20081374 Ver 3_401 Application_20100210

LEONARD S. RINDNER, PLLC
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
0$- 1.3114 U3
February 22, 2010
Mr. Alan Johnson
NCDENR Mooresville Regional Office
610 East Center Street, Suite 301
Mooresville, NC 28115
Ms. Cyndi Karoly
NCDENR - 401 Water Quality Certification
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
FEB Ls U 'Li D-4u,
^ 2011'
CENR - WATER QUALITY
1h'ET. ANDS AND v , OR'' 'E!R BRANCH
1
Re: Belimte Commercial Center - DWQ 08-1384; DWO EXP 08-1374v2; SAW
2008-02851-360 - Modification of 401 WOC and USACE Nationwide Permit #39
Dear Madame and Sir:
During the beginning of construction of Brookside Lane at the Belgate Commercial
project, an unanticipated survey problem was discovered that will require an adjustment to
the impacts we received. I have attached the 401 WQC; the USACE NWP Verification;
Stormwater Plan Approval; NCEEP approval and the payment receipt for your
information.
Brookside Lane construction has stopped until this issue is resolved. Brookside Lane
however must be installed as soon as possible due to important contractual commitments.
The other road crossing, Shopping Center Drive is scheduled for construction at an
undetermined later date.
The permits allowed for 291 linear feet of perennial stream impacts. However the
approval and payment to the NCEEP was for 300 linear feet. We will need this additional
nine feet to make the adjustments. We will also need to adjust the design of the other road
crossing so that the total impacts do not exceed 300 linear feet. I have attached drawings
which show the old plan and the new plan overlay.

Summary of Changes
Brookside Lane - initially proposed 107 LF of impact in the original permit (currently
under construction). The proposed impacts after the design adjustment are 133 LF of
impact.
Shopping Center Drive - Previous new impacts proposed 184 LF of impact in the
original permit. The proposed impacts after the design adjustment are 166 LF of impact.
The original submittal included 291 linear feet of perennial stream impacts (mitigation
provided for 300'). The adjusted request is for 300 linear feet.
We would appreciate your consideration in allowing Brookside Lane construction to
continue while submittals are made to modify permits or provide additional information, if
necessary. This will allow the construction workers to stay with the project, meet
contractual obligation, and minimize the period that the site is left in an open construction
condition.
Thank you for yoi nsideration. Please contact me if you have any questions.
Konard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
Cc: Mr. Eric Jaegers - Crescent Resources, LLC
Elizabeth McMillan - Crescent Resources, LLC
2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-02851-360 County: Mecklenburg USGS Quad: Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Crescent Resources, LLC, Attn: Elizabeth McMillan
Address: 400 S. Tryon St., 13th Floor
Charlotte, NC 28285-0107
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Belgate Commercial Center
located on an 81.28 acre tract at the intersection of City Boulevard and I-85 (Exit 43); in Charlotte
Description of projects area and activity: This permit authorizes impacts to 861 LF of UT's-Doh
Creek (570 LF determined to be intermittent with "unimportant aquatic function") and 031 acre of
wetland for the purpose of constructing a commercial center.
MITIGATION:
In order to compensate for impacts to 291 linear feet of perennial stream and 0.31 acre of wetlands
the permittee shall make payment to the North Carolina. Ecosystem Enhancement Program
(NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 300
linear feet of warm water stream and 0.5 acre of wetlands in the Yadkin River Basin, Catalogins_
Unit 03040104.
Construction within iuriisdictlonal areas on the property shall begin only after the permittee has
made full payment to the NCEEP and provided a copy of the payment documentation to the Corps
that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the NCDENR and the Corps of Engineers Wilmington District, dated November 4
1998.
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 conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. 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 requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: October 1, 2008
Expiration Date of Verification: October 1, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
ht_pt ://www.saw.usace.army.mil/WETLANDS/index html to complete the survey online.
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may he relied upon for a
period not to exceed five years from the date of this notification.
C. N There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional deternvnation issued . Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channels on the property are unnamed tributaries to Doby Creek which flow into the Yadkin River and
ultimately flows to the Atlantic Ocean through the Doby Creek>Mallard Creek>Rocky River>Yadkin River system
which is a Section 10 navigable-in-fact waterway at Blewett Falls dam.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
aNO)1FIC1??T0
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REQUES41': FOR APPEALd'r
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.
