20040494 Ver 1_COMPLETE FILE_20040406

..,

,'yll~i1al.:l I" r.:.L'lI~Y. \Jvv~rllur
William G, Ross Jr., Secretary
'iorth 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

Mr. Grey Poole
Mark Pierce Poole Properties, Inc,
1341 East Morehead St.
Charlotte, NC 28204

April,2~
DWQ~
Mecklenburg County
WETLANDS /401 GROUP
MAY 04 2004
WATER QUALITY SECTION

APPROVAL of 401 Water Quality Certification with Additional Conditions
Ecosystem Enhancement Program

Dear Mr. Poole:

You have our approval, in accordance with the attached conditions and those listed below, to permanently
fill 0.5 acre of wetland in order to construct the University Exchange Commercial Development in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on April 1, 2004.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at http://h2o,enr,state,nc,us/ncwetlands, The
General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army
Corps of Engineers, Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.

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

For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the
additional conditions listed below:

1, A final written stormwater management plan shall be approved in writing by this Office prior to the
construction of any permanent facilities at the subject site. The stormwater facilities must be designed to
treat the runoff 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,

2, We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in
order to compensate for the impacts to the wetland. In accordance with 15A NCAC 2R .0402 and 15A
NCAC 28 .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2H ,0506(h) and 15A NCAC 28 ,0233(10). Until the EEP receives and clears your check (made
payable to: DENR - Ecosystem Enhancement Program), wetland impacts (including fill) shall not occur,

N~{thCarolina
/Valllfally

.

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)
[phone] (phone), 919-733-6893 (fax), (htlo:flh~(),~nr.statc,l1c,lIsInC\\etlands)
Customer Service #: 1-877-623-6748

,

Page 2

Mr. Tad Boggs should be contacted at [phone] if you have any questions concerning the EEP.
You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 0.50 acre of wetlands in the Yadkin River Basin (Cataloging Unit
03040105) and requires 1.0 acre of wetland mitigation. Please be aware that the EEP rules require
rounding of wetland impacts to the nearest 0,25 acre (15A NCAC 2R ,0503(b)).

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 Preconstruction Notification application, All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur,

4. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation and operation and maintenance of
such BMPs in order to protect surface water standards:

a. 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.
b. 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.
c, The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.

5. 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 the Division of Land
Resources has released the project.

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

7, Continuing Compliance, Mark Pierce Poole Properties, Inc. (MPPPI) shall conduct its activities in a manner
consistent with state water quality standards (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that state or federal law is being violated, or that further conditions are necessary to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify MPPPI and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504, Any new or revised conditions shall be provided to MPPPI in writing, shall be provided to
the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter, To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,

,

Page 3

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 the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

)' /')
!\ J ' ~
/,.....j, I f.....~ !' l,e~
Alan W, Klimek, P,E.

/r/
... /
. /
.... i--

AJ/aj

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Central Files
File Copy
Len Rindner

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

April 28, 2004
DWQ# 04-0494
Mecklenburg County

Mr, Grey Poole
Mark Pierce Poole Properties, Inc.
1341 East Morehead St.
Charlotte, NC 28204

APPROV AL of 401 Water Quality Certification with Additional Conditions
Ecosystem Enhancement Program

Dear Mr, Poole:

You have our approval, in accordance with the attached conditions and those listed below, to permanently
fill 0.5 acre of wetland in order to construct the University Exchange Commercial Development in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on April 1 ,2004.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at http://h20.enr.state,nc.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S, Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations,

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

For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the
additional conditions listed below:

1. A final written stormwater management plan shall be approved in writing by this Office prior to the
construction of any permanent facilities at the subject site. The stormwater facilities must be designed to
treat the runoff 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.

2. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in
order to compensate for the impacts to the wetland. In accordance with 15A NCAC 2R ,0402 and 15A
NCAC 28 .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2H ,0506(h) and 15A NCAC 28 ,0233(10), Until the EEP receives and clears your check (made
payable to: DENR - Ecosystem Enhancement Program), wetland impacts shall not occur.

N~'IiliCarolina
/Vall/fall!!

M

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), (http://h2o,enr,state,nc,uslncwetlands)
Customer Service #: 1,877,623-6748

Page 2

Mr. Tad Boggs should be contacted at [phone] if you have any questions concerning the EEP.
You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 0.50 acre of wetlands in the Yadkin River Basin (Cataloging Unit
03040105) and requires 1,0 acre of wetland mitigation, Please be aware that the EEP rules require
rounding of wetland impacts to the nearest 0.25 acre (15A NCAC 2R .0503(b)),

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 Preconstruction Notification application, All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur,

4. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation and operation and maintenan
such BMPs in order to protect surface water standards:

a. The design, installation, operation, and maintenance of the sediment and erosion control measul
must be such that they equal, or exceed, the requirements specified in the most recent version 0
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on a
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
b. 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 Surfc
Mining Manual.
c, The reclamation measures and implementation of these measures must be in accordance with tI
requirements of the Sedimentation Pollution Control Act.

5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum exten
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 the Division of Land
Resources has released the project.

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

7. Continuing Compliance, Mark Pierce Poole Properties, Inc. (MPPPI) shall conduct its activities in a man
consistent with state water quality standards (including any requirements for compliance with section 30:
of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ detern
that such standards or laws are not being met (including the failure to sustain a designated or achieved I
or that state or federal law is being violated, or that further conditions are necessary to assure complianc
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliancE
such standards and requirements in accordance with 15 A NCAC 2H,0507(d). Before codifying the
certification, DWQ shall notify MPPPI and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H,0504. Any new or revised conditions shall be provided to MPPPI in writing, shall be provided
the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 0
Clean Water Act, and shall also become conditions of the 404 Permit for the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing, ~
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition 1
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,

It".

Page 3

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 the 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.

AJ/aj

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Central Files
File Copy
Len Rindner

,f'-

040494

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

In accordance with 15A NCAC 2 H ,0500, Mr, Grey Poole of the Mark Pierce Poole Properties, Inc, has
permission as outlined below to fill 0.5 acre of wetland in order to construct the University Exchange
Commercial Development project in Mecklenburg County, North Carolina. All activities associated with these
authorized impacts must be conducted in accordance with the conditions listed in the attached certification.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.

COMPENSATORY MITIGATION REQUIREMENT, ECOSYSTEM ENHANCEMENT PROGRAM (EEP)

LOCATION:

NC Highway 49/Mallard Creek Church Rd, extension

COUNTY:
BASIN/SUBBASIN

Mecklenburg

Yadkin (03040105)

Impacts:

0.5 acre of wetland

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

Mitigation:

0.5 acre of wetland mitigation is required, at a minimum, by the EEP for the 401 Water Quality
Certification. In correspondence dated March 25, 2004, the EEP indicated that up to 1.0 acre of
compensatory wetland mitigation will be accepted by the EEP if required for the 404 Permit.

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

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

Sianature

Date

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

,.

Michael F. Easley, Governor .L
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

April 28, 2004
DWQ# 04-0494
Mecklenburg County

Mr, Grey Poole
Mark Pierce Poole Properties, Inc.
1341 East Morehead St.
Charlotte, NC 28204

APPROV AL of 401 Water Quality Certification with Additional Conditions
Ecosystem Enhancement Program

Dear Mr, Poole:

You have our approval, in accordance with the attached conditions and those listed below, to permanently
fill 0.5 acre of wetland in order to construct the University Exchange Commercial Development in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on April 1 ,2004.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at http://h20.enr.state,nc.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations,

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

For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as the
additional conditions listed below:

1, A final written stormwater management plan shall be approved in writing by this Office prior to the
construction of any permanent facilities at the subject site. The stormwater facilities must be designed to
treat the runoff 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.

