20061894 Ver 2_401 Application_20091009

Environmental Consultants,
t • Concord, North Carolina 28025 • Phone: [phone] • Fax: (704)
US Army Corps of Engineers
Asheville Regulatory Field Office
Attn: Steve Chapin
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Mr. Chapin and Ms. Karoly:
118aA
V?

----------
October 14, 2009
S&EC #5-1640wx
NC Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly D M ? o jj`'
u
2321 Crabtree Blvd, Suite 250 @ L?; bd
Raleigh, NC 27604-2260
OCT i, 5 20009
DENR - WATER OUAUTY
WETLODS AND STORMWATER BRANCH
We request the use of Nationwide Permit 18 for proposed impacts to wetlands and
unnamed tributaries of Long Creek (C; 303d). Our client, Charter Properties, Inc.,
proposes impacts for the construction of storm water management facilities (bioretention
cell and dry detention basin) to serve the Long View Apartments development. As
proposed, Long View Apartments will involve construction of apartment buildings and
supporting infrastructure on ± 23 acres of land. The subject property occurs west of
Interstate 77, east of Reames Road in Charlotte, NC. The approximate property
boundaries are shown on the attached USGS topo quad vicinity map.
In total, 481 linear feet of unimportant/intermittent stream and 0.02 acres of wetlands will
be impacted for construction of storm water management facilities. Proposed impacts
will not cause the loss of more than 1/10 acre of waters of the United States.
The proposed development represents a second phase of project construction. The initial
construction phase of this project, The Club at Northlake, involved impacts to 340 linear
feet of stream unimportant, intermittent stream. Prior 404 and 401 approvals were issued
on December 20, 2006 and January 19, 2007, respectively (Action ID SAW-2006-41674-
336; DWQ#06-1894).
The USACE approved a wetland delineation survey for property on March 22, 2006
(Action ID #200630729). In 2006, S&EC met with USACE and NC DWQ
representatives to review of our delineation as well as establish mitigation requirements,
if applicable. Both the USACE and NC DWQ determined the stream proposed for
impact as intermittent and non-mitigable. Development will occur outside the 100-year
floodplain. Stormwater management plans for Long View Apartments are not completed
at the time of this submittal. Assuming approval of the submittal we request the 401
approval to be conditioned based on final storm water management plan approval.
Greensboro Office: Raleigh Office:
3817-E Lawndale Drive 11010 Raven Ridge Road
Greensboro, NC 27455 Raleigh, NC 27614
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
PR(1TF.CT CTTMMA112V
Project Name Lon View Apartments
Project Type Multifamily Residential Development
Owner / Applicant Charter Properties, Inc.
Count Mecklenburg
Nearest Town Charlotte
Waterbod Name Lon Creek
Basin / Sub-basin Catawba / 03050101
Index Number 11-120-(0.5)
Class C; 303d
CURRENT
IMPACT STTMMARV
Stream Impact (acres): 0.04
Wetland Impact (acres): 0.02
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres): 0.06
Total Stream Impact (linear feet): 481
PREVIOUSLY APPROVED
IMPACT SUMMARY
Stream Impact (acres): .02
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres): .02
Total Stream Impact (linear feet): 340
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorization
USGS Vicinity Map
Mecklenburg County Soil Survey
Site Aerial Photo
Impact Maps/ Site Plans
Justification Letter
Prior USACE and NC DWQ approvals
USACE Approved Wetland Survey
Wetland Data Forms
DWQ 401 Fee
Please call if you have questions or comments regarding the information provided.
Sincerely,
Wendell Overby
NC Licensed Soil IScntist
O?Q?- W A rFRQG
o ?
oto- l89t+ VC-
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? T ED Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Long View Apartments el WWI
2b. County: Mecklenburg rlk?
2c. Nearest municipality / town: Charlotte tjui - f T1 Z?.,.?
2d. Subdivision name: QUAt-,TY

