20050638 Ver 3_COMPLETE FILE_20060308

Subject: Re: Plans
From: Polly Lespinasse <[e-mail]>
Date: Mon, 08 Jan 2007 10:19:30 -0500
To: Laurie Dennison <[e-mail]>
Thanks Laurie - can you just look at the plans and tell me if they show an energy dissipator at the end of
the culverts? If they show one, could you tell me the approximate dimensions? I hate to make you send a
copy if I can get that information. Anyway, I guess it wouldn't hurt to have a copy here, so please put
one in the mail when you get a chance! Thanks so much for your prompt assistance! Have a good day!
Laurie Dennison wrote:
I Polly -
I pulled project & faxed you 16 pages; however, I cannot fax the maps. We've got 2 file copies - I can
mail you 1 set if you'd like. Just let me know & I'll get it out to you today.
Laurie
Polly Lespinasse wrote:
Hi Laurie,
I was wondering if you could help me out. Alan wrote a WQC for the Summit at Lake Norman. We can't
find the file in this office and I need a copy of the plans and the part of the PCN that shows the
requested impacts. The WQC No. 05-0638. If you could fax the copy, I would greatly appreciate it.
If for some reason it can't be reduced and faxed, please let me know. I am trying to figure out if
we approved them for 299 feet of stream impacts and 36 foot wide energy dissipators. Thanks!
Polly Lespinasse - Polly.Lespinasseoncmail.net
Environmental Specialist
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph: 704.663.1699 Fax: [phone]
1 of 1 1/8/2007 10:42 AM
Re: T31ans
Subject: Re: Plans
From: Laurie Dennison <[e-mail]>
Date: Mon, 08 Jan 2007 09:57:05 -0500
To: Polly Lespinasse <[e-mail]>
Polly -
I pulled project & faxed you 16 pages; however, I cannot fax the maps. We've got 2 file copies - I can
mail you 1 set if you'd like. Just let me know & I'll get it out to you today.
Laurie
Polly Lespinasse wrote:
Hi Laurie,
I was wondering if you could help me out. Alan wrote a WQC for the Summit at Lake Norman. We can't
find the file in this office and I need a copy of the plans and the part of the PCN that shows the
requested impacts. The WQC No. 05-0638. If you could fax the copy, I would greatly appreciate it. If
for some reason it can't be reduced and faxed, please let me know. I am trying to figure out if we
approved them for 299 feet of stream impacts and 36 foot wide energy dissipators. Thanks!
lof I
i
1/8/2007 9:58 AM
_ I
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I O?O? W A T ?9pG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone [phone]
Fax #: [phone]
To: Polly Lespinasse Fax #: [phone]
Company: MRO Regional Office Date: 1/8/07
From: Laurie Dennison, DWQ/Wetlands/401 Unit
Number of pages including cover sheet: 16
Notes or special instructions: RE: 05-0638 Ver3 The Summit
None Carolina
Aatura!!y
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

SENDING CONFIRMATION
DATE JAN-8-2007 MON 09:45
NAME DWQ-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 1616
START TIME : JAN-08 09:38
ELAPSED TIME : 06'36"
MODE : G3
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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Division of Water Quality
Department of Environmental and Natural Resources
401 Oversigbt/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone k: 919-733-1786
Fax #: [phone]
To: Polly Lespit)asse Fax #: [phone]
Company: MRO Regional Office Date: 1/8/07
From: Laurie Dennison, DWQ/Wetlands/401 Unit
Number of pages including cover sheet: 16
Notes or special instructions: RE: 05-0638 Ver3 The Summit
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-? North Carolina Wildlife Resources Commission i_
Richard B. Hamilton, Executive Director
MEMORANDUM U (a K [g ?v R n
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C di B. Karol , Supervisor Q
To: ?' y
401 Oversight and Express Permits Unit OR 2 3 1.006
NCDWQ Wetlands and Stormwater Branch
DENR • WAT ER QUALITY
WETLANDS AND STORMWATER BRANCH
FROM: Ron Linville, Regional Coordinator xlpp? Habitat Conservation Program
DATE: March 21, 2006
SUBJECT: The Summit at Lake Norman- Phase IV, DWQ No. 050638-version 3, Catawba County
The applicant is requesting 401 Water Quality Certification from the North Carolina Division of Water
Quality. The NCWRC has reviewed information provided by the applicant and field biologists on our
staff are familiar with habitat values of the project area. These comments are provided in accordance with
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The proposed development will impact land indicated to be 90% wooded. The amount of imperviousness
that will occur is not indicated: however, two stream crossings for roads will impact 299 linear feet of
perennial stream. According to the application, these streams have an average width of five (5) feet. The
application indicates that the pipes will be laid one (1) foot below grade and have an energy dissipater.
The loss of forested lands will substantially diminish wildlife habitat and influence aquatic resources.
Based on our review of the submittal and our knowledge of the area, we are concerned about direct
impacts associated with culvert design and aquatic life passage. Because of the lack of mitigation
requirements for upland impacts, we will not object to Certification issuance if the following conditions
to protect aquatic habitats are provided to the extent practicable:
1. Bridges are recommended for all permanent roadway crossings of streams, floodplains and
associated wetlands to eliminate the need to fill and culvert active floodplains. Bridges
should be the standard practice where significant natural resources like trout, listed species, or
site limitations like bedrock exist. Floodplain capacities and floodplain functions must be
maintained with bridges and culverts.
2. If culverts must be used instead of bridges, culverts should be designed and installed to allow
passage of aquatic organisms. Culverts 48" or larger must be buried at least a foot (12")
below the streambed. Culverts less than 48 inches diameter must be buried to a depth equal
Mailing Address: Division of Inland Fisheries • 1721 Mail Service (;enter • tcateign, 1Nt- /- /0"-1 X61
Telephone: [phone] • Fax: [phone]
The Summit at Lake Norman -Page 2 -
March 21, 2006
to or greater than twenty (20) percent their size to provide aquatic life passage. These
measurements must be based on natural thalweg depths. Culverts should be situated so that
no channel realignment or widening occurs. Widening of the stream channel at the inlet or
outlet of structures usually causes a decrease in water depth and velocity resulting in
increased sedimentation and diminished aquatic life passage.
;. Natural stream channel dimensions must be maintained or provided/restored. Flat concrete
aprons between wing-walls must not be used. Riprap must not be placed in the streambed.
1. If multiple barrels are needed, the second and any additional barrels should be placed so that
their bottoms are located on the active bank full elevation. These bank full barrels must be
connected to active floodplain benches to provide natural dimensions for the base flow
channel with sufficient water depth during low or normal flows to accommodate movement
of aquatic species.
5. If culverts are long and/or sufficient slopes exist, alternating baffles should be provided in a
manner that conforms to channel bends upstream and downstream, mimics natural meanders,
prevents upstream scour and downstream deposition, moves typical bed load materials, and
provides resting areas and passage for aquatic species.
6. Stormwater management should be provided if high density development will occur on the
site. Stormwater management should mimic predevelopment site conditions.
7. Stream buffers should be permanently protected through contiguous conservation easements
as undisturbed forested areas. Intermittent buffers are recommended to be minimum 50'
widths and perennial buffers are recommended to be minimum 100' widths. Buffer
averaging may be appropriate if buffers provide substantial contiguous wildlife habitats as
well as preserve wetlands and floodplains in natural conditions.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Ec: Alan Johnson, DWQ-MRO
Amanda Jones, USACOE
O?O? W A T FRQG
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Mr. Jeff Cernuto
Bridgewater Company ll, LLC
P.O. Box 3608
Mooresville, NC 28115
Subject: The Summit at lake Norman
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r= r=
Man
Alan W. Klimek, P.E. Director
Division of Water Quality
March 15, 2006
DWQ# 05-0638
Catawba County
DENR - WATG i QuAL11T
ttfLM AND STQRTMTER BRANCH
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cernuto:
You have our approval, in accordance with the attached conditions and those listed below, to impact
299 linear feet (If) of unnamed tributaries to Lake Norman in order to construct the subject development in
Catawba County, as described in your modified application received by the Division of Water Quality (DWQ) on
March 7, 2006. After reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. 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. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
4. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC -2
.0506(h) and 15A NCAC 2B.0233(10). Until the EEP receives and clears your check (made pay tally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
DENR - Ecosystem Enhancement Program), the stream impacts shall not occur. Ms. Carol Shaw should be
contacted at [phone] if you have any questions concerning the EEP.
