20060558 Ver 2_Time Ext Request_20131212

Higgins, Karen
From:
Karri Cecil Blackmon <karri @habitatassessment.com>
Sent:
Thursday, December 12, 2013 11:40 AM
To:
William.A.Elliott @usace.army.mil; Higgins, Karen
Cc:
Johnson, Alan
Subject:
SAW- 2009 -01298 and DWQ 06- 0558V2
Attachments:
LetterToCORPandDWQRe Report. pdf
Importance: High
Good Morning Mr. Elliot and Ms. Higgins,
Please see attached correspondence as it relates to the above mentioned project. In summary the monitoring for 2013
has been completed by HARP and the monitoring report is ready for submission. The property owners associations is
likely to transfer ownership of the property and we would like to submit the monitoring report after the transfer so that
we can file the condition 29 with the report. The condition 29 will ensure the transfer of the liabilities and
responsibilities of the permit and restoration with the transfer of the property.
Should you care to discuss this feel free to contact me at 336.362.6776 or via email.
Respectfully submitted,
Karri
rri Cecil Blackmon
President
Habitat ssss and Restoration Professionals
301 McCullough Drive Suite
Charlotte, NC 28262
www.habitatassessment.com
direct: 336.362.6776
office: 704.841.2841
fax: [phone]

"'W_11A1FFTAffTXS1'** "k, wil TWA
Mr. William Elliot
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Sent via email: William [e-mail]
Ms. Karen Higgins
NC Division of Water Quality
401 & Buffer Permitting Unit Supervisor
1601 Mail Service Center
Raleigh, NC 27699
Sent via email: Karen. Higgins @ncdenr.gov
301 McCullough Drive, Suite 400
Charlotte, North Carolina 28262
Office: 704.841.2841
Fax: [phone]
Email: info @habitatassessment.com
www.habitatassessment.com
A Woman Owned Small Business
December 12, 2013
Subject: Year 2 Monitoring Report — Twin Lakes Voluntary Stream and Wetland Restoration
Permit Numbers:
USACOE: SAW- 2009 -01298
DWQ: 06- 0558V2
Dear Mr. Elliot and Ms. Higgins,
Please be advised that the 2013 Year 2 Monitoring for the above mentioned project has been performed by
Habitat Assessment and Restoration Professionals and the report is ready for submittal.
The property and associated permit requirements are likely to be transferred to a different owner however due to
the upcoming holiday this transfer may not be able to take place until January.
On behalf of the Twin Lakes Property Owners Association we humbly request an extension of time to submit the
report in an effort to be able to submit the Condition 29 transferring the liability of the permit responsibilities to
the new owner.
Should you wish to discuss this please feel free to email or telephone me. I can be reached at 336.362.6776.
Respectfully Requested,
Th I M(I
Karri Cecil Blackmon
President
CC: Alan Johnson — Mooresville Regulatory Office - Alan.Johnson @ncdenr.gov
Norman Walters and Silas Davis, Twin Lakes Property Owners Association
STREAM AND WETLAND RESTORATION, DELINEATION AND DESIGN - RESTORATION PLANTING - RAIN GARDEN, POND, AND WATER
QUALITY BMP MAINTENANCE AND DESIGN - MITIGATION MONITORING - INVASIVE SPECIES MANAGEMENT - 404/401 WATER QUTALITY
PERMITTING -SITE INSPECTION - THREATENED AND ENDANGERED SPECIES SURVEYS -GROWER OF NATIVE TREES, SHRUBS, AND PLANTS
HARP IS A WOMAN OWNED/ EMPLOYEE OWNED SMALL BUSINESS - WWW.HABITATASSESSMENT.COM - INFO@HABITATASSESSM ENT.COM

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2009 -01298 County: Mecklenburg USGS Quad: Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Property Owners Assoc., ILtc., Twin Lakes Business Parr
Address: 5935 Carnegie Blvd., #200
Charlotte, NC 28209
Telephone No.:
Size and location of property (water body, road name /number, town, etc.): Twin Lakes Stream
Restoration & Pond Project located on a 5.35 acre tract, lust east of U.S. 21; north of Charlotte
Description of projects area and activity: This permit authorizes impacts to 579 LF of a UT -Long
Creek and 0.06 acre of adjacent wetlands as part of a stream restoration project. The project will
be done in strict accordance with the submitted plan entitled "Stream Restoration Plan" (Unnamed
tributaries to Long Creek)" dated Julu 9, 2009 and compiled by Harp, Incorporated.
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: 27
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 pernuttee 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 pernuttee of the responsibility to obtain any other
required Federal, State or local approval slpermlts.
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 T Date: July 31, 2009
Expiration Date of Verification: July 31, 2011

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
httpa /w %vw. saw. usace. ariny.miI /WETLAN_D_S /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 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 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 de term nation 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 Long Creek which flow into the Catawba River and
ultimately flows to the Atlantic Ocean through the Long Creek> Catawba River system which is a Section 10
navigable -in -fact waterway at Lake Wylie.
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 REA form, it must be received at the above address within 60
days from the Issue Date below.
"It 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: July 31, 2009 Expiration Date: Five years from Issue Date
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 - 2009 -01298
Permit Type: NW27
Name of County: Mecklenburg
Name of Permittee: Property Owners Assoc., Inc., Twin Lakes Business Park
Date of Issuance: July 31, 2009
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 pen-nit 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

Mr. Norman Walters
Twin Lake Business Park
5935 Carnegie BV #200
Charlotte, NC 28209
Subject: Twin Lake Stream Restoration
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Walters:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 597 linear feet (If) of unnamed tributary to Dixon Branch in order to complete the stream
restoration/wetland enhancement project in Mecklenburg County, as described in your application received by
the Division of Water Quality (DWQ) on July 13, 2009. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3689, which can be viewed on our
web site at http://,12o.enr. state nc. us/ncwetlands. The General Certification allows you to use Nationwide
Permit Number 27 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 i new owner must be given a copy of the
Ceailication 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. A copy of the conservation easement/deed restriction shall be submitted to the Division of Water Quality
within 90 days of issuance of this certification.
3. 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.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarohna
Phone: [phone]Fax: [phone] Customer Service: 1-877-623-6748 V
Internet: www.ncwaterquaIltY_.or2 .I atarally
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

4. 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.
5. Sediment and erosion control measures shall not be placed in wetlands or waters 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.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 40111Wetlands Unit of the NC Division of Water Quality.
7. Continuing Compliance. The applicant (Twin Lakes Business Park, Norman Walters) 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 150B 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.
Sin erely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner