20041048 Ver 1_COMPLETE FILE_20040628

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 5, 2004
DWQ# 04-91048
Mecklenburg County
Mr. Micheal Ruland
Peachtree Residential Properties &
Peachtree Homes
Huntersville Business Park
13801 Reese Blvd., West Suite 110
Huntersville, NC 28078
"' LANDS/401 GROUP
AUG Y 0 2004
WATER QUALITY SECTIptr
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ruland:
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.17 acre of wetland for the construction of the Woods At Weatherstone development in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on June 28, 2004.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands.
The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the
U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.
For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as
the additional conditions listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands
and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be
put in place within 30 days of the date of this letter 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.
919 North Main Street, Mooresville, North Carolina 28115
Phone: [phone] / FAX: [phone] / Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Natumlli
(-
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-
663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
17' ,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, WQ-Mecklenburg
Central Files
File Copy
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 5, 2004
DWQ# 04-01048
Mecklenburg County
Mr. Micheal Ruland
Peachtree Residential Properties &
Peachtree Homes
Huntersville Business Park
13801 Reese Blvd., West Suite 110
Huntersville, NC 28078
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ruland:
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.17 acre of wetland for the construction of the Woods At Weatherstone development in Mecklenburg
County, as described in your application received by the Division of Water Quality (DWQ) on June 28, 2004.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands.
The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the
U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.
For this approval to be valid, you must follow the conditions listed in the attached Certification, as well as
the additional conditions listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands
and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be
put in place within 30 days of the date of this letter 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.
919 North Main Street, Mooresville, North Carolina 28115 One
Phone: [phone] / FAX: [phone] / Internet: h2o.enr.state.nc.us NorthCarohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Aawally

2. Stormwater discharge points shall be constructed in a manner such that the potential receiving streams (of
the discharge) at the site will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur.
4. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and
maintenance of such BMP in order to protect surface water standards:
a. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall
be maintained on all construction sites, borrow pit sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
c. The reclamation measures and implementation of these measures must be in accordance with
the requirements of the Sedimentation Pollution Control Act.
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date the Division of Land
Resources has released the project.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the Certificate of
Completion form.
7. Continuing Compliance. Peachtree Residential Properties (Peachtree) shall conduct its activities in a
manner consistent with state water quality standards (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify Peachtree 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
Peachtree in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-
663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, WQ-Mecklenburg
Central Files
File Copy
Triage Check List
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To: ? ARO
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From: Fd 5,..,4zvao
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) 71,1 ?7 Ti
The file attached is being forwarded to `our for your evaluation.
Please call if you need assistance.
Stream length impacted
? Stream determination
Wetland determination and distance.to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
E Check drawings for accuracy
? Is .the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
Project Name: W0045 6J Oeafhaf5 ?0 n e?-
DWQ#: O -10q,6
County: Meck?en?erq
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
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S&ME
June 25, 2004
North Carolina Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Attention: Mr. John Dorney
Water Quality Supervisor
Reference: "After-the-Fact" Nationwide Permit No. 39
Woods at Weatherstone Property
Mecklenburg County, North Carolina
S&ME Project No. 1357-02-419-C
Dear Mr. Dorney:
1341048
WETLANDS/ 401 GROUP
JUN 2 8 2004
WATER QUALITY SECTION
S&ME, Inc. (S&ME), has submitted on behalf of our client, Peachtree Residential Properties, an
"after-the-fact" application to the U.S. Army Corps of Engineers (USACOE) for impacts to 0.17
acre of jurisdictional wetlands in accordance with Department of the Army Nationwide Permit
(NWP) 39. Accordingly, we are providing the following information to your office for approval
of the corresponding 401 Water Quality Certification. Please find enclosed:
• A completed Pre-Construction Notification (PCN)
• Appropriate Figures - Vicinity Map (Figure 1), USGS Topographic Map (Figure 2),
Overall Site Map (Figure 3) and Wetland Impacts Map (Figure 4).
• Letter of Authorization
• A check for $200 made payable to the N.C. Division of Water Quality PAYMENT
RECEIVED
Project Background
The subject property is approximately 26 acres, and is located adjacent to Coachman's Wood
Subdivision and the terminus of John Hawks Road, west of Washam Potts Road, in Cornelius,
northern Mecklenburg County, North Carolina (35° 28'05" N, 80o 52'00" W). The location of
S&ME, Inc. I Mailing address: I [phone]
9751 Southern Pine Blvd. P.O. Box 7668 [phone] fax
Charlotte, North Carolina 28273 Charlotte, North Carolina 28241-7668 www.smeinc.com

