20061176 Ver 1_COMPLETE FILE_20060717

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Alan W. Klimek, P.E. Director
Division of Water Quality
August 1, 2006
DWQ# 06-1176
Union County
Mr. Chris Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
Subject: Tuscany Subdivision
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Mathisen:
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AUG 0 8 2006
DENR - WATER QUALITY
WETLANDS AND STCOMATER BRANCH.
You have our approval, in accordance with the attached conditions and those listed below, to
impact 100 linear feet (If) of an unnamed tributary to Little Twelve Mile Creek and restore the 318 If of
stream (that was "inadvertently" impacted) in order to construct the Tuscany Subdivision in Union
County, as described in your application received by the Division of Water Quality (DWQ) on July 20,
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 substrate of the impacted stream shall be reconstituted to it original state (to the maximum
degree possible).
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Internet: ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
N `
o Carolina
Ntura!!il
Customer Service
1-877-623-6748

3. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
5. 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 401Metlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
6. 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.
7. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
8. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date the
Division of Land Resources has released the project.
9. Continuing Compliance. The applicant (The Mathisen Company) 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.
1
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
Cyndi Karoly, Wetlands Unit
MRO, Land Quality
Becky Fox, EPA
Len Rindner
Central Files
File Copy
Triage Check List
Date: 7/25/06
Project Name: Tuscany
DWQ#: 06-1176
County: Union
Alan Johnson, Mooresville Regional Office
To:
60-day Processing Time: 7/20/06 - 9/18/06
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!
A ,
Tuscany
Residential Project
Union County.
North Carolina -
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO USA CE and NCDENR
Prepared For
Mr. Chris Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane c Q?6
Matthews, NC 28105 ?UL 0 2
[phone]
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*Subject to verification by the USACE
July 5, 2006
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Office Use Only: Form Version May 2002
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USACE Action ID No. DWQ No.
(If any particular item is not applicable to tits project, please enter Not Appncabie- or N/A .?
1. Processing
1. Check all of the approval(s) requested for this project: -
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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 Owner/Applicant Information
Mr. Chris Mathisen D
The Mathisen Company
6208 Creft Circle, Suite 230 JUL 2 0 2006
Indian Trail, NC 28079
Telephone Number: Fax Number: R' WATER QUALITY M cH
E-mail Address:
1. 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: Leonard S. Rindner. PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews. NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lrindnern,carolina.mcom
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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: Tuscany
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN):
4. Location
County: Union County Nearest Town: Mineral Springs
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps -
5. Site coordinates, if available (UTM or Lat/Long): 34.95890N, 80.6781°W (WGS84/NAD83)
USGS Waxhaw (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 waterbody.)
6. Property size (acres): + 319 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Little Twelve Mile Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at llttp://Ii2o.enr.state.nc.us/adniin/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: Undeveloped woodland and residential in early phases in
development (roads, infrastructure, and sedimentation and erosion control).
10. Describe the overall project in detail, including the type of equipment to be used:
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11. Explain the purpose of the proposed work:
Residential develo ment and site preparation.
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 a
buffer impacts, along with associated mitigation (whe 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.
d
Vl l„G „CCU Lo Hoary the USACF
Annrnximato-hr '21 Q is-___ f. .
li
Twelve Mile Creek has been avoided.
Future Project Plans
f
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.
Additional impacts are not ex ected. The remainin perennial stream is alon the rear and
ro erty line and in common oven space
V. 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
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: Proposed Permanent impacts
are limited to one road crossing.
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2. Individually list wetland impacts below: NA
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/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 ht1p://www.fema.gov.
*** 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: +/- 2.75
Total area of wetland impact proposed: NA
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 secif )
1 NWP 39 100' UT of Little
Twelvemile Creek 314' Intermittent
2*** NWP 39 temp. 318' same 314' Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (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