Applicant: Crescent Resources, LLC, Att'n: File Number: SAW-2008- Date: October 1, 2008
Elizabeth McMillan 02851-360
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or better of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your'rights and options regarding an administrative appeal of the above
decision. Additional information maybe found at http://www.usace,army.mil/inet/functions/cw/cecwo/rep or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT. If you received a Standard Pernut, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein
you may request that the
,
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the pernut
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOT' means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein
ou
, y
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR , UESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Steve Chapin, Project Manager Mr. Michael F. Bell,
USAGE, Asheville Regulatory Field Office Administrative Appeal Review Officer
151 Patton Ave, Room 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801
**1t is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: -Steve Chapin
Issue Date: October 1, 2008
Expiration Date: Five years from Issue Dale
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE. COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mr. Leonard S. Rindner
Permit Number: SAW-2008-02851-360
Permit Type: NW39
Name of County: Mecklenburg
Name of Permittee: Crescent Resources, LLC, Att'n: Elizabeth McMillan
Date of Issuance: October 1, 2008
Project Manager: Steve Chapin
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date
Michael F, Iauiey, Governor
William G. Ross Jr , Secretary
North Carolina Department of Envuonmcnt and Natural Itcsourccs
Colccn If. Sullins. Director
Division or Water Quality
October 10, 2008
DWQ# 08-1374
Mecklenburg County
Mr, David Niekamp
Crescent Resources, LLC
400 S. Tryon Street, 13"' Floor
Charlotte, NC 28285
Subject: Belgate Commercial Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Niekamp:
You have our approval, in accordance with the attached conditions and those listed
below, to impact 0.31 acre of wetland and 861 linear feet (If) (291 If, perennial; 570 If,
intermittent) of unnamed stream to Doby Creek in order to construct the development in
Mecklenburg County, as described in your application received by the Division of Water Quality
(DWQ) on September 16, 2008. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3705, which can be viewed on
our web site at &Qo em.agtahe.nc.Lmirombands. 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 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter;
and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the
following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. Prior to stream impacts the final details for the proposed stream crossing shall be submitted
to DWQ for review.
3. Existing stream dimensions (including the cross section dimensions, pattem, and longitudinal
profile) must be maintained (or restored via constructed benches) above and below locations
of each culvert. If any of the existing pipes are or become perched, the appropriate stream
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grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re-installed correctly.
4. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon
completion of the installation, water flow shall be returned to its natural course.
5. Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the restoration fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the
EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the restoration
fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 360 feet Yadkin 03040104 _
Wetlands j 0.50 (acres) Yadkin 03040104
Waters (acres) -
6. Use of native vegetation and other soft stream bank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods, If riprap is necessary, it
shall not be placed in the streambed, unless approved by the DWQ.
7. Storm water discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks.
8. Prior to stream impacts, a final, written storm water management plan (including a signed
and notarized Operation and Maintenance Agreement) shall be submitted to the 401
Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604)
within 60 days of the issuance of the 401 Water Quality Certification. The storm water
management plans shall be approved in writing by this Office before the impacts specified in
this Certification occur. You have the option of using the Express Review Program for
expedited approval of these plans. If you propose to use the Express Review Program,
remember to include the appropriate fee with the plan. The storm water management plan
must include construction plans, specifications, storm water BMP worksheets, and
supporting calculations. The storm water best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85% TSS
according to the most recent version of the NC DENR Storm water Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitly approved by the Division of Water Quality. Also, before
any permanent building is occupied at the subject site, the facilities shall be constructed and
operational, and the storm water management plan shall be implemented. The structural
storm water practices as approved as well as drainage patterns must be maintained in
perpetuity. No changes to the structural storm water practices shall be made without written
authorization from the Division of Water Quality.
9. Sediment and erosion control measures shall not be placed in wetlands orwaters without prior
approval from DWQ. If approved, they shall be removed and the natural grade restored
within two months of the date of the close out/stabilization of the given drainage area
10. 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 of the upstream and downstream sides of each culvert site to
document correct installation, along with the Certificate of Completion form.
