20070419 Ver 1_401 Application_20070307

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Wetland and Natural Resource ~s- ~':~"~~
Consultants, Inc. '~'-'~"~~"`:'~~
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March 5, 2007
US Army Corps of Engineers
Attn: Mr. Steve Chapin ~f, i ~~!
151 Patton Ave, Room 208 ~ ~ '" "~ ~,I °
Asheville, North Carolina 28801-5006 RE~E~VED --~
MAR £g 1;1i~7
RE: Su erior Pro erties of Iredell -Restaurant Site ~ewr~ ~~~'~? r~ t,~c;WL,i t
p P ~7lANpd q,,~3's` Ti+~~ivRns~ a~,k`=
Iredell, North Carolina -
After-the-Fact Nationwide Permit 39 Request
AID # 200430677
DWQ Incident # 200604546 & NOV-2006-OP-0053 NCAC 02H .0500 and NCAC
02B .0211 (2) and General Permit NCGO10000
Mr. Chapin:
The purpose of this correspondence is to request that an After-the-Fact Nationwide Permit 39 be
issued for the above referenced project. A previous permit for the site (issued for Mad Dog
Properties, LLC, AID# 200430677) authorized 140 linear feet of impact. However, the NC DWQ
issued n Notice of Violation for the site on January 16, 2007 in which they cited an approximate
250 linear feet of stream impact. Superior Properties of Iredell, the project proponent, has
calculated, from survey maps, etc., that the actual stream length disturbed on site was 240 linear
feet. They regret this violation and plan to amend the situation through this request for a Section
404 Permit and 401 Water Quality Certification and by providing the appropriate mitigation.
The impacts requested in this permit application are for 240 linear feet of stream impact for road
and entry crossings. These impacts are necessary to access the eastern portion of the property in
order to construct a restaurant. 25' buffers will be placed on either side of the remainder of the
stream on site to ensure that it will be left undisturbed. In addition, a wet detention basin is
proposed to provide for the further protection of the remaining stream reaches on the property.
The proponent is proposing payment into the NC Ecosystem Enhancement Program for mitigation of
the loss of streams on site. NC EEP has accepted our request for 240 linear feet of worm stream
restoration. A copy of the acceptance letter is attached for your review.
It is our understanding that a project located on the property immediately upstream has been
authorized to fill the entire stream tench above the property line shored with Superior Properties
and to construct a stormwater basin on top of the filled stream urea. The outlet from this basin is
supposed to be located away from the original strenmbed. For this reason, it will not be necessary
to provide for the passage of aquatic life, since no stream habitat will exist above the pipe on site.
Newton Office Canton Office
PO Box 224 wnrinc.com PO Box 882
Newton, NC 28658 Canton, NC 28716
828-465-3035 828-648-8801
828-465-3050 Fax [phone] Fax

A site plan/impact map is attached for your review, as well as a copy of the previous permit, a copy
of the NOV and response to DWQ, site vicinity map, stormwater calculations, soil survey, usgs, EEP
acceptance letter, and agent authorization form. Feel free to call with any questions that you have.
Best regards,
1' o~o~ ~01~r'YtitaM
Pamela Bowman
828-310-6845
Cc: NCDWQ
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
NCDWQ
Attn: John Lesley
610 East Center Ave, Suite 301
Mooresville, NC 28115
Newton Office
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax
Clyde Office
wnrinc.com 217 Paragon Parkway, # 142
Clyde, NC 28721
828-627-0051
2 828-627-0052 Fax

Needed Information for Jusidictional 8~ Permit Requests:
Name, Mailing Address, Phone Number of Owner/Applicant
Name: Howard Bryan
Company: Superior Properties of Iredell
Address: P.O. Box 1654
Statesville, NC 28687
Phone: [phone]
Street Address of Project
1045 Charlotte Hwy, Troutman, NC 28166
Waterway
UT to Kerr Branch
Basin
Yadkin
City
Troutman
County
Iredell
Decimal Degree Coordinate Location of Project Site
35.6675 N 80.8504 W
USGS Quadrangle Name
Shepherds

