significance, which would be affected by the project. Therefore, we have no
comment on the project as currently proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106
codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763.
Sincerely,
??V
David Brook
Deputy State Historic Preservation Officer
DB:kgc
Location Mailing Address
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617
Restoration 515 N. Blount St, Raleigh, NC 4613 Mail Service Center, Raleigh 27699-4613
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Telephone/Fax
[phone] 9733-8653
[phone].715-4801
[phone] •715-4801
W A TF9QG
> D I
o ?
Mr. R. Clement Riddle
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Kerr T. Stevens, Director
Division of Water Quality
April 16, 2001
Dear Mr. Riddle:
Subject: Project Name: Sam Wilson Rd. Development
DWQ #:
COE #:
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for stream impacts associated
with the subject project in accordance with the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources and
the U.S. Army Corps of Engineers dated November 4, 1998. Based on information
supplied by you in a letter dated March 26, 2001, an application requesting
authorization to impact 297 linear feet of stream has been submitted for the subject
project. The NCWRP will provide mitigation as specified in the 401 Water Quality
Certification and/or Section 404 permit (up to 594 linear feet of stream restoration)
for impacts associated with the subject project in Cataloging Unit 03050101 of the
Catawba River basin.
If you have any questions or need additional information, please contact
Crystal Braswell at [phone].
Sincerely,
NCOENR
Customer Service
REF/cvb
cc: Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
John Colwell, MRO
file
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
r
Ronald E. Ferrell,
Program Manager
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7748
O?O? W A T ?RQG
W?
o ?
Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
Pete Colwell, MRO
file
Kerr T. Stevens, Director
Division of Water Quality
July 10, 2001
Mr. R. Clement Riddle
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Dear Mr. Riddle:
Subject: Project: Sam Wilson Road
County: Mecklenburg
DWQ: 010817
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration
Program (NCWRP) will accept payment for stream impacts associated with the subject
project. Stream and wetland impacts will be mitigated 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.
Based on the information supplied by you in a letter dated May 30, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this
project is summarized in the following table. The maximum amount of mitigation that the
NCWRP will accept for this project is also indicated in this table.
Stream
(linear feet) Riparian Buffer
(ft2) Wetlands
(acres)
Impact 211
Mitigation Maximum 422
As requested, the NCWRP will provide stream mitigation as specified in the 401
Water Quality Certification and/or Section 404 Permit for impacts associated with the subject
project in Cataloging Unit 03050101 of the Catawba River Basin.
If you have any questions or need additional information, please contact Crystal
Braswell at [phone].
cc:
NCDEiINR
Customer Service
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
SlncereI ,
Ronald E. Ferrell,
Program Manager
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7748
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W A T ?RQG
> W
O .ate 'C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 13, 2001
DWQ;# 01-0817
Mecklenburg County
Bobby Zieller
Crescent Resources
400 S. Tryon Street
Charlotte, NC, 29201-1003
00FV
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Zieller:
You have our approval, in accordance with the attached conditions, to place fill in 293 linear feet of perennial streams and 108 linear
feet of intermittent streams, and to flood 340 linear feet of perennial streams (Paw Creek) in order to construct the AirPark West industrial
park in Mecklenburg County, as described in your application received by the Division of Water Quality on May 31, 2001. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be viewed on
our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 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. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in.the attached certification as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all areas within 50 feet of the remaining channel segment of Paw Creek
above the water quality pond. 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;
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
3. An additional condition is that a final, written stormwater management plan incorporating a wetland component into the proposed
water quality pond shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the
stormwater management plan, as approved by this Office, shall be implemented. The structural stormwater practices and well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality;
4. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to
streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B.0242(7), this contribution will satisfy our compensatory .
mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives
and clears your check (made payable to: DENR - Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning the Wetland Restoration Program. You have
one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of
293 feet of perennial streams, in the Catawba River and sub-basin, Cataloging Unit 030834, and 293 feet of stream mitigation are
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impacts to the nearest foot
(15A NCAC 2R .0503(b))."
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
- 177 .-roc f..1 --- % 1- 100 cono I -A ,..... ii?.n .. ............. .... .... i_.................i
Page -2 of 2
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 which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at in Raleigh 919-733-
9721.
Sincerely,
Kerr T. Stevens
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Clement Riddle, 300 North Main Street, Suite 205, Hendersonville, NC, 28793
010817
Page 2 of 2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Bobby Zieller has permission as outlined below to construct a dam and to fill
streams in order to construct the AirPark West industrial park 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
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
293 linear feet of perennial streams
AirPark West Industrial Park
Mecklenburg
Catawba (03-08-34)
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 surface waters as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
Mitigation:
293 linear feet of perennial streams by W RP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration 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 Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands
Restoration 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130277 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources
Address: 400 S. Tryon St.
Charlotte, NC 29201-1003
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Air Park West development located on approx. 62 acre tract on Sam Wilson Rd. in west
Charlotte.
Description of Activity:
Fill approx. 293 LF of a trib. to Paw Cr. determined to have "important" aquatic function
for the purpose of accommodating the construction of the above referenced business park
development. Hard impacts will occur as a result of constructing a dam for a stormwater
retention facility and filling/culverting for an access road and building site. In addition,
approx. 108 LF of "unimportant" channel will be impacted by the development. Approx.
334 LF of stream channel will be avoided and preserved by utilizing a 510 LF vertical
retaining wall on the property. The preserved stream will be protected by a 25 ft. vegetated
buffer. Mitigation to offset impacts to "important" stream channel will be accomplished
through appropriate payment into the state Wetland Restoration Program fund.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory official specified below.
Date July 10, 2001
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification July 10, 2003
cc: New1drlc Environmental
CFSAW Form 591
Revised July 1995
Permit Number: 200130277
Permit Type: NWP 39
Name of County: Mecklenburg
Name of Permittee: Crescent Resources
Date of Issuance: 7/10/01
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
PLEASE NOTE THAT THIS INFORMATION IS VERY IMPORTANT AND NEEDS TO BE SUBMITTED.
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date
O?O? W aT ?RQG
l tea ,
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
July 10, 2001
Mr. R. Clement Riddle
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Dear Mr. Riddle:
Subject: Project: Sam Wilson Road
County: Mecklenburg
DWQ: 010817
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration
Program (NCWRP) will accept payment for stream impacts associated with the subject
project. Stream and wetland impacts will be mitigated 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.
Based on the information supplied by you in a letter dated May 30, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this
project is summarized in the following table. The maximum amount of mitigation that the
NCWRP will accept for this project is also indicated in this table.
Stream
(linear feet) Riparian Buffer
(f') Wetlands

(acres)
Im act 211
Mitigation Maximum 422
As requested, the NCWRP will provide stream mitigation as specified in the 401
Water Quality Certification and/or Section 404 Permit for impacts associated with the subject
project in Cataloging Unit 03050101 of the Catawba River Basin.
If you have any questions or need additional information, please contact Crystal
Braswell at [phone].
Si cerel ,
----
/Ronald E. Ferrell,
Program Manager
cc:
NCDENR
Customer Service
Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
Pete Colwell, MRO
file
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 80o 623-7748
/ o' \

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Urban Design CHARLOTTE, NORTH CAROLINA 28201
Nationwide 39 Permit Application
AirPark West
VII. Impact Justification (Avoidance and Minimization)
Impacts to this channel are necessary to provide an access road into the site and allow
necessary room for building alignments, required parking, and stormwater detention.
This development is consistent with the Westside (Of Mecklenburg) Strategic Zoning
Plan. The site is serviced by I-85 and future I-485 within two miles. Site topography
provided a large challenge. In order to balance the site and maintain acceptable gradients
on roadways approximately 700,000 cy of dirt will be moved. The end product will
provide stepped floor elevation of buildings and acceptable slopes for roadways. The
typical building footprint for warehouse distribution buildings is 200 feet wide by 750
feet long. Added to the building with is another 210 feet for required parking. The
relatively large building footprints and earthwork provided a great challenge for this site.
In addition Charlotte Mecklenburg Planning Committee attached several site conditions:
® A public loop road for Charlotte Area Transit Service (CATS) access
A parcel of land in the southwest corner of the site is reserved for CATS to be
converted into a transit stop
Internal buildings were directed to be rear-loaded
a External buildings were directed to be front-loaded
Entrances to the park are dictated in part due to minimum standards from the NC
DOT.
A pre-application site visit was conducted with Mr. Steve Chapin, US Army Corps of
Engineers on November 14, 2000 and with Mr. Pete Caldwell on November 16, 2000.
The purpose of these meetings was to discuss the proposed preliminary site plan dated
November 10, 2000 (meeting minutes attached). Both Mr. Chapin and Mr. Caldwell
indicated that the project impacts would be more likely to be approved if we could reduce
impacts by using half-pipes or retaining walls. In addition, during these meetings the
intermittent stream was evaluated and the beginning point where the stream becomes
"biologically important" was agreed upon and is shown on the permit figures. Mr.
Chapin indicated that impacts that result from flooding would not count towards the 300
linear foot individual permit threshold. Mr. Caldwell added that impacts resulting from
this flooding impact would not require mitigation.
Following the meeting the site plan was finalized and the stream impacts were reduced.
This includes an approximately 15 percent reduction to the building square footage and
includes avoiding and preserving 334 linear feet of wetlands/waters by using a 510 linear
foot vertical retaining wall. The preserved stream will be protected by a 25-foot
vegetated buffer.
Compensatory mitigation for impacts to approximately 293 linear feet of "important"
intermittent stream channel is proposed through appropriate contributions to the NC
Wetlands restoration program as per guidance in the Public Notice regarding mitigation
options (approval attached).
4.
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. M o p O , -- U 9 1 '1
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
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), clhe k hejEg;
II. Applicant Information @ D
AU G 1 1 2005
1. Owner/Applicant Information
LBTYfN
Name: Crescent Resources DENR - WATER QUALI
Mailing Address: c/o Lud Hodges
400 S. Tryon Street, Charlotte, NC 29201-1003
Telephone Number: 704-382-0677 Fax Number: 704-382-1867
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: Stephen A. Nichols
Company Affiliation: Newkirk Environmental, Inc.
Mailing Address: P.O. Box 746, Mt. Pleasant, SC 29465
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: stevennewkirkenv.com
Page 1 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: Air Park West (fonnerly Sam Wilson Road)
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN):055-554-10
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
The site is bordered to the west by Sam Wilson Road approximately several hundred feet
north of Wilkinson Boulevard.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035° 14'42.5" N 080° 59' 07.5" W
6. Property size (acres): 62 acres
7. Name of nearest receiving body of water: Paw 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://l12o.enr.state.nc.us/adniin/neaps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been partially developed in accordance with the
previously issued permit. Infrastructure and roads are in place as well as buildings.
Page 2 of 9
Describe the overall project in detail, including the type of equipment to be used: The
property owner and applicant, Crescent Resources Inc. plans to constrict five buildings with
750,000 square feet of warehouse distribution space. The current modification of the original
permit is related to repairing structural failure of a retaining wall. Normal earth moving and
grading equipment will used to demolish and regrade the site.
Explain the purpose of the proposed work: As part of the original permit application, a
retaining was constructed to minimize impacts to the onsite stream. Significant structural
failure of this wall has occurred causing the settling and shifting of the site including the
parking lot. Extensive studies reveal that the existing substrate is not sufficient to hold such
a wall. As such the wall will be removed and the site graded to a lower elevation to create a
stable site.
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.
USACE Wetland Verification - Action ID 200130277 (July 10, 2003)
DWQ Certification - 01-0817 (July 13, 2001)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 9
Provide a written description of the proposed impacts: The existing failed wall will be
demolished and the site regraded to slope and smaller wall capable of stabilizing the site and
suitable for the capacities of the substrate.
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately list imnacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

N/A

Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact

Number
(indicate on map)

Stream Name
Type of
Impact
Perennial or
Intermittent? Average
Stream Width
Before

Before
I act Impact

Length

(linear feet) Area of

Impact

(acres)
1 UT to Paw Creek Fill Intermittent 5 feet 82 0.009
2 UT to Paw Creek Flood Intermittent 5 feet 340 0.03
3 UT to Paw Creek Fill Intermittent 5 feet 211 0.02
4 UT to Paw Creek Fill Unimportant Intermittent 5 feet 108 0.01
5 UT to Paw Creek Fill Intermittent 5 feet 239 0.02

Total Stream Impact (by length and acreage) 980 0.089
Fills 1-4 were previously permitted under DWQ 01-0817
Page 4 of 9
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Watcrbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.089
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.089
Total Stream Impact (linear feet): 980
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):_N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):-N/A
Current land use in the vicinity of the pond:_N/A
Size of watershed draining to pond:_N/A Expected pond surface area:_N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
Page 5 of 9
techniques to be followed during construction to reduce impacts. Justification for the original
permit impacts can be found in the attached application. Based upon structural surveys and
assessments of the existing wall failure reconstruction of the wall is not feasible, safe or
recommended With structures and buildings in place the only viable option is to reduce the
load on the wall by grading and lowering the height of the wall A summary of the structural
surveys is included.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - h1 accordance with the Final Notice of Issuance and Modification of Nationwide
Pennits, published in the Federal Register on January 15, 2002, 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 NCEEP 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 Tecluiical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncNvet]ands/stnngide.htnll.
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.
See original pen-nit for discussion of previous mitigation. Additional mitigation provided
below.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.litni. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 239 feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
Page 7 of 9
2. If "yes", 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 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate infortnation as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. As noted in the original permit, proposed
impervious area is apnroximately 55 acres. A stormwater wet detention pond _is_proposed on-
site. This pond will be designed using the NC Stormwater Best Management Practices 1999
manual to meet the NCDWQ stormwater detention guidelines.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Crescent Resources has constructed a sewer line from the project to an existing sewer line that
parallels Wilkinson Boulevard.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
Page 8 of 9
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httL://h2o.enr.state.ne.us/newetlands. If no, please provide a short narrative description:
N/A
XV. 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).
An on-site review of the current wall failure was conducted with the USACE and DWQ. Durinsz
this meeting the urgency of repair was noted as the adjacent building is occupied and the parking lot has
be,,un to shift The USACE has indicated that an expedited review and notice can be used to process
this application.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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NEWKIRK
ENVIRONMENTAL. INC
Sam Wilson Boulevard Site
Mecklenburg County
North Carolina
Location Map
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Page 57
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Date: 3/26/101 Caption: Sam Wilson Road Site
Scale: 1 inch equals 1600 feet Charlotte, North Carolina
Newkirk Environmental, Inc.
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NEWKI"
ENVIRONMENTAL. INC
Sam Wilson Boulevard Site
Mecklenburg County
North Carolina
Mecklenburg County Soil
Survey
Sheet # 6
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Raleigh
RETAINING WALL
CRESCENT RESOURCES
200 South Tryon Street, Suite 1600 Charlotte hC 28202
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INC.
SITE PLAN

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2+38.82
2+00
PREVIOUSLY PERMITTED
FILL ZONE = 82 LF
,
EJOSTM 1 ?\
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U7UFC= 1
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1
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POND
lortaav-om 1 \
1
,
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1 ?
1 ,
1
`-PROTECTED ZONE = 72 LF \
(42 LF ON-SITE)
? EXISTING RETAINING
WALL TO REMAIN
`PROPOSED
RETAINING WALL
\\-EXISTING RETAINING WALL
TO BE FILLED OVER
BEGIN JURISDICTIONAL
WATERWAY ?-- -- - - - - - ---. - _ _ -?.
!11 1 I

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WE TABLE
TOTAL SITE ACREAGE = 8.634 ACRES
TOTAL JURISDICTIONAL AREA ON-SITE = 0.254 ACRES
SO. FT. LINEAR FEET
PROPOSED LPACTS
STREAM FILLED/RIPRAP APRON 920 239
PREVlOtMY PERMITTED 6PACTS
M10 #O=
UNIMPORTANT FILL 442 108
IMPORTANT FILL ZONE 1089 293
IMPORTANT FLOODED ZONE 1334 340
PROPOSED IIPACTS I rnCLAT10N
STREAM MITIGATION - PAYMENT INTO NCWRP
ON-SITE
WETLANDS MAP
Project No. 03250
7128!05Y W Y
YWM2,0 N?
Issued 07!2
Scale 1"=100' Sheet
Shaping the Environment
Realizing the Possibilities
land Planning
Land-K Architecture
Civil Engineering
200 South Tryon Street, Suite 1400 Charlotte, NC 28202
Urban Design 1.704 376 78510 704 375 7851- www.colcienesistone.com
rnad"tte
Raleigh AIR PARK WEST
RETAINING WALL
CRESCENT RESOURCES
INC.

_. .._............
650,
_. _.. ...___..__.. .__._.. ..._ ....._._... __.. _.....:. ._...._ _..?__-___.I
i
645 ^-? .._ __i ...._._,_... .....__`_... ....'_.__._ ._.._.?__... __.._....._ .._._.__..'. ._._.___._.._ ... _._t.___i
EXISTING RETAINING WALL
_...._(TO BE FILLED OVER)
640.- _.____._..... _... _._.....__._ .. __.___. ____. .. _. '... ..__._.._- _._._.:.....__(

635'
__. 1 ,

._..__. ._.... _. t....
?. ..___... ._._.__ .__...
630 !..__ ....__ _ . ........
----'-?----- _
PROPOSED
GROUND SURFACE
i
625'x- .

I
v
0+00 0+50 1+00 1+50 2+00 2+50
HORIZ SCALE: I"= 40'
8 VERT. SCALE: 1" = 4'
ZVI ClzJ `
AIR PARK WEST RETAINING WALL PROPOSED CREEK FILL: PROFILE
CRESCENT RESOURCES Project No. 3250 Issued 06121105
INC.
1
I/
PROPOSED
RETAINING WALL
PROPOSED 30' RCP
OUTLET IN RETAINING
WALL & RIPRAP APRON
TOTAL' PROPOSM CMEK
DISTURBANCE - 239 LF
600. 00
0
0
0
yj
a O
io 0
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N
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b
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a ?

?.nATto
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
April 20, 2001
R. Clement Riddle
Newkirk Environmental, Inc.
300 north Main Street, Suite 205
Hendersonville, NC 28792
Division of Archives and History
Jeffrey J. Crow, Director
Re: Sam Wilson Road Property, Charlotte, Mecklenburg County, ER 01-9209
Dear Mr. Riddle:
Thank you for your letter of March 26, 2001, concerning the above project.
We have conducted a review of the project and are aware of no properties of architectural, historic,
or archaeological significance, which would be affected by the project. Therefore, we have no
comment on the project as currently proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106
codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763.
Sincerely,
C(? ?? -
David Brook
Deputy State Historic Preservation Officer
DB:kgc
Location Mailing Address
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617
Restoration 515 N. Blount St, Raleigh, NC 4613 Mail Service Center, Raleigh 27699-4613
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Telephone/Fax
[phone] 9733-8653
[phone].715-4801
[phone] •715-4801
Q2W----
Mr. F w a rR. Clement Riddle
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Dear Mr. Riddle:
Subject: Project Name: Sam Wilson Rd. Development
DWQ #:
COE #:
County: Mecklenburg
NCDENR
Customer Service
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for stream impacts associated
with the subject project in accordance with the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources and
the U.S. Army Corps of Engineers dated November 4, 1998. Based on information
supplied by you in a letter dated March 26, 2001, an application requesting
authorization to impact 297 linear feet of stream has been submitted for the subject
project. The NCWRP will provide mitigation as specified in the 401 Water Quality
Certification and/or Section 404 permit (up to 594 linear feet of stream restoration)
for impacts associated with the subject project in Cataloging Unit 03050101 of the
Catawba River basin.
If you have any questions or need additional information, please contact
Crystal Braswell at [phone].
REF/cvb
cc: Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
John Colwell, MRO
file
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
April 16, 2001
Sincerely,
Ronald E. Ferrell,
Program Manager
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7748
o?oF w a rFRQG
LU
o ?
Michael F, Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Duality
July 10, 2001
Mr. R. Clement Riddle
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Dear Mr. Riddle:
Subject: Project: Sam Wilson Road
County: Mecklenburg
DWQ: 010817
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration
Program (NCWRP) will accept payment for stream impacts associated with the subject
project. Stream and wetland impacts will be mitigated 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.
Based on the information supplied by you in a letter dated May 30, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this
project is summarized in the following table. The maximum amount of mitigation that the
NCWRP will accept for this project is also indicated in this table.
Stream
(linear feet) Riparian Buffer
(ft) Wetlands
(acres)
Impact 211
Mitigation Maximum 422
As requested, the NCWRP will provide stream mitigation as specified in the 401
Water Quality Certification and/or Section 404 Permit for impacts associated with the subject
project in Cataloging Unit 03050101 of the Catawba River Basin.
If you have any questions or need additional information, please contact Crystal
Braswell at [phone].
Sincerel ,
'Ronald E. Ferrell,
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
Pete Colwell, MRO
W file
NCOE?INR
Customer Service
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7748

i

1
3/21/IC
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3/21/2005
W A T
O ?RQG
> W
O 'C
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 13, 2001
DWQ# 01-0817
Mecklenburg County
Bobby Zieller
Crescent Resources
400 S. Tryon Street
Charlotte, NC, 29201-1003
COO f??f
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Zieller:
You have our approval, in accordance with the attached conditions, to place fill in 293 linear feet of perennial streams and 108 linear
feet of intermittent streams, and to flood 340 linear feet of perennial streams (Paw Creek) in order to construct the AirPark West industrial
park in Mecklenburg County, as described in your application received by the Division of Water Quality on May 31, 2001. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be viewed on
our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 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. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in.the attached certification as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all areas within 50 feet of the remaining channel segment of Paw Creek
above the water quality pond. 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;
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
3. An additional condition is that a final, written stormwater management plan incorporating a wetland component into the proposed
water quality pond shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the
stormwater management plan, as approved by this Office, shall be implemented. The structural stormwater practices and well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality;
4. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to
streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory .
mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives
and clears your check (made payable to: DENR - Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning the Wetland Restoration Program. You have
one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of
293 feet of perennial streams, in the Catawba River and sub-basin, Cataloging Unit 030834, and 293 feet of stream mitigation are
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impacts to the nearest foot
(15A NCAC 2R .0503(b))."
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Page -2 of 2
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 which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at in Raleigh 919-733-
9721.
Sincerely,
4??
Kerr T. Stevens
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Clement Riddle, 300 North Main Street, Suite 205, Hendersonville, NC, 28793
010817
Page 2 of 2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Bobby Zieller has permission as outlined below to construct a dam and to fill
streams in order to construct the AirPark West industrial park 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
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
293 linear feet of perennial streams
AirPark West Industrial Park
Mecklenburg
Catawba (03-08-34)
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 surface waters as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
Mitigation:
293 linear feet of perennial streams by WRP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration 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 Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands
Restoration 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130277 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources
Address: 400 S. Tryon St.
Charlotte, NC 29201-1003
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Air Park West development located on approx. 62 acre tract on Sam Wilson Rd. ill west
Charlotte.
Description of Activity:
Fill approx. 293 LF of a trib. to Paw Cr. determined to have "important" aquatic function
for the purpose of accommodating the construction of the above referenced business park
development. Hard impacts will occur as a result of constructing a dam for a stornlwater
retention facility and filling/culverting for an access road and building site. In addition,
approx. 108 LF of "unimportant" channel will be impacted by the development. Approx.
334 LF of stream channel will be avoided and preserved by utilizing a 510 LF vertical
retaining wall on the property. The preserved stream will be protected by a 25 ft. vegetated
buffer. Mitigation to offset impacts to "important" stream channel will be accomplished
through appropriate payment into the state Wetland Restoration Program fund.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory official specified below.
Date July 10, 2001
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification July 10, 2003
cc: Newkirk Environmental
CFSAW Form 591
Revised July 1995
Permit Number: 200130277
Permit Type: NWP 39
Name of County: Mecklenburg
Name of Permittee: Crescent Resources
Date of Issuance: 7/10/01
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
PLEASE NOTE THAT THIS INFORMATION IS VERY IMPORTANT AND NEEDS TO BE SUBMITTED.
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date
p?O? W A T ?RQG
Rob Ridings, Wetlands/401 Unit
Q 'C Kerr T. Stevens, Director
Division of Water Quality
July 10, 2001
Mr. R. Clement Riddle
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Dear Mr. Riddle:
Subject: Project: Sam Wilson Road
County: Mecklenburg
DWQ: 010817
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration
Program (NCWRP) will accept payment for stream impacts associated with the subject
project. Stream and wetland impacts will be mitigated 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.
Based on the information supplied by you in a letter dated May 30, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this
project is summarized in the following table. The maximum amount of mitigation that the
NCWRP will accept for this project is also indicated in this table.

;
; Stream
(linear feet) Riparian Buffer
(ft2) Wetlands
(acres)
act
1m 211
Miti ation Maximum 422
As requested, the NCWRP will provide stream mitigation as specified in the 401
Water Quality Certification and/or Section 404 Permit for impacts associated with the subject
project in Cataloging Unit 03050101 of the Catawba River Basin.
If you have any questions or need additional information, please contact Crystal
Braswell at [phone].
cc:
t -A
NCDEiNR
Customer Service
Steve Chapin, USACOE
Pete Colwell, MRO
file
Michael F, Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Shiceral,
-f?- _ _--
?Ronald E. Ferrell,
Program Manager
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 300 623-7743

SU \
in ColeJenest u,out Tryon Street SAM WILSON ROAD
sulte harlotte
& Stone C
Land Flaming North Carolina 28204 CRESENT RESOURCES INC.
Land=pa Architecture Tele 704.3761555 400 SOUTH TRY?N STREET, SUITE 1300
Clvl Engineering Fax [phone]
Urban DesIgn CHARLOTTE, NORTH CAROLINA 28201
SITE PLAN

PR?J. NO.2305
DATEi 05/03/01 ® VH 1.0
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I I I I I \
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PROPOSED
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MITIGATION Sam LAFJR FELT
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CRESENT RESOURCES INC.
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V
H Gvil Engineering Tele 704.376.1555 CHARLOTTE, NORTH CAROLINA 28201
? Urban Design Fax [phone]
?N-SITE
WETLANDS MAP
PROJ. NO-2305
DATE, 05/08/01 ® WM 2.0
SCALEI 1' = 100' *Sheet

II
& Stone Charlotte
Land Plann!ng Korth CwcUna 28284
Landsca?e 4 chFt""" We 704.3761555
Clvll Engneering
Urban Deslgn Fax [phone]
CRESENT RESOURCES INC.
400 SOUTH TRYON STREET, SUITE 1300
CHARLOTTE, NORTH CAROLINA 28201
II
PROJ. NO.2305
DATE, 05/08/01 ® WN 3.0
SCALE, V = 50' *Sheet
ColeJenest 112 Scuth Tryon Street SAM WILSON ROAD ?N-SITE
S?dte 3L0 WETLANDS MAP

FILL M
= 82 LF

II
Tutu SITE ACREA.tZ - 621a AC
MTAL .A.OSanstUa4A- AREA EFSITC - 6093 AC
Sa/FT La7A2 FEET
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STREAM AREA A 3b36 9" a56TTAMTANTE134TTE Wt L_... J
IMPACTS Sa/PT LDS.WT FEET
STREAM PWEB/CLLVERTED 16-113 L'93
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4ITIGATICH Sa/FT Lnam FEET
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STRENI ENHN CE 61NT - E3 FEET SIEFERS
MIRGAT= - PAYMENT RiM NLVT7
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ColeJenest 112 South Tryon Street SAM WILSON R?AD
& Suite ?N-SITE
Stone Ctte WETLANDS MAP
Land Planning North Carolina 28284 CRESENT RESOURCES INC. PR?J. N?.2305
Civil Engineering Architecture Tele 704.376.1555 400 SOUTH TRYON STREET, SUITE 1300 DATET 05/08/01 ® WN 4.0
Urban E Fax [phone]
rb Design CHARLOTTE, NORTH CAROLINA 28201 SCALES 1' = 50' *Sheet
A
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,Q.
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COleJeneSt s112 uite South Tryon Street SAM WILSON ROAD
suite 300 SEWER EXTENSION S t o ne Charlotte WETLANDS MAP
&
Land Planning North Carolina 28284 CRESENT RESOURCES INC. PRDJ. N?.2305
Landscape Architecture
Civil Engineering Tele 704.376.1555 400 SOUTH TRYON STREET, SUITE 1300 DATEi 05/08/01 ® WM 5.0 Urban Design Fax [phone] CHARLOTTE, NORTH CAROLINA 28201 SCALE. 1' = 100' *Sheet
NationNvide 39 Permit Application
AirPark West
VII. Impact Justification (Avoidance and Minimization)
Impacts to this channel are necessary to provide an access road into the site and allow
necessary room for building alignments, required parking, and stormwater detention.
This development is consistent with the Westside (Of Mecklenburg) Strategic Zoning
Plan. The site is serviced by I-85 and future 1-485 within two miles. Site topography
provided a large challenge. In order to balance the site and maintain acceptable gradients
on roadways approximately 700,000 cy of dirt will be moved. The end product will
provide stepped floor elevation of buildings and acceptable slopes for roadways. The
typical building footprint for warehouse distribution buildings is 200 feet wide by 750
feet long. Added to the building with is another 210 feet for required parking. The
relatively large building footprints and earthwork provided a great challenge for this site.
In addition Charlotte Mecklenburg Planning Committee attached several site conditions:
C A public loop road for Charlotte Area Transit Service (CATS) access
O A parcel of land in the southwest corner of the site is reserved for CATS to be
converted into a transit stop
Internal buildings were directed to be rear-loaded
External buildings were directed to be front-loaded
Entrances to the park are dictated in part due to minimum standards from the NC
DOT.
A pre-application site visit was conducted with Mr. Steve Chapin, US Army Corps of
Engineers on November 14, 2000 and with Mr. Pete Caldwell on November 16, 2000.
The purpose of these meetings was to discuss the proposed preliminary site plan dated
November 10, 2000 (meeting minutes attached). Both Mr. Chapin and Mr. Caldwell
indicated that the project impacts would be more likely to be approved if we could reduce
impacts by using half-pipes or retaining walls. In addition, during these meetings the
intermittent stream was evaluated and the beginning point where the stream becomes
"biologically important" was agreed upon and is shown on the permit figures. Mr.
Chapin indicated that impacts that result from flooding would not count towards the 300
linear foot individual permit threshold. Mr. Caldwell added that impacts resulting from
this flooding impact would not require mitigation.
Following the meeting the site plan was finalized and the stream impacts were reduced.
This includes an approximately 15 percent reduction to the building square footage and
includes avoiding and preserving 334 linear feet of wetlands/waters by using a 510 linear
foot vertical retaining wall. The preserved stream will be protected by a 25-foot
vegetated buffer.
Compensatory mitigation for impacts to approximately 293 linear feet of "important"
intermittent stream channel is proposed through appropriate contributions to the NC
Wetlands restoration program as per guidance in the Public Notice regarding mitigation
options (approval attached).
NEWKIRK ENVIRONMENTAL, INC.
NORTH CAROLINA DIVISION OF WATER QUALITY
680A • JOB COST
t\o25 - Ok - DS I '7
NE, INC. CHECKING-
NEWKIRK ENVIRONMENTAL, INC.
NORTH CAROLINA DIVISION OF WATER QUALITY
680A • JOB COST
r?\, I
W? S
8/9/2005
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NE, INC. CHECKING-
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Vol
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475.00
475.00
23343
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,? wAr,,z;9
Ot 0 Q?
7
4 'C
Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
Pete Colwell, MRO
file
Kerr T. Stevens, Director
Division of Water Quality
.1
( SS It e O ( July 10, 2001
Mr. R. Clement Riddle
Newkirk Environmental Inc. i r2
300 North Main Street, Suite 205= '
Hendersonville, North Carolina 28792
,vLL.
Dear Mr. Riddle:
Subject: Project: Sam Wilson Road
County: Mecklenburg
DWQ: 010817
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration
Program (NCWRP) will accept payment for stream impacts associated with the subject
project. Stream and wetland impacts will be mitigated 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.
Based on the information supplied by you in a letter dated May 30, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this
project is summarized in the following table. The maximum amount of mitigation that the
NCWRP will accept for this project is also indicated in this table.
Stream Riparian Buffer Wetlands
(linear feet) (ft'`) (acres)
Impact 211
Mitigation Maximum 422
As requested, the NCWRP will provide stream mitigation as specified in the 401
Water Quality Certification and/or Section 404 Permit for impacts associated with the subject
project in Cataloging Unit 03050101 of the Catawba River Basin.
If you have any questions or need additional information, please contact Crystal
Braswell at [phone].
cc:
X??
NC-?'
DE,NiR
Customer Service
Michael F. Easley
Govemor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
SZ?erel:g
?
'Ronald E. Ferrell,
Program Manager
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1 61 9
Wetlands Restoration Program [phone] Fax: [phone]
1 300 623--77 48
O?O? W AT ?9QG
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
October 10, 2001
Mr. Bobby Zieller
Crescent Resources
400 S. Tryon St.
Charlotte, NC 29201-1003
Dear Mr. Zieller:
Subject: Stormwater Pond
Air Park West
Mecklenburg County, NC
DWQ# 010817
This Office is in receipt of the plans dated October 2, 2001 for the stormwater management pond at the
subject facility prepared on your behalf by ColeJenest & Stone and submitted to the Division on October 5,
2001. Staff from the Wetlands Unit reviewed the plans and found them acceptable. Please note that this
approval shall not be construed as an approval of the dam design for Dam Safety purposes.
If you have any questions regarding this matter, please con act Mr. Todd St. John at [phone].
Sincerely, h
?
Jo . Dorney l/
Wetlands Unit Supervisor
cc: Mr. Todd St. John, Wetlands Unit
4'1;?Ooresville Regional Office
Jay Banks, PE, ColeJenest & Stone, 112 South Tryon Street, Suite 300, Charlotte, NC 28284
V ile
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919.733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
T
Michael S. Cole, RLA
Manaq;ng Principal
Brian C. lcncst, RLA
Manaaina Principal
Dudleu D. Store, PE
Manaaina Principal
Allison W. Merriman, RLA
Principal
Susan G. Frculcr, RLA
Principal
lane S. Alexander, RLA
Principal
ColeJenest
Stone
Land Planning
Landscape Architecture
Cicil En,rineering
Urban Design
Transmittal
Date: October 2, 2001
Reference: 2305 - Air Park West - Public Street
Attention: Mr. Todd St. John
Company: North Carolina Division of Water Quality
4401 Reedy Creek Road.
Raleigh, North Carolina 27607
We Are
Transmitting:
Transmitted Via
Remarks:
By:
Tel: (919) -733-1786
® Herewith ? Under Separate Cover
Copies Dated Description
1 10/02/01 CV3 & CV7
1 09/19/01 Coov of letter describing modifications
® Mail ? Overnight ? Courier ? Hand Delivery
® For Approval ? For Your Use ? As Requested ® For Review
We have modified the plans per your comments. The vegetative shelf now
begins at the permanent pool elevation. Pond has been made deeper by
adding a 603 contour to the forebay_and_603 has been pulled back in the
main pond to allow for an average depth-of 6'. The detailed outlet orifice
draws water 1.5' below the, permanent _pool to-minimize-floating debris
clogging. Thank you for all of your help with this and past projects.
Ja%t D\B6rnks
rcn
cc: Mr. George L. Hodges III - CR
Mr. Michael S. Cole, RLA - CJS
Ms. Susan G. Freyler, RLA - CJS
112 South Tryon Strict
Suite 300
Charlotte
North Carolina
28284
Tele 704. 376, 1555
Fax [phone]
Ennail cis(i'ca!ejencststone.can
V"914, eole i arststorle cant
M1Project Files\2305\2001\Trans\1002t SUohn, T wgbasinresubmil.doc
u I
??? W AT ?RQ Michael F. Easley
?O G Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 13, 2001
DWQ# 01-0817
Mecklenburg County
Bobby Zieller
Crescent Resources
400 S. Tryon Street
Charlotte, INC, 29201-1003
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Zieller.
You have our approval, in accordance with the attached conditions, to place fill in 293 linear feet of perennial streams and 108 linear
feet of intermittent streams, and to flood 340 linear feet of perennial streams (Paw Creek) in order to construct the AirPark West industrial
park in Mecklenburg County, as described in your application received by the Division of Water Quality on May 31, 2001. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be viewed on
our web site at http:Hh2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 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. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in_the attached certification as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all areas within 50 feet of the remaining channel segment of Paw Creek
above the water quality pond. 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;
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
3. An additional condition is that a final, written stormwater management plan incorporating a wetland component into the proposed
water quality pond shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the
stormwater management plan, as approved by this Office, shall be implemented. The structural stormwater practices and well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality;
4. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to
streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory .
mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 213 .0233(10). Until the Wetland Restoration Program receives
and clears your check (made payable to: DENR - Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning the Wetland Restoration Program. You have
one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of
293 feet of perennial streams, in the Catawba River and sub-basin, Cataloging Unit 030834, and 293 feet of stream mitigation are
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impacts to the nearest foot
(15A NCAC 2R .0503(b))."
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
A,(1 700 ,HOC ,--1.......\ AIl1 770 .0- 11-11, L.u-.. ,,L-a .. ..... ........ .... .... .........-H.....1..,
Page 2 of 2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Bobby Zieller has permission as outlined below to construct a dam and to fill
streams in order to construct the AirPark West industrial park 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 REOUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
293 linear feet of perennial streams
AirPark West Industrial Park
Mecklenburg
Catawba (03-08-34)
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 surface waters as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
Mitigation:
293 linear feet of perennial streams by W RP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration 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 Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands
Restoration 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
O?O? W A T ?RPG
? r
o ?
Michael F.-Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 13, 2001
DWQ# 01-0817
Mecklenburg County
Bobby Zieller
Crescent Resources
400 S. Tryon Street
Charlotte, NC, 29201-1003
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Zieller:
You have our approval, in accordance with the attached conditions, to place fill in 293 linear feet of perennial streams and 108 linear
feet of intermittent streams, and to flood 340 linear feet of perennial streams (Paw Creek) in order to construct the AirPark West industrial
park in Mecklenburg County, as described in your application received by the Division of Water Quality on May 31, 2001. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be viewed on
our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 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. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all areas within 50 feet of the remaining channel segment of Paw Creek
above the water quality pond. 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;
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project. All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
3. An additional condition is that a final, written stormwater management plan incorporating a wetland component into the proposed
water quality pond shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the
stormwater management plan, as approved by this Office, shall be implemented. The structural stormwater practices and well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality;
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to
streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B.0242(7), this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 26 .0233(10). Until the Wetland Restoration Program receives
and clears your check (made payable to: DENR - Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions concerning the Wetland Restoration Program. You have
one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of
293 feet of perennial streams, in the Catawba River and sub-basin, Cataloging Unit 030834, and 293 feet of stream mitigation are
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impacts to the nearest foot
(15A NCAC 2R .0503(b))."
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
non 700 .1.0 1-1 ---% !l. l1 707 -- /l...., .. N... 11-- - ........ .... .... ..........H.....J..,
VALID WITHOUT THE ATTACHMENTS.
Page 2 of 2
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 which conforms to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at in Raleigh 919-733-
9721.
Sincerely,
Kerr T. Stevens
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWO Regional Office
Central Files
File Copy
Clement Riddle, 300 North Main Street, Suite 205, Hendersonville, NC, 28793
010817
Page 2 of 2
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 which conforms to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at in Raleigh 919-733-
9721.
Sincerely,
Kerr T. Stevens
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Clement Riddle, 300 North Main Street, Suite 205, Hendersonville, NC, 28793
010817
Page 2 of 2
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Bobby Zieller has permission as outlined below to construct a dam and to fill
streams in order to construct the AirPark West industrial park 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
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
293 linear feet of perennial streams
AirPark West Industrial Park
Mecklenburg
Catawba (03-08-34)
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 surface waters as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
Mitigation:
293 linear feet of perennial streams by W RP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration 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 Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands
Restoration 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
O?O?- W AT ?RQG
> ? W? y
Mr. Jay Banks, PE
ColeJenest & Stone
112 South Tryon Street, Suite 300
Charlotte, NC 28284
Dear Mr. Banks:
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Subject:
September 19, 2001
Air Park West
DWQ Project No. 010817
Mecklenburg County
® COLEJENEST&STONE
OCT 1 2001
PROJ. NO. 255
The Wetlands Unit staff reviewed the stormwater management plans for the subject project and determined that additional
information is necessary to complete the technical review process. The required additional information is as follows:
Trash Guard
Unprotected orifice structures will experience clogging problems and increase the maintenance effort required to
keep the basin functioning properly. The Division recommends that a trash guard be fitted on the orifice to prevent
floating debris from interfering with performance.
2. SA/DA Ratio
The SA/DA ratio is based on the average depth of the pond at permanent pool. Reference NCDENR Stormwater
Best Management Practices Manual, April 1999, p. 6. This could be achieved by making the pond deeper.
3. Vegetative Shelf
The vegetative shelf appears to begin a foot or more below the permanent pool elevation. The vegetative shelf
should begin at the permanent pool elevation in order for vegetation to establish itself. Please revise the
engineering plans.
Division wetlands unit staff will strive to complete a final technical review within 10 working days of receipt of the
requested information. If you have any questions or would like to discuss this project, please contact me at (919) 733-
9584. Also, please note that the NCDENR Stormwater Best Management Practices Manual, April 1999, and other
documents and information can be downloaded from the Wetlands Unit web site at
http://h2o.ehnr.state.nc.us/ncwetiands/.
Sincerely,
Todd St. Vn PE
Environmental Engineer
cc: Mooresville Regional Office
File
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
F WAIF
\O?O RQC. Michael F. Easley
Governor
Q r William G. Ross, Jr., Secretary
>_ y Department of Environment and Natural Resources
O Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
September 19, 2001
Mr. Jay Banks, PE
ColeJenest & Stone
112 South Tryon Street, Suite 300
Charlotte, NC 28284
Subject: Air Park West
DWQ Project No. 010817
Mecklenburg County
Dear Mr. Banks:
The Wetlands Unit staff reviewed the stormwater management plans for the subject project and determined that additional
information is necessary to complete the technical review process. The required additional information is as follows:
Trash Guard
Unprotected orifice structures will experience clogging problems and increase the maintenance effort required to
keep the basin functioning properly. The Division recommends that a trash guard be fitted on the orifice to prevent
floating debris from interfering with performance.
2. SA/DA Ratio
The SA/DA ratio is based on the average depth of the pond at permanent pool. Reference NCDENR Stormwater
Best Management Practices Manual, April 1999, p. 6. This could be achieved by making the pond deeper.
3. Vegetative Shelf
The vegetative shelf appears to begin a foot or more below the permanent pool elevation. The vegetative shelf
should begin at the permanent pool elevation in order for vegetation to establish itself. Please revise the
engineering plans.
Division wetlands unit staff will strive to complete a final technical review within 10 working days of receipt of the
requested information. If you have any questions or would like to discuss this project, please contact me at (919) 733-
9584. Also, please note that the NCDENR Stormwater Best Management Practices Manual, April 1999, and other
documents and information can be downloaded from the Wetlands Unit web site at
http://h2o.ehnr.state.nc.us/ncwetlands/.
Siiincc//erely,
Todd St. !Jo n, PE
Environmental Engineer
cc: Mooresville Regional Office
File
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Project No. DWQ Air Park West
Project Name: 010317
SUBMITTED DESIGN. REQUIRED DESIGN:
elevations 4.2 average depth status
Bottom of Basin (ft) 602.75
Permanent Pool (ft) 609 6.25 ft. depth check depth
Temporary Pool (ft) 612 3 ft. depth ok
areas
Permanent Pool SA (sq ft)
49895
53078 sq. ft.
check surf at
Drainage Area (ac) 97.4
Impervious Area (ac) 39 40.0%
-
volumes
permanent Pool (cu ft) 210771
Temporary Pool (cu ft) 143353 145091 cu. ft. check tennpc
Forebay (cu ft) 64643 30.7 % check forebi
other parameters
SA/DA 0 1.25 -
Orifice Diameter (in) 8.25 2.19 efs drawdown -
Design Rainfall (in) 1 0.8 day drawdown check dram
Linear bnterpolation of Correct SA/DA***
6.25 ft. Permanent Pool Depth
170 Impervious SA/DA from Table
Next Lowest 40 1.25
Project Impervious 40.0 1.25
Next Highest 50 1.5
Project No. DWO 61-681-1 (to be provided by DWQ)
DIVISION OF WATER QUALITY - 401 WET DETENTION BASIN WORKSHEET
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin worksheet for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a fully executed
operation and maintenance agreement. An incomplete submittal package will result in a request for additional
information and will substantially delay final review and approval of the project.
1. PROJECT INFORMATION (please complete the following information):
Project Name : Air Park West
Contact Person: Jay Banks Phone Number: (704 ) 376-1555
For projects with multiple basins, specify which basin this worksheet applies to: N/A
Basin Bottom Elevation 602.75 ft.
Permanent Pool Elevation 609.0 ft.
Temporary Pool Elevation 612.0 ft.
Permanent Pool Surface Area 49,895 sq. ft.
Drainage Area 97.4 ac.
Impervious Area 39.0 ac.
Permanent Pool Volume 210 , 771 cu. ft.
Temporary Pool Volume 143,353 cu. ft.
Forebay Volume 64,643 cu. ft.
SA/DA used 1.03
Diameter of Orifice 8.25 in.
(average elevation of the floor of the basin)
(elevation of the orifice invert out)
(elevation of the outlet structure invert in)
(water surface area at permanent pool elevation)
(on-site and off-site drainage to the basin)
(on-site and off-site drainage to the basin)
(combined volume of main basin and forebay)
(volume detained on top of the permanent pool)
(surface area to drainage area ratio)
(draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have
been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of
why.
Applicants Initials
J B The temporary pool controls runoff from the 1 inch storm event.
J B The basin length to width ratio is greater than 3:1.
J B The basin side slopes are no steeper than 3:1.
J B A submerged and vegetated perimeter shelf at less than 6:1 is provided.
JB Vegetation to the permanent pool elevation is specified.
J B An emergency drain is provided to drain the basin.
J B The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
J B The temporary pool draws down in 2 to 5 days.
J B The forebay volume is approximately equal to 20% of the total basin volume.
J B Sediment storage is provided in the permanent pool.
J B Access is provided for maintenance.
r1R A minimum 30-foot vegetative filter is provided at the outlet.
JB A site specific operation and maintenance (O&M) plan is provided.
J B A vegetation management/mowing schedule is provided in the O&M plan.
J B Semi-annual inspections are specified in the O&M plan.
JB A debris check is specified in the O&M plan to be performed after every storm event.
JB A specific sediment clean-out benchmark is listed (elevation or depth) in O&M plan.
J B A responsible party is designated in the O&M plan.
FORM SWG100 09/97 Page 1 of 1
Transmittal

Michael S. Cole, RLA
Malia_alnta Principal
Briars C. lencst, RLA
Mar¢eaina Principal
Dudley D. Stone, PE
Manaam a Principal
Allison W. Merriman, RLA
Principal
Susan G. f reylcr, RLA
Principil
lane S. Alcwn,lcr, RLA
Principal
a9s Stem.
Laud Planuina
Landscape Ar(htccl ure
CinI Euyinecriny
Ur6wl Dcsiyn
Date: September 11, 2001
Reference: 2305 - Air Park West - Public Street
Attention: Mr. Todd St. John
Company
We Are
Transmitting:

North Carolina Division of Water Quality Tel: (919) -733-1786
4401 Reedy Creek Road.
Raleigh, North Carolina 27607
® Herewith ? Under Separate Cover
Copies Dated Description
1 08/24/01 CV1, CV3 & CV7
1 08/27/01 401 Wet Detention Basin Worksheet
1 08/27/01 Wet Detention Basin Supplement
1 08/27/01 Pond Maintenance Requirements
1 06/04/01 Water Quality Basin Calculations
1 07/13/01 Copy of Approval of 401 Water Quality Certification
with Additional Conditions, Wetlands Restoration
Program from North Carolina Division of Water
Quality
1 07/10/01 Copy of United States Army Corps. of Engineers
Nationwide Permit No. 39

Transmitted Via: ® Mail ? Overnight ? Courier ? Hand Delivery
® For Approval ? For Your Use ? As Requested ® For Review
Remarks: Please review and call with any questions.
By:
Ja a ks
rcn
cc: Mr. Michael S. Cole, RLA - CJS
112 Soath Tryon Street Ms. Susan G. Freyler, RLA - CJS
Suite 300
C(i a rlol l e
Noith Carolina
28284
Tcle 704. 376. 1555
Fax [phone] MAProject Files\2305\2001\Trans\09111 StJohn, T wgbasinsubmittal.doc
Email cjs(ecolcjcueslsfouC(oni
uu"?'.colcjiuislstOne Cont
Permit No. 01 -081-1
(to be provided by DIVQ)
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwatcr management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Air Park West
Contact Person: Jay Banks Phone Number: (704 ) 376-1555
For projects with multiple basins, specify which basin this worksheet applies to:
elevutions
Basin Bottom Elevation 602.75 ft.
Permanent Pool Elevation 609.0 ft.
Temporary Pool Elevation 612.0 ft.
areas
Permanent Pool Surface Area 49,895 sq. ft. (water surface area at the orifice elevation)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
Drainage Area 97.4 ac. (on-site and off-site drainage to the basin)
Impervious Area 39.0 ac. (on-site and off-site drainage to the basin)

