20030243 Ver 1_401 Application_20050208

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LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
February 6, 2005
Ms. Amanda Jones
U5 Army Corps of Engineers -Reg. Field Office
151 Patton Avenue -Room 208
Asheville, NC 28801- 5006
Ms. Cyndi Karoly -Division of Water Quality -NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Mike Parker -NCDENR -Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115
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Re• Action Id 200330597, DW¢# 03-0243 -Berewick Commons Parkway -Permit Extension
and/or Re Authorization
On behalf of my client, Pappas properties, LLC, I am requesting an extension and/or a re-
authorization of the Nationwide Permit required to develop the project. The permits for this
project were issued in April, 2003, based on a submittal made in March, 2003. The permit
included the fill of 280 linear feet of stream. Mitigation requirements have already been met
through a payment to the North Carolina Wetland Restoration Program.
The fina1401 Water Quality Certification stormwater management conditions were revised
to include the following provisions:
The City of Charlotte Engineering and Property Division have endorsed a
stormwater Water Management Concept Plan for Berewick. This plan will
provide review/approvals of all final plans and specifications for construction of
stormwater management facilities. Any change to the stormwater Master Plan
Concept must be submitted to and approved in writing by the Division of Water
Quality. All development in Berewick as defined on the approved conditional
zoning plan shall meet the requirements of the Lower Lake Wylie Watershed
Protection Overlay District. (Total Berewick land area = 745.88 acres). In
addition to removal of 85% TSS from runoff for all areas having greater than
20% impervious in the Critical Area and 24% in the Protected Area, a minimum
of 95% of all impervious cover in Berewick, irrespective of the impervious cover
within any individual development `pod ", shall also have a minimum of 85% TSS
removal. 85% TSS removal shall be achieved by the use of stormwater
management practices designed according to the latest version of the NCDENR
stormwater Best Management Practices Manual. For the aggregate total of the
maximum "allowable impervious cover " in Berewick, no more than 21. S acres of

impervious cover within the proposed low density development areas may be
permitted without BMP's sufficient to provide 85% TSS removal. Arty specific
area of Berewick proposed to be developed at less than 20% impervious in the
Critical Area or 24% in the Protected Area, where 85% removal is not provided
for all impervious cover, shall as a minimum provide velocity dissipation by
dispersion of stormwater with non-erosive velocities at the boundary of the SWIM
buffers. A tabulation of impervious cover in Berewick shall be submitted with
every request for individual development `pod " or sub-area of development,
clearly indicating the amount of impervious cover proposed within the specific
project and the cumulative impervious cover for all of Berewick incuding a
breakdown of the impervious area receiving less than 85% TSS removal; an
additional condition is that stormwater shall be directed to diffuse flow at non-
erosive velocities through the protected stream buffers.
Very substantial investments have been made on behalf of the project including land purchase,
engineering and planning, and contractual commitments to builders. The delays were due to final
plan preparation, obtaining local approvals; and preparation of stormwater management and
sedimentation and erosion control plans to satisfy local requirements. An extension and/or re-
authorization of this permit with these minor revisions are absolutely essential to the successful
development of this project as planned.
Please contact me if you have any questions or require additional explanation. Thank you for
your consideration.
7/F~tfard S. Rindner, PWS
Professional Wetland Scientist
cc: Charles Teal -Scott Hebebrand -Pappas Properties, LLC
Dale Stewart - LandDesign Inc.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200330597 county Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Pappas Properties, Attn: Mr. Charles Teal
4201 Congress Street, Suite 465
Charlotte, NC 28209
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Berewick Commons Parkway - A Major Thoroughfare from Shopton Road West (SR 1116)
to Dixie River Road (SR 1155) through Berewick -Approx. 16 acres in R-O-W; in west
Charlotte
Description of Activity:
Construct a public thoroughfare which would connect Shopton Road and Dixie River Road.
This roadway is depicted on the Thoroughfare Plan for Mecklenburg County. As part of the
project, it will be necessary to construct crossings on 2 separate unnamed tributaries to
Beaverdam Creek impacti~ig approximately 280 LF of stream channel.
The permittee shall mitigate for 2801inear feet of unavoidable impacts to perennial stream
channel associated with this project by payment to the North Carolina Wetlands Restoration
program (NCWRP) in an amount determined by NCWRP sufficient to perform 280 linear
feet of warm water stream restoration in the Catawba River basin (Cataloging Unit
03050101). Construction within streams shall begin only after the permittee has made full
payment to the NCWRP, and the NCWRP has provided written confirmation to the Corps
that it agrees to accept responsibility for the mitigation work required, in compliance with
the MOU between the North Carolina Department of Environment and Natural Resources
and the United States Army Corps of Engineers, Wilmington District, dated November 4,
1998.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work, you must also receive a
Section 401 water quality certification from the N.C. Division of Water Quality, telephone [phone].
For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division
of Coastal Management. telephone [phone]

restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State andlocal agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date April 23, 2003
Corps Regulatory Official Steve Chapin Telephone No. [phone]x5
Expiration Date of Verification Apri123, 2005
cc: Mr. Leonard S. Rindner
CFSAW Forth 591
Revised July 1995

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina pepartrnent of Environment and Platural Resources
Alan W. Klimek, P.E. Director
Division of Water Qu^~y
April 9, 2003
DWQ# 03-0243
Mecklenburg County
Mr. Charles Teal
Pappas Properties, Inc.
4201 Congress St., Suite 465
Charlotte, NC, 28209
APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Teal:
You have our approval, in accordance with the attached conditions, to place permanent fill in 280 linear feet of
perennial streams in order to construct two road crossings associated with the Berewick Commons Parkway in Mecklenburg
County, as described in your application received by the Division of Water Quality on March 4, 2003. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3404. This
Certification allows you to use Nationwide Permit Number 14 when it is issued by the tJ.S. Army Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
i'imited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described. in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. ff total wetland fills for this project (now or in the future} exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 26.0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certffication to make this payment. For accounting purposes, this Certifica#ion authorizes the fill of 280 linear feet of
perennial streams in the Catawba River Basin, Cataloging Unit 03050101, and 280 linear feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of wetland impacts to
the nearest foot (15A NCAC 2R .0503(b));
2. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office
before the impacts specified in this Certification occur per Condition No. 6 in GC No. 3404. The stormwater
management plan must include plans and specifications for stormwater management facilities that are appropriate fo"
surface waters classified as Class C and designed to remove 85% TSS according to the most recent version of the NC
DENR stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the
entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building
is occupied at the subject site, the facilities (as approved by this Office) shalt be constructed and operational, and the
stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water Quality.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictions! wetlands and waters or
areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this
fetter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from
the 401/Wetlands Unit web site at http~//h2o enr state nc.us/ncwetlands .
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4. You are required to return the attached Certification of Completion form to notify DWQ when all work included in a 401
Certification has been completed.
If you do not accept any of the conditions of this certffication, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-67i 4. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Alan Johnson in our Mooresville Regional Office at [phone] or Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721.
Sincerely,
plan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030243