WNt
~~~ r r
Wetland end Natur*f Reso urCe ~~~
Consnltanrs~~ Iq~.
bapQrtmertt of thls Mrny
Wil~tOn district, Corps o! cnQineers
Attn: xnn JoAy, Chief Repviatcxy DivRian
'V tl4x ? 9417
w~lrr~fn~tvrs. North Carolina, 2&102-t$9Q
~rid-
NC Olvplon of ?water quCrNfy, wetianQs unit
rtttn. CYndt Karvhr
X321 Crabtre9 t;IvCt.
Raleigh, North CCrotinq. 27104-?260
P,62
miff
~~~
r
I, the current lardown~x of the ~xopCrtY identified belativ, hereby autt~orira WetlanC and Noturoi
Resource Conswtar+h. int, tp vCt an my behalf ~ my opent during me deierrntnattan o4
rvgviated ffr'nits of waters anc! w+atlands and prt~cessirPg of permits to irnpoCt 'Wetlands and
water: at ttse !.ts tnat aye regtY~iated by the Clean water Act and tt,r RivOts cnd ~tarbors pct.
i:QderaF and S-gtn agents cre autttari:ed to be on ;Citl prop~Drty when accarnganted by
wetland and tvaiuraf Resource Consultants, Inc. stotf.
wetland and tvcrturat Rwsn~rce Consultor:fs. fnc. is authortied to pr-ovi~3e supptsmontui C~~~~~
Information needed fpr perrhif precassin~af the request of the or DW©. ~n
~'1lPE~~o p~t.G'i~12~'7~5 c 1~R>EDE~-Z-~-IlVitt~~ t i~
Property Owner i Applicant: ~-~N C. ~FN~r., ,,h;~ ~"~cr~ R , ~tt+'t S G ~ C5 °~~
Contact Nome: t1!d. ('` Y}lQ v1
sheet ,~amess ~ PO Bvx:~- ~ D Qa~ x 1 ~ 5 4-
c,iy, state, r~ code: ~~te s d ~ (~~. n(` C y 8 6~ 7
pt+one f Fax Number: 7fl ~}- g7 ~ -~'~ 5a ~~X 7~ ~ L 7 ~ -'~ ~~ ~•-
Project NOt719: '~ E'S' (~V g9~"~~ ! _
t a 5 C~fa-gra..~,1~ T'{'~ F4~W Y
Propa~y Street Address: 'TQC 11TH A~*-1 ~~ Ali C _ ~- ~ I (c, ~,
(street add ets. city. State. zip)
ovrners /Applicant Signot:rre: ~
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r~rewtan offfcs C-rde a~
PO eax 7?.r- wnrinc.com ~ B~wr tld2
tM~rhOrr, rvC 2t16.3i? canton. NC ~T f 6
8'I8-s65+3[Cf5 929-~8•rl9t}i
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~.5. ARMY Cl7RPS OF EN+~~i+,~E~RS
~~'II.MIriGTQN UYSTRICT
Action Id. 7B[)4.30t5'Z~ Counr~ Ir~l Quad ,5'HFP'r-tF.RTIS
GE;~ERAL PERMIT.{REGTO'~AL ANYI NATTOl'~lWIAT) VERIFICATION
Property owner: Mild Dog Properties, 1.LC
Address: 105 Pinerldge I7rivr, I-Iuntersville, NC ? 8478
Telephone No: 70494$-0832
Zone: 44 i1-f14f ar LAT~ZONG: North: 3945773 East: 486541
Size and Location of prvjeet (water body, road name/number, town, etc.): Ths project site is !orated 0.5 tulles south of
Interstate 77 on Charlotte l-iie~,lrway in Iredell County, North Carolina. The project proposes 140 linear feet of stream
impacts in an unnamed tributary to Kerr Brandt.
Description of Activity: This permit authorizes t~ installation of 1201inear feet of pips and 20 linear feet of rock
riprap associated with the construcdoa of one road crossing and turn-around cu~ea for commercial developtriznt.
Applicable; Law: _}C_ Section 404 (Clean W attr Act, 33 U.S.C. 1344)
(check all that apply) Section l0 (River slid Harbors Act of 18991
Authori2asion: tiVJ39 Nationwide Permit Number
Your work is authorized by this Rsgicnal General RGP) or Nationwide Permit (NWF; provided it is accornplisheri in
strict accordance with th. attached eonduioas and your submitted plans. if yow acdvity is subject to Section 4@4 (if
Section 404 block above is checked), before beg'"~ work you must also rive a Section 40i water quality
eertificatian from the N.C. Division of Water Quality, telephone [phone]$6. For any activiry wiihin the twtnty
coasral counties. before beginnurg work you roust contact the N.C. Division of Coastal ~lartagetrenr, telephone (919)
733-2293.
Please read asrd carefully comply with the attached conditions cf the RGP or N W'P. Any '~ iolation of the conditions of
the RGP or the NWI:' refdrenced above tray subject tl:a pertnitteo to a stop .cork order, a restoration order, and~`or
appropriate legal action.
This pepar•msent of the Auny 1tGP or NWP verification does not relieve the p~tnittee of die responsibility fa obtain any
otlztr required Federal, State, or local approvalslpermits. The pemaittee ttsa}• need to intact appropriate State and local
agencies bF-fare beginaing work.
if there are any questions regarding this aLthorizatian or any of the conditions of the General. Pet~trit ar Nzzia¢rwide
Permit, please contact tine Corps Regulatory Official specified below.
Date: ley 7 20~
Corps Regulatory Official: Amanda D. 3ones Telephony No.: {828) 271-7980 x 23 ]
Ea-piration Dais of Verificatioa: May 7; 2006
SURVEY FLATS, FIELD SKETCH, ~`d4LTl-ANB DBLINEATIbN FORMS, PROTECT PLANS, ETC•, ~NST 8>i
ATTACHED 70 TIDE FILE COPY OF 'PHIS FCRN-, ZF itEQL'lltED OYtA`'AILABI.7E.
~c: Wetland and Natural Tiesvurce Consultarrts, Ire., ATTI*i: Jennifer Robertson, 217 Peron PsrkwaY. #142,
Clyde, NC 28721.
CES,pW Form 5B7
WrvINd Juy 1'J95

0 7 0 4 1 9 :'~
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Wetland and Natural Resource ......-,..,,-,..
Consultants, Inc. ' -'' "='~`~~~~'
-.i. ~ ••
Mr. John Lesley
NC Division of Water Quality
610 East Center Ave, Suite 301
Mooresville. NC 28115
January 30, 2007
RED Notice of Violation and Notice of Recommendation for Enforcement Letter
Incident #: 200604546 & NOV-2006-OP-0053 NCAC 02H .0500 and NCAC 02B .0211 (2) and
General Permit NCGO10000
Superior Properties of Iredell -Charlotte Hwy, Parcel # 4750022928
Mr. John Lesley:
The purpose of this letter is to respond to the Notice of Violation received for the site on January 16, 2007.
A previous permit for the site (Mad Dog Properties, LLC, AID# 200430677) authorized 140 linear feet of
impact. However, the NOV cited an approximate 250 linear feet of stream impact on the site. Superior
Properties of Iredell, the project proponent, has calculated, from survey maps, etc., that the actual stream
length disturbed on site was 240 linear feet.
The proponent is currently working with WNR and an engineer to prepare a permit application to submit to the
Army Corps of Engineers and to the NC DWQ for an after-fact-permit for impacts completed on site. The
proposed mitigation for the loss of Waters of the US will be payment into the NC Ecosystem Enhancement
Program. We have submitted a request for 240 linear feet of warm stream restoration. A copy of the request
form is attached far your review. We will send a copy of the acceptance letter when we receive one.
In an effort to immediately abate the cited violations, Superior Properties of Iredell is preparing a permit
application to submit to the Army Corps and NC DWQ for the impacts on site and mitigation is proposed by
purchase into the NC EEP for the entire amount of impact. In addition, stormwater BMP's are proposed to
provide for the further protection of the remaining stream reaches on site. We anticipate the submittal of
this permit application by Friday, February 2. In the event that the after-the-fact permit and water quality
certifications are issued, we feel that it is inappropriate to assess civil penalties at this time as the intent of
the regulations and protection of regulated Waters of the US will be achieved.
Respectfully submitted,
C=~`
Tamp Bandy
828-302-3437