"After-the-fact" Nationwide Permit No. 39 S&ME Project Number 1357-02-419-C
Woods at Weatherstone Property June 25, 2004
the subject property is depicted in Figures 1 and 2. Portions of the property have been cleared
and graded for development. Prior to site activities, the property consisted of a mixture of vacant
woodland and farm fields. The surrounding area is comprised of a mix of residential and
scattered commercial development, vacant woodland and farm fields.
The on-site wetlands and waters of the U.S. were delineated by S&ME personnel in April, 2003,
and were limited to one jurisdictional stream (Stream 1) totaling approximately 500 linear feet
(If), and a linear, depressional wetland area (Wetland A) totaling approximately 0.26 acre that
extends beyond the terminus of the stream (Figure 3).
Personnel with Mecklenburg County Land Use and Environmental Services Agency (LUESA)
identified the on-site impacts during a site visit, and subsequently notified the USACOE. S&ME
personnel met with representatives of the USACOE at the subject property on February 5, 2004.
The purpose of the on-site meeting was to review the nature and extent of the impacted areas,
and determine an appropriate course of action. Following their evaluation of the site, the
USACOE concluded that preparation of an "after-the-fact" NWP would constitute the
appropriate course of remedial action.
Project Impacts
During construction activities, approximately 0.17 acre of Wetland A was impacted by our
client's grading contractor prior to application for a NWP and the corresponding Minor Water
Quality Certification. The impacts included the placement of fill material and construction of a
temporary sediment basin in the wetland, but did not encroach within the jurisdictional limits of
Stream 1. The purpose of the fill placement was to facilitate construction of an access road and
to provide flood protection for three residential lots.
2

"After-the-fact" Nationwide Permit No. 39 S&ME Project Number 1357-02-419-C
Woods at Weatherstone Property June 25, 2004
Alternatives and Minimization
The only alternative to this project as constructed is removal of 0.07 acre of the fill material such
that the total amount of wetlands impacted does not exceed the notification threshold of 0.10
acre. Since the area has been cleared, graded, and filled, it is unlikely that removal of the
material and restoration of the area would constitute a practicable alternative to leaving the
material in place and applying for an "after-the-fact" permit. The impacts that occurred on the
subject property are within the limits of those authorized by NWP 39 (Residential, Commercial
and Institutional Development). No impacts to Stream 1 occurred.
Our client proceeded with development of the site under the impression that the total wetland
impacts (0.17 acre) were below the notification threshold. S&ME was immediately retained
once our client was made aware of their need to submit a PCN prior to impacts exceeding 0.10
acre. Since the project will result in minimal adverse effects to the aquatic environment,
Peachtree's only violation is failure to prepare a Pre-Construction Notification (PCN) prior to the
work. Peachtree plans to conduct construction activities at the site such that no further violation
of water quality standards, statutes or rules occur, and no additional wastes, spoils, solids or fills
will be placed within wetlands, waters or riparian areas beyond the limits of those depicted in
this PCN application
The subject property has been divided into forty (40) residential lots, with an average lot size of
0.65 acre. The proposed project will not result in impervious surface of greater than 26 percent.
Accordingly, we anticipate that DWQ will not require site-specific stormwater management,
since the total impervious acreage of the site is less than 30 percent, and the lots are not
concentrated within one portion of the property.
Mitigation
In accordance with the directive of the USACOE, compensatory mitigation shall be undertaken
in the form of restrictive covenants (RC) placed on all remaining on-site jurisdictional areas. The
3
,t
"After-the-fact" Nationwide Permit No. 39 S&ME Project Number 1357-02-419-C
Woods at Weatherstone Property June 25, 2004
areas have been surveyed, and signed/sealed by a Registered Land Surveyor, and a map
depicting the area proposed for preservation will be provided to the USACOE. Upon USACOE
approval, the map will be recorded concurrent with the RC, and the assigned map book and page
can then be written into the covenant. The RC will be recorded prior to the sale of any property
within the development, and will ensure that all remaining on-site jurisdictional areas will be
maintained in perpetuity in their natural or existing condition. Peachtree will record the RC for
the purpose of maintaining the mitigation areas in their natural state in perpetuity, prior to the
sale or conveyance of any lots or other property within the subdivision.
We do not anticipate that DWQ will require compensatory mitigation, since the project-wide
activities did not impact greater than 1 acre of wetland, and did not involve any stream impacts.
Sediment and erosion control methods have been employed during construction, and additional
steps taken to ensure that the work is conducted in strict compliance with the conditions of NWP
39 and applicable State and local requirements.
By copy of this correspondence and completed PCN, we are requesting your concurrence with
this NWP 39 permit application. If we can provide additional information or answer questions
you may have, please feel free to give us a call.
Sincerely,
S&ME, Inc.
p aProject Manager
Erialamb, P.W.S.
Senior Scientist
Lisa J. Beckst om, E., C.W.B.
Natural Resour epartment Manager
4
"After-the-fact" Nationwide Permit No. 39 S&ME Project Number 1357-02-419-C
Woods at Weatherstone Property June 25, 2004
Senior Review by Dane. A. Horna, P.E.
Enclosures
cc: Allan Johnson, NCDENR Mooresville Regional Office
David Gullick, Peachtree Residential Properties
Bob Davis, R.D. Davis & Associates

