20050064 Ver 2_Application Modification_20070124

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LEONARD S. RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
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
Re• Berewick, Charlotte, Mecklenburg County, North Carolina
Dear Madame and Sirs:
~~'~~~ p
DENR -WATER QUALITY
WETLANDS AIJD STINiMWATER BRANCH
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 financial 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) Mitisation 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.
~,...~,
~~
1=,eonard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist

Sugsested 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
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 of 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.
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 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 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
support documentation submitted by the applicant the mitigation requirement has been met by a
payment 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

Su~~ested 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
Charlotte, 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 Chazlotte, 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 Harbors 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 aze 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 [phone]) 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

^55 1
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Date: Il19/07
Scale: rv.TS. BEREWICK
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VVETL,gNDS EXHIBIT
Project #: 1006084
133 N Gnlum Svr Chrluu. NC 18202
Sheet #:

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USGS TOPO MAP
USGS Charlotte West (NC) Quadrangle
Date: (/19/07 BEREWICK
sale: Iv.T.s. WETLANDS EXHIBIT L
Project #: 1006084
Zl3 N GNwm Sv..[ Chubtt4 NC ]8Wi
Sheet #. V: 7M~3D+3A375 F. 70/~3iJ116
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Date: I / 19/07 BEREW I C K
sale: 1°= looo~ WETLANDS EXHIBIT L~~®
Project #: 1006084
233 N Gruen $b'wt Chrbtos. NC 3ffi03
Sheet #: V: 704333A336 F. 1013333216
EX I.3 PERMIT SUMMARY MAP ~~a

... ~ .___._. _~ . ___a_,..~_ ..m.~~ __.. _ _ __.
BerewlCk Wetlands Permit Summary
:_ _ :__.
PROJECT NAME IMPACT 'NWP # Permitted
;BEREWICK RESIENTIAL ' B 39 '135 LF Stream ';* B [ 39 .124 LF Stream (As-Built) *

(USCOE 200230598
_.~ ._.__w__.__.__ _ _...,_.
_.__.___~
.. €
,......
_
.DWQ 03-0249
....

_....
_._
,(NO CHANGES ANTICIPATED) _ ~ l
'BERWICK COMMONS PARKWAY C ~ 14 '109 LF Stream C 14 125 LF Stream *
_.._.__w_._,_~....._._,___._..~.. _...._.,... _.-.... _. ... ...............w_._.~.._.._.,..~_.,,. ..,. _._.._ _~..._._.__..~... ..,...._.... ,.,..._,.-~ .._,_.. _,.._.
USCOE 200330597
° ~_ _
_.,__ _.~
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.DWQ 03-0243 __~
D -
_
14 =171 LF Stream
~ * D TED ROAD CROSSING
:ELIMINA
;NEW DIXIE RIVER ROAD
.
. __..~..
. E 14 `0.2 AC Wetlands'...
.. ~__~........ _ _ ... ,.. _.., E `SEE BEREWICK TOWN CENTER
.
. __._. _._...._ r_ ..~___.......~ ~. ,
.
USCOE 200231321
...._.._..
_..
-____-____
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DWQ 02-1410
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F
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14
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14
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150 LF Stream
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I _ ... , -~.. _ _ .... _.., ,- __.. ~. _ -
: ,
H 14 ;.100 LF Stream `* H I 14 236 LF Stream '
BEREWICK TOWN CENTER ` E 39 30.20 AC Wetlands
USCOE 200531044 I
DWQ 05-0064 I 39 115 LF Stream I 39 `115 LF Stream
J 39 .230 LF ~ J~ 39 230 LF
_~._. _..-.,. __._._.... __..._...._._,....
_.._-________..._ ............_. _.... _..„,,_._._...._
? _.._...._,._ ._.,_..__._.,,._. _-..
Intermittent Stream ...w Intermittent Stream
0.02 AC Wetlands 0 02 AC Wetlands
K 39 :834 LF K 39 834 LF
Intermittent Stream Intermittent Stream
,155 LF Intermittent
_...._

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s
Stream
Date: I / 19/07
Scale: N.T.S.
Project #: 1006084
Sheet #:
EX 1.4
BEREWICK
WETLANDS EXHIBIT
PERMIT SUMMARY CHART
LandDesign
273 N GMUn Scrc Chrlom5 NC 78302
V: 70i333A375 F. 1043323N6
.,ww.Wao.~.~n
Total Stream Impacts ± 2,569 L Total Stream Impacts Required ± 2,569 LF
__.
Streams Requiring Mitigation
°± 790 LF
* Stream Impacts Requiring
=± 755 LF
_.. _ .
(paid to NCEEP)
.
. Mitigation
,....._.
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:Intermittent Stream Impacts - + 1,664
_
L Intermittent Stream Im acts -
p
.... _. . + 1,814 LF
Perennial Stream Not
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Requiring Mitagation
:Wetlands Impacts I+ 0.43 AC Wetlands Impacts '± 0.43 AC

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~ate:01~19~07 BEREWICK
scale: 1 ° =1000 WETLANDS EXHIBIT Lana~S~Cl
Project #: 1006084
233 N GM~m $bMt CMoaa NC 3112M
sheet #: V: 101333A315 F 1IN3323216
EX I.5 PROPOSED PERMIT SUMMARY MAP `~~d

(NO CHANGES ANTICIPATED)
BEREWICK RESIENTIAL B
_.db,..._. , ~_ . ~e...m._d _.~~ _.. _~._. . _..... .
iUSCOE 200230598
DWQ 03-0249
'(NO CHANGES ANTICIPATED)
39 '+ '' 124 LF Stream (As-Built)
'BERWICK COMMONS PARKWAY C
_ . _.... .
USCOE 200330597
DWQ 03-0243 D
NEW DIXIE RIVER ROAD F
USCOE 200231321
DWQ 02-1410...... __._ G
H
BEREWICK TOWN CENTER E
U_SCOE 200531044
DWQ 05-0064. , ~...
J
L
14 125 LF Stream *
µ.__...., ~_.._.._. _ _ __._._ _.__.._.~_._m____....~
Not Used ,
Not Used
14 150 LF Intermittent Stream
14 236 LF Stream
39 ~ ~ 0.20 AC Wetlands
39 ~ 115 LF Stream
~_ 39 =230 LF
~_.... ~~.._ ,..____. _..M,.._.k.~....~_...__._, ...._....._ ..._...__ _.....
Intermittent Stream

....... ...... .._ ....
0 02 A C Wetlands
..........q......~...............d,....................~....~...,,................ .............w........................,..... .........

.._ ~__ 39 ._ _.. _., 834 LF .._~... . _..,___.~ ~..~ ...._. _._ ... .....
Intermittent Stream

39 _ __._ ._ _ _. _M..__ .~ .~..,._._
155 LF Intermittent "
,. .Stream My
Date: I/19I07 BEREWICK
scale: rv.TS' WETLANDS EXHIBIT L
Project #: 1006084
721 N GNrn Snr~ CLrtlo[o. NC 74103
5fleet #; V: 70{337.0335 F. IINd727TM
EX I.6 PERMIT SUMMARY CHART -PROPOSED ""i1idD"°`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
[phone]
*Subject to verification by the USACE and NCDWQ
Original Submittal Date :1/2005
REVISED :January 22, 2007
n,.~,. i „r i i

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 specifically 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 Cert~cation 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°!o 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, "pods, 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 retum 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 1508 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 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
Fife Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105

'Sep 17 05 07:50a Leonard S. Rindner ?04 847 0185
SEP.iS.Z@05 1@=13AC7 N0.51~ P.1
r
WII.MINCrTON DISTRICT
Action ID. 20053IOQ4 County: Mtcidenbnr~ USG5 Quad: Charlotte West
GENERAL lP3ERMIT (1REGIONAL AND NA7CIONWIIDE} VERIFICATION
Property Corner / Arthori2ed Agent: IDi~eie 121yer Land f'ompanv / Attn: Charles Tsai -
Address: 7?AI Can~ess Street, Smite X465
Charlotte, NC 28209
Telephone No.:
Size and locaticsts of pttsper#y (water body, road namrJnunalter, town, etc.?: The aronnsed Berewiek
T_owa Center is k-cated as ffie awrth aad sautk lade of Disie P.ivetr Road. adtacem to Berer.ick
Commons Parlcwav in Clfsrlntte, McCklenbar~ Coa»ty 4~inrth Carolina.
Description of projects area and ac4iviry: This permit authorizes the iasttillatioa of culverts and
~Iicement of ffi assodattd r-i#h the rnnstrnetlan of resldeptial aad comamerral development
known as Srresvicic Town Center Permanent imya~ to rr.ters of the L1.a~. attt5asiced by thus
»ermit are l 064 Ifoacar feet of irrtetlmitEcat (uaiusz-f~ scream c6anne1.115 linear feet of
Qereaaial stream elw6nel~sndU.tti2 acre aiwetland.S.
~cia1 t:,ogditBoas
Mkigatiaa:
1. To provide compensatory mitigation for the proposed imparts, the pemiittee will
preserve approximately 2.655 linear feet of 6trcaizl c#~set a»d adjaccrt 3S-foot ripaxiari
baffeT on the pmperty, 'the coxzservationlapitigatioa areas as shown. on the attached plans
are to retrain in their nemiral state in perpetuity- No person ar entity shall perform zny of
the following activities itt the conservation area:
1. fill, grade. excavate or perform any other land disturbing activities
2. cut, maw, buxn, remove, or harru any vegetation
3. construct or place any roads, txail5, walkways, buildings, mobile homes, signs;
utility poles or tawerr~ ar any other punt or temporary structures
4. drain or otherwise disrupt yr alter the hydzalogy of drainage ways of the
conservation area
5. dump or stare soil, trash, or other waste
6. gaze or water animals, or use fpr any agricultaera] or horticultural purpose
Any covenants recorded in order to satisfy this section must include the above restrictions
and the following language. "This covenant is intosided to ensure contittuad cotugliance
with the mitigation corditien of a Clean ttVatcr Act authorization issued by the United
States ofAmeriea, U.S. Artry Corps of Fatgineess, Wilsningtott District, Action ID
200531044, and therefore msy be enforced by the United States of America. This
covenant is Lo run with the tand, and shall be binding on the ©wner, and all parties
claiming under it.
P•~
2, Permittee shall execuu and cause to be recorded in the Mecklenburg County Register of
Deeds, restrictive covenants acceptable to kQe Corps of Engineers for the purpose of

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
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htt~//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 cart of the original alignment of Dixie River Road and is
cart 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 (2801fl, 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 [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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
n,.~,. o .,r i n

Sep ?.7 OS 07:51a Leonard 5_ Rindner 704 847 0185
N0.613 P.~
SCP . 15.20E15 16 ~ 13AP1
lrtaitYtainung the streams and riparian buffer areas (conservation areas), as shown on the
submitted site play dated Dccernber 2©04, prepared by I,andDesign. The permittee wiU.
record restrictive covenants for the purpose of tnaintaittiag the mitigation areas in t4teir
nattstal state in perpetuity, acxt:ptable in the Carps of Engineers, prior to the sale ar
conveyance of any Pots ar other property within fhc subdivisions. Fertnittee shall provide a
copy of the recorded covenants and plat to the Corps of Engineers within thirty days of
rt~tordation.
Applicable Law: ®Secaoa 464 (Clean Wader Act, 33 USC 1344)
Sectiart 10 Given and Harlwrs Aef, 33 l3SC 403)
Atnthotizatioa: Regional t",enetal Permit Ntnmba:
Nationwide PCmut IJwaber. 3S
Your work is atithoa2ed hS' for above rcfercneed permit provided it is accotnptiahed is strict aeeordaace with rite
attached I~iationwide caroiditiaas and your submitted plws. Any viatation of the attsctted conditions ar deviacon
from your submitted plans may mUject the pcrmittee W a stop work order, a restotsaaa order andlor appropriate
legal action
This vexiStation will remain valid anal the t:xp6ration dste identified Ue1op' unless the n:atitt>!~ authorizxttan
is tiaadified, suspended or rcvaiced. If; prior tb rho expiration date identsfied boEoe. the mt'sonpide permit
aartbor;zBtioa is reissued andlar modi5ed, this v~tAtian will rctttaia valid renal the tnxgirs>ion date edenaticd
bebow, provided iT complies aunts all cegturemiems of tht enadif~cd ustionwidc permit. If tIte tnacicamide permit
sushotizatioa estpir>is or is suspended, sevoJctd, or is trwdifud, salt that the activity wattld no longer eompty wills
rho tsrmc and ooaditiom of tha nationwide permit, activities wtticb have caattmenccd (ie„ are fader constxtnctioa) or
arc wader coaasct to rnmtruaee in rtstiance upon the nationwide petnrit, ws71 roanaun sttth,orized provided cite attirity
is completed wither tt+vcive mouths of else date of the nationwide permit's cxpiratiou, tnodifttxtian ar rt:T+ocaaoo,
tmteae discretionary atnthariry bas been ctcr:cised on a ca,6e-by-case basis to modify, a~tupcad or revoke t3se
authorisation.
Activities sub,{ect to Session 404 (as indicsted above) map also squire an individual Section 401 Wader Quality
C.ettiGcatiots Yau abou?d contact the tSC Division of Watts Qttat"sty (telephon=e [phone]) to determine
Seetion40I requirer~ts.
Far nctiviues accuerirsg althirt the ttgenty coastal cotmtics Subjtc2 tb rogulatioa trader the Coestat Area
blaaagemerd Ace (LAMA), Prior w beginning wC~rlc you must contact the N.C. Division of Coastal Maaagctssrnt .
?his DePartmetu of the Army verification does not relieve the pertuittec of the resPansibih'ty to obtain nay other
regtnired Fodetai, State or local approvalslpctmits.
If theat; arc any gtsenuo~ regarding thLa vitrification, any of the condition of et-e Pemnii, or tht Corps of
Engittee:s regulatory program, please cotrtucx Amaatia Jotus at &28-x7l-7980 x?~I.
Corps Regulatory Official Atrtanda Janes Date: July S, 21105
Expiration Dam of Verification: March Y8, 2007
-2-
Detcrmtiination of .letrisdicteoa:
p.3
^ 9ascd on preliminary ia{ormaaioz; there appear to 6e waters of cite US including wulands within the Above
deacnbed project area. This prelimiaasy dcttrrotnation is ooz an appealable action tinder tttc Regulatory
program wdministrerive Appeal Process (ReEerencc 33 Ci;tt Part 331).