20061656 Ver 1_COMPLETE FILE_20061017

021'LP
t
ECS CAROLINAS, LLP
Geotechnical o Construction Materials © Environmental
Ms. Cyndi Karoly, Supervisor October 31, 2006
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
RE: PCN Application for Section 404/401 NWP-39
Habitat for Humanity - Matthews, Westmoreland Road Apartments
Cornelius, North Carolina
ECS Project #14519
DWQ Project 406-1656
Dear Ms. Karoly:
On behalf of Goldberg Companies, Inc., ("the Applicant"), ECS Carolinas, LLP ("ECS") is responding to
your request for more information in a letter dated October 24, 2006 regarding our application for a
Nationwide Permit 39 (NWP-39) for 146 linear feet of jurisdictional stream impacts. According to our
calculations, using AutoCAD, the site will have 27.65% impervious surface, less than the 30% threshold
for a site-specific stormwater management plan. In the original application, we provided a "zoomed-in"
view of the site plan. For your review, we have included a revised site plan that shows the entire property
with the impervious areas in bold. Additionally, we have included a site plan with the impervious surface
calculations. Should you have any additional questions or concerns please feel free to contact us at (919)
861-9910.
Respectfully submitted,
ECS Carolinas, LLP
v",C
Budd Titlow Lauren Tucker
U7
Principal Wetland Scientist (SWS #754) Environmental Scientist
1rD
NOV 1 - 2006
Enclosures: Impervious surface calculations (Figure 1)
Revised site plan depicting entire property (Figure 2) UENR - VMTrER QUALITY
'111'% UQ3 N'0 SM-i!,11" ATER EPANCH
Copies: Mr. Greg Nichols, GCI Residential, 5405 Etta Burke Court, Suite 101, Raleigh, NC 27606
Mr. Peter Nintcheff, Goldberg Companies, Signature Square II, Suite 300, 25101 Chagrin
Boulevard, Beachwood, OH 44122
Alan Johnson, Surface Water Protection, DWQ Mooresville Regional Office, 610 East
Center Ave., Mooresville, NC 281 15
Ms. Amanda Jones, USACE Asheville Regulatory Field Office, 151 Patton Ave., Room
208 Asheville, North Carolina 28801-5006
9001 Glenwood Avenue, Raleigh, Nortli Carolina 27617-7505 • [phone] • FAX [phone] • 1-800-327-5832 • www.ecslimited.com
Aberdeen, DID • Atlanta, GA • Austin, TX • Baltimore, DID - Buford, GA • Chantilly, VA • Charlotte, NC • Chicago, IL • Dallas, TX
Danville. VA • Frederick, DiD • Fredericksburg, VA • Greensboro, NC • Greem,ille, SC • Norfolk, VA • Orlando, FL • Raleigh, NC
Richmond, VA • Roanoke, VA • San Antonio, TX • Williamsburg, VA • Wilmington, NC • Winchester, VA • York. PA
*Testing Services Only

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l? N?? ? _ 2006
r?? P
o?0F W ATF9OG Michael F. Easley, Governor
William G. Ross Jr., Secretary
C North Carolina Department of Environment and Natural Resources
> _f
O 'C Alan W. Klimek, P.E. Director
Division of Water Quality
October 24, 2006
DWQ Project # 06-1656
Mecklenburg County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED `
Mr. Peter Nintchefl
2 ` @ v? Do
Goldberg Companies, Inc. NOV 1 - 2006
Signature Square II, Suite 300
25101 Chagrin Boulevard DEr,R - WATER QUAi i F-
?O ii-,t:DS:,nD STORPS ;TF.k
Beachwood, OH 44122
Subject Property: Habitat For Humanity - Westmoreland Road Apartments
Ut to McDowell Creek [030833,11-115-(5), WSIV, CA]
REQUEST FOR MORE INFORMATION
Dear Mr. Nintchefl:
On October 17, 2006, the Division of Water Quality (DWQ) received your "Courtesy Copy" application
dated October 13, 2006 to impact 146 linear feet of stream to construct the proposed apartments. The
DWQ has determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
Under Section XI. - Stormwater (required by DWQ) on page 12 of 13 of your application,
regarding the proposed project imperviousness your response to the question was, "Not
Applicable". This question must be responded to and "Not Applicable" is not an acceptable
response. You are seeking approval for your project under General Water Quality Certification
No. 3402 (Nationwide 39) which states, "Additional site-specific stormwater management
requirements may be added to this Certification at DWQ's discretion on a case by case basis for
projects that have or are anticipated to have impervious cover ofgreater than 30 percent. Site-
specific stormwater management shall be designed to remove 85% TSS according to the latest
version of DWQ's Stormwater Best Management Practices manual at a minimum." If your
proposed project imperviousness will exceed 30 percent, please revise your Pre-Construction
Notification application and resubmit five (5) copies of the PCN application, your stormwater
BMP plan, and the appropriate fee of $200.00 to the DWQ.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Alan
one
?
NpthCarolina
401 OvcrsighVExpress Review Permitting Unit Naturally
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/ncwctlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Goldberg Companies, Inc.
Page 2 of 2
October 24, 2006
Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Since y,
"V'-' 49
Cyndi Karoly, Supervisor
A401 Oversight/Express Review Permitting Unit
CBK/ym
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Budd Titlow, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617
Filename: 061656I1abitatFortIumanityWestmorelandRdApt3(Mecklenburg)Oo bold
.1
RE: DWQ # 06-1656 Habitat for Humanity Westmoreland Rd Apts
Subject: RE: DWQ # 06-1656 Habitat for Humanity Westmoreland Rd Apts
From: "BTitlow" <[e-mail]>
Date: Wed, 25 Oct 2006 11:31:30 -0400
To: "Laurie Dennison" <[e-mail]>
CC: "CBreen" <[e-mail]>, "LTucker" <[e-mail]>
Thanks for the update, Laurie. We'll make sure to follow the protocol.
Best regards -
Budd
Budd Titlow, Natural Resources Team Leader
Professional Wetland Scientist (SWS 4754)
ECS Carolinas LLP
9001 Glenwood Avenue
Raleigh, NC 27617-7505
PH-Office (General): [phone]
PH-Office (Direct): [phone]
PH-Cell: [phone]
E-mail: [e-mail]
-----Original Message-----
From: Laurie Dennison [mailto:laurie.j.dennisongncmail.net]
Sent: Wednesday, October 25, 2006 07:40 am
To: BTitlow
Subject: DWQ # 06-1656 Habitat for Humanity Westmoreland Rd Apts
Please see attached the Division of Water Quality's request for more
information related to your recent application. Please note that this
message is being forwarded to you electronically so that you may
expedite preparation of your response. Please do not send your response
as a reply to this e-mail or via fax. The hard copy is being sent via
US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd.,
Raleigh, NC, 27604 unless otherwise noted.
BTitlow <BTitlownecslimited.com>
1 of 1 10/25/2006 12:36 PM
r
s
4u ATF9o Michael F. Easley, Governor
G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
October 24, 2006
DWQ Project # 06-1656
Mecklenburg County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Peter Nintcheff
Goldberg Companies, Inc.
Signature Square II, Suite 300
25101 Chagrin Boulevard
Beachwood, OH 44122
Subject Property: Habitat For Humanity - Westmoreland Road Apartments
Ut to McDowell Creek [030833, 11-115-(5), WSIV, CA]
REQUEST FOR MORE INFORMATION
Dear Mr. Nintcheff:
On October 17, 2006, the Division of Water Quality (DWQ) received your "Courtesy Copy" application
dated October 13, 2006 to impact 146 linear feet of stream to construct the proposed apartments. The
DWQ has determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Under Section XI. - Stormwater (required by DWQ) on page 12 of 13 of your application,
regarding the proposed project imperviousness your response to the question was, "Not
Applicable ". This question must be responded to and "Not Applicable" is not an acceptable
response. You are seeking approval for your project under General Water Quality Certification
No. 3402 (Nationwide 39) which states, "Additional site-specific Stormwater management
requirements may be added to this Certification at DWQ's discretion on a case by case basis for
projects that have or are anticipated to have impervious cover ofgreater than 30 percent. Site-
specific Stormwater management shall be designed to remove 85% TSS according to the latest
version of D{I'Q's Stormwater Best Management Practices manual at a minimum." If your
proposed project imperviousness will exceed 30 percent, please revise your Pre-Construction
Notification application and resubmit five (5) copies of the PCN application, your stormwater
BMP plan, and the appropriate fee of $200.00 to the DWQ.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Alan
Noe Carolina
401 Oversight/Express Review Permitting Unit ?turldlY
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Goldberg Companies, Inc.
Page 2 of 2
October 24, 2006
Johnson of the DWQ Mooresville Regional Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Since y,
& Cyndi Karoly, Supervisor
1 Oversight/Express Review Permitting Unit
CBK/Ym
cc: Alan Johnson, DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Budd Titlow, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617
Filename: 061656IIabitatForllumanityWestmorelandRdApts(Mecklenburg)On_llold