volumes
Permanent Pool Volume 210,771 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 143 , 353 cu. ft. (volume detained above the permanent pool)
Forebay Volume 64,643 cu. ft. (approximately 20%of*total volume)
Other parameters
SA/DA I
Diameter of Orifice
1.03
8.25 in.
(surface area to drainage area ratio from D1VQ table)
(2 to S day temporary pool draw-down required)
Design Rainfall
Design TSS Removal 2
1 in.
85 %
(minimum 85% required)
Form SWU-102 Rev 3.99 Page I of 4
Footnotes:
1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stonnwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been mct and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
J B a.
JB b.
J B C.
J B ti.
NR C.
JB
JB
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
The forebay volume is approximately equal to 20% of the basin volume.
The temporary pool controls runoff from the design storm event.
The temporary pool draws down in 2 to 5 days.
If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
calculations)
f. The basin length to width ratio is greater than 3:1.
g
The basin side slopes above the permanent pool are no steeper than 3:1.
A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
Vegetative cover above the permanent pool elevation is specified.
A trash rack or similar device is provided for both the overflow and orifice.
A recorded drainage easement is provided for each basin including access to nearest right-
J B h.
JB i.
JB j.
J B k.
of-way.
JB 1. if the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
JB m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does Ill does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does (Xdoes not incorporate pretreatment other than a forebay.
Form SW U-102 Rev 3.99 Page 2 of 4
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.5 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 3.75 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Sediment Ren oval El. 605. 25
--------------
Bottont Elc anon
FOREBAY
Pennanent Pool Elevation 609
Sediment Removal Elevation 604. 5
-------------------------------
Bottom Elevation 603
75%
25%
,vTAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Paee 3 of 4
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name:
Title:
Address:-
Phon
Sigma
Date:
/VG
ZS'Zc, ?
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
L a Notary Public for the State of o,??d1 Lai, o i n
I,
?Q
County of _ v , do hereffby certify hat 2 - .4c)
personally appeared before me thi?f_J`day of U s c?0o I and acknowledge the due
maintenance requirements. Witness my hand and official seal,
SEAL
My commission expires
Corm SWU-102 Rev 3.99 Page 4 of 4
POND MAINTENANCE REQUIREMENTS
Project Name: Air'Park West Project Number. 2305
Responsible Party: Crescent Resources, LLC Phone Number: (704) 3 2-8009
Address: 400 S. Tryon St., Suite 1300 Charlotte, North Carolina 28201
I. Inspect monthly, or after every runoff-producing rainfall event, whichever comes first
A. Remove debris from the trash rack.
B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check for
pump operation.
C. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event
D. If the pond is operated with a vegetated filter, check the filter for sediment accumulation, erosion and
proper operation of the flow spreader mechanism. Repair as necessary.
II. Quarterly
A. Inspect the collection system (i.e., catch basins, piping, grassed swales) for proper functioning. Clear
accumulated trash from basin grates and basin bottoms, and check piping for obstructions.
B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes.
C. Reseed grassed swales, including the vegetated filter if applicable, twice a year as necessary. Repair
eroded areas immediately.
III. Every 6 months
A. Remove accumulated sediment from the bottom of the outlet structure.
B. Check the pond depth at various points in the pond If depth is reduced to 75% of original design depth,
sediment will be removed to at least original design depth.
9'
• I'
POND MAINTENANCE REQUIREMENTS CONTINUED
PAGE 2
IV. General
A. Mow the side slopes, not including normally submerged vegetated shelf, according to the season. Maximum grasS
height wfil be 6".
B. Cattails, and other indigenous wetland plants, are encouraged along the pond perimeter; however, they must be
removed when they cover the entire surface area of the pond
C. The orifice is designed to draw down the pond in 2-5 days. If drawdown is not acrauTlished in that time, the
system may be clogged The source of the clogging must be found and di ninaterj
D. All components of the detention pond system must be kept in good working order.
V. Special Requirements
I, S'F hereby acknowledge that I am the financially
responsible party for mairyenanx of this detention I will l? perform the mairtrenamp as outlined
above, as part of ertificarion of C fiance with Stormwater Regulations received for this project.
Signature: P4-/ / --_- Date:_ tq g ~ 2 7-6
F-Al Y i S C- e-a Notary Public for the State of I A c, r0 I ? v1 ? County or -
do u r do hereby certify that eQ . I- • 4L A e S personally appeared before m rz
ay of •I?Oo1. and aGmowiedge the due execution of the foregoing instrument, Witness m/
seal,
SEAL
4y comm ssion exrires ?/ // / c-,
10
AIR PARK WEST ColeJenest & Stone
JOB NO.: 2305 BY: JDB 112 South Tryon Street, Suite 300 s
DATE: 06104101 T.L.: SGF Charlotte, North Carolina 28284
REVISED: 08123101 P.M.: MSC WATER QUALITYBASIN CALCULATIONS
To meet the Water Quality requirements, the procedure outlined in the "Stormwater Best
Management Practices" published by NCDENR will be used. This guide gives the
required pond surface area and storage volume to meet an 85% pollutant removal
efficiency. Also, the pond must detain the first 1" of rainfall and release this volume
over a period of 2 to 5 days. Calculations for these requirements are as follows:
Surface area requirements
Drainage area to pond (Da)= 97.4 Ac
Post-development impervious percentage = 40%
Average pool depth = 6 ft
Designed permanent pool elevation = 609
From table 1.1 in the BMP guidelines the required Surface Area to Drainage Area
Ratio (SA/DA) for a permanent pool depth of 5 feet = 1.03
Required surface area = SA/DA / 100 x Drainage area=
Surface area of pond as designed at permanent pool elevation =
1 " rainfall requirements
Using the runoff volume calculations in the "Simple Method" :
Rv = 0.05 +.009 (1)
Rv= 0.41 in/in
Volume = (Design rainfall) (Rv) (Drainage Area)
Volume = 1" rainfall x Rv in/in x 1/12 in/ft x Da =
1.00 Ac
1.15 Ac
3.33 ac-ft
or 144960 ft^3
% PERMANENT POOL DEPTH
Impervious 3 4 5 6 7 8 9
10 0.59 0.49 0.43 0.35 0.31 0.29 0.26
12 0.67 0.55 0.48 0.4 0.35 0.32 0.3
20 0.97 0.79 0.7 0.59 0.51 0.46 0.44
25 1.6 0.94 0.84 0.72 0.61 0.55 0.53
30 1.34 1.08 0.97 0.85 0.7 0.64 0.62
38 1.65 1.36 1.19 0.99 0.86 0.78 0.74
40 1.73 1.43 1.25 1.03 0.9 0.82 0.77
45 1.87 1.58 1.38 1.18 1 0.91 0.85
50 2 1.73 1.5 1.33 1.09 1 0.92
55 2.2 1.88 1.58 1.42 1.19 1.09 1.01
60 2.39 2.03 1.66 1.51 1.29 1.17 1.1
65 2.57 2.15 1.81 1.65 1.39 1.26 1.2
70 2.75 2.27 1.96 1.79 1.48 1.35 1.29
72 2.82 2.32 2.02 1.85 1.52 1.39 1.33
75 3.04 2.39 2.11 1.93 1.58 1.44 1.39
80 3.25 2.51 2.26 2.07 1.67 1.53 1.48
85 3.47 2.63 2.41 2.21 1.77 1.62 1.58
90 3.68 2.75 2.56 2.35 1.86 1.71 1.67
This volume must be released over a period of 2-5 days
As designed pond areas:
Storage Volumes
Cumulative
Elevation Area(ac) Volume(ac-ft)
609 1.15 0.00
610 1.21 1.18
612 1.38 3.76
614 1.56 6.70
616 1.76 10.01
Interpolation to find elevation at which required storage volume is reached
Storage
Elev area
610 1.18
Elev 3.33
612 3.76
Elev= 611.66
Storage elevation = 2.66 feet above permanent pool elevation
Determination of Orifice size for 2-5 day drawdown
a= 2A x S rt h) 'Falling head equation
Ct(sgrt(29))
a= Area of orifice a sqft
t= Time to drawdown 172800 sec
A= Average pond surface area 97527 sf
g= Gravity constant 32.2 ft/s^2
h= Change in head 2.662424034 ft
C= Orifice constant 0.6
Maximum orifice area = 0.38252206 sqft
Assume 2 day minimum
Maximum orifice size = 8.38 inches (2 day drawdown)
Storage Volumes(Forebay)
Cumulative
Elevation Area(sqft) Volume(cu-ft)
604 9966 0
605 10749 10345
606 11554 21483
607 12498 33493
608 16188 47782
609 17576 64643
Storage Volumes(Permanent pool)
Cumulative
Elevation Area(sgft) Volume(cu-ft)
603 5671 0
604 29094 15854
605 34019 47347
606 36012 82323
607 38426 119498
608 47286 162235
609 49895 210771
Storage Volumes(Temporary pool)
Cumulative
Elevation Area(sgft) Volume(cu-ft)
609 49895 0
610 52900 51339
611 55989 105722
611.66 58167 143353
o?C? ? A r?9Q?
r
> -f
O -?
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 13, 2001
DWQ# 01-0817
Mecklenburg County
Bobby Zieller
Crescent Resources
400 S. Tryon Street
Charlotte, NC, 29201-1003
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Zieller:
You have our approval, in accordance with the attached conditions, to place fill in 293 linear feet of perennial streams and 108 linear
feet of intermittent streams, and to flood 340 linear feet of perennial streams (Paw Creek) in order to construct the AlrPark West industrial
park in Mecklenburg County, as described in your application received by tho Division of Water Quality on May 31, 2001. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Number 3287, which can be viewed on
our web site at httr)1/h2o enr state.ne.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 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. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in.the attached certification as well as the additional conditions
listed below:
1. Deed notifications or similar mechanisms shall be placed on all areas within 50 feet of the remaining channel segment of Paw Creek
above the water quality pond. 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;
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the
Division of Land Resources releases the project- All measures included in the approved sediment and erosion control plan must be
strictly followed throughout construction;
3. An additional condition is that a final, written stormwater management plan incorporating a wetland component into the proposed
water quality pond shall be approved in writing by this Office before the impacts specified in this Certification occur. The stormwater
management plan must include plans and specifications for stormwater management facilities designed to remove 85 /o TSS
according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent
building is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the
stormwater management plan, as approved by this Office, shall be Implemented. The structural stormwater practices and well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality;
4. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to
streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 213 .0242(7), this contribution will satisfy our compensatory .
mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives
and clears your check (made payable to: DENR -Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr.
Ron Ferrell should be contacted at [phone] if you have any questions conceming the Wetland Restoration Program. You have
one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of
293 feet of perennial streams, in the Catawba River and sub-basin, Cataloging Unit 030834, and 293 feet of stream mitigation are
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impacts to the nearest foot
(15A NCAC 2R .0503(b))."
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
n.n no .-.oc --1 n.n -.7n corm rr-.n ?..... rr.. n .. ..... ........ .... .... r.,,...._.
2- d SS20-0169-8128 I eluawuo.a t nu3 11J Z ->{maN
Page 2 of 2
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 which conforms to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Pete Colwell in DWO's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at in Raleigh 919-733-
9721. /Sincerely,
l?n Kerr T. Stevens
Attachments -
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Clement Riddle, 300 North Main Street, Suite 205, Hendersonville, NC, 28793
010817
E-d ssao-869-828 Ie4uawu0JiAu3 ?1Jt'>1lmaN
rayc c v'
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Bobby Zieller has permission as outlined below to construct a dam and to fill
streams in order to construct the AirPark West industrial park 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
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
293 linear feet of perennial streams
AirPark West Industrial Park
Mecklenburg
Catawba (03-08-34)
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 surface waters as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
Mitigation:
293 linear feet of perennial streams by W RP
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration 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 Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form'and mail it to the Wetlands
Restoration 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 WETLANDS RESTORATION PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
j'-CI SSZO-869-BZB 1e4UaWU0J1Au3 ',IJzAmaN
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130277 County Mecldenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Crescent Resources
Address: 400 S. Tryon St.
Charlotte, NC 29201-1003
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Air Park West development located on approx. 62 acre tract on Sam Wilson Rd. in west
Charlotte.
Description of Activity:
Fill approx. 293 LF of a trib. to Paw Cr. determined to have "important" aquatic function
for the purpose of accommodating the construction of the above referenced business park
development. Hard impacts will occur as a result of constructing a dam for a stormwater
retention facility and filling/culverting for an access road and building site. In addition,
approx. 108 LF of "unimportant" channel will be impacted by the development. Approx.
334 LF of stream channel will be avoided and preserved by utilizing a 510 LF vertical
retaining wall on the property. The preserved stream will be protected by a 25 ft. vegetated
buffer. Mitigation to offset impacts to "important" stream channel will he accomplished
through appropriate payment into the state Wetland Restoration Program fund.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
S'd SSZo-869-8Z8 tequ0wu0Jtnu3 >iJT?maW
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date July 10, 2001
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification July 10, 2003
cc: Newkirk Environmental
CLSAW Form 591
Revis d July 1995
9'd SS20-669-BZB Ie4uawu0J1nu3 ',j Jt?{maN
Facility Name AirPark West c/o Crescent Resources
Project Number 01 0817
Comments (continued from page 1):
County Mecklenburg
Regional Contact: Pete Colwell
Date: 6/25/2001
The pr oject will impact the upper end of the jurisdictional channel ( 108 linear feet of intermittent and
211 lin ear feet of perennial) with fill for one building and the southern entrance road. The applicant is
f2?pos inato preserve 311 linear feet of channel below the road crossing by using 510 linear feet of
re g walls. A 25 foot wide riparian buffer is also proposed along this portion of the channel. A
"wate r typond to collect stormwater is proposed at the lower end of the property. The pond
constru ction would impact another 82 linear feet of stream channel and flood another 340 feet. The
applica nt proposes mitigation for theperennial channel im ap cts by making a payment into the
Wetlan d Restoration Program.
The MRO recommends that the 401 WOC be issued and include the following conditions:
1) Because of the nature of the proposed development and Lake Wylie within a mile downstream. the
MRO recommends that a wetland componment be constructed along with the water quali pond.
2) The detailed plans for the stormwater treatment facility should be submitted within 30 days after
issuance of the 401 and the stormwater facility shall be operational prior to occupation of the
buildings.
3) The water quality pond should have a low flow release design to prevent drying up the channel
below during periods of little rainfall.
4) Deed restrictions should be placed on the remaining channel segment above the water quality
pond.
cc: Regional Office
Central Office Page Number 2
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Pete Colwell
WQ Supervisor: Bex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name AirPark West c/o Crescent Resources
Project Number 01 0817
Recvd From APP
Received Date 5131101
Project Type commercial fill
Recvd By Region
Region Mooresville
Certificates Stream Stream Impacts (ft.)
Class
Permit Wetland Wetland Wetland Stream Acres Feet ?+1? 1lft=1F
Ott 9} +i1i;t=r'£
Type Type Impact Score Index Prim. SuPP• Basin Req. Req.
39 FStream PT_ O N ? 11-124 F C F 30,834. 741.00 293.00 108.00
F_F_ PT _0N r r
Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream 293.00
4
Is Wetland Rating Sheet Attached? O Y * N Did you request more info? O Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? OQ Y O N Recommendation: O ISSue Olssue/fond O Deny
Provided by Region: Latitude (ddmmss) 351443 Longitude (ddmmss) 805908
Comments:
The project site consists of a 62 acre site off Sam Wilson Road in west Charlotte. Most of the
property is mixed pine and hardwood forest. On the western side a stream valley cuts through the
property from north to south, The stream valley is dominated by a dense growth of kudzo. The
stream channel begins as an erosion 9ulley at the north side of the property. The channel begins to
intercept groundwater and become jurisdictional in the lower third of the property. The stream
channel is deeply incised with minimal flow. A few crayfish and salamanders were observed in the
lower portions of the stream.
County Mecklenburg
County2
cc: Regional Office
Central Office Page Number', 1
r
2-a
D `C
Michael F. Easley
Governor
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
Mr. R. Clement Riddle April 16, 2001
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Dear Mr. Riddle:
Subject:
Project Name: Sam Wilson Rd. Development
DWQ #:
COE #:
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for stream impacts associated
with the subject project in accordance with the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources and
the U.S. Army Corps of Engineers dated November 4, 1998. Based on information
supplied by you in a letter dated March 26, 2001, an application requesting
authorization to impact 297 linear feet of stream has been submitted for the subject
project. The NCWRP will provide mitigation as specified in the 401 Water Quality
Certification and/or Section 404 permit (up to 594 linear feet of stream restoration)
for impacts associated with the subject project in Cataloging Unit 03050101 of the
Catawba River basin.
If you have any questions or need additional information, please contact
Crystal Braswell at [phone].
Sincerely,
REF/cvb
cc: Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
John Colwell, MRO
file

Ronald E. Ferrell,
Program Manager
NCOENR
Customer Service Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7738
? 'F?' %
May 30, 2001
Mr. Steve Chapin
US Army Corps of Engineers
Asheville Field Office
151 Patton Avenue
Asheville, North Carolina 28801
Mr. John Dorney
NC Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
yt?,+? ?s
.r. r v .Nr
l ? ?..M `6 1
NEWKIRK
ENVIRONMENTAL, INC
Re: Nationwide 39 Permit Application
Aii-Park West, Sam Wilson Road
Mecklenburg County, NC -17
Dear Sirs:
Enclosed for your review is a permit application for an industrial park located in
Mecklenburg County, NC. The following are also enclosed as supporting documents and
information for the application:
1) Authorization letter for Agent
2) Wetland Delineation Map with US Army Corps of Engineers verification
3) Photographs of the intermittent stream channel proposed to be impacted
4) Threatened and Endangered Species Assessment dated May 30, 2001
5) 8.5 X 11" plan drawings including wetland impacts
6) Application fee for DWQ
Please do not hesitate to call to discuss this application or if you have any questions.
Sincerely,
r ?-
acv
R. Clement Riddle
Project Biologist
enclosures
cc: Bobby Zieller, Crescent Resources
Brad Cardwell, ColeJenest & Stone
Charleston, SC Office Hendersonville, NC Office
192 East Bay Street 300 North Main Street
Suite 201 Suite 205
Charleston, SC 29401 Hendersonville, NC 28792
[phone] [phone]
Facsimile: [phone] Facsimile: [phone]
E-Mail: NeA-irkEn% ao1.c om E-Mail: NewkirkNCCLaoka»n
PAYMENT
_ RECEIVED
17 U
r;

Savannah, GA Office
340 Eisenhm%cr Drive
Building 200, Suite 201
Savannah, GA 31406
[phone]
Facsimile: [phone]
E-Anil: Nc%vkirkGArraol.unn
X
Office Use Only' 0 -1 7 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: Crescent Resources
Mailing Address: c/o Bobby Zieller
400 S Tryon Street Charlotte NC 29201-1003
Telephone Number: 704/382-8009 Fax Number: 704/382-6385
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Clement Riddle
Company Affiliation: Newkirk Environmental Inc.
Mailing Address: 300 North Main Street Suite 205, Hendersonville NC 28793
Telephone Number: 828/698-0091 Fax Number: 828/698-0255
E-mail Address: Clement a newkirkenv com
Rig 3 of 12
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: Sam Wilson Road
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 055-554-10
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
The site is bordered to the west by Sam Wilson Road approximately several hundred feet
north of Wilkinson Boulevard.
5. Site coordinates, if available (UTM or Lat/Long): 035° 14' 42.5" N 080° 59' 07.5" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Upland hardwood forest and kudzu field The site is currently zoned industrial.
7. Property size (acres): 62
8. Nearest body of water (stream/river/sound/ocean/lake): Paw Creek
9. 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:%/1i2o.enr_stjte_nc__us/admin/nIai)s%.)
Page 4 of 12
10. Describe the purpose of the proposed work: The property owner and applicant Crescent
Resources Inc plans to construct five buildings with 750,000 square feet of warehouse
distributions ace.
11. List the type of equipment to be used to construct the project: Typical construction
equipment (bulldozer, backhoe etc )
12. Describe the land use in the vicinity of this project: The site is zone industrial development
and is located in an area with other commercial/industrial developments. There is a
residential development located to the southeast of the project site
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.
USACE Wetland Verification - USACE Action ID 200130277
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional permits are expected in the future
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 5 of 12
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetl-,utd***

* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized cneanng, grading, 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
ut:nttrr.;!wt ?w.lenst.ctov.
online
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Strewn Impact
Site Number
(Indicate on ma)
Type of Impact* Lengtlt of
Impact
(linear feet)
Stream Name** Average Widtlt
of Stream
Before Impact Perennial or
Intermittent?
(Pleasespecify)
1 Fill for Dam 82 UT to Paw Creek 5 feet Inteplit nt
2 Flooded 3.30 UT to Paw Creek 5 feet Into nttent
3 Fill 211 UT to Paw Creek 5 feet I ent ?+
4 Fill 108 UT to Paw Creek 5 feet Unimportant Intermittent

" List each impact separately and identify temporary impacts. impacts include, nut are not umucu ro: cd,vcru dr,u -F-j"
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
S 1 t ?m •t sites also allow direct download and printing of USGS naps (e.g., wv,?y_to1?i, .Dii:gDib
Pde-
ur .-_
un c c , ......
«:y„.m?ipquest,cnm, etc.). `n1 J ?? ? ? I ( ??? 3 I
Page 6 of 12
J
?66G1 - 3?(??
Cumulative impacts (linear distance in feet) to all streams on site: 741
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
p le)
Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.)

* List each impact separately and identify temporary impacts. impacts ntciuue, but are not lliunea to: nu, exuavuuu,t, LuuUpilb,
flooding, drainage, bulkheads, etc.
4. Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ® stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Earthen Dam with draw down valve and emergency
spillway
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Purpose of the Pond is to meet NCDWQ requirements
for stormwater detention
Size of watershed draining to pond: approximately 65 acres Expected pond surface
area: approximately I acre
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached.
Page 7 of 12
Nationwide 39 Permit Application
AirPark West
VII. Impact Justification (Avoidance and Minimization)
Impacts to this channel are necessary to provide an access road into the site and allow
necessary room for building alignments, required parking, and stormwater detention.
This development is consistent with the Westside (Of Mecklenburg) Strategic Zoning
Plan. The site is serviced by I-85 and future I-485 within two miles. Site topography
provided a large challenge. In order to balance the site and maintain acceptable gradients
on roadways approximately 700,000 cy of dirt will be moved. The end product will
provide stepped floor elevation of buildings and acceptable slopes for roadways. The
typical building footprint for warehouse distribution buildings is 200 feet wide by 750
feet long. Added to the building with is another 210 feet for required parking. The
relatively large building footprints and earthwork provided a great challenge for this site.
In addition Charlotte Mecklenburg Planning Committee attached several site conditions:
• A public loop road for Charlotte Area Transit Service (CATS) access
• A parcel of land in the southwest corner of the site is reserved for CATS to be
converted into a transit stop
• Internal buildings were directed to be rear-loaded
• External buildings were directed to be front-loaded
• Entrances to the park are dictated in part due to minimum standards from the NC
DOT.
A pre-application site visit was conducted with Mr. Steve Chapin, US Army Corps of
Engineers on November 14, 2000 and with Mr. Pete Caldwell on November 16, 2000.
The purpose of these meetings was to discuss the proposed preliminary site plan dated
November 10, 2000 (meeting minutes attached). Both Mr. Chapin and Mr. Caldwell
indicated that the project impacts would be more likely to be approved if we could reduce
impacts by using half-pipes or retaining walls. In addition, during these meetings the
intermittent stream was evaluated and the beginning point where the stream becomes
"biologically important" was agreed upon and is shown on the permit figures. Mr.
Chapin indicated that impacts that result from flooding would not count towards the 300
linear foot individual permit threshold. Mr. Caldwell added that impacts resulting from
this flooding impact would not require mitigation.
Following the meeting the site plan was finalized and the stream impacts were reduced.
This includes an approximately 15 percent reduction to the building square footage and
includes avoiding and preserving 334 linear feet of wetlands/waters by using a 510 linear
foot vertical retaining wall. The preserved stream will be protected by a 25-foot
vegetated buffer.
Compensatory mitigation for impacts to approximately 293 linear feet of "important"
intermittent stream channel is proposed through appropriate contributions to the NC
Wetlands restoration program as per guidance in the Public Notice regarding mitigation
options (approval attached).
November 14, 2000
MEMORANDUM
To: File
From: Parker
Re: 2163 - Sam Wilson Road Property Master Planning and Rezoning
I had a meeting on site with Steve Chapin, US Army Corp of Engineers (USACOE), Bobby Zeiller, Crescent
Resources, Inc., Clement Riddle and Derrick Myers with Newkirk Environmental, Inc. (NEI) on November 14, 2000,
to observe a stream delineated by NEI. This is the only regulated stream on this site. The purpose of the meeting
was to verify and discuss where the stream becomes part of jurisdictional thresholds counted by the USACOE.
The following is a summary of our discussion:
We walked from a gravel parking area off of Sam Wilson Road down to the stream. Flagging by NEI was located
and Chapin dug a test hole in the streambed about 30' upstream of the flag marked "A45". Chapin agreed with the
delineation by NEI. A short discussion concerning the point where the stream becomes jurisdictional took place.
Riddle and Chapin agreed that the stream becomes "important" (jurisdictional) about 100' downstream of flag A45.
We walked downstream approximately 100' and Chapin dug another test hole in the streambed. He agreed that
the stream becomes "important" in the area Riddle had indicated at flag location A41.
Zeiller asked Chapin some questions regarding permitting the site. Chapin responded by saying we would be in a
lengthy process if we impact over 300' of stream. He went on to suggest that it would be difficult to prove the site
could not be modified to avoid and minimize the impacts to the relatively small amount of stream on the site.
Chapin did mention that he would not count the bottom of the wet pond against the threshold of 300' of important
stream impacts. He said he would count the dam impacts, the road crossing if piped and any other encroachment
into the stream, but not the flooding by the wet pond. Riddle agreed with Chapin saying the process is long and it
would be difficult to permit impacting more than 300ft. Zeiller asked a couple more questions regarding mitigation,
and whether or not it had to take place in the same watershed basin. We briefly discussed some options in
reducing the impacts to the stream including using the road as the dam and also using a bottomless culvert (arch
span). Retaining walls were also mentioned.
We left the stream and went back to the parking area where we again briefly discussed some of the options for
reducing stream impacts. Riddle told Chapin he would have the stream surveyed and would send him a map for
final verification.
Parker
tls
cc: Mr. Steve Chapin - USACOE
Mr. Robert H. Zeiller- CRI
Mr. Clement Riddle - NEI
Mr. Derrick Myers - NEI
Mr. Michael S. Cole, ASLA - CJS
Mr. Dudley D. Stone, PE - CJS
Mr. Bradley D. Cardwell - CJS
M:Trojecl Files121630000\Memo\1114m to file, site meeling.doc
NEWKIRK
ENViROMIENTAL, INC
MEMORANDUM
Date: November 22, 2000
To: File
From: R. Clement Riddle
Re: 2163 - Sam Wilson Road Property Master Plan and Environmental Permitting
On November 16, 2000 at 10:00 am we had a meeting; on site to observe a stream delineated by Newkirk
Environmental, Inc. (NEI). The purpose of the meeting; was to verify and discuss permitting aspects with Mr. Pete
Caldwell of the N.C. Division of Water Quality, Morresville field office
Attendees:
Mr. Pete Caldwell - NCDWQ
Mr. Robert H. Zieller - CRI
Mr. R. Clement Riddle - NEI
Mr. Derrick Myers - NEI
The following; is a summary of our discussion:
Mr. Zieller asked Mr. Caldwell some questions regarding permitting the site. Mr. Caldwell responded by saying; we
would be in a lengthy process if we impact over 300' of stream. His comments were similar to the Corps with
regards to the difficulty in proving the site could not be modified to avoid and minimize the impacts to the
relatively small amount of stream on the site. Mr. Caldwell did mention that impacts to the stream as a result of the
wet pond (flooding) do not require mitigation. He said lie would count the dam impacts, the road crossing if piped
and any other encroachment into the stream, but not the flooding by the wet pond. Mr. Zieller asked a couple more
questions regarding mitigation, whether or not it had to take place in the same watershed basin. We briefly
discussed some options in reducing the impacts to the stream. One option discussed was using the road as the dam.
Another was using a bottomless culvert (arch span). Retaining walls were mentioned. Mr. Caldwell also suggested
incorporating wetlands into the stormwater pond to provide the best water quality measures. He understood that
extensive wetlands in the pond might not be feasible due available space. Mr. Caldwell also pointed out that
several areas in the state have stream buffer rules and that in his opinion we should try and provide some buffer
measures on either side of the avoided stream if possible
Mr. Zeiller left the site at this time and we accompanied Mr. Caldwell to the stream. We walked from a gravel
parking area off of Sam Wilson Road down to the jurisdictional stream flagged by Newkirk and verified by the
Corps of Engineers. Mr. Caldwell surveyed portions of the stream with a dip net. Mr. Caldwell indicated that the
stream becomes biologically important at approximately flag A41, approximately the same location that the G.S.
anny Corps of Engineers identified during their site visit on November 14, 2000 and that mitigation would be
required for fill impacts below this point. Mr. Caldwell was interested in the timeline for constructing this project.
told him that I was uncertain when this project would move forward. The meeting concluded at approximately
1 1:OOpm.
Charles@Sl, SC 11 Attendees
CE
192 East Bay Street
Suite 201
Charleston, SC 29401
[phone]
Facsimile. [phone]
E-Mail: NcwkirkEnv?EzaoLann
Hendersonville, NC Office
300 North Main Street
Suite 205
Hendersonville, NC 28792
[phone]
Facsimile: [phone]
E-Mail: [e-mail]
Savannah, GA Office
340 Eisenhower Drive
Building 200, Suite 201
Savannah, GA 31406
[phone]
Facsimile. [phone]
Entail: NcwkirkGA«aol.com
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
littp:/JC(c) e.nr.state: nc usincwetlands/strnigide..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.
Contribute to NCWRP for impacts to 293 feet of "important" linear stream at a 1:1 ratio.
NCWRP letter of approval dated April 16, 2001 is attached.
Avoid and preserve 334 linear feet of stream by constructing a 510 linear foot vertical
retaining wall These 334 linear feet of stream will be enhanced with a 25-foot vegetated
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at I?.th:(2u,e..c.. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): 293
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 9 of 12

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
XI. Stormwater (DWQ Only)
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 site is currently vegetated and almost entirely pervious Proposed impervious area is
approximately 55 acres A stormwater wet detention pond is proposed on-site. This pond will
be designed using the NC Stormwater Best Management Practices 1999 manual to meet the
NCDWQ stormwater detention guidelines
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Crescent Resources will construct a sewer line from the project to an existing sewer line that
parallels Wilkinson Boulevard The proposed sewer line does not impact jurisdictional areas.
Page 10 of 12
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
S/3o
of
Date
Applicant/Ag is Signature
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineer s Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Clierokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graliain Madison Stanley
Telephone: [phone] Caldwell Haywood McDoNvell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Arnry Corps Of Engineers Allegliany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Gnuiville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Waslungton Regulatory Field Office Beaufort Currituck Jones Pitt
US Arnry Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Waslungton
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Page I I of 12
p •
Telephone: [phone]
399 Chowan
Craven Hertford
Hyde Pasquotank
Perquimans *Croatan National Forest Only
Fax: [phone]
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladcn Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Waslungton
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Allegliany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Teleplone: [phone] Burke Sum'
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
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Yo: Clement Riddle -Newkirk Environmental
From: Bobby Zeiller
Date_ May 21, 2001
Re: 65t acre business park known as Air Park West, located; on
Sam Wilson Road, Charlotte, NC
On behalf of Crescent Resources, LLC you are hereby authorized to act
as special agent for Crescent Resources, LLC pertaining to all wetlands
permitting matters on the above-referenced project.
NN A r?9Qc
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
Mr. R. Clement Riddle
Newkirk Environmental Inc.
300 North Main Street, Suite 205
Hendersonville, North Carolina 28792
Dear Mr. Riddle:
Subject: Project Name: Sam Wilson Rd. Development
DWQ #:
COE #:
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for stream impacts associated
with the subject project in accordance with the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources and
the U.S. Army Corps of Engineers dated November 4, 1998. Based on information
supplied by you in a letter dated March 26, 2001, an application requesting
authorization to impact 297 linear feet of stream has been submitted for the subject
project. The NCWRP will provide mitigation as specified in the 401 Water Quality
Certification and/or Section 404 permit (up to 594 linear feet of stream restoration)
for impacts associated with the subject project in Cataloging Unit 03050101 of the
Catawba River basin.
If you have any questions or need additional information, please contact
Crystal Braswell at [phone].
Sincerely,
V7
A
NCDENR
Customer Service
REF/cvb
cc: Rob Ridings, Wetlands/401 Unit
Steve Chapin, USACOE
John Colwell, MRO
file
April 16, 2001

Ronald E. Ferrell,
Program Manager
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7748

STATE
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
April 20, 2001
R. Clement Riddle
Newkirk Environmental, Inc.
300 north Main Street, Suite 205
Hendersonville, NC 28792
Division of Archives and History
Jeffrey J. Crow, Director
Re: Sam Wilson Road Property, Charlotte, Mecklenburg County, ER 01-9209
Dear Mr. Riddle:
Thank you for your letter of March 26, 2001, concerning the above project.
We have conducted a review of the project and are aware of no properties of architectural, historic,
or archaeological significance, which would be affected by the project. 'T'herefore, we have no
comment on the project as currently proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act
and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106
codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above
comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763.
Sincerely,
David Brook
Deputy State Historic Preservation Officer
DB:kgc
Location Mailing Address
Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617
Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613
Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618
Telephone/Fax
[phone] 9733-8653
(919)733-657.715-4801
[phone] •715-4801

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Threatened and Endangered Species Assessment
for the
Sam Wilson Road Site
Mecldenburg County, North Carolina
May 30, 2001
Prepared by:
Newkirk Environmental, Inc.
300 N. Main St. Suite 205
Hendersonville, NC 28792

EL
V
Threatened and Endangered Species Assessment
for the
Sam Nilson Road Site
Nlecklenburg County, North Carolina
May 30, 2001
1.0 Introduction
The following report details methods used and an assessment of survey results for a
threatened and endangered (T&E) species survey and habitat assessment for the
approximately 70-acre Sam Wilson Road Site. The T&E species survey was conducted to
determine the occurrence of or the potential for animal and plant species listed as federally
threatened or endangered to exist on the proposed site. Completion of this survey was
directed by and complies with current state and federal regulations [Federal Endangered
Species Act of 1973 (16 USC 1531-1543) and the North Carolina Endangered Species Act
(N.C.G.S. Sect. 113 article 25) and North Carolina Plant Protection and Conservation Act
of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22)].
The referenced site is bordered to the west by Sam Wilson Road and is located north of
Wilkinson Boulevard in Mecklenburg County, North Carolina (Figure 1). The site is
bordered to the east by Laine Road and to the north by Bedforde Road. Access to the site is
available from Sam Wilson Road.
2.0 Methodology
A preliminary protected species survey was conducted on the Sam Wilson Road site on
March 27, 2001, by Newkirk Environmental, Inc. to determine potential for occurrences of
animal and plant species listed as endangered or threatened by current Federal and State
regulations.
Recent correspondence solicited from The North Carolina Natural Heritage Program dated
April 3, 2001, and the United States Fish and Wildlife Service (USFWS) dated April 12,
2001, provided existing data concerning the presence or potential occurrence of threatened
or endangered species in Mecklenburg County, North Carolina (Appendix A). The USFWS
lists the following three Federally endangered plant species, one Federally endangered
mussel, and a Federally threatened bird as occurring in Mecklenburg County:
Common Name Scientific Name Status
Michaux's sumac Rhus nnchauxii Endangered
smooth coneflower Echinacea laevigala Endangered
Schweintz's sunflower Helianthus schireinitzii Endan lered
Carolina heels litter Lasmigona decorata Endangered
bald eagle Haliaeelus leucoce hahis Threatened

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Figure 1
Sam Wilson Road Site
Mecklenburg County USGS Topographic Map
North Carolina Charlotte West Quadrangle
I" = 1,600'

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As noted, NCDENR has no documentation of any rare, threatened or endangered species or
high quality natural habitats within the referenced tract (Appendix A). NCDENR also notes
that their records are not deemed to be complete and should not be assumed to be
comprehensive. Therefore, field surveys should be conducted for thorough evaluations.
The species listed above were included in the surveys and assessment.
The protected species audit consisted of a pedestrian survey by Newkirk Environmental Inc.
staff. During field surveys, site habitats were identified and compared with recognized
habitats for each of the four species potentially occurring in Mecklenburg County. Potential
flora and fauna were identified to the taxonomic unit level necessary to determine if the
observed specimen was a protected species.
3.0 Habitat Classification
During our site visits on March 27, 2001 three primary habitats were found: upland
harc&ood, kudzu field, and intermittent stream bed and bank were observed on the
property (Figure 2). The following is a description of each of the habitat types observed on
the referenced site and its likelihood to harbor or support listed species.
3.1 Upland Hardwood
The upland hardwood conununity covers a large portion of the upland area found
on-site. The tree species observed in the canopy layer include yellow poplar
(Llriodendron tulipifera), black cherry (Primus serotina), eastern red cedar
(Juniperus virginiana), white mulberry (Mores alba), sweetgum (Liquidambar
styraciua), red maple (Ater rubruni), northern red oak (Ouerctus rubra), loblolly
pine (Pines laeda), and scattered Virginia pine (Pines virginiana).
The midstory of this habitat was dominated by saplings of the above species and
included American holly (Ilex opaca). Species observed in the herbaceous layer
included Virginia creeper (Parthenocisstus quinquefolia), Christmas fern
(Polystichrnn acrostichoides), blackberry (Rubes sp.) poison ivy (Toxicodendron
radicans), and Japanese honeysuckle (Lonicera japonica). The density of the
vegetation in this habitat is not suitable for any of the listed species.
3.2 Open Kudzu Field
This habitat is located just east of Sam Wilson Road and extends through the middle
of the property. The dominant species, which covers nearly ninety-five percent of
this community, is kudzu (Pueraria lobata). The remaining area is covered by
scattered trees that have projected through the kudzu layer. The tree species that do
occur are sweet gum and yellow poplar. The density of the herbaceous layer in this
habitat is not suitable for any of the listed species.
3.3 Bed and Banks of an Intermittent Stream
This freshwater habitat includes the stream bed and bank of an intermittent stream
found on the site. Permanently rooted aquatic plants are practically non-existent in
this channel. The intermittent stream is incised and is bordered by the upland
hardwood habitat described above. The water flow in this intermittent stream is very
F I
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Project No: 03-024
-?? 300 North Main Street, Suite 201
NEWKIRK Hendersonville, North Carolina 28792 Date. 3-28-01
b,,%uoNmLNTAL.1w 828-698-0091/828-698-0255 Fax Prepared B : MDM
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weak and is limited to the lower portions. Suitable habitat for protected species was
not observed on the intermittent streambeds or surrounding banks.
3.4 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Mecklenburg
County Soil Survey, Map 6, for the Sam Wilson Road site include: Cecil (CeB2)
sandy clay loam (2-8 percent slopes) soil which is strongly acidic or very strongly
acidic and well drained, Cecil (CeD2) sandy clay loam (8-15 percent slopes) soil
which is strongly acidic or very strongly acidic and well drained, and Wilkes (WkD)
loam (8-15 percent slopes) soil which is slightly acidic to mildly alkaline and is well
drained.
4.0 Listed Species and Acknowledged Habitats
The following is a brief description of each listed species included in the survey, its
recognized habitat and comments regarding survey results for that species:
4.1 Michaux's sumac, Federally listed as an endangered species, is found in sandy
or rocky, open woods in association with basic soils, usually on ridges that
have been disturbed through clearing. Flowering period: June. Apparently,
this plant survives best in areas where sonic form of disturbance has provided
an open area. Eleven of the plant's 16 remaining populations are on highway
rights-of-way, roadsides, or on the edges of artificially maintained clearings.
Two other populations are in areas with periodic fires, and two more
populations exist on sites undergoing natural succession. One population is
situated in a natural opening on the rim of a Carolina Bay. The preferred soil
of this species is circumneutral. The Sam Wilson Road Site has medium
acidic to very strongly acidic soil that is not suitable for Michaux's sumac.
The dense population of overstory and understory vegetation was not suitable
for this species.
4.2 Smooth coneflower, federally listed as an endangered species, is a rare plant
found in meadows, open woods, cedar barrens, roadsides, clearcuts, dry
limestone bluffs, and power line rights-of-way, usually on magnesium and
calcium-rich soils associated with limestone (in Virginia), gabbro (in North
Carolina and Virginia), diabase (in North Carolina and South Carolina), and
marble (in South Carolina and Georgia). Optimal sites are characterized by
abundant sunlight and little competition in the herbaceous layer (Gaddy 1991).
Natural fires, as well as large herbivores, are part of the history of the vegetation
in tlvs species' range; many of the associated herbs are also cormophytic, sun-
loving species, which depend on periodic disturbances to reduce the shade and
competition of woody plants (Kral 1983 and Gaddy 1991). The soil types and
dense population of overstory and understory vegetation are not suitable for
this species.
4.3 ScliNveinitz's sunflower, Federally listed as an endangered species, thrives in
full sun characteristic of successional fields and edges of upland woods on
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moist to dryish clays, clay-loams, or sandy clay-loams that often have a high
gravel content and are moderately podzolized. The underlying rock types are
highly weatherable, generally contain low amounts of resistant minerals such as
quartz, and generally weather to fine-textured soils. Schweinitz's sunflower
usually grows in open habitats not typical of the current general landscape in the
piedmont of the Carolinas. Some of the associated species, many of which are
also rare, have affinities to glade and prairie habitats of the Midwest. Other
species are associated with fire-maintained sandhills and savannas of the
Atlantic Coastal Plain and piedmont. The habitat of this sunflower tends to be
dominated by members of the aster, pea, and grass families, an association
emphasizing affinities of the habitat to both longleaf pine-dominated sandhills
and savannas of the southeastern coastal plain and to glades, barrens, and
prairies of the Midwest and Plains (Weakley and Houk, 1992). Flowering
period: Sept.-Oct. Suitable habitat for this species was not found and no
® Schweinitz's sunflowers were observed on-site.
4.4 The Carolina heelsplitter, Federally listed as an endangered species, is a
medium sized mussel that prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with a moderate current. Historically,
the species was reported from small to large streams and rivers as well as
ponds. The "ponds" referred to in historic records are believed to have been
mill ponds on some of the smaller streams within the species' historic range
(Keferl 1991). Presently, the species is known to occur in only six small
streams and one small river and is usually found in mud, muddy sand, or
muddy gravel substrates along stable, well-shaded stream banks (Keferl and
Shelly 1988, Keferl 1991). Primary habitat is waters less than three feet deep
with soft mud, muddy sand, or sandy gravel substrate. The on-site intermittent
stream does not provide suitable habitat for the Carolina heelsplitter.
4.5 The Bald eagle, federally listed as a threatened species, requires suitable
wetland and open water areas for foraging, and undisturbed lakeshore or
coastal regions in which large trees are available for roosting and nesting.
Suitable nesting and foraging habitat for this species was not observed.
FINDINGS
The habitats observed on site, upland hardwood and kudzu field do not match
acknowledged suitable habitat for any of the species listed as potentially occurring on the
site.
The preferred habitat for the Carolina heelsplitter was also not found on the subject site.
Based upon these surveys, the small intermittent stream on site does not match the
preferred habitat for the Carolina heelsplitter due to the stream's lack of flow or ponded
areas.
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5.0 Conclusion
During completion of threatened and endangered species habitat assessments for the Sam
Wilson Road Site, no listed species were observed nor was suitable habitat for these species
observed. Based upon the available habitat, it is the opinion of Newkirk Environmental,
Inc. that federally and state protected species are not likely to be present within the site. As
such, development of the proposed Sam Wilson Road Site is not likely to cause and
adverse impact to any threatened or endangered species or potential habitat for threatened
and endangered species.
Although no threatened and endangered species were identified during this survey,
because of the transitory nature of some of the listed threatened and endangered species
and the particular flower/fruiting periods of some plants, it is possible that endangered
species populations and locations may change over time. Therefore, any potential
findings at a later date should be fully investigated and coordinated with appropriate
agencies to prevent potential adverse impacts.

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Appendix A

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
April 12, 2001
11
Mr. M. Derrick Myers
Field Biologist
Newkirk Environmental, Inc.
300 North Main Street, Suite 205
® Hendersonville, North Carolina 28792
Dear Myers:
1 Subject: Sam Wilson Road Site, Mecklenburg County, North Carolina
In your letter dated March 26, 2001, you requested our comments with regard to the subject
project. The following comments are provided in accordance with the provisions of the Fish and
Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Endangered Species. Enclosed is a list of the federally endangered and threatened species
known from Mecklenburg County, North Carolina. This list also includes species of Federal
concern that are currently under status review by the U.S. Fish and Wildlife Service which may
occur in the project impact area. In accordance with the Act it is the responsibility of the
appropriate Federal agency to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is determined
that this proposed action may adversely affect any species federally listed as endangered or
threatened, formal consultation with this office must be initiated. Thus, we recommend that if
appropriate habitat is available in the project area for any of the federally listed species included
on the enclosed list, surveys should be conducted prior to project initiation in order to determine
if any species are present.
1 Storm Water. Loss of riparian buffers and inadequately controlled storm-water run-off from
residential and other developed areas are major factors resulting in the degradation and loss of
aquatic resources. Accordingly, we recommend that you develop and implement an adequate
storm-water-control and -treatment plan and that undisturbed riparian buffers (natural vegetation)
be maintained and/or reestablished along any perennial and intermittent streams on the site.
E_
0
Vegetated riparian buffers serve as filters for contaminants, lessen storm-water velocities,
provide thermal cover, and protect stream-bank stability.
Erosion Control. Given the proximity of the project to aquatic environments, we want to
emphasize that stringent sedimentation- and erosion-control measures should be implemented
prior to ground disturbance and should be maintained throughout project construction.
Recommendations for an environmental document. The environmental document should
contain the following, if pertinent:
1. A complete analysis and comparison of the available alternatives (the build
and no-build alternatives).
2. A description of the fishery and wildlife resources within existing and required
additional rights-of-way and any areas, such as borrow areas, that may be
affected directly or indirectly by the proposed project.

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3. The acreage and description of wetlands that will be filled as a result of the
proposed project. Wetlands affected by the proposed project should be
mapped in accordance with the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. We recommend contacting the
U.S. Army Corps of Engineers to determine the need for a Section 404 Clean
Water Act permit.
4. The extent (linear feet as well as discharge) of any water courses that will be
impacted as a result of the proposed project. We are concerned about impacts
to streams and rivers. A description of any streams should include the
classification (Rosgen 1995, 1996) and a description of the biotic resources.
5. The acreage of upland habitat, by cover type, that will be eliminated because
of the proposed project.
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Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of our
staff at 828/258-3939, Ext. 227, if you have any questions. In any future correspondence
concerning this project, please reference our Log Number 4-2-01-361.
Sincerely,
Brian P. Cole
State Supervisor
LEO
Enclosure
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ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL
SPECIES OF CONCERN, MECKLENBURG COUNTY, NORTH CAROLINA
This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a
listing, for Mecklenburg County, of North Carolina's federally listed and proposed endangered,
threatened, and candidate species and Federal species of concern (for a complete list of rare species in
the state, please contact the North Carolina Natural Heritage Program). The information in this list is
compiled from a variety of sources, including field surveys, museums and herbariums, literature, and
personal communications. The North Carolina Natural Heritage Program's database is dynamic, with
new records being added and old records being revised as new information is received. Please note that
this list cannot be considered a definitive record of listed species and Federal species of concern, and it
should not be considered a substitute for field surveys.
Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or
proposed.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur.
However, projects may have effects on downstream aquatic systems in adjacent
counties.
COMMON NAME SCIENTIFIC NAME STATUS
MECKLENBURG COUNTY
Vertebrates
Carolina darter Etheostana collis collis FSC
Bald eagle Haliaeetus leucocephalus Threatened
(proposed for delisting)
Invertebrates
Carolina heelsplitter Lasmigona decorata Endangered
Carolina creekshell Villosa vaughaniana FSC
Vascular Plants
Georgia aster Aster georgianus Cl.
Tall larkspur Delphinium exaltatum FSC*
Smooth coneflower Echinacea laevigata Endangered*
Schweinitz's sunflower Helianthus schweinitzii Endangered
Virginia quillwort Isoetes virginica FSC
Heller's trefoil Lotus helleri FSC
Michaux's sumac Rhus michauxii Endangered*
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C1 A taxon under consideration for official listing for which there is sufficient information to
support listing.
April 12, 2001 Page I of 2
Mr M Tlr-rrir-lr Mvorc

FSC A Federal species of concern--a species that may or may not be listed in the future (formerly
C2 candidate species or species under consideration for listing for which there is insufficient
information to support listing).
Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records.
*Historic record - the species was last observed in the county more than 50 years ago.
**Obscure record - the date and/or location of observation is uncertain.
***Incidental/migrant record - the species was observed outside of its normal range or habitat.
****Historic record - obscure and incidental record.

April 12, 2001 Page 2 of 2
1 Population MAE - HABITAT
North Carolina
Department of Environment and Natural Resources
Division of Parks and Recreation
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Philip K. McKnclly, Director April 3, 2001
_ Mr. M. Derrick Myers
Newkirk Environmental, Inc.
300 North Main Street, Suite 205
Hendersonville, NC 28792
Subject: Sam Wilson Road Site, Charlotte, Mecklenburg County, NC
Dear Mr. Myers:
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within a mile of the site.
You may wish to check the Natural Heritage Program database website at
<www.ncsparks.net/nhp/search.litml> for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to'
contact me at 919-715-8687 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/liel
f7
C

1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us/ENR/
AN EQUAL OPPORTUNITY, AFFIRMATIVE ACTION EMPLOYER - 500.'o RECYCLED 10% POST CONSUMER PAPER
search KeSUILS
Search Criteria: Mecklenburg, All
Search Results: 40 records found.
Major Group Scientific Name Common Name
s
C
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L

L'
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J

C
vag'e L Ui -
State Federal State Global County
Status Status Rank Rank Status

cristata Star-nosed Mole -

Coastal Plain

SC
_
S2

65T2Q Historic - Mecklenburg
-
Mammal pop 1
pop
Population MAP - HABITAT
Bi
d Haliaeetus Bald Eagle E LT-PD S3B,S3N G4 Current - Mecklenburg -
r leucocephalus MAP - HABITAT
Bi
d Lanius ludovicianus Loggerhead Shrike SC - S3B,S3N G5T5 Current - Mecklenburg -
r ludovicianus MAP - HABITAT
Fish Carpiodes velifer Highfin Carpsucker SC - S2 G4G5 Current - Mecklenburg -
MAP - NABliAT
Fish Cyprinella zanema pop Santee Chub - Piedmont SR - S3 G4T3Q Obscure - Mecklenburg -
1 Population

Fish Etheostoma collis pop Carolina Darter -
central Piedmont
SR FSC
1 Population
Mollusk Alasmidonta robusta Carolina Elktoa EX -
Mollusk Lasmigona decorata Carolina Heelsplitter E LE
Mollusk Villosa delumbis Eastern Creekshell SR -
Mollusk Villosa vaughaniana Carolina Creekshell SC FSC
Insect Triaenodes marginata a caddisfly SR -
Moss Rhachithecium Budding Tortula C -
perpusillum
Vascular Anemone berlandieri Southern Anemone C -
Plant
Vascular Anemone caroliniana Prairie Anemone C -
Plant
Vascular Aster georgianus Georgia Aster T C
Plant
Vascular Aster mirabilis Piedmont Aster C -
Plant
Vascular Baptisia albescens Thin-pod White Wild SR -
Plant Indigo
Vascular Botrychium jenmanii Alabama Grape Fern SR -
Plant
Vascular Cardamine dissecta Dissected Toothwort C -
Plant
Vascular Carex projecta Necklace Sedge C -
Plant
Vascular Cirsium carolinianum Carolina Thistle C -
Plant
Vascular Delphinium exaltatum Tall Larkspur E-SC FSC
Plant
Vascular Desmodium Sessile Tick-trefoil C -
Plant sessilifolium
Vascular Dodecatheon meadia Eastern Shooting Star SR -
Plant var meadia
Vascular Echinacea laevigata Smooth Coneflower E-SC LE
Plant
Vascular Gnaphalium helleri Holler's Rabbit SR -
Plant var helleri Tobacco
Vascular Helianthus Schweinitz's Sunflower E LE
Plant schweinitzii
Vascular Hexalectris spicata Crested Coralroot SR -
Plant
Vascular Isoetes virginica Virginia Quillwort C FSC
Plant
Vascular Lotus helleri Carolina Birdfoot- C FSC
Plant trefoil
Vascular Rhus michauxii Michaux's Sumac E-SC LE
Plant
Vascular Silphium perfoliatum Northern Cup-plant SR -
Plant
Vascular Silphium Prairie Dock C -
Plant terebinthinaceum
Vascular Solidago rigida ssp Southeastern Bold SR -
Plant glabrata Goldenrod
Natural Basic Oak--Hickory
Community Forest
Mesic Mixed Hardwood
http://www.ncsparks.net/nhp/ele ments2.fm
MAP - HABITAT
S3 G3T312 Current - Mecklenburg -
MAP - HABITAT.
SX GX Historic - Mecklenburg -
MAP - HABITAT.
S1 G1 Historic - Mecklenburg
MAP_ - HABITAT
S3 G4 Current - Mecklenburg -
MAP - HABITAT
S2 G2 Current - Mecklenburg -
LIAP - HABITAT
S3 Gt Current - Mecklenburg -
MAP - HABITAT
S1S2 Gat Historic - Mecklenburg
MAP - HABITAT
S1 G4f Historic - Mecklenburg -
MAP_ - HABITAT
S1 GS Current - Mecklenburg -
MAP - HABITAT
S2 G2G3 Current - Mecklenburg
LI A P - RAB_ITA T
S2 G2G3 Current - Mecklenburg -
MAP - HABITAT
S2 G4 Historic - Mecklenburg -
MAP - HABITAT
S1 G3G4 Historic - Mecklenburg -
MAP - HABITAT
S2 G4f Historic - Mecklenburg -
MAP - HABITAT
S1 GS Historic - Mecklenburg
MAP - HABITAT
S1 GS Historic - Mecklenburg
MAP_ - HABITAT
S1 G3 Historic - Mecklenburg -
MAP - HABITAT
SH GS Historic - Mecklenburg -
MAP - HA_BLTAT
S2 GSTS Current - Mecklenburg
MAP - HABITAT
S1 G2 Current - Mecklenburg -
MAP - HABITAT
S2t G4G5T3f Current - Mecklenburg -
MAP - HABITAT
S2 G2 Current - Mecklenburg -
MAP - HASI_TAT
S2 GS Historic - Mecklenburg -
MAP - HABITAT
S1 G1 Historic - Mecklenburg -
MAP_ - HABITAI
S3 G5T3 Current - Mecklenburg -
MAP - HABITAT
S2 G2 Historic - Mecklenburg -
MAP - HABITAT
S1 GS Current - Mecklenburg -
MAP_ - HABITAT
S2 G4G5 Current - Mecklenburg -
MAP - HABITAT
S2 GST4 Historic - Mecklenburg -
MAP - HABITAT
S3 G4 Current - Mecklenburg -
MAP
3/28/01
Search Results
Page l of 2
Natural Forest (Piedmont S4 GSTS Currant - Mecklenburg -
Community Subtype) MAP
Natural Piedmont/Low Mountain SS G5 Current - Mecklenburg -
Community Alluvial Forest MAP
Natural Upland Depression S2 G3 Current - Mecklenburg -
Community Swamp Forest IfAE
Natural Xeric Hardpan Forest - - - S3 63G4 Current - Mecklenburg -
Community (1AIP
Special Wading Bird Rookery - - - S3 GS Current - Mecklenburg - fl-AP
Habitat
NC NHP database updated: January, 2001. Search performed on Wednesday, March 28, 2001 at
15:20:38 Eastern Standard Time.
Total number of searches since 01/01/01: 1810
Explanation of Codes
Do NOT bookmark this search results page, instead bookmark: www.ncsparks.net/nhp/county.html
http://www.nesparks.net/nhp/elements2.fm 3/28/01
f _7
North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
John Dorney, 401 Administrator
NC Division of Water Quality Ze
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: June 13, 2001
SUBJECT: Review of 404/401 Application for AirPark West, Sam Wilson Road,
Crescent Resources, Mecklenburg County
The applicant is requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army
Corps of Engineers and a 401 Certification from the NC Division of Water Quality.
These comments are provided in accordance with provisions of the Clean Water Act of
1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401,
as amended; 16 U.S.C. 661-667d). Impacts are proposed for 741 linear feet of
jurisdictional stream. Of this amount, 340 feet will be flooded and/or dammed.
The NCWRC continues to be concerned about the fragmentation and loss of
forested areas or woodlands as development occurs in areas near the City of Charlotte
and in or near Mecklenburg County. Communities that are designated as bird or wildlife
sanctuaries are causing harm to avian species and other wildlife by development practices
that destroy terrestrial and aquatic habitats. We appreciate the efforts to protect water
quality by providing stormwater detention and treatment. However, the NCWRC does
not encourage the utilization of existing waters or wetlands for water quality treatment
facilities.
We recommend that the stream be relocated using bioengineering methods and
that a natural forested buffer of at least 50 feet (100 feet preferred) be provided on each
side of the relocated stream channel. State or local minimum buffers must be met. The
stormwater treatment pond should be built out of the stream. If this stream is located on a
water supply watershed and if it is perennial, the buffer requirements for high-density
Mailing Address: Division of Inland Fisheries • 1721 Nhil Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
i AirPark West, Crescent Resources 2 June 13, 2001
development is 100 feet from the streambank edge. When impounding these waters, the
buffer may need to extend from the edge of the instream pond.
If stream relocation is not economically feasible or practicable, we recommend
that the wet detention facility include vegetated littoral shelves for aquatic edge habitat as
routinely required in 401 Certifications. Buttonbush, black willow, tag alder, wax myrtle
and river birch would be appropriate in this vicinity. Tag alder may not be appropriate in
nutrient sensitive watersheds. To restore biodiversity (especially avian and terrestrial
habitats) and to enhance aquatic/detritus habitats in the detention facility, we recommend
that the applicant provide for the restoration of tree and shrub species similar to those
previously found on or near the site. Native species such as wild cherry, hickory and oak
may be preferred due to structural concerns and wildlife benefits. These trees and shrubs
should be planted around and on the upper third of the detention structure, excluding the
dam. When mature, this reforested and edge habitat should restore some habitats and
functions lost through development. It should partially restore aquatic habitats, reduce
exposure of the water surface to sunlight thereby reducing thermal pollution, provide
essential summer and winter forage and habitats, and provide an aesthetically pleasing
green space that should improve property values. Walking trails (6' maximum width)
associated with this environmentally enhanced detention facility could also provide
recreational and educational benefits.
Instead of using the typical fescue grasses, the remaining portions of the structure
should be planted with warm season grasses or the following mix:
Spring/Summer Mixture, May 1 - Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30
Browntop millet 20 lbs/a Oats/wheat 120 lbs/a
Kobe lespedeza* 20 lbs/a Kobe lespedeza* 201bs/a
Amquallespedeza Ilb/a Amquallespedeza 1lb/a
Switchgrass 10 lb/a Partridge pea 10 lb/a
* On slopes less than 3:1 use Kobe lespedeza
On slopes greater than 3:1 use Orchard Grass or Weeping Love Grass
Add one of the following to the above mixture.
Purple birdsfoot 5 lbs/acre
Ladino Clover 5 lbs/acre Lime & fertilize disturbed areas according
Alfalfa 5 lbs/acre to NCRS soil test and recommendations.
(Note: Mowing should be limited to February 1 - April 1 and should only occur as needed to
prevent tree growth on the dam or other areas. Mowing on a 2-3 year schedule should suffice.)
Native trees and shrubs should be planted at a minimal rate of 100 trees per acre
on the top and upper portions of the structure and at a minimal rate of 150 per acre
around the normal water elevation and littoral shelf area. The following list of tree
species may assist in providing habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory Sumac White Oak Willow Oak Red Maple*
Swamp Chestnut Oak Viburnum Green Ash Ironwood Black Cherry
Water Oak Silky Dogwood
AirPark West, Crescent Resources
June 13, 2001
Other species may be utilized depending on site requirements and availability. Pines* should not
exceed 15% of the reforestation. Large or fast growing trees like Sycamore and Maple* * may not
be appropriate around detention facilities.
Concerning the sewer to be installed for the industrial park, we recommend the
following:
1) Where crossings are necessary, sewer lines should cross streams at right angles to minimize
impacts to riparian areas.
2) Sewer lines crossing streams should be buried in the stream bottom to maintain fish movement
upstream and downstream and prevent debris from collecting at the pipe and causing a hydrologic
change. We do not recommend installing piers in a stream channel to support a sewer line.
Directional boring under the stream is the preferred installation method.
3) An undisturbed buffer zone should be left between streams and all construction. We prefer a
natural buffer zone of at least 100 feet whenever possible to help control sedimentation, provide
shade, and maintain a travel corridor for wildlife.
4) The maintenance right-of-way should be planted with VA-70 lespedeza, Kobe lespedeza, ladino
clover, and/or partridge pea to provide food and additional habitat for wildlife.
5) If necessary, maintenance ROW areas should be mowed not more than once every 2-3 years.
Mowing should be done in February and March only to protect small game nesting later in the
year.
6) Stringent erosion control measures should be implemented where soil is disturbed and maintained
until project completion.
7) Temporary or permanent herbaceous vegetation should be planted on all bare soil within 15 days
of ground disturbing activities to provide long-tern erosion control. We prefer a "seed as you go"
strategy rather than allowing a large area to remain bare.
The above recommendations should be considered for the multiple benefits that
they can provide to the community and to the environment. Contributing a broader
diversity of habitats around detention facilities will elevate aquatic and terrestrial
biodiversity as well as provide multiple biological functions and benefits in urbanized
settings. These areas may be limited in size yet still function as small ecosystems that
can support amphibians, lizards, mammals, and birds. Initial costs for environmental
enhancement of detention structures should not be prohibitive and the long-term
maintenance costs should be reduced, as constant mowing would not be necessary in the
naturalized areas. Thank you for the opportunity to review and comment on this project.
If you have any questions regarding these comments, please contact me at 336/769-9453.
Cc: Pete Colwell, DWQ-MRO