20050666 Ver 1_General Correspondence_20060202

FEB. 6.2006 4~46PM
Febrnary ~, 2446
Regu.~atoxy Division
Mr. Ron Den Adel
general Crrowth Properties
114 North Wacker Drive
Chicago, Illinois 60606
Dear Mr. Adel:
N0.064 P.2
Please reference your applications dated April 15, 2045 and January 23, 2446, prepared by
Wetland & Natural Resource Consultants, Tnc_ requesting Department of the Army (DA)
authorization to place fill in approximately 31b lincar feet Qf int~mxtteut stream channel, 180
linear feet of perennial stream channel, 0.2~} acre of open water, and 0.43 acre of wetlands
associated with the construction of The Bridges at Mint Hill, on the east side of Lawyers Road,
in Mint Hill, Mecklenburg County, North Carolina,
For the purposes of the Corps of Engineers' Regulatory Frog~am, the "ranuary 15, 2002
Federal Register, Final Native of Issuance, Reissuance, and Modification of Nationwide Permits
(67 FR 2020 to 2095)" authorized the use of Nationwide Permit #39 for the construction of
resideatial and commercial develagments. `i''our work is authorized ~y this natioUwide permit
pra~'idetl it is accomplished iri strict accordance with the attached plans, enclosed Seneral
conditions, and the attached special conditions. This nationwide permit does not relieve you of
the respaasibility to obtaia other required State or Local approval.
This verificatioA will be valid until ~e z;ap,Qnu-ide permit is modified, reissued or revoked,
which will occur by March 1 S, 24Q7. It is incumbent upon you to remain informed of changes to
the nationwide permits, which will be announced by public notice when they occur. If you
c4euGe, Qx at'c uAdcC' C431tCaCt t4 CQAU~e~cc, #~ activity before the date the nationyide
permit is modified or revoked, you will have twelve months from the date of the modification or
revocation to complete the activity under the present terms and conditions of this nationwide
permit.
Please note that until the North Carolina Division of Water Quality has issued a Section
441 V~ater Quality Certification for the proposed project this authorization is not valid.

FEB. 6.006 4:47PM N0.064 P.~
Questions ox comments maybe addressed to Ms. Amanda Jones, Asheville Regulatory
Field dFfice, telegl~one $2$-2.71-79$0, extenei4n 231,
Sincerely,
la TLEN'AME: 60minthillpertnit, tioc/nw
CESAW-RCriA/McLendonls
MAzi/
CESAW-RG-A/fiI~
Scott MGLendon
Acting Chief
Asheville Regulatory Field Office
Enclosures
Copies Furnished (with enclosures):
Mr. f;hris Huysinan
Wetland & Natural Resource Consultants, Inc.
P.Q. Box 224
l~ewton, NC 28658
Mr. David Cox
N.C. Wildlife Resource Commission
1721 Mail Service Center
Raleigh, N'C 27699-1721
Ms. Cyndi I~aroly
NC Division of Water Quality
441/Wetlands Unit
1b50 Mail Service Center
Raleigh, North Carolina 27599-1654
Mr. Brian Cole
7U.S. ~'is~ and i~Sr'ildlife Service
160 ZilliCOa Sheet
Ash~wille, North Carolina 28801

FEB. 6.2006 4~47PM N0.064 P.4
s`i
Work Lunits
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special Gorulitions
~~ ZQ0331121
1. All work authorized by this permit must be performed in strict compliance wig,
the attached plazis, which are a part of this permit. Any modification to these
plans must be approved by the US Army Corps of Engineers (LTSACE) prior to
impleu~entation.
Related saws
2. Work in waters of the U.S. and/or wetlands will nQ# begin until the hYarth Carolina
__-__- Division of Water Quality has issued a conditioned Water Quality Certification
.. ., w for yattr proj ect. ... _ -_--
- -- 3. Final storm water plans shall be submitted to this ~US Army Corps of Engineers,
------ Asheville R,e ato Field Office for re ' ------~ '
- - _~ ~- gul ry y~~~ur to the discharge of any fill - -
rnaterial into waters of tha U.S, and/or wetlands. The proposed plans will meet or
exceed the storm water freatrnent requirements outlined in the Mint Dill l7raft
Water Quality Design Manual (Drab, ~QQQ) and shall provide sut`~icient storm
water control such that there will be no change be'twveen the pre- and post-
develapmentrunoff hydrograph.
4. All mechanized equipment will be re~ularly'inspected and maintained to prevent
contamination of waters and wetlands fi-om fuels, lubricants, hydraulic fluids, ar
__- other tox1C materials. Ta the event of a spillo£petreleutn products or any other
ha2azdous waste, the permittee shall immediately report it to the N.C. Division of
'W'ater Quality at [phone], Ext. 526-~r ($44) 662-7956 and provisions of
---- the h~ortli Carolina Qi1 Pollution and Hazar~aus Substances Control Act will be
followed.
Pro,~ect Maintenance
5. The permittee shall advise the Corps in writing at least two weeks prior to
beginning the work authorized by this permit and again upon completion of the
work authorized by this pemut.
6. The permittee shall conduct a.pre-construction meeting with a Corps ai' Engineers
rep~sentative and applicable contractors prior to any land disturbance activities.
~ 7. Permittee shall survey the boundaries of the p~servation areas as depicted on the
map labeled buffer Caacept Plan aad dated March 25, 24QS. A final surveyed

