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HomeMy WebLinkAbout20040324 Ver 1_Complete File_20040304O?O? \ NA ?41-19?G co D '< 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 January 23, 2006 DWQ Project # 04-0324 Mecklenburg County Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite# 109 Charlotte, NC.28209 Subject Property: Steele Creek Corporate Center Site APPROVAL OF STORMWATER MANAGEMENT PLAN Dear Mr. Simpson: On January 12, 2006, the Division of Water Quality (DWQ) received the revised storm water management plan prepared by your engineer, Mr. Gregory Antemann, of Carolina Wetland Services Inc. This Plan has been reviewed and satisfies the storm water management conditions of the 401 Water Quality Certification issued on October 19, 2005. The structural storm water practices as approved by DWQ as well as drainage patterns must be maintained in perpetuity. No changes to the structural storm water practices shall be made without written authorization from the Division of Water Quality. Storm water easements shall be recorded for a distance of at least 10 feet on each side of all storm water conveyances on all lots containing these structures including future access for maintenance. The storm water easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Samuel A. Aghimien at 919-733-3574. Sincerely, K/ C di B. Karoly DWQ, 401 Oversight/Express Permitting Unit CBK/Saa cc: DWQ Raleigh Regional Office USACE Asheville Regulatory Field Office DWQ Mooresville Regional Office File Copy Central Files Gregory Antemann, 5000, Nations Crossing Road, Suite# 230,Charlotte, NC. 28217 Filename: 04-0324 Steele Creek BMP Approval, 1-23-06 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733.1786/ FAX 919.733-68931 Internet: httn://h2o.enr.state.nc.us/ncwetlinds N r Carolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper O?O? V 4A T ?9pG 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 19, 2005 DWQii 04-0324 Mecklenburg County Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite 109 Charlotte, NC, 28209 SUBJECT: 11-Acre Steele Creek Corporate Center Site APPROVAI, of 401 Water Quality Certification with Additional Conditions Dear Mr. Simpson: You have our approval, in accordance with the attached conditions, to place fill 80 in 0.33 acre of wetlands in order to construct the Steele Creek Corporate Center in Mecklenburg County, as described in your revised application materials received by the Division of Water Quality on October 4, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 (GC 3402) which can be viewed on our web site at http://li2o.enr.state.nc.us/newetlands. 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 Certification replaces the one issued to you on March 15, 2004. 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 21-1 .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/newetlands ; 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. 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: 919-733-1786/ FAX 919-733-68931 Internet: http:/,l12o.cnr.st.ite.ne.us/ncwct lands NorthCarolina Al aturally An Equal Opportunity/Affirmative Action Employer- 501,6 Recycled/100% Post Consumer Paper Mr. Ben Simpson October 19, 2005 Page 2 of 3 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. 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 Pre-construction Notice 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; An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402. This applies to your modification request received October 4, 2005, in which you proposed to downsize the extended detention wetland to 0.30 acre. You must provide evidence that the proposed re-design will adequately treat stormwater runoff. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 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. 6. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AWK/cbk Attachments Mr. Ben Simpson October 19, 2005 Page 2 of 3 cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Gregory Antemann, 5000 Nations Crossing Road, Suite 230, Charlotte, NC, 28217 040324Steele(Mecklenburg)401 LETTER OF TRANSMITTAL TO Carolina Wetland Services DEC 1 3 2005 DENR WATER QUALITY c rItA' D3kNQSTOii-Si;ATERERAIX11 5000 Nations Crossing Road Suite 230 Charlotte, NC 28217 DATE 12.5.05 Igoe NO. 2565 ATTENTION Gregg Antemann RE: Steele Creek Corporate Center - Lot 3 DWQ Submittal WE ARE SENDING YOU []Shop drawings []Copy of letter ? Attached []under separate cover via []Prints QPlans []Samples []Change order ? ok?-c):3a4 SITE 00 W-A SOLUTIONS 2 3 2 0 W. Morehead Street Charlotte, NC 28208 P 704.521.9880 F 704.521.8955 www.sitesolutionspa.com the following items: []Specifications COPIES i DATE I NO. DESCRIPTION t ! 12.5.05 j DWQ Wetland Worksheet - Detention Basin Operation and Maintenance Agreement Original I i I HtSt AHL I KANSMI I I to as cnecKea oelow: [21 For approval []Approved as submitted []Resubmit copies for approval El For your use []Approved as noted []Submit _ copies for distribution QAs requested []Returned for corrections []Return corrected prints []For review and comment ? ____ REMARKS Please forward this executed form to the appropriate agencies and advise if there is more we need to do. Thanks for the help. COPYTO SIGNED: Benjamin Simpson ---- ---- -- DWO Project No DIVISION CF WATER QUALITY • 401 F--ENDED DETENTION (and POCKET) WETLAND WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name: -'r:: •. - - ''?° -' -L -??..?t -,.'? Contact Person: Phone Number: (744-) r-" i 17 -7 For projects with multiple basins, specify which basin this worksheet applies to: Permanent Pool Elevation ?? = t ft. (elevation of the orifice invert out) Temporary Pool Elevation ?." .? ft. (elevation of the outlet structure invert in) Permanent Pool Surface Area sq. ft. (water surface area at permanent pool elevation) Drainage Area a. °) ac. (on-site and off-site drainage to the basin) Impervious Area 4 , i Z' ac. (on-site and off-site drainage to the basin) Forebay Surface Area sq. ft. (at permanent pool elevation approximately 15%)* Marsh 0"-9" Surface Area , sq. ft. (at permanent pool elevation approximately 35%)* Marsh 9"-18" Surface Area t! sq. ft. (at permanent pool elevation approximately 35%)' Micro Pool Surface Area 1 ?~(. ''_ S sq. ft. (at permanent pool elevation approximately 15%)' Temporary Pool Volume cu. ft. (volume detained on top of the permanent pool) SA/DA used E . J s (surface area to drainage area ratio)' Diameter of Orifice ? in. (draw down orifice diameter) II. REQUIRED ITEMS CHECKLIST 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. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan 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 Applicants Initials ?'t^?ti- The temporary pool controls runoff from the 1 inch rain. j; j•?.-? The basin side slopes are no steeper than 3:1. bA?a. A planting plan for the marsh areas with plant species and densities is provided. Vegetation above the permanent pool elevation is specified. An emergency drain is provided to drain the basin. ^y y,r--;i The temporary pool draws down in 2 to 5 days. '-?'` ? Sediment storage is provided in the permanent pool. r"rf' ? A sediment disposal area is provided. Access is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement is provided. The drainage area (including any offsite area) is delineated on a site plan. Access is provided for maintenance. s? A? s, Plan details for the wetland are provided. Plan details for the inlet and outlet are provided. / A site specific operation and maintenance agreement, signed and notarized by the responsible party is provided (see http://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc). Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS - See pp. 19 and 20 of the NC DENR Stormwater BMP Manual, April 1999. 10% open water, 50% high marsh, 40% low marsh. Carolina Wetland Servioes Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704-527-1177 - Phone 704-527-1133 - Fax Date: December 12 2005 Project No: 2005-1226 TO: Mr. Sam Aghimien NC Division of Water Quality 2321 Crabtree Blvd Raleigh, NC 27604 LETTER OF TRANSMITTAL WE ARE SENDING YOU: ®Attached ?Under separate cover via the following items: ? Prints ® Plans ? JD Package ? Specifications ? Copy of letter ? Change order ? Wetland Survey ? Other IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE 1 8/11/2005 1 Storm Water Management Plan, O and M Plan, and Worksheet 1 3/15/04 1 Original Water Quality Certification THESE ARE TRANSMITTED as checked below: ®For approval ?Approved as submitted ?Resubmit copies for approval ?For your use ?Approved as noted ?Submit copies for distribution ?As requested ?Retumed for corrections ?Return corrected prints ?For review and comment ?For your verification and signature REMARKS: Sam, Attached is the revised SWMP, O and M Plan and sitmed worksheet for the extended detention wetland for the Steele Creek Corporate Condos Site. I have also included the original Water Quality Certification as you requested. Please call me at (704) 527-1 177 if you have any questions. Thanks. Copy to: file Sincerely, _ ;2? regory C. Antemann Principal Biologist Project Name: Steele Creek Project No. DWQ 04-0324 SUBMITTED DESIGN: 1 REQUIRED DESIGN: 1/12/2006 elevations Permanent Pool (ft) 626 Temporary Pool (ft) 627.7 1.7 ft. depth ok areas Permanent Pool SA (sq ft) 9327 10429 sq. ft. checksurfac Drainage Area (ac) 6.89 Impervious Area (ac) 5.72 83.0 % - Forebay (fU) 1423 15.256781 % ok High Marsh (ft2) 3241 34.7 % ok Low Marsh (ft2) 3240 34.7 % ok Micropool (f12) 1423 15.256781 % ok 100 % volumes Temporary Pool (cu ft) 29228 19938 cu. ft. ok other parameters SA/DA 1.02 3.47 - Orifice Diameter (in) 5 0.15 cfs drawdown Design Rainfall (in) 1 2.2 day drawdown ok Linear Interpolation of Correct SAIDA * * * % Impervious Next Lowest 80 Project Impervious 83.0 Next Highest 90 0 ft. Permanent Pool Depth SA/DA from Table 3.36 3.47 3.74 WET [WETLAND] DETENTION BASIN OPERATION AND MAINTENANCE AGREENIENT [VIetland maintenance wording is