20001449 Ver 1_General Correspondence_20030331

401 ISSN
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
~ Fax [phone]
March 22, 2003 `'~~~ ~r
,~
WETLANDS/401 GROUr~
Mr. Todd St. John
Division of Water Quality - NCDENR MAR ,~ j
2321 Crabtree Boulevard, Suite 250 20Q3
Raleigh, NC 27604 ~NATER
QUALITI~SECTI
Re: Beatty Road Residential Development - DWQ Project #001449 ~N
Dear Todd:
On behalf of my client, Mr. Bob Dienst of Dienst Enterprises, I am requesting a modification to the 401
Water Quality Certification for the proposed project. In general, we are requesting the ability to phase the
submittal and implementation of the stormwater management plan for the townhouse areas of the project as
required in the 401 WQC. At this time the actual layout of the Townhouse Area - B as depicted on the
attached map has not been designed. The layout on the attached plan was only for illustrative for planning
and zoning purposes. The design of Townhouse Area - D is currently being designed and the planners-;and
engineers for the project are in the process of preparing the written stormwater management plan for your
approval. The stormwater management plan will include plans and specifications for stormwater
management facilities designed to remove 85% TSS according to the most recent version of NCDENR
Stormwater Best Management Practices Manual.
Any stormwater management plan design for Townhouse Area - B would be fictitious and would need to be
revised based on a final layout, building style, and market. However, a stormwater management plan will
be submitted for Townhouse Area - B when a land plan is developed. The stormwater management plan will
include plans and specifications for stormwater management facilities designed to remove 85% TSS
according to the most recent version of NCDENR Stormwater Best Management Practices Manual. At this
time there is no definitive schedule for Townhouse Area - B. However, Dienst Enterprises proposes to
submit a schedule for submittal of the stormwater management plan, immediately upon beginning actual
planning for Townhouse Area - B.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
~onard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
Mr. Mike Parker - NCDENR -Division of Water Quality

/ LJJI
_~ )° i
~ ! W ~ ~~ l _
- ~ ~ W ... -
~ ~
tit a - v ~
~ T
Q..i~ ...ria J I a ~=. ~q i/I <\ - ~ f 'y `•f f ~
~' l ^ rrs W ~ ~ ~ j .l' its Ql • ~i _ 'r ~
F '' ` ~ f `,
..p - , s v; - _~- a
r _ ~ t s - _ t tl - -
- ~ ~ ~
Q 0. ~Me O ~ b
s ~ z ~, ~ , i
Ir=a 3 _
Q ~ ~ '; ~ z g ~ s s _ ww~
Z ;€ ~ `
°~ W ~' Zd F ~,~ ~ s _ o
o `,
a •• : ~ :. ~ m Z ~
a~ W i ~ d ~- `- W ~ m
_ _ o
Z ~D . ~ . - ~i Z ~ ' s - ~ ~ ~ 'r 4 W V m
~ ~ ~ ~'-~l s ~` ~ W Z p
~- ~ LO~ ~~ - _ -- f ~._. Z ~ T ~ J W ~ C~
--~.;.~ ~
;` ' -~- F~ W ~'
- - 4 Q ~ Q
_~ d O ''~~ v C7 a

QQJ
QN ~ ~f _
Ins ',
~ ~ -
.~ W ~ ;~ ~ -
... _ ~ - _ _
~1 a- ~`"-
W v~ _ ~
___, - ~ ~~ , _ -, . , a
r ~~~
' ~~ ~ ~ rrs ~ 7 1. ~ ~• ` ~ o • 4 • J i 1~~ ~ J
_\ Y. _ ~
_ . S ® _ ...
~ ~~~
J _ _ l~"t t s ~IH _ J ~ R ~
~ ~
X '~ _ _ s ~
v ~- i '
~ - _ ~ _ ~ ~ `yam _ = r - _- • i~ •~
i~ 3 T. W ~~l r .- - .~J- s
Q ~ _ a ~ ~ ~• .:g r
`,
p a _ - ~ - ~/~-- ~ . ~ C m
F-ak - ~; -- _ - ~Z p
' ~ Z W
- - ~- - - -" - ~ it"'"' +~~
~ ~w ~' , ~ - z - a W W ~
t _, Z v
_ _ ,~.
_ '~r ~ ~ - -~-- H W LC
~ - - c •"'
.,~~r

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
~ ~ •
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 4, 2000
Gaston County
DWQ Project # 001449
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Bob Dienst
Dienst Enterprises
125 Easton Drive
Mooresville, NC 28 i I7
Dear Mr. Dienst.
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.18acres of wetlands
and 6601inear feet df streams for the purpose of conswcting a residential development (Beatty Road residential development) as described in
your application dated November l7, 2000. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers l4 and 39. These certifications allow you to use Nationwide Permit Numbers 3289 and 3287 when the Corps of
Engineers issues them. In addition, you should get any other federal, state or locat permits before you go ahead with your project including
(but not limited to) Sediment and Erosion Control, Coastal stormwater, Non-Discharge and Water Supply Water shed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If you change
your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a
copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in ISA NCAC 2H .0506 (ti) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall he placed on all remaining jurisdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of [he date of this
• ~Wr or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwater management plan shall be approved by this Office for the townhome areas
before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for
stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Sror,nwrrter Berr
Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this
Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented
3. A~i'roaa crossing impacts shall be less than or equal to 150 linear feet.
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, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 John Domey at 919-733-9646.
Si ly,
r
• .Stevens
Attachrrtent
..... Carps of Engineers Asheville Feld Office
Mooresville DWQ Regional Office
File copy
Central Files
Todd SL John
L.en Rindner
Division of Water Quality Wetlands/401 Unit
1621 Mail Service Center • Raleigh NC 27669-1621 • Telephone [phone] • FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130208; 200130211 County Gaston
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Dienst Enterprises, Attn: Mr. Bob Dienst
Address: 125 Easton Drive
Mooresville, NC 28117
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Beatty Road Residential Development located on approx. 136 acre tract on the west side of
Beatty Rd., south of S. New Hope Rd.; SW of Ehnores Crossroads
Description of Activity:
(1) NWP 14 (200130208) -Construct minor road crossings on 4 separate unnamed
tributaries to Catawba Creek; (2) NWP 39 (200130211) - Construct a minor road crossing
on an unnamed tributary in association with the above referenced development. There are
over 11,000 LF of streams on the project site. Over 94% of these streams will be avoided
by the development. Remaining streams on the property will be protected with vegetated
buffers 50 feet or wider and in some areas 35 feet. In addition, Catawba Creek will be
buffered by a greenway deeded to Gaston County Parks and Recreation.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14. 39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone
[phone]. For any activity within the twenty coastal counties, before beginning work you must contact
the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.

Date_ December 19. 2000
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification December 19, 2002
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995