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HomeMy WebLinkAbout20021410 Ver 2_401 Application_20070124LEONARD S. RINDNER PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning (704) 904-2277 January 20, 2007 Ms. Cyndi Karoly Division of Water Quality -NCDENR 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Mr. Steve Chapin US Army Corps of Engineers -Reg. Field Office 151 Patton Avenue -Room 208 Asheville, NC 28801 - 5006 Mr. Alan Johnson NCDENR -Division of Water Quality 610 East Center Street, Suite 301 Mooresville, NC 28115 -, , ... ~ WET1APiDSAtr STORt WA EIRBRANCH Re• Berewick, Charlotte, Mecklenburg County, North Carolina Dear Madame and Sirs: On behalf of my client, Mr. Marty Davis of Dixie River Land Company, I am requesting a re-authorization of the previously issued permits for projects at Berewick. The Nationwide Permits that require re-authorization and modifications include Berewick Town Center, Dixie River Road, and Berewick Commons Parkway. Two other projects, Rock Island Road Residential Community and Berewick Residential Community do not require modifications. The modifications and re-authorization are necessary as the result of a major change in the original proposed alignment of Dixie River Road by the City of Charlotte which affected the overall land plan for Berewick. The developer has made huge investments and fmancial commitments in the planning and the development of this site. Therefore the plans for the overall Berewick project have necessitated modifications to coordinate with the new alignment of Dixie River Road and since the plans have changed a modification and re-authorization of the previously issued Nationwide Permits are necessary. Because of the complexity of the issue and the tremendous financial investments and commitments already made by the developer, the modifications to all of these projects (except Rock Island Road and Berewick Residential Community) involve the re- allocation of previously permitted impacts and previously paid mitigation to the NCEEP between the projects identified above. 1 Important Notes A) The proposed impacts for each individual project stated above do not exceed the Nationwide Permit thresholds for any individual project. B) The overall quantity of impacts and mitigation requirements remain the same. The impacts are generally in the same location. C) Mitigation fees for the impacts have already been paid and utilized by the NCEEP. D) Based on a review of this complex situation with Amanda Jones of the USACE, Steve Chapin of the USACE, and Cyndi Karoly of the NCDENR on June 15, 2006, the modifications and re-allocation of previously permitted and mitigated impacts have been developed to not involve additional stream and wetland impacts. The attached table demonstrates the changes between the originally permitted impacts to streams and wetlands versus the proposed modifications. This is followed by detailed maps to review these changes in more detail, if necessary. As required, new applications have been attached with application fees for each project requiring a modification. Please contact me if you have any questions or require additional explanation. Thank you for your consideration. Sincer~fy}: ~' ..r`~ ~F,• _ . •~ ... ,y ,,.,....,.,.. r onard S. Rindner, PWS ~` Environmental Planning Consultant Professional Wetland Scientist Sus~ested Text Modifications to 401 Water Quality Certifications Berewick Town Center -DWQ #OS-0064 First Paragraph Dear Mr. Davis You have our approval, in accordance with the attached conditions and those listed below, to place permanent fill in 0.22 acre of jurisdictional wetlands, 1,064 linear feet of intermittent unimportant streams, and 270 feet of perennial (115') and intermittent streams (155') requiring mitigation in order to construct the Berewick Town Center in Mecklenburg county, as described in your application received by the Division of Water Quality (DWQ) on January 12, 2005, revised January 22, 2007. After reviewing your application, we have determined that these wetland and stream impacts are covered by General Water Quality Certification Number 3402, which can be viewed on our website at htt~//h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued to you by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state of local permits before proceeding with your project, including those required by (but not limited to) Sedunent and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. 1. We understand that you have chosen to contribute to the North Carolina Ecosystem Enhancement Program (NCEEP) in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the NCEEP receives and clears your check (made payable to: NCEEP) stream impacts, (including fill) shall not occur. You have one month from the date of this Certification to make this payment. For accounting purposes, this certification authorizes the fill of 270 linear feet of perennial streams in the Catawba River Basin, Cataloging Unit 03050101, and 270 feet of stream mitigation is required. Based on a review of the application and support documentation submitted by the applicant the mitigation requirement has been met by a payment to the NCEEP. Item 4 "All development in the Berewick project as described in your application plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as administered by the City of Charlotte. The total land area of the Berewick development is approximately 794.5 acres. In addition to the removal of 85% TSS from runoff for all single family residential areas having greater than 20% impervious cover in the Critical Area and 24% in the Protected Area and all additional non-residential development, except that no more than 5% of the total allowable impervious cover will be allowed be released at less than 85% TSS removal efficiency over the entire project. The 85%TSS removal efficiency shall be achieved by the use of storm water management practices designed according to the latest version of the NCDENR Storm water Best Management Practices manual. For the aggregate total of the maximum "allowable impervious cover" in the Berewick development (465.4 acres), no more than 23.2 acres of impervious cover (5% of the maximum allowable impervious area) within the overall Berewick development may be permitted without BMP's sufficient to provide 85% TSS removal efficiency. Untreated areas will generally be located in low density portions of the development or within drainage locations where it is impractical to route runoff to planned BMP locations and generally at project edges adjacent to undisturbed areas and buffers. Runoff from all commercial, institutional, multi-family, and other land uses with parking lots will be treated unless approved due to impractical circumstances. All drainage discharges will, at a minimum, provide velocity dissipation so as to release runoff at non-erosive velocities. A tabulation of impervious cover in the Berewick development shall be submitted with every request for individual development or sub-area of development, clearly indicating the amount of impervious area cover proposed within the specific project and the cumulative impervious cover for the entire Berewick development, including a breakdown and tabulation of impervious area receiving less than 85% TSS removal treatment. Any changes or land additions to the Berewick development will be subject to these aforementioned conditions in regard to storm water treatment and maximum allowable untreated impervious cover ratios." Berwick Commons Parkway - DWQ #03-0243 First Paragraph Dear Mr. Davis: You have our approval, in accordance with the attached conditions, to place permanent fill in 125 linear feet of perennial streams in order to construct one crossing associated with the Berewick Commons Parkway in Mecklenburg County, as described in your application received by the Division of Water Quality on January 22, 2007. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3404. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state, or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed. regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on December 11, 2003. Item 1. 1. We understand that you have chosen to contribute to the North Carolina Ecosystem Enhancement Program (NCEEP) in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and I SA NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under ISA NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the NCEEP receives and clears your check (made payable to: NCEEP) stream impacts, (including fill) shall not occur. You have one month from the date of this Certification to make this payment. For accounting purposes, this certification authorizes the fill of 125 linear feet of perennial streams in the Catawba River Basin, Cataloging Unit 03050101, and 1251inear feet of stream mitigation is required. Based on a review of the application and suuuort documentation submitted by the applicant the mitigation requirement has been met by a navment to the NCEEP. Item 2. "All development in the Berewick project as described in your application plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as administered by the City of Charlotte. The total land area of the Berewick development is approximately 794.5 acres. In addition to the removal of 85%TSS from runoff for all single family residential areas having greater than 20% impervious cover in the Critical Area and 24% in the Protected Area and all additional non-residential development, except that no more than 5% of the total allowable impervious cover will be allowed be released at less than 85% TSS removal efficiency over the entire project. The 85% TSS removal efficiency shall be achieved by the use of storm water management practices designed according to the latest version of the NCDENR Storm water Best Management Practices manual. For the aggregate total of the maximum "allowable impervious cover" in the Berewick development (465.4 acres), no more than 23.2 acres of impervious cover (5% of the maximum allowable impervious area) within the overall Berewick development may be permitted without BMP's sufficient to provide 85% TSS removal efficiency. Untreated areas will generally be located in low density portions of the development or within drainage locations where it is impractical to route runoff to planned BMP locations and generally at project edges adjacent to undisturbed areas and buffers. Runoff from all commercial, institutional, multi-family, and other land uses with parking lots will be treated unless approved due to impractical circumstances. All drainage discharges will, at a minimum, provide velocity dissipation so as to release runoff at non-erosive velocities. A tabulation of impervious cover in the Berewick development shall be submitted with every request for individual development or sub-area of development, clearly indicating the amount of impervious area cover proposed within the specific project and the cumulative impervious cover for the entire Berewick development, including a breakdown and tabulation of impervious area receiving less than 85% TSS removal treatment. Any changes or land additions to the Berewick development will be subject to these aforementioned conditions in regard to storm water treatment and maximum allowable untreated impervious cover ratios." Dixie River Road - DWQ #02-1410 First Paragraph Dear Mr. Davis, You have our approval, in accordance with the attached conditions to place fill in 236 linear feet of perennial streams and 1501inear feet of intermittent streams in order to construct the Dixie River Road thoroughfare through the Berewick development in Mecklenburg County, as described in you application received by the Division of Water Quality on January 20, 2007. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion. Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on November 14, 2004. Item 1 "All development in the Berewick project as described in your application plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as administered by the City of Charlotte. The total land area of the Berewick development is approximately 794.5 acres. In addition to the removal of 85%TSS from runoff for all single family residential areas having greater than 20% impervious cover in the Critical Area and 24% in the Protected Area and all additional non-residential development, except that no more than 5% of the total allowable impervious cover will be allowed be released at less than 85% TSS removal efficiency over the entire project. The 85% TSS removal efficiency shall be achieved by the use of storm water management practices designed according to the latest version of the NCDENR Storm water Best Management Practices manual. For. the aggregate total of the maximum "allowable impervious cover" in the Berewick development (465.4 acres), no more than 23.2 acres of impervious cover (5% of the maximum allowable impervious area) within the overall Berewick development may be permitted without BMP's sufficient to provide 85% TSS removal. efficiency. Untreated areas will generally be located in low density portions of the development or within drainage locations where it is impractical to route runoff to planned BMP locations and generally at project edges adjacent to undisturbed areas and buffers. Runoff from all commercial, institutional, multi-family, and other land uses with parking lots will be treated unless approved due to impractical circumstances. All drainage discharges will, at a minimum, provide velocity dissipation so as to release runoff at non-erosive velocities. A tabulation of impervious cover in the Berewick development shall be submitted with every request for individual development or sub-area of development, clearly indicating the amount of impervious area cover proposed within the specific project and the cumulative impervious cover for the entire Berewick development, including a breakdown and tabulation of impervious area receiving less than 85% TSS removal treatment. Any changes or land additions to the Berewick development will be subject to these aforementioned conditions in regard to storm water treatment and maximum allowable untreated impervious cover ratios." 2. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives and clears your check (made payable to: DENR-Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning the Wetland Restoration Program. You have one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 236 linear feet of stream mitigation are required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impacts to the nearest linear foot and wetland impacts to the nearest quarter acre (15 A NCAC 2R .0503(b)." This payment to the Wetland Restoration Program was made and a receipt was provided to Mr. Leonard Rindner on November 29, 2002. 3. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, water and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. 4. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. Susgested Text Modifications to Action Id. 200231321- Dixie Rover Road Action ID. 200231321 County: Mecklenburg GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Dixie River Land Company, Attn: Mr. Marty Davis Dixie River Land Company 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Dixie River Road -Thoroughfare segment Through Berewick Development Description of Activity: Construct a major public roadway through the Berewick Development as depicted on the "Thoroughfaze Plan for Mecklenburg County." As part of the roadway construction, it will be necessary to install a culverted crossing of an intermittent stream determined to have unimportant aquatic value (unnamed tributaries to Beaverdam Creek and Lake Wylie.) As a result of the crossings, a total of 386 LF of stream channel will be impacted. Compensatory mitigation requirements have been met based upon the receipt of payment from the N.C. Ecosystem Enhancement Program in the amount necessary to restore 236 linear feet of stream channel. This permit is an extension of the previous authorization dated Apri123, 2005. ALL WORK MUST BE DONE IN ACCORDANCE WITH SUBMITTED PLANS. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) Authorization: 14. Nationwide Permit number Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block is checked) before beginning work you must also receive a Section 401 Water Quality Certification from the NC Department of Environment and Natural Resources, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work, you must contact the NC Division of Coastal Management, telephone (919) 733-2293. Please read and cazefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regazding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Crops Regulatory Official specified below, Date: January 22, 2007 Corps Regulatory Official: Steve Chapin Telephone No. (828) 271-7980 x 224 Expiration Date of Verification: March 18, 2007 Suggested Text Modifications to Action Id. 200531044 -Berewick Town Center Action ID 200531044 County: Mecklenburg USGS Quad: Charlotte West GENERAL PERMIT REGIONAL AND NATIONWIDE VERIFICATION Property Owner: Dixie River Land Company, Attn: Mr. Marty Davis Dixie River Land Company 6000 Fairview Road, Suite 125 Chazlotte, NC 28210 Telephone No: Size and location of property (water body, road name/number, town, etc.): The proposed Berewick Town Center is located on the north and south side of Dixie River Road, adjacent to Berewick Commons Parkway, in Charlotte, Mecklenburg County, North Carolina. Description of projects azea and activity: This permit authorizes the installation of culverts and placement of fill associated with the construction of residential and commercial development known as Berewick Town Center. Permanent impacts to waters of the U.S. authorized by this permit are 1,064 linear feet of intermittent (unimportant) stream channel, 270 lineaz feet of perennial and important intermittent stream channel, and 0.22 acre of wetlands. Compensatory mitigation requirements have been met based upon the receipt of payment from the NCEEP in the amount necessary to restore 270 linear feet of stream channel. This permit is an extension of the previous authorization dated July 5, 2005. Applicable Law: _Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) _Section 10 (River and Hazbors Act of 1899) Authorization: NW 14 Nationwide Permit Number Special Conditions Additional Mitigation Requirements: 1. To provide compensatory mitigation for the proposed impacts, the permittee will preserve approximately 2,655 linear feet of stream channel and adjacent 35-foot riparian buffer on the property. The conservation/mitigation azeas as shown on the attached plans are to remain in their natural state in perpetuity. No person or entity shall perform any of the following activities in the conservation area: 1. fill, grade, excavate or perform any other land disturbing activities 2. cut, mow, burn, remove, or harm any vegetation 3. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures 4. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area 5. dump or store soil, trash, or other waste 6. graze or water animals, or use for any agricultural or horticultural purpose Any covenants recorded in order to satisfy this section must include the above restrictions and the following language: "This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water Act authorization issued by the United States of America, U.S. Army Corps of Engineers, Wilmington District, Action ID 200531044, and therefore may be enforced by the United States of America. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it. 2. Permittee shall execute and cause to be recorded in the Mecklenburg County Register of Deeds, restrictive covenants acceptable to the Corps of Engineers for the purpose of maintaining the streams and riparian buffer areas (conservation areas), as shown on the submitted site plans, prepared by LandDesign. "The permittee will record restrictive covenants for the purpose of maintaining the mitigation areas in their natural state in perpetuity, acceptable to the Corps of Engineers, prior to the sale or conveyance of any lots or other property within the subdivision. Permittee shall provide a copy of the recorded covenants and plat to the Corps of Engineers within thirty days of recordation. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorizations: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828- 271 7980 x2241. Corps Regulatory Official: Steve Chapin Date: January 22, 2007 Expiration Date of Verification: March 18, 2007 Su~~ested Tezt Modifications to Action Id. 200330597 -Berewick Commons Parkway Action Id. 200330597 County: Mecklenburg Quad: Chazlotte West GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Dixie River Land Company, Attn: Mr. Marty Davis Dixie River Land Company 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Zone: 44 UTM or LAT/LONG: North: 3891567 East: 498277 Size and Location of project (water body, road name/number, town, etc.): The proposed thoroughfaze will connect Shopton Road West and Dixie River Road, in Charlotte, Mecklenburg County, North Carolina. Description of Activity: This permit authorizes the construction of a thoroughfare known as Berewick Commons Parkway. Impacts to stream channels authorized by this permit aze 125 linear feet. Compensatory mitigation requirements have been met based upon the receipt of payment from the N.C. Ecosystem Enhancement Program in the amount necessary to restore 125 lineaz feet of stream channel. This permit is an extension of the previous authorization dated Apri123, 2005. Applicable Law: _Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) _Section 10 (River and Hazbors Act of 1899) Authorization: NW 14 Nationwide Permit Number Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or N WP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: January 22, 2007 Corps Regulatory Official: Steve Chapin Expiration Date of Verification: March 18, 2007 Telephone No: (828) 271-7980 X 224 raaif,~,+,r ~r}I~ +Y`.~~r .'_{{-.+. 3Z 7 S. 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I,'r ~1 a ~. t• ~5 ' iy t _ _ f _ ~ I _ • ~ ~5" ~' ~ ~ - .al ~ ~ ' BEREWICK RESIDENTIAL ~ - sr ~ I . ,n _~ > . _ - _ 1jf J/p,I-gip r ~ -~ A - ., I ,ti ~ - ~ -I +2.. :. ~ r~ ~ ' '~. -s5 .. --4 „~ 050..E .. ,~,, , ` r USGS TOPO MAP USGS Charlotte West (NC) Quadrangle Date: I l 19/07 BEREWICK sale: Iv.T.s. WETLANDS EXHIBIT La11C~~ES1~C1® Project #: 1006084 273 N GN+m Salt Chrlom~. NC 261@ V: 7013737)375 F. 76/33iRK Sheet #: ......wao.y~~ EX - 1.2 OVERALL TOPO { ~ ~ ,, ~ ~ m.z. ~,, , ; a~ ~ ~ Ill ~ ~ ~ ~ ~ ~ ', ~ 7C ~ ~: a ~ 1 '_ _ ~ -' ~ ~ Q ~ h -~ ~ m ~ k` y~-~ Ali ~~ ~ 1~ ; 1r„ ~~ ~ e m ~ ~ ~ ~ Z, ~ a _ ~,~ , v ~ ~ ~ ~' F '~~ f ' ., r: .--r-,- - ~, ~~~ ~ ~ ~~ -~E~J~~J~ •; '> ~<za n I ~"~ r F r ~ > ~~ ~, ~,; - ~o 7 i 7~ ~ ~ ~ ~ ~~ w C ~ ~ ,..,~ - v ~ ~ { d ~ ~ ,~ - ~ "a O ~~~ I ' ~., ~ ~ ~ f fj~ ~ ~~ ~r ~ l d F j$ r- Z ~~ A n. ~ ~ ~ ~ fir''' ~ ~ ~' ~ ~ ~ I ~ ~ ~ r ~ ~~ ~ ~ q . ,~ Ii._ ,,~ ~ ,~ , ., ~ ~~ '~ , 1 ,~ y L t ~ D ~ ~~ ~ ~ 'C , ,~ ~ ,~~ .,-~~:~ ,~_ r ~ ~~~: ~~.~ ~~ ,-; ~ ~,~ D Ill raj ~irG" ~ 7~C ~ 7.,....a ^ ~ ~~ , ~, (}m,)[ bps ~ > ~ ` ~ ' ~. '~ i + -~ ~ `~ ~~ , Y r + r.w• O p ~ • ~ ~ (' ~ °-~= th-~ ,~ 41 ~ \ ~, i` +s ~ - v ~ 3 ~ ~ O p iD L~ ~~ S emu, 4 ~ ~' r Y ~ ~ O ~`' ~ ~ ~s ~ ,~ g ~~~ ~ ~ Drn~ ~ o ~ ~ ~ a 0 ~ 0~ ~s ~ ~~ ~ f x ~~ -< _ ~ ~ ~ ~~_ rn~ ~ g ~ ~ ~fl ~ ~ e ~ -. i ~~ Date: (/19/07 BEREWICK Sale: I•= Iooo~ WETLANDS EXHIBIT La~e'S7~11® Project #: 1006084 273 N GtNrn Saa Ch•iw4 NC 78102 Sheet #: v: ra~ np2~~~ra33z3:u EX I.3 PERMIT SUMMARY MAP Stream e___-.~..~_ '0.21 AC W 6EREWICK RESIENTIAL USCOE 200230598 DWO 03-0249 ~ ~~~ ~~~~~ (NO CHANGES ANTICIPATED) B ' 39 ' 135 LF Stream ~ * _.... r.... ... __.... g 3g ..124 LF Stream (As-Built) !BERWICK COMMONS PARKWAY _-_ ~__..~..-. _ .... _~__ ... C _ µ .... 14 _ _ ;109 LF Stream °* . ~~.. . .~ _- C 14 '125 LF Stream... _....... .,, . iUSCOE 200330597 _ _._ .__.- s __ _....... _ ..._ -, _.... _ ._ ~ . ___~ _ ... . _ .. ..-... .. __._.w - _.._ _ _..... jDWO 03-0243 _ .._. D i . . 14 _ . __ ~ _ _ 1171 LF Stream '* D .ELIMINATED ROAD CROSSING NEW DIXIE RIVER ROAD E 14 `0.2 AC Wetlands" E 'SEE BEREWICK TOWN CENTER ~USCOE 200231321 ( ~ -_ _-_ __.._- ~_. _._.-._, r...._ ;DWO 02-1410 _.._.... ~ F 14 ___. , __~. `125 LF Stream F ELIMINATED _._..__ ___._- .. _.. ._. _._ _ _ ~_ .G__., ~_ __ 14 150 LF___._._ Stream * .~.~ G s_. -~. _... 14 150 LF Intermittent Stream _ _.. H ~ 14 ~ .. j... ' 100 LF Stream ~ * _ H ~... t _ _ _.. 14 236 LF Stream " ;BEREWICK TOWN CENTER ! _.._._ E 39 '0.20 AC Wetlands USCOE 200531044 ~ _. -. ~DWQ 05-0064 _.___ _ .. _m......~ __ ~_ I ~ _ . ,__ 39 `115 LF Stream ,_ I 39 115 LF Stream .. . , I J ~ 39 230 LF ~ J 39 230 LF ~ ___~_.~._ s~...... .._. ..~......, µ ~.....__._.__..~.._...~__._w_...__,,_..._ ...~. _._...._._.__.. __..~.._.__ Intermittent Stream Intermittent Stream .._ _..._ _ _. _ .. _ 0 02 AC Wetlands 0 02 AC Wetlands _... _........._ _...... K _ 39 _..j_ 834 LF..._.. ~ _..... K ' ...... 39..... 834 LF .,~._.._..._ ... ......_,...._~ ' Intermlttent Stream ~ Intermittent Stream L 39 155 LF Intermttent ; _._. _.. .. _ {.. i Stream _._ ., ..._ _._.;._ -....,.~.. ...,,. _ ,, Total Stream Impacts __..~. + 2,569 Lf "'Streams Requiring Mitigation . ± 790 LF . ..........(paid to NCEEP) Intermittent Stream Impacts - + 1 664 LF _..._ Perennial Stream Not ' €± 115 Reqwnng Mitigation ;Wetlands Impacts !+ 0.43 AC Date: I / 19107 Scale: N.T.S. Project #: 1006084 Sheet #: EX 1.4 BEREWICK WETLANDS EXHIBIT PERMIT SUMMARY CHART Total Stream Impacts Required ± 2,569 LF LanldDesign 113 N GMYn Sant Chrtbt> NG 1H301 V: 70/333A375 F. 7013313N6 w.~+.i.~en..~~n ~~~ ~o O n ~ ~ ~ ~ , m ~...,~ rn rn -` a "~-'`'' t ~ -- y } ~ °~ ~t ° ~ ~ ~ ~.< <_ , `~ .. ~ l~f _ 7C ~ ~ ~: VJ ~ Q '.,.~~~. ,f ~~ ~ 1~ _, "'~ ~ ~ f i.L~ ~. 7 ~ ~ ~~i.. ~ ,~ • ~ Z m -~~ ~ ~ 1 ,~ 1 -~. -rz- _ r ~ ~~;~ ~~ ~;~*`~- ,. rn ~ Sao ~_ ~ _. ~~ c; ~ ,. ,_` 'ate ~ , .,;f ~ '- r `., ~ ~ ,. e. Z ~ 74 1~ h (I i c f., ~ ~ .~, ", d .,, ~ ,~ ~ ~ ~~~ ~ ~ `~ ~ ~ a~ ~ --~', h l ~/~ , ~~~ ~ ~~ ~ ~ ~ ~ a e a -t- o ~ ~ ~ ~ ~~~ ~,,, ~ , ~. ~ ;, ~ ~~ ~ ~ a ~ ~ . '~'~ r ,, , ~ ~ ~ .~ < ~ f ~.~ ~~ { f ~~" '.-~~%1i.~~ 7 / ti ~ l ~~ ill i L ~n7p. u- ~ ~ ~ ~~ 7C W ~_~ C `- ~, '~ ~ ~ d ~ / ~ , . ~~~p t r . ~ ~,~~, ~ ~ 1E r Y -~} _ , ~~ ' '~ ` z `' ~~'- ~ ~~ ~- E ~,:, r, 1 3' ~ r -~ n ~~ O( ~~~ ~ ~~ t ~. ~ ~ '~ ." ~ .r.. _~/ ,. ~ ~ g/~ Date: 01/19/07 BEREWICK scale: i•=1oo0~ WETLANDS EXHIBIT L Project #: 1006084 173 N GNum Saw[ Chvlom5 NC 161@ Sheet #. V: 7My33A315 F. 76/3373516 ww~. dDskimn EX I.5 PROPOSED PERMIT SUMMARY MAP ROCK ISLAND A USCOE 200230643 '.DWQ 02-0382 ._. _ (NO CHANGES ANTICIPATED) BEREWICK RESIENTIAL B ,~....~.__~wa.._ . _ ~__~.... .~._~ .. _~.~_ ..._~. IUSCOE 200230598 DWQ~M03-0249 _ _ .__... ,(NO CHANGES ANTICIPATED) 39 600 LF Intermittent .......~ ~.~_ _.m............ Stream (As-Built) __ _ 0.21 AC Wetlands (As-Built) 39 ' 124 LF Stream (As-Built) 'BERWICK COMMONS PARKWAY ....~ ..__.._~~.. _._...... _~......~ _ _ .. _ C 14 ``125 LF Stream USCOE 200330597 ._... ~ _ ....w.... __~...~...... ...._.~~ ... ...........___.... _... :DWQ 03-0243 ...........__. _. D Not Used , 'NEW DIXIE RIVER ROAD F Not Used USCOE 200231321 _.._......._~._.... ._. ~_. _____...~ ...._......_. ..._._..... __.m..... _~__.._ ..~..~._._ __.._...._ ;DWQ 02-1410.......... ___ _ __ G . __ _ ..-- 14 __ _a _._ . _ __.... _ . _ __ 150 Lf= Intermittent Stream H 14._.__ _..._.. _ * -:.236 LF Stream , BEREW ICK TOW N CENTER . ,~ E 39 0.20 AC Wetlands . __.,.~.._._._._~..,.~..._...__.._~__m.~___.~. ~..~_._v _ USCOE 200531044 . _ _.___.~~_.~.~....._......~.._ ^_~.._.__._~._..___._....~m.~... 'DWQ 05 0064 __~ ~ d_ _. ,__...~.......,_.~.__~_ .._.._~~. . ,,~ ~ I _ _39 .. nme._.. ~~ _.~~~ _~e~m. ,~.wvaW ~. 115 ~LF Stream i . . .-__.__. ._.__.M.__ ..V. .._.~ _..... ,.~__.r_ . ._._.._ ........~~ .. _..~.._ __ . ..........~..~._ .._ ......... __.__ .._..____ ~ ...._.._ .__ ~.~. _ 39 i 230 LF... ~.._. __._.. _..v _. _ ______ .....