tvewton Office Canton Office
PO Box 224 wnrinc.com PO Box 882
Newton, NC 28658 Canton, NC 28716
828-465-3035 828-648-8801
828-465-3050 Fax [phone] Fax

JAN-19-2007 i0: i2
.~o~ w A rFRo
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7048727629 P.02
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
Janl.tary 16, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. William Pope -Registered Agent
Superior Properties of Iredel( Limited Partnership..
l 13 North Center Street, Suite 200
Statesville, NC 28677
Dear Mr. Pope:
0 7 0 4 1 9
Subject: Notice of Violation and
Notice of Recommendation For Enforcement
Incident #: 200604546 & NOV-2006-OP- 0053
NCAC 02H .0500 and NCAC 02B .021 l (2) and
General Permit NCGO 10000
Charlotte Highway, Parcel # 4750022928
Iredell County, NC
On December 2 1, 2006, Mr. Barry Love of this Office conducted an investigation at the subject site. During the
investigation Mr. Love observed that approximately 250 linear feet of stream had been disturbed from the placement of
culvert and rip rap. This letter is being issued as a Notice of Violation and Notice of Recommendation For Enforcement
for failure to obtain a 401 Water Quality Certification pursuant to 15A North Carolina Administrative Code (NCAC) 02H
.0500 and for the removal of best usage of the waters (NCAC OZB .02 ] 1 (2)) of the state for the unapproved impacts.
Based on this office's inspection of the site, the following violations were found:
NCAC 02H .OS00 -401 Water Quality Certification
Mr. Love observed that approximately 250 If of stream had been impacted at the site, and the culvert was
improperly installed. Impacts of greater than or equal to 150 linear feet of stream require approval from the
Division of Water Quality. A review of this office's files failed to show any approvals issued for the subject
impact. Be advised that approval must also be obtained from the Army Corps of Engineers.
Also be advised that for impacts in excess of 149 (f of stream, stream mitigation is required. This may be
accomplished through providing an approved stream restoration plan or payment into the Ecosystem
Enhancement Program.
NCAC 2B .0211 (2): Preclusion of Best Usage
The piping of the stream resulted in the loss of use of the channel for aquatic life. Specifically, 15A NCAC 2B
.021 ] (2) states that the preclusion of best usage, which includes "...aquatic life propagation and maintenance of
biological integrity, wildlife, secondary recreation, and agriculture ..." represents a water quality standard
violation.
POPE MCMi,i.A:i i{u"'TEu
Nom" Carolina
~tura!!r~
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet rtcwaterquality.org FAX [phone]-b23-b748
An Equat OpporttmitylAfflrmatlve Actlon Erttpbyer - 50Me Recycied1109'e Past Consumer Paper

JAN-19-2007 ?0::2 POPE MCM~.:.AN RliTTE:i 7048727629 P.03
If you have submitted and received an approval for a sediment and erosion control plan, be advised that
the DWQ Stale General Stormwater Permit (NCGO10000) is issued along with this approval letter. The permit
requires the installation of a rain gauge, regular inspections of stormwater discharges and erosion control devices,
and record keeping. It is requested that any records for the past year be submitted to this office within 24 hours of
receipt of this notice.
This office requires that the violations be abated immediately. If you have an explanation for the noted
violations that you wish to present, please respond in writing within fifreen (] 5) days following the date of receipt of
this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your
explanation will be forwarded to the Director with the enforcement package for his consideration. Please note that
these violations and any future violations are subject to civil penalty assessments of up to 525,000.00 per day for
each violation.
In addition to your response and prier to any further work in the stream, aPre-Construction Notification (PCN)
form and/or a stream restoration plan, and a timeline for completion of the work must be submitted to DWQ. It is
strongly recommended that a person with experience in such matters be consulted. Thank you for your prompt attention
to this matter. If you have any questions, please do not hesitate to contact Mr. Love or me at [phone].
Since ly,
John Lesley V
Acting Regional Supervisor
Surface Water Protection
Attachments
cc: US Army Corps of Engineers
Danny Smith - Compiiance/Enforcement
Wetlands Unit-Ian McMillan
MRO -Land Quality
Becky Fox -EPA
Central File
TOTAL P.03

NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM 0 7 0 4 1 9
Revised 10/02/2006
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
CONTACT INFORMATION
~ 1. Business or Individual Name
2. Street Address or P O Box
-3. City, State, Zip _.__.-_-___...-
4 Contact Person
5. Telephone Number
6. Fax Number
7. E-Mail Address (optional)
APPLICANT'S AGENT (optional)
C1~`.c Nc~~ural Qesou~c~
r ~
~ t~e+ Cc:~5it1~-a~nts ~
New~o~~ (UL Z~~Sg
'!' ~ i v~P~ ct p w ,rYl Q l/~ ~
~Z$ - y ~S - 305 0
(~ c~ me,l c~ ~Z ~v e ~-1 a r~l - ~ c ns u I
_ APPLICANT
SuQrzri pr PC'o(~f ~~~5 cF I~ C~.\I
~~C lV W Ci ~ ~ ~ f 1.~~ y~
Q-"---
~l o ~+ - g11_ ~_q 5 ~__
~~y-~~3__o5c,
n {-s.CG ~
PROJECT INFORMATION
8. Protect Name
9. Project Location (nearest town, city) ', J
', ~ r~'~~kY`nLLt'\
10. Lat-Long Coordinates (optional) 3 5 . ~ ~ -~ ~ o N 8 p ~ ~S~ S
-
----
11. Project County -----------------
---
-'
Z ~~-~dz11
12. River Basin
13. Cataloging Unit (8-digit) (See Note i)
034 01 0'L
~~ 14. Riparian Wetland Impact (ac.) (e.g., 0.13)
i _.._-....._-_...._...__ --------.._-.._..---------------------------- ~ N' n -~
!----------- ------_...--------------------
15. Non-Riparian Wetland Impact (ac.) N I
16. Coastal Marsh Impact (ac.) ~ N
-- - ---
17. Stream Impact (ft.) (e.g. 1,234)
! I Warm Cool i Cold
(See Note 2)
~-y ~

18. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) _

~ (i"~
!_- (See Note._3~.
19. Buffer Impact-Zone 2 (sq. ft.)
N_1. ~-----------------------------------___
IMPORTANT ~
j Check (~l) below if this request is a:
Signature of Applicant or Agent:

_ revision to a current acceptance, or i ~,

_ re-submission of an expired acceptance I Date: I O ~
i ~ I 3d
I -
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http://cfpub.epa.gov/surf/Iocatelindex.cfm
Note 2: For guidance on stream temperatures, go to:
http://www.saw. usace.armv.mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or [e-mail]