5. Stormwater 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.
6. 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.
7. Continuing Compliance. The applicant (Bridgewater Company Il, LLC) 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.
Sincerely,
for Alan W. Klimek, P.E.
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Sediment Control, Catawba County
Central Files
Jeff Lundy

envi rol"1
landscape architecture
civil engineering e
land planning
land surveying '
Date: March 6, 2006++-+ l
Nt ?^?
Division of Water Quality
401 Oversight and Express Permits Unit NI?v P,tr?S?
2321 Crabtree Blvd., Suite 250
Raleigh, NC, 27604
RE: The Summit at Lake Norman Phase IV
Dear Laurie Dennison,
Due to NCDOT Comments, we are modifying the Approved 401 Water Quality
Certification (DWQ #05-0638). We are re-submitting PCN Application and Nation Wide
Permit #33 for the above mentioned project in order to construct Proposed NCDOT
Maintained Road to extend across two un-named tributary that drains into the Lake
Norman. The two culverts will consist of a 72" CMP pipe with inverts l' below the
existing grade. The total impact during construction will be less than 299 If. The impact
will include the energy dissipater.
Enclosed in the package is seven set of construction documents, five PCN Application
and NW #33 Permit application and a letter from US Army Corps of Engineers. The
review fee for the revised impact is enclosed with this package.
If you have any questions, feel free to call.
Phone: [phone] North Main Street, Suite 204 E-mail: [e-mail]
Fax: [phone] Cornelius, North Carolina 28031
H: \04102-TheSummitatLakeNorman\_Docs\DWQ-Submitakrev.dac
O?CF W TFROG
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co r

Mr. Jeff Cernuto
Bridgewater Company II, LLC
P.O. Box 3608
Mooresville, NC 28115
Subject: The Summit at lake Norman
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
3L U It n
?J
MAR 7 2006
UENfR - WATER QUALITY
*"-*0 AND ATOW AfiR 9RANCN
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cernuto:
Alan W. Klimek, P.E. Director
Division of Water Quality
October 31, 2005
DWQ# 05-0638
Catawba County
You have our approval, in accordance with the attached conditions and those listed below, to impact
250 linear feet (If) of unnamed tributaries to Lake Norman in order to construct the subject development in
Catawba County, as described in your application received by the Division of Water Quality (DWQ) on October
18, 2005. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. 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:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401 /Wetlands Unit web site at
http://h2o.enr.state. nc. us/ncwetiands.
4. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2ki olina
.0506(h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made pay . Wli/
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirmafive Action Employer - 50% Recycled/10% Post Consumer Paper
DENR - Ecosystem Enhancement Program), the stream impacts shall not occur. Ms. Carol Shaw should be
contacted at [phone] if you have any questions concerning the EEP.
5. Stormwater 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.
6. 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.
7. Continuing Compliance. The applicant (Bridgewater Company II, LLC) 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, DVw'^ 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.
Sincerely,
L
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Sediment Control, Catawba County
Central Files
Jeff Lundy
T.., r`

o? Y/ 17 1171
MAR 7 2006
DENK - V I ER UUALI 1 Y
YlTIIA ? ATER BRANCH
?OC ?Ib
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1
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian %fk, ? A V*a>?e?rj ieo Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.anny.mil/wetlands/index.htm, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page 1 of 12
Coastal Area Management Act (LAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/newetlands/fees.htm1. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg
151 Patton Avenue Ashe Cherokee Iredell Mitchell
Room 208 Avery Clay Jackson Polk
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: [phone]
Fax: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Anson Duplin Onslow
Bladen Harnett Pender
Brunswick Hoke Richmond
Carteret Montgomery Robeson
Columbus Moore Sampson
Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
h and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Pitt
Tyrrell
Washington
Wayne
Swain
Transylvania
Union
Watauga
Yancey
*Croatan National Forest Only
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Page 4 of 12

MAR 7 2006
Office Use Only: Form Version May 2002
WETlANDB AND ST1pRMQUALITY T ?
