20120206 Ver 1_More Info Received_20120620

�Mqxm4&caEED
TO NC DWQ
610 E Center Ave Suite 301
Mooresville NC 28115
ATTENTION Alan Johnson
WE ARE SENDING ❑ Originals ® Prints
Specifications ❑ Calculations
12\- o � L'
LETTER OF TRANSMITTAL
DATE June 15 2012
PROJECT NO 4555 0006
TASK NO
RE Belmont Apartment Culvert
Crossing, 401 Permit
TRANSMITTAL NO
PAGE 1 OF 1
❑ Shop Drawings ❑ Samples
Other
Quantity Drawing No Rev Description Status
3 (11 x17 ) Plan & Profile Culvert Crossing Plans
2 Full Size of Construction Documents !!4n gircr'VED
2 Half Size of Construction Documents I b VV CfON O tA.IATER UUALI IY
.3 USGS Topo Map "317 J
Vicinity Map i OORFIVIL i
3 Response to Comments
Army Corps 404 Approval Letter
Issue Status Code A Preliminary B Fabrication Only C For Information D Bid
E Construction F For Review & Comments G For Approval H See Remarks
Action Status Code 1 No Exceptions Taken 2 Make Corrections Noted 3 Other
4 Amend & Resubmit 5 Rejected See Remarks
Alan Attached is the response to your co io t A artment Culvert
REMARKS Crossing
Email wboles@mckimcreed com JUN 2 0 7no
Phone [phone]
McKIM & CREED, Inc
Si
gnel
Weston Boles PE
Documentl
r.

IZ, -ba�(.p
Response to NCDWQ Comments
(Responses are in Red)
1 A USGS topo map of the site The Revision Submittal Package contains a USGS Topo
Map
2 A vicinity map (street map) The Revision Submittal Package contains a Vicinity Map
3 A close up plan view of the stream crossing (C41) The Revision Submittal Package
contains a 1 =10 Plan View Sheet
4 A close up cross section of the stream crossing (C41) The Revision Submittal Package
contains a 1 =10 Cross Section Sheet
5 901f appears to be rather wide for a single street crossing The culvert was design to
avoid the need for guardrail per the request of the owner
6 A flood plain bench will be required for the secondary storm culvert A flood plain
bench is now provided See the 1 =10 Plan View Sheet
7 Is rip rap proposed for the stream crossing? There is no rip rap being placed at the
culvert crossing

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DEPARTMENT OF THI, INTERIOR
STATE OF NORTH CAROLINA
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Weston Boles
From
Danny Blevins <Danny @kotandes com>
Sent
Friday March 16 2012 7 38 AM
To
Johnson Alan
Cc
Kennv Draffen Weston Boles
Subject
RE Belmont 4p+
Fallow Up Flag
Follow up
Flag Status
Flagged
Alan,
Thank you for your comments Kenny Draffen or Weston Boles with McKim and Creed will respond to your review
comments
Darnel J Blevins PE
Kotandes Developers
Development Manager
5601 Virginia Beach Blvd
Virginia Beach Virginia 23462
Office [phone]
Cell [phone]
Fax [phone]
From Johnson, Alan [madto alan Johnson @ncdenr gov]
Sent Thursday, March 15, 2012 4 19 PM
To Danny Blevins
Subject Belmont Apt
A quick review of the application indicates the following is required
A USGS topo map of the site
A vicinity map (street map) Provides a good general location of the site
A close up plan view of the stream crossing (C41)
A close up cross section of the stream crossing (C41)
90 ft appears to be rather wide for a single street crossing Can this be reduced? Can railing be utilized?
A flood plain bench will be required for the secondary storm culvert
Is rip rap proposed for the stream crossing? If so this must be included in the stream impact
Thanks
Alan Johnson
Alan Johnson AlanJohnson @ncdenr sov
North Carolina Dept of Environment & Natural Resources
Div of Water Quality
610 E Center Ave Suite 301
Mooresville NC 28115
Ph [phone] Fax [phone]
E mad correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation

U S ARI>1'[Y CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID 2012 00450 County Mecklenburg USGS Quad NC Harrisburg
GENERAL PFRMIT (RFGIONAL AND NAT10"71DE) VERIFICATION
Fioperty Owner / Autl'onzed Agert Kotandes Developers I Attn Alex Kootarides
Address 5601 Virginia Beach Blvd
Virginia Beach, VA 23462
Telephone No 757 461 1000
Size and location of property (water body road name /number town etc ) The protect site is located
west of the intersection of Capnngton Avenue and US HwY 29 in Charlotte. Mecklenbarg Coun[yy
NC Coordinates are 353427 N. 80 7030 W
Description of projects area and activity This verfication authorizes vermanent impacts to 90 linear
feet of stream channel in order to construct a road crossing for the development of multi family
housing
Comments *'Culverts greater than 48 inches in diameter will be buried at least one foot below the
bed of the stream Culverts 48 inches or less shall be buried at an appropriate depth to maintain
aquatic passage, and every effort shall be made to maintain the existing channel slope. The
bottom of the culvert must be placed at a depth below the natural stream bottom to provide for
passage during drought or low flow conditions as defined in Final Regional Condition. 3 6
attached to this NWP
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 29
Your worm is authorized by the above referenced permit provided it is accomplished to 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, ibis verification will remain valid until the expiration date identified
below provided it complies with all requirements of the modified nationwide peraut 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 permtt, activities which have commenced (i a 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 You may also visit their website at liq / /portal ncdenr org/web /wq /swp /ws /webscane
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 questiors regarding this verification anv of the conditions of the Permit or the Corps of
Engineers regulatory program please contact Steve Kichefbkt at 828 271 7980
Corps Regulatory Official Steve Kichefskl C,:� Date June_ 1, 2012
Expi °at or Date of Verification . uric 1.2014
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 Customer Satisfaction Survey located at our website at
ht j /oer'L.nwp ���ace array mi survey html to complete the survey online
Determination of Jurisdictions
A ❑ Based on prelmunary 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 LFR Part 33 1)
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 m, 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
C ® 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 USG § 1344) Unless there is a change m 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 withm the above described project area have been identified under a previous action
Please reference jurisdictional determination issued Action ID
Basis of Junsdictional Determination
There are stream channels located on the property that exhibit indicators of ordinary high water marls The stream
channel on the property is an unnamed tributary to Mallard Creek which flows into the Rockly Watershed Upper
Pee Dee Basui, HUC 03040105 UT to Mallard Creek flows to the Atlantic Ocean via Mallard Creek, the Rocky
River and the Pee Dee River The Pee Dee Raver is navigable in fact at the Blewett Falls Dam..
Attention USDA Program Participants
This delmeation/determmation has been conducted to identify the lun its of Corps Clean Water Act junsdiction for
the particular site identified m this request The delmeation/deternimation may not be valid for the wetland
conservation provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants or
anticipate participation m USDA programs you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service prior to starting work
Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B and C above)
This correspondence constitutes an approved jurisdictional determination for the above described site if you object
to this determination you may request an admmistrative appeal under Corps regulations at 33 CFR Part 331
Enclosed you will fired a request for appeal (RFA) fora If you request to appeal this determination you must
submit a completed RFA form to the followmg address
US Army Corps of Engmeers
South Atlantic Division
Attu Jason Steele Review Officer
60 Forsyth Street SW Room 10M15
Atlanta, Georgia 30303 8801
Phone [phone]

In order for an RI A to be accepted by the Corps the Corps must determine that it is complete that it meets the
criteria for appeal under 33 UR part 3315 and that it has been received by the Division Off ►cc within 60 days of
the date of the NAP Should you decide to submit an RYA form it must be received at the above address by July 30
2012
• "!t is not necessary to submit an RFA form to the Division Office if you do not object to the oeternun ►tion in this
correspondence "
Corps Regulatory Official _Steve K►che ski —
T s
Issue Date June 1. 2012 Expiration Date Five years from Issue bale
Copy Furnished
Weston Boles McKim & Creed 8020 Tower Point Drive, Charlotte, NC 28227

PecmLl Number 2012 00450
Permit Type NW29
Name of County Mecklenburg
Name of Pmnittee Kotandes Developers / Attn Alex Kotandes
Date of Issuance June 1, 2012
Project Manager Steve Kichefskn
Upon completion of the activity authorized by this permit and any mitigation required by the
permit sign tlus 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 fall to comply with this permit you are subject to
permit suspension modification, or revocation
I hereby certify that the work authonzed by the above referenced permit has been completed in
accordance with the terms and conditions of the said peanut, and required mitigation was
completed in accordance with the permit conditions
Signature of Permittee Date

{ti d
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROMS AND {
REQUEST FOR APPEAL
App cart Kota -ides Developers / Attn Alex
He Number 2012 00450
Date June 1, 2012
Kotandes
_
-
Attached is _
See Section bLlow
�
INITIAL PR.OPFER_ED PERMIT (Standard Permit or Letter ofnermission
PROFFERED PFRMIT Standard Permit or Letter of permission)
A.
B
_ C
PERMIT DENIAL _
X
APPROVI- I) JURISDICTIONAL DE I ERMINATION
D
PR IIvIINARY JURISDICTIONAL DETER GNATION
L�
SECTION I The following identifies your rights and options regarding an administrative appeal of the above
decision Additional information may be found at
httpJ/www usace aizn mn!Ug CW/P es/re g materials aspx 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 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 LOP means that you accept the permit in its entirety and waive ,411 rights
to appeal the permit including its terms and conditions and approved jurisdictional determinations associated with the permit
v OBJFCT If you object to the permit (Standard or LOP) because of certain terms ind 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 day:., 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 permit 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
E PROFFERED PERMIT You may accept or appeal the permit
a 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 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
i APPEAL If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein you
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 II of this form and sending the form to the division engineer 17irs 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
a 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 rUR1SDIC UONAL DETERMINAVON 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 (wluch 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 TI - RE UES T FOR APPEAI, or OBJECTIONS 1`0 AN T?JTT AI, PROFFERED PERMI1
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 foam 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 deternimed. 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 clanfX the location of mforn=on that is already in the administrative record
POINT OF CONTACT FOR QUESTIONS OR INFORMATION
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact also contact
Steve Kichefs1a Project Manager Mr Jason Steele Administrative Appeal Review Officer
USACE Asheville Regulatory Field Office CESAD -PDO
151 Patton Ave U S Army Corps of Engineers South Atlantic Division
RM 208 60 Forsyth Street, Boom 10M15
Asheville NC 28801 Atlanta, Georgia 30303 8801
828 271 7980 Phone {404) 562 5137
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 o portumty to participate in all site investigations _
Date Telephone mintier
Sip-nature of appellant or agent
For appeals on Initial Proffered Permds send this form to
District Engineer, Wilmington Regulatory Division, Attu Steve Kichefsla, 69 Darlington Avenue;
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to
Division Engineer Commander, U S Army Engineer Division, South Atlantic, Attu Mr Jason Steele,
Administrative Appeal Officer, CESAD PDO, 60 Forsyth Street Room 10M15, Atlanta, Georgia 30303
8801 Phone [phone]