ww??.usgov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
wwxv.mapqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 418 if
*** 318 If of stream banks (636 If both sides) to be reve!!etated by live stake stabilization
Sanitary Sewer crossings to be installed in accordance with NWP 912 Conditions and
GC 3374.
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4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VI. 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.
Permanent impacts to streams are limited to an unavoidable stream crossing. The remaining
stream and wetland is along rear lot lines or within common open space. The stream banks of
the intermittent stream inadvertently impacted will be restored utilizing live stake stabilization.
VII. Mitigation
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
littp•//li2o.enr.state.nc.us/ncwetlands/strmf:ide.litm1.
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.
Permanent impacts to the stream have been minimized through the use of headwalls.
The road alignment is designed to cross at perpendicular angle to the stream to the
extent feasible. The remaining streams and wetlands are within required common open
space or along rear lot lines. The stream banks along the intermittent stream
inadvertently graded will he replanted utilizing live stakes in the fall of 2006 during the
dormant season.
The spacing of the live stakes will be approximately 2' O.C. The cross section
measurements average approximately 37 ft (18.5' each side). Approximately 23, 532
SF of stream bank will be planted for a total of 5,883 live stakes.
Itea virginica - Silky Willow
Cornus amomum- Silky Dogwood
Cephalanthus occidentalis - Buttonbush
Sambucus canadensis - Elderberry
Salix nigra - Black Willow
* * No more than 50% of the materials required to be installed shall be of one species. At least three
varieties shall be utilized, unless approved otherwise.
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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://li2o.cnr.state.nc.us/wrp/index.htni. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: NA
Amount of stream mitigation requested (linear feet):-
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
VIII. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
X. Stormwater (required by DWQ) NA
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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. The development is a large large lot subdivision with areas of
undeveloped open space. The impervious development is not expected to exceed 30%.
XI. 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.
Municipal System - Union County Public Works
XII. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the fact permit application?
Yes X No ?
XIII. 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
Tl,?eategc4 Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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LEONARD S. RINDNER PWS
Environmental Planninb Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
July 4, 2006
Mr. Chris Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
RE: Tuscany, Union County, NC
Dear Mr. Mathison:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leotard S. Rindner, PIES as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing Wth the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
ji n ,VV(. 7111$46
Name Date
Please contact me if you have any questions or require additional explanation. Thank
you.
S'ncerely,
Leonara-S-Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
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0 0.3 0.6 0.9 1.2 1.5 km G
0 0.2 0.4 0.6 0.8 1 mi
Map center is 34.95890N, 80.6781°W (WGS84/NAD83)
Waxhaw quadrangle M=-7.177
Projection is UTM Zone 17 NAD83 Datum G . io4
USGS WAXHAW
Page 1 of 1
SS CROSSINGS
SS CROSSING
EX.SS TRUNK
STREAM
±100 LF
RESTORATION
OVERALL SITE PLAN
?r
_318 LF INTERMITTENT STREAM WITH ?-
INADVERTENTLY
GRADED STREAM BANKS
REGRADED AT ± 2 TO 1 SLOPE i/
AND STABILIZED WITH TEMP. GRASS i`4w?? ?` .? ?,
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60
h / \ 555y' ±636 LF STREAM BANK
r RESTORATION
• ?
STREAM BANKS TO BE REPLANTED
.01 b
WITH LIVE STAKE STABILIZATION
\ 1 ( -" K 1 FALL 2006 \ ?.
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EXISTING WOODED AREA TO REMAIN
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LINE LENGTH BEARING
LI 605.37 S56'47'53'W
L2 31.38 S12.23'41'E
L3 91.76 S16'18'51'W
L4 46.33 S45'29'23'E
L5 50.96 S37'17'22'W
L6 29.33 N74'42'36'W
L7 31.11 S47'56'40'W
LB 44.39 N08'48'52'E
L9 51.51 N03.50'53'E
L10 52.21 N07.01'42'E
L11 44.79 N64.21'53'E
L12 161.60 N54.58'31'W
L13 37.39 S41.00'02'W
L14 38.65 N55.21'42'W
L15 29.09 367.24'04'W
L16 48.73 S40'08'57'W
L17 42.05 S67.00'58'W
L18 50.04 S57'32'23'W
L19 56.39 N61.02'35'W
L20 59.73 N01.43'59'E
L21 62.08 N04.58'23'W
L22 54.25 N07'28'24'W
L23 44.69 N00'55'17'W
L24 55.28 N06'43'51'W
L25 40.71 N25.08'32'W
L26 51.52 N45.54'15'E
L27 40.78 N88'36'30'E
L28 59.88 N68'37'09'E
L29 73.06 N21'11'44'E
L30 51.49 N74.49'33'E
L31 35.45 S63.02'50'E
L32 56.97 S43'40'36'E
L33 35.53 S74'49'19'E
L34 132.48 S04'27'95'W
L35 186.64 S08.42'09'W
L36 20.52 S6578'29'W
L37 14,75 S81.49'44'W
L38 23,08 S67.41'06'W
L39 23.27 N53'44'35'W
L40 57.66 N92'55'21'E
L41 40.11 S43.09'05'E
L42 66.77 S29'37'09'W
L43 79.62 S32'26'59'W
L44 38.89 S46'21'30'W
L45 34,85 N53.07'55'W
L46 25.73 N50'00'14'E
L47 27.38 N16.45'35'E
L48 37.62 N54.32'26'W
L49 43.29 N74* 42'21'W
L50 29.46 S83'01'07'E
L51 27.94 N42'10'10'E
L52 78.52 S86'37'S8'E
L53 2305 S48.04'20'E
L54 1042.80 S47.20'18'W