11 Continuing Compliance The applicant (Crescent Resources, LLC; David Niekamp) shall
conduct all activities in a manner so as not to contravene any state water quality standard
(including any requirements for compliance with section 303(d) of the Clean Water Act) and
any other appropriate requirements of state and federal law. If DWQ determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved
use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with
15 A NCAC 2H.0507(d) Before codifying the certification, DWQ shall notify the applicant and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to the applicant in writing, shall be provided to
the United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 150E 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 Mr. Alan Johnson in the
Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh
919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
File Copy
Len Rindner
O?O? W A r?gQG
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4li?Y
Colcert I1. Sullins, Director
Division of Water (duality
October 15, 2008
DWQ# 08-1374
Mecklenburg County
Mr. David Niekarnp
Crescent Resources, LLC
400 S. Tryon Street, 13' Floor
Charlotte, NC 28285
Subject: Belgate Commercial Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Niekamp:
In the approval issued on October 10, 2008 for the subject site, condition #5 of the "additional
requirements" should have stated that mitigation was required for 291 linear feet (If} of stream. A
typo stated that 360 If was required. All other conditions of the 401-certification are still in effect
and are required.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
'Ala D. John n
Surface er Protection
Env. S` . Specialist
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
File Copy
Len Rindner
Mailing Address Phone [phone] Localion
610 Last Center Avenue, Suite 301 Fax [phone] Fast Center Avenue, Suite 301
Mooresville, NC 28115 Mooresville, North Carolina
Michael 1'. Fide}, (iovcnuu
William G. Ross Jr„ Secretary
North Carolina I)epanment of Environment and Natural Resource.,
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Internet: www.uewateruualitv,nre Customer Service I-877-,:3.74$
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RCDENIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 2-4, 2009
Mecklenburg County
DWQ EXP # 08-1374v2
Mr. David Niekamp
Crescent Resources, LLC
400 S. Tryon Street, Suite 1300
Charlotte, NC 28285
Subject Property: Belgate Commercial Center
APPROVAL OF REVISED STORMWATER MANAGEMENT PLAN (SMP)
Dear Mr. Niekamp,
On June 2, 2009, the Division of Water Quality (DWQ) received one set of revised (updated) stormwater
management plans (SMP) for the subject project from Ms. Beverly Rosenbloom of Kimley-Horn and
Associates, Inc. The SMP, with latest revision date of May 28, 2009, was revised to satisfy the Phase II
requirements of the City of Charlotte's Stormwater Ordinance.
On June 3, 2009, the DWQ requested for additional information because there were changes in the
drainage areas, namely DA-2A and DA4, in the plans dated December 18, 2008 and December 19, 2008
previously approved on December 22, 2008.
On July 2, 2009, the DWQ received your additional information including the revised SMP dated May
28, 2009 along with design calculations. The DWQ has reviewed the final version and supporting
information approves them to satisfy the stormwater condition required by the 401 Water Quality
certification issued by the DWQ on October 10, 2008. You are however required to meet the
additional conditions 1 through 5 of the approval issued on December 22, 2008.
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 contact Joseph Gyamfi or Cyndi Karoly at 919-733-1786.
Sincerely,
6?? C-2
Cyndi Karoly, Supervisor
401 Oversight/Express Review Program
CBK/jg
401 Oversight/Express Review Permitting Unit
165D Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hUp:llh2o.enr.state.nc.usincwetlands/
NoethCarolina
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An Equal opportunity 1 Affirmative Action Employer
David Niekamp
Belgate Commercial Center SMP
Page 2 of 2
July 24, 2009
cc: USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
Pile Copy
Bev Rosenbloom, Kimley-Horn, 4651 Charlotte Park Dr., Suite 300, Charlotte, NC 28217
DEC-E2-2000 14:27 FROM: DWQ -WETLANDS 9197336893
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T©:917043330945 P:1/3
Michael F. Easley, Governor
William G. Ross )r., 3eerctnry
North Carolina Department of Environment and Natural Resources
Colton H. Sullins, Diractor
Division Of Watet Quality
EXPRESS PERMIT REVIEW PROGRAM.
