20030243 Ver 1_Individual_20030304

03 Q243
Berewick Commons Parkway
A Major Thoroughfare
From Shopton Road West (SR 1116)
To Dixie River Road (SR 11 SS)
Through Berewick
Charlotte, North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
WETLANDS 1401 GROUR
MAR ~ 4 2003
WATER QUALITY SECTION
Prepared For:
Mr. Charles Teal
Pappas Properties
4201 Congress Street, Suite 465
Charlotte, NC 28209
Prepared By:
LandDesign, Inc.
223 North Graham Street
Charlotte, NC 28202
704-333-0325
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE and NCDWQ
Date: 3/2003
1

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
[/]~ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
~] 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ^
4. If payment into the North Carolina 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:
If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. Charles Teal
Mailing Address: Pappas Properties Inc
4201 Congress Street Suite 465
Charlotte NC 28209
Telephone Number: 704-716-3900 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704 846 0461 Fax Number: 704 847 0185
E-mail Address:
Page l of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Berewick Commons Parkway -See Thoroughfare Plan
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
Road is a thoroughfare connection between Shopton Road West and Dixie River Road
5. Site coordinates, if available (UTM or Lat/Long): labeled on attached USGS map
(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): Approximately 16 acres within Right-of--Way
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Beaverdam Creek
8. River Basin: Catawba River (Lake Wylie)
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Timbered woodland in early succession and former
agricultural land.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used:
Implementation of Berewick Commons Parkway and the construction of two road crossings
11. Explain the purpose of the proposed work: Implementation of Berewick Commons
Parkway to connect Shopton Road West (SR1116 to Dixie River Road (SR 1155)
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Wetland delineation was certified b~Steve Chapin of USACE.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional permits are not anticipated for Berewick Commons Parkway. Impacts if any on
adiacent parcels to the proposed road are erected to be minimal and eligible for Nationwide
Permits These properties are subject to the Lower Lake Wylie Watershed requirements and/or
NCDENR regulations per the 401 WQC whichever is greater
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
Page 3 of 8

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: Two road crossings over
important intermittent and perennial streams.
2. Individually list wetland impacts below: NO IMPACTS TO WETLANDS PROPOSED
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not hmrted to: mecnanized ciearmg, graamg, mi,
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 htt~p://www,~fema.s=ov.
*** 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:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(please specify)
A NWP#14 130 if UT of Beaverdam CK 6'-8' Perennial
B NWP#14 150 If UT of Beaverdam CK 6'-8' Int to Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: cwvens and associates np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary} to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 4 of 8

www.uses.eov. Several Internet sites also allow direct download and printing of USGS maps (e.g., ww~~~.to ozone.com,
www,m~e uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:_+ 280 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact

Site Number
(indicate on ma)
*
Type of Impact Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
lake, pond, estuary, sound,
(
ba ,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 N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The alignment crosses the creeks at perpendicular an>;les. The location of the ali~mnent was
modified to avoid a crossing of a lar e rg_ iffle pool complex and confluence of two streams. Initial
planning indicated a crossing of nearly 300' prior to re-evaluation of the plan by the owner,
engineer and wetland/environmental consultant
Page 5 of 8

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - 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 USAGE 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:!/h2o.enr.state.nc.us%newetlands/strm;~ide.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.
The owner is proposing to contribute $35 000 to the NCWRP (280 if X $125)
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 htt~://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): +280 if
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 6 of 8

Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No ^
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ^ If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone 'L extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Page 7 of 8

Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
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 surface waters and wetlands
downstream from the property.
Berewick is subject to the Lower Lake Wylie Watershed requirements and/or NCDENR/DWQ
requirements of the 401 WQC whichever is greater.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Charlotte-Mecklenbur~Utilities
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit a plication?
Yes ^ No [~
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
_ 3 z b3
Applicant/Agent's Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

LEONARD S. RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
March 2, 2003
Mr. Steve Chapin
US Army Corps of Engineers -Reg. Field Office
151 Patton Avenue -Room 208
Asheville, NC 28801 - 5006
Mr. John R. Dorney
Division of Water Quality -NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Mike Parker
NCDENR -Division of Water Quality
919 North Main Street
Mooresville, NC 28 ] I S
Re: Berewick Commons Parkway -Segment through Berewick, Charlotte, Meck County, NC
Dear Sirs:
On behalf of my client, Pappas Properties, I am requesting the eligibility to utilize Nationwide Permit # 14
for two separate crossings of creeks. As part of the rezoning requirement, the developer is required to
construct the segment of Berewick Commons Parkway through Berewick. Berewick Commons Parkway is
depicted on the Thoroughfare Plan for Mecklenburg County. As discussed, each road crossing will be
designed to minimize stream impacts to the extent feasible. The alignment of Berewick Commons Parkway
was altered slightly to avoid a riffle pool complex stream and a confluence of two streams in the planning
process. The proposed alignment avoids impacts to bottomland hardwood wetlands and utilizes existing
road crossings to the extent feasible. The overall master plan for Berewick has been approved based on
extensive analysis and public involvement over the last several years. Substantial investments have been
made for several years including site planning, marketing, land purchase, rezoning, survey and.
environmental studies, etc. Over 97% of the nearly four miles of streams on the site will remain
undisturbed. Over 98% of the wetlands including all of the extensive bottomland hardwoods will remain
and protected with common open space and regulated stream buffers. The developer is proposing to utilize
the NC Wetland Restoration for the required stream mitigation. Stormwater management for the Berewick
Project will be designed and implemented to meet or exceed City of Charlotte requirements and/or
NCDENR requirements, whichever is greater.
Site Specific Information
The site is within the Lower Lake Wylie Watershed of the Catawba River Basin -Water Classification C).
The majority of the site is moderately sloping to steep agricultural land and timbered woodland in
secondary succession. The forested and scrub/shrub riparian areas are dominated by Facultative, Facultative
Wet species. Trees include willow oak, green ash, red maple, black ~iilow, alder, silky dogwood,
spicebush, and sweetgum. Understory and herbaceous strata includes smilax, microstegium, sedges, soft
rush, and others. Herbaceous and scrub/shrub vegetation is more