2e. NCDOT only, T.I.P. or state

project no: OENR
WNW

SDS7oatin,
N/A 1,&Tlh'ksk
3. Owner Information
3a. Name(s) on Recorded Deed: Charter Properties, Inc.
3b. Deed Book and Page No. 21219-505
3c. Responsible Party (for LLC if
applicable): Jim Homan
3d. Street address: 1520 South Blvd. Suite 215
3e. City, state, zip: Charlotte, NC 28203
3f. Telephone no.: [phone] x 61
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Wendell Overby
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 248 LePhillip Ct
5d. City, state, zip: Concord, NC 28025
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 02511305
1 b. Site coordinates (in decimal degrees): Latitude: 35.340533 Longitude: - 80.852747
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 23 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Long Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C; 303d
2c. River basin: Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Phase I of project (apartment buildings) constructed. Existing conditions of Phase II of project is fallow land/old farmland.
3b. List the total estimated acreage of all existing wetlands on the property:
0.35 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
-500
3d. Explain the purpose of the proposed project:
Construction of apartments and supporting parking areas, stormwater management facilities.
3e. Describe the overall project in detail, including the type of equipment to be used:
Grading (cut/fill) via pans and heavy equip needed for site preparation. Impacts proposed for SW facility in logical area.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&EC, PA
Name (if known): Wendell Overby/Brandon Fulton Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD Action ID 200630729
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past.
5b. If yes, explain in detail according to "help file" instructions.
USACE permit #SAW2006-41674-336 / NC DWQ #06-1894.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
1st phase of project (apartment buildings) constructed. Current request represents 2nd and final phase of project.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary
W1 ®P ? T Excavate/Fill Linear/Headwater ? Yes
® No ® Corps
? DWQ 0.02
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.02
2h. Comments: Linear shaped wetlands above start of intermittent stream.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - or
(PER)
(Corps - 404, 10
stream
length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ® P ? T Excavate/fill UT Long Creek PER
® INT ® Corps
? DWQ 3 419
S2 ®P ? T Excavate/fill UT Long Creek ? PER
® INT ® Corps
? DWQ 2 62
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 481
3i. Comments: USACE and DWQ field determined intermittent stream
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number- (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Paget of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See attached justification letter from developer.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts to unimportantfintermittent streams and low quality linear wetland. 100' SWIM buffer adjacent to property.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diff use Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? -45%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Charlotte
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have read the DWQ policy and do not believe this project will result in cumulative impacts to water quality.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Project to connect to existing CMUD sanitary sewer with capacity determined by CMUD.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
-5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
No element occurrences were indicated on NHP virtual website or USFWS web site. USFWS to be copied on submittal
as per Wilmington District Regional Conditions (ie projects in Mecklenburg County, NC)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://www. n mfs. n oaa. gov/habitat/habitatp rotecti on/efh/G I S_mapper. htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
S&EC has sent a letter to the SHPO for comment; await reply. No features of cultural interest identified during visits.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Mecklenburg County GIS / FEMA maps
Wendell Overby (VI 10/14/09
Applicant/Agent's Printed Name Applicant/A
is S ignature Date
(Agent's signature is valid only if thorization letter from the applicant
f
y
is ed.
r
i
Page 10 of 10
OCT. 5, 2009 11:24AM 7043334532 NO. 3859 P. 1
Name:
Addres
Phone: X10 Y7 'I
Project Name/Description:
Environmental Consultants, PA
;t • Conoord, North Carolina 28025 & Phonw [phone] • Fix: [phone]
wwwSandEC,coun
Date: 04,a fSte-,- Z.
The Department,of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 26403
Attn: Steve Chapin
Field Office: Asheville
Re; Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, PA: to
act in my behalf as my agent in the processing of permit applications, to furnish upon requ?
sir plemental information in support of applications, etc. from this day forward The day of
9,9&Z Ao
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: Tlvs authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should can S&EC
to arrange a site meeting prior to visiting the site.
S ?D
Print Prope er's Name Prperty Owstees signature
cc: Mrs. Cyndi Karoly cc. M=. Wendell Overby
NCDENR - DWQ Soil & Environmental. Consultants, PA,
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604.2260
Groonsbaro Office:
3817-E l awndale Drive Ma' Office:
11010 Raven Ridge Road
Greensboro, NC 27455 Raleigh, NC 27614
Phone: [phone] Phone: [phone]
Fax! [phone] Fax: [phone]
AGENT AU' oPHAnoN FORM
All Blanks To Be Filled bn By The Current Landowner
I' •. ? 1'trrrr•rs
r
, - `,? _ ?• '111' `t+,.
k 'h
A Narkx Ch
• f
MR 8
r, ' .•
all
• i fit:
T+ari
•
Name: DERITA Location: 035° 20'242" N 080° 51' 12.5" W
Date: 10114/2009 Caption: Charter Properties, Inc.
Scale: 1 inch equals 2000 feet Long View Apartments
copyright (c) 1991, Maptech, Inc.
USDA Soil Survey of Mecklenburg County, NC
Scale 1" = 2,000'
II ?-
II
J e 1'dak }
4
a P
.? 1
p
J :f r
I - .s
I
I

• LK
i3?
?°x
b k

V'
- }
14

a 1?
m I
VIN 00
N, 'I
- T t? ?} y a 4.,e... t " rya , I {
tw .- xsyy, T- y •??
i
z -
wi. +?' 4. ? ?e s
r.
tom; ' df
I t7 VW P
II ? .+ *?? II
i,..
A
+?.•-.?3 . r . ''?'•t ;? ? 'chit ?s? r° r- I
This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary
information
sources should be consulted for verification- Mecklenburg County and its mapping contractors assume no legal responsibility for the information
contained herein.
a
0
v
03
N O
O-
O
m
E
3 w
I POpJ S---

LL a?pgS,aJu
'v
Q)
Z EP
3
E2
Z g
z
w
\\\NUlll IuiU?? ? = C w
o
1 III\1\\
a Ln
Ila
111 0 op
m It
00-
C) LLI
LLI
LL,
111 0
00
00

\
LLI

-1 W N
U o LL 11
S Z
c
CD

? GG a?o?saa?u? Q
m
m
m
T?My
° ?
S
G
t ?
v

3 E
v
•
Poob? sawoa?
Z g1111(I_ d = or
u....
W 3 Zn ?? c /c ?'? a
Z Ego -
Y
Ail
w
Z 6 un`? d
ILA
O
O
C
I
1
CIO /
w U
N 4
L/] 4-,
O
a
. %

? I
? I
I
? I
z Q N
loe
of
I
yL ? co
\ 97 >- Qv? I ,
3A ? 3 2C cla
t?
3 CL CD I 2'
CL
"'CL
?;
i C5 CL 2°o '
.. x/0%N CL 3
C? 4'
IN
^
CL2

? N
pp N
t, N
t N N h N N N N H g N H N H H N
% N r L?
l fi t) OY
r h
N r
?D Sq
tSl r
lA C
N
? tf!
r ?p
M 1.1
C'T (y
N ?
1`• CD
? r
,
lt1 tq
M

'? Qp
00
h
?
M
,
GN "!
I '- n
I'+
M ?tyy
00 p
{ CD p
sl'
;5
tD
OOD
P!
M
I t(?
8
ca
CO B r N d' er 0 0 W W 1, 00 fal a T r r N to to W to to
,?,,,? r r r T r T r r r r
w
c t td ? t t,= t t t td tK
a 'd' 1fJ 4 N N er M 4tT M M M M M er N tD tD M N N

.........
r- r- C: ti 4? Iti lt? 494 ts? 11? CE r- r- Im C: 4=
C N Ot lb to tD N 170 lfi w M tt? p r M tD N 1z CA N Q