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NO N.C. GRIO MONUMENT LOCATED W11HN 2000
FEET OF THIS PROPERTY. N j n
----_UNDISTURB ED THIS SURVEY IS OF AN EXISTING PARCEL OR
CHANNEL PARCELS OF LAND. z
0.02 Ac. THIS 5URYFY IS STRICTLY FOR THE PURPOSE OF O
LOCATING WETLANDS AND CHANNELS.
THIS MAP DOES NOT MEET N.C.G.S. MIN. STANDARDS
OF C.S. 47-30 AND IS NOT FOR RECORDING. V)
WETLAND DELINEATION PERFORMED BY LL
HARMON ENVIRONMENTAL. a

Q

WETLAND "D" WETLAND CERTIFICATION
0.18 ACRE THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
BOUNDARY OF JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A
CHANGE IN THE LAW OF OUR PUBLISHED REGULATIONS THIS DETERMINATION
OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE (13) YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE
UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL,

NAME
--------------------------- ----------- N
a
(SIGNED BY THE U U.S. ARMY CORP OF ENGINEERS
m Y DX Q
TITLE, ------------------------------------
oa }

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DATEi w w
REGISTERED PROFESSIONAL WHOPS SIGNATURE AI40 SEAL ARE AFFIXED HERETO MUL NOT BE HCLD
RESPONSIBLE FOR MY CHANCES OR ADDITIONS
MADE BY OTHERS THROUGH UNAUTHGRIZED
REUSE OR REPRODUCTION OF THIS. DOCUMENT.
IF THIS ORAWNO IS PROVIDED IN A DIGITAL FORMAT
THE LISM IS REOUIRD TO HAYS A SIGNED, SEALED
COPY OF THE SURVEY AND IS TO REFER TO THAT
HARD COPY FOR ANY AND ALL INFORMATION. ALL
DIGITAL FILES ARE SUBJECT TO CHANCES AND AREA
NOT CONSIDERED TO BE A CERTnW SURVEY.
NOT TO SCALE
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A ,
'T'uscany
Residential Project
Union County.
North Carolina
Joint Application Form and Supporting Documentation for
NATIONTVIDE PERMITS THAT REQUIRE NOTIFICATION
TO USA CE and NCDENR
Prepared For
Mr. Chris Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
*Subject to verification by the USACE
July 5, 2006
? riCS,
n....,, i -r n
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. `1 0 o 0
(If any particular item is not applicable to ttns project, please enter trot App icaoie u, NiA .)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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:
?od? D
II. Applicant Information Owner/Applicant Information all
Mr. Chris Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
Telephone Number: Fax Number:
E-mail Address:
JUL 2 0 L000
OENR. WATER QUALITY
WETWIDS AND STORMWATER BRANCH
1. 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: Leonard S. Rindner, P`VS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews. NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: Irindnercarol ina.mcom
n---'I -cn
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: Tuscany
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Union County Nearest Town: Mineral Springs
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps -
5. Site coordinates, if available (UTM or Lat/Long): 34.95890N, 80.6781°W (WGS84/NAD83)
USGS Waxhaw (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 waterbody.)
6. Property size (acres): + 319 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Little Twelve Mile Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.enr.state.nc.us/admin/neaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped woodland and residential in early phases in
development (roads, infrastructure. and sedimentation and erosion control).
10. Describe the overall project in detail, including the type of equipment to be used:

11. Explain the purpose of the proposed work:
Residential development and site preparation.
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 impacts, along with associated mitigation (where applicable). If this is wetland, stream a NCDOT projec ,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
0 li
0
bili
8 linear feet o
0 li
Twelve Mile Creek has been avoided.
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.
Additional impacts are not ex ected. The remaining perennial stream is along the rear and
property line and in common open space
V. 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
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: Proposed Permanent impacts
are limited to one road crossin .
n--- A -Cn
2. Individually list wetland impacts below: NA
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres Located within
100-year Floodplain**
(es/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, tut,
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 I-800-358-9616, or
online at
*** 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: +/- 2.75
Total area of wetland impact proposed: NA
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 secif )
1 NWP 39 100' UT of Little
Twelvemile Creek 39 4+ Intermittent
2*** NWP 39 temp. 318' same 3'4 ' Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (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
www.us s.eov. Several imcmet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapgUest.cont, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 418 If
*** 318 if of stream banks (636 if both sides) to be revepetated by live stake stabilization
Sanitary Sewer crossings to be installed in accordance with NWP 412 Conditions and
GC 3374.
n.._.. c _Irn
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres)
Waterbody
Name
(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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VI. 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.
Permanent impacts to streams are limited to an unavoidable stream crossing. The remaining
stream and wetland is along rear lot lines or within common open space. The stream banks of
the intermittent stream inadvertently impacted will be restored utilizing live stake stabilization.
VII. Mitigation
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
littp:Hli2o.enr.state.ne.us/ncwetlands/stnrn,i,,ide.litml.
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.
Permanent impacts to the stream have been minimized through the use of headwalls.
The road alignment is designed to cross at perpendicular angle to the stream to the
extent feasible. The remaining streams and wetlands are within required common open
space or along rear lot lines. The stream banks along the intermittent stream
inadvertently graded will be replanted utilizing live stakes in the fall of 2006 duriniz the
dormant season.
The spacing of the live stakes will be approximately 2' O.C. The cross section
measurements average approximately 37 ft (18.5' each side). Approximately 23, 532
SF of stream bank will be planted for a total of 5,883 live stakes.
Itea virginica - Silky Willow
Cornus amomum- Silky Dogwood
Cephalanthus occidentalis - Buttonbush
Sambucus canadensis - Elderberry
Salix nigra - Black Willow
* * No more than 50% of the materials required to be installed shall be of one species. At least three
varieties shall be utilized, unless approved otherwise.
n......-r.rn
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 llttp://112o.enr.state.nc.us/wrp/index.litni. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: NA
Amount of stream mitigation requested (linear feet):_
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
VIII. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
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
(Meuse), 15A NCAC 2B .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:
X. Stormwater (required by DWQ) NA

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. The development is a large large lot subdivision with areas of
undeveloped open space. The impervious development is not expected to exceed 30%.
XI. 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.
Municipal System - Union County Public Works
XII. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the fact permit application?
Yes X No ?
XIII. 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
Tlkeatenefl Species, accessibility problems, or other issues outside of the applicant's control).

VMO 4:?,,
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
n--- n _rn
LEONARD S. RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
July 4, 2006
Mr. Chris Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
RE: Tuscany, Union County, NC
Dear Mr. Mathison:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
VOL- ;7111 A(S
Name Date
Please contact me if you have any questions or require additional explanation. Thank
you.
S'ncerely,
Leonara-S`Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
MapQuest: Maps
« ?" "C;, ,
Mineral Springs NC
US
Notes:
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100 2100(11
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Map center is 34.95890N, 80.67811W (WGS84/NAD83)
Waxhaw quadrangle M=-7.177
Projection is UTM Zone 17 NAD83 Datum ?-, =O. 1S4
USGS WAXHAW
SS CROSSINGS
EX.SS TRUNK
STREAM BANK RESTORATION AREA
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SS CROSSING
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OVERALL SITE PLAN
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±318 LF INTERMITTENT STREAM WITH
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LINE TA BLE
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LI 809.37 S56.47'53'W
L2 31.38 S12.23'41'E
L3 51.76 S16'18'51'W
L4 46.33 S45.29'23'E
L5 50.96 S37'17'22'W
L6 29.33 N74.42'36'W
L7 31.11 S47'56'40'W
LB 44.39 N08448152'E
L9 91.91 N03790'S3'E
L10 52.21 N07'01'42'E
LII 44.79 N64.21'53'E
L12 161.60 N54.58'31'W
L13 37.39 S41'00'02'W
L14 38.65 N55'21'42'W
L13 25.09 S67'24'04'W
L16 48.73 S40'08'57'W
L17 42.05 S67'00'58'W
L18 50,04 S57.32'23'W
L19 56.39 N61.02'35'W
L20 59.73 NOl'43'59'E
L21 62.08 N04'58'23'W
L22 54.25 N07.28'24'W
1-23 44.69 N00'55'17'W
L24 55.28 N06.43'51'W
L25 40.71 N25.OB'32'W
L26 51.52 N45'54'15'E
L27 40.78 N88'36'30'E
L28 59.88 N68.37'09'E
L29 73.06 N21'11'44'E
L30 51.49 N74.49'33'E
L31 35.45 S63702'50'E
L32 56.97 S43.40'36'E
L33 35.53 S74.49'19'E
L34 132.48 S04.27'55'W
L35 186.64 S08'42'09'W
L36 20.52 S65.48'29'W
L37 14.75 S81.49'44'W
L38 23.08 S67'41'06'W
L39 23.27 N53.44'358W
L40 57.66 N52'55'21'E
L41 40.11 S43.09'05'E
L42 66.77 S29'37'09'W
L43 79.62 S32'26'59'W
L44 38.89 S46.21'30'W
L45 34.85 N53.07'55'W
L46 25.73 N50.00'14'E
L47 27.38 N16.45'35'E
L48 37.62 N54.32'26'W
L49 43.29 N74'42'21'W
L50 29.46 S83'01'07'E
L51 27.94 N42'10'10'E
L52 78.52 S86'37'SB'E
L53 23.05 S48.04'20'E
L94 1042.80 S47.20'18'W
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WETLAND 'E'
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GRAP141C SCALE
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SCALE OF MAP MAY BE DISTORTED
DUE TO METHODS OF REPRODUCTION.
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REGISTERED PROFESSIONAL WHOPS SIGNATURE AND
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RESPONSIBLE FOR ANY CHANCES OR ADDITIONS
MADE BY OTHERS THROUGH UNAUTHORIZED
REUSE OR REPRODUCTION OF THIS DOCUMENT,
IF THIS DRAANO IS PRONGED IN A DIGITAL FORMAT
THE USER IS REOUIRED TO HAVE A SIGNF27, SEALED
COPY OF THE SURVEY AND IS TO REFER TO THAT
HARD COPY FOR ANY AND ALL INFORMATION. ALL
DIGITAL FILES ARE SUBJECT TO CHANGES AND ARE'
NOT CONSIDERED TO BE A CERTIFIED SURVEY.
NOT TO SCALE
TOTAL LENGTH OF CHANNEL
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FEET OF THIS PROPERTY. N j n
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CHANNEL PARCELS OF LAND. z? -
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LOCATING Y.ETLANDS AND CHANNELS. ?Y1
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THIS MAP DOES NOT MEET N.C.G.S. MIN. STANDARDS
OF O.S. 47-30 AND IS Nor FOR RECORDING. ' ^
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WETLAND DELINEATION PERFORMED BY LL.
HARMON ENVIRONMENTAL. 0:.