Mr. Steve Chapin -USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 3, March 2, 2003
dominant in areas subject to constant saturation or flooding, and areas in earlier succession. Monacan soils
may have hydric inclusions according to the Natural Resource Conservation Service, Technical Guide-
Section II-A-2, June 1991.
Summary of Waters of the U.S.
Wetland delineation was conducted to determine the actual extents and surveyed for planning and study
purposes.
Methodology
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined
according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with
Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA
Soil Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology must be identified as described in the manual. The wetland boundary and surface waters were
identified in the field by Leonard S. Rindner, PWS and were reviewed and verified by the USACE (Steve
Chapin). The approved map has been used for planning and potential permitting purposes.
General Wetland Classification and Descriation
Extensive areas of bottomland hardwood wetlands are located within the Beaverdam Creek floodplain.
These riparian areas can be classified as Palustrine Forested Broad Leaved and Scrub Shrub (PFO 1 A,
PFOIC, PSS1A). According to the North Carolina Resource Conservation Service, Technical Guide-
Section II-A-2, June 1991, Monacan soils are listed as Map Units with inclusions of Hydric Soils in
Mecklenburg County. The streams on the site are perennial to intermittent. The majority of the streams
have important aquatic value. Characteristics include persistent pools, riffle and pool complexes (a "special
aquatic site") in the perennial streams, fish in the lower portions, amphibians and macro-invertebrates;
evidence of wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate. Vegetation in
riparian and along tributaries is dominated by Facultative Vegetation.
Vegetative Communities
A majority of the site is in various stages of old field succession from formerly farmed areas and woodland
in succession from timbering activities.
Bottomland Hardwood/Headwater Forest
The Bottomland Hardwood and Headwater Forests on this site have developed in the moderately sloping
drainage ways. Species, which occur in these areas, include tulip-poplar (dominant species), sweetgum, red
maple, hackberry, red oak, ironwood, and other typical species that tolerate these wet and shallow root
conditions. Common understory trees and shrubs include dogwood, and black cherry. Invasive species such
as privet and Russian olive are prevalent. Woody vines include poison ivy, and greenbriar. The herbaceous
layer is variable based on exposure to light. Species include sedge and rush species, jewelweed, and others

Mr. Steve Chapin -USACE, Mr. John R. Dorney, Mr. Mike Parker -NCDWQ
Page 4, March 2, 2003
Open Field
This includes all cleared non-wetland areas dominated by herbaceous plants. These have been periodically
mowed and are dominated by pasture grasses and perennial herbs including broomsedge, goldenrod, and
bush clover. Other areas have been undisturbed for longer and are in transition to dominant species such as
blackberry, greenbriar, redcedar, pines, and. saplings.
Mixed Forest
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is
characterized by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas
may have a predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly
pine, with eastern redcedar. Hardwoods include pine, sweetgum, red maple, red oak, white oak, tulip poplar,
hickory, and other common species. The subcanopy contains saplings and seedlings of canopy species.
Other subcanopy species include black cherry, holly, dogwood, elm, and privet. Woody vines common in
the understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wetlands• Southeast (Reg'on 2), US Department of the Interior, Fish and Wildlife Service.
Jurisdictional Waters of the U.S. and Description
Crossing #A - Road Crossing
1) Perennial to Int. Streams (+ 130 lf) + 0.02 acres
Total Jurisdictional Waters* + 0.02 acres
Crossing #B -Road Crossing
1) Perennial to Int. Streams (+ 150 lf) + 0.03 acres
Total Jurisdictional Waters* + 0.03 acres
Results of Preliminary Discussions with USACE and the NCDWQ
The developers are committed to creating an environmentally responsible proiect. The plan and
commitments made in this section reflect a positive response to the prelimmary discussions, determinations,
and concerns of the regulatory agencies. Except for temporary construction and development impacts, we
believe that the proposed project with the proposed mitigation will not cause significant cumulative impacts
to the ecological functions or values of Jurisdictional Waters of the United States.
Overall Proposed Impacts for Dixie River Road Thoroughfare
Perennial to Int. Streams NWP #14 (280 linear feet)
+ 0.05 acres
Total Jurisdictional Waters* + 0.05 acres

Mr. Steve Chapin - USAGE, Mr. John R. Dorney, Mr. Mike Parker -NCDWQ
Page 5, March 2, 2003
Minimization of Construction Impacts
The following Best Management Practices will be employed to minimize impacts to Jurisdictional Waters.
These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Methods to prevent short-term impacts will be inspected regularly and maintained during
construction of the project.
d) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.
e) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
MITIGATION PLAN
The mitigation plan is proposed to minimize the loss of stream habitat by the proposed road crossings.
Road crossings requiring multiple culverts will be designed to maintain unimpeded normal flow through
one of the culverts.
Stream Mitigation
To meet restoration mitigation requirements for stream impacts by grading, the developer is proposing to
contribute $35,000 to the North Carolina Wetland Restoration Program (280 if X $125/If).
Storm water Management
Stormwater management for the Berewick Project will be designed and implemented to meet or exceed City
of Charlotte requirements per the Lower Lake Wylie Watershed requirements and/or NCDENR
requirements, whichever is greater.
PROTECTION FROM FUTURE DEVELOPMENT
Development of the protected areas will be deed restricted. Restrictive covenants or similar mechanisms
will be developed for approval by the USAGE and/or NCDWQ.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The U,S Fish and Wildlife Service has identified Schweinitz's sunflower
and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields,
margins, and forested openings. Based on a site reconnaissance, habitat conducive to support the
Schweinitz's sunflower is not present in the proiect area. The Carolina heelsplitter is a freshwater mussel,
which prefers shaded areas either, in a ponded portion of a small stream or in runs along steep banks with
moderate current. Primary habitat is waters less than three feet deep with a soft mud, muddy sand, or shady
gravelly substrate. It is normally restricted to protected silted areas or under banks especially associated Mr.

Steve Chapin - USACE, Mr. John R. Dorney, Mr. Mike Parker - NCDWQ
Page 6, March 2, 2003
with obstructions such as stumps or fallen trees. Its current distribution according to the US Fish and
Wildlife Service is limited to portions of two streams -- Goose Creek and Waxhaw Creek -- and a small
river originating from rural areas in Union County. Therefore it is not expected to occur on this site.
AQUATIC HABITAT
The aquatic systems in the project area consist of tributaries in the Catawba River Basin. A variety of
wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control
plan will be maintained. during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. The Carolina Darter (Etheostoma Collis) is a fish that
inhabits small streams such as those found in the project area and may occur in Culvert Branch. This
species has a federal status of Proposed Special Concern and a state status of Special Concern. The species
prefers small clear streams of less than 15' width with moderate to swift current and asand/gravel benthic
composition. It apparently tolerates a wide range of water quality conditions and vegetation types adjacent
to the streams and appears resistant to pollution. Therefore, strict adherence to an approved erosion and
sedimentation control plan will be maintained during the construction period in order to control degradation
of water quality.
CULTURAL RESOURCES
The project site is disturbed from previous agricultural activities. No structures were found on the site. The
State Historic Preservation Office has been notified regarding the project area. In response to a request for
more information from the SHPO, an additional study was conducted and submitted for concurrence to the
State Historic Preservation Office.
CONCLUSION
The development will provide important economic benefits to the region. Based on the value of the
jurisdictional waters and wetlands on this site, the developer has chosen to balance the site's economic
viability with its environmental value and permitability. The goal of the Site Plan and Mitigation Plan is to
help balance the environmental consequences of this development by protecting waters and downstream of
the project and providing funds for the restoration of streams in North Carolina.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Leonard. S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist

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POLARIS
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FINAL ~E~l~N ClF ~:~AC~ C~~D~SINCS 1MILL HE
®ESIGNEQ~ IN ACC®I~E~ANCE WI~1-! SHE F®LL~1AtlNG
FE®EF~AL ANC S~o~~E ~®N®!~lQNS
e. For all NWPs that involve the construction of culverts, measures will be included
in the construction that will promote the safe passage offish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
~""~-._
Approach Fill
Calvert buried
be]ow stmambed
to appropriate
Stream depth
Bottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.

3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
a. Natural channel design must be applied to the maximum extent practicable for
stream relocations. The N.C. Wildlife Resources Commission and the N.C. Division of Water
Quality provides Guidelines that are available to assist in the planning and design.
b. Bank-full flows (or less) shall be accommodated through maintenance of the
Appmack Pill
Roadway
,,.~,:.~. be]ow streambad
to appmp:iate
Ba$let Stream depth
Blockage Bottom
existing bank-full channel cross sectionalarea. Additional culverts at such crossings shall be
allowed only to receive flows exceeding bank-full.
c. Flows exceeding bank-full shall be accommodated by installing culverts at the
floodplain elevation where adjacent floodplain is available.
d. NWP 14 cannot be used for private projects located in tidal waters or tidal wetlands.
e. The activities associated with NWP 14 require apre-construction notification if they
will result in the loss of greater than 150 total linear feet of perennial streambed or intermittent
stream that exhibits important aquatic function(s).
Approach F>71
Elevation
9. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless
it can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested to do so in
writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed
across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be
provided to maintain the natural hydrology of the system as well as prevent constriction of the
fioodway that may result in aggradation, degradation or significant changes in hydrology of
streams or wetlands;

~~~ ~~Ei~~ X30 9~~Gl~iff~~It~IC ~~~16~~~i=~ F~~Bt~~ ,~Cf~A1=T :u: rew ~e~ eree, r.v~e~~~nv~y
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Steele Creek/Dixie-1Berryhcil.
Master Planned Cammuo.ity
'Oevelapmegt Notes
This petitiop .proposes the development of a master planned community eontaiining
a mixtare of residential, employment, retell, aad apeq space uses orgahi~ced around
a aewlp created Towa Canter. Tlats concept has bean develgped to furtber the
ob,jectlveg ttf the adopted Westaide Strategic I'laa soil. to be consistent with the
etaerging DixiaDerryhill Plan. It Incorporates the extensiop of needed
tborougbfares and a .realtgament otportions otDiacie River Ad. through a portloa ot.
the site. It has been designed taking into account the difttcult topograpb.y cammoa
to this port of the county aad has lacorporated open space c~emeats to protect
enviroarnentally s,sat»Itlve areas. It will provide far a variotX of resideabal types aad
dansltles, wiW bigber densities facased in the Town Center aad lowdr d.easittee
trensitionibg to the existlag community fabric. It creates an opportunity for
Meeklen.burg County tv develop a significant district park well situated to serve the
new residea#s of this development the as well as entire DiYieT;Berryhlll community.
1. Development of the site will be controlled by tk-e standards depicted on. this site
plan axtd by the standards of either the Charlotte Zoiung Ordinance or the
Mecklenburg County 7.oniag Ordinance, which ever shad havo jurisdiction on the
portion,e of the sits within, the respeetivo geo~caphical arias. The development
depicted on this plan is intended to reflect the arrangemektt ofproposod uses on
the site, but the exact conf gttratian, placement, and size Hof individual site
elements maybe altered or modified within. the limits prescribed by the ordinance
during the dosign development aild construction phases. This proposal is irttapdod
to enable the development of a master planned community cgmposod of xetail atxd
service uses, employment and of~icc uses, multifaxaily housing, single fanuly
attached, zu~,d single family detached housing intercownegted with ages space,
pedestrian, and vehicular linkages.
2. The site may be developed for any use allowed iirt the GC district as allowed by
the ordinance in accordance with the standards of that district at-d the xestrictiolts
of this site plan as noted below. The Petitioner will construct a rnixed-use
deyclopmdnt in geaorsl canforraity with tho schematic plan with a special
emphasis on the new intersection of Steele Creek Rd. anc~ Shopton ltd. West to be
constructed within the site. This emphasis will also bo aceomplislaed thxou.gh tho
use of reduced setbacks and arrangement of buildings at the intersection to foe~as
attentiozt at the center. of the site. Furtb.er, th.e Petitioner will provide pedestrian
connections frotu within the site to other site elenaepts and uses s+nd to public
sidewalks, balar~oing th.e Head for velaaCUlar as well as pedestrian access, T`he
Petitioner may place xetail uses within offcc buildings o[t tho sift as well as
within the retail center in ordeu to fiixrther the mixed~use mature of the site. Retail
floor area lreated within office btuldiage will not be coumted toward the total,
retail tl.aor area ]ocatod ol,sewhere on the pity. Any sucks. Persil space will be
linalted, to 75% of the :first floor area of the building and may only be located :in
multistory buildings of at least 15,x00 square feet of total floor area.
B/l 'd OZ69~aN ~ONI N91S3QaNdl Wdtil~h ZOOZ ~Zl~atW

F ~8-14-e~0~ 09:50 FROM: WHF'F'H5 F'kUF'tK i 1t5 r1b ,sy3y i u: rd4 5~5 8700
3. Residential densities may vary in different portions of flee site in keeping with the
various dwelling types, Hawover, within the CC aroa of the site the residential
density shall 6e controlled by the standards afthat district and the density of. th.e
arena within. tkte MX~ 1 portion of the site will be limited the number specified by
this site plan. Residettial uses ~-ay be located within any partian of the site
inFludiug retail,attd office areas as a mixed use on the site erns within mixed use
structures. Retail uses within the Town Center portion of the site may include
uses such as supermarket, general merchandise, hardware, business sotvices,
batiks, civic, dry cleaners, personal se~cvi,ees, restauranx, gas station, ar similar
uses designed and intended to serve.not only the residents in this mixed-use
community, but the residents in the sunrauuding areas as well. The uses that may
locate ozt ao out parcel will be designed as earl of tlia avcrall development in
terms of consistent landscaping, sigoage, and architectural style. Mote than one
use or type of use mar locate oA atx out parcel so long as the uses are located
within the same structure. Within the Town Centex area, the Petitioner will
establish a.tnastcr owners association that will develop anal administer site sad
building design standards that will guide the desigia and development of uses
wit'hau the'.Cvwn Center area. ?he ~'etiti.onex will use their best efforts, thmugh
the development of these design standards, to articulate and/or otherwise design
the facades of buildings that front aloz-g and directly relate to the thoroughfares