Division of Water Quality
Department of Environmental and Natural Resources
401 Over. sightlExpress Review Permitting Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Centcr
Raleigh, NC 27699.1650
Contact Information: Pbonc
Fax #:
Fax To: Matt Edwards/Bev Rosenbloom
David Nielcamp
919-733-0203
919-733-6893
Subject: Belgate Commercial Center Development
Number of pages including cover sbeet: 3
Nimes or special instructions.
Fax #: [phone]
[phone]
Date: December 22, 2008
The on i><'1.a1 will be se in the mail. If you have uestions lease contact Jose h G arnfi at 919-715-3473 or
Liu 1Vlvott C?+llcsiGi at 919-733-9502.
MOne L aro ina
h?trt?lt?
ao t OvcmrghVSNpm-. Revir%v Permitting Unil
1650 Mali Service Centar, Ralcigh, North Carolina 27699.1650
2321 CrpWco SrnrleYi rd, Suite 250, PaWgb, N cn h Carolina 27644
Phone [phone]A6 / fax [phone]
)"tartlet: M nemspate.ncuclncuctlunds
An Equal 0WftvWAfUM%%e Action Employer- 5D% ReoycfadllD°A Post Consumer Paw
DEC-22-2006 14:26 FROM: DWQ -WETLANDS 9197336893
WAre RQc
O ?
TO:917043330645 P:2/3
Michacl F. L•asley, 0ovcrnor
William G. Rms Jr., Secretory
North Camlina Depemnent of Envir4nm mt and Natural ltcsourees
Coleen H. Sullins, Diteclor
Division oT Waicr Qvall'Y
December 22, 200$
DWQ EX? # 084374v2
Mr. David Niekamp
Crescclrt Resources, LLC
400 S. Tryon Street, Suite 1300
Charlotte, NC 28285
Subject Property: Belgate Commercial Center (Stormwater Management Plan)
APPRO'V'AL OF STORMWATER MANAGEMENT PLAN
Dear Mr. Niekamp,
On October 10, 2008, the Division of Water Quality (DWQ) issued a. 401. Water Qualily Certification to you,
(with subsequent revision to condition 45 in the approval issued on October 15, 2008), to place fill within or
otherwise impact 861 linear feet of an unnamed tributary to Doby Creek for the purpose of constructing the
proposed `°Belgate Commercial Project" in Mecklenburg County.
On December 15, 2008, the 401 Oversight/Express Permitting Unit of the DWQ received a stormwater
managcment plan (SMP) dated December 12, 2008 from your engineers Mr. Matt Edwards, PE and Fels. Beverly
Rosenbloom, El, of Kimley-Hord Associates for the purpose of meeting Condition 8 of the 401 Certification for
this project:. The DWQ has reviewed 'the SMP and subsequent revisions dated December 18, 2008, and December
19, 2008 and additional information received on December 22, 2008. Dc final revision has been approved by the
DWQ and satisfies the stormwater condition required by the Water Quality Certification.. You are required to
meet the following conditions:
The stortli wator management system (consisting of four wet deeation ponds, a level spreader, two
densely vegetated filter strips, a bioretetillon area, and their associated stormwater conveyances and
appurtenances) and the grading and drainage patterns depicted on the plans, as approved by this office
must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without
written authoriaalion from the Division of Water Quality. The stormwater management structures shall
have maintenance access and at least l 0-foot drainage easement on each side to allow for the ability to
maintain the structures, and to perform corrective actions. The stormwater easernents Shall be recorded to
provide protection of the. structures from potential alterations by future property owners.
2. The reinforced channel associated with the level spreader shall beat Least 1.0 foot deep.
3, All oporation and maintenance activities shall be followed as stipulated in the Operation and Maintenance
Agreement ,.signed and notarized on December 11, 2008, and received in our office on December 15,
2008.
4, You must submit three (3) copies of an executed Declaration of Deed Rostrictioas and Protective
Covenants within thirty (30) days of recording with the :Register of Deeds, lmdell County, North.
