20070455 Ver 1_401 Application_20070307

G L E
INEERING
March 9, 2007
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Ralei h NC 27699-1650 '°
Attention: Ms. Cyndi Karoly `'"`
Re: 401 Water Quality Certification
+/- 45-Acre Tract of Land 0 7 0 4 5 5
Matthews, Mecklenburg County, North Carolina
Ea lg a En in>; Bering, Inc. Project No. 3229-E-NC
Dear Ms. Karoly:
Eagle Engineering, Inc. (EEI) has conducted a jurisdictional wetland determination on an approximately
45-acre tract of land located at the southwest quadrant of Idlewild Road and Stallings Road in Matthews,
Mecklenburg County, North Carolina ("subject property" or "site"). A Nationwide Permit 39, dated
February 28, 2007, has been issued for the site by the USACE. As required for the Pre-Construction
Notice (PCN) included herein are seven copies of the following documents:
• Copies of the USACE Permit Verification;
• Preliminary Sketch Plan for proposed site development;
• Site Boundary/Wetland Survey map; and
• Check Number 2258 in the amount of $475.00 (Valley Development, Inc.)
It should be noted that the subject property is scheduled for proposed development of a residential
subdivision comprised of fifty (50) single-family units and ninety-four (94) multi-family residential units
(quadruplex).
Thank you in advance for your assistance with our project. If you have any questions or require
additional information, please do not hesitate to call.
Sincerely,
EAGLE ENGINEERING, INC.
~~ r~ V " -
~VI
Taran B. Beshers Angelique Y.W. Crews
Environm lentist Environmental Specialist
Enclosed
cc: File
Mr. Mike Lunsford, Valley Development

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Atlanta
1601 Cambridge Square, Suite B
Alpharetta, GA 30004
Ph 678 339 0640
Fax [phone]
N' W bti.OaP,~ COnI I nl'. n et
I -866. Ep,G L. L-:NC
Charlotte
2013 Van Buren Avenue
Indian Trail, NC 28079
Ph 704 882 4222
Fax [phone]
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Office Use Only:
USACE Action ID No.
20070455
Form Version March OS
DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 39
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 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), ctleclc.~e~.e~ ;^ i;,~
II. Applicant Information ~;+ ~ `-~
1. Owner/Applicant Information
r~C'rtr : Y
Name: Vallev Development ,~,~~~br~:~ ~,': , ~ ., n:,~,~,,,,,
Mailing Address: 1064 Van Buren Avenue
Indian Trail, North Carolina 28079
Telephone Number: 704-882-5659 Fax Number: 704-882-5571
E-mail Address: [e-mail]
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: Eagle Engineering, Inc.
Company Affiliation: Engineering/Consulting Firm
Mailing Address: 2013 Van Buren Avenue
Indian Trail, North Carolina 28079
Telephone Number: 704-882-4222 Fax Number: 704-882-4232
E-mail Address: [e-mail] and/or [e-mail]
III. Project Information
Page 5 of 13

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: Silver Oaks (Idlewild Road Site)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Mecklenburg County Tax PINS: 21515103,
21515101, 21515111, 21515102, and 21515173
4. Location
County: Mecklenburg Nearest Town: Matthews
Subdivision name (include phase/lot number): Silver Oaks
Directions to site (include road numbers/names, landmarks, etc.): (1) Exit 49 from
H~hway 485, (2) north onto Idlewild Road, (3) left onto Stallings Road, and (4) site
entrance is located on right at 4701 Stallings Road (tax PIN 21515173). This site is
located near the southwest quadrant of the intersection of Stallings Road and Idlewild
Road in Matthews, North Carolina.
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): 35.121689 °N 80.661986 °W
6. Property size (acres): ±45-acres
7. Name of nearest receiving body of water: Unnamed tributary of North Fork Crooked
Creek
8. River Basin: Cat~wba ~ ~~'`~' ~_d _
(Note -this must be one off' North Carolina's`~eventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site currently consists of fallow fields, woodland,
and single-family residential structures. The land usage in the general area is primarily
Page 6 of 13