that pass through the site. T}ais cotnmihnent recognizes the need to create an
attractive ar~d pedestrian friendly streetscape anal applies to all sites with
sttuetuxes, but riot parking areas, that directly adjoin the pedestrian areas along the
thorougllt.'ares,
4. Buffer areas and project edges will be developed in accordance with Sect. 12.302
and Sect. 9,805('n(e) respectively. Required buffers anal project edges on the site
may be elitrdnated or reduced if the adjoiaaing parcels are rezoned such that
buffers or project edges arts too loiagor wired or. if tU.o xonittg jurisdiction fez the
property changes so that buffers would not be required by the Ordinance of that
jurisdiction.
S. Stormwater detention facilities will be designed to meet the applicable standards
of Charlotto/Mccklenburg Stormwater Services.
6. Any detac.hed'lighting on. the site will be limited to 30 feet in height.
7. Si.gnage will be permitted in aecordan.ce with applicable Zoning standards.
Signage for the site will bo designed as part of a master signage package to ensure
a uniform, appaaraace and compatibility throughout the site. ATo freestanding pole
signs Will bo porrnitted. Signs for office uses witiiitt~ tho'~own Center will meet
ot'Rce district sign standards and ou.t parcels will utilixo grouted mounted
(tnonuanen.t) type signs, Pylon signs may be utilized to identify the project sad
tenants within d~.e project.
P,003~009
8: 'Parking will ba provided which. will. rrasot or exceed the sta~.idards of the Zoni.tig
ordinaneo, Parking areas to serve uses on, rho site will be sited generally toward
8/Z 'd EZ69'~N '~NI N91S340Nd1 Wd9l~~ ZOOZ 'ZI~a~W

h{~l-J,4-~IQ~ I~y:51 FFZUM:NHF'NH5 1-'kUF'tKlltS (lb .Sysy IU: (t~4 5~5 !i(IJd F'.4~b4il~l~`/
the center of development sites so Chat buildings rrtay orient to either, internal or
external sixeets.
9. 'The Petitioner will dedicate 70' of right-of way £or tho now alignments of Steal.
Creek Rd. and the eXlensi.on ofNew Shaptan Rd. West that falls on the site as the
site develops or in conjunction with a publicJpri,vate venture for tl~.e coxxsttuctioa
of any or all of thoso roads. I£the_MUMpO detennines~tbat the oxistiag
proposed tllorou. are aHgnnment is to be relocated to mother alignment -then the
Petipg~eX3nay reduce the Now Shogton Rd. right-of way fio 60' The Petitioner
will construct, ss part of the development of the site, th,e exteztsion of Sh.opton. Rd.
Went as part ot'the overall thoroughfare system £or the area. The Pedtioxtcr. will
also dedicate additional right of way for any portions of any existing public
streets that tray retllai~ witbio, or adjoin the nits as xtotmally prescribed by and.
admitiatered wader the M~Jclenbuag Caunty or Charlotte Subdivision Ordinance,
which ever has jurisdiction over the property at tine time that the particular
properly is proposed for development. The petitioner reserves the .right to seek the
abandonment of existing public streets that may fall within. th.e site if those streets
are trot needed far the devoloptt~ent oftl~e site. Zn. the design ofthe Town. Cottxex
area of the site, the Fetitioner will. provide for a combin.~iiorr o£connected streets
and intersections, including conventional signalized and/or non-signalized
intersections as well as other interseetiora configurations such as traffic circles or.
roundabouts, ywitlt rb.e i~atent of. maintaining a two lane Dross section. with
appropriate turn lanes for the twa main atYeeta and creating circulation options
through the Town Centex. Th.e Petitioner also reserves the right to construct on-
stceetparking along both public ~d private atxeets that may :include parallel,
attgle~, or reverse angled spaces. The Charlotte Dep meat of Trans~rtation
pyi have the ri . t to approve reverse angle parking_on. New Shopton Rd. throueh
>'he towxt center ~, ~e evert t reverse ag~ale narkin¢ is •unacce„ptable th,e
.~ ,
Petitioner will have the ri t to build parallel parking:
The Petitioner will, through the subdivision and site development process,
dovolop a sarias of interconnections betweett various components of the overall
site that will provide for increased connectivity within and through the
development. I~owever, the Petitionez reserves the rigk~t to develop such
connections in a fashion that will not be overly costly {such as stream crossin68)
or khat will not be disruptive to the development (such. as connectictg noza
residential uses td residential uses so as to create cut through traffic). The
Petitioner will provide stub street connections to adjoining tracts where the
anticipated uses are oxpected to be complimentary to the uses on t&e Petitioner's
site.
7~e patii~~e , ll aexee to provide mast arms and conduit within flee town center
area ~, ~e oveai flee nroiect i9 onnexed by iMe Ci~v of_Charlotte then the
~gpalion c~o~ will be borne by the City of Char otte 1'f the project is outside
tie city limits the city will not be resvo~s~ble for tiuidine and the Bost will be the
rg~onsibility of the nedtioncr ldtlle~s other arran$eme<,cs hayO been made with the
T~,ortb Carolina Department of Trans~oatation.
9/E 'd EZ69'~N '~NI N91S340N'dl Wd~l~~ ZOOZ 'Zl~atW

Htr~~i4-~ee~ a~;~~ FkuM:rHrr~ NKUrtkllt5
rrb sy.sy ~ u: ru4 5~ t~ rue N. uu5~uey
? o ~ otitioner will cons ct a t lane on exi.s ',r east ound Dixie River
Dad at ' Q iA#ecsactian with. Steele Greok Road The length of the turn lane will
be between 2S0' to 300' with a maxinautn gavement w,~dth of eleven feet Tlie
Petitioner will construct and farad ibe costs of right-of-why acquisition. dr~s~,~
related traffic coatrol. and 'off, of the tum lane 1•n the event that the
laetitio is unable to obtain the necessarv right-of-wav for this turn lane than.. tho
with the Phase TLI improvements as outlined in the Kubili~os 'l~an~o a~ioarx Group
phasine elan. In khe event that the City of ~~lott,~ o,S,,NC DOT rea,~gna and
reconstructs the existing Dixie River Reed anti 3teole Creek 'Road interaeotion
t~rior to th,Q Petitioner begj,~ing Dons tion of tl~e turn lame then the Petitioner
~~all contribute the Ruada that were to be utilized for the turn lane eonstrrictian to
the Ci or I~[C DOT for the reconstruction and rea~l'ge~e to of the intersection
Tt i.s expre¢sly~understood that the Charlotte ~e~~ t o •nsportatio~a will
i l e t d co act the r aired ublic tosses to effect the
~.TMPO consideration of the thoro'uthfare realignment to tike Garxi~on or tl~e
Die River. Road aliment by Decembor 31. 2001. Petitioner swill dedicalg
additional .ri.~ht of, wav and construct additional street imRrbveiucnts gonsistent
with the thorou hfare al' .meats ve O uant to fbe
Di7CleBerry_bill Plan. 'l,~le Petitioner will not be res~onsible for the cost of such
additional improvements acid the construction of any additional thorn fare
i~,provements will only be constructed at the time that the Petitioner is a ed ixt
the initial. construction of the partic,~tlarroad sogr~e~t.
10. Screexdpg will cgnfornn to the applicable standards of Sect. 12.303 of the Zoning
ordinance.
11, The site may be developed for any use allowed in the CC, Mx-1, O-2(CD), or 13P
districts in accordance with the standards of those districts and the restrictions of
this site plan. The area indicated as MX-1 North will be reserved £or tree as a
district park aid recreation facility to be developed in; coz-,junction with
Mecklenburg County and such reservation shall be in force until the earlier of 5
years from the date of approval of this Petition or •until lulec)denburg County