Subject: DWQ # 06-1656 Habitat for Humanity Westmoreland Rd Apts
From: Laurie Dennison <[e-mail]>
Date: Wed, 25 Oct 2006 07:40:09 -0400
To: [e-mail]
Please see attached the Division of Water Quality's request for more information related to your recent
application. Please note that this message is being forwarded to you electronically so that you may
expedite preparation of your response. Please do not send your response as a reply to this e-mail or via
fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy
to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise
noted.
Content-Type: application/msword
061656IIabitatForIlumanityWestmorelandRdApts(Mecklcnburg)On_I Iold.doc
Content-Encoding: basc64
1 of 1 10/25/2006 7:43 AM
LETTER OF
TRANSMITTAL
BOO CjD'
Project Habitat for Humanity - Matthews
Westmoreland Road Apartments
Mecklenburg Countv. North Carolina
To Ms. Amanda Jones
U.S. Arm Corps of Engineers
Asheville Field Office
151 Patton Ave, Rm. 208
Asheville, NC 28801-5006
20061 656
ECS Carolinas, LLP
9001 Glenwood Ave
Raleigh, NC 27617
LLP 11h: 919-861-9910
CAROLINAS
x;0,1
ECS Project Number 06-14519
Date October 13, 2006
B Budd Titlow
Re: PCN
We are sending you X enclosed ? under separate cover via the following items:
? Print ? Original ? Reproducible ? Shop Drawing ? Computer File
? Specifications ? Correspondence ? Sample X Pre-Construction Notification
1 1 Cover Letter and Project Information Summary
1 1 Authorized Agent Letter
1 1 Pre-Construction Notification Application
1 1 Proposed Site Plan Showing Impacts (Figure 1)
1 1 Notification of Jurisdictional Determination Letter
1 1 Vicinity Map (Figure 2)
1 1 U.S.G.S. Topographic Map with Site Location (Figure 3)
1 1 Mecklenburg County Soil Survey Map (Figure 4)
1 1 NWI Map (Figure 5)
1 1 Aerial Photograph (Figure 6)
it enclosures are not as noted, please notrry senuer at once
The enclosed are being transmitted
? For your use ? As requested ? Returned for corrections ? For review and comment
? Approved as noted X For approval ?
Comments
ECS Carolinas, LLP (ECS) is submitting this pre-construction notification application package for a Nationwide
Permit 39 on an approximate 38.6-acre tract located along Westmoreland Road in Cornelius, Mecklenburg
County, North Carolina. Please contact Mr. Budd Titlow @ 919-861-9850 if you have any questions regarding
this information.
RESPECTFULLY SUBMITTED,
ECS CAROLINAS, LLP
Copies to: File
9001 Glenwood Ave. o Raleigh, NC 27617 o Ph: 919-861-9910 e
O C T 1 7 2006
DEWR - WATER QUALITY
WETLANDS AND STORAMATER BUJCH
I
ECS CAROLINAS, LLP
GeotechnicaloConstruction 1laterialsoEiivironmental
Ms. Amanda Jones
U.S. Army Corps of Engineers
Asheville Field Office
151 Patton Ave., Room 208
Asheville, North Carolina 28801-5006
RE: PCN Application for Section 404/401 NWP-39
Habitat for Humanity - Matthews, Westmoreland Road Apartments
Cornelius, North Carolina
ECS Project #14519
Dear Ms. Jones:
20061656
October 13, 2006
On behalf of Goldberg Companies, Inc., ("the Applicant"), ECS Carolinas, LLP ("ECS") is filing a Pre-
Construction Notification (PCN) Application requesting permission for a Section 404/401 Nationwide
Permit 39 (NWP-39) for 146 linear feet of jurisdictional stream impacts resulting from construction of a
culvert. Should you have any questions or concerns please feel free to contact us at [phone].
Respectfully submitted,
ECS Carolinas, LLP
Budd Titlow, Natural Resources Group Leader
Professional Wetland Scientist (SWS #754)

Lauren Tucker
Environmental Scientist
Enclosures: PCN Application for NWP-39 and associated Figures 1-6 (1 copy)
Authorized Agent Letter (1 copy)
Notification of Jurisdictional Determination (1 copy)
Copies: Ms. Cyndi Karoly, North Carolina Division of Water Quality, 401/Wetland Unit, 1650
Mail Service Center, Raleigh, NC 27699-1650 (1 copy)
Mr. Peter Nintcheff, Goldberg Companies, Signature Square II, Suite 300, 25101 Chagrin
Boulevard, Beachwood, OH 44122 (1 copy)
9001 Glenwood Avenue, Raleigh, North Carolina 7617-7505 • [phone] • FAX [phone] • 1-800-327-5832 • www.ecslimitcd.com
Aberdeen, NID • Atlanta, GA • Austin, TX • Baltimore, bID • Buford, GA • Chantilly, VA • Charlotte, NC • Chicago, IL • Dallas, TX
Danville. VA • Frederick, IhID • Fredericksburg, VA • Greensboro, NC • Greenville, SC • Norfolk, VA • Orlando, FL • Raleigh, NC
Richmond, VA • Roanoke, VA • San Antonio, TX • Williamsburg, VA • Wilmington. NC - Winchester, VA • York. PA
'Testing Services Only
Consultant: Mr. Budd Titlow
ECS Carolinas, LLP
9001 Glenwood Ave.
Raleigh, NC 27617
(Ph.) 919-861-9850
(Fax) 919-861-9911
[e-mail]
Applicant: Mr. Peter C. Nintcheff
Goldberg Companies, Inc.
Signature Square II, Suite 300
25101 Chagrin Boulevard
Beachwood, OH 44122
(Ph.) 216-831-6100
Protect Information
Site Address: Westmoreland Road
Waterway: McDowell Creek
River Basin: Catawba
City: Cornelius
County: Mecklenburg
Lat/Long 35° 27' 53.57 N, 80° 52' 46.07 W
USGS Quad: Lake Norman South, N.C.
date
Mr. Stephen C. Brown
ECS Carolinas, LLP
8702 Red Oak Boulevard, Suite A
Charlotte, North Carolina 28217
RE: Cornelius Property on Westmoreland Road
Westmoreland Road at Interstate 77
Cornelius, Mecklenburg County, South Carolina
Dear Mr. Brown,
As part of site development activities, we the undersigned hereby grant permission for ECS
Carolinas, LLP (ECS) to act as our agent for the purpose of conducting wetlands/jurisdictional
waters assessment of the referenced property. We further grant permission for ECS to access the
property and to schedule site visits by Federal and State regulatory personnel, as necessary, for
assessment and/or permitting purposes.
Applicant
Name: (c f« Nr',i FcA e r?
Firm: Q A.V'_
Address:
S, , c` .3090
vA vgf a 2
Signature: ?? Date: ? w9 m
Office Use Only: Fonn Version March 05
USACL Action ID No. DWQ No. 2 0 0 6 1 6 5 6
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
II.
?..? ?7 j'
1. Check all of the approval(s) requested for this project: JI/
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 3
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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), ch FtAowq
ApDlicant Information
O C T 1 7 2006
Owner/Applicant Information DENR - WATER QUALITY
Name: Peter Nintcheff WETI.MmAansrnrnr?,rrAFS
Mailing Address: Goldberg Companies, Inc
Signature Square II, Suite 300
25101 Chagrin Boulevard
Beachwood, OH 44122
Telephone Number: [phone] Fax Number:
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: Budd Titlow
Company Affiliation: ECS Carolinas, LLP
Mailing Address: 9001 Glenwood, Ave
Raleibh, NC 27617
Telephone Number: 919-864-9850 Fax Number: 919-861-9911
E-mail Address: [e-mail]
Updated 11/1/2005
Page 5 of 13
III. Project Information
3
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 I I 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: Habitat for Humanity - Matthews, Westmoreland Rd. Apartments
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN): 005-411-03
From the intersection of
I-77 and Westmoreland Road proceed west on Westmoreland Road. The site is on the
right immediately after crossing, I-77.
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
4. Location
County: N'Iecklenbur,Ly Nearest Town: Cornelius
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 27' 53.57" N 80° 52' 46.07" W
6. Property size (acres):
38.6
7. Name of nearest receiving body of water: McDowell Creek
8. River Basin: Catawba
(Note - this must be one of North Carolinas seventeen designated major river basins. The
River Basin map is available at littp://ii2o.enr.st ite.nc.us/a(imin/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: The site is currently wooded acreage. The surrounding;
properties are a mixture of residential developments, farm land and wooded acreage.
updated 11/1/2005
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
See the attached plan showin:*, the proposed stream crossing. Typical heavy equipment
will be used in the land clearing and grading phase and also during the
construction/development of the roads and other ancillary features.
11. Explain the purpose of the proposed work: The purpose of the proposed construction is
to provide road access to a portion of the site that is otherwise inaccessible from the
main entrance along Westmoreland.
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. Jurisdictional areas were verified by the USACE in January 2006
(USACOE Action ID 2006-30088 dated January 17, 2006).
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.
No future impacts are planned or anticipated.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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: One impact to pipe approximately
146 linear feet of stream channel to construct a road crossint* with rip rap.
Updated 11/1/2005
Page 7 of 13
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
,.:fnnrntt-ly list ininncts cane to hoth structure and floodim,.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain

( es/no) Distance to
Nearest

Stream
(linear feet) Area of
Impact

(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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 he included- To calculate acreage. multiDly leneth X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
S-1 Ut to Dlcuo%%c? Creek 60" RCP Culvert I 15.6 122 0.0437
S-2 Ut to McDo%%ell Creek Rip Rap (Class I) I 15.6 24 0.0086

Total Stream Impact (by length and acreage) 146 0.0523
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredt?ina. flooding. drainage. bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) l?a r.mc ofWaterbody
(it applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 13
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.052
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.052
Total Stream Impact (linear feet): 116
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Pond Creation - Not Applicable
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.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
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. The site layout was designed
in a manner to reduce impacts to streams. Due to constraints of the property boundaries, a
culverted stream crossinf* is necessary to provide road access to a portion of the site that is
otherwise inaccessible. Minimization efforts included numerous meetings with land
planners, civil engineers and representatives of the Mecklenburs: County Plannig9
Department to eliminate a second stream crossing that was originally planned. BMPs are
to be maintained in order to reduce impacts to jurisdictional areas during the construction
phase of the project.
Updated 11/1/2005
Page 9 of 13
VIII. 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 January 15, 2002, 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 NCEEP 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.ne.us/ncwetlands/striliRide.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.
Not Applicable
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp:Hli2o.eilr.stite.iic.us/w!p/in(lex.litiii. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Updated 11/1/2005
Page 10 of 13
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Euvironmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 ?
3. 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 tile DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", 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.
I Zone* Impact Multiplier Required
(square feet) Mitigation
I I I 13 (2 for Catawba)
2 1.5
Total
Zone I extends out 30 feet perpendicular Flom the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enha ncement, or Payment into the
urdatcd 11/1/2005
Page I I of 13
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Not Applicable
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.
Sanitary sewer lines from the proposed houses will connect to the Mecklenburg County
municipal sanitary sewer system.
XIIL 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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).
Updated 11/1/2005
Page 12 of 13
Cwt-" October 13, 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13

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200(.;,
U.S. AR_1NIY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200630088 County: Mecklenburg U.S.G.S. Quad: Lake Norman South
NOTIFICATION OF.IURISDICTIONAL DETERMINATION
Property Owner/Agent: Goldberg Companies, Inc. / Attn: Peter Nintcheff
Address: Signature Square 11, Suite 300, 25101 Chagrin Blvd.
Beachwood , 011 44122
Telephone No.: 216-831-6100
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Westmoreland [toad, on the cast side of 1-77, in Cornelius, Mecklenburg County, North Carolina.
Indicate Which of the Following Apply:
Based on prefi ninary information, there may be stream channels on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction.
To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels on the above described property subject to the permit requirements of Section 404 of
the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the stream channels 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 wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final,
any delineation must be verified by the Corps.
X The steam channels on your property have been delineated and the delineation has been verified by the
Corps. ' :'e strong'y -.ugge,t you lnavt this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Cops. 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 stream channels 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 our 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.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: Site visit conducted on November 16, 2005.
Corps Regulatory Official:
Date January 17, 2006 G.- iration Date January 17, 2011
Page I of 2
o ?r
LENFt- VVA ER QUALITY
W,U,ttDSAtiDST0MV;ATE+Zlrif D'

Action Id. 200630088
Placement of dredged or till material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 231.
Basis For Determination: The site contains stream channels with indicators of ordinary high water marks. The
stream channel on the property is an untamed tributary to McDowell Creek, which flows into the Catawba River
and ultimately flows to the Atlantic Ocean through the Santce-Cooper River in South Carolina.
Corps Regulatory Official (Initial): FOR OFFICE USE ONLY.
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form,
CF: ECS, Ltd. Attn: Stephen Brown, 8702 Red Oak Blvd., Suite A, Charlotte, NC 28217
C}avidson a"
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