W C r T 17 O tD t7 q O tit •y. N It It t11 t} t} r N 00 M N

?
"' W
J M ? ti t? ? 00 r pppp
et 8pp
CV
N
N
r
r
ems- q?ry
N 8?jj
N
?.
c

41 fD h
to 00
0 G!
to Q
O r
O N
C? M
ICI sh
t7 tp
tJ to
to P••
CI t10
O 6a
0 O
r T
r N
r OLl
r R1
r C!
N
N
r C
J T r T T r T r t" r r T r T r r r
O

3
9
' JoCL3
\
""0 We ? c1\3 L
C 1
CO
C1
o
4-i
`0 rr
.ti0
0
CL

O
LO
LJJ
Q
Cl)
J
U o
9
0
00
LL A--
z

a

0
E i
cu u
N
N

' ci) ti
a a-.• N
.a II

y
o
; (D
C.) co
00
Cr

co

_ 0

co ?
?
+
?
? ?
?
-
cn
' O
co
CD c
o
N co
M E ?- co
co
. I-- O c 00 O CD
E I- r-
GV -
G 6,
D vv) C 3
Z1,
W D1W) C
Q ?
w o L7?4?>> ?11?'D1A(W)
CL3'
Z W co
`i
3'
i
?' J

CHARTERV
PROPERTIES
October 8, 2009 LL:
Mr. Wendell Overby
Soil & Environmental Consultants, PA
Re: Long View at Northlake Apartments, A Proposed Apartment Community
Reames Road, Charlotte, NC
Nationwide Permit Justification Letter
To whom this may concern,
Charter Properties, Inc. is the owner and developer of the proposed apartment community to be
located south of Long Creek off of Reames Road in Charlotte, NC. We have contracted with
Soils and Environmental Consultants to provide a delineation of the wetlands and unimportant
streams on the site.
As required by the approved Rezoning Plan we have evaluated and priced different drainage and
storm water management design concepts to accommodate this project's storm water
quality/detention requirements. Our first approach was to locate the storm water management
features on the steep slopes adjacent to the Long Creek flood line. Due to the extreme site
topography, almost 70 feet of vertical fall across the site, mostly along the flood line; these
locations would require expensive, cast-in-place concrete retaining walls. In addition to the
constraints of the severe terrain, there is an additional re-zoning requirement for a minimum 15%
tree save area which presents more limitations. Therefore the required storm water management
features need to be located in an area that will minimize the impacts to existing trees.
The preliminary cost of the cast-in-place concrete retaining walls along the Long Creek flood
line was estimated to be over $570,000.00, which is not feasible for this apartment project. At
this point, it appears the only feasible storm water management solution is to construct one of the
required rain gardens and a dry bio-retention pond in the existing ravine where there is an
unimportant, intermittent stream and a limited area of linear wetland. This approach minimizes
disturbance of the existing trees adjacent to the flood plain. It allows more vegetated buffer
between the creek floodplain and the storm water `release point" and the required storm water
treatment volume and surface areas are more efficiently provided in this natural low point.
Let me know if you have any questions and how we should best proceed in this matter.
Si erely
V
mes L. oman
P. Construction Services
SUITE 215 • 1520 SOUTH BOULEVARD, CHARLOTTE, NC 28203-4724
MAIL ADDRESS: P.O. BOX 37166, ZIP 28237-7166 [phone] FAX: [phone]
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-41674-336 County: Gaston USGS Quad: Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Charter Properties, Attn: Jim Homan
Address: 1520 S. Blvd., Suite 215
Charlotte, North Carolina 28203
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): The Club at Northlake
development located on a 24.918 acre tract on Reames Road, west of I-77; near Charlotte
Description of projects area and activity: Impact 340 LF of an intermittent, unimportant UT-Long
Creek in association with construction of a 0.4 acre stormwater management facility.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x224. .
Corps Regulatory Official Steve Chapin Date: December 20, 2006
Expiration Date of Verification: March 18, 2007
Copy Furnished:
S&EC, 236 LePhillip Court, Suite C, Concord, NC 28025
6 -lie q>
OF
\O?
O
rkF,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 19, 2007
DWQ# 06-1894
Mecklenburg County
Mr. James L. Homan
Charter Properties Inc.
1520 South Boulevard, Suite 215
Charlotte, NC 28203
Subject: The Club at Northlake, Reames Road, Charlotte
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Homan:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 340 linear feet of unnamed tributary (intermittent) to Long Creek and 0.02 acre of isolated
wetland in order to construct The Club at North lak in _cklenburg_County, as described in your,
application received by the Division of Water Quality on December 08, 2006. After reviewing
your application, we have determined that this.project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to use Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us -a new application for a new Certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the Certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
:
2. A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting
NorthCarolina
Xatura!!rk
Mooresville Regional Office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwaterquality ore 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality. Certification. The stormwater management plans shall be approved in writing by this
Office before the impacts specified in this Certification occur per Condition No. 4 in GC No. 3402.
For 303(d) listed waters, this condition also requires extended detention wetlands, bio-retention
areas, and ponds followed by forested filter strips (designed according to the latest version of the
NCDENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan. You have the option of using the Express Review Program for
expedited approval of these plans. If you propose to use the Express Review Program, remember
to include the appropriate fee with the plan. The stormwater management plan must include plans,
specifications, and worksheets for stormwater management facilities that are appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent
version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site, the
facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity.
No changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
3. The site plan shows areas where future development is possible, but states that there are on plans
for these areas at this time. Please note that any wetland or stream impacts in these areas would
be considered cumulative to this project and that stormwater management may be required for
these areas also.
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
5. Stormwater discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
6. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
ke.yond the footprint: of the. impacts depicted.. in the Preconstruction Notification. application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no. violations of state water quality standards, statutes, or rules occur.
7. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
9. Continuing Compliance. The applicant (Charter Properties) shall conduct all activities in a manner
so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and
federal law. If DWQ determines that such standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that state or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this Certification
to include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15 A NCAC 2H.0507(d). Before codifying the Certification, DWQ shall notify the
applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any
new or revised conditions shall be provided to the applicant in writing, shall be provided to the
United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404
of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory
hearing.. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition that conforms to Chapter 1506 .of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This Certification and
its conditions are final and binding. unless you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Barry Love in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
t
(f7l
for Alan W
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
Wendell Overby - S&EC
Klimek, P.E.