deter~x~ines that it will. not acquire the site fox a district park. The Petitioner
reserves the right to utilize rho area contained within the area defined as MX-1
North for residential uses as regulated by the standards of the MX 1 district if
Mecklenburg County elocts not to acquire the area, for park purposes.
12. yVithitt the CC (1'owtt, Confer} portien. of the site, the Petitioner reserves tho right
to itu:tease t~i© authorized number of residential units by converting authorized
retail. and/or office area to rosidex~tial unity at tli.e rate of. on.e residential unit for
eaola. 500 square feet of. retail. and/or office area so eonvexted. Fbrther, the
.Petitioner reserves the right to include up to 300 hotel roams vuithin the ?own
Center area, and to substitute residential cuiits from. the Town Gaiter Brea for
additional hotel rooms at the rate of one dwelling unlit for one hotel room, or to
R/b •~ ~1.fi9•oN ~~NI N~IS3QONti1 Wd9l~V Z00~ •ZI~a~W

DEB-14-2002 09:52 FROM:PAPPAS PROPERTIES 716 3939 TO: 704 525 8700 P, 006'009
substitute office floor area foz additiolul laotcl rooms at the rate of 30U~square feet
of office floor area for ottola hotel room, for up to l00 additional ,hotel rooms,
resultiaug in a total of 4Q0 hotel rooms witltix~, the CC district.
13. Within the MX-1 So'c~th area, the Petitioner reserves the right to construct either a
residents club, sirtglc family attached, or single family detached housing an either
of fine two areas depicted on the Technical Data andlor Concept Plan. sheets, .with.
the total number of such residential units so constructed n.ot exceeding the number
oFtotal residential unitspertnitted for the 1k1X-1 portion of the site.
14. The Petitioner reserves the right to transfer residential units .fcom the ~ 1
portion of the site to the CC portion of the site pxovidEd that the total. number of
tanits dons not exceed doe cumulative total for the MX-i area axtd the CC area and
further provided that the densities of development resulting from any such.
transfer do not exceed that which is allowed in the CC district.
1 S. Tla,v Actitioner reserves tk~e right to tzanafer office floor area within thc'~Cowrt
Center area (Parcel A) and floor area within the Business Par1c area (Parcel F}
between these two areas ou. a errs for one basis without limYtation, except that the
total atiuoun.t of. floor area permitted oaa, the two sites may not exceed the total
floor area assigned'to office devetoprneht in Parcel A and the floor area assigned
to Parcel. F combined. However, no such trrunefers wi..l1 be allowed to exceed the
1"AR standard within the ec district.
16. No wall parkas will be installed on. buildings within the site on any walls that are
adjacent to residentially zoned land or public streetrights-of way.
17. Access to the site will be provided by numerous connections to the newly
cottstrttcted streets within the site as ganorally depicted on, rho site plan. All
driveway ar-d street connections are subject to approval by N.C.DOT,
Mccklanburg County, or CDOT depetulira.g ort the jurisdiction,
l8. ALI. duntpsters on the site will be screened with a solid enclosure with gates.
~ Withixt the MX-1 portion of the site, the Petitioner will. construct a street network
with appropriate collector and other streets, all of, which will be reviewed as part
of the notrnal subdi:vipiom process. The Petitioner may utilize reverse frontage
along existing streets anal if so. will establish a cortumon open space uea of at
.least 30' to be 'used for landscaping andlor streetscape improvements and all lo't
lines for adjoining lots and the appropriate setbacks or yards will be measured
from, the inside edge of this common area.
~1, Tlis area designated as Area B on th.e site pla~i may be used for office uses, This
site may also he used :for a hotel not to exceed 150 roortt.s if say parcel that
adjoins th.e site is rezoxted to a retail district or to a district that would allow retail
or hotel uses that would adjoin, the site. In addition, this site will bE connected to
adjoixti.ng tracts as they develop if approved by tkta Plarnaing Staff and provided
Air ~~ c~Fa~o~ ~aNi N~iS~(ION71 Wd9l~t ZOOl ~Zl~aeW

f ttf' i H -CdbC l7'y ~ ~C h KUI"1= h'Hh'f'Hb I'KUYtK 1 its f lb J7J7 I U ~ ! lei ICJ d f dd F' . ~ ! ~ 1~`j
that tlic developers of the adjoi.iu>ag tracts agree to appropriate crass easeruent and
maintenance agreements. .
21. The Petitioner will. comply with the Lower Lake Wylie Watershed regulations. ' ~Ltt.
accordance vuith watershed regulations, the Petiuonor reserves the right to utilize
either of both. of the low density tund/or the high-d.e~ity watershed development
standards. Further, the Petid.oner reserves kh,e right to urttlize individual site or
larger area-wade storm water detention anal xa~anagexx~.az<t facilities, ponds, ar,.d
related facilities.
Z?. if any single-family residential development is constructed adjacent to the I-48S
,right-of way, a fence, wall, or berm. at least eight ;feet in height will be constructed
between the .residential uses and the right-of--way.
Z3. A pedestrian anal bicycle network to connect the various elements within the site
will. be developed as the various site el.ezx-ents are constructed.. Linkages will be
estabii,shed to coruiect buildings and uses an the site to this pedestrian network
14. Within th.e Town. Center area, the Petitioner reserves the right to pursue a variance
with regard to the required project edge where the BP distract adjoiaas the CC
district.
2S. Within th.e Town Center area the total am.ouat of retail floor area will be 250,000
scl. ft. and the retail door area far a single tenant structure will be limited to
85,004 agaare feet. In addition, th.e petiti.on.er will limit the number. of. out parcels
that nay accommodate "auto oriented" uses such as gag stations and restaurants
wifla. drive in windpws to a total of fl,ve. Further, the Petiti.ouer play add an
additiona125,000 sq, ft. of retail floor area witbiu the Town Center on the second
Apor of other structures uses £or retail 'use. T11e Petitioner inky reallocate up to
10% of th.e total retail floor area between the two "retail" qu.adrar~ts of the Town
Center at their disrxetion,. Building Heights will be limited to 75' measured tq the
bottom of the highest ?a.abitable floor. individual site development plans will be
reviewed by the Planning Staff for compliance with th.e cat~.ditaons of this plan.
2b. Within the MX~t portion o~1;11A Ait@, open space atea~ dopiatod on the site plan
represent the appmximato location. and Extent to tho arose set aside to meet the
open space .requirement of the distract. The exact location and extent of the apen
space areas will be dcteanin.ed through the detailed desigxl and subsequent public
review of developrneat plans. The open space areas waU be developed with a
coznbinati,on of active and passive recreation areas, trails, patlrwRys, and ether
ntnenities consistent with the purpose and provisions of this Fetirion_ ]~.rth.er, the
area devoted to open space will not be reduced through tbs Itir-.ovative Review
process.
27. The Petitioner acknowlodgos that the portion of the site (Pasoel C) located on
G~arrisou Rd. that is pmpased for the B'usincss Park district dons root presently
front on a th.oraugbfare. However, tl-e Charlotte Department of Transportation is
eva:lttatiag tlae thoroughfare needs for the area and the Petitioner believes that