__ ... _~.~. _.._ _.. _.._.. _._._._. _. W._.~ . _. _. .... .____ ._..~_.. _ . .... ~_.__ ....__.__ ._w~..., _.~.~__.. Intermittent Stream _.. _...~. . . _..._.__ _ _~....~ __.._ . ... __ ___v...v_ . ~__._. 0.02 A C Wetlands ........_ .._.~ .... .........._ ~ ~...._. _.._...~. _. ...__.K ._...._. ._. _.....39.._ 834~~LF ....~.~ M.~.~..._ ...._.~,_ _.... .._ . . ~.... ~_.~ Intermittent Stream ~... ~ w.~.__~ _.~ __ v _ ___ . _,_..,_ ...___... ,... _ ~..._... ._....~ ........ ___.... .. __ L , __... .,~.._v._~ 39 j , _.__.~__.____.__ _.~_...._. ___..,.___ ..._____ 155 LF Intermittent * Stream ...._~. ~ ...._ Totals Date: (/19/07 BEREWICK sale: N.T.s. WETLANDS EXHIBIT Lagrl Project #: 1006084 277 N GrYrn Sort Chrbtu. NC ]lWl sheet #' V: ~ou73AR5 F. 2a33772N EX 1.6 PERMIT SUMMARY CHART -PROPOSED NWN11n°°"'°'m" Berewick Town Center Charlotte, North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared For: Mr. Marty Davis Dixie River Land Company 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Prepared By: LandDesign, Inc. 223 North Graham Street Charlotte, NC 28202 704-333-0325 Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704)904-2277 *Subject to verification by the USACE and NCDWQ Original Submittal Date :1/2005 REVISED :January 22, 2007 n,...,, i ,.r i i Office Use Only' Form Version May 2002 USACE Action ID No. DWQ No. D 5- 0 0 l0 4 Y a (If any particular item is not appticab-e to tms project, please enter -ivoi Hppucaoie yr i~ir~ .~ I. Processing ~~ i ;,t 1. Check all of the approval(s) requested for this project: R~_~~~UE~ X Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from 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: See Mitigation Section for explanation -mitigation for proposed Berewick Towncenter has been paid to the NCEEP. 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: ^ w~~ II. Applicant Information ~.~ ~ ~'~,; ~ `~ ~~ it 1. Owner/Applicant Information ~ . ` ~_ ~? Name: Mr. Marty Davis .~n •nP ^0!,~~^.1i4'l Dixie River Land Company ~ ~ `~ ` „ . ~• 6000 Fairview Road, Suite 125 l~~T?.r~ "~" 'J51u"""V~s~~`~~~NCI~ Charlotte, NC 28210 Telephone Number: 704-716-3900 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: Leonard S Rindner PWS -Environmental Planning Consultant Mailing Address: 3714 Spokeshave Lane Matthews NC 28105 Telephone Number: 704-904-2277 Fax Number: 704-847-0185 E-mail Address: lrindner(a~carolina rr com n.._.. ~ ,.r i , 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: Berewick TownCenter, 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Mecklenbur County Nearest Town: Charlotte Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): see attached location man 5. Site coordinates, if available (UTM or LatlLong):35.1694 N, 80.9784W -Charlotte West Ouad(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): +/- 330 acres 7. Neazest body of water (stream/river/soundlocean/lake): Tributaries of Lake Wylie 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 http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: former agricultural land and wooded areas; Describe the overall project in detail, including the type of equipment to be used: Mixed use commercial, business, and residential project. n.,..,, ~ „r i i Explain the purpose of the proposed work: Development of commercial, business, and residential project. The project is bein dg_ eveloped in accordance with the City of Charlotte Dixie-Berryhill Land Use Plan. 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.LP. project, along with construction schedules. Berewick is a proposed commercial, business, and residential village that is part of the City of Charlotte's Dixie-Berryhiii Land Use Plan. The site and project is closely related to growth patterns and completion of a large segment of I-485 and the airport expansion. Project development and environmental planning has been carefullx developed with the City of Charlotte. The wetland delineation was verified by the USACE (Steve Chapin) with additional verification conducted by Amanda Jones. Meetings were held with the USACE and the NCDENR on March 16, March 23, Aril 16, May 18, 2004 to review the development of the proposed project. A meeting was held with Mike Parker of NCDENR-MRO on June 22, 2004 to review mitigation requirements for proposed stream impacts. Other permits that have been issued in the vicinity of this project include Berewick Commons Parkway (200330597-DW003-0243), Dixie River Road (200231321 DW002-1410 Important Note As the result of changes to the alignment of Dixie River Road by the City of Charlott,~ the plans for the overall Berewick Proiect has been modified to coordinate with the new alignment of Dixie River Road. Therefore a modification to the issued Nationwide Permit is necessary. lip addition to Berewick Town Center, Dixie River Road and Berewick Commons Parkway have been affected 6v this change and also necessitate a modification to the Nationwide Permits issued for those aroiects. No chances are required to the already constructed Rock Island Road Residential Project or Berewick Residential Community. Because of the complexity of the issue and the huge financial investments and commitments made by the developer. the modifications to all of these projects (exceat Rock Island Road and Berewick Residential Community) involve the re-allocation of previously permitted impacts and Previously paid mitigation to the NCEEP for those projects. The proposed impacts for each individual project stated above does not exceed the Nationwide Permit thresholds for that individual Proiect. The overall quantity of impacts remain the same and mitigation remain the same. The actual linear footage of mitigatable stream impacts is actually less. For the Berewick projects. Mitigation for these impacts has already been paid and utilized by the NCEEP. Based on a review of the situation with Amanda Jones of the USACE, Steve Chapin of the USACE, and Cyndi Karoly of the NCDENR on June 15. 2006 agreed in principal with the modifications, however it was determined that no new linear footage or acreage impacts utilizing NWP #39 and/or #14 would be permitted with a Nationwide Permit anywhere on the projects associated with the above stated Projects. The modifications and re-allocation of previously permitted and ~,..~.. ~ ..r ~ , mitigated impacts have been developed to not involve additional NWP 39 or 14 stream and wetland impacts overall between the five praiects listed above. 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. Additional hermits are not anticipated -however if required they will be applied for appropriately -- VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream 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:**Impacts to streams to develop urban commercial and residential areas. Impacts are primarily limited unimportant intermittent streams These streams were also verified as not requiring mitigation per a meeting with Mike Parker on 6/22/04**. The original Action Id # is 200531044 and the DWQ # is 05-0064. 2. Individually list wetland impacts below: 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*** # J NWP #39 + 0.02 no < 150 feet PSS1A # E NWP #39 + 0.20 no < 150 feet PSS1A * List each impact separately and identify temporary impacts. Impacts include, but are not ttmtted to: mecnanizen ciearmg, graomg, nii, 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 (FIILM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.~ov. *** 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 (deternunation of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: +/- 3.5 Acres n..~., c ,.r i i Total area of wetland impact proposed: 0.22 Acres 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 hn act Perennial or Intermittent? leases eci ) J NWP#39 2301f UT +3' Int K NWP #39 8341f UT +4' Int I NWP #39 115 if UT +3' Perennial L NWP #39 155 if UT + 4' Imp. 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 lineaz 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.usQS.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.to~ozone.com, www.mapguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 1,334 - +/- 2701inear feet to perennial streams and important intermittent streams - +/- 1064 linear feet to intermittent (unimportant streams) Verified by Amanda Jones of USACE on March 16, 2004 and Mike Parker of NCDWQ on June 22, 2004. 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody lake, pond, estuary, sound, ( ba ,ocean, etc.) * List each impact separately and identify temporary impacts. Impacts mcluoe, but are not iim~tea ro: nn, excavanon, ureug,ng, flooding, drainage, bulkheads, etc. 4. 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 n...... c ,.r i i Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond local stormwater requirement, etc.) (e.g., livestock watering, irrigation, aesthetic, trout 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. Berewick TownCenter is a proposed commercial business and residential village that is part of the City of Charlotte's Dixie-Berryhill Land Use Plan The site and project is closely related to growth patterns and completion of a large segment of I-485 and the airport expansion. Protect development and environmental planning has been carefully developed with the Ctty of Charlotte Meetings were held with the USACE and the NCDENR on March 16, March 23, Apnl 16 May 18 to review the development schematics of the proposed project. Previous plans and concepts were presented as well as alternatives that were developed to avoid impacts to streams. These schematics demonstrated to need for mass grading large areas. The solution avoids streams within impracticable "canyons" of +/- 40 foot retaining walls. The plan was designed to avoid the perennial streams except for unavoidable road crossings and minimize impacts to those determined to be unimportant intermittent streams The overall plan required modification due to significant changes in the alignment of Dixie River Road -see Proiect History. Roadway intersections with Dixie River Road have been approved by Charlotte DOT. 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 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 n..~..~,.ri~ aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application .complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http•//h2o enr state nc.us/ncwetlands/strmgide.html. 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. Theperennial streams and large bottomland hardwood wetlands are preserved within locally required SWIM buffers as depicted on the attached plan The project is subject to strictly enforced stormwater management treatment requirements The proposed proiect avoids and minimizes impacts to perennial streams. 1. 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http-//h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): A total of 790 linear feet of mitigation was~aid for by the developer to the NCEEP for Berewick proiects (Berewick Commons Parkway (280 lf) Dixie Rover Road (375 lfl and Berewick Residential Community (135 lf) No miti ag t, ion payment was required for the original Berewick TownCenter Permit +/- 270 linear feet of previously paid mitigation is to be applied Berewick TownCenter. Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):- Amount ofNon-riparian wetland mitigation requested (acres Amount of Coastal wetland mitigation requested (acres):- n..,... o ..r i i IX. 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. * Zone Impact (s uare feet) Multiplier Required Miti ation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone L extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. n,.~..n,.rii XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The Stormwater Management Plan has been developed with the input of the NCDENR - Wetlands Unit. Ms. Cyndi Karoly has participated in the development of the plan and the regiorements as stated below. The City of Charlotte Engineering and Property Division have endorsed a Stormwater Water Management Concept Plan for Berewick. This plan will provide review/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the Stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. "All development in the Berewick project as described in the application plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as administered by the City of Charlotte. 'The total land area of the Berewick development is approximately 794.5 acres. In addition to the removal of 85% TSS from runoff for all single family residential areas having greater than 20% impervious cover in the Critical Area and 24% in the Protected Area and all additional non-residential development, except that no more than 5% of the total allowable impervious cover will be allowed be released at less than 85% TSS removal efficiency over the entire project. The 85% TSS removal efficiency shall be achieved by the use of storm water management practices designed according to the latest version of the NCDENR Storm water Best Management Practices manual. For the aggregate total of the maximum "allowable impervious cover" in the Berewick development (465.4 acres), no more than 23.2 acres of impervious cover (5% of the maximum allowable impervious area) within the overall Berewick development may be permitted without BMP's sufficient to provide 85% TSS removal efficiency. Untreated areas will generally be located in low density portions of the development or within drainage locations where it is impractical to route runoff to planned BMP locations and generally at project edges adjacent to undisturbed areas and buffers. Runoff from all commercial, institutional, multi-family, and other land uses with parking lots will be treated unless approved due to impractical circumstances. All drainage discharges will, at a minimum, provide velocity dissipation so as to release runoff at non-erosive velocities. A tabulation of impervious cover in the Berewick development shall be submitted with every request for individual development or sub-area of development, clearly indicating the amount of impervious area cover proposed within the specific project and the cumulative impervious cover for the entire Berewick development, including a breakdown and tabulation of impervious area receiving less than 85% TSS removal treatment. Any changes or land additions to the Berewick development will be subject to these aforementioned conditions in regard to storm water treatment and maximum allowable untreated impervious cover ratios." 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. Municipal System -Charlotte Mecklenburg Utilities XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No X Is this anafter-the-fact permit application? Yes ^ No X n...... i n „r i i XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list Fonstraints associated with construction or sequencing that may impose limits on work schedule~e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened;;Sp'recies, accessibility problems, or other issues outside of the applicant's control). F /J//~ ,r, , / / '~ ~Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) LEONARD S RINDNER, PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 9042277 Fag (704)847-0185 November 28, 2006 Mr. Marty Davis Pappas Properties, Inc 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Re: Berewick - Berewick Town Center Dear Marty, 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. ` ~f•~ •G~ 1 u~- Name and itle Date Please contact me if you have any questions or require additional explanation. Thank you. Sincerely, Leonard S. Rindner, PWS Environmental Planning Consultant Profession Wetland Scientist Qa ~+~ ,i ~ r'~ ~~/ Iset i ~L ! ...__,,,, ._,,, `' ;. _; e, s . ~° ~ ~~ 11 ~. \1354 l~ 1 1355 Ill6 1155 AZ MK C262 RM`, -l Date: 1119/07 BEREW I C K sale: rv.TS. WETLANDS EXHIBIT LaI1C1~.Sl~i1® Project #: 1006084 173 N GMYn SvMt CMbto, NC 76101 Sheet #. VN~707~3'7~36315 F. 70/337246 EX 4. I BEREWICK TOWN CENTER VICINITY MAP ~~ "~ ~ * ~! 1 1 ... + ~5 _ -.. R 1 1 ~ IVA-! 51"k ~1 `x4y 1-~ -~ ^:'-'/ it `r`~ ~ c3`ti ~"lf U, } ~ g I ~ }~~ _ ~+!,; ,.t r of r 1,1 ~ +! yy, `r•~;, e 5 j*~~ -t•`~ ~ •~ir7--~~+~ f ((+jj;~'~ ~^V ~-~~.I~~`t~ ~ti`!:_ ~~I,I ~ll I9;; ""%'y~.+.~ ~ ~~ r Y`~,r y ] j k ~\ ~ ~y ~ 5 11 k ~ 1 _'. C' ~ 1 S `rJ ~Q ~! ttm °.£~ t ~~s ~ ~ f. ,,~.5 YI I~ ~y ~ kyr4 'qua It at ,,,r r i`[111 ,~ -,,.,r'. • (~ '~ } ~~ 1 :~' ti L,..~'~f~S 1 'a r ~" ' `1 w~` 1 ~~ ~; r'r3I~ ~ Irf~ ~~'yy~ 1 S '. 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JI • `_ 1 l I s _. ~* USGS TOPO MAP USGS Charlotte West (NC) Quadrangle Date: II19I07 BEREWICK scale: ~v.T.s. WETLANDS EXHIBIT LIdYl~~Sl~l Project #: 1006084 213 N Grdvn SaMt Clvb®, NC ]6201 Sheet #: V~~e A37043313116 EX 4.2 BEREWICK TOWN CENTER TOPO i t w ~ ~ ~ ~ ~, ~Z ~ ~ .. v~ ~ _C1 !~ L~I"~ ~ ~,~~ ~,~~=~' /~ i;- ; ^ -^T" `~' _. Z ~ ~~_-- v 1 ,F. U m n ~~ '~ r ~ .~ ...~ G,. ~ ~ - f.,.. /„-~ 4 : f~ ~ t c~i j ~ p ~ ~I N ~y y'u,~ ,fit' a ~ ,( f ~ ~ ~-r ~}~ ~ D ~ c f/ rn n -~. ~ . , E._. - ~ ~_ ~,r y r ~ p j~-'~ ~ ~ 2i ~ -r -~ ~ `~ ~~~ ~? .~ _, _t.-~ .~~ ~: t . s ~ t~ ~;~,° ~~ ` ~ Z r r____ ~~ , , ~~ ,, r ,~ ~ ,~~ , ~~, ~ ~ ~~ _ ~r~i T t T.n ~ '1.:~ ~ ,~' ~ ~/ ~, ~ 9 n f~' T~ ~'/. ;~ ~ , ~ r ^ ~ ~ ~ ~~ .,t ~ ?~ '`. ,~, r~~f j~..; .,~~ ~,.. ~~ 7~~ t ! J.Z. ~ , , ~, „ `fir ~ .>., ~~ ^ ~ : - r , ,,. ~ _, .. ~ - - f .~'; - ~ ~ ^ ~ ~ / ,. l~ i i y. x ~~~ ~-:J ~ ~~ ,, ~~ ~E =k -.. 7 F r'° ~ `' ~, `, lam/ •N ,".4~w 5 r ~ ~ ~ ~ ~~ ~ ~ j ~` ~' '.~ ~` ~' o ~~~ ,.i ,~ ~ ~_ t ~ < c a y s / y` + - ~ ~'~~~~ l ~~ y ~ \ r ~''Z1 LT ~.. .~ '~~ +1 t', y ' ~~ ~ ~ ~•~~ ~~ ~u ~ ~~ . :.5 ~~\ , ~ . ,` \l /~ > ~IDrnlll ' ~~~~ 4~~Dp >~~ ~x~~~ ~' ~m~ ~~ ~ - ~~ ~ '~~ ~ t m g r~ ~~;,~ D f~ C d M a M ~ M/ ~' O ~ ~ N,:;~ ~ ~ ~ n~ ~ ~ ~ ~.` ~~~ ~~o ~ ~ ~ ' '" ' o ~~$ ~ ~ g ~ ~ ~ Date:0~~~s~07 BEREWICK scale: i•= iooo~ WETLANDS EXHIBIT L~~S]~Cl® Project #: ~ 006084 111 N Gr.lwn Svwt Clrrbm.. NC MOl sheet #: V: 70/733A335 F. ]OU37711~ EX 1.5 PROPOSED PERMIT SUMMARY MAP ~~~~ '~k ~' ~~ . ~. ~ r ~ ~ ~:~~. ~1 ~ ~;- ;",. ~ r r~ i 't" ~, i, r',w ~.~ ~~ ~ ~ ~~ i ~,,~ \ \ k ~~ ~ \ ~ ~< S r a ~~ ~c ~,, ~ ~ ~ ~ o ~~ ~ ~'~~ ~m ~ m^ ~ ~~ v ~t~~ ~~,, ~ ~ ~~ _ -- - . _ y -- ` ., ~. i ~ ~. -, .~ . . ~ ~ m -_ ~ _ ~'~~~ l ~ ~ ) 1 ;~ ~ ~ ~~ ~~~ _ _ i ~ ~.~ ~ ~ L~~ ~ \ - ~ ~ [~7j ~ _" ~ g 1 ., ,~ / " ~ ~. ~~} \S~ ,4~~. j ~`_~ ~ ~ ,,L,~A ` /~~~ V '"~'~ ~h ~~~"LLL 7 ~.~, ~ ~ ~' '+ ~.~±1~ tit ~~ ,~ , ~_ '~ s~ { ~~i ~ I ~ k~ ~_~~ 1 ,;~ ~ ~ ~,.. ;~ . I ~~~~ ~~ v i\ -~ ~~ Date: I / 19/07 Scale: I" = 600' Project #: BEREWICK Sheet #: EX 4.3 BEREWICK TOWN CENTER -OVERVIEW n..~r ~ / t'•, ~i `~ ~ ~ ~ ~ ~ ~ ?~~. y 1 i Cl ~L _ ~ ~, ~ ~ ~ F v- f, ' _ LandDesign 233 N GMOm Slwt Clsia4.. NC 78302 V: 704333.0375 F 7043321316 .,M,..i,~ao..b~..~ W M~~ , t ~~ ~ ~ f ~ ~ `~,: ~` ~ a . ~ ~ i ~ ~ ~ f E r ~ c ~ 'y ~ J ~ / c ~' ~ h . t , c- 4 , 1 ' r ` ~ R ' i ~ .1.r ~ ~ / ~ ~ _ ~ 1 (~ ~ ~ ~ ~ ~ ~ ~ G t l k L V ~ ( ~ • 1 ` ; f ` C t ` ` l ' l i '~ , [ ~ c- ~ l r, •~ ~, . ~ . k , ~; r E i ~~ , r f.~ , , ! ~ ,R~ i ~ ~ ~ ` 7 ` r ' ` , ~ .. ~~`' ~ ~ ~ .~tz,t `~ t '..~~ ;, . - ~ R ~.~ ;~ ~ 4Q( ,< ~ 17101 • . ~ ~ . , .., , e:, • ~ ~ti 1 e ` v ~ l 1 E l +l, ' Q/ i ~ , ~ ~~,. 4~~. C 1 b 1~ l~ 5' 1 , i ~r,1 t o t. r ~ ~, . ~~,; , ,,~~~~ J p ~ ~ , 3 ~ t L ~, ,l '• `~. ~ _ ~T ~I~ 1_, (~ -- ` \ 4J a .t ` f l ~ ((. ~ ~ ~ '`1 ~~,t ~ t 1 ~ l ~~ , L ,~ _ J b i _ t~ ~ ,. a ~ r' ~'~. V ~~~ -/Ir~ 1i t, j ~~, t , ~ :~~4L ~ ii.., l~ w r 4/ Tel ~~s ~~J , ~~I f ~ a< _ j ~~ r~ ~ ``~ a. jl%7 ! YYf ~ t~r~i~~ii~ ~A~ f D ~ ~ ~ ~ ~ N Ayr, ~~ ~ ` ~ ~',~~ ~~ ~n ~~~ QD ~f ~f~~ ~:.~~ o ~ ~~ ~~'~ ~ ~ ~ ~ ~~ o BEREWICK WETLANDS EXHIBIT ... Z ~~77 t'~ ~ ~ p O ~ v~vV./ a -c v Date: I ll9/07 BEREWICK sale: I• = z~~ WETLANDS EXHIBIT LSl1C1~E'Sl~Cl Project #: BEREWICK 3T3 N GMrn Saw[ Chrbtu. NC 383@ Sheet #: V: ]0133311333 F. 7W3323116 EX 4.6 BEREWICK TOWN CENTER -ENLARGEMENT # 3 ~~ \ ~ \~ ~~ Date I/19i07 BEREWICK sale: I`:- 100 WETLANDS EXHIBIT - IMPACT H ~"-~€.~"M9;~m~":~`. Protect #: 1006089 223 N GNum 5~ Chrlave, NC 28202 jhef( #: V-. 700370325 F: 201,322.3N6 EX 4.7 NEW DIXIE RIVER ROAD CROSSING DETAIL # I ~""Wd~1`~~~' ~ ~ M/b ~t M/b 1 ,~ rn~~~ z ~ ~ ~ \ z ~ ~, D O ~ Q ,'~ D D ~"`~ r ~ ~ 0 m I,D~~ - ~o Z /-~ " ~ _ ~ ~ ~ A O O ~ .. ~ - G ~~ ~~ m /~ 'v ~ _ _ _ v~~ ~ /% , ~O y i+ `/~ , ~' !Z _ ~. %~ \ _ ~ ~ ' \ ~ o0 m O ~. /~ \ ~ O ~ ~ \ ~n l . , ~ _ _ i~ -- Date: 1!19/07 BEREWICK ••~., L see: I^=6o~ WEl-LANDS EXHIBIT - IMPACT M ~`."„'°"~1® Project #: 1006084 Sheet #: 113 N Gnlsn Smw CMbtYt NC 3Hi03 v: ro+~3 a m~u ~ro+33131~6 EX 4.8 BEREWICK TOWN CENTER CROSSING DETAIL #2 W A T F F Michael F. Easley, Governor Secretary Ross Jr G Willi O R ., . am `` Q Ci North Carolina Department of Environment and Natural Resources f t`` y Alan W. Klimek, P.E., Director ~ Division of Water Quality ~ .., '-I O ~ Coleen H. Sullins, Deputy Director Division of Water Quality March 9, 2005 DWQ# 05-0064 Mecklenburg County Mr. Charles Teal Dixie River Land Company 4201 Congress Street Suite 465 Charlotte, NC 28209 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Teal: You have our approval, in accordance with the attached conditions and those listed below, to place permanent fill in 0..02 acre of jurisdictional wetlands, 1,064 linear feet of intermittent, unimportant streams, and 115 feet of perennial streams in order to construct the Berewick Town Center in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on January 12, 2005. After reviewing your application, we have determined that these wetland and stream impacts are covered by General Water Quality Certification Number 3402, which can be viewed on our web site at http~//h2o enr state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued to you by the U.S. Army Corps of Engineers. In addition, 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. Also this approval will expire when the accompanying 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. 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 401NVetlands Unit web site at http~//h2o enr state.nc.us/ncwetlands; 2. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes are installed in a perched manner, the pipes shall be removed and re-installed correctly; N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Mooresville, NC 28115 (7041663-1699 (nhnneL 7(kl-Fi63-FiO4Q (faxl. (httrr/(h2<i enr state nc us/ncwetlandsl Mr. Charles Teal March 9, 2005 Page Two The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert); Native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless spec~cally approved by the Division of Water Quality. 3. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Cert~cate of Completion form. 4. All development in the Berewick Town Center project as described on the approved conditional zoning plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as administered by Mecklenburg County and/or the City of Charlotte. The total land area of the Berewick development (including the subject Town Center project) is 745.88 acres. In addition to the removal of 85% TSS from runoff for all single family residential areas having greater than 20% impervious surface in the Critical Area and 24% in the Protected Area, a minimum of 95% of all impervious cover in the Berewick development, irrespective of the impervious cover within any individual development "pod", shall also have a minimum of 85% TSS removal. The 85%TSS removal shall be achieved by the use of Stormwater management practices designed according to the latest version of the NCDENR Stormwater Best Management Practices manual. For the aggregate total of the maximum "allowable impervious cover" in the Berewick development, no more than 21.5 acres of impervious cover within the proposed low density development areas may be permitted without BMPs sufficient to provide 85%TSS removal. Any specific area of the Berewick development proposed to be developed at less than 20% impervious in the Critical Area or 24% in the Protected Area, where 85% removal is not provided for all impervious cover, shall at a minimum provide velocity dissipation (by dispersion of stormwater at non-erosive velocities) at the boundary of Mecklenburg County's SWIM buffers. A tabulation of impervious cover in the Berewick development shall be submitted with every request for individual development, "pod", or sub-area of development, clearly indicating the amount of impervious cover proposed within the specific project and the cumulative impervious cover for the entire Berewick development, including a breakdown of the impervious area receiving less than 85% removal 5. You are required to return the attached Certificate of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 6. Heavy equipment shall be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities shall be performed so that no violations of state water quality standards, statutes, or rules occur. 8. Sediment and erosion control measures 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 six months of the date that the Division of Land Resources has released the project. Mr. Charles Teal March 9, 2005 Page Three 9. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full compliance with all specifications governing the proper design, installation, and operation and maintenance of such BMP in order to protect surface water standards: a. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow pit sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. The reclamation measures and implementation of these measures must be in accordance with the requirements of the Sedimentation Pollution Control Act. 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 1506 of the North Carolina General Statutes to the Offce of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Michael Parker in the Mooresville Regional Office at 704-663- 1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AWK/mlp Attachments cc: Corps of Engineers Asheville Regulatory Field Office Michael Parker, Mooresville DWQ Regional Office Central Files File Copy Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105 Sep 17 05 07:50a Leonard S. Rindner 704 847 0185 SE~.15.2005 10=13AM x.513 P,1 r U•~. ALQtYI E CVitA 17 lpY~ P.1~f ~dAV~~Rt3 WILMINGTON DISTRICT Action ID. 20Q53IOA4 County: 144tcMenbtcrt USGS Quad: CharMtte VWest GENERII`I,1P3ERidITT (R,IEGFOAIAI. AND NATIGNWIDE) VERIFICATION Property Cvvner / Authorised Agent: DI'i~eia:l2iver Latid fompatty ~ Attn: Charles'C'esl Address: 72lfI Coaeresat Street, Snite 465 Charlotte, NC 282fl9 Telephone No.: Stu and Iocatioaz of propes#y (water body, road nama/aurnber, town, etc.?: The proposed Bererrielc Town Center is boated en tLe north neat south sid8 of Dime Rivex Roam. adiacem tp Bertwick Ct-tomeems Parlcway in Claazlatte. lVleekle~6ar~ Ca>turtv l~iarth Carolina. Saecial Cogditions Ming®tiaa: 1. To provide compensatory mitigation for the proposed impacts, the permittee will preserve approxhn2-tely 2.655 linear feet of afrcam channel and adjacent 3S-foot ziparian besEi'ez on the property. Tiza eonservationlmitigatiaztnreas as spawn on the attached plans arc to remain in thee natural state in perpetuity. No person or entity shall perform any of the following activities in the conscn-ation great: l . fill, grade, excavate or perform any other land disturbing activities 2. cat, mow, burn, remove, or harm any vegetation 3. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility pales or towers, or any other pent or temporary a:pntctutes 4, drain or otherwise disrupt ar a]tcr tits hydrology or drainage ways of the conservation area 5_ dump or store soil, trash, or otherwaste 6, graze or water animals, ar use for nay agricultatral or horticultural purpose Any covenants recorded in order to satisfy this section must include the above restrictions and the following language. "This covenant is intonded w ensure corltittncd compliance with the mitigation condition of a Cieaa Water Ant authorization issued by the United States ofAmeriea, i7.S. Amoy Corps of Engineers, Wi-imington District, Action ID 2(1053I0~, and therefore msy be enforced by the United States of America. This covenant is to run with the land, and ahs11 be binding on the ©wner, and all parties claiming under it. p.Z 2, Permittee shall execuu and cause Go be recorded in the Mecklenburg County Register of Deeds, restrictive covenants acceptable to the Corps of Engineers for the purpose of Description of projects area ttnd activity: 't'his uesxnit authorises flee itastolletSon nY' culverts sand Sep ?.7 05 07:51a Leonard S. Rindner 704 647 0185 SCP.1~.Z6d5 10~13AM t~t0.613 P.2 tnaitytainirrg the streams and riparian buffer areas (conservation areas). as shown oa tkte submitted site play dated Dct;ember 2004, prepared by I.andDesign. The permittee will record restrictive coveaartts for the purpose of maintaittiag the mitigation areas in their taattual state in pezgettuty, acceptable in the Carps of Engineers, prior in the sale ar cottvey8ncc of any lots or other property Within the subdivision. Fermittec shall provide s copy of the recorded covenants and plat to the Corps of l?ngirtters within thirty days of recordation. Applicehic l.aw: ®Se:ction 444 (Clem W:tp- Act 33 trSC 1344) ~ Secriaa 14 (Rivers anti Harbors Act, 33 LI5C 403j Authorization: Regional General Per:ait Nuwha: Nationwide !'errnit Number. 34 Your work is atjtbotized h5'the rrbvvt rsicrcneed permit provided it is accomplished is strict accordance with the attached Nariaawide coatditiorrs and your submitted pl,ws. Any violation of the attached caaditinns ar deviarion from your subnaiued pleas may subject the purnittee to 4 stop work order, a restoration orckr aad~ox appropriate legal actiea. This veaification will remain valid tmtil the expiration dice identified bstoW unless the: mtionwide authasizahan is cnodifted, suspended ar ttvaited. I!r prior to thn expiration date identified bolovt. the mtiomride permit aat~armtian is reisarted andlor modiSe:d, this verification wi]I remain valid nmil the exgiastian daze ideaa5ed below, provided iS coaapliaa rattly all regttiremmss o.[ tint tnodifiui aariortwide permit. If rite nariaavvirle permit sarthorizatiaa e~rpirt:s ar is suspended, rcvoJctd, ar +a modified, such that the aetiviry would ao lortsat comply witty rho tstms and eenditioas of that: mtiouwidt: permit, activities which have cotnttteneed (i..e., ate ttndtx rom`tttretion) or arc under cantraet to cottmienee in raliatice upon the nationwide petsnit, vvs11 rctrnia authorized provided the scarify is comlife~ci within twelve months of the daze of the ~tianwide pe=wit's txpiratiaa, ttiodiftt~aon ea revocation. cmleae discretionary suthariry has beta extteisssd oa a case-6y-ea~a basis to modify, suspend or revoke rite aufhorieal;oa Activities subject to Session 404 (as indicated above) wag also require su individual Section 401 Wooer tZuatiry C.trlifuatioa Yau ahottid coatatt the NC Division of Waxy Quatiry (tetep6osae (919) 733-1786) to detar®ae Seetion401 requiretntstL~. Far ncdvitits accturbtg within the trretuy coastal catmties snbje;ct to regulation uadtr tht Coasts[ Area Managemerti Art (LAMA), ptio~r w begitlaing work you taunt coatnct the N.C. Division of Coastal Maaagettierti . This Depattmeat of the Artzry verification dots not relieve the perwittec of the respoasitit~ity to obtain any other required Foderai, State ar local approvaLslpemrits. If chart lac nay questions regudtng thla verification, any of the eoaditiotu of she Pert, or the Corps of Bngincera resu}ataryprogram, please cotttiict Amaatie Jones ar &28-2?[-7980 xZ1I. Corps Regulatory Of~ciai AxaaYtcia JQttes Date:.Ialy S. 2005 )vicpsratiatt Data of Verification: March 18, 2007' -2- Detet-rninafion af.lurisdictioa: P-3 ^ 9ascd on ptcliminary iafotaretioin, there appear to be vraters of rite iJS including wulands within rile above dcaeribrd project area. This preliminary derermmation i& not an appealahic action tmdear tht Stegerlatory Pregram wdministrzrive Appeal Process (ReEerencc 33 CfR Part 331}. Dixie River Road Charlotte, North Carolina A Major Thoroughfare Segment Through Berewick Charlotte, North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared For: Mr. Marty Davis Dixie River Land Company 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Prepared By: LandDesign, Inc. 223 North Graham Street Charlotte, NC 28202 704-333-0325 Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 904-2277 *Subject to verification by the U5ACE and NCDWQ Original Submittal Date :8/2002 REVISED :January 22, 2007 n,.,.,. i ,.r i n Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. ~ a - ~ ~';' 1 ~ V ~" t_1.11 ___III.T/A 11\ (If any particular item is not appticanie to mis project, please en~er ~~~~ r~~Yu~auic ~, ~./~ •~ I. Processing RECEIVED 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 from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 14 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: See attached cover letter for explanation -mitigation for proposed impacts has been paid to the NCEEP. 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 ' ~ ~;.; ~ ~~ ~ _ ~~~ W , ~ y-.vs ~ II. tY 1. Owner/Applicant Inform ation `~~' 1~ '1ii(1 `~ Name: Mr. Marty Davis `' ' ` ` ``' Dixie River Land Company ~ ,. 1 ~~J~Q!~' 6000 Fairview Road, Suite 125 \h~CT!~ .. .~ ~ ~~~ ~~or`~zi".„t;I1C-i Charlotte, NC 28210 Telephone Number: 704-716-3900 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: Leonard S Rindner PWS -Environmental Planning Consultant Mailing Address: 3714 Spokeshave Lane Matthews NC 28105 Telephone Number: 704-904-2277 Fax Number: 704-847-0185 E-mail Address: lrindner(a~carolina rr com T..~,. n ~r i n 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 fmal 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: Dixie River Road 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Road is a thoroughfare connection between Sh~ton Road West and Dixie River Road 5. Site coordinates, if available (UTM or Lat/Long):35.1674°N, 80.9739°W, 35.1649N, 80.9735 W Charlotte West 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): Approximate1~15 acres within Right-of-Way 7. Nearest body of water (stream/river/sound/ocean/lake): UT of Beaverdam Creek 8. River Basin: Catawba River (Lake Wylie) (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Timbered woodland in early succession and former a~,ricultural land. n.,~,. ~ ,.r i n Explain the purpose of the proposed work: Development of commercial business, and residential project The project is being developed in accordancewith the City of Charlotte Dixie-Berryhill Land Use Plan. 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. Berewick is a proposed commercial business and residential village that is part of the City of Charlotte's Dixie-Bermhill Land Use Plan The site and project is closely related to growth patterns and completion of a large segment of I-485 and the airport expansion Project development and environmental planning has been carefully developed with the City of Charlotte The wetland delineation was verified by the USACE Steve Chapin) with additional verification conducted by Amanda Jones. Meetincs were held with the USACE and the NCDENR on March 16 March 23 April 16 Mav 18 2004 to review the devel~ment of the~roposed project A meeting was held with Mike Parker of NCDENR-MRO on June 22 2004 to review mitigation requirements for proposed stream impacts. Other permits that have been issued in the vicinity of this proiect include Berewick Commons Parkway (200330597-DWQ03-0243), Dixie River Road (200231321 DWQ02-1410). Important Note As the result of changes to the alignment of Dixie River Road by the City of Charlotte, the plans for the overall Berewick proiect has been modified to coordinate with the new alignment of Dixie River Road Therefore a modification to the issued Nationwide Permit is necessary. In addition to Dixie River Road, Berewick Commons Parkway, and Berewick Towncenter, have been affected by this change and also necessitate a modification to the Nationwide Permits issued for those proiects. No changes are required to the already constructed Rock Island Road Residential Proiect or Berewick Residential Community Because of the complexity of the issue and the huge financial investments and commitments made by the developer, the modifications to all of these proiects (except Rock Island Road and Berewick Residential Community) involve the re-allocation of previously permitted impacts and previously paid mitigation to the NCEEP for those proiects. The proposed impacts for each individual proiect stated above does not exceed the Nationwide Permit thresholds for that individual proiect The overall quantity of impacts remain the same and mitigation remain the same The actual linear footage of mitigatable stream impacts is actually less. For the Berewick proiects Mitigation for these impacts has already been paid and utilized by the NCEEP. Based on a review of the situation with Amanda Jones of the USACE, Steve Chapin of the USACE, and Cvndi Karolv of the NCDENR on June 15, 2006 agreed in principal with the modifications, however it was determined that no new linear footage or acreage impacts utilizing NWP #39 and/or #14 would be permitted with a Nationwide Permit anywhere on the proiects associated with the above stated proiects The modifications and re-allocation of previously permitted and mitigated impacts have been developed to not involve additional NWP 39 or NWP 14 stream and wetland impacts overall between the five proiects listed above. n,...,, a ..r ~ n 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. Additional hermits are not anticipated -however if required they will be applied for ap~roQriately VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream 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:**Impacts to streams to develop urban commercial and residential areas Impacts are primarily limited unimportant intermittent streams These streams were also verified as not requiring mitigation per a meeting with Mike Parker on 6/22/04** The original Action Id # is 200231321 and the DWQ # is 02-1410. 2. Individually list wetland impacts below: NA Wetland Impact Site Ntunber (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*** .. .. . . -___.1_~~ F.il * List each impact separately and identify temporary impacts. Impacts mcluae, nut are not umtteo to: mecntui,zcu clcarmg, ~'120.t11,b', ~..,, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.aov. *** 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: +/- 0.02 Acre in R/W~includin~ streams) Total area of wetland impact proposed: 0.02 Acre -streams n,.~,. c ,.r / n r„~;~,;.t„ally. Net ill ;ntermittent and perennial stream impacts below: .._..~.. Stream Impact Site Number (indicate on ma) ..»...._ __~_ ---- ----- Type of Impact* ----------- --- Length of Impact (linear feet) r - - Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? leases eci ) G NWP#14 1501f UT +3' Int **** H NWP #14 2361f UT 6' Perennial * 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. ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 386' - +/-1 SO linear~eet to intermittent Lnimportant streams and not reauirin~ mitigation#### #### -Verified by Amanda Jones of USACE on March 16, 2004 and Mike Parker of NCDWQ on June 22, 2004. 3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) * Type of Impact Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody lake, pond, es sound, ( teary' ba ,ocean, etc.) ~__~_•__ * List each impact separately and identify temporary impacts. tmpacts mciuae, nut are not umneu iv: uu, cxcavaiiuii, u,ou~,~,~, flooding, drainage, bulkheads, etc. 4. Pond Creation - If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the- proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): _ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): n,,.... c ..r,n 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: 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. Berewick is a proposed commercial business and residential village that is part of the City of Charlotte's Dixie Ber~hill Land Use Plan The~lan was designed to avoid the perennial streams except for unavoidable road crossings and minimize impacts to those determined to be unimportant intermittent streams The overall plan required modification due to simificant changes in the alignment of Dixie River Road -see Proiect History. 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http•//h2o enr state.nc.us/ncwetlands/strmgide.html. n......^r..rin 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. 1. 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. 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): The 236 linear feet of impacts for which mitigation is required was paid for as part of the original alignment of Dixie River Road and is part of the overall 790 linear feet of mitigation paid for by the developer to the NCEEP for all of the Berewick proiects combined. (A total of 790 linear feet of mitigation was paid for by the developer to the NCEEP for Berewick proiects Berewick Commons Parkway (2801f), Dixie Rover Road (375 lfl, and Berewick Residential Community (135 Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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 T..~,. o ,.r i n 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: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone Z extends an additiona120 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The Stormwater Management Plan has been developed with the input of the NCDENR - Wetlands Unit. Ms. Cyndi Karoly has participated in the development of the plan and the regiorements as stated below. The City of Charlotte Engineering and Property Division have endorsed a Stormwater Water Management Concept Plan for Berewick. This plan will provide review/approvals of all final plans and specifications for construction of Stormwater management facilities. Any change to the Stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. "All development in the Berewick project as described in the application plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as administered by the City of Charlotte. The total land area of the Berewick development is approximately 794.5 acres. In addition to the removal of 85% TSS from runoff for all single family residential areas having greater than 20% impervious cover in the Critical Area and 24% in the Protected Area and all additional non-residential development, except that no more than 5% of the total allowable impervious cover will be allowed n..