20030243 Ver 2_Approval Letter_20070112

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 12, 2007
DWQ# 2003-0243
Mecklenburg County
Mr. Marty Davis
Dixie River Land Company
6000 Fairview Road, Suite 125
Charlotte, NC, 28210
APPROVAL of 401 Water Quality Certification with Additional Conditions, Ecosystem
Enhancement Program -Modification
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 road crossing associated with the Berewick Commons
Parkway in Mecklenburg County, as described in your application received by the Division of Water
Quality on March 4, 2003 and in additional correspondence received January 24, 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 Cert~cation replaces the
one issued to you on April 4, 2005.
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 maybe required as described
in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification and the additional conditions listed below:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved
including incidental impacts:
Amount A roved (Units) Plan Location or Reference
Stream 125 (feet) (perennial) January 24, 2007
modi>ication re uest
401 OversightlExpressReuiew Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http:!~h2o_enrstate:naus%ncwetlands
N~°e Carolina
tura!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper

Berewick Commons Parkway
February 12, 2007
Page 2 of 4
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. 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 sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supersede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification and authorized by this written
approval, including incidental impacts. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
then design and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and
down stream of the above structures. All devices shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.

Berewick Commons Parkway
February 12, 2007
Page 3 of 4
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion -Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
If the Division determines that such standards or laws are not being met, including failure to sustain a
designated or achieved use, or that State or Federal law is being violated, or that further conditions are
necessary to assure compliance, then the Division may reevaluate and modify this General Water
Quality Certification.
8. Mitigation
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 payment to the NCEEP.
9. Stormwater Management Plan
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

Berewick Commons Parkway
February 12, 2007
Page 4 of 4
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."
10. Deed Notifications
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
11ttp:it`h2o.en:r.state.nc.us/ncwetlaJ~ds .
11. Certificate of Completion
You are required to return the attached Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final. and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone 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,
~Gy~ ` ~
~ Alan W. Klimek, P.E.
AWK/cbk
Attachments: GC 3404
Certificate of Completion
cc: Steve Chapin, U.S. Army Corps of Engineers, Asheville Regulatory Field Office
Alan Johnson, 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
Charles Teal, Pappas Properties, Inc., 4201 Congress St., Suite 465, Charlotte, NC, 28209
03 0243Berewick(Mecklenburg)401 rev2