Office Use Only: Form Version April 2001
USACE Action ID No. DWQ Q.4 1048
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the
space blank.
1. Processing WETLANDS/ 401 GROUP
1. Check all of the approval(s) requested for this project: JUN 2
® Section 404 Permit 8 2004
? Section 10 Permit
® 401 Water Quality Certification WATER QUALITYSEC77ON
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not
required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation
of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Peachtree Residential Properties (Peachtree)
Mailing Address: Huntersville Business Park
13801 Reese Boulevard West Suite 110
Huntersville, North Carolina 28078
Attention: Mr. David Gullick
Telephone Number: 704.947.2575 Fax Number:
Email Address: N/A
704.947.2560
2. Agent 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: Joey Lawler
Company Affiliation: S&ME, Inc.
Mailing Address: 9751 Southern Pine Boulevard, Charlotte, NC 28273
Telephone Number: 704.523.4726 Fax Number: 704.525.3953
Email Address: mailto:[e-mail]
w ?
Ill. 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: Woods at Weatherstone Property
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax Pin): 005-14-403 and 005-14-305
4. Location: Adjacent to Coachman's Wood Subdivision and the terminus of John Hawks Road,
and west of Washam Potts Road, in Cornelius, northern Mecklenburg County, North Carolina.
County: Mecklenburg
Nearest Town: Cornelius
Subdivision Name (Include Phase/Lot No.): Woods at Weatherstone
Directions to Site (Include Road Numbers, Land Marks, etc.
From Charlotte, take 1-77 towards Cornelius. Take Exit 28, and turn right at exit ramp onto
Catawba Avenue. Proceed east through Cornelius to Main Street (NC Hwy 115). Turn right.
Proceed south to Washam Potts Road. Turn right and proceed west to Coachman's Trace.
Turn right and proceed to John Hawks Road. Property is located on the left.
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility
coordinates for each crossing of a distinct waterbody.)
35° 28'05" N, 80° 52' 00" W
line, attach a sheet that separately lists the
6. Describe the existing land use or condition of the site at the time of this application:
Portions of the property have been cleared and graded for development. Prior to site activities,
the property consisted of a mixture of vacant woodland and farm fields. The site contains one
jurisdictional stream (Stream 1) and one wetland area (Wetland A) that extends beyond the
jurisdictional terminus of Stream 1. The vicinity is comprised largely of existing residential
development, along with woodland and scattered residential development.
7. Property Size (acres): Approximately 26 acres.
8. Nearest body of water (stream/river/sound/ocean/lake):
1St order tributary of UT of
McDowell Creek. McDowell Creek Stream Index No. is 11-115(1), Class C.
9. River Basin: Catawba
(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/.)