USACE Action ID No. T%W No• C) Lo
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NSA".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ® Nation Wide Permit 33
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name:_ Jeff Cernuto
Mailing Address: Bridgewater Company II, LLC
PO Box 3608
Mooresville NC 28117
Telephone Number: 704-799-9770 Fax Number:-704-799-9789
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jeffrey D. Lundy
Company Affiliation: Environmental Design PA
Mailing Address: 20816 N. Main Street, Suite 204
Cornelius, NC 28031
Telephone Number: 704-896-8020 Fax Number: 704-892-5479
E-mail Address: i.lundyt?rc edpa.net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: The Summit at Lake Norman, Phase IV
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Catawba Nearest Town: Troutman
Subdivision name (include phase/lot number): The Summit at Lake Norman, Phase IV
Directions to site (include road numbers, landmarks, etc.): head west on NC Hwy 150, cross
Over Lake Norman take the first light right onto Sherrills Ford Rd, Turn Right onto
Hopewell Road site will be on the left
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 50009115E 3947864N (WGS84/NAD83)
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct water body.)
6. Property size (acres):
7. Nearest body of water (stream/river/sound/ocean/lake)
Lake Norman
8. River Basin: Catawba River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Vacant and 90% Wooded site.
Page 6of12
10. Describe the overall project in detail, including the type of equipment to be used:
The project will have one road connecting to Long Island and another to Hopewell Church
Road and one Cul-de-sac road in the middle. The contractor will try to minimize as much
disturbance while constructing the roads and two stream crossing. One crossing will be 44-2
4-128 ft and the other will be 4-34-171 linear feet of stream disturbance. Both will have
segmental or poured in place concrete retaining walls as headwalls and a designed energy
dissipater combined with rip rap aprons.
11. Explain the purpose of the proposed work: Create Phase IV of the subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 7of12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: There are two stream crossings
for the proposed development consisting of two NCDOT Maintained Roads. Each road has
been designed to minimize the amount of stream crossing and fall under the allowed 2501f of
total stream disturbance Each pipe will be laid one foot below grade and have an energy
dissipater.
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.,vov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 Piping of stream 444 128 ft UT #1 5 ft Perennial
2 Piping of stream 13-8-171 ft UT #2 5 ft Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
darns (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8 of 12
www.usQs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.niapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 2-58 299 ft
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Existing topography offers no viable options to eliminate or reduce stream impact.
VIII. Mitigation
Page 9 of 12
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strml;ide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wip/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 2-58 299 ft
Amount of buffer mitigation requested (square feet): N/A
Page 10 of 12
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
if buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
X1. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
N/A
XII. Sewage Disposal (required by DWQ)
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applica t/Ag nt's Signature Date
(Agent's signature is valid only if an authoriz 'o etter from the applicant is provided.)
Page 12 of 12

Triage Check List
Date: 3/13/06 Project Name: The Summit At Lake Norman, Ph IV
DWQ#: 05-0638, Ver. 3
County: Catawba
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 3/07/06 - 5/07/06
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
envi ron I
D
landscape architecture
civil engineering
land planning
surveying

C?(eCw uJ?o ? (4ut ??

V@mDwi P 9
MAR 8 7.006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Environmental Design, P.A.
20816 N. Main Street - Suite #204
Cornelius, NC 28031
Phone [phone], Fax [phone]
TO sl wJ", QUA
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LETTER OF TRANSMITTAL,
A . JOB NO. 570..2.
DATE _
ATTENTIfN/ /
/ A 14 O ?
AE: I
V_W 1k
WE ARE SENDING YOU ? Attached ? Under separate cover the following items:
? Shop drawings ? Prints Plans ? Samples ? Specifications
? Copy of letter ? Change order ?
THESE ARE TRANSMITTED as checked below:
? For approval 171 Approved as submitted
? For your use ? Approved as noted
? As requested F1 Returned for corrections
? For review and comment ?