o yystem .
.~' all ~~~C~1~1~~~
PROGRAM
February 7, 2007
Howard Bryan
Superior Properties of Iredeil
PO Box 1654
Statesville, NC 28687
0 7 0 4 1 9
Project: Restaurant- Charlotte Highway
County: Iredell
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certifecation/CAMA permit within this time frame, this acceptance wil! expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be
issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work.
The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies
listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followine table.
Yadkin
03040102 Stream (fee[) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri azian Non-Ri arian Coastal Marsh
Impacts 0 0 240 0 0 0 0 0
Credits 0 0 480 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919} 716-1921.
Sincerely,
~. ~)l ~-
Wi D. Gilmore, PE
Director
cc: Cyndi Kazoly, Wetlands/40I Unit
Amanda Jones, USACE-Asheville
Alan Johnson, DWQ-Mooresville
Pamela Bowman, agent
File ~~~
RP.,StDrl,G(~... ~ ~ ... P~Ot~~ Octy' StR.~"L
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5-0476 / www.nceep.net

Office Use Only: Form Version March OS
X 7 0 4 1 9
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
RF~EIVED
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
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 Certif cation
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
~~'~i"!
1. Owner/Applicant Information ~~' ~ ~-~ ~•~ ~~`~ "=~ ~~
Name: See attached went authorization ~
Mailing Address: ~~~'~ ~ ~~~~
Telephone Number: Fax Number: ry~k~,~t~ ,,, . ~ , s~,k ~.ty
'JttE7l.ftit~Q~,~:aU ~(fi~P~91~d~1hF{ tfl~ItNCp~
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Pamela Bowman
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: PO Box 224
11 South College Avenue
Newton, NC 28658
Telephone Number: 828-310-6845 Fax Number: 828-465-3050
E-mail Address: wnrinc(a~aol.com
III. Project Information e
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
Page 1 of 8

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: Restaurant Site, Charlotte Highway
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 4750021948
4. Location
County: Iredell Nearest Town: Troutman
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Troutman, head
south on Hwy 115 (which turns into Charlotte Hwy). The site will be approximately 1/2 mile
past I-77 on the left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.6674°N 80.8511°W
6. Property size (acres): 1.48 acres
7. Name of nearest receiving body of water: UT to Kerr Branch
River Basin: Yadkin
(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/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is mostly cleared. It is located behind a landscaping
companyportion of the stream on site has been piped through hi~h~round and the
original streambed has been filled.
Describe the overall project in detail, including the type of equipment to be used: The project
involved the installation of 240 linear feet of pipe and the filling of the stream. Trackhoes
and other rg ading equipment were used to complete this project.
Page 2 of 8

Explain the purpose of the proposed work: The project will provide access to the property
order to construct a restaurant.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A Nationwide Permit 39 Verification (AID #200430677) was si neg d for
the property on May 7, 2004 that authorized 140 linear feet of stream impact. DWQ issued a
Notice of Violation for the project on January 16, 2007 that stated approximately 250 feet of
stream had been disturbed on site.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: 240 linear feet of stream was filled.
1. Individually list wetland impacts. Types of 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.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet)
N/A
Page 3 of 8

Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage. multiply length X width, then divide by 43.560.
Stream Impact
Number

(indicate on ma)
Stream Name
Type of Impact
Perennial or
f nterm ittent? Average
Stream Width

Before (m act Impact
Length

(linear feet) Area of
Impact

(acres)
Stream Impact UT to Kerr Branch fill intermittent 3 240 0.017

Total Stream Impact (by length and acreage) 240 0.017
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dred~ina. flooding. drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
5. List the cumulative
Stream Impa
to all Waters of the U.S.
acres:
from the roj
0.017
Page 4 of 8

Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.017
Total Stream Impact (linear feet): 240
6. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
7. 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
Describe the method of construction (e.g., dam/embankment, excavation, 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
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The road crossing is necessary
to access the nronerty and allow for enoush buildable area for the lot to be useful for a restaurant
and its associated parking lot. The subiect stream appears to be of low quality
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 January 15, 2002, 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
Page 5 of 8

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 NCEEP 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.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation is proposed at a 1:1 ratio by purchase into NC EEP. A copy of the acceptance
letter from EEP is attached.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 240
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. 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)?
Page 6 of 8