bracketed. Please modify the document as appropriate.] The wet [wetland] detention basin system is defined as the wet [wetland] detention basin, pretreatment including forebays and the vegetated filter if one is provided. Maintenance activities shall be performed as follows: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet [wetland] 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 [wetland] 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 [wetland] 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. ^ feet in the main pond, the sediment shall be removed. [For stormwater wetlands: If the elevation of the marsh areas exceed the permanent pool elevation, the sediment should be removed to design levels. This shall be performed by removing the upper 6 inches of soil and stockpiling it. Then the marsh area shall be excavated six inches below design elevations. Afterwards the stockpiled soil should be spread over the marsh surface. The soil should not be stockpiled for more than two weeks.] When the permanent pool depth readsfeet in the forebay [and micro-pool], the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation y, Sediment oval El. Bottom evation 75% Sediment Removal Elevation 75% ----------------------------------------- ------ Bottom Elevation _"'; " ?._': _ 25%/ FOREBAY MAIN 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. [For wetlands: Wetland planting densities in the marsh areas should be maintained by replanting bare areas as needed. Wetland plants should be encouraged to grow in the marsh areas.] 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. Pa,-,e 1 of 2 7. All components of the wet [4vetland] detention basin system shall be maintained in good working order. 8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All accumulated sediment and debris shall be removed from the structure, and a level elevation shall be maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or replanted as necessary. 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. . _ n Print name Title: Address% Phone: Signature: Date: 42,/ o I/ O ? Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been scold and a resident of the subdivision has been named the president. n / 1, a Notary Public for the StgtL- f N[Jrkl- .,T?I?rkC_County of do hereby certify at 'Ml-e-, --, personally appeared before me this /171' day of a? and acknowledge the due execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires Page 2 of 2 0? W AT ?RpG 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 Coleen H. Sullins, Deputy Director Division of Water Quality March 15, 2004 DWQ# 04-0324 Mecklenburg County Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite 109 Charlotte, NC, 28209 SUBJECT: 11-Acre Steele Creek Corporate Center Site APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Simpson: You have our approval, in accordance with the attached conditions, to place fill 80 in 0.21 acre of wetlands in order to construct the Steele Creek Corporate Center in Mecklenburg County, as described in your application received by the Division of Water Quality on March 4, 2004. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 (GC 3402) 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.f.or a new certification. If the, r 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 maybe 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 condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 2. 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. ?XDEM N. C. 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), 919-733-6393 (fax), (http://h2o.enrstate.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Mr. Ben Simpson March 15, 2004 Page 2 of 3 - 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 Pre-construction Notice 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. An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 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. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. 6. You are required to return the attached Certification of Completion form to notify DWQ when all work:included in the 401 Certification.has been completed. 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, 6714'Mait Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask'for.a'hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Gregory Antemann, 5000 Nations Crossing Road, Suite 230, Charlotte, NC, 28217 040324 Steele Condos Subject: Steele Condos From: "Gregg Antemann" <gregg@cws-inc.net> Date: Wed, 7 Dec 2005 10:59:23 -0500 To: <sam.aghimien@ncmai1.net> Sam, Please see the attachment for the Steele Creek Corporate Center Condos. Please approve this plan and attached worksheet s we can begin construction of the project. If you should have any questions please give me a call. Happy Holidays, Gregg Gregg Antemann, PWS Cr?oli>za lit/rn??Se??rces, Inc. 550 E. Westinghouse Blvd. Charlotte, NC 28273 0:704-527-1177 F:704-527-1133 M:704-408-1683 www.cws-inc.net I am using the free version of SPAMfighter for private users. It has removed 895 spam emails to date. Paying users do not have this message in their emails. Try SPAMfighter for free now! SCAN 1650_000.pdf Content-Type: application/pdf Content-Encoding: base64 Content-Type: application/pdf 2565B-Wetland Plan.pdf Content-Encoding: base64 040324Steele(Nlecklenburg).doc Content-Type: application/msword Content-Encoding: base64 1 of 1 12/7/2005 12:54 PM DWQ Project No. DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION (and POCKET`) WETLAND WORKSHEET I. PROJECT INFORMATION (please complete the following information): Project Name: STEt?LE GizeEK Cop-F6PATe Ckt4'TC--P- l?hlDoMrnflCl?Gt 5 Contact Person: 6 l9e,' e2 C1, /?,ra-rEt-tht lrJ f PIeSS Phone Number. f 7e-) 577--11'77 For projects with multiple basins, specify which basin this worksheet applies to: Permanent Pool Elevation &'L6.0 ft. (elevation of the orifice invert out) Temporary Pool Elevation 6L-7.7 ft. (elevation of the outlet structure invert in) Permanent Pool Surface Area 9 327 sq. ft. (water surface area at permanent pool elevation) Drainage Area G',3'7 ac. (on-site and off-site drainage to the basin) Impervious Area 5,1 Z ac. (on-site and off-site drainage to the basin) Fon:bay Surface Area 14'Z5 sq. ft. (at permanent pool elevation approximately 15%)' Marsh Surface Area 3241 sq. ft. (at permanent pool elevation approximately 35%)' Marsh 9%18" Surface Area 3 24? sq. ft. (at permanent pool elevation approximately 35%)' Micro Pool Surface Area i 423 sq. It. (at permanent pool elevation appmxlmately 15%)' Temporary Pool Volume Z9 t ZZ8 cu. ft. (volume detained on top of the permanent pool) SA/DA used (surface area to drainage area ratio)' Diameter of Orifice 2.5 in. (draw down orifice diameter) If. REQUIRED ITEMS CHECKLIST 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. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan 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 Applicants Initials The temporary pool controls runoff from the 1 inch rain. J1L,. The basin side slopes are no steeper than 3:1. ? A planting plan for the marsh areas with plant species and densities Is provided. w?f!se- Vegetation above the permanent pool elevation Is specified. f?='? An emergency drain is provided to drain the basin. r3/jY-? The temporary pool draws down In 2 to 5 days. 0001,11- ? Sediment storage is provided in the permanent pool. ? A sediment disposal area is provided. ? Access is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement Is provided. ? The drainage area (including any offsits area) is delineated on a site plan. ? Access is provided for maintenance. ? Plan details for the wetiand are provided. Plan details for the Inlet and outlet are provided. A site specific operation and maintenance agreement, signed and notarized by the responsible party is provided (see http:/lh2o.ehnr.state.nc.uslncwef ands/oandm.doc). ' Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS - See pp. 19 and 20 of the NC DENR Slormwater BMP Manual, April 1999.10% open water, 50% high marsh, 40% low marsh. I;B 2AZ-IZ y AOi/1A A?-X+Oti Z v ?V- -z oaA? ?zm A p N O j p A??z ?N'tpZ oov,? 5N? pAs? N?? ??Z2 OU ?p ? nm2 ', Z p l? • iYEba ? } g z F 7 a a I? L I I I I I I I I I I I I _, I - I - ? . - \? I III \\\??? I OI I' I ? 1 ?I ..JJJ p A 1 ? I I ? I i '? INI I, l i 1 I ?'_' 11 . 1 ... I I I ? 1 I ? I l I I ?,?? Y a , I I l I I I, ,,' I?1.? 9 1 j I I I ` y I I I 1 I I tnl 9 cy I ? I n I i l?; ` I I mel I c j cv ? ,-,S7 ? ?I o r I A ; I Q YIZ; I I ? X 1 ' A. 7 1 off' ?? ?yoCbC S ?1? ? ? : sal ?i ? :\\\ may; n? v ?m m j j 9 j i ' Steele Creek r r I Corporate Center 6 ? e ? _ - .A Condominiums ? i ?1 h-MW A E 12912 Virkler Drive, Charlotte„ NC ll. m f?R fy T4 L R ?a ?j gR j? L i• ? y A Y Y 9 3 =AZ-?2 !!ll yV?=U AAKO AN2U U-?2? no-'uA, oao Onlnr ANA?F O AVI `?2? n?Z< moo A_ n z a 0 O 115,4 7? pRp tl atiEir a' n I I I p OI m P l ? I n A?rl 0 f ?A1 ?^ I ?I INI of A? I I I ? I I ` ?8, a}p TS . I I I `b ? I ? +l 1 I t ? i I ? I ?I I I ?, I J 4 (I ?] NRI I I T, I ` U ]0 I ? I ? I O U3 7U A , ? I ( I I v 1 N ? g J 3 ^o ? Jan ndv 1 u a ? Steele Creek a r' l 1 Corporate Center ? e e - ?• i _ Condominiums oOn, ~ "? c (? 12912 Virkler Drive, Charlotte„ NC 1 v+T 3 :,? ireie ( Subject: Steele Condos From: "Gregg Antemann" <gregg@cws-inc.net> Date: Wed, 7 Dec 2005 10:59:23 -0500 To: <sam.aghimien@ncmail.net> Sam, Please see the attachment for the Steele Creek Corporate Center Condos. Please approve this plan and attached worksheet s we can begin construction of the project. If you should have any questions please give me a call. Happy Holidays, Gregg Gregg Antemann, PWS C??oli>l<r !Y/eth>z«'Serzzces, Inc. 550 E. Westinghouse Blvd. Charlotte, NC 28273 0:704-527-1177 F:704-527-1133 M:704-408-1683 www.cws-inc.net I am using the free version of SPAMfighter for private users. It has removed 895 spam emails to date. Paying users do not have this message in their emails. Try SPAMfighter for free now! SCAN1650_000.pdf Content-Type: application/pdf Content-Encoding: base64 Content-Type: application/pdf 2565B_Wctland Plan.pdf Content-Encoding: base64 040324Steele(Meclclenburg).doc Content-Type: application/msword Content-Encoding: base64 1 of 1 1/11/2006 2:11 PM I 1. DWQ Project No. t? `? ?Lr DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION (and POCKET') WETLAND WORKSHEET 1. PROJECT INFORMATION (please complete the following information): Project Name: STaI=t,a Gfttey- coizFb_+TE Gt?,hIT--f` Got-tDoM?titlCJiNS Contact Person: 9e!.,e,6 r_ AN-r SmA, 0 , Pf 5 Phone Number f 7e-) 57--'7- 11'77 For projects with multiple basins, specify which basin this worksheet applies to: Permanent Pool Elevation 62'6.0 ft. (elevation of the orifice invert out) Temporary Pool Elevation 622.7.7 ft. (elevation of the outlet structure Invert In) Permanent Pool Surface Area q 327 sq. ft. (water surface area at permanent pool elevation) Drainage Area Co. W7 ac. (on-site and off-site drainage to the basin) Impervious Area 5.1 Z ac. (on-site and off-site drainage to the basin) Forebay Surface Area 14 23 sq. ft. (at permanent pool elevation approximately 15%)' Marsh 0'-9' Surface Area 3241 sq, ft. (at permanent pool elevation approximately 35%)' Marsh 97-18' Surface Area 3 Z4h sq. ft. (at permanent pool elevation approximately 35%)' Micro Pool Surface Area i 423 sq, ft. (al permanent pool elevation approximately 15%)• Temporary Pool Volume Z? t ZZ$ cu. ft. (volume detained on top of the permanent pool) SAIDA used (surface area to drainage area ratio)' Diameter of Orifice 2 . S In. (draw down orifice diameter) II. REQUIRED ITEMS CHECKLIST 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. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan 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 Applicants Inilials The temporary pool controls runoff from the 1 inch rain. J%f2::f The basin side slopes are no steeper than 3:1. .Ed&d? A planting plan for the marsh areas with plant species and densities is provided. fivtr? Vegetation above the permanent pool elevation Is specified. wl= An emergency drain is provided to drain the basin. M; --? The temporary pool draws down In 2 to 5 days. ? Sediment storage is provided In the permanent pool. ? A sediment disposal area is provided. ? Access Is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement Is provided. ? The drainage area (including any offsite area) Is delineated on a site plan. ? Access is provided for maintenance. ? Plan details for the wetland are provided. Plan details for the Inlet and outlet are provided. A site specific operation and maintenance agreement, signed and notarized by the responsible party is provided (see http:n2o.ehnr.state.nc.us/ncwetlands/oandm.doc). Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS- See pp. 19 and 20 of the NC DENR Stormwater BMP Manual, April 1999.10% open water, 50% high marsh, 40% low marsh. r V DWQ Project No.^? 1-+- DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION (and POCKET') WETLAND WORKSHEET I. PROJECT INFORMATION (please complete the following information): Project Name: 6-raf l.E C'F-eeK COKFbPATE. Cot41-CR lit-?DoNtiN?tJittS Contact Person: G, /?,?a-r-Et-lhIJ?JFP[rSS Phone Number. (7!{-) 67--'7-11-77 For projects with multiple basins, specify which basin this worksheet applies to: Permanent Pool Elevation 67.6.0 ft. (elevation of the orifice invert out) Temporary Pool Elevation 67_7.7 ft. (elevation of the outlet structure Invert In) Permanent Pool Surface Area 9 327 sq. ft. (water surface area at permanent pool elevation) Drainage Area G',3'7 ac. (on-site and off-site drainage to the basin) Impervious Area 5.17, ac. (on-site and off-site drainage to the basin) Forebay Surface Area 14 Z$ sq, ft. (at permanent pool elevation approximately 15%)' Marsh 0°-9' Surface Area 3241 sq. ft. (at permanent pool elevation approximately 35%)' Marsh 9%18' Surface Area sq. ft. (at permanent pool elevation approximately 35%)' Micro Pool Surface Area 1423 sq. ft. (at permanent pool elevation approximately 15%)' Temporary Pool Volume Zq t2Z8 cu. ft. (volume detained on lop of the permanent pool) SA/DA used (surface area to drainage area ratio)' Diameter of Orifice Z. S in. (draw down orifice diameter) 11. REQUIRED ITEMS CHECKLIST 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. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan 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 - Applicants Initials The temporary pool controls runoff from the 1 inch rain. The basin side slopes are no steeper than 3:1. A planting plan for the marsh areas with plant species and densities Is provided. t?? Vegetallon above the permanent pool elevation Is specified. i An emergency drain is provided to drain the basin. a?Y--? The temporary pool draws down In 2 to 5 days. Sediment storage is provided in the permanent pool. ? A sediment disposal area is provided. ? Access is provided for maintenance. A site specific, signed and notarized operation and maintenance agreement is provided. ? The drainage area (including any offsite area) is delineated on a site plan. r' ? Access is provided for maintenance. ? Plan details for the wetland are provided. Plan details for the inlet and outlet are provided. A site specific operation and maintenance agreement, signed and notarized by the responsible party Is provided (see http://h2o.ehnr.state.nc.uslncweUands/oandm.doc). ' Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS - See pp. 19 and 20 of the NC DENR Stormwater BMP Manual, April 1999.10% open water, 50% high marsh, 40% low marsh. w Q - ,F $s Y 9 ?AiZAr' ULZ.O?. o,A7 ?Z? n v =g A?A z S ~ ? O ° A? n 2 ?z n?g 0 0 111p I : ./ 1 I I ? 'I f I I ?, 6 I - ----- - ?' } . . I, r :,II 11' - 11 I I k of A ? ?I Ir.rl of 'LI "I ,v I i I j I I i l I ' I ' I ' I I I I I I I ? I I I I ;. I I l I?I 'I' I V °" ? I k , I , I I /I l 'II'I I I ? ?? \? i III ? I , i!I I1 ?? ? 1, I , 'I = ? F I I a o c ° ? nl ? I TI c:: m I T,I ? ' f vo I m_ll ? 1 I ? 7-4- Steele Creek Corporate Center e r p• Condominiums f 1 ??_ o\ -• zti E t f E g 12912 Vrkler Drive, Charlotte„ NC cn ?r*+ ??D2p Amp 1' ? , J f I =m° Z1 c?"? I ?r 4 6-1 o ?x n° i ? ?-I R , o CLI ,II ip, N n v ?F h I; CI I I , I k 1 ab i I i I 11 li I I i ?I I? ,l ! !! i ! ! I + +I I I I ti l ?5 - o _ ?I J cn ' y, I n I ITI >I C rn I Tll I A m/ I I I I U3I ro ? ? ?I I I u? n n ?^?n ndv ? "m m q K Steele Creek r I Corporate Center ?e ? I IL s Condominiums I I 2912 Virkler Drive, Charlotte„ NC lip- 4 1 ??b8 O?O? W AT 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 19, 2005 DWQ# 04-0324 Mecklenburg County Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite 109 Charlotte, NC, 28209 SUBJECT: 11-Acre Steele Creek Corporate Center Site APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Simpson: You have our approval, in accordance with the attached conditions, to place fill 80 in 0.33 acre of wetlands in order to construct the Steele Creek Corporate Center in Mecklenburg County, as described in your revised application materials received by the Division of Water Quality on October 4, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 (GC 3402) which can be viewed on our web site at htty://h2 o.enr.state.nc.us/newetlands. 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 Certification replaces the one issued to you on March 15, 2004. 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 condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.tis/ncwetlands ; 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 Alanual. 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 Alanual. 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. 401 OversighttExpress Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786 / FAX 919.733-6893 / Internet: http:hh2o.enr.st;ite.naus'ncA,ctlands N rthCarolina ,,alurally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Bcn Simpson October 19, 2005 Page 2 of 3 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. 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 Pre-construction Notice 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. An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402. This applies to your modification request received October 4, 2005, in which you proposed to downsize the extended detention wetland to 0.30 acre. You must provide evidence that the proposed re-design will adequately treat stormwater runoff. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 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. 6. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AWK/cbk Attachments Mr. Ben Simpson October 19, 2005 Page 2 of 3 cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Gregory Antemann, 5000 Nations Crossing Road, Suite 230, Charlotte, NC, 28217 040324Steele(Mecklenburg)401 O?O? WAT ?Rp r DL G Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite 109 Charlotte, NC, 28209 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q12 @ 002-19 W LEE NOV 1 - 2005 DENR - VVATER QUALITY 1SETLANDS AND STWX,,11ATER ERANCH SUBJECT: 11-Acre Steele Creek Corporate Center Site APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Simpson: Alan W. Klimek, P.E. Director Division of Water Quality October 19, 2005 DWQ# 04-0324 Mecklenburg County You have our approval, in accordance with the attached conditions, to place fill 80 in 0.33 acre of wetlands in order to construct the Steele Creek Corporate Center in Mecklenburg County, as described in your revised application materials received by the Division of Water Quality on October 4, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 (GC 3402) which can be viewed on our web site at http://112o.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 Certification replaces the one issued to you on March 15, 2004. 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 condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at littp://h2o.enr.state.nc.us/ncwetlands ; 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. 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: 919-733-1786 /FAX 919-733-6893 / Internet h_pt !Hh2o.enr.state.nc.uslhcwetlands N?ba?etlrCarolina ,Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Ben Simpson October 19, 2005 Page 2 of 3 cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Gregory Antemann, 5000 Nations Crossing Road, Suite 230, Charlotte, NC, 28217 040324 S to ele(Mecklenburg)401 W AT ?RQG 0 ? 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 19, 2005 DWQ# 04-0324 Mecklenburg County Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite 109 Charlotte, NC, 28209 SUBJECT: 11-Acre Steele Creek Corporate Center Site APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Simpson: You have our approval, in accordance with the attached conditions, to place fill 80 in 0.33 acre of wetlands in order to construct the Steele Creek Corporate Center in Mecklenburg County, as described in your revised application materials received by the Division of Water Quality on October 4, 2005. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 (GC 3402) which can be viewed on our web site at http://112o.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 Certification replaces the one issued to you on March 15, 2004. 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 211.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at littp://h2o.enr.state.nc.us/ncwetlands ; 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. 401 Oversighl/Express Review Permits Unit ,,,n mail Service Center, Raleigh, North Carolina 27699-1650 rabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 : 919-733-17861 FAX 919-733-6893 / Internet htto://h2o.enr.state.nc.us;ilcvret]ands None Carolina Xtimally ual Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Ben Simpson October 19, 2005 Page 2 of 3 cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Gregory Antemann, 5000 Nations Crossing Road, Suite 230, Charlotte, NC, 28217 040324 Ste ele(Me cklenburg)401 OW A T ?RpG Cl) 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 Coleen H. Sullins, Deputy Director Division of Water Quality March 15, 2004 DWQ# 04-0324 Mecklenburg County Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite 109 Charlotte, NC, 28209 SUBJECT: 11-Acre Steele Creek Corporate Center Site APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Simpson: You have our approval, in accordance with the attached conditions, to place fill 80 in 0.21 acre of wetlands in order to construct the Steele Creek Corporate Center in Mecklenburg County, as described in your application received by the Division of Water Quality on March 4, 2004. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402 (GC 3402) 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 ne.wcertification. If the r 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 condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 2. 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. VAT, &C6ENR N. C. 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), (httpJih2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Mr. Ben Simpson March 15, 2004 Page 2 of 3 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 Pre-construction Notice 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. An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be approved in writing by this Office before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and designed to remove 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. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. 6. You are required to return the attached Certification of Completion form to notify DWQ when all work_included in the 401 Certification has been completed. 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, 6714`Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask fora 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 Alan Johnson in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. i AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Gregory Antemann, 5000 Nations Crossing Road, Suite 230, Charlotte, NC, 28217 040324 [, ji C?J,1\13 Carolina Wetland Services September 23, 2005 Ms. Cyndi Karoly North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Subject: Nationwide Permit Addendum Steele Creek Corporate Center Condominiums Charlotte, North Carolina CWS Project No. 2005-1162 Action ID No. 200430620 DWQ No. 04-0324 Dear Ms. Karoly: r!n RR&PIMN p D OCT 4 _ 2005 1'Ic1'U,NDSAND TOMTNATERDWCG1 Steele Creek Corporate Center, LLC is submitting an addendum to Nationwide Pen-nit (NWP) No. 39 issued for the 11-Acre Steele Creek Corporate Center Site approved on April 8, 2004 (Action ID No. 200430620, DWQ No. 04-0324). The Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection. Previous impacts associated with this project total approximately 0.21 acre of Wetland AA (Figure 1). The site plan has been redesigned to include additional buildings. The total building footprint will need to increase to allow for truck turn-around space and a fire lane in the rear of the building. Total impacts will be 0.33 acre of Wetland AA. The revised plan is included (Figure 2). Proposed mitigation under the original submittal included the construction of a 0.48 acre on-site extended detention wetland. The new site design will not accommodate a detention wetland of this size. Steele Creek Corporate Center, LLC will resize the extended detention wetland to 0.30 acre. The additional impacts will remain under the nationwide permit thresholds. Erosion control matting and proper sediment controls will be utilized to minimize disturbances to downstream waters. If you have any questions concerning this project, don't hesitate to contact Gregg Antemann at (704) 527-1177. Thank you for your attention to this matter. Sincerely, Gregg C. Antemann, PWS Principal Biologist cc: File Ms. Amanda Jones, USACE Asheville Office CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (V) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (v) 803-358-9392 (fax) Ron G. Johnson, WPIT Project Biologist CHAPEL HILL: 88 VILCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (V) 919-932-2198 (fax) WWW. CWS-INC. NET m CO c'l) w < °W U W N O V=i O Q O K S p Cl O W m oo 11 U ? < ' N O L p co N n C U Q C b a ^ i Q N a No L O p U O O Z 0 7? 41 v rnU^ T n y z r L Q .? ? d o U ? o •g?oC ? ? a. o W ^1..? m ?y C o U a 1 cn berv?? . ? s © O N (11 O O p JQz Q W 5 1 Q Q O Z z z o y p p W 0 Q o Q 2? IL > ® U C) z W CD W J a4x 6 x tea= J ? O }FV1 m OF F IS W '?iUd a v LL) N 6 N M Z VS I ?o I ?7 W N m ?aV) O:?3 LL.. z 6 vU N zv?a? FUC?w gNNN00 zzs? N } ¢1 \ m (3 < W W N Q: W ? Y N tL O Oa < p U 0 0 w m o F uJ N U < , N L o a C U O C •n i t2 i O U N CL O Q M ^ co O O •L7 N o O O o spa 10 4 CI- V) y U o Z U v T ? to b U ON N o U Q 3?z.. U o o ? ?o^ ? O P. . ? W d ? N O U p, aL Uv] U (10 yerv?? , P C ? w w. 7f eu??o>grJ O CN N S o 0 in z W Cr) J 4m S N < z y cl: c<] 6 a }FN m Q N • z SO U < "-< N 3 a vS I COI W N? L ?aNO NOI-U 6 ?U N a U7 F U U W U 5 2 Z 5 N I i II 'i it ! r _ZT i Q Q a Z 0 ° a > ?_ < z Q J I- U W Q ?co W D O > Z7 -- o zz { o U cg a C Y ?- o W .... Cl_ Z ?o ?o ? M J ui W U Q C) L"o CY) Q) o a CO 4- 0 CL X f W i Carolina Wetland Services September 23, 2005 Ms. Cyndi Karoly North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Subject: Nationwide Permit Addendum Steele Creek Corporate Center Condominiums Charlotte, North Carolina CWS Project No. 2005-1162 Action ID No. 200430620 DWQ No. 04-0324 Dear Ms. Karoly: R19@190WHO OCT 4 _ 2005 "':RMW SAIJD STORNNATER BRAnCH Steele Creek Corporate Center, LLC is submitting an addendum to Nationwide Permit (NWP) No. 39 issued for the 11-Acre Steele Creek Corporate Center Site approved on April 8, 2004 (Action ID No. 200430620, DWQ No. 04-0324). The Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection. Previous impacts associated with this project total approximately 0.21 acre of Wetland AA (Figure 1). The site plan has been redesigned to include additional buildings. The total building footprint will need to increase to allow for truck turn-around space and a fire lane in the rear of the building. Total impacts will be 0.33 acre of Wetland AA. The revised plan is included (Figure 2). Proposed mitigation under the original submittal included the construction of a 0.48 acre on-site extended detention wetland. The new site design will not accommodate a detention wetland of this size. Steele Creek Corporate Center, LLC will resize the extended detention wetland to 0.30 acre. The additional impacts will remain under the nationwide permit thresholds. Erosion control matting and proper sediment controls will be utilized to minimize disturbances to downstream waters. If you have any questions concerning this project, don't hesitate to contact Gregg Antemann at (704) 527-1177. Thank you for your attention to this matter. Sincerely, _"2? Gregg C. Antemann, PWS Principal Biologist cc: File Ms. Amanda Jones, USACE Asheville Office CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (V) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (V) 803-358-9392 (fax) Ron G. Johnson, WPIT Project Biologist CHAPEL HILL: 88 VILCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (V) 919-932-2198 (fax) WWW. CWS-INC. NET N } Cl) F K) m p W U w (W? N O W V) O i O < Q Q U O I D CD F I to < II U N U O i N a L v o ? N ro r o v c ? i v U N v ^ 0 (n U c1 o ti oN., O pv E O OZ Co o ?^ .a bcz T n L o ly O U p :j U Ua V) s "I? Cu11o?g7 <7 Q C14 N r? _© Q `/ S LS '? wd 0 Q 0 Z Z 0 F L O 0 (f) o U a D¢ K j I1 ® a Y C) Z LL.I (D W I C1 m x N G a5x U ? mUL W 'S?Sad w c,4 < V vi I ? ° 14Tj ?av°io o??o F Z } D:x 3 5 N JJ d 6v° VI ova<? Fc?c?w oSztF ? ?m M m F- \ m c'7 a W U W N s U U N lL O O Q W p p U C W O m U II - N O a L v p M y C O p C v M ^ I U ' N N a Q _ ? O N o C? 00 r U > N„ N O p u? `lo ? cn a c ? •o O ` E O Y N o c7 CA cd U ° o c Q U U N U a U) ycrv?? , N c +' ?i Uut1o'?,J -- U I L L O ?l YS g ? ? Q O O N c? c? O U--J O WmI.? 7d ?' 2 d = o V >• F rn mU? C.)a wNdm S M vI ICU F- >- V) 'i 'A 3 O to ? h- U <? $N F U w U S Z ? m ?a e zsV5 U Q E I I,l I I -. f II , ? I I ? 