? FORBIDS DUE
REMARKS
C 1 PRINTS RETURNED AFTER LOAN TO US
PRODUCT 240T If enclosures are not as noted, kindly noti C7 Resubmit copies for approval
COPY TO
SIGNED*i,
? Submit copies for distribution
? Return corrected prints
o E of
I 2AA6
VXWUWW
vtw e uv?I bi g Pl
T .: 3 CD C) - 0 la "' 1?
JURISDIC'J ION AL IJL:TEP-M I NATION
L.S Army Corps of F,ngincers
DISTRICT OFFICE: Wilnnneton
FILE NUMBER: 20053 1 3 29
PROJECT LOCATION INFORMATION:
State INC
County: Catawba
Center coordmates of site (latitudedongitude). 35.6725018 i 80.9887980
Approximate size of area (parcel) reviewed. including uplands: 73 acres.
Namc of nearest watcrwav' Lake Norman
Name of watershed Catawba
-MiRISD1Ci'IO\ Al.-DE'('F,RM liNA'I'ION
Completed: Desktop determination Date: %larch 3, 2005
Site visa(s) ? Date(s)
Jurisdictional Determination (.ID):
Revised 8/13/04
? Preliminary JD -Based on available information, ? there appear to be (or) ? (here appear ro be no "waters of the
United States" and/or "navigable waters of the United States" on the project silt A preliminary .ID is not appcalahlc
(Reference 33 CFR part 331).
® Approved JD - An approved Jr) is an appealable action (Reference 33 CFR pail 331)
Check all that apply
There ate "navigable waters of the United-States" (as defined by-33 CfRpart329 and associated guidance) within
the reviewed area. Approximate size ufjorisdictiona] area: .
19 There are "waters of the United States" (as defined by 33 4CFR pan 328 and associated guidance) within the
reviewed area. Approximate siie ofjurisdictional area:
? /'hem are "Isolated, nnn=nuorg..Jrk'.-mrrmarate watcr or wctiartdti- \sithrn the rep aev. ed area.
? Decision supported by SWANCC/Migratory Bird Rule Information Shea for Determination of No
Jurisdiction.
BASIS-( JURISDICTIONAL DETERA4tNATtt/V:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence ofwaters that are subject to the ebb and flow of the tide and/or are presently used. or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
H. Waters defined "under 33 CFR part 3283(x) as "walersnf the United States":
? (1) The presence of waters. which are currently used. or were used in the past, or may be susceptible to use in
interstate or foreign cornmcTec. including Lill -waters which arc snbTect tv"the ebb and flow of the tide.
? (2) "Ihe presence of interstate waters including interstate wetlands'.
? (3) The presence of tither waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflam,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including-any such waters (eheck all that apply):
? (i) which are or could be used by interstate or force-n travelers for recreational or other purposes-
(ii) from which fish or shellfish are or could be taken and soM in intetstnte or foreign commerce.
? 0u) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the L'S
® 0) [he presence of a tributary to a water identified in (1) - (4) above.
[] (6) The presence of territorial seas.
(7) 'I he presence of wetlands adjacent' to other waters of the t.S, except for those wetlands adjacent to other wetlands.
Ratiertair for the Bay:sofdur;sdietinnai i terminat;.m (appfies"tw an bo:ea checked above). The site contains
stream channels with indicators of ordinary high water marks. The stream channels on the property are
unnamed tributaries to Lake Nrrrntan which flows into the Catawba Rjver and ultirnately ilotvs to the Atlantic
Ocean through the Santcc-C'oopcr River in South Carolina.
Lateral Extent of Jurisdiction: (Reference 33 CFR parts 329 and 329)
? Ordinary High Water Mark indicated by ? Hieh'I'ide Line indicated by
F] clear, natural line impressed on the bank ? oil or scum line along shore objects
L/b abed !Vld90:b 90-6-JeN `•69L6-66L-bOL ° ./ig }uaS
thcprescrn-e of litter and debris ? -tine shell or debris deposits (foreshore)
changes in the character of soil [] physical markings:characteristics
destruction of icriesmal vegetation ? ..tidal-gages
? shelving ? other
? .
other.
? Mcun High Water Mark irtdicaicd by
? survey to available datutn; ? physical markings ? vegetation lines/changes in vegetation types.