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WETLAND rD" WETLAND CERTIFICATION
0.16 ACRE THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE
BOUNDARY OF JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS
DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A
CHANGE IN THE LAW OF OUR PUBLISHED REGULATIONS THIS DETERMINATION
OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED FIVE (5) YEARS FROM THIS DATE THIS DETERMINATION WAS MADE
UTILIZING THE 1907 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL,
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NAME, °----------------------------------° r
<SICt1ED HY THE U.S, ARMY LORP OF ENGINEERS

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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
March 1, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Chris Mathisen
The Mathisen Company
6208 Creft Circle, Suite 230
Indian Trail, NC 28079
JUL 2 0 2006
DENR - WATER QUALITY
WETLANOS A"') STORUWATER BRANCH
Dear Mr. Mathisen:
Subject: Notice of Violation and
Notice of Recommendation For Enforcement
Incident 4: 200600593 & NOV-2006-CV- 0001
NCGO 10000 and NCAC 02B .0211 (2)
Tuscany Subdivision
Union County, NC
In response to a referral from the Division of Land Resources (DLR), Mr. Alan Johnson and Ms. Polly
Lespinassee of this office conducted an investigation at the subject site on February 16, 2006. During the investigation it
was observed that in excess of 450 linear feet (if) of stream had been ditched. It was also observed that "water" from a
sediment basin located at the upper reach of the channel was being pumped into the stream without any filtering of the
sediment that had accumulated in the basin.
This letter is being issued as a Notice of Violation and Notice of Recommendation For Enforcement for failure to
obtain a 401 Water Quality Certification pursuant to 15A North Carolina Administrative Code (NCAC) 02H .0500 and for
the removal of best usage of the waters (NCAC 02B .0211 (2)) of the state for the unapproved impacts, as well as for the
failure to comply with your State General Stormwater Permit NCGO10000, that was issued in June 2005 by the Division
of Water Quality upon approval of your Sediment and Erosion Control Plan.
Based on this office's inspection of the site, the following violations were found:
NCAC 02H .0500 - 401 Water Quality Certification
Impacts exceeding 150 linear feet of stream require approval from the DWQ. A review of DWQ files failed to
show any approvals issued for the subject site. Staff observed in excess of 450 if of stream that had been ditched.
NCAC 213.0211 (2): Preclusion of Best Usage
The ditching of the stream resulted in the loss of use of the channel for aquatic wildlife. Specifically, 15A NCAC
2B .0211 (2) states that the preclusion of best usage, which includes "...aquatic life propagation and maintenance
of biological integrity, wildlife, secondary recreation, and agriculture ..." represents a water quality standard
violation.
Nos hCarolina
,?atrrrall?
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: navaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
w
General Stormwater Permit NCGO1000O - Condition Violations
Part I, Section A, #2: The permittee shall implement the sediment and erosion control plan that has
been approved by Development Services of Cabarrus County. Compliance with the approved plan is
considered a condition of this general permit. Any deviation from the approved plan shall be
considered a violation unless prior approval has been obtained from the approving authority.
Part I, Section B, #1: All erosion and sediment control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days and within 24 hours after any storm
event greater than 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site
and a record of the rainfall amounts and dates shall be kept by the permittee.
Part I, Section B, #2: Tile operator shall keep a record of all inspections as required by Section B, #1
noted above. These records shall be made available to DWQ upon request.
Part I, Section C: During construction and until the completion of the project and the establishment of
a permanent ground cover, the permittee shall provide the operation and maintenance necessary to
operate the storm water controls at optimum efficiency.
This office requires that the violations, as detailed above, be abated immediately. If you have an explanation
for the noted violations that you wish to present, please respond in writing within fifteen (15) days following the
receipt of this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate,
your explanation will be forwarded to the Director with the enforcement package for his consideration. Please note
that these violations and any future violations are subject to civil penalty assessments of up to $25,000.00 per day for
each violation.
In addition to your response, a Pre-Construction Notification (PCN) form, a stream restoration plan, and a
timeline for completion of the work must be submitted to DWQ. It is strongly recommended that a person with
experience in such matters be consulted. Thank you for your prompt attention to this matter. If you have any questions,
please do not hesitate to contact Mr. Johnson or me at [phone].
Sincerely,
D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: US Army Corps of Engineers
Danny Smith - Compliance/Enforcement
Wetlands Unit-Ian McMillan
Bill Grigg- Willow Group
Land Quality
Central File