~..n..r~n be released at less than 85% TSS removal efficiency over the entire project. The 85% TSS removal efficiency shall be achieved by the use of storm water management practices designed according to the latest version of the NCDENR Storm water Best Management Practices manual. For the aggregate total of the maximum "allowable impervious cover" in the Berewick development (465.4 acres), no more than 23.2 acres of impervious cover (5% of the maximum allowable impervious area) within the overall Berewick development may be permitted without BMP's sufficient to provide 85% TSS removal efficiency. Untreated areas will generally be located in low density portions of the development or within drainage locations where it is impractical to route runoff to planned BMP locations and generally at project edges adjacent to undisturbed areas and buffers. Runoff from all commercial, institutional, multi-family, and other land uses with parking lots will be treated unless approved due to impractical circumstances. All drainage discharges will, at a minimum, provide velocity dissipation so as to release runoff at non-erosive velocities. A tabulation of impervious cover in the Berewick development shall be submitted with every request for individual development or sub-area of development, clearly indicating the amount of impervious area cover proposed within the specific project and the cumulative impervious cover for the entire Berewick development, including a breakdown and tabulation of impervious area receiving less than 85% TSS removal treatment. Any changes or land additions to the Berewick development will be subject to these aforementioned conditions in regard to storm water treatment and maximum allowable untreated impervious cover ratios." 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. Municipal System -Charlotte Mecklenburg Utilities XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No X Is this anafter-the-fact permit application? Yes ^ No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedu~~'(,e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened 8`pecies, accessibility problems, or other issues outside of the applicant's control). ~ ~~ :~ _~ C ~'~' ~ ~i~~~ ~ pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) n......in,.rin LEONARD S RINDNER PWS Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (704) 904-2277 Faz (704)847-0185 November 28, 2006 Mr. Marty Davis Pappas Properties, Inc 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Re: Berewick -Dixie River Road Dear Marty, 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. Name an Title Date ~'. ~ (,~.up G7~v~loPnneNT- Please contact me if you have any questions or require additional explanation. Thank you. Sincerely, Leonard S. Rindner, PWS Environmental Planning Consultant Profession Wetland Scientist 1155 ~Q-Q~ QJH Q+~ AZ MK (262 RM: 1346 W LJ -. ~ ~ ..~. vs• ~~ ''~ ~~ l ^•, ~~~W°"W,,• '~~~ `~.,, ~, ~ ~~~ ~ ~~~''~~ 1se2 ~~ t 1353 1355 p P ~ ~ N y NO 11,6 Q BEAGLE ~ PRIVATE 1X`E~NER ~ ~ sPOr Q SHOpT pNRD ~`'~"C~~-~~ lse3 vNS C`a \`. , uss R4' ~~~O HEPTON '•:~.~~y D ~~ BOXER YG~ 1 ~~ ua~ ua2 ~b ~NTFRsrgTE 48S 1444 _. . 1142 "" y STEELE PROPOSED NEW ;._ ~~ ' DIXIE RIVER ROAD xb I RACK/S, f ~ ~ \\1 vO R~ 1482 ~QQ 1343 J `p p F ~ 1390 `T 5 BEREWICK «G BoB PROJECT 15,8 1143 - 2I RLS ~so~ AREA CECIL ~( LO~j} tua ti .. c O 1523 .,... ' 1568 Date. ~~~9~0~ BEREWICK ~~ L scale: N.T.s. WETLANDS EXHIBIT Sl~l1® SYIC Project #: 1006094 /y N GMrn Svvt Chrbm. NC 2820'1 Sheet #: V: ]0/333A38 F. 104]323246 .,.,.,.Weo.. EX 2. I NEW DIXIE RIVER ROAD VICINITY MAP r ~~ .~` , I c~ \\$ I ~' \-~ lil .P,lJf t S5` ..,. I i I - ivt 11' '$^ ti-- ,~ '._ l' 7, 1 ~ N tr y i r fr, is ;~~ r F + 15 `F"~r A i f aiy 4 4. 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I F- ~~: t~~~~~ 3~',~~~----' ,}',iql I~~ I, ~ ~ ~, ~~ ~ I ~~q f~~'q,~'Il - -, k C~` ,,., r'~/f/'.-.. .~~,..!I ~ 1 I 5 :~I qit i I,~ ~ ~f¢ t~ r" ~ ~ ~''< ;4t ~-f ~~ y ~ -r~~ \ ~ ~~"<r „~,-. r° f•. ==rt ~~1~~~~~ ~,< 1 ~ I ,i r~ j ~~ ~ ~ ~'t~~y J:y" r. /~ ~ -^,e} °%~*~~'~y ° 11~~0 ~4. `~ i ... f ` ~ y k..~, r.,F`r t~ t• ~~~~ ° ~~ w,i~i `~_./::: j~f ~ .c~r~ll~IS ^yr ^... ~ ti o -~~1 .~"'~-~.',. ter~. ~ i ~ + r I f ~ ~!` - ~' I g~ ~ /~f I I~ i~~ filly r/ a~t•I~~~'~4~;,^ ~~`~l t .`~,g41f~f r1 r -` ~ ~ , ~ t f i t i , ~r 1 ~r°7' ~JlY ~~{+fyh I --aor ~ ~ } ~ t \ ~. l+{ ~' ~~' /~ i~ ~-~ ry e~p -.~ ~ `I I ik V' ~~ ~ '1jiU / P _ - ~!~~4 / ? ~( 1 F ~ ~~,-s ~ ~i .' ~ lyY ° I '4111 -y '4 >~~~ i ~'= t ~ ~~ ~~ ~ I '~'J~ PROJECT BOUNDARY ~;C ~"' _ {~, I'~".'~ ( ~ . Oyu-~~'~ ~~ ~' ` , '~~, q~' ~ ~ 3 _ ~'~ ~ _._. ~ ~ I ~ ~~`.~,r~~-~ } _r I ti, ~'i r Aa 1 ~ ° I q'` ~'~ 1 ~ c t1~* ._. 3, _ -- r .-~ I l i ~1` ~'"' ,~~^r. '~7~ t.~~ ~ N ~I'' ' i I 4~,~/~' '~` y I +, ~ 1, ,~ ~ ~ ~j~- ~~ ~~ y ~~.:p iJ,~ .b L'-~~'~ FAx ~ Ter, ' ~ ~yl~q I r \~4` I1 KI~ti_~` ~I{t<~~ ~ ^.~ I - ..~ ] 1 l ~' I I ^^51.1 ° _ } _. .W*.rr q 3: x,11 1~ r'l , i ~. V1 5 ~, . 25 ~ ,,.~,{ _ - ~f ~ ~_; ..''_ y, .il + '~',f f ~ y„ ti~`~y \~ ~ ~ j ~ I-.._.,-r - . r--~.._- ' f ~'_. I~,I i j `.`..'i , _ f ` Jr,•'y.. > r;d..~ ~ °~F~Y,~w ;~?~ '-r'~~.i~.iPROPOSED ~ 4~,~;`q C ~ . I 1 `'-_: # r~ ;.; ~1. ' .+~. •- ~~ ,, ~ 'NEW DIXIE RIVER ROAD ,~ t '~ - '~ ~' ~{cr _ r i ~;- - ~\ _ 1~`= '~" ~ . ~ r i 1 I ~`~SCY_ I, . J~rf J". f ~ r ew1 ~ r , z t i ~ /~ ~ _ ~..-~ , ! ~ s" if .! :. (+ f;.i }~l yY' ~yl wF ~c6~°..-'`°f~/'4t ~i ~''~ ^~4~~ ~~1 .. - +~ I I S :,, } . j 1 1~ ` I J `- i ~ ~ ~ ~ ~N a;' r/ 1 I~I~ I ~- ,i ;,. --~ ' ~ ~ ~, 5 ° '"'tit ~ _, t f -- ~ la I J.r . ~A ~J~11 fI "`" I .' w. _ ~~5. _ ~ ' +Y ~~~- _ _rl° ~ ^~' A '. - r~~ I ~ ~ Otis ^ ~ , - f ~` i'f f _ 1 4_,_ * I~' .t' sf T . ° ." f r^"^~"1 F-faS ~ ~ -~\'~ .. r J ffi'~Gr s, ~: ~ ~;; Iq A 1 ~ L - ,,' t... r~ f r ~ I_ 4 ~ I ~ ~ .. - .- - ~ ~~ .. a. - '~`` ~- ~`.~ fI ~. s ~1 ! - 1 7 _ ll ~Y" s 1 -. ~q I .. ,.. ~ _ .--•,. + -^• ~ J 4 ,~ ~ ~ " - rte-. ~ ^ti, ~` _ USGS TOPO MAP USGS Charlotte West (NC) Quadrangle Date: I / 19/07 Scales N.T.S. Project #: 1006084 Sheet #: EX 2.2 BEREWICK WETLANDS EXHIBIT LSl~l 1T.3 N GNrn Swrt Chvbto. NC ]8103 V: 701333A325 F. 70433231"6 .,~.,.weA«mr~ NEW DIXIE RIVER ROAD TOPO L ~ ./ l~ A~~~, ~.c ~~ti~'e~_ ~>,~ / ~~ ]a~ q fTl ,/ 't~' ( ,~3 O }..~ Q • _ _ ~..~. r ~.. 4 ; l ~ If "~ i i ~ ~•+ 1 ' ..., l 1 ,,l •. e ' ~.. ~: i s-, ~ ;`~ ~` ~` ~. I~~`,- - i 7--r~ ~y ~` ~ , f~:_ , °~~ o~ 1 ~ + ~ 'fi't ~~ j' '- ~ i : ( y ( { t ~ __ k ~ , r' , '_ ~r ./~ ~ ~ i;. ~ ~•. BIZ.. a, ~~~ ~- ~' • ~Iti -^ 1, ~ _ i f i c ~ 2 _ ~ iif~ v ~ ~[.~ ''~ ~ t 1. ~~~ c.. i ~, t,. ~ -4 `~ ~ .. i j 4 %L > ~ 1 L h . r SS ~ .. • t 4 '~ ' '~ "h _ i ~ ~'-~.~uJ~i-~ `- - ~~' i 4` 1 a ~ f~ 7_ ~~~ x{1 ~ti Sri e ~ ~ y ~,. ;~a ',, ' '~ ~+~. ~ ~ " ~ ~~~' ~~ -~~"' ~ -- ire-,'~ -_ L.~%~ ~ ~i ~ ~z ~' , ~ 6 ~ ~~~ ~ ~ 9~~ ~ ~ b y ~ ~ ~~~~ ( F L ~ r ~ as t, v o z t ~~ =~ ~ l ~.. ~ ~~ ~~ - , ti ~~` 1 ~.. § ~~_ ~;~ °~ , ~- ~,~r~ ' - ~ ~ , ~ ~~ ~ __ o ~. ~ D Z ~ 3J c~ QQ ~~~_ ~~ f ~`~md ~ ~ ~ o: ~ °~ Q ~ e ~~ ~ ~ ~ o ~ Q ~ ~~ ~ n Date: I / 19/07 BEREW I C K Scale: I•=boo' WET~gNDS EXHIBIT Land~PS1~11® Project #: 1006084 173 N GMYn Stnw Clvlxo. NC 26202 Sheet #. VN~704~37A3~25~F. n70133231~b EX 2.3 NEW DIXIE RIVER ROAD U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200231321 County Mecklenburg GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Dixie River Land Company, Attn: Mr. Scott Hebebrand Address: 421 Congress St., Suite 465 Charlotte, NC 28209 Telephone No.: Size and Location of project (water body, road name/number, town, etc.): Dixie River Road -Thoroughfare Segment Through Berewick Development Description of Activity: Construct a major public roadway through the Berewick development as depicted on the "Thoroughfare Plan for Mecklenburg County" . As part of the roadway construction, it will be necessary to install culverted crossings on 3 separate perennial streams (unnamed tributaries to Beaverdam Creek and Lake Wylie). As a result of the crossings, a fatal of 375 LF of stream channel will be impacted. In addition, 0.2 acre of wetlands will be impacted by the project. Mitigation to offset the loss of perennial stream channel will be accomplished through payment into the NC Wetlands Restoration Program (WRP) fund at a 1:1 ratio, sufficient to perform 375 LF of warm water stream restoration in the Catawba River basin. Construction within waters of the U.S. shall begin only after permittee has made full payment to the WRP and the WRP has provided written confirmation to the Corps of Engineers. ALL WORK MUST BE DONE IN ACCORDANCE WITH SUBMITTED PLANS. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. l4 Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP} provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is subject to Section 404 (if Section 404 block above is checked}, before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date October 8, 2002 Corps Regulatory Official Steve Chapin Telephone No. (828) 271-7980 Expiration Date of Verification October 8, 2004 cc: Mr. Leonard S. Rindner Mr. Ron Ferrell, NCDENR - WRP, 1619 Mail Service Ctr., Raleigh, NC 27600-1619 CESAW Fotm 59l Revised July 1995 ~LwA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director November 15, 2004 DWQ# 02-1410 Mecklenburg County Mr. Scott Hebebrand Dixie River Land Company 4201 Congress Street, Suite 465 Charlotte, NC, 28209 APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program Dear Mr. Hebebrand: You have our approval, in accordance with the attached conditions, to place fill in 0.2 acre of wetlands and 375 linear feet of perennial streams in order to construct the Dixie River Road thoroughfare through the Berewick development in Mecklenburg County, as described in your application received by the Division of Water Quality on September 4, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our welt site at http•//h2o.enr.state.nc.us/ncwetlands. This Certification allows you to'use Nationwide Permit Number 14 w~ien it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local` ermits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Disc~azge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires. unless otherwise specified in the General Certification. This Certification replaces the one issued to you on December 11, 2003. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h}. For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The stormwater Master Concept Plan attached to the December 11, 2003 Certification was made a part of that certification. The City of Chazlotte Engineering and Property Management Division has endorsed this plan and will provide reviews/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. All development in Berewick (including Dixie River Road) as defined on the approved conditional zoning plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District. (Total Berewick land area (including Dixie River Road) = 745.88 acres). In addition to the removal of 85% TSS from runoff for all areas having greater than 20% impervious in the Critical Area and 24% in the Protected Area, a minimum of 95% of all impervious cover in Berewick (including Dixie River Road), irrespective of the impervious cover within any individual development "pod", shall also have a minimum of 85%TSS removal. 85%.TSS removal shall be achieved by .the use of stormwater management practices designed according to the latest version of the NC DENR stormwater Best Management Practices Manual. For the aggregate total of the maximum "allowable impervious cover" in Berewick (including Dixie River Road) (432.86 acres) no more than 21.5 acres of impervious cover within proposed low density development areas may be permitted without BMP's sufficient to provide 85%TSS removal. Any specific area of Berewick (including Dixie River Road) proposed to be developed at less than 20% impervious in the Critical Area or 24% in the Protected Area, where 85%TSS 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCaTOlina Phone: 919-733-17861 FAX 919-733-6693 / Internet: httn•/ltt2o enr.state.ne.us/ncwetlands ~~~~~~ //~ An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper " removal is not provided for all impervious cover, shall as a minimum provide velocity dissipation by dispersion of stormwater with non-erosive velocities at the boundary of the SWIM (stream) buffer(s). A tabulation of impervious cover in Berewick (including Dixie River Road) shall be submitted with every request for individual development "pod" or sub-area of development, clearly indicating the amount of impervious cover proposed within the specific project and the cumulative impervious cover for all of Berewick (including Dixie River Road) including a breakdown of the impervious area receiving less than 85% TSS removal; 2. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at (919}733-5208 if you have any questions concerning the Wetland Restoration Program. You have one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 375 linear feet of perennial streams and 0.2 acre of wetlands in the Catawba River and sub- .... basin, Cataloging Unit 0305010.1, and 375 linear feetof stream mitigatign_are required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of stream impacts to the nearest linear foot and wetland impacts to the nearest quarter acre (15A NCAC 2R .0503(b))." This payment to the Wetland Restoration Program was made and a receipt was provided to Mr. Leonard Rindner on November 29, 2002. 3. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetlabd, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and~ir buffers aPPi'oved for impact under this Certification Approval and Authorization Certificate. A sample notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.em•.state.nc.us/ncwetlands~ ,„, 4. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. 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 which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Samar Bou-Ghazale in our Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely,. Alan W. Klimek, P.E. AWK/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105 Matthew W. Anderson, City of Charlotte, 600 East Fourth St., Charlotte, NC 28202-2844 021410Dixie(Mecklenburg}401REV2 North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Mr. Leonard Rindner PW 3714 Spokeshave Lane Matthews, NC 28105 Re: Project: Dixie River Road County: Mecklenburg DWQ#: 021410 m~~ NCDENR RECEIPT November 29, 2002 The North Carolina Wetlands Restoration Program (NCWRP) has received a check in the amount of $ 46,875.00 check number 000106, as payment for the compensatory mitigation requirements for the subject project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. Please note that you must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is responsible for the compensatory mitigation requirements associated with the subject project and agrees to provide the compensatory mitigation as specified. The NCWRP will restore 375 linear feet of stream in Cataloging Unit 03050101 of the Catawba River Basin If you have any questions or need additional information, please contact Valerie Mitchener at (919) 733-5208. Sincerely, ~~ Ronald E. Ferrell, Program Manager cc: Rob Ridings, Wetlands/401 Unit file Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 Berewick Commons Parkwa y A Thoroughfare Segment Through Berewick Charlotte, North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared For: Mr. Marty Davis Dixie River Land Company 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Prepared By.• LandDesign, Inc. 223 North Graham Street Charlotte, NC 28202 704-333-0325 Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704)904-2277 *Subject to verification by the USACE and NCDWQ Original Submittal Date :3/2003 REVISED :January 22, 2007 n.,~,. i ,.r i n Office Use Only' Form Version May 2002 USACE Action ID No. DWQ No, 03 - o a 4 3 V 2~ (If any particular item is not appncaoie w ~nis p, u~G~~, ~ica~c cued ~.,,~ err==~~~~~ ~- - ~~ • - •~ I. 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 from DWQ X 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 14 (Berewick Commons Parkway goes through Berewick TownCenter and utilizes common impacts) 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: See attached cover letter for explanation -mitigation for proposed impacts has been paid to the NCEEP. 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: ^ . ,fi II. Applicant Information ~ : ~-•~~ - - ~` ~ 1. Owner/Applicant Information k~~ _.~ Name: Mr. Marty Davis ~ ~ - Dixie River Land Company ~ • -,~ r ,. 6000 Fairview Road, Suite 125 4'~~TLA+~~rN ~,~~, „<<a,+~~-~~~~'~~~~~~ Charlotte, NC 28210 Telephone Number: 704-716-3900 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: Leonard S Rindner PWS -Environmental Planning Consultant Mailing Address: 3714 Spokeshave Lane Matthews NC 28105 Telephone Number: 704-904-2277 Fax Number: 704-847-0185 E-mail Address: lrindner~a caroling rr com ri..~,. ~ ,.r i n 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: Berewick Commons Parkway 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Road is a thoroughfare connection between Shopton Road West and Dixie River Road _ Site coordinates, if available (UTM or Lat/Long): 35.1638°N, 80.9828°w (NAD27) 5. USGS Charlotte West (NC) Quadrangle (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): Approximately 30 acres within Riaht-of--Way 7. Nearest body of water (stream river/sound/ocean lake): UT of Beaverdam Creek 8. River Basin: Catawba River (Lake Wylie) (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~//h?o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Timbered woodland in early succession and former agricultural land. 10. Describe the overall project in detail, including the type of equipment to be used: Implementation of Berewick Commons Parkway and the construction of one road crossing n,.~.. ~ ,.cin 11. Explain the purpose of the proposed work: Implementation of Berewick Commons ParkwaX.to connect Shopton Road West (SRl 116 to Dixie River Road (SR 1155) 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.LP. project, along with construction schedules. Berewick is a proposed commercial business and residential village that is part of the Citv of Charlotte's Dixie Berryhill Land Use Plan The site and proiect is closely related to growth patterns and completion of a large segment of I 485 and the airport expansion Project development and environmental planning has been carefully developed with the Citti~ of Charlotte. The wetland delineation was verified by the USACE (Steve Chan) with additional verification conducted by Amanda Jones. Meetings _ were held with the USACE and the NCDENR on March 16 March 23 April 16 Mav 18, 2004 to review the develo inept of the ro osed ro'ect. A meetin was held with Mike Parker of NCDENR-MRO on June 22 2004 to review mit~ation requirements for proposed stream impacts. Other permits that have been issued in the vicinitx of this pro,~ect include Berewick Commons Parkway (200330597-DWQ03-0243), Dixie River Road (200231321 DWQ02-14101. Important Note As the result of changes to the alignment of Dixie River Road by the City of Charlotte, the plans for t_he overall Berewick proiect has been modified to coordinate with the new alignment of Diane River Road Therefore a modification to the issued Nationwide Permit is necessary. In addition to Dixie Berewick Commons Parkway, Berewick Towncenter, and Dixie River Road have been affected by this change and also necessitate a modification to the Nationwide Permits issued for those projects. No changes are required to the already constructed Rock Island Road Residential Project or Berewick Residential Community Because of the complexity of the issue and the huge financial investments and commitments made by the developer, the modifications to all of these projects (except Rock Island Road and Berewick Residential Community) involve the re-allocation of previously permitted impacts and previously paid mitigation to the NCEEP for those_pro~ects. The ro osed im acts for each individual ro'ect stated above does not exceed the Nationwide Permit thresholds for that individual proiect The overall quantity of impacts remain the same and mitigation remain the same The actual linear footage of m~tigatable stream impacts is actually less For the Berewick proiects Mitigation for these impacts has already been paid and utilized by the NCEEP. Based on a review of the situation with Amanda Jones of the USACE, Steve Chapin of the USACE, and Cyndi Karoly of the NCDENR on June 15, 2006 agreed in principal with_ the modifications, however it was determined that no new linear footage or acreage impacts utilizing NWP #39 and/or #14 would be permitted with a Nationwide Permit anywhere on the protects associated with the above stated protects The modifications and re-allocation of previously permitted and n,.~,, n ..r i n miti ated im acts have been develo ed to not involve additional NWP 39 or NWP 14 stream and wetland impacts overall between the five proiects listed above. 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. Additional permits are not anticipated -however if required then will be applied- for a ro riatel . VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream 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:**Impacts to streams to develop urban commercial and residential areas Impacts are primarily limited unimportant intermittent streams and crossings of perennial streams for unavoidable road cross>ngs, These intermittent streams proposed to be impacted within Berewick were also ver><fied as not requiring mitigation per a meeting with Mike Parker on 6/22/04**. 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** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** . ,:...:.,.a . ,.w., o~ ..IP ~~ nrarlino fill * List each impact separately and identity temporary impacts. Impacts mc,uuc, ou, a,c u~, ,,,,,,«.. ~.,. ~,~.,....u~.=~.......~... •••b> b'-•°""'b~ '""-' excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http:/%www.Fema.~ov. *** 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: +/- 0.12 Acre in R/W (streams) Total area of wetland impact proposed: 0.02 Acre -streams n,. ~,. c ,.t" , n r_ ~c__:,1___tl_. 1:,.~ .,11 ,.~40..,~.;t+nn4 .nil narPnnial stream imnaCtS below: Stream Impact Site Number (indicate on ma) C Type of Impact* NWP#14 Length of Impact (linear feet) 125 if Stream Name* * UT Average Width of Stream Before Im act +6' Perennial or Intermittent? ) (leases eci Perennial * 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 i-800-358-9616, or online at www.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.to~ozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 125 l 3. Individually list all open water impacts (including lakes, .ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, ba ,ocean, etc.) • 11 f Bred in * List each impact separately and identify temporary impacts. Impacts include, but are not hmrted to. fi excava ion, g g, flooding, drainage, bulkheads, etc. 4. 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., darn/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pona, local stormwater requirement, etc.): ri,.~.. c ..c i n 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. Berewick is a proposed commercial business and residential village that is part of the Citv of Charlotte's Dixie Berryhill Land Use Plan The plan was designed to avoid the perennial streams except for unavoidable road crossings and minimize impacts to those determined to be unimportant intermittent streams The overall plan required modification due to si~mficant changes in the alignment of Dixie River Road -see Proiect History. 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http~//h~o enr state ne us/ncwetlands/stnn~ide.html. 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) n..~~ ~ ,.r i n 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. 1. 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 (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http•//h2o enr state.nc.us/wrp/index.htm. 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)• A total of 790 linear feet of mitigation was~aid for by the developer to the NCEEP for Berewick protects (Berev~nck Commons ParkwaX (280 lf), Dixie Rover Road (375 lf) and Berewick Residential Community (135 lf) +/ 125 linear feet of mitigation is applied to Berewick Commons Parkway. Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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 n,.,.,. o ,.c i n 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: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation I 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15ANCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. The Stormwater Management Plan has been developed with the input of the NCDENR - Wetlands Unit. Ms. Cyndi Karoly has participated in the development of the plan and the requrement as stated below. The City of Charlotte Engineering and Property Division have endorsed a Stormwater Water Management Concept Plan for Berewick. This plan will provide review/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the Stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. "All development in the Berewick project as described in the application plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District as administered by the City of Charlotte. The total land area of the Berewick development is approximately 794.5 acres. In addition to the removal of 85% TSS from runoff for all single family residential areas having greater than 20% impervious cover in the Critical Area and 24% in the Protected Area and all additional non-residential development, except that no more than 5% of the total allowable impervious cover will be allowed be released at less than 85% TSS removal efficiency over the entire project. The 85% TSS removal efficiency shall be achieved by the use of storm water management practices designed. according to the latest version of the NCDENR Storm water Best Management Practices manual. For the aggregate total of the maximum "allowable impervious cover" in the n......n..rin Berewick development (465.4 acres), no more than 23.2 acres of impervious cover (5% of the maximum allowable impervious area) within the overall Berewick development may be permitted without BMP's sufficient to provide 85% TSS removal efficiency. Untreated areas will generally be located in low density portions of the development or within drainage locations where it is impractical to route runoff to planned BMP locations and generally at project edges adjacent to undisturbed areas and buffers. Runoff from all commercial, institutional, multi-family, and other land uses with parking lots will. be treated unless approved due to impractical circumstances. All drainage discharges will, at a minimum, provide velocity dissipation so as to release runoff at non-erosive velocities. A tabulation of impervious cover in the Berewick development shall be submitted with every request for individual development or sub-area of development, clearly indicating the amount of impervious area cover proposed within the specific project and the cumulative impervious cover for the entire Berewick development, including a breakdown and tabulation of impervious area receiving less than 85% TSS removal treatment. Any changes or land additions to the Berewick development will be subject to these aforementioned conditions in regard to storm water treatment and maximum allowable untreated impervious cover ratios." 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. Municipal System -Charlotte Mecklenburg Utilities XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No X Is this anafter-the-fact permit application? Yes ^ No X XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedule (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened, ecies, accessibility problems, or other issues outside of the applicant's control). a~°. ~~ ~/~ ,%Applicant/Agent's Signature ~ Date Agent's signature is valid only if an authorization letter from the applicant is provided.) n..~,, in,.cin LEONARD S. RINDNE PWS 3714 Spokeshave Lane Environmental Planning Consultant Matthews, NC 28105 Professional Wetland Scientist Tele: (704) 9042277 Land Planning Faz (704) 847-0185 November 28, 2006 Mr. Marty Davis Pappas Properties, Inc 6000 Fairview Road, Suite 125 Charlotte, NC 28210 Re: Berewick - Berewick Commons Parkway Dear Marty, 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. Name an Title Date Please contact me if you have any questions or require additional explanation. Thank you. Sincerely, Leonard S. 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'iC ~ '~~` ,r -_~ , 4 r - cr ~~ ' tiz -~. .. _. . t ^ ~ ^" ,~ ~, ~ h. ,~4, I °, 1 1 ' d { I ~ ... ~ ~ I ~S. '- Wily a. `.'' ~~~ ~ - ' r '~ k~i it _ _ ' ~J ~ `ar ~ -_ ., ^ , .. ~. (yt' ... :; - r ,)., - . 'ti '4 ~LF - _ . - _ -;. ~,. • ~ __ +(~' ° 1 ~ €Yl. Y4 ~b~a~`...!~^_~ ~r X141 4 _. ~ _ ~?{?{--- e C,J ~~~i ~ t~~,~ S~K~~ _ _ s T w ~5 S y....w •- USGS TOPO MAP USGS Charlotte West (NC) Quadrangle Date: (/19/07 BEREWICK scale: N.T.s. ~/~/~LgNDS EXHIBIT Lan~~"'~'~~"® Project #: 1006084 223 N Graham SvM Clvbty4 NC 28202 V: ]0/.333A375 F. ]IN.332.R16 Sheet #: .,.,.,.weom~.@,I EX - 3.2 BEREWICK COMMONS PARKWAY TOPO ,, ~~~-~ ~ t ~ ~ ~~`....4.,. .~ ~ ,.r _ ~ , ~~~ ~. _ _ ~~r ~ ,, z ~ ~- z / ~ ~~.~~ .~. - ;~ ~ ,,. ' ~ ~~ ~ ~i ~ ` ~ , - ~. J _ e r r ~ ~ Ai~Mrl~ , o a - ~_ ;, ,. , _-- ~~ ~ < c ~r ~~ E {I ~ ~~ ~ ~ i ~~ _ ~-~ / `, ~,'r ,, ~ ti..., ~~ ,. / ~ ~ i ~ ~ ~ ~ ~ .~ ., ~~ ~~ ~, -_, ~ ~ ~ \ ~ ~~ ~`~ ~ m L . ~f ~ ~ "~,,- ~ 5 ~~~r.~. ~"^". [t. [t. tit ~ ~ C ,... ~ ~~~ ~ / ~. 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'~ ` ~~ F T ~ I -v. -.r ^ ~ ~. r_ . ~ ~' ~ >~ ~~~ r LJ ~Q k - Q J~,~ '~' ~ ` ~ ~, ._ ~ ~~ ~ a i '~ f/ 1, ~ , ~ .. t ,,....__rr1t 9 ~o ~ A `` ~ q o ~ ~ ~ ht n ~ , ~~ ~ w ~ ~~~ 4 DVS r ~ ''~~"•~`. w..--«~ ~~ acs ~`~ ,~ o . ~''~~. ~ ..~ Date: (/19/07 BEREWICK Scale: I"=600' WETLANDS EXHIBIT LandDesl~1® Project #: 1006084 lit N Gnhun Sawt CNvb~m NC 28303 Sheet #: v~~a~n~ss~~iw.xxvx+a EX 3.3 BEREWICK COMMONS PARKWAY ,, -. } -z , ,l ;~- .~ ' =~ ~, ~ ~; , , ~ ~ ~ ; , rr ~ ~ ,~ / I ,,.-.-, .. ~ -~ ~ ~ ~ ~s`,, ,~ ~ '~ ~A ~ << . _ _ -- ~ , , ~, . , - ~.~ ~ ,~~ I~- ~ ~ r ~ ^T~ /^/ _ ~frfi _ 1 ,,~,y `~'» ~ ~ y~- ~ v F-' - lc i ~ `\,;; ~ ~ ~ ~~ ~ '~ ~ ~ ~ F ~~ ~V r r i • `. ~ • ~ r- , ~ ii 1 t i V ~ i- ~_ _ ~, ~ ,._ ~` _ `~~ , ~a ~ ~ ~ ~ ; m #~ ~ ~~, ~ '~~ ~ n ~ ~, ~ ~ # / t ~ , f III ~.'"'"~ ~ ~~ A ~ ~~~'i a ~ ~ i7 1~ ~~~~ ~ 1 ~ f ~i Y ,. r ~, .~ ,~° y ~,,... 1 J - y ~ ///11~IY~~~ "i i /j Z ~ 7 ~ ~~ ~~ ~~_.;- ~.,.~ ~ -..~ r ~ a ~ _ _ ti r ~_ ~ ~~~~ ~, , ~y~ '~ G _ , ~ -x~ ,. ,~,~ ~~ ; ~~, , R~ ~ _. L ,~~+ , ~ ~ ;.. c ~ ~ ;` ,~. ., -t; 1~ ~ ,;, ~J ~'.~ ~ ~ ,.i. ~.. ( ~. ~'~ ,~. a ~, ~~ ~ ~nE ~ ~ ~`'i ~ / m ~ ~,, 1 ~ oo , _' y ., \/\ '~~~ _ ~ O ~~ - - - -_ ~ E "'t.~'" ~L - 'Y. - - ---111 ~ ~ c~~ p~~ ~ i ,p ~ ~- ~ ~ r Z ~ ir? w t ~ _ -_~ ~ ~, l~ ~ ~i n - ~' y ~+I~r''° ~ ~, u~ ~ ~' ~ i , ~ ' ~~" ~~~, ~~ ~rT°r ~ Vii"' r ""'. - ~ ~~ ~.. - ~ ~ _ __ . ~ '' .~ i> ""'.r»i a: `~\ ~ .; , ~ ~ N ..I :e ~ . ; ~ L+ ~ Date: (/19/07 BEREWICK scale: ~" = 400' ~/~/ETLANDS EXHIBIT L Project #: 1006084 223 N GMun So-wt Owbto. NC 28202 V: )01333.03]5 F. ]D/3323216 Sheet #: .,.....w,eo«~oom EX 3.4 BEREWICK COMMONS PARKWAY -ENLARGEMENT North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary RECEIPT July 18, 2003 Pappas Properties 4201 Congress Street, Suite 465 Charlotte, NC 28209 Re: Project: Berewick Commons Parkway DWQ#: 03-0243 COE#: 20033057 County: Mecklenburg e~~ NCDENR The North Carolina Wetlands Restoration Program (NCWRP) has received a check in the amount of $56,000.00 check number 000183, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 permit issued for the subject project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. Please note that you must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is responsible for the compensatory mitigation requirements associated with the subject permit and agrees to provide the compensatory mitigation as specified in the permit. The NCWRP will restore 280 linear feet of stream in Cataloging Unit 03050101 of the Catawba River basin. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208. Sincerely, ~~ ,s~ ~~l Ronald E. Ferrell, Program Manager cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACOE-Asheville Mike Parker, DENR Asheville Regional Office file Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Fax: (919) 733-5321 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200330597 County Mecklenburg GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Pappas Properties, Attn: Mr. Charles Teal 4201 Congress Street, Suite 465 Charlotte, NC 28209 Telephone No.: Size and Location of project (water body, road name/number, town, etc.): Berewick Commons Parkway - A Major Thoroughfare from Shopton Road West (SR 1116) to Dixie River Road (SR 1155) through Berewick -Approx. 16 acres in R-O-W; in west Charlotte Description of Activity: Construct a public thoroughfare which would connect Shopton Road and Dixie River Road. This roadway is depicted on the Thoroughfare Plan for Mecklenburg County. As part of the project, it will be necessary to construct crossings on 2 separate unnamed tributaries to Beaverdarl C~-een impacti.ig approximately 280 Li of stream channel. The perxnittee shall mitigate for 280 linear feet of unavoidable impacts to perennial stream channel associated with this project by payment to the North Carolina Wetlands Restoration program (NCWRP) in an amount determined by NCWRP sufficient to perform 280 linear feet of warm water stream restoration in the Catawba River basin (Cataloging Unit 03050101). Construction within streams shall begin only after the permittee has made full payment to the NCWRP, and the NCWRP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: Regional General Permit Number. 14 Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work, you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date April 23, 2003 Corps Regulatory Official Steve Chapin Telephone No. (828) 271-7980x5 Expiration Date of Verification Apri123, 2005 cc: Mr. Leonard S. Rindner CESAW Form 591 Revised July 1995 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. X00330597 County MM ..kec lenh»rg Quad CHART (~TTF WF.4T GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Pappas Properties, Incorporated / Attn: Charles Teal Address: 4201 Congress Street, Suite 465 Charlotte, NC 28209 Telephone No: Zone: 44 UTM or LAT/LONG: North: 3891567 East: 498277 Size and Location of project (water body, road name/number, town, etc.): The proposed thoroughfare wil] connect Shopton Road West and Dixie River Road, in Charlotte, Mecklenburg County, North Carolina. Description of Activity: This permit authorizes the construction of a thoroughfare known as Berewick Commons Parkway. Impacts to stream channels authorized by this permit are 2801inear feet. Compensatory mitigation requirements have been met based upon the reciept of payment from the N.C. Wetlands Restoration Program in the amount necessary to restore 280 linear feet of stream channel. This permit is an extension of the previous authorization dated Apri123, 2003 and will be valid for an additional year beyond the original expiration date of April 23, 2005. Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344) (creel: ull that apply) Section 10 (River and Harbors Act of 1894) Authorization: NW 14 Nationwide Permit Number Your work is authorized by this Regional Genera] (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water Quality, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the pemuttee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date: April ~~Znn3 Corps Regulatory Official: Amanda D. Jones Telephone No.: (828) 271-7980 x.231 Expiration Date of Verification: April 23, 2005 CC: Len Rindner ~~~ W A T~~4 ~O ~ ~ r ~_ -I Mr. Charles Teal Pappas Properties, Inc. 4201 Congress St., Suite 465 Charlotte, NC, 28209 December 11, 2003 DWQ# 03-0243 Mecklenburg County APPROVAL of 401 Water Quality Certification with Additional Conditions, Wetland Restoration Program Dear Mr. Teal: You have our approval, in accordance with the attached conditions, to place permanent fill in 280 linear feet of perennial streams in order to construct two road crossings associated with the Berewick Commons Parkway in Mecklenburg County, as described in your application received by the Division of Water Quality on March 4, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3404. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you on April 9, 2003. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 26 .0233(10). Until the Wetland Restoration Program receives and clears your check (made payable to: DENR -Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at (919)733-5208 if you have any questions concerning the Wetland Restoration Program. You have one month from the date of this Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 280 linear feet of perennial streams in the Catawba River Basin, Cataloging Unit 03050101, and 280 linear feet of stream mitigation is required. Please be aware that the Wetland Restoration Program (W RP) rules require rounding of wetland impacts to the nearest foot (15A NCAC 2R .0503(b)); 2. A Stormwater Master Concept Plan is attached to and made a part of this certification. The City of Charlotte Engineering and Property Management Division has endorsed this plan and will provide reviews/approvals of all final plans and specifications for construction of stormwater management facilities. Any change to the Stormwater Master Plan Concept must be submitted to and approved in writing by the Division of Water Quality. All development in Berewick (including the Berewick Commons Parkway) as defined on the approved conditional zoning plan shall meet the requirements of the Lower Lake Wylie Watershed Protection Overlay District. (Total Berewick land area = 745.88 acres). In addition to the removal of 85%TSS from runoff for all areas having greater than 20% impervious in the Critical Area and 24% in the Protected Area, a minimum of 95% of all impervious cover in Berewick (including the Berewick Commons Parkway), irrespective of the impervious cover within any individual development "pod", shall also have a minimum of 85%TSS removal. 85% TSS removal shall be achieved by_theuse ~~ r~~,ue N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (h~•//h2o enr state.nc.us/ncwetlands) !-'„~r.,mar CcrvirP !k• t _R'T7_F~4_F7dR 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 Coleen H. Sullins, Deputy Director Division of Water Quality Mr. Charles Teal December 11, 2003 of stormwater management practices designed according to the latest version of the NC DENR stormwater Best Management Practices Manual. For the aggregate total of the maximum "allowable impervious cover" in Berewick (including the Berewick Commons Parkway) (432.86 acres) no more than 21.5 acres of impervious cover within proposed low density development areas may be permitted without BMPy) spuffp lent to provide 85%TSS removal. Any specific area of Berewick. (including the Berewick Commons Parkwa ro osed to be developed at less than 20% impervious in the Critical Area or 24% in the Protected Area, where 85%TSS removal is not provided for all impervious cover, shall as a minimum provide velocity dissipation by dispersion of stormwater with non-erosive velocities at the boundary of the SWIM (stream) buffer(s). A tabulation of impervious cover in Berewick (including the Berewick Commons Parkway) shall be submitted with every request for individual development "pod" or sub-area of development, clearly indicating the amount of impervious cover proposed within the specific project and the cumulative impervious cover for all of Berewick (including the Berewick Commons Parkway) including a breakdown of the impervious area receiving less than 85%TSS removal; 3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http~//h2o enr state.nc.us/ncwetlands . 4. You are required to return the attached Certification of Completion form to notify DWO when all work included in the 401 Certification has been completed. 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 which conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in our Mooresville Regional Office at (704) 663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerely, ~ ~, ~,,,~~ ,. Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105 Matthew W. Anderson, City of Charlotte, 600 East Fourth St., Charlotte, NC 28202-2844 030243rev ~ t t Mr. Charles Teal December 11, 2003 NORTH CAROLINA-DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, Mr. Charles Teal of Pappas Properties, Inc. has permission as outlined below to fill 280 linear feet of perennial streams in order to construct two road crossings associated with the Berewick Commons Parkway in Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM LOCATION: COUNTY: BASIN/SUBBASIN Impacts: 280 linear feet of perennial streams Berewick Commons Parkway Mecklenburg Catawba (03-05-01-01) As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Mitigation: 280 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated March 11, 2003, the WRP indicated that up to 560 linear feet of stream mitigation will be conducted by WRP if necessary for the 404 Permit. Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503(b). One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM. Signature Date WETLANDS RESTORATION PROGRAM DIVISON OF WATER QUALITY 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208