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map with distattCes and bearings shall be provided to Asheville Regulatory field
Office prior to any land disttuhing activities. These surveyed boundaries should
be marked with temporary fencing {e.g., orange webbed tree-protection fencing)
prior tQ any land disturbance activities on the site. Markings on the boundary
fencing shall identify the demarcated area as a protected at'ea. The fencing shall
reanain in place throughout the duration of all consttvction activities associates
wtth the ~r~3ect. A repreee#i~~'~e LT,$. y~.ozpS of engineers,
Asheville 12,eg~a~ry Field Office shall be contacted at least two 'weeks prior to
installation and removal of the fencing.
8. The iastallatioa of bottomless arch culverts shall. be constructed in such a rcatsner
that there will be no ~1isaharge of fill material into waters of the U.S. and/or
'aretlands. Any discharge of fill material resu#ting tom the construction of
temporary construction crossings, diversion structures and coffer dams are not
atrthdrized by this permit.
.. _--- . ~. To pmvida compensatory mitig~oc. for th oposed impacts, the perlnittee will - -
°~ , _-- - Preserve approximately 10,218`ihnear feet Qf-~reaaa cbarmeI and adjacent ripatxan - - .. ..-
. bu.#~`er, and S.z acres ofwett~ds~c~a-the - . -
-- ---- pmperty~as shown ou the map and . -- --- ..-
-~ .:_- subsogt~ent survey Iabelod, "Buffea-Concept Plan and dated March 25, 2005". Tice _ - -
- ~ -- _ - preservation areas as shown on~c-attached gl~1s Gaze to remain ~ ..~_ ~ . _.
in them natural
state in perpttttity. The foilo'uviag actlvities are prohibited is the preserva#ion
areas.
1. fill, grade, excavate or perform any other land distuxbing activities
2. cut, maw, bum, remove, or harm any vegetation
3. construct or place ~y mom, trails, walkways, buildings, mobile
homes, rigor, utility poles or towers, or any outer per!'naneat or temporary
_~_ structures -- _ . T, -
-~ 4. drain or otherwise dish or alter~c hydrology or drainage ways of • - - .
_ the conservation area
.. _ -_._ _ 5. dump or store soil, trash3~ yr other w~te _ ~~ . -.-
' 6. glaze Or water Wig, oT use for any agricultural or horticultural .. -. _...-
purpose
Any covenants recorded in order to satisfy this section mast include the above
restrictions attd the following lamguage. `~ Goveuant is intended to ensure
continued compliance with the mitigation condiifon of a Clean Water Act
authorization issued by the United States of America, U.S. Army Corps of
Eng~ueers, WilnYUigton District, Action ID 200331121 and tiierefare may be
enforced by the United States of America. This Covert is to rut? with the land,
and sha11 be binding on the Owner, and all parties claiming under it." Such
covenants must also recite that the proh~`lyitions Iiste~ above Cannot bt changed, ,
remav
ed, or amended without the specific written consent of the U.S. Army .
Corps of Engineers, Wilmington 1~istrict.
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„ FEB. 6.2006 4~48PM
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N0.064 P.6
10. The proposed pedestrian trail as shown on the attached conceptual plan, dated
Primary Circulation and 13ui1ding Envelppe plan dated March 25, ZQQS is
authorized pnavided minimal vegetative clearing is conducted by hand. Trees 'with
a dbh of less than six inches maybe removed that are in the alignn~ept, Any
material used to construct the trail shall be made afpervious materials. Proposed
crossings of jurisdictional waters will utilize spanning structures. Prior to
~+anstnxt~tion ofrtbe ~~, a representative of The Tj.S. Army Corps of Engineers
Regulatory Division shall be contacted to field review the proposed alignment.
11. Permittee shall execuxe and cause to be recorded in the Meckletibut'g Cbtanty
Register of Deeds, restrictive covenants acceptable to the Corps of Engineers for
the purpose of mainta'~ the preservation areas, as shown on the survey labeled,
Suffer Concept Plan and dated March 25, 2005. The permittce +ovill record
restrictive covenants for the purpose of maintaining the preserrration areas in their
natural state in perpetuity, acceptable to the Corps of Engineers, prior to the sale
_ or oonveyance of any lots or other property within the subdivision. Permittee sal
_ provide a copy of the recorded cove~,t$ and plat to the Corps of Engineers
.._ wit$im thirty days of recordation. - -- -
-~ 12.,Unless otherwise authorized by this pert, ~ fill-materi~ pl~~ izt waters or
~~ ~ wetlands shall be generated from an upland source and wvill be clean and free of
any pollutants except in trace quantities. Metal products, organic materials
(including debris from land clearing activities), or unsightly debris will not be
used.
13. The pe~.ittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance ofthis project,
and shall. provide each of its contractors andlor agents associated with the
-. construction or maintenance of this project with ~ copy ofthis permit. A copy of
this permit, i-ACluding all conditions, shall be available at the project site dtul~.g
__ construction and maintenance ofthis project -_ __.
14. The pernuttee shall employ all sedimentation and erosion control measures
necessary to prevent ~ increase in sedimentation or turbidity within waters and
wetlands outside the permit azea. This shall include, but is not limited tq, the
immediate installation of silt ~emciug or similar appropriate devices around all
areas subject to soil disturbance or the movement of earthen fr1I, and the
immediate stabilization of all disturbed areas. Additionally, the project must
remain in full cQn2pliance with ale aspects of the Sedimentation Pollution Control
Act of 1973 {l~"orth Carolina General Statutes Chapter 113A Article 4),
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