1 'I I l Ir I II f t' I I I `1J II Iii ?• l I..I I.I Ii Q ? a Q a °z s 0 o ? o o a Q L Z w U w J El U t? Z Q J ? U W Q co ? N W C7 0 O ?-.? IIII?I Q f (Iilll(IfF .1J 5 W N 0 o Z O ? o z q, • w? o? L 0 V y 0 o m co af 8 ? a ? m o? co ?t(J CD { W VIII ?I O? a m -0 c C1. Iti l W E0 ') 1??il{ t I W ? II II ? I ?I 4 UL + r Oa'? I ' I j in1 l ?V V? Carolina Wetland Services September 23, 2005 Ms. Cyndi Karoly North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Subject: Nationwide Permit Addendum Steele Creek Corporate Center Condominiums Charlotte, North Carolina CWS Project No. 2005-1162 Action ID No. 200430620 DWQ No. 04-0324 Dear Ms. Karoly: Steele Creek Corporate Center, LLC is submitting an addendum to Nationwide Permit (NWP) No. 39 issued for the 11-Acre Steele Creek Corporate Center Site approved on April 8, 2004 (Action ID No. 200430620, DWQ No. 04-0324). The Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection. Previous impacts associated with this project total approximately 0.21 acre of Wetland AA (Figure 1). The site plan has been redesigned to include additional buildings. The total building footprint will need to increase to allow for truck turn-around space and a fire lane in the rear of the building. Total impacts will be 0.33 acre of Wetland AA. The revised plan is included (Figure 2). Proposed mitigation under the original submittal included the construction of a 0.48 acre on-site extended detention wetland. The new site design will not accommodate a detention wetland of this size. Steele Creek Corporate Center, LLC will resize the extended detention wetland to 0.30 acre. The additional impacts will remain under the nationwide permit thresholds. Erosion control matting and proper sediment controls will be utilized to minimize disturbances to downstream waters. If you have any questions concerning this project, don't hesitate to contact Gregg Antemann at (704) 527-1177. Thank you for your attention to this matter. Sincerely, Gregg C. Antemann, PWS Principal Biologist R I k?? OCT 4 _ 2005 1h NR - WATER Ron G. Johnson, WPIT Project Biologist cc: File Ms. Amanda Jones, USACE Asheville Office CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (V) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (V) 803-358-9392 (fax) CHAPEL HILL: 88 VILCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (V) 919-932-2198 (fax) WWW. CWS-INC. NET Q\ ?? N } M] C3 "f m p Q w LJ L1 U N O F Q O Q a W = p p U O W CD O ~ N U 0 • N V) a L CD +J C O N •o M o U c ? i N E Q U N o o o E ° p -? L O p U O O Z o b ?U? ° c ? ? ? O J J p a o j 0 ? R InU O? N U U a O 41 Y s :?I ym7 C7 O N O V SIL o b 0 z W 0 W J in z 0 F Wz W 0 ® U I W a? 2 Q = L) m U N p? N W ?3ad a??rd N60 0 M M V! I ? o I L'i }< N O No'? ?_} Jr' S N Q v? VI F??W a m ZBO "AV A m ~ m ? W U W L'i N U U) O < lW1 1- 07 Q W cl p U a O W m ° ~ o U Q II I O -0 N L O N a n C o O c N •o i U N N _ N rv a v U ° N °N N O p A h o ? 4 U . . o V o O z U) f? U v inn U ct? ? u ? CN z >1 U o > 0^ C J Uo ? 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Carolina Wetland Services September 23, 2005 Ms. Cyndi Karoly North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Subject: Nationwide Permit Addendum Steele Creels Corporate Center Condominiums Charlotte, North Carolina CWS Project No. 2005-1162 Action ID No. 200430620 DWQ No. 04-0324 Dear Ms. Karoly: Steele Creek Corporate Center, LLC is submitting an addendum to Nationwide Permit (NWT) No. 39 issued for the 11-Acre Steele Creek Corporate Center Site approved on April 8, 2004 (Action ID No. 200430620, DWQ No. 04-0324). The Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection. Previous impacts associated with this project total approximately 0.21 acre of Wetland AA (Figure 1). The site plan has been redesigned to include additional buildings. The total building footprint will need to increase to allow for truck turn-around space and a fire lane in the rear of the building. Total impacts will be 0.33 acre of Wetland AA. The revised plan is included (Figure 2). Proposed mitigation under the original submittal included the construction of a 0.48 acre on-site extended detention wetland. The new site design will not accommodate a detention wetland of this size. Steele Creek Corporate Center, LLC will resize the extended detention wetland to 0.30 acre. The additional impacts will remain under the nationwide permit thresholds. Erosion control matting and proper sediment controls will be utilized to minimize disturbances to downstream waters. If you have any questions concerning this project, don't hesitate to contact Gregg Antemann at (704) 527-1177. Thank you for your attention to this matter. Sincerely, _"9? Gregg C. Antemann, PWS Principal Biologist D ???5 a ?D oc T 4 - 2005 DE6rR {1 MDST?1 glAory 'CH V? Ron G. Johnson, WPIT Project Biologist cc: File Ms. Amanda Jones, USACE Asheville Office CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (V) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (V) 803-358-9392 (fax) CHAPEL HILL: 88 VILCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (V) 919-932-2198 (fax) WWW. CWS-INC. NET Q? U') } \ co 0 m W O Ld N U W N O F- G) G Of C u w o 1 m ? C.4 ° o F- N L? II U - o N m L o a N p O U C i N a o Q c^ n Lj N o N O O o o ? Q C ) ? ? L O p U E O O Z T J o v ?c[l U U ° N N Q ? b -zi O ? o? U o ? 13 •O W a ? ? o N U a u n u n. (n cn s .?i Cu11p 1$7 O N O N 0 z w } L'i cl: o Z ?z z i,l o WW0 F- O Lo U a > IL Q 4 0 z W CD W J m =m o mQU? . Q N L4 W ? < 6 00 N<m C5, jom?l W N L: m 030 m 31? J s ?^ 6 U o l FcW>c?w U S Z 2F o2 C3 m El z? .4 . '- ? ? N r m {- r\j m U W W U U N W O O y Q W O p U W O m ° L? o F vJ U w C) O i • a L v C, Q' o c C) v b U N a q N Mg o v n o r? b CA v a N ? 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O ON I ? o ? m Y L d Lu f j O O C7 j' O a m O O ? f I X f- t?' ? ? li ll?lli W A -4 .'-t, f COS Carolina Wetland Services September 23, 2005 Ms. Cyndi Karoly North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Subject: Nationwide Permit Addendum Steele Creek Corporate Center Condominiums Charlotte, North Carolina CWS Project No. 2005-1162 Action ID No. 200430620 DWQ No. 04-0324 Dear Ms. Karoly: ?D o C T 4 _ 2005 11t flDEN SAN ST R n TE, ESRVI CH Steele Creek Corporate Center, LLC is submitting an addendum to Nationwide Permit (NWP) No. 39 issued for the 11-Acre Steele Creek Corporate Center Site approved on April 8, 2004 (Action ID No. 200430620, DWQ No. 04-0324). The Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection. Previous impacts associated with this project total approximately 0.21 acre of Wetland AA (Figure 1). The site plan has been redesigned to include additional buildings. The total building footprint will need to increase to allow for truck turn-around space and a fire lane in the rear of the building. Total impacts will be 0.33 acre of Wetland AA. The revised plan is included (Figure 2). Proposed mitigation under the original submittal included the construction of a 0.48 acre on-site extended detention wetland. The new site design will not accommodate a detention wetland of this size. Steele Creek Corporate Center, LLC will resize the extended detention wetland to 0.30 acre. The additional impacts will remain under the nationwide permit thresholds. Erosion control matting and proper sediment controls will be utilized to minimize disturbances to downstream waters. If you have any questions concerning this project, don't hesitate to contact Gregg Antemann at (704) 527-1177. Thank you for your attention to this matter. Sincerely, Gregg C. Antemann, PWS Principal Biologist cc: File Ms. Amanda Jones, USACE Asheville Office CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (V) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (V) 803-358-9392 (fax) 71?/ Ron G. Johnson, WPIT Project Biologist CHAPEL HILL: 88 VILCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (V) 919-932-2198 (fax) WWW. CWS-INC. NET V . I -04P - O C- m n r a _ f` / ' t i ? - I I I / r ?mM O J moo ';u X m q z CJ F1 C') o f r j „oo C) ao 0 m r n L7 . n D Y m r v o U) D o ?m ? z m ? cil < 8 ci am, , D ?lnrrI j ff t E5 249ft SHALLOW v rn N rn Ul -rj ? ~P c? -D C3 -u CX F0 v_o z cn G) rn v ? C Nm ?r n z my P; D D n M 4 v I FLOW ?l .D O C- m 0 r :a cn 'lORll538 Wd) -A 514 F? I INOZ 213d w-, 3d5 q -- '?o ZV53+Y rOYYA 3OG G1 5 ?4?r?554 5.. rn L4 rn Ln O 3pOft *tfer "Oy -`' O m rn LA N a o__ I ?r ,fl 80.0 E' q 3Uy FL a I i I I ?i < I ?Im oS Ip?lll ? 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' V P i o 00 n (D o C/) 3 Q w w N t K C O Q Q 00 O N F p O v J v d 1 C7 I Q ? u N o UJ cD v o in S N ° 00 1 a r V7 ...1 m O Z C O ' N 5, F1 O O O if O OT. O N f?i m > m co p 1 .C Ul ?? t Carolina Wetland Services September 23, 2005 Ms. Cyndi Karoly North Carolina Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Subject: Nationwide Permit Addendum Steele Creek Corporate Center Condominiums Charlotte, North Carolina CWS Project No. 2005-1162 Action ID No. 200430620 DWQ No. 04-0324 Dear Ms. Karoly: D toe OCT ?D 4 D DE 2005 ?1,0SR"DSjiR QUNCI>y ATFRB?°?N Steele Creek Corporate Center, LLC is submitting an addendum to Nationwide Permit (NWP) No. 39 issued for the 11-Acre Steele Creek Corporate Center Site approved on April 8, 2004 (Action ID No. 200430620, DWQ No. 04-0324). The Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection. Previous impacts associated with this project total approximately 0.21 acre of Wetland AA (Figure 1). The site plan has been redesigned to include additional buildings. The total building footprint will need to increase to allow for truck turn-around space and a fire lane in the rear of the building. Total impacts will be 0.33 acre of Wetland AA. The revised plan is included (Figure 2). Proposed mitigation under the original submittal included the construction of a 0.48 acre on-site extended detention wetland. The new site design will not accommodate a detention wetland of this size. Steele Creek Corporate Center, LLC will resize the extended detention wetland to 0.30 acre. The additional impacts will remain under the nationwide permit thresholds. Erosion control matting and proper sediment controls will be utilized to minimize disturbances to downstream waters. If you have any questions concerning this project, don't hesitate to contact Gregg Antemann at (704) 527-1177. Thank you for your attention to this matter. Sincerely, Gregg C. Antemann, PWS Principal Biologist cc: File Ms. Amanda Jones, USACE Asheville Office CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (V) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (V) 803-358-9392 (fax) 7? Ron G. Johnson, WPIT Project Biologist CHAPEL HILL: 88 VILCOM CIRCLE, SUITE 170 CHAPEL HILL, NC 27514 919-932-2197 (V) 919-932-2198 (fax) WWW. CWS-INC. NET C3 m U LLI W N U N O W rn Of O U O W m Q O F uI U A L? N N K v? O a c o b U N E N o A ?? , c" fA ? a c .o O p U E O o Z Ul o `3 b a O > oL U p U ) ED 0 0 (Z)m o g?- S GQ O z 0 cli y 0 Z Q r Q s o o w ? U d j a ? Q a Z W C.? W J ® [1 Pz-,M x:. }! W `<2 Q O mU? . Lq ?.?oa wN« d n ? 12, ?om? N x? NF U x N J a 6 ?O N Griow U S Z N ? ? r a NNN m ? C3 ZO ?l w .- L } m {- m 0 w U W m w N U U O r O Q Of W U o O W m ° o LO J II ? , N O L vj 0 Ul a N M O C O b r U a Q N M O _ Ql b h ?t CA a cL U v y ? cv N O Zi t p u C-j o cn a c O U E O °z C3 T ° ° b , a cl? C , n U N a? U ° m :O L- Q p '.O W , d c U o U N U a a LZ O Cf) n 5erv?c C P+• w 7r w ??7 vq??a w K ¢ ¢ ' 1Sa, ? y 7 0 o .ll Ll Fa- o a ® D 6 m x < x U ZO Pnn } F N N U L N M V! I ? ='C, } N ° < ZF N N `° 1-• U ?f`Z} a v CL ? N O!!? A D <? . ? m Zz?? it I f I ?i i I !i 1, ,I I 'I I I\ ? I O O z W U J ?t ------ z Q J F- -? > a U ? 0 O O O " III(I(II L ?. L Q1°'I W oC f °?1 VQ r 7 3 '+?? °' ? O O ? L C7 ?. f 0 C3 0 P . ? + -0 O i C o? CL o u' o f I UJJ ~ L O.. W11 ?:"? f I II OI?f M O i I I1-Acre Steele Creek Corporate Center Site March 3, 2004 Nationwide Permit No. 39 Application Project No. 2004-0565 Carolina Wetland Services. Pre-Construction Notification Pursuant to Nationwide Permit No. 39 1 11-Acre Steele Creek Corporate Center Site Charlotte, North Carolina Carolina Wetland Services Project No. 2004-0565 1 March 3, 2004 I Prepared For: Mr. Ben Simpson Steele Creek Corporate Center, LLC 4600 Park Road, Suite 109 Charlotte, North Carolina 28209 1 1 1 L 1 1 Prepared By: Mr. Gregg Antemann, P.W.S. Mr. Isaac Hinson Carolina Wetland Services, Inc. 5000 Nations Crossing Road, Suite 230 Charlotte, North Carolina 28217 (704) 527-1177 WETLAVDS 1 "01 GROUP WATER QUALITY SECTION ill 1 5000 Nations Crossing Road, Suite 230 Charlotte, NC 28217 • (704) 527-1 177 Office • (704) 527-1133 Fax ! ?l www.caroIinawctIandservices.com 11-Acre Steele Creek Corporate Center Site March 3, 2004 Nationwide Permit No. 39 Application Project No. 2004-0565 Table of Contents Executive Summary ............................................................................................................................... 1 Existing Conditions ............................................................................................................................... 2 Current Land Use ............................................................................................................................... 2 Jurisdictional Delineation .................................................................................................................. 2 Agency Correspondence ........................................................................................................................ 3 Cultural Resources ............................................................................................................................. 3 Protected Species ............................................................................................................................... 3 Purpose and Need for the Project .......................................................................................................... 4 Avoidance and Minimization ................................................................................................................ 4 Proposed Impacts to Jurisdictional Waters ............................................................................................ 4 Compensatory Mitigation ...................................................................................................................... 4 Storm Water Mann *ement pin" S b ...................................................................................................... List of Attachments Attachment A - Figure 1. USGS Site Location Map Attachment A - Figure 2. NRCS Soil Survey Attachment A - Figure 3. Wetland Boundary Survey Attachment B - Agent Certification of Authorization Form Attachment C - Pre-Construction Notification Application - Nationwide Permit No. 39 Attachment D - USACE Waters of the U.S. Survey/Delineation Verification Form Attachment E - Routine On-Site Data Forms Attachment F - Representative Photographs Attachment G - Figure 4. Original Impacts Attachment H - Figure 5. Revised Impacts I1-Acre Steele Creek Corporate Center Site March 3, 2003 Nationwide Permit No. 39 Application Project No. 2001-0565 Executive Summary The 11-Acre Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection. This project proposes to develop approximately 11 acres of predominantly wooded area into an industrial site. Steele Creek Corporate Center, LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide permitting services for this project. The results of the on-site field investigation conducted by CWS indicate that there is one jurisdictional wetland area (Wetland AA) located within the project limits. In an attempt to minimize impacts to on-site jurisdictional areas, an alternatives analysis was conducted to determine the least damaging site plan that still meets the goals of the project. Unavoidable impacts associated with this project total approximately 0.21 acre of Wetland AA. On behalf of Steele Creek Corporate Center, LLC, CWS is submitting a Pre-Construction Notification application with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3362. An approximately 0.48-acre extended detention wetland will be created to compensate for impacts to jurisdictional wetlands and to provide necessary storm water treatment for the proposed development. 11-Acre Steele Creek Corporate Center Site March 3, 2004 Nationwide Permit No. 39 Application Project No. 2004-0565 Existing Conditions The 1 I-Acre Steele Creek Corporate Center Site is located in Charlotte, North Carolina, in the southeast quadrant of the Sam Neely Road - Steele Creek Road intersection (Attachment A - Figures 1 and 2). This project proposes to develop approximately 11 acres of predominantly wooded area into an industrial site. Steele Creek Corporate Center, LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide permitting services for this project (Attachment B). The following sections describe the existing conditions of the project area. Current Land Use The project area is currently comprised of predominantly undeveloped forest. Dominant canopy vegetation includes mockernut hickory (Carya tomentosa), red cedar (Junipents virginiana), red maple (ulcer rubnon), sweetgum (Liquidatnbar styraciflua), wild cherry (Primus serotina), flowering dogwood (Corpus florida), shagbark hickory (Catya ovata), willow oak (Ouercus phellos), and hackberry (Celtis laevigata). Dominant understory vegetation consists of poison ivy (Toxicodendron radicans), Japanese honeysuckle (Lonicera japonica), catbriar (Smilax rotundlfolia), and grape vine (Vitis rotundifolia). According to the Soil Survey of Mecklenburg County', on-site soils predominantly consist of Iredell fine sandy loam, 0 to 1 percent slopes (IrA), with a small area of Wilkes loam, 4 to 8 percent slopes (WkB) located in the southeast corner of the site. The IrA soil type exhibits slow permeability, medium water capacity, and slow surface runoff, and is known to contain hydric inclusions within Mecklenburg County.' The WkB soil type is well drained and exhibits moderately slow permeability and very low water capacity. Jurisdictional Delineation From May 20-30, 2003, CWS's Gregg Antemann, Kip Kerecman, and Ron Johnson delineated on-site jurisdictional waters of the U.S.3 within the project area using the U.S. Army Corps of Engineers (USACE) - Routine On-site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual.' One wetland area (Wetland AA) was delineated within the 11-acre project area. Routine On-Site Data Forms representative of United States Department of Agriculture (USDA), 1980. Soil Survey of Mecklenburg County, North Carolina. z USDA, 1996. North Carolina Hydric Soils List. 3 ,Jurisdictional waters of the U.S." includes essentially all surface waters such as: all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these waters. Environmental Laboratory, 1987. "Corps of Engineers Wetlands Delineation ,Manual," Technical Report Y-87-1, US Anny Engineer Waterways Experiment Station, Vicksburg, Mississippi. 2 ' 11-Acre Steele Creek Corporate Center Site March 3, 2004 Nationwide Permit No. 39 Application Proiect No. 2004-0565 Wetland AA and non jurisdictional upland areas have been included as Attachment E. No t jurisdictional stream channels were identified within the project limits. On-Site jurisdictional areas were field-verified by Mr. Steve Chapin of the USACE during a field meeting on June 18, 2003. A signed copy of the USACE Waters of the U.S. Survey/Delineation Verification Form is included as Attachment D. The results of the on-site field investigation indicate that there is one jurisdictional wetland area ' (Wetland AA) located within the project limits (Attachment A - Figure 3). Wetland AA is located within the Polk Ditch watershed. Polk Ditch is part of the Catawba River basin (HU# 03050103)5 ' and is classified as "Class C" waters by the NCDWQ. Wetland AA is approximately 0.60 acre in size and is located in the southern portion of the site ' (Attachment A - Figure 3). Dominant vegetation consists of pignut hickory, shagbark hickory, willow oak, red maple, sweetgum, hackberry, poison ivy, and catbriar. Wetland AA exhibited ' saturation and inundation within the upper 12 inches of the soil profile at the time of the field investigation. This wetland also exhibited low ch roma soils (10YR 4/1) with no mottles ' (Attach mcnt E - DP 1). Photographs of Wetland AA are included as Attachment F - Photographs A and B. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on February 10, 2004 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. To date, no response has been received from SHPO. Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on February 10, 2004 to determine the presence of any federally-listed or candidate endangered or threatened species or critical habitat located within the project area. To date, no response has been received from NCNHP. s "HU#- is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Nlap, State of North Carolina. 3 11-Acre Steele Creek Corporate Center Site March 3, 2004 Natiow ide Permit No. 39 Application Project No. 2004-0565 Purpose and Need for the Project The purpose of this project is to develop the site into an industrial building with attendant features (e.g., parking lot). These facilities are required to provide industrial space to a rapidly growing section of Charlotte. This site offers close proximity to major interstates and similar facilities. Avoidance and Minimization In an attempt to minimize impacts to on-site jurisdictional areas, an alternatives analysis was conducted to determine the least damaging site plan that still meets the goals of the project. The original site plan proposed to impact approximately 0.39 acre of Wetland AA to construct the proposed building pad and extended detention wetland (Attachment G - Figure 4). The revised plan reduces impacts to Wetland AA by 0.18 acre (54% reduction) by reconfiguring the proposed detention wetland to avoid impacts to Wetland AA (Attachment H - Figure 5). Proposed Impacts to jurisdictional Waters Proposed impacts to Wetland AA will total approximately 0.21 acre and will result from construction of a proposed building pad (Attachment H - Figure 5). On behalf of Steele Creek Corporate Center, LLC, CWS is submitting a Pre-Construction Notification application with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Permit No. 39 and Water Quality Certification No. 3362 (Attachment C). Compensatory Mitigation To compensate for impacts to 0.21 acre of jurisdictional wetlands, an on-site extended detention wetland will be created. This proposed wetland area is illustrated in Figure 5 (Attachment H). This shallow wetland detention area will be approximately 0.48 acre in size and will provide more than 2:1 mitigation for the proposed impacts. This area will be planted with native wetland vegetation to improve its natural wetland functions and to provide wildlife habitat. A monitoring event will be conducted one year post-construction to determine the success of the wetland plantings. 4 ' 11-Acre Steele Creek Corporate Center Site March 3, 2004 Nation side Permit No. 39 Application Project No. 2004-0565 1 1 Storm Water Management Plan The site is currently undeveloped, and therefore is entirely comprised of pervious soils. The ' proposed site plan specifies the construction of building pads, roads, and parking areas, and will result in the conversion of approximately 7 acres (64%) of the site to impervious coverage. To adequately treat runoff from this impervious area, an approximately 0.48-acre wetland BMP will be constructed to receive storm water from the proposed development. I I ' 11-Acre Steele Creek Corporate Center Site March 3, 2004 _Nationwide Permit No. 39 Application Proiect No.,2004-0565 n I ' u j 1 Attachment A (Figures 1-3) F i i Erwin Rd •4. I Steele Creek Rd SITE pl Cem ° r ,McUntock ?N \`'£ 615 l a ?j . ?O ? I y Approximate Scale P'= 2000' Reference: USGS 7.5 Minute Topographic Map Series, Charlotte Nest Quadrangle, Korth Carolina, dated 1996 and Fort Mill Quadrangle, South Carolina, dated 1996. 1 j Carolina Wetland Services Figure 1. USGS Site Location Map 5000 Nations Crossing Road, Suite 230 1 1-Acre Virkler Site Charlotte, North Carolina 28217 Charlotte, North Carolina 1 CWS Project No. 2003-0565 PREPARED BY DATE Cl ECKLD BY DATE `?? e aI¢r l? I // v / \ \?\ \ xI ?` I-1 1. \ 1 ?r 1 103 1O1 ?w \t'CLOR' .} C° l??fj? MeB `/ Airport J?} 6:eB \\?????? t`4eD IrQ 11 /Jf?,?` )^\ - a IrA f(`//`` ( 1 J( J/ ?_? 1 J W,D 4? ; .\11 Me6 \\\MeQ \MeB.. Ap \ ?1\0_WkE IrQ /'/ \ 11 ?, SSS Ir6 y;kD Ur "WkB WPB /\\ Ir6^• WkB Ira -- --\WKB Sam Neely Rd!_•?? wkQIre? (° L MeS i LG MeQ WkE r,w t.,WkO ( fAeB / !rB J Ii SITE 1\\ Irt3 Me6( YJkE3 Me3 `? "0 11 ?. _ t .r ') /t/ IrA"?, - _ 1-mot MeE fv10', 4 ? ?\ /?' 'MeB ?MeE? _ 1, \ Ir6 Lam/ _? 1 \ '1 t \\ [??t k0 1 IrB f"i IrB \ MeB ~1 1 1 6126! I ErtQ Ir6 ! Me8 1 IrB, 1 1' t IrB r \ Qt` ? ` MeD \ \ry\ • MO r Ir6 ` \ `?,Q??cr J? ? li ?O•,? ? McII IrA 'F MeD •?? / k3 Me3\ 1 ` IrA '\ \^\\ ' MeQ ?MO MeB ,i V\ I(B IrA Approximate Scale F'= 2000' Rcfe,e.cc: MRCS Si' oSurrey of N1ccklenburg County, Shcet Nos. b and 11• dated 1980. 1 j Carolina Wetland Services Figure 2. NRCS Soil Survey I 5000 Nations Crossing Road, Suite 230 11-Acre Virkler Site Charlotte, North Carolina 28217 Charlotte, North Carolina 1 CWS Project No. 2004-0565 PKLPARLD BY DAZ E CIILCKLD BY DA'1 L n VIRKLER DRIVE :f J I l _\ DP2 ' Wetland- AAa?, i - i -0.6 acre - - • - B I - -- v ---- SMW -FRED OH • r ' • i • r i ____ • r • V LEGEND GRAPHIC SCALEr JURISDICTIONAL WETLAND AREA NOTE: JURISDICTIONAL WATERS WERE CEUNEATED BY D. i?ry .?W. •---.--+ CAROUNA WETLAND SERVICES (CWS) FROM MAY 23 - 30, 2003, JURISDICTIONAL WETLANOS WERE SURVEYED USNC A CPS UNIT WTW •?PI DATAPOINT SUB-METER ACCURACY. JIRUSCICTIONAL AREAS WERE FIELD VERIFIED IT `Dd BY MR. STEVE CHAPIN OF THE USAGE ON JUNE 18, 2003 I w (A1-? PHOTO LOCATION AND DIRECTION txE 1• . l0O- 0• ?e 2/17/01 9n[ET Carolina Wetland Services ``• •? D .? .D ». FIGURE 3. Wetland Boundary Survey , I ? < 5000 Nations Crossing Rda Suite 230 Ch l tt th C li N 25217 uN 11-Acre Virkler Property ar o e, aro or na e? ?? •? Charlotte, North Carolina 2001-0565 CU NOTE: TOPOGRAPHIC MAP G PROVIDED BY SITE SOLUTIONS March 3, 2004 11-Acre Steele Creek Corporate Center Site Protect No. Z00-Q?65 Nationwide Permit No. 39 ApaBcation __ Attachment B -- Agent Certification of Authorization Form 7 1 1 1 I? A CENT CERTIFICATION OF AYITHORMATION I, BE Mu/ ??n s representing Steele Creek Corporate Center, LLC, hereby certify that I have authorized Gregory C. Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this permit and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. VpA!an s si t re ICA Date Xgcnt's signature Date Completion of this farm will allo1v the anent to sign all future application COrrespondeace. March 3.2004 11-Acre Steele Creek Corporate Center Site .. __ to snollcation__-- Pre-Construction Notification Application- Attachment C Nationwide Permit No. 39 Office Use Only: 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 1. Check all of the approval(s) requested for this project: F] Section 404 Permit ? Section-10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 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: Steele Creek Corporate Center, LLC, Contact: Mr. Ben Simpson Mailing Address: 4600 Park Road, Suite 109 Charlotte, North Carolina 28209 Telephone Number: (704) 529-1518 - Fax Number: (704) 529-0375 E-mail Address: N/A 2. 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: Greaorv C. Antemann. PWS Company Affiliation: Carolina Wetland Services, Inc. Mailing Address: 5000 Nations Crossing Road, Suite 230 Charlotte. North Carolina 28217 Telephone Number: 704-527-1177 Fax Number: 704-527-1133 E-mail Address: areas(a,carolinawetlandservices.com I Page 1 of 7 11 I IV. I Project Information 1. Name of project: 11-Acre Steele Creek Corporate Center Site 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 20142101 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc The site is located in Charlotte, North Carolina. in the southeast corner of the Sam Neelv Rd - Steele Creek Rd intersection. 5. Site coordinates, if available (UTM or Lat/Long): W800 58' 8" N3507'43" (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: The existing land use of the project area is predominately forested. 7. Property size (acres): 11 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Polk Ditch 9. River Basin: Catawba River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 10. Describe the purpose of the proposed work: The purpose of this project is to develop the site into an industrial building with attendant features (e.g., parking lot). These facilities are required to provide industrial space to a rapidly growing section of Charlotte. This site offers close proximity to major interstates and similar facilities. 11. List the type of equipment to be used to construct the project: A trackhoe and typical excavation and grading equipment will be used for this project. 12. Describe the land use in the vicinity of this project: The land use surrounding the project consists of undeveloped, residential, and commercial usages. Prior Project History Ther is no previous project history for this site. Page 2 of 7 V. Future Project Plans Potential future plans include unspecified surrounding- development. VI. Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts Wetland Impact Located within Distance to Site Number Type of Impact* of Impact Area pact 100- year ear - Nearest Stream Type of Wetland*** (indicate on map) (acres) * Flood plai (linear feet) ( Wetland AA Site grading for 0.21 acre No 2501f Bottomland Hardwood building pad Forest * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://w,?vw.fcina.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.60 acre Total area of wetland impact proposed: 0.21 acre 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci ) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which if flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A Page 3 of 7 L' F L 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. N/A Open Water Impact Area of Name Wate Type of Waterbody Site Number Type of Impact* Impact ) (if applicable) (lake, pond, estuary, sound (indicate on ma) (acres) bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation ' If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. ' Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) In an attempt to minimize impacts to on-site iurisdictional areas. an alternatives analvsis was conducted to determine the least damaging site plan that still meets the goals of the project. The original site plan proposed to impact approximately 0.39 acre of Wetland AA to construct the proposed building pad and extended detention wetland (Attachment G - Figure 4). The revised plan reduces impacts to Wetland AA by 0.18 acre (54% reduction) by reconfiguring the proposed detention wetland to avoid impacts to Wetland AA (Attachment H - Figure 5). 1 VIII. Mitigation To compensate for impacts to 0.21 acre of iurisdictional wetlands, an on-site extended detention wetland will be created. This proposed wetland area is illustrated in Figure 5 (Attachment H). This shallow wetland detention area will be approximately 0.48 acre in size and will provide more than 2:1 mitigation t for the proposed impacts. This area will be planted with native wetland vegetation to improve its natural wetland functions and to provide wildlife habitat. A monitoring event will be conducted one year post- construction to determine the success of the wetland plantings. Page 4 of 7 1. Mitigation may also, be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://112o.enr.state.ne.us/wrp/index.htm. If ' use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: ' Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A ' 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes F1 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 F-1 No ? Y. 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. n Amount of Coastal wetland mitigation requested (acres): N/A I Page 5 of 7 Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify: )? Yes ? 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. N/A Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation ' of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. ' N/A 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 undeveloped, and therefore is entirelv comprised of pervious soils. The proposed site plan specifies the construction of building pads, roads, and parking areas, and will result in the conversion of approximately 7 acres (64%) of the site to impervious covera.e. To adequately treat runoff from this impervious area, an approximately 0.48-acre wetland BMP will be constructed to receive storm water from the proposed development. 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. This development will be connected to an existing sanitary sewer system. Page 6 of 7 VIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 71 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). Construction is scheduled to begin immediately following receipt of the appropriate permits. Applicant-Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 7 of 7 I1-Acre Steele Creek Corporate Center Site March 3, 2004 Nationwide Permit No. 34 Application Attachment D - USACE Waters of the U.S. Survey/Delineation Verification Form J 1 ' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ' Action ID: 200330877 County: Mecklenburg e Waters of the U.S. Survey/DelineationVerification Property owner/Authorized Agent: Kirkco Carolina Interests, Attn: Mr. William Allen ' Address: 4600 Park Rd., Suite 190 Charlotte, NC 28209 ' Telephone Number: Size and Location of Property (waterbody, Highway name/number, town, etc.): Steele Creek Corporate Center located on Sam Neely Rd. in Nvest Charlotte. u Indicate Which of the following apply: X There are waters of the U.S. on the above described property which have been accurately flagged/delineated. We recommend that the delineated lines be surveyed. The surveyed lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. The submitted survey plat dated for the above referenced property accurately reflects the limits of waters of the U.S. on the property. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed 5 years from the date of this notice. Placement of dredged or fill material in waters of the U.S. on this property without a Department of the Army pen-nit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A pen-nit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact: Steve Chapin at (828) 271-7980 x5 Project Manager Signature S '? Date Julv 3, 2003 I1-Acre Steele Creek Corporate Center Site Nationwide Permit No. 39 Application March 3. 2004 Pro eet No. 2004-0565 Attachment E - Routine On-Site Data Forms DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 11-Acre Steele e o o ate e t i Date: 05/20/03 Applicant: Steele Creek Corporate Center, LLC County: Mecklenburg Investigator(s): Kip Kereeman and Ron Johnson State: NC Do Normal Circumstances exist on the site? Ye No Community ID: wetian Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DPI If needed, explain on reverse. VEGETATION Dominant Plant Specie 1. Smilax rotundifolia Stratum vine Indicator FAC Dominant Plant Species Stratum Indicator 9. Celtis laevivata tree FACW 2. Smilax bona-nox vine FAC 10. 3. Carya glabra tree FAC 11. 4. Carya ovata tree FACU 12. 5. Quercusphellos tree FACW 13. 6. ricer rubrum tree FAC 14. 7. Toxicodendron radicans vine FAC 15. 8. Liquidambarstyracifula tree FAC 16. Percent of Dominant Species that are OBL, FACW or FAC 49°0 Remarks: More than 50% of dominant vebetation is FAC or wetter. HYDROLOGY _ Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs _ Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: X Sediment Deposits (on leaves) X Drainage Patterns in Wetlands Depth of Surface Water: 0-3" (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Wetland livdirollogy indicators are present. datasheet Page I of 2 2124/2004 SOILS Map Unit Name (Series and Phase): Iredell sandy loam. I to 8% slop es Drainage Class well drained Field Observations Taxonomy (Subgroup): thermic Typic Hapludalfs Confirm Mapped Type? Yes No Profile D cr i n• Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-12" B 10YR 411 N/A N/A silt loam _ Histosol Concretions - Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils - Sulfidic Odor - Organic Streaking in Sandy Soils - Aquic Moisture Regime _ Listed on Local Hydric Soils List (Inclusions) _ Reducing Conditions _ Listed on National Hydric Soils List sX Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: Hydric soil indicators are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? es No (Circle Wetland Hydrology Present? No hYe cle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? No R emarks: Data point is representative of a -jurisdictional wetland area. Approved by HQUSACE 2192 datasheet Page 2 of 2 2/2412004 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: 11-Acre Steele e Corporate-Center Date: 05/20/03 Applicant: Steele Creek Corporate Center, LLC County: Nlecklenbur- Investigator(s): Kip Kereeman State: NC Do Normal Circumstances exist on the site? Ye No Community ID: Uplan Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP2 If needed, explain on reverse. VEGETATION Dominant Plant Species 1. Prunus serotina Stratum tree Indicator FACU Dominant Plan Speces Stratum Indicator 9. Smilax rotundifolia vine FAC 2. Sassafras albidum shrub FACU 10. bitis rotundifolia vine FAC 3. Juniperus vir,f.,iniana tree FACU 11. 4. Toxicodendron radicans vine FAC 12. 5. Lonicera japonica vine FAC 13. 6. CornusJlorida tree FACU 14. 7. O_uercus marlandica tree - 15. 8. Carya tomentosa tree -- 16. Percent of Dominant Species that are OBL, FACW or FAC 5-0-OA Remarks: 50% of dotninant vegetation is FAC or wetter. HYDROLOGY _ Recorded Data (Describe in remarks): - Stream, Lake or Tide Gauge - Aerial Photographs - Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: - Inundated - Saturated in Upper 12 Inches _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits (on leaves) - Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): - Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N A (in.) - Water-Stained Leaves - Local Soil Survey Data Depth to Saturated Soil: >12" (in.) - FAC-Neutral Test Other (Explain in Remarks) Remarks: Wetland hydrology indicators are not present. datasheet Page 1 of 2 2/24/2004 SOILS Map Unit Name (Series and Phase): Iredell sandy loam. I to 8% Slop es Drainage Class well drained Field Observations Taxonomy (Subgroup): thermic T is Ha ludalf Confirm Mapped Type? Yes No Profile D ri ion• Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-12" B 2.5Y 3/3 N/A N/A silt loam _ Histosol _ Concretions - Histic Epipedon - High Organic Content in Surface Layer in Sandy Soils - Sulfidic Odor - Organic Streaking in Sandy Soils - Aquic Moisture Regime - Listed on Local Hydric Soils List (Inclusions) - Reducing Conditions - Listed on National Hydric Soils List - Gleyed or Low-Chroma Colors - Other (Explain in Remarks) Remarks: Hydric soil indicators are not present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Approved by HQUSACE 2/92 datasheet Page 2 of 2 2/24/2004 1 I I-Acre Steele Creek Corporate Center Site March 3, 2004 Nationwide Permit No. 39 Application Pr2ject No. 2004_0564 n F L 1 Attachment F - Representative Photographs F I 1-Acre Steele Creek Corporate Center Site March 3, 2004 Nationwide Permit No. 39 Application Proiect No. 2004-0565 Photograph A. View of Wetland CC - May 2003 Photograph B. View of Wetland CC - February 2004 I!-Acre Steele Creek Corporate Center Site ' Ntlodwkle Permit No. 39 q i! tiod March 3, 2004 Pra ect No. 2004-1K61 G Attachment G - Original Impacts (Figure 4) m = = m = = m = ® m m m = m m m P Nm O D ;0 z mDy <D O v m v ALnAz mAat0. O v 0 c W `CNA ? a 1Z s n mc?m? C D N Z Ln j z. o?o1 A ; D ? 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