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 ^
X.
3. 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 ^
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not .impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B :0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify N/A)? Yes ^ No
2. If "yes", 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 Multiplier Required
(s uare feet) Miti ation
I N/A 3 (2 for Catawba) N/A
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the 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, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI.
Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. A wet detention Bain will be constructed onsite to
remove 85% TSS from the stormwater runoff from the site, as required by DWQ. A copy of the
signed Stormwater mana eg ment permit application form is attached.
Page 7 of 8

XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary sewer will be used.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this an after-the-fact permit application? Yes ® No ^
XIV. Cumulative Impacts (required by DWQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No, this
project will provide access to this property only. The parcel is landlocked and bordered on the
east by railroad tracks.
XV. 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).
N/A

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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Permit No.
(to be provided by DWQ
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form maybe photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Superior Properties of Iredell Limited Partnership
Contact Person: Howard F . Bryan Phone Number: ~? 0 4 ~ 8 71- 7 9 5 0
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation
Permanent Pool Elevation
Temporary Pool Elevation
867
870
871
ft. (door of the basin)
ft. (elevation of the orifice)
ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 2 9 7 4 sq. ft. (water surface area at the orifice elevation)
Drainage Area 1.4 7 9 ac. (on-site and off-site drainage to the basin)
Impervious Area 0 .9 7 6 ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DA'
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
5 7 2 6 cu. ft. (combined vohune of main basin and forebay)
3 3 4 6 cu. ft. (vohmie detained above the permanent pool)
19 9 8 cu. ft. (approximately 20% of total vohrme)
2.69
0.75
7
85
(surface area to drainage area ratio from DWQ table)
in. (2 to 5 day temporary pool draw-down required)
m.
(minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

..
Footnotes:
1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. if a requirement has not been met, attach justification.
Applicants Initials
ACJ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
ACJ b. The forebay volume is approximately equal to 20% of the basin volume.
ACJ c. The temporary pool controls runoff from the design storm event.
ACJ d. The temporary pool draws down in 2 to 5 days.
ACJ e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
calculations)
ACJ f. The basin length to width ratio is greater than 3:1.
ACJ g. The basin side slopes above the permanent pool are no steeper than 3:1.
ACJ h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
ACJ i. Vegetative cover above the permanent pool elevation is specified.
ACJ j. A trash rack or similar device is provided for both the overflow and orifice.
ACJ k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
ACJ 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
ACJ m. A mechanists is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does ~0 does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does ~ does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 2 .2 5 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2.2 5 feet in the forebay, the sediment shall be removed.
QASIN DIAGRAM
-- (/ill in the blanks)
Permanent Pool Elevation $ 7 0
Sediment Re oval El. 8 6 7 . 7 5 ~ 75 °
______________ _ Sediment Removal Elevation 867.75 75%
Bottom Ele ation 867 % --------------------------------------------- -------
Bottom Elevation 8 6 7 25%
FOREl3AY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

• 7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I atn responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: Allen C . Johnson
Title: Partner
Address: P. O. Box 5339, Statesville, NC 28687-5339
„~_~_... 704-838-1008.~-~
Signature: Lam( C,.C~'~
Date: ~ -- ~ '" ~
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
/ ? ,~~
I, .~% ~ ~w~/ , a Notary Public for the State of ~o~~~ ,
County of ~~~e~a,~-~' , d~o,.,he~reby certify that
personally appeared before me this ~,~- day of ~ auc~~. , ~©Q acknowledge the due
_ ~_
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
SEAL
My commission expires c5 ~ / ~ -- ~ o / ~;
Form SWU-102 Rev 3.99 Page 4 of 4

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So i I Survey
Superior Properties of Iredell - Restnurnnt Site
Iredell County, North Cnrolinn
SOU NTY, NCIRTH CAROLi NA - SHEET N U~
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CfC2 -Cecil fine sandy loam, 6 to 10 percent slopes, eroded
Lo -Local alluvial land