R!9 ~~i f7,fi9~aN ~~NI N91S34aN~t1 WdLl~ti ~OOZ ~Zl~atW

1 LL! + 1 4..VVL VJ•// I 1\V11•. I'll 1 1IV 1 1\VI V\1 .A V•+ 1 ~v v~..IJ tv •v i .rw v~vv i c..c•v va.~
• ~ {\
Crarri,son Rd. wall, be d.esiptated as a thoroughfare providing for .north-soutP~
movemetat west ofI-485.1'he present, non-specific and non-engineered alignment
f)aat would bisect rho proposed district park is only orae of several alignments that
may be considered. Tf, iffier analysis and public discussioa~, Giatrison Rd., ox a
variation, of its present a]ignm~t, is not designated a's a tboroughfare, tfie
Petitioner will seek a rezoning of Parcel C to a distract consistent with the adopted
plena far the area The determination of this issue as before tt~e MUNIPU and will ,
be decided in the summer of 2001 and until that bane, the Petitioner. agrees that
the dscieion on the rezoning of Parcel C wi11 ba d.oferred.
Z8. Within tbo Business Park portion of the site, front loaded buildings will not be
permitted sad tlto arrangement of th.e uses on these sites will locate efface uses or
the office portion of mixed use buildings wi11 bo oriented toward tb.e street.
29. The Petitioner, in. conjunction with anal subJect to the approval of CMU'A, will
design the sewer lift station proposed far Beaverdam Creels with redundant safety
acrd overflow controls. It is recognized that the lift station will be btu3t, owned,
aatd operated by CMUD. The Petitioner wi1l,,provide a buffer and additional
screening at'oun,d the Iift station. con.sistirxg of tlae following itaxas: A 4' high berm
will be provided along the perimeter of th.e site as it faces Windygap Rd.;
evergreen shntbe2' to 2112' tall will beplanted on. the berm S feat apart with an
expected hoighL of b' slicer four years of growth; supplemental evergreen shrubs S;
tall at the time of iustal]ation with as expeoted height of 8' after four years of
growth will also be planted on the berm at a rata of 8 shrubs per 100 linear foot of
bentu.
30, The Petitioner will cooperate with Chazlatte IViecldcnbuxg Stormwater Services
sad Mecklenburg County Department of Enviz'onmemtal. Pmtecdon in regard to
erosion control and etormwater mattagemeat ftrcludxng: dsvelopmeatt of a
watershed management strategy for the entire site ulilizu~g water gt~lity
modoling; providing assistance with an inventory of existing conditions of
Brown's Covc (sediment level) and Beaver Dam Cheek; cooperating with
MCDBP by providing a dupli.oate water quality monitoring station to that
provided. by MCDEP, both to be maintained and monitored by MCDEP; arad
cooperate with MCDI?l~ in eroeiora control watershed protection education efforts
of contractors, builders, and homeowners.
31. Reasonable efforts shall he made to lianit the size of development areas, excluding
road, utility, and stormwater wutrol construction areas, to be exposed at a¢iy one
time and also to limit tbo o~posura to the shortest-feasible time, Specific gr'adirtg
plans iacI'ude at cut/fill analysis, the construction sequencing and construction
phaain.g to justify tl~e time and arn.ount of exposure. The plans shall specifically
identify teahtaiques to be used to prevent potential sedimentation.less associated
with larger disttu~bed areas.
32. Within the MX-1 poztioxt of flee site, the Petitioner, iaa. accordance u-{th t)ao
provisions of Section 11.208, "Iruxavative Development SCandaxds", .may propose
modifications to the falaowing standauds:
R~1 •~I C7R4~4N '1N1 N~iS~tl(1NH1 W:ill~tr ZOOl 'Z4~atW

', f CD'1`t-C/J/JC YJ7• JJ rfCUl'1: I"1'irrl"1J 1"RUI'CI'l t 1CJ
11D J7J7 IU• IYJY JGJ OIYJVJ I".YJYJ7'YJ/J7
• Stroot right-of--way widths,
• Street type and. consw,ction standards,
• Minimum lot size,
• Setbacks and yards,
• 'Off street parking, and
• Z.ot width..
Th.e Petitioner aclrnowledgea that the Tnx~,ovative process is a separate process that maybe
pursuefl a~or the rezoning ha$ been approved.
02/Z6/Ol ix-i.tial submission,
03/14/01 revision, of n.otc 4, addition of note 15, renumbering remaining notes
04/22/01 revisions per staff comments.
04/23/01 additional revisions per staff comments
05/31/Ol xevisiops der Zoning Committee approval (note 28 renumbered. as 30)
06/20/Ol, rovisions to notes 9, 20, 2S and 29, now ra,otos 30, 31 with, the l'ozznei npte 30
renumbered as 32
O5/26/Ol. addition to note 9
06/29/01 revisions to ,notes 30
07/1l,/O1 revisions per CDQT comments to note 9
B!B 'd £d69~aN ~~NI N91S340Ntl1 WdBl~ir ZOOZ 'ZI~a~W

SEE ITEM #30 REGARDING STORMWATER MANAGEMENT ~u: re,~ ~~~ csree, r.~~~~bery
REQUIREMENT OF REZONING ~`~' ~.~~
~--f~ -~ 1
Steele Creeklllixde-.Berryhidl
Master .)'tanned trommuaity
~oevelopmevt Notes
'This petitlop proposes the development of a master planned community containing
a mixtusre of residential, emptoymegt, retail, and open space ttises org~+lzed around
a newly crested Town Confer. This copcept has beeat develgped to further the
objectdves of the adopted Westalde Strategle I'la~n and. to be consistent with the
emerging Ddxio-]BerryhJil Plea. It incorporates the extension o! needed .
thoroughfares apd a .readlgoment of portions of Dixie River ~.td. throughh a portion of ,
the site, It has been designed taking Ito account the difllcult topogrspb,y common
to this part of the county and has lr+corporated open spew e~emeats to protect
eavdroamentally sgn~dtive areas. Tt will provide [or a variety of residieadsl typos and
densities, with 4igAer densities focused iq the Taw,p Confer apd lower deusittee
traasltionigg to #be existlpg community t'ahric. It creAt~es an opportunity for
Meeklen.burg County to develop a significant district park well situated to serve the
new residents of this development the as well tis entire Aixle,;Berryl+lU commuaip-.
Development of the site will be controlled by the standards depicted on this site
plan and by Ch.e standards of eitlaec the Charlotte Zonng ordinance ar Cbe
lbieeldenburg County Zoning (hdinance, which. evor sha$1 hawo jrYrisdictioa on the
porionne of the sits within, the respeetiva geographical ar~as.l~te development
depicted on this plan is intended tb reflect tbo arrattgesne~it ofproposod uses on.
the site, but the exaxt configtitrauon, placctnent, amd size oaf iaxdivxdual site
elements maybe altered or modified within the limits prescribed by the ordinance
during the dosign development alai construction phases, This proposal is iritondod
to enable the development of a master piarazaed coinmitini~y coxnposod otretail. and
service uses, cmploysnent and office uses, multifaxaily housing, single faJnily
attached, and singly family detached housing interconnegted with open. space,
pedestrian, and vehicular liulcages.
2, The site may be developed for any use allowed in the ~C district as allowed by
the ordinance in accordaixco with the standards of that district and the restxactiops
of this site plan as noted below. The Petitioner will construct amixed-use
develapm.ent is gcamral conformity with rho schematic plan with a special
emphasis on the new intersection of Steele Creek Rd. an(i Shopton ltd. West to bo
constructed within the site. Ibis emphasis will also bo aceomplisb.ed through iho
use of reduced setbacks and arrangemesnt of tuildings sit the intersection to focus
attention at the center. of file site. Further., the Pedtion.er will provide pedestrian
connections from within the site to other site elements and uses said to public
aidewalka, balaraaing the Head far vohicular as well os pedestrian access. Ilse
Petitioner may place retail uses within offico buildings o11 the sift as well as