o~i q) ?? • b
? Q •°# o°i
d, S ?' ?i b F
Ck °c S
?? ?oyc a CO ? 1o^?
CA b 4, go
a4°Gbf•Nw l ?? O C's
o??ttovi
O"a?iyCaw Oy?NsOC> is
a(?"\ etc
a a'•? oo ° ooE
o?. aV?oaa
b0? ?•'C p?O C$abt`Ob???
z '00 19
"j. 8
01 pZdaC;V a ?? C tCCO
O Oty.CO
-1Z 03 q)
3 ya is b o, at
b
oc? cv>o°h;fi °
OOCG1 VU aCb O b?. Qwy O
V 1? ?'a 3i 4k11?UZ?w?'l .?; ? ? per.. p Q4gg???C ?
b C? O? ? b ?Op v O O?ae? b•?Cb

U
?I2
H
N?
W
o h m

W
V
Z
v
(A- v
°m

•-• d
w C©q k cy g Li
o

U C
Q'i l 4
N r1 C ? w.q

4
.0 Cb
^r3 O C p 4z O O ??• w (i.? W - d ?- "- A. .. %-,;
1 -N
b
w .C .y ? 'a 3 a
b ?oo 0 3
C
v?'?oo
Lft
aC bO?cwlbw
O
°oon?oi`.Rr
,Cti, y Q tl C y.
ts 40
O?aot0
b?CCLiP- L
moy
,c 0
?
C: ot t3
n
;c ?V CO p.?1'o OOpi
O y
wbw?dCOQ>C 610
oo ?obaa,0
N
??oascv?'Qtj
tj b
t`•VQiCVi? •?a4
?b(n•D O-'c?C: ?p
m
0
ll
?1\
11\
111
.111
X11
.((
I
Cb