2, We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in
order to compensate for the impacts to the wetland, In accordance with 15A NCAC 2R ,0402 and 15A
NCAC 28 ,0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2H .0506(h) and 15A NCAC 28 ,0233(10). Until the EEP receives and clears your check (made
payable to: DENR - Ecosystem Enhancement Program), wetland impacts shall not occur,

N1>'[thCarolina
/Vntl/rnllv

M

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), (hllP:/1h2o.enr.state,nc.uslncwcllands)
Customer Service #: 1-877,623-6748

,

"

Page 2

Mr, Tad Boggs should be contacted at [phone] if you have any questions concerning the EEP.
You have one month from the date of this Certification to make this payment. For accounting purposes,
this Certification authorizes the fill of 0,50 acre of wetlands in the Yadkin River Basin (Cataloging Unit
03040105) and requires 1,0 acre of wetland mitigation. Please be aware that the EEP rules require
rounding of wetland impacts to the nearest 0,25 acre (15A NCAC 2R ,0503(b)).

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 Preconstruction Notification application. All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur.

4, Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation and operation and maintenance of
such BMPs in order to protect surface water standards:

a. 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.
b. 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.
c, The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.

5. 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 the Division of Land
Resources has released the project.

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

7, Continuing Compliance, Mark Pierce Poole Properties, Inc, (MPPPI) shall conduct its activities in a manner
consistent with state water quality standards (including any requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law, If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that state or federal law is being violated, or that further conditions are necessary to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify MPPPI and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to MPPPI in writing, shall be provided to
the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,

'.

Page 3

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 the 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.

AJ/aj

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Central Files
File Copy
Len Rindner

,~

040494

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

In accordance with 15A NCAC 2 H .0500, Mr. Grey Poole of the Mark Pierce Poole Properties, Inc, has
permission as outlined below to fill 0.5 acre of wetland in order to construct the University Exchange
Commercial Development project in Mecklenburg County, North Carolina. All activities associated with these
authorized impacts must be conducted in accordance with the conditions listed in the attached certification.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.

COMPENSATORY MITIGATION REQUIREMENT, ECOSYSTEM ENHANCEMENT PROGRAM (EEP)

LOCATION:

NC Highway 49/Mallard Creek Church Rd. extension

COUNTY:

Mecklenburg

BASI N/SU BBASI N

Yadkin (03040105)

Impacts:

0,5 acre of wetland

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

Mitigation:

0.5 acre of wetland mitigation is required, at a minimum, by the EEP for the 401 Water Quality
Certification. In correspondence dated March 25, 2004, the EEP indicated that up to 1,0 acre of
compensatory wetland mitigation will be accepted by the EEP if required for the 404 Permit.

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

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

Siqnature

Date

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

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
we Supervisor:
Date:

Alan Johnson
RAX Gleason

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name University Exchange
Project Number 04 0494
Recvd From APP
Received Date 4/6/04

County Mecklenburg
County2
Region Mooresville

Recvd By Region

Project Type Commercial Development

Certificates Stream Stream Impacts (ft,)
Permit Wetland Wetland Wetland Stream Class Acres Feet ..
Type Type Impact Score Index Prim. Supp. Basin Req, Req.
39 I PSS 1 A, I@ YON 13-17-5 rc-I 130,711. I 0.50 I I I
- -
I lay ON r-I I I I I I ..........
-

MitiQation
MitigationType

Wetland
Type Acres

Feet

I~

Wetland WRP

PSS 1 A,

0.50 I
I

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? @ YON

Is Mitigation required? @ YON Recommendation: @ Issue Olssue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 35.3093 Longitude (ddmmss) 80.7204

Comments:

Staff met with the consultant to discuss the project on April 13, 2004. The applicant requests
approval to impact 0 5 acre of wetland for the construction of a commercial development The six
acre site is located in an existing commercial area. The site is triangular shaped bounded by Hwy
49 (four lane), an apartment complex, and Mallard Creek Church Rd The wetland is situated in the
middle of the property making avoidance difficult without reducing the size of the commercial
development Mitigation is proposed at 2:1 for the impact

Recommend approval To be issued by MRD

cc:

Regional Office
Central Office

Page Number 1

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Alan Johnson
Rex GIA€I~nn

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name University Exchange
Project Number 04 0494
Recvd From APP
Received Date 4/6/04

County Mecklenburg
County2
Region Mooresville

Recvd By Region

Project Type Commercial Development

Certificates Stream Stream Impacts (ft,)
Permit Wetland Wetland Wetland Stream Class Acres Feet ..
Type Type Impact Score Index Prim. Supp. Basin Req, Req.
39 I PSS1A, I@ y ON 13-17-5 r-c-I 130,711. I 0,50 I I I
- .,--
I IOY ON r-I I I I 1 I .J.....
-

Mitiaation
MitigationType

Wetland
Type Acres

Feet

~

Wetland WRP

Is Wetland Rating Sheet Attached? 0 Y <I> N Old you request more Info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? <I> YON
Is Mitigation required? <I> YON Recommendation: <I> Issue 0 Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 35.3093 Longitude (ddmmss) 80.7204

Comments:

Staff met with the consultant to discuss the project on April 13, 2004. The applicant requests
approval to impact 0 5 acre of wetland for the construction of a commercial development The six
acre site is located in an existing commercial area The site is triangular shaped. bounded by Hwy
49 (four lane), an apartment complex, and Mallard Creek Church Rd The wetland is situated in the
middle of the property making avoidance difficult without reducing the size of the commercial
development Mitigation is proposed at 2'1 for the impact

Recommend approval. To be issued by MRD

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Date: o'-t. 0 1- ~O'1 '

Project Name: LJ~,,~,,~ &~
DWQ#: O~<{t(
County: ~ec.kAM(j-

To:

D ARO
D FRO
~O
D RRO

Mike Parker '

~~

Steve Mitchell

D WaRO
D WiRO
D WSRO

Tom Steffens

Noelle Lutheran
Daryl Lamb

From:

~

Telephone: (919) 131-l.{~

The fIle attached is being forwarded to your for your evaluation.
Please call if you need assi~tance.

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

Comments:

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University Exchange

Commercial Development
Charlotte, Mecklenburg County,
North Carolina

Joint Application Form and Supporting Documentationfor

". , " , " ' , ;",}

NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS

NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCES

Prepared For:

Mr. Grey Poole
Mark Pierce Poole Properties. Inc
1341 East Morehead Street
Charlotte. NC 28204

Prepared By:

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

*Subject to verification by the USACE and NCDWQ

Date: 3/2004

Page lof9

Office Use Only:

Fonn Version May 2002

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

I. Processing

1, Check all ofthe approval(s) requested for this project:
X Section 404 Permit D
D Section 10 Permit
X 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit DWQ

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

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

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Mitigation is proposed to the NCEEP for Wetland Impacts

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: D

II. Applicant Information

1, Owner/Applicant Information
Name: Mr, Grey Poole
Mailing Address: Mark Pierce Poole Properties. Inc
1341 East Morehead Street
Charlotte. NC 28204
Telephone Number: 704 343-2828 Fax Number: 704 343-9898
E-mail Address:

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

Fax Number: 7048470185

Telephone Number: 7048460461
E-mail Address:[e-mail]

m. Project Information

Page 1 of8

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow, The specific footprints of all buildings,
impervious surfaces, or other facilities must be included, If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined, Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17 -inch format;
however, DWQ may accept paperwork of any size, DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: University Exchange

2, T.I,P. Project Number or State Project Number (NCDOT Only):

3, Property Identification Number (Tax PIN):

4. Location
County: Mecklenburg. County Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
Near Exit Intersection ofNC 49 and Mallard Creek Church Road

5. Site coordinates, if available (UTM or Lat/Long):35,30930N, SO.72040W - Harrisburg Quad (Note-
If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each
crossing of a distinct waterbody.)

6, Property size ( acres): + 6 Acres

7, Nearest body of water (stream/river/sound/ocean/lake): UT of Mallard Creek

8, River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20,enr,state,nc.us/admin/maps/.)

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

10, Describe the overall project in detail, including the type of equipment to be used:
Proposed commercial development to serve University and surrounding areas.

Page 2 of8

11, Explain the purpose of the proposed work:
Preparation of site to construct buildings. parking. and stonnwater management facility to
develop commercial area,

IV. Prior Project History

If jurisdictional detenninations and/or pennits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn, Provide photocopies of previously issued permits,
certifications or other useful information, Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T J.P. project, along with
construction schedules,
The site was evaluated in November and December. 2003. The approximate
mapping has been utilized to avoid and minimize impacts, Wetland delineation was approved by
USACE in the field on December 9. 2003,

V. Future Project Plans

Are any future pennit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application,
Additional impacts are not expected, Project is surrounded by existing apartment complex and
roads,

VI. Proposed Impacts to Waters of the United StateslWaters of the State

It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below, All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate, Photographs may be
included at the applicant',s discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: Proposed development requires
the unavoidable filling of approximately 0.50 acres of wetlands to facilitate the development
of building areas and parking areas for the proposed commercial center. The commercial cent
is located at the intersection of NC 49 (University Boulevard) and Mallard Creek Church
Road. which are major thoroughfares, The project also requires the construction of a
stonnwater management plan to treat runoff from the proposed development, A mitigation

Page 3 of8

payment for 1 acre of mitigation is proposed to the NCEEP (.5 acre @ 2:1 = 1.0 acre) for
unavoidable impacts,

2, Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact lOa-year Floodplain** Nearest Stream TypeofWet1and***
(indicate on map) (acres) (yes/no) (linear feet)
#1 NWP #39 0.50 ac no Over 500' + PSSIA, PFOIA

. List each impact separately and identify temporary impacts, hnpacts include, but are not limited to: mechanized clearing, grading, fIll,
excavation, flooding, ditching/drainage, etc, For darns, separately list impacts due to both structure and flooding,
.. 100-Year floodplains are identifIed through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps, Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www,fema,gov,
... List a wetland type that best describes wetland to be impacted (e,g" freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc,) Indicate if wetland is isolated (determination of isolation to be made by USACE only),

List the total acreage (estimated) of all existing wetlands on the property: 0.50 acres

Total area of wetland impact proposed: +0.50

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

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intennittent?
(indicate on map) (linear feet) Before Impact (Dlease specify)

~

List each impact separately and identify temporary impacts, hnpacts include, but are not limited to: culverts and associated rip-rap,
darns (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,
U Stream names can be found on USGS topographic maps, If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows, USGS maps are available through the USGS at 1-800-358-9616, or online at
www,usgs,gov, Several internet sites also allow direct download and printing of USGS maps (e.g" www.topozone.eom,
www.mapquesLeom, ete,),

Cumulative impacts (linear distance in feet) to all streams on site:-.JUf

Page 4 of8

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

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

.

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

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

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

Size of watershed draining to pond:

Expected pond surface area:

vu. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts, It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts,
The proposed commercial project is at the intersection of two major arterials/thoroughfares in
the University Boulevard area of Charlotte. The proposed project will serve the University area
and adjacent housing. Based on engineering and grading standards. required parking. utility and
stormwater management facilities. and matching grades with adjacent properties grading and
filling the wetland area is unavoidable. To compensate for the unavoidable impacts to wetlands,
a contribution to the NCEEP is proposed at a 2: 1 ratio. In addition as required. a stormwater
treatment facility is proposed to treat polluted runoff from the project according to NCDENR
requirements, The facility will include a wet pond. forebay. and littoral zone,

Page 5 of8

vm. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams,

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed, Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed,

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete, An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20,em,state, nc, us/ncwetlands/ strmgide. html,

1, Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e,g" deed restrictions, conservation easement, etc,), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed,

2, Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN, For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20,em,state,nc,us/wrp/index,htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: NA

Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 1.00 acre (.5 X 2)
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Page 6 of8

IX. Environmental Documentation (required by DWQ) NA

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

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

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA

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

Will the project impact protected riparian buffers identified within 15A NCAC 2B ,0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No D If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers, If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers,

Zone'" Impact Multiplier Required
(SQuare feet) Mitigation
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,

Page 7 of8

LEONAROS,RINDNER.PWS
Environmelltal Planning CURs_Itant
ProfCSIIionaJ Wetland Scicntbt
Land Planning

3714 Spnkc~havc Lane
Mllttht~li, NC 28105
Telc: (7414) lI4il-0461
Fax [phone]

March 2, 2004

Mr. Grey Poole
Mark Pierce Poole Properties, tne
134 t East Morehead S\ reet
Charlotte. NC 28204

Re: A1!:ent Authorization Letter for Universitv ElI.chan2c at NC Hi2hwav 49

Dear Grey:

In order to interface with the lJnited States Army Corps of Engineers and the North
Carolina Department of Natural Resources for wetlands permitting I will need your
authorization, Please sign the following statement

Thi:, letter 1Ill.thorizes Leonard S, Rindner, PWS as our finn 's agent in matters relatel/
to Jj1etlantl~ for the referenced project, Thi,. inclutks in.terfoc;ng wit" the United StnJeli
Ar",y ('orps of Engineers and/or tl,e North CArolina Department of Natural
RO'(lufces,

/I, t'"~ 13. ( d-{
_...Lt :::7
(jreyPool , ark Pien'e Poole Properlie..~, Inr Date

Please contact me if YOll have any questions or require additional explanation, Thank you
for your consideration

-'...

Leonard S, Rindner, PWS
Environmental Planning Coosultant
Profession W(,'tland Scientist

c'd

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dSE:90 ""0 20 ~RW

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect sutface waters and wetlands
downstream from the property,
A stormwater management will be provided for the protect. Plans and specifications will be
submitted to NCDWO for approval to meet the conditions of the 40 I WOC when issued..

XIT. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility,
CMUD

XID. Violations (required by DWQ) NA

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

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

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control),
./1

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

Page 8 of8

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LEONARD S. RINDNER. PWS
Environmental Planning Consultant
Professional Wetland Scientist
Land Planning

3714 Spokeshave Lane
Matthews, NC 28105
Tete: [phone]
Fax [phone]

December 31, 2003

Ms. Amanda Jones
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue. Room 208
Asheville, NC 2880 I - 5006

Re: + 6 Acre - Universitv Boulevard Site. Mecklenbul1! Countv. NC

Dear Ms. Jones:

On behalf of my client, I am requesting written confirmation of the wetland/stream detennination for the
subject property.

Project Name:
Acreage:
City/County:
LonglLat:
Owner:

University Boulevard Site
:t 6 Acres
Charlotte, Mecklenburg County
35.30930N, 80,72040W - Harrisburg quad
Mr. Grey Poole
Mark Pierce Poole Properties, Inc
134 I East Morehead Street
Charlotte, NC 28204

Contact:

Leonard S, Rimmer, PWS

General Wetland Classification and Description

The upland areas of the site are within headwater drainage areas of Mallard Creek in the Yadkin River
Basin. The site is within a Water Classification - C watershed. The current land-use is former or current
agricultural land, residential, and urbanized disturbed areas in early to middle succession. The riparian
wetland areas can be classified as Palustrine Broad Leaved, Scrub Shrub, and Emergent (PFOIA, PSSIA,
PEMIC). Streams were not identified on the site. The wetland appears to be the upper wetland seep area
that was associated with a stream that was removed to construct the apartment complex downstream. The
hydric soils appear to be an inclusion of Helena B at the head of the intermittent stream within the Enon
soils.

Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.

e nard S. Rindner, PWS
Professional Wetland Scientist

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POLARIS.
property 0wnersblP Lmd R~ lnfM>>ation$YStem '
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APPROXIMATE MAP -WATERS OF THE U.S.

FOR SURVEY AND STUDY PURPOSES ONLY
SUBJECT TO USACE VERIFICATION

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o

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Map center is 35.30930N, 80.72040W (WGS84/NAD83)
Harrisburg qu~drangle - TopoZone Pro elevation display
Projection is UTM Zone 17 NAD83 Datum

10fl

M=-7,133
G=O.162

USGS HARRISBURG

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0.1

0,2

0.3

0,4

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Map center is 35.30940N, 80,72020W (WGS84/NAD83)
Harrisburg quadrangle - TopoZone Pro elevation display
Projection is UTM Zone 17 NAD83 Datum

1 of!

M=-7,133
G=O.162

USGS HARRISBURG

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APPROXIMATE MAP - WATERS OF THE U.S.

FOR SURVEY AND STUDY PURPOSES ONLY
SUBJECT TO U.SACE VERIFICATION

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Mecklenburg County, North Carolina
POLARIS

Property Ownership Land Records Information System
Date Printed: Wed Dec 31 2003 13:12:45 GMT -0500 (Eastern Standard Time)

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

1 of 1

12/31/2003 1:15 PM

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Mecklenburg County, North Carolina

I POLARIS

Property Ownership Land Records Information Systel7J
Date~ ~rinted: Wed Dec 31 200312:45:35 GMT -0500 (Eastem Standard lime)

'This map is!prepared for the inventorY of real property within Mecklenburg County and is ~mPlled from recorded deeds,
~plats, tax m~ps. surveys, planimetric rraps, and other public records and data. Users of thi map are hereby notified that the
rafonnentioned public primary infonnation sources should be consulted for verification, Me lenburg County and its mapping
, contractors assume no legal responsibility for the infonnation contained herein.

1 of 1

12/31/2003 12:47 PM

SOILS

::Ii!

Map unn Name ~
(Series and Phase): :...,.....-- ())--. ,Drainage Class:

Taxonomy (Subgroup): do(.;~( L( 1w-(t:i~~fi(;.~v,.~~TY~
5dutrvr-.

Profile DesCription:
Depth
linr.:hACl \ I-Iftri,,^"

I~
~

Matrix Colors

Mottle Colors

Mottle

!exture, Concretions,

IU......,._II u_:_..\

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)

Project I Site:
Applicant I Owner:
I"~r:

~:~: It~rnj?'

St8mte: .AI (--'

dlml'WlBh8lrcirD1stlBt8eseciltietldhdllitelte? YelNes
Is the site significantly disturbed (Atypical situation)? Yea_
ls the area a potential problem area? Yes_
(explain on reverse If needed)

C~11 -,,:tpQ:
Transect ID=M
Plot 10: ;!!!::. I

VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum

~AP~~,v~-k ~ !:5:-, ~o._~~~ I
3~ '-I~{cL.. r ~ 11.~ -r

~:--= --i=-- oW'- ~ ~ :::
8._ __ (J__ jJ r'ZJfj l.r-I 16,
I .

Indicator

.fPrc, 1"
~v1
f?x---
-Fp:.

Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-).

}jy) '/
( '/

Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are/are not
Classified ~ FAC-OBL! the National List of Plant ~e~s that Occur in Wetland>- Samgle plot was taken...

WGH~/~ab;'" ~ (-&-rlY'--Wt!t-&--eI- or U-~rLl

HYDROLOGY

_ Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other

Wetland Hydrology Indicators

No Recorded Data Available

Primary Indicators:
Inundated
t/Saturated in Upper 12"
_ Water Marks
_ Drift Lines
~ediment Deposits
Drainage pa~' WetlandS;
~'f" {4 I Cr,<:;-. S' () I t{~ c.-.
Second Ind~to r~d Wlft'--r
~ Oxidized Roots Channels in Upper 12"
_ )Nater-Stained Leaves
'"2 Local Soil Survey Data (j..k/&.. C I "d\/r
_ FAC-Neutral Test
_ Other (Explain in Remarks)

.)

Field Observations:
Depth of Surface Water: 1-1# (in.)
Depth to Free Water in Pit:~ ~ k./ I
Depth to Saturated Soil: ~ ~ /Z<~,)

Remarks:

SOILS

411

Map Un. Name ~
(Series and Phase): :...--' 0).- ,Drainage Class:
~ Ib (l\du5. tv'- ~
Tuonamy (Subgroup): doc.in, ~!: I~ .fi:~~~ped Type

I~

Profile DescrlDtlon:
Depth
(Inches)

~
LZ, (' f

Horizon
fi---
a

Matrix Colors
'Munsell Moist)
/tJ Yrv &!;?/
/ () Y tv r:/a-
It) 'tIt,. f! 't

Mottle Colors
'Munsell Moist)
/0 'fjVc.1'i
. /'
,IL) yo/elL

Mottle
Abundance/Contrast

Histosol
_ Hlstlc Eplpedon
Sulfidic Odor
_ Aquic Moisture Regime
~educlng Conditions
if Gleyed or Low-Chroma Colors

Remarks:

~CNtio..

_ High Organic Content In Surface Layer In Sandy Soils
_Organic Streaking In Sandy Solis
_Listed On Local Hydric Soils List
_Listed on National Hydric Solis List
_ Other (Explain in Remarks)

Hydric Soil Indicators:

WETLAND DETERMINATION

Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes

No
No
No

Is the Sampling Point
Within a Wetland? Yes_ No_

Remarks: Location (describe) is/is not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlands Delineation Manual.

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)

)/z
.J4~

SOILS

Project I Site:
Applicant I Own r:
Investigator:

Date: /2 (;fz. j
County: t7.. 'L
State: /'-1[/

Do normal circumstances exist on the site?
Is the site significantly disturbed (Atypical situation)?
Is the area a potential problem area?
(explain on reverse if needed)

Yes V NO~
Yes_ No~
Yes_ NO~

Community 10:
Transect IDJi::
Plot 10: 2.

VEGETATION j/J A-Y~
';'\/

Dominant Plant Soecies Stratum Indicator Dominant ant Soecies Stratum Indicator

~:~~~"- --r ~ 9.hf,4rM,-Y -fk-
~~~;i~~ t ~ ~!~ ~ ~~
~~~;~~a ~ ~ ~i~r~~ ;:~~N ~ ~:

Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-).

Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are/are not
Classified as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken...

HYDROLOGY

_ Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other

Wetland Hydrology Indicators

No Recorded Data Available

Primary Indicators:
~ ~ndated
...:.LSaturated in Upper 12"
WaterMarks
Drift Lines
_ Sediment Deposits
_ Drainage Patterns in Wetlands

Field Observations:

--

(in.)

Secondary Indicators:
_ Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
_ Local Soil Survey Data
FAC-Neutral Test
_ Other (Explain in Remarks)

Depth of Surface Water:

Depth to Free Water in Pit:

Depth to Saturated Soil: ~ ~
I~/

(in,)

(in.)

Remarks:

SOILS

Jib

Map Unit Name I-
(Series and Phase): VMY'-

Drainage Class:

'NO

Taxonomy (Subgroup):

Confinn Mapped Type~ No_

Profile DescrlDtlon:
Depth
(inches)

0--8
8 -I2/'

Horizon
A
J6

Mottle Colors
'Munsell Moist)

Mottle
Abundance/Contrast

/(J1}4q--"

I~

Hydric Soil Indicators:

Histosol
_ Histic Eplpedon
Sulfidic Odor
_ Aquic Moisture Regime
_ Reducing Conditions
_ Gleyed or Low-Chroma Colors

Concretions
_ High Organic Content in Surface Layer in Sandy Soils
_Organic Streaking in Sandy Soils
_Listed On Local Hydric Solis List
_Listed on National Hydric Solis List
_ Other (Explain in Remarks)

Remarks:

WETLAND DETERMINATION

Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?

Yes V No-+-
Yes No~
Yes_ No~

Is the Sampling Point
Within a Wetland? Yes_ N~

Remarks: Location (describe) islis not classified as a wetland based upon the criteria set forth in the 1987
Army Corps of Engineers Wetlands Delineation Manual.