within the retail center in order to ,Hardier the mixed~use mature of the site. Retail
f'toor area located within oiTice buildings will .not be counted toward the rata),
rotail fluor area lacatod elsewhere on the sire. Atay such ~ecafl space will be
limited to 75% of the first #loor area of rho building and may only be located .in
xaultistory buildings of at least 15,000 square feet of total floor area,
8/f ~d EZ69~~N ~~Nf N91S340Nb1 Wdtil~t z00Z 'dl~aeW

NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Linear Transportation Projects. Activities required for the construction, expansion,
modification, or improvement of linear transportation crossings (e.g., highways, railways, trails,
and airport runways and taxiways) in waters of the United States, including wetlands, if the
activity meets the following criteria:
1. This nationwide permit is subject to the following acreage and linear limits:
a. For linear transportation projects in non-tidal waters, provided the discharge does not
cause the loss of greater than \1/2\ acre of waters of the United States; or
b. For linear transportation projects in tidal waters, provided the discharge does not cause
the loss of greater than \1/3\ acre of waters of the United States.
2. The permittee must notify the District Engineer in accordance with General Condition 13 if
any of the following criteria are met:
a. The discharge causes the loss of greater than \1/10\ acre of waters of the United States;
or
b. There is a discharge in a special aquatic site, including wetlands;
c. The notification must include a compensatory mitigation proposal to offset permanent
losses of waters of the United States to ensure that those losses result only in minimal adverse
effects to the aquatic environment and a statement describing how temporary losses of waters
will be minimized to the maximum extent practicable;
d. For discharges in special aquatic sites, including wetlands and stream riffle and pool
complexes, the notification must include a delineation of the affected special aquatic sites;
e. The width of the fill is limited to the minimum necessary for the crossing;
f. This permit does not authorize stream channelization, and the authorized activities must
not cause more than minimal changes to the hydraulic flow characteristics of the stream, increase
flooding, or cause more than minimal degradation of water quality of any stream (see General
Conditions 9 and 21);

g. This permit cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars; and
h. The crossing is a single and complete project for crossing a water of the United States.
Where a road segment (i.e., the shortest segment of a road with independent utility that is part of
a larger project) has multiple crossings of streams (several single and complete projects) the
Corps will consider whether it should use its discretionary authority to require an individual
permit. (Sections 10 and 404)
Note: Some discharges for the construction of farm roads, forest roads, or temporary roads for
moving mining equipment may be eligible for an exemption from the need for a Section 404
permit (see 33 CFR 323.4).

concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
Vegetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
17

a. The Corps identified waters that will be excluded from use of this NWP. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the
applicant must famish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit. The North Carolina designated waters that require additional
notification requirements are "Outstanding Resource Waters" (ORW) and "High Quality
Waters" (HQW) (as defined by the North Carolina Division of Water Quality), or "Inland
Primary Nursery Areas" (IPNA) (as defined by the North Carolina Wildlife Resources
Commission), or contiguous wetlands (as defined by the North Carolina Division of Water
Quality), or "Primary Nursery Areas" (PNA) (as defined by the North Carolina Division of
Marine Fisheries).
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in the
twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the
applicant shall furnish a written statement of compliance with all of the conditions listed of the
applicable NWP.
18

Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Boas Piedmont Boas
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Suny
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination of the disposal area and
allow a temporary shellfish closure to be made. Any disposal of sand to the beach should occur
between November 1 and Apri130 when recreational usage is low. Only clean sand should be
used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
19

2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank
stabilization, filter cloth must be placed underneath the riprap as an additional requirement of its
use in North Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included
in the construction that will promote the safe .passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roadway
Approach Fill I Bankfull
Culvert buried
..__.. _.__ _.._.. _.,. below streambed
to appropriate
Stream depth
$ottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
20

3. Additional Regional Conditions Applicable to this Specific Nationwide Permit.
a. Natural channel design must be applied to the maximum extent practicable for
stream relocations. The N.C. Wildlife Resources Commission and the N.C. Division of Water
Quality provides Guidelines that are available to assist in the planning and design.
b. Bank-full flows (or less) shall be accommodated through maintenance of the
Approach Fill
Roadway
Culvert buried
Banlcfull • below streambed
to appropriate
Ba#11eI Stream depth
Blockage Bottom
existing bank-full channel cross sectional area. Additional culverts at such crossings shall be
allowed only to receive flows exceeding bank-full.
c. Flows exceeding bank-full shall be accommodated by installing culverts at the
floodplain elevation where adjacent floodplain is available.
d. NWP 14 cannot be used for private projects located in tidal waters or tidal wetlands.
e. The activities associated with NWP 14 require apre-construction notification if they
will result in the loss of greater than 150 total linear feet of perennial streambed or intermittent
stream that exhibits important aquatic function(s).
Approach Fill
~_^ R,oadway
Floodglaix~
Elevation
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3375
1. Enumerating and Reporting of Impacts:
. a. Streams -Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or temporary
21

stream impacts shall be enumerated on the entire project for all impacts regardless of which 404
Nationwide Permits are used. Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of use of stream
functions including but not limited to filling, relocating, flooding, dredging and complete
shading shall be considered stream impacts. Enumeration of impacts to streams shall include
streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a
404 Permit is used anywhere in a project unless the entire structure (including construction
impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or
path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and
flooding will count toward the threshold for stream impacts, but flooding upstream of the dam
will not (as long as no filling, excavation, relocation or other modification of the existing stream
dimension, pattern or profile occurs) count towards mitigation.
b. Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the
entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of wetland functions including but not limited to filling, draining, and
flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a
project.
c. Lakes and Ponds -Lake and Pond Impacts Enumeration- Impacts to waters other than
streams and wetlands as determined by the Division of Water Quality shall be measured as area.
Permanent and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results
in a loss of use of aquatic functions including but not limited to filling and dredging shall be
considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under this
General Certification requires application to and prior written concurrence from the Division of
Water Quality;
3. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence for this Certification from DWQ in accordance with
15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the protected
50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
4. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case-by-case basis for projects that have or are anticipated
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to have impervious cover of greater than 30 percent. Site-specific stormwater management shall
be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best
Management Practices manual at a minimum. Additionally, in watersheds within one mile and
draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive
waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and
outstanding resource waters (ORW), the Division shall require that extended detention wetlands,
bio-retention areas, and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part
of the stormwater management plan when asite-specific stormwater management plan is
required. Alternative designs may be requested by the applicant and will be reviewed on a case-
by-case basis by the Division of Water Quality. Approval of stormwater management plans by
the Division of Water Quality's other existing state stormwater programs including appropriate
local programs are sufficient to satisfy this Condition as long as the stormwater management
plans meet or exceed the design requirements specified in this condition. This condition applies
unless more stringent requirements are in effect from other state water quality programs.
a. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit
before the impacts specified in this Certification occur.
b. The facilities must be designed to treat the runoff from the entire project, unless otherwise
explicitly approved by the Division of Water Quality.
c. Also, before any permanent building or other structure is occupied at the subject site, the
facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the
stormwater management plan (as approved by the Wetlands Unit) shall be implemented.
d. The structural stormwater practices as approved by the Wetlands Unit as well as drainage
patterns must be maintained in perpetuity.
e. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts equal to or exceeding 150 feet and that require application to DWQ
in watersheds classified as ORW, HQW, Tr, WS-I and WS-II;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application
fora 401 Water Quality Certification must include the appropriate fee. If a project also requires
a LAMA Permit, one payment to both agencies shall be submitted and will be the higher of the
two fees;
7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 1501inear feet or more of streams and/or one acre or more of wetlands. For linear
public transportation projects, impacts equal to or exceeding 150 feet per stream may require
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mitigation. In addition, buffer mitigation may be required for any project with Buffer Rules in
effect at the time of application for buffer impacts resulting from activities classified as
"allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a
variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation
requirements shall be made for any Certification for this Nationwide Permit. The most current
design and monitoring protocols from DWQ shall be followed and written plans submitted for
DWQ approval as required in those protocols. When compensatory mitigation is required for a
project, the mitigation plans must be approved by DWQ in writing before the impacts approved
by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan
must be implemented and/or constructed before any permanent building or structure on site is
occupied. In the case of public road projects, the mitigation plan must be implemented before the
road is opened to the traveling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written concurrence
of 401 Certification for a project. Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April
2001, the restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan must be included
with the 401 application for written DWQ approval. Relocated stream designs should include the
same dimensions, patterns and profiles as the existing channel, to the maximum extent practical.
The new channel should be constructed in the dry and water shall not be turned into the new
channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to
native woody species, and should include establishment of a 30 foot wide wooded and an
adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical. A transitional phase incorporating coir fiber and seedling establishment is
allowable. Also, riprap may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of riprap coverage requested. If suitable stream mitigation is not practical
on-site, then stream impact will need to be mitigated elsewhere;
9. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life unless
it can be shown to DWQ that providing passage would be impractical. Design and placement of
culverts including open bottom or bottomless arch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested to do so in
writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed
across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be
provided to maintain the natural hydrology of the system as well as prevent constriction of the
floodway that may result in aggradation, degradation or significant changes in hydrology of
streams or wetlands;
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10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional
or Central Offices) shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order
to assure compliance with the appropriate turbidity water quality standard;
11. All sediment and erosion control measures placed in wetlands and waters shall be removed
and the original grade restored within two months after the Division of Land Resources has
released the project;
12. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
14. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
15. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
16. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
17. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 14, whichever is sooner.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent.
Citations:
2002 Nationwide Permits -Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections -Federal Register Notice 13 Feb 2002
2002 Regional Conditions -Authorized 17 May 2002
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