Carolina. The recorded deed shall iriolude the applicable items under Section IV of the Stormwater
Management Application Form received on. December 15, 2009, including, but not limited to, The
N,Q?` t arOllitul
401 avctsight i r,%pmaa Revives Permitting Unit JVkl7[l7I /
1650 Matt SCtviee Center, Ralcigh, North Cmlhm 27699-1650
2321 Crabtree Boulward. Suite 250, Raleigh, North COON 27604
Phone: [phone] FAX [phone] laternec hnv:1!!)2n.cnr.state?t nc 11AM
r.w t'.,,1-1 !\....A.•-N-.IAM..w.. n.:.rn N.M1.f..-. G«...f....n.. LI10/ Il IWI 11_-0 r+.w.....w..-n-
DEC-22-2068 14:28 FROM:0140-WETLANDS 9197336893 70:917043330845 F:3/3
08-1374v2 9elg4te Commercial Centcr Development SMP
Page 2 v£Z
AcCC.Mber 22, 20%
maximum built upon area of any lot or parcel of land draining to th¢ stormwater best management
practices (13MN.
5. Notification of Construction; The applicant and/or authorized agent shall contact the DWQ Express
Review Program in writing at the letterhead address within ten (10) days of the commencement of
Construction.
This letter completes the review of the Division of Water Quality under Section 40J of the Clean Water Act. if
you have any questions, please contact Joseph Gyamf'z or Lia M. Gilleski at 919-733-1786.
sincerely,
Cyndt Karoly, Supervisor
401. Oversight/Bxpress Review Program
C13K/fg
cc; USAGE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
Pile Copy
Mr, Matt Matthews, DWQ - Wetlands & Stormwatcr Branch
Matt Edwards/ Bov Rosenbloom, 4651 Charlotte Park Dr., Suite 300, Charlotte, NC 28217
system
PROGRAM w
INVOICE
October 21, 2008
David Niekamp
Crescent Resources, LLC
400 S. Tryon St. 13'h Floor
Charlotte, NC 28285-0107
Project: Belgate Commercial Project
County: Mecklenburg
DWQ#: 08-1374
COE#: 2008-02851-360
EEP #: ILF-2008-6338
Location: Yadkin 03040104
invoice expires: December 21, 2008
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404/CAMA permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with
15A NCAC 2H.0500, the amount you owe is based upon the 2008-09 Fee Schedule and has been calculated as follows (Please note:
payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly
Williams at [phone].
Habitat Type Invoiced Amount Fee Schedule Cost
Riparian Wetlands 0.50 acres x $ 33,696.00 = $16,848.00
Stream 300 linear feet x $ 244.00 = $73,200.00
TOTAL AMOUNT DUE if paid within 60 days $90,048.00
If payment is not received within 60 days of the date of this invoice, it will expire. Note that your permit(s) may require payment
before this date. Subsequent invoices will be based on the fee schedule in effect on the date they are issued. Please send a check
payable to NCEEP for the Total Amount Due to the appropriate address below and enclose a copy of this invoice.
US Mail:
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Physical Address (for other delivery services):
NCDENR Ecosystem Enhancement Program
2728 Capital Boulevard, Suite 1H 103
Raleigh, NC 27604
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the account name on the check is not the same as the permit holder's name please include a
signed statement by the permit holder that the check is being written on behalf of and with full knowledge and authorization of the
permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES
AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Asheville, Thelma Hemmingway, USACE-Wilmington
Alan Johnson, NCDWQ-Mooresville
Len Rindner, agent
File
R"titoriKg... Prto". ow J-ta&
W
A
NC)ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Eco stem
PROGRAM
RECEIPT
November 7, 2008
David Niekamp
Crescent Resources, LLC
400 S. Tryon St. 13`h floor
Charlotte, NC 28285-0107
Project:
County:
DWQ #:
USACE Action ID:
EEP No.:
Amount Paid:
Check Number:
Belgate Commercial Project
Mecklenburg
08-1374
2008-02851-360
ILF-2008-6338
$90,048.00
45094
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/LAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetland Credits Buffer I& II
HUC (linear feet) (acres) (Sq. Ft.)
Cold Cool Warm Riparian on-Riparian Coastal Marsh
Yadkin 0 0 300 0.5 0 0 0
03040104
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the EEP mitigation requirements in the permit and/or authorization have been
rescinded. If you have any questions or need additional information, please contact Valerie Mitchener at [phone] or
Kelly Williams at [phone].
Sincerely,
49
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Asheville, Thelma Hemmingway, USACE Wilmington
Alan Johnson, NCDWQ-Mooresville
L
File en Rindner, agent r?A
PYo" o" Stta& N
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Len Rindner
From: Chapin, Stephen SAW [[e-mail]. mi1]
Sent: Friday, February 19, 2010 10:10 AM
To: Len Rindner
Subject: RE: Belgate Commercial - Brookside Road Crossing Problem
Based on review of your drawings, no additional information is required.
Please note that additional impacts to perennial stream or "important"
intermittent stream may not exceed a total of 300 LF. Steve Chapin
-----Original Message-----
From: Len Rindner [mailto:[e-mail]]
Sent: Thursday, February 18, 2010 10:46 AM
To: Chapin, Stephen SAW; 'Johnson, Alan'
Subject: Belgate Commercial - Brookside Road Crossing Problem
Steve and Alan:
During the beginning of construction of Brookside Lane at the Belgate
Commercial, an unanticipated survey problem was discovered that will
require an adjustment to the impacts we received. I have attached the
permits for your information as well as the NCEEP approval and the payment
receipt.
Brookside Lane construction has stopped until this issue is resolved.
Brookside Lane however must be installed as soon as possible due to
important contractual commitments.
The other road crossing, Shopping Center Drive is scheduled for
construction at an undetermined later date.
The permit allowed for 291 linear feet
However the approval and payment to th
will need this additional nine feet to
need to adjust the design of the other
impacts do not exceed 300 linear feet.
the old plan and the new plan overlay.
of perennial stream impacts.
NCEEP was for 300 linear feet. We
make the adjustments. We will also
road crossing so that the total
I have attached drawings which show
Brookside Lane - Previous new impacts
proposed
107 LF of impact in the original permit.
(currently under construction)
The proposed
impacts after the design adjustment is 133 LF of impact.
Shopping Center Drive - Previous new impacts proposed 184
LF of impact in the original permit.
The proposed impacts after the design adjustment is 166 LF of impact.
The original submittal included 291 linear feet of perennial stream impacts
(mitigation provided for 300'). The adjusted request is for 300 linear
feet.
We would appreciate your consideration in allowing Brookside Lane
construction to continue while submittals are made to modify permits or
provide additional information, if necessary. This will allow the
construction workers to stay with the project, meet contractual obligation,
and minimize the period that the site is left in an open construction
condition.
Thank you for your consideration.
questions.
Please contact me if you have any
Len Rindner
2
Belgate
Commercial Center
Charlotte, Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS AND NCDENR
Prepared For
Ms. Elizabeth McMillan
Crescent Resources, LLC
400 S. Tryon Street
13th Floor
Charlotte, NC 28285-0107
Direct Phone - [phone]
Fax - [phone]
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
September 1, 2008
Revised September 15, 2008
Revised February 22, 2010
Page 1 of 10
U% - 13"14 03
\o?oF w n rFRO?
7
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
® Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? 71 ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes N No For the record only for Corps Permit:

® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. N Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Belgate Commercial Project
2b. County: Mecklenburg County
2c. Nearest municipality / town: Charlotte
2d. Subdivision name: Belgate
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable): CRESCENT RESOURCES INC - Responsible for completing road crossing
400 S. TRYON ST SUITE 1300
CHARLOTTE, NC 28285-0107
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Ms. Elizabeth McMillan
4c. Business name
(if applicable): CRESCENT RESOURCES INC
4d. Street address: 400 S. TRYON ST SUITE 1300
4e. City, state, zip: CHARLOTTE, NC 28285-0107 Charlotte, NC 28269
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Leonard S. Rindner
5b. Business name
(if applicable): Leonard S. Rindner, PLLC
5c. Street address: 3714 Spokeshave Lane
5d. City, state, zip: Matthews, NC 28105
5e. Telephone no.: 704-904-2277
5f. Fax no.:
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 04722139
1 b. Site coordinates (in decimal degrees): Latitude: 35.3008 Longitude: - 80.7610
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 81.28 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT of Doby's Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing disturbed construction site, early succession vegetative cover; commercial development.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 1.25 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 4,000 linear feet
3d. Explain the purpose of the proposed project:
Belgate Commercial Project
3e. Describe the overall project in detail, including the type of equipment to be used:
Development of building pads, parking lots, road crossings, truck access, and support facilities including stormwater
management facilities.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: Action Id. 2008-02851-360; DWQ 08-1384; DWQ
EXP 08-1374v2
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Leonard S. Rindner, PLLC
Name (if known): Leonard S. Rindner/Todd Warren Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
June 5, 2008 by the USACE - Steve Chapin - USACE Asheville Office - Action Id 2008-02851-360
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Action Id. 2008-02851-360; DWQ 08-1384; DWQ EXP 08-1374v2
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary (T
W1 ®P ? T ? Yes ? Corps
? No ? DWQ
W2 ®P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
Road
S1 ®P ? T Crossing NWP ® PER ? Corps 6' +/- 9 LF
#39 ? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 9 LF
3i. Comments:
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No if yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary (T) impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
During the beginning of construction of Brookside Lane at the Belgate Commercial project, an unanticipated survey problem
was discovered that will require an adjustment to the impacts we received. I have attached the 401 WQC; the USACE NWP
Verification; Stormwater Plan Approval; NCEEP approval and the payment receipt for your information.