10. Describe the purpose of the proposed work:
To facilitate construction of a roadway and provide flood protection for residential lots.
11. List the type of equipment to be used to construct the project:
Industry-standard earth-moving equipment.
12. Describe the land use in the vicinity of this project:
The property is adjoined largely by existing residential development. Vacant woodland, farm
fields and widely-scattered commercial development are also located in the broader vicinity.
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, DWO 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.
Notice of Violation: 3-24-04 - USACOE Action Id No. 200430465 (see attached).
On-site wetlands were delineated by Joey Lawler of S&ME. The Jurisdictional Delineation was
subsequently approved on-site by USACOE on February 5, 2004.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application:
Peachtree has no project plans that will result in future impacts to jurisdictional wetlands or
waters of the U.S., and will not require additional Corps permits.
VI, Proposed Impacts to Waters of the United States/Waters of the State
Wetland Impacts
Wetland Impact Area of Located within
Site Number Type of 100-year
** Distance to Nearest
Type of Wetland***
(indicate on Impact* acres)
(acres) Floodplain Stream (linear feet)
ma es/no
Wetland A Fill 0.17 No < 100 Headwater wetland
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
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
htta://www.fema.oov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina
Bay, bog, etc.)

List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed: 0.17
0.26
2. Stream Impacts, including all intermittent and perennial streams
Stream Length of Average
Impact Site Impact
** Width of Perennial or

Number
Type of Impact*
(linear
Stream Name
Stream ?
Intermittent.
(indicate on feet) Before (please specify)
ma Impact
N/A N/A NIA N/A N/A N/A
' List each impact separately ana iaentlty temporary impacts. impacts incwoe, out are not umneu to: cuiverrs ano asscxaawu lip-rap, crams
(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
www.usas.ooy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maoauest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of
the U.S.
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, bay, ocean, etc.)
N/A N/A N/A N/A N/A

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding,
drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included above
in the wetland and stream impact sections. Also, the proposed pond should be described here and
illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands N/A
Describe the method of construction ( e.g., dam/embankment, excavation, and
Installation of draw-down valve or spillway, etc): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout
pond, local stormwater requirement, etc.) N/A
Size of watershed draining to pond: N/A

Expected pond surface area: NIA
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.
During construction activities, approximately 0.17 acre of Wetland A were graded and filled by
our client's contractor prior to submission of a PCN. These impacts did not encroach within the
jurisdictional limits of Stream 1.
Personnel with Mecklenburg County Land Use and Environmental Services Agency (LUESA)
identified the on-site impacts during a site visit, and subsequently notified the USACOE. S&ME
personnel met with representatives of the USACOE at the subject property on February 5, 2004.
The purpose of the on-site meeting was to review the nature and extent of the impacted areas,
and determine an appropriate course of action. Following their evaluation of the site, the
USACOE concluded that preparation of an "after-the-fact" Nationwide Permit (NWP) would
constitute the appropriate course of remedial action. Since the area has been cleared, graded,
and filled, it is unlikely that removal of the material and restoration of the area would constitute a
practicable alternative to applying for an "after-the-fact" permit.
The impacts that occurred on the subject property are within the limits of those authorized by
NWP-39 (Residential, Commercial and Institutional Development). No impacts to Stream 1
occurred. Sediment and erosion control methods have been employed to ensure no further
impact to jurisdictional areas occurs.
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits,
published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure
that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed
impact and function and relative value of the impacted aquatic resource will be considered in determining
acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be
appropriate and practicable include, but are not limited to: reducing the size of the project; establishing
and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and
replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving
similar functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE
or DWQ to consider the application complete for processing. Any application lacking a required mitigation
plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to
review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in
North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.