.
of
d offd?
00% 00
?
n

I

-1

?i+ 0.g
r
6?'a

g

1

........... n...... `
Ra ?

n
Vr? r?pvaiio-o?
8
/o
/
r
If
/
/i
00 0)
t?
e?
(7 w ?,
?w
y'C.. O ..:
i
?L O w y
Q b ,?., b
Q b ?
w
0 ` 1
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Reames Road Date: 11/17/05
Applicant/Owner: Charter Properties, Inc. County: Mecklenburg
Investigator: Brandon Fulton State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Seep wetland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Dominant Plant Species
Stratum Indicator Stratum Indicator
1. Boehmeria cylindrical Herb FACW 9.
2. Juncus effuses Herb FACW 10.
3. Carex sp Herb FACW 11.
4. Microstegium vimineum Herb FAC+ 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_ Other _
_ Saturated in Upper 12 Inches
X No Recorded Data Available _ Sediment Deposits
x Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
x Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: (in.) _ Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: (in.) x FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: in.
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
ProjectlSite: Reames Road Plot ID: Seep Wetland
PTGIIXX
Map Unit Name Drainage Class: Poorly drained
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Fluvaquentic Endoaquepts Confirm Mapped Type? Yes X No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-8 Ap 2.5Y 5/3 Fine sandy foam
8-17+ Bg1 2.5Y 6/2 7.5YR 5/6 Sand loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
x Aquic Moisture Regime x Listed on Local Hydric Soils List
x Reducing Conditions x Listed on National Hydric Soils List
x Gleyed or Low Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? x Yes No
Remarks:
L- 1.
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct Suite C
Concord, North Carolina 28025
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Reames Road Date: 11/17/05
Applicant/Owner: Charter Properties, Inc. County: Mecklenburg
Investigator: Brandon Fulton State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Upland
If needed, explain on reverse.) I
VEGETATION
Dominant Plant Species Dominant Plant Species
Stratum Indicator Stratum Indicator
1. Ulmus alata Tree FACU 9.
2. Acer rubra Tree FAC 10.
3. Juniperus virginiana Tree FAC- 11.
4. Microstegium vimineum Herb FAC+ 12.
5. Lidodendron tulipifera Tree FAC+ 13.
6. Pinus echinata Tree FACU 14.
7. Lonicera japonica Vine FAC- 15.
8. Carya tomentosa Tree FACU 16.
Percent of Dominant Species that are OBL, FACW,, or FAC
(excluding FAC-):
37.5%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_ Other _ Saturated in Upper 12 Inches
X No Recorded Data Available _ Sediment Deposits
Drainage Patterns in Wetlands

Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth'of Surface Water: (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: (in.) FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: in.
Remarks:
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
236 LePhillip Ct., Suite C
Concord, North Carolina 28025
[phone]
r 4£
Project/Site: Reames Road Plot ID: Upland
SOILS
Map Unit Name _ Drainage Class: Well drained
(Series and Phase): Cecil Field Observations
Taxonomy (Subgroup): Typic Kanhapludults Confirm Mapped Type? x Yes _ No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10YR 4/2 Sand loam
2-7 E 7.5YR 5/4 Sand loam
7-11 BE 5YR 4/8 Sand clay
11-28+ Bt1 2.5YR 4/8 Clay
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? Yes X No Is this sampling point within a wetland?
Wetland Hydrology Present? Yes X No Yes X No
Hydric Soils Present? Yes X No
Remarks: