20071207 Ver 2_Initial Interest_20081017

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INITIAL INTEREST IN PARTICIPATION IN THE EXPRESS REVIEW PROGRAM
WITHIN THE 401 OVERSITE/EXPRESS PERMITTING UNIT
February 8, 2008
Version 5
Applicant Name: Wesley Village Development, LP 's w, ?G? ?
Applicant Address: 1001 Morehead Square Dr. St. 250
Applicant's phone number: [phone] Fax number: [phone]
Applicant's email address: [e-mail] 1
Consultant Name (if applicable): LandDesign
Consultant address (if applicable): 223 North Graham Street Charlotte, NC 28202
Consultant's phone number: [phone] Fax number: [phone]
Consultant's email address: dklausman(cDlanddesi ng com
Type of action requested under the Express Review Program (check all that apply):
? 401 Water Quality Certification ? Stream Origin Determination
? Isolated Wetland Permit
? Riparian Buffer Approval
? Riparian Buffer Minor Variance
? Coastal General "Major" Variance
# of Determinations Requested
? Intermittent/Perennial Determination
# of Determinations Requested
? Non-404 Wetland Determination
# of Wetlands
X Stormwater Management Plan (this fee is not additive when approval is combined with 401 Cert.)
2 # of Drainage Areas/Project Site
Name of Project: Wesley Village County: Mecklenburg
Site Location (DM.MM) - Latitude: 35°14'01 Longitude: -80052'11 Total project acreage: 20.98 (acres) Total built out impervious area: 15.52 (acres)

Nearest Named stream + River Basin (from USGS topo map): Stewart Creek
Please provide a brief description of this project (attach site plan if available):
The proposed development referred to as Wesley Village is a Multi-Family site that will contain 301 units
in the first phase of construction. The first phase will have a total site are of 9.88 ac. The site development proposes 245
If of stream disturbance. The project has been permitted and approved through the City of Charlotte, 401 Water Quality
Certification (DWQ #07-1207). Development on Phase 2 is unknown at this time but will consist of Multi-Family Units.

Please attach a map of site location using USGS 1:24,000 topographic map and County soil survey.
Location of project site - please include reference to the county, nearest named town and street name or highway number:
This project is located on the corner of Freedom Drive (SR #2886) and Thrift Road. Wesley Village is located in
Mecklenburg Coun1y inside the City of Charlotte limits. PIN# 07104110 and 0710411
Proposed impacts:
Acres of 404/401 wetlands
Acres of non-404 wetlands
245 Linear feet of streams
Linear feet of isolated streams
Square feet of protected stream buffers
Has consultant or applicant attended any DWQ-sponsored training sessions in the past two years? If so, please list which
ones. No
Has any DWQ staff visited the site? No , if yes, please provide DWQ staff name,
and date of visit:
Which other environmental permits from other agencies will be needed for this project? Please list the permits and issuing
agencies below:
NCDWQ:401 Water Quality Certification (DWQ#07-1207) - attached
Usage: General Permit Verification (SAW-200702249-390) - attached
City of Charlotte Subdivision and MUDD approval
Is there local government implementation of a State-mandated stormwater control program on your site? No
(If yes, please state local government and implemented program (ex. Town of Wake Forest, NPDES Phase 2):
Does this project require approval under the SEPA or NEPA? No
Is this project an After-the-fact application or has this project received a previous Notice of Violation from DWQ?
No
Does this project require approval of a Variance from the NC Environmental Management Commission? No
Are you aware of any local controversy concerning this project? If so, please describe the controversy and any
measures that have been taken with respect to public involvement.
This form must be submitted via email (c/o 401express a-)ncmail.net), faxed (919-733-6893), or hand-delivered to:
Parkview Building, 2321 Crabtree Blvd. Suite 250, Raleigh, NC 27604. Applicants who are selected to participate in the
Express Review Program will be notified via email or fax. Successful applicants will then be instructed regarding detailed
procedures for full application (Note: Submittals of the review packages on Friday after 12:00 pm will be stamped as
received on the next business day).
Please contact Lia Myott or Joseph Gyamfi at 919-733-1786 if you have any questions regarding this form.
O?O? W AT ?RQG
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Mr. Carter Siegel
Mr. Dan Cimagilia
1001 Morehead Square Dr., Ste. 250
Charlotte, NC 28208
Michael F. Easley, Governor
William G. Ross Jr., Secretary
' N nr Carolina Department of Environment and Natural Resources
Coleen Ft. Sullins, Director
Division or Water Quality
August 6, 2007
DWQ# 07-1207
Mecklenburg County
Subject: Wesley Village, Thrift Road
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Siegel and Cimagilia:
You have our approval, in accordance with the attached conditions and those listed below, to impact
245 linear feet (If) of unnamed stream to Stewart Creek in order to construct Wesley Village in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on July 12, 2007.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3631, which can be viewed on our web site at httl2://h2o.enr.state.ne.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter, and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are
not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
3. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that
you wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a restoration
fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the EEP to meet the following
compensatory mitigation requirement: Ow
arolina
N Ci[rall;
?f
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet ncwaterquiaiiy.org FAX [phone]
An Equal opportunitylAlfinnallve Action Employer- 5T/h Recycled/10% Post Consumer Paper
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 245 feet Catawba 03050103
Wetlands acres
Waters acres
4. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed
in the streambed, unless approved by the DWQ.
5. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or
erosion of the stream banks.
6. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local delegated authority) within 60 days of the issuance
of the 401 Water Quality Certification. The storm water management plans shall be approved in writing by
this Office (or delegated local authority, a copy of the approval shall be submitted to DWQ) before the
impacts specified in this Certification occur per Condition No. 4 in GC No. 3631. You have the option of
using the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The storm water
management plan must include construction plans, specifications, storm water BMP worksheets, and
supporting calculations. The storm water best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent version
of the NC DENR Storm water 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 storm water management plan (as approved by
this Office) shall be implemented. The structural storm water practices as approved by this Office 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.
7. 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
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
8. Sediment and erosion control 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 two months of the date the Division of Land
Resources has released the project.
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality.
Continuing Compliance. The applicants (Carter Siegel and Dan Cimagilia) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a designated
or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public
07-1207
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, Messrs. Carter Siegel and Dan Cimagilia has permission as
outlined below to impact 245 linear feet of stream in order to proceed with the improvements at the facility in
Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Thrift Rd., Charlotte
Mecklenburg
Catawba (03050103)
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.
Note: Linearfoot 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 15A NCAC 02R.0503(b).
Impacts:
245 linear feet of stream
Mitigation:
245 Linear feet of stream
Mitigation:
245 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated June 5, 2006, the EEP indicated that up to 600 linear feet of stream mitigation would be
conducted by EEP if available within the cataloging unit. More may be required if mitigation is required outside
the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS
BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section
404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
1W-'&
?W-Xgc'
for Coleen H. Sullins
Attachments: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
Tamp Bandy, WNRC
Certificate of Completion
DWQ Project No.
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Wafter Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certifwation
Date:
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Registration No.: Date:
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-02249-390 County: Union USGS Quad: Charlotte East
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Wood Partners Attn: Daniel Cima lia
Address: 1001 Morehead Spuare Dr. #250
Charlotte, North Carolina 28203
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Wesley Village development
located on an approx. 21 acre tract off of Thrift Road after crossing Stewart Creek. near Charlotte
Description of projects area and activity: Impact 245 LF of a UT-Stewart Creek for the purpose of
accomodating the construction of the above referenced development.
MITIGATION:
In order to compensate for impacts to 245 linear feet of stream, the permittee shall make payment
to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by
the NCEEP sufficient to erform the restoration of 245 linear feet of warm water stream in the
Catawba River Basin, Cataloging Unit 03050103
Construction within iurisdictional areas on the property shall begin only after the permittee has
made full Payment to the NCEEP and rovided a colpy of the Payment documentation to the Corps
that it agrees to accept responsibility for the mitigation work reauired, in compliance with the
MOU between the NCDENR and the Corps of En ineers Wilmin on Distric dated November 4
1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended, or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e. are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within 12 months of the date of the nationwide's expiration, modification, or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Mr. Steve Chapin at [phone] x224.
Corps Regulatory Official Steve Cha in Date: August 14, 2007
Expiration Date of Verification: August 14, 2009
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete the attached Satisfaction Survey or visit
http://www.saw.usace.anny.i-nil/WETLANDS/iiidex.htm] to complete the survey online.
Copy Furnished:
WNR (Justin Karriker)
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Date: 10/15/08 Wesley Village
scale: 1. = 300' Phase I L
Project #; 1006276
Wesley Village Development, L.L.C. 223 NG-Serve[ Ch.H.-.NC 28202
Sheet fl: v: 208.3310325 r. 2a.n2.3xts
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