HomeMy WebLinkAbout20030243 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
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WEtLAt~7SA~WDS1(;Ft~AWr1 EIR~RAMCM
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 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) 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.
~~, ~
Sincerelyr.-~°~
~;~nard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
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 125 linear 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
~avment 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 150 linear 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
Suggested Tezt Modifications to Action Id. 200330597 -Berewick Commons
Parkway
Action Id. 200330597 County: Mecklenburg 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
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 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 are 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 linear 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 Harbors 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 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: January 22, 2007
Corps Regulatory Official: Steve Chapin
Expiration Date of Verification: March 18, 2007 Telephone No: (828) 271-7980 X 224
1355
1116
Datc 1~~9~07 BEREWICK
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scale: rv.TS. WETLANDS EXHIBIT
Project #: 1006084
773 N GM~m Sb~rt ^rluq NC 78503
Sheet #:
EX ~ . ~ V: 101333.0375 F 70{337.3716
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USGS TOPO MAP
USGS Charlotte West (NC) Quadrangle
Date: (/19/07 BEREWICK
sale: rv.T.s. WETLANDS EXHIBIT L
Project #: 1006084
273 N GMun Swat CMbma NC 7ffiV!
Slleec #: V: ]O{333A725 F. 10/J323M6
EX - 1.2 OVERALL TOPO ~~~~~~
Berewick
Commons Parkwa
y
A Thoroughfare
Segment Through Berewick
Charlotte, North Carolina ~
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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
lvEr ~i:~~. wArF~ r~uA~.i; i
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Office Use Only' Form Version May 2002
USACE Action ID No. DWQ No. ~ 3 - O a y' 3 ~ °~''
(If any particular item is not appncanie co tms pro~cc~, ~ica~c ~~,«~ ~.~~ .~~,Y...,~.,~., ~• ~ ~- ~ - •~
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: ^
II.
1
Applicant Information
Owner/Applicant Information
Name:
y
:~
a q ~~ .~
Mr. Marty Davis •-
Dixie River Land Company ;. .-,
~~'
6000 Fairview Road, Suite 125 `°:`b,~;,..,~:, ., cv~;;:, .,, .:~
Charlotte, NC 28210
Telephone Number: 704-716-3900
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: lrindnerncarnlina rr com
Fax Number:
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 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 proj ect: Berewick Commons Parkway -
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 thoro~hfare 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 Ri¢ht-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
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
Parkway to connect Shopton Road West (SR1116 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.I.P. project, along with
construction schedules.
Berewick is aproposed 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 se~nent of I 485 and the airport expansion Project development and environmental planm~
has been carefully developed with the C~ of Charlotte The wetland delineation was verified by the
USACE (Steve Chapin) with additional verification conducted by Amanda Jones. Meetm~s were held
with the USACE and the NCDENR on March 16 March 23 Apnl 16 May 18, 2004 to review the
develo ment of the ro osed ro'ect. A meetin 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 Citv of Charlotte, the plans for
the overall Berewick proiect has been modified to coordinate with the new alignment of Dime River
Road Therefore a modification to the issued Nationwide Permit is necessary. In addition to Diane
Berewick Commons Parkway, Berewick Towncenter, and Dixie Rrver 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 projects. The
Qroposed 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 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 Cvndi Karoiv 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 projects 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 crossings.
These intermittent streams proposed to be impacted within Berewick were also verified
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**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
. t.....:+,.,~ + ..1.., ..o.i ~lP nrarlino fill
* List each impact separately and identify temporary impacts. impacts mciuuc, uu~ ~~ t=~= ___._._~~ ~~• __=~~==W~=~~~ """"°-c+ a-°-~~-o. -~--'
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.eov.
*** 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 „c t n
r,,,a;.,;.t„ott~~ list att ;nterm;ttent and perennial stream impacts below:
llltll Y 1
Stream Impact
Site Number
(indicate on ma) l.L UlA11~ ii~a ..aii u...v
Type of Impact* ++.++..~-+- ~-
Length of
Impact
(linear feet} -- -
Stream Name**
Average Width
of Stream
Before Im act
Perennial or
Intermittent?
(leases ecify)
C NWP# 14 125 if 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.usgs.sov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.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,
(
bay, ocean, etc.)
.,_..a~:....
* List each impact separately and identify temporary impacts. Impacts mciuae, but are not umneu ~o: uu, excava~,vu, u«u~«~~,
flooding, drainage, bulldteads, 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/embaukment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
n..~.. c ,.r 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~roposed commercial business and residential village that is part of the City 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 sisnificant
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/strm~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 paid 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 lfl +/- 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 t 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 perpendicutar from near oanx or cnanney wne ~ cx~cuu~ ~,
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
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..oin
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 schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/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 -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. Thrs
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. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
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Date: 1/ 19/07
BEREWICK
Sale: N.T.S.
WETLANDS EXHIBIT
ID
Project #: 1006084
Project
333 N G,*— S— ChOo- NC 78203
Sheet #:
V: 701.333.0335 F. M4 3232"
.L4D.+iv,—
EX 3.1
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Date: (/19/07 BEREWICK
Scale: I° = 400' V~/ET~gNDS EXHIBIT L~~
Project #: 1006084
213 N Gn6.m Scwt C~ NC 16101
V: 701333A333 F. 70/3323316
Sheet #: w...,.~aomb.~
EX 3.4 BEREWICK COMMONS PARKWAY -ENLARGEMENT
,,
North Carolina
Department of Environment and Natural Resources ~
1 f
~~ ~~
Michael F. Easley, Governor N C D EN R
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
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 2801inear 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,
~~~ ~
,,~
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
Beaverdar~ C: een imiaactiug approximately 280 I.F of stream channel.
The permittee 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 April 23, 2005
cc: Mr. Leonard S. Rindner
CESAW Form 591
Revised July 1995
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. ~OO3'TO597 County Mecklenhnr~ Quad ('HART,(4TTF. WEST
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 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 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 2801inear feet of stream channel. This permit is an extension of the previous
authorization dated April 23, 2003 and will be valid for an additional year beyond the original expiration date of
Apri123, 2005.
Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344)
(checl: all that apply) Section 10 (River and Harbors Ac± 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 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: April y
Corps Regulatory Official: Amanda D. Jones
Expiration Date of Verification: Apri123, 2005
Telephone No.: (828) 271-7980 x.231
CC: Len Rindner
1 1 ~
~~~ W AT ~R4
~~ ~
r? " r_
~_ ~
~ ~
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 duality 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:
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 (WRP) 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 b the use
r~~:uer~a~c
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), (httu•/lh2o.enrstate.nc.us/ncwetlands)
Michael F. Easley, Governor
William G. Ross lr., 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 ient 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 Duality 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
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 W RP indicated that up to 560 linear feet of stream mitigation will be conducted by W RP 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 fisted 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
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Date: I/19l07 BEREWICK
Scale: I"= looo' WETLANDS EXHIBIT Lal1C~~S1gYl
Project #: 1006084
273 N GtN.m Svw[ CMbmr. NC 7S1@
Sheet #: V: IIN333D375 F. 70/337376
EX 1.3 PERMIT SUMMARY MAP ~~~~
Berewick Wetlands Permit Summary
l(NO~CHANGES ANTICIPATED)
BEREWICK RESIENTIAL
USCOE 200230598
DWG 03-0249
;(NO CHANGES ANTICIPATED) B
' 39 .'.135 LF Stream !* B ' 39 ':124 LF Stream (As-Built) *
(.
BERWICK COMMONS PARKWAY C 14 '109 LF Stream °* C 14 125 LF Stream
~USCOE 200330597
DWO 03-0243 D 14 =171 LF Stream * D ;ELIMINATED ROAD CROSSING
NEW DIXIE RIVER ROAD E 14 10.2 AC Wetlands E `SEE BEREWICK TOWN CENTER
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IQ 05-0064 .._.-~
ER
Date: I / 19/07
Scale: N.T.S.
Project #: 1006084
Sheet #:
EX 1.4
BEREWICK
WETLANDS EXHIBIT
_ __
39 115 LF Stream "
__ __._.
L 39 ° 155 LF Intermittent
Stream
_ _ _
- ± 2,569 L Total Stream Impacts Requiredµ ± 2,569 LF
± 790 LF * Stream Impacts Requiring ~?± 755 LF
Mitigation
... ...............~.__....,_ F _ ,_~_.,. _..,_..~.._..
± 1,664 L Interrntttent Stream Impacts - + 1,814 LF
+ 115 ...
± 0.43 AC-Wetlands Impacts
PERMIT SUMMARY CHART
± 0.43 AC
LandDesign
233 N G~Ywn Sav ChY/xR NC 38302
V: 701333J1375 F. TI{3333N6
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Date: 01119/07 BEREWI C K
scale: 1°= Iooo~ WETLgNDS EXHIBIT La17.C~~Slg1.1®
Project #: 1006084
273 N GNxm Wes[ Chrloua NC IQ02
Sheet #: V: 701337A375 F. 70U3232/6
EX 1.5 PROPOSED PERMIT SUMMARY MAP ~~~~
600 LF Intermittent
Stream (As-Built)
_.
0.21 AC Wetlands (As-Built)
39 ' 124 LF Stream (As-Buitt)
'BERWICK COMMONS PARKWAY
`USCOE 200330597
;DWQ 03-0243
C 14 '' 125 LF Stream
D Not Used - ..~~_._.~.___..~,~._.
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USCOE 200231321 .~._.. ..,._~.._...
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Date: (/19/07 BEREWICK
s~a~e: ".TS• WETLANDS EXHIBIT L8I1C~~S1~1
Project #: 1006084
Sheet #: v~ra» A3 fls~FRrouCtriv~iu~ lsio7
EX I.6 PERMIT SUMMARY CHART -PROPOSED """~"°'~°'~"'