? Wetland boundaries; as shovm un, the atiached wctiand delineation map and'or in a delineation report prepared by:
Basis For Not Asserting Jurisdiction:
The rcyicwcd area consists entirely of upland;
Unable to confimr the presence of waters in 33 CFR part .128(a)( I, 2, or 4- 7).
1 leadquartcrs declined to approve,jurisdiction on the basis of 33 CFR part 329 3(a)(3).
? 'I he Corps has made a case-specific determination that the following waters present on the site are not Waters of the
Ur4i 'Stmcs:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas. which would revert to upland ifthe inigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial .retlecting or swimming pools or uthu small ornamental bodies of-water created
by excavating andior diking dry land to retain water for primarily aesthetic reasons.
? g'r'ater-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining fill, sand, or gravel unless and until the construction Or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 3a CFR
328 ,3(a).
? isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as detcrmincdby the :Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land- Fxplain rationalc
? Other (explain):
VA I A RF% iL%%ED FOR .it;RSIDICTIO.VAL DETERMINATION (mark;(ll that apply
Z .10aps, plaits, plots or plat suhmitted by or on behalf of the applicant.
® Data sheets preparcd`subniitted by or on behalf of the applicant.
-M 'this oilice-c(mcurs with the delineation report, dated February 22, 2005, prepared by (company): Don Cheek
? This office does not concur with the delineation report, dated prepared by (company):
Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
U.S- Geologicai Sunny Hydrologic .Atlas
® U.S. Geological Survey 75 Minutc 'Topographic maps' Trourman
U.S. Geological Survey 7.5 Minuie Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
USDA Natural ResourcesUnwrvation Service Soil Survey
? National wetlands inventory maps.
Statc'Local wetland inventory reaps
FFMA/FIRM maps (Map Name & Date).
100-year Floodplain Elevation is: (N(EVI))
Aerial photographs (Name & fate)
Other photographs (f)ate)
? Advanced Identification :Wetland maps:
? Site vtsredetermrnation conducted on
? Applicable supporting case law:
? Other information (please speci(y).
'1>v c;:ands
fied are identi
and delnrcatcd u,mi the mcilwg9s s,d criteria rstabl!`L0,1 !n t^ m. Zt•ctlacd t?clr?eai ,?•• M11an:,-d (Y? .Ltanual)
i.e..
occan-cnce of hydroph}^;c vegetation. hydnc sails and Welland hydruluvv).
i he term "adjacent" means border;nF. simNtvous• or neIghhorrng We:lflcds Separated from other maters of the S h? rnar-made dike, or
harmers; natural river berms, beach dune, and the like arc also adjacent
L/9 abed !AcI60:b 90-6•Jen !69L6.66L-ti0L ! :A9 jueS
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? 11 @', 12
C) (-r ,'? "-)
MAR 7
1. UU6
1Mati ? Ek QUALITY
U.S. ARMY CORPS OF M,
WILMINGTON DISTRICT
Action id. 200531329 County: Catawba L.S.G.S. Quad: Troutman
"NOTIFICATION
Property OwneiiAgent: Bridgewater II, LLC / Attn: Jeff Cernuto
Address: P.O. Box 3608
Mooresville, NC 28117
l'clephone No.:
Size and location of property (waterbody, road name/number, town, etc.) The site known as the The Summit at
Lake Norman is located on Lone Island Road and Hopewell Church Road. adiacent to bake `orman , in
Catawba County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there maybe waters- of the- U.S. on the above descnbcd property. We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered t+nal, a Jurisdictional determination must be verified by the Corps.
X There are waters of the U.S. on the above described property subject to the permit requirements of Section 404
of the Clean Water Act (CWA)(33 L'SC k I344). Unless there is a change in the law or our published
regulations, this determination trtay be relied upon for a period not to exceed five years from the date of this
notification.
_ We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this tivctlarid delineation in a
timely manner. For a more timely delineation; you may wish to obtaina consultant. To be considered final,
any delineation trust be verified by the Corps.