Brookside Lane construction has stopped until this issue is resolved. Brookside Lane however must be installed as soon as
possible due to important contractual commitments. The other road crossing, Shopping Center Drive is scheduled for
construction at an undetermined later date.
The permits allowed for 291 linear feet of perennial stream impacts. However the approval and payment to the NCEEP was
for 300 linear feet. We will need this additional nine feet to make the adjustments.
We will also need to adjust the design of the other road crossing so that the total impacts do not exceed 300 linear feet. I
have attached drawings which show the old plan and the new plan overlay.
Summary of Changes
Brookside Lane - initially proposed 107 LF of impact in the original permit (currently under construction). The proposed
impacts after the design adjustment are 133 LF of impact.
Shopping Center Drive - Previous new impacts proposed 184 LF of impact in the original permit. The proposed impacts after
the design adjustment are 166 LF of impact.
The original submittal included 291 linear feet of perennial stream impacts (mitigation provided for 300'). The adjusted request
is for 300 linear feet with the additional 9 feet.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Project is subject to strict enforcement of erosion control plans; impacts are minimized by the use of headwalls. The road
crossing were located in areas of existing disturbance and culverts to the extent feasible.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ® DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this

project?
®Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments: Mitigation has already been paid to the NCEEP - see attached receipt
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 0 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 0.25 acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: Stream mitigation was paid for 300 linear feet - see attached receipt which included the additional nine feet
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? Over 70 %
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater for the project has been approved by NCDENR - DWQ - DWQ EXP #08-1374v2 attached.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Charlotte
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project uses existing road network and infrastructure.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The project will connect to existing Charlotte Mecklenburg Utilities
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Site was evaluated during the wetland delineation process for the presence of Schweinitz's Sunflower. The site is heavily
disturbed in conjunction with previous development. Invasive grasses and grasses planted to stabize construction sites
such as Lespedeza sericea, vines, and and shrub species dominated the lower vegetative strata. Ecotonal edges along
roads and clearings were inspected to determine if Schweinitz's sunflower was present. Project site is not in a watershed
that has been identified as habitat for the Carolina heelsplitter. Based on a field evaluation Schweinitz's sunflower or it's
habitat was determined not to be present.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://www. nmfs.noaa.gov/habitat/habitatprotection/efh/G IS-inven. htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
According to the latest published version of the National Register of Historic Places for the presence or absence of
registered properties, or properties listed as being eligible for inclusion therein, this site is not registered property or
property listed as being eligible for inclusion in the Register.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Mecklenburg County GIS; Owner/engineer provided
information

Leonard S. Rindner F 2-22-10
Applicant/Agent's Printed Name Appli gen s Signature - Date
(A "nt's gnature is valid only if an authorization letter from the applicant
is rovided.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
September 2, 2008
Elizabeth McMillan
Project Manager
Crescent Resources, LLC
400 S. Tryon St.
Suite 1300
Charlotte, NC 28285
Direct: [phone]
RE: Belgate Commercial Center, Charlotte, Mecklenburg County, NC
Dear Elizabeth:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
Il
Name Date
Please contact me if you have any questions or require additional explanation. Thank
YOU.
Si
Leaf and S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
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