residential with undeveloped woodland, fallow and agricultural areas. Further east of
the subiect property is Interstate 485.
10. Describe the overall project in detail, including the type of equipment to be used: Typical
site development which consists of grading and clearing activities including equipment
such as backhoes and bulldozers for the purpose of constructing multi-family and
single-family residential structures.
11. Explain the purpose of the proposed work: The subiect property is scheduled for
proposed development of a residential subdivision comprised of fifty (50) single-family
units and ninety-four (94) multi-family residential units (guadruplex).
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 USAGE 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. It should be noted that there is no information indicating previous
determinations and/or permits.
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.
None known.
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.
Page 7 of 13

Provide a written description of the proposed impacts: Impacts may involve filling and
grading activities in the following areas: (1) onsite farm pond; (2) area of concern beneath
farm pond; and (3) unimportant intermittent channels
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
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Wetland C* Grading and fill Forested No 0 0.147

Total Wetland Impact (acres) 0.147
*A and B omitted
2. List the total acreage (estimated) of all existing wetlands on the property: 0.147
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
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Channel B Unnamed Grading and fill Unimportant
Intermittent 5 feet 677.35 0.077

Total Stream Impact (by length and acreage) 677.35 0.077
Page 8 of 13

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, dredging, 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)
Existing Farm Pond Unnamed Grading and fill Farm pond 0.486 acres

Total Open Water Impact (acres) 0.486 acres
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres): 0.147
Open Water Impact (acres): 0.486
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet):
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.
No onsite delineation has been made by the USACE, however, based upon
determination activities, the existing farm pond is an isolated water feature.
7. Pond Creation (NA)
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 9 of 13

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed construction
activities will incorporate a common space area consisting of 3.92 acres in the vicinity of the
onsite channel B as to minimize channel disturbance. The common area for the entire
proiect consists of 5.54 acres. Site constraints such as SWIM buffer ordinances will be
strictly followed during site development. According to a proposed sketch plan, which has
been_~proved by the Matthews Planning Board, the minimum required zoning density per
lot s_4,500 square feet. The average lot size proposed by the developer consists of 11,454
sauare feet.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on 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
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or 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/strm~ide.html.
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.
If the onsite channel B is identified by the USAGE as unimportant intermittent and
wetland C is not deemed as a wetland, then mitigation will not be required.
Page 10 of 13

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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate/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)?
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
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 ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(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 )? 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.
Page 11 of 13

Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. 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
within 15A NCAC 2B .0242 or .0244, or .0260.
as identified
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. This level of detail with respect to site
development activities has not been addressed as of the issuance of said PCN.
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.
This level of detail with respect to site development activities has not been addressed as of
the issuance of said PCN.
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:
Page 12 of 13

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).
~:~
1/26/07
ApplicantJAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

C.~~ e.~~ ~-v SOS ~:~ 5~.--t-~.~
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U.S. ARMY CORPS OF ENGINEERS ,~~ G ~! ~'~"~ T~
WILMINGTON DISTRICT
Action ID. 2007-701-360 County: Mecklenburg USGS Quad: Cornelius
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Valley Development
Address: 1064 Van Buren Avenue v 0 7• p 4 5 5
Indian Trail, North Carolina 28079
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Silver Oaks development
located on a 45 acre tract near the southwest quadrant of Stallings Road and Idlewild Road; in
Matthews
Description of projects area and activity: Impact 677 LF of an intermittent, unimportant UT-N. Fork,
Crooked Creek and 0.147 acre of wetlands for the purpose of accomodating the construction of a
residential development. ALL IDENTIFIED PERENNIAL STREAMS ON THE PROPERTY
WILL BE AVOIDED BY THIS DEVELOPMENT.
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 pernuttee 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 deternune
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 Chain Date: February 28, 2007
Expiration Date of Verification: March 18, 2007
Copy Furnished: Eagle Engineering (Angelique Crews)