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.
In accordance with the directive of the USACOE, restrictive covenants (RC) shall be placed on all
remaining on-site jurisdictional areas. A map depicting the area proposed for preservation has
been included in this PCN package to the USACOE, and the limits of the preservation area
depicted on Figure 3. The areas have been surveyed, and signed/sealed by a Registered Land
Surveyor. Upon USACOE approval, the map will be recorded concurrent with the RC, and the
assigned map book and page can then be written into the covenant. The RC will be recorded
prior to the sale of any property within the development, and will ensure that all remaining on-site
jurisdictional areas will be maintained in perpetuity in their natural or existing condition.
Peachtree will record the RC for the purpose of maintaining the mitigation areas in their natural
state in perpetuity, prior to the sale or conveyance of any lots or other property within the
subdivision. Our client shall provide a copy of the recorded covenants and plat to the Corps of
Engineers within 30 days of recordation. We anticipate that DWQ will not require mitigation, since
impacts are less than 1 acre.
Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program
(NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay
into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before
it can be used to satisfy mitigation requirements. Applicants will be notified early in the review
process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For
additional information regarding the application process for the NCWRP, check the NCWRP website
at http://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): Not required
Amount of buffer mitigation requested (square feet): Not required
Amount of Riparian wetland mitigation requested (acres): Not required
Amount of Non-riparian wetland mitigation requested (acres): Not required
Amount of Coastal wetland mitigation requested (acres): Not required
• Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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 ? N/A
IX. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state
and local buffers associated with the project. The applicant must also provide justification for these
impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly
identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts
are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as
appropriate. Photographs may also be included at the applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A
NCAC 213 .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
(square feet Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20
feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B.0242 or.0260.
Project will comply with all local ordinances.
X. Stormwater (DWQ On
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.
The proposed project will result in impervious surface of approximately 26 percent. Forty (40)
residential lots will be located evenly throughout the 26 acre tract (average lot size of 0.65 acre).
Accordingly, we anticipate that DWQ will not require site-specific stormwater management,
since the total impervious acreage of the site is less than 30 percent.
XI. Sewage Disposal (DWQ Only)
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.
Tie in to municipal sanitary sewer
• Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No El
** Violation is for failure to notify only. Impacts are within established NWP-39 and Minor Water
Quality Certification thresholds.
Is this an after-the-fact permit application? Yes ® No ?
XII. 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).
?- Z5 D
Applicant) gent's igna re Date
(Agent's sign alid only if an authorization letter from the applicant is provided.)
04/3/2004 14:46 49472560
EN MM16111-I& iGNES
DaTe:
PEACHTP,EE P.ES CNC
•
LETTER OF AUTHORIZATION
TO ACT AS AGENT
S&ME Project Name: Woods at Weatherstone Property
S&ME Project No. 1367-02,419-C
Type of ProJect: NVVP-39
Location: Cornelius, Mecklenburg County, North
Business Name: Peachtree Residential Properiie,;
Street Address: Huntersville Business Park 13801
Suite 110
City, State, Zip Coda: Huritersville. North Carolina 2807E
Telephone Ma. 704.947.2575
Contact: Mr-* Dave Gullick ?-
PAGE 02/02
^gent information
Business Name: S&ME, Inc. "--'
Street Address: 9751 Southern Pine Boulevard
City, State, Zip Code: Charlotte, NC 28273'
Telephone No. {704) 523-4728
Contact Joey Lawlor
Authorization; '
I on behalf of
11ent Co 1 nature)
?N hereby authorize
(Name of Applicant)
S&ME, Inc. to act as agent for the above-mentioned project..
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NWP-39: Peachtree Residential Properties
Checked bv: LJB eo? Woods at Weatherstone Property
Drawn by: JoL - Mecklenburg County, North Carolina 1
Date: 6.14.04 ENVIRONMENTAL SERVICES Job No.: 1357-02-419-C
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NWP-39: Peachtree Residential Properties
Checked by: LJg Woods at Weatherstone Property
Drawn by: JoL - Mecklenburg County, North Carolina 2
Date: 6.14.04 ENGINEERING TESTING Job No.: 1357-02-419-C
ENVIRONMENTAL SERVICES
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