X The waters of the U.S. on your property have been delineated and the delineation has been Nei iced by the
Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should he
reviewed and verified by the Corps.- Once verified, this survey will provide an accurate depiction of all areas
subject to CWA jurisdiction on your property which, provided there is no change in the law or our published
regulations, may be relied upon for a period not to exceed five years.
The waters of the C.S. have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on _. Unless there is a change in the law or out published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.",- to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (3: 1- SC` 1344). Unlcss there is a change in
the law or our published regulations; this deternnation may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
?MQriagetttent Act (CCAMA). -You should witact the Division of Coastal. Management in
Washington, NC, at [phone] to dcictttune their requirements. 1 --1
Cemarks.
J.
Corps Regulatory Official
Oate 'March 3, 200 xpiration Date March 3, 2010
Page 1 of 2
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,IN, y
Action Id 20053 1329
Placement of dredged or fill material within waters of the US andior wetlands without a Department of the Army
-pennit may constitute a violation-of Section 301 of the Clean -Water Act (33 USC fi 1311). If you have any
questions regarding this determination and or the Corps regulatory program, please contact Amanda Jones at 828-
`271=1980 x. 231.
Basis For Deternnmadou: The site contains stream channels with indicators of ordinary high water marks. The
stream channels on the property are unaunwd-tributaries to Lake Norman which flows into the Catawba River and
ultimately flows to the Atlantic Ocean through the Santee-Cooper River in South Carolina.
Corps Regulatory Official (Initial):
FOR OFFICE [ISE ONLY
i A plat or sketch of the property and the wetland data form trust be attached to the file copy of this form.
A copy of the "\otif cation Of Administrative, Appoul Options And Process And Request For Appeal"
form must be transmitted with the properly owner/agent copy of-this form.
V if the propertycomains isolated.Nw4lertdslwaters: pfe-aye indicate to "'Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
-CF: Dort-Cheek, R.O. Box-1796, Davicis,^ NC 28036
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ON, ?}ayr ) t [rG d`t 'f14A`? F_# Q
Applicant: Bridgewater II, LLC Attn: Jeff File Number: 200531329 Date: March 3,20 , 05
Cemuto
Attached is: See Section below
- -- - I -
Tp"e'rm ITIAL PROFFERED PERMIT (Standard Permit or Letter of q -
is sion)
PROFFERED PERMIT (Standard Permit or Letter of permission B
PERM II' DENIAL, C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION _ E -
SECTION I - The f©llovving identifies your rights and options regarding; an administrative appeal of the above
decision. Additional information may be found at http;flN"k-w.usace-army.mil/inet/t4gctionslew/c ecwo/re_g or
Corps re ulations 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 all rights to appeal the
permit, including its terms and conditions, and approved jtuisdictional 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 11 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
'.he permit in the future. I pon receipt of your letter. the district engineer kill evaluate your objections and may: (a) modify the
permit it) address all of void concerns, fib) inodlfx the permit to addic» Tonle `.ool x:!:
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
authorisation. 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 perrnit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the pertttit.
• 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 ll of this form
and sending the form to the division engineer. This form must be iecei>, ed 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 Adnumstrative Appeal Process by
completing Section 11 of this torm and sending the form to the division engineer. "I his firm must be received by the division engineer
within 60 days of the date of this notice:.
D: APPROVED.1 URISDICI'IONA1. DF.Ti~:RMINATION: 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 appi-m ed A) under the Cores 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.
L/9 abed °Nc160tb 90-6-JeNd `69L6-66L-bOL : :A9 JuaS

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-farther consideration by the Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL or OBJEC'T'IONS TO AN INITIAL TROFFERED PERMI`T'
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 infornation to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: T-he 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 detennined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you mayprovide additional information to clarify
the location of information that is already in the administrative record.
DINT OF`=CON` ACT-FOR U.ESM i,SOR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
-and/or the appeaf process you may contact: may also contact:
Amanda Jones Mr. Michael F. Bell. Administrative Appeal Review
151 Patton .A\c Officer
RM 208 CESAD-F-T-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-Eng"ineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
-wiil-be-provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
im estiYations.
- - - - ---
-
Date: -Telephone number:
S16mature of appellant or agent.
`04VI-S-40 ENGINFIER:
Commander
Army Engineer Di,*4sion, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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