20050294 Ver 1_Complete File_20050215

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Michael F. Easley. Governor

WilIillm G. Ross Jr., Secretnry
North Carolinll Department of Environment llIld Nll1urul Resources

Alllll W. Klimcl.:. P.E. Director
Division ofWll1er Quality

March 4, 2005
DWQ# 05-0294
Mecklenburg County

Ms. Kimberly Young
Metrolina Properties, LLC
1341 East Morehead St., Suite 201
Charlotte, NC 28204

Subject: Alexandera Village

APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Young:

You have our approval, in accordance with the attached conditions and those listed below, to impact
0.25 acre of wetland and 145 linear feet (If) of unnamed stream to Long Branch in order to construct the
Alexandera Village Development in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on February 15, 2005. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our
web site at httD://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide
Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.

The above noted Certification will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.

In addition to the requirements of the certification, you must also comply with the following conditions:

1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place once the 404 Permit has been issued or within 30 days of the date of this letter (whichever is later). A
sample deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h20.enr.state.nc.us/ncwetlands.

2. The Mooresville Regional Office shall be notified in writing once construction of the development has begun.

3. The culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered (Le. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below locations of each
culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream
grade shall be re-established or, if the pipes are installed in a perched manner, the pipes shall be removed
and re-installed correctly.

~rthCarolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville. NC 28115 Phone [phone]
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/AfillTl1ative Ac+Jon Employer - 50% RecycledJ10% Post Consumer Paper

Customer Service
1-877-623-6748

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The applicant must submit a plan and receive written approval from this office to address any head cutting
that may as a result of this project (e.g., use of cross vanes downstream of the culvert).

Use of native vegetation and other soft streambank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be place in the stream
bed, unless approved by the DWQ.

4. Stormwater discharge points shall be constructed in such a manner that the potential receiving streams (of
the discharge) at the site will not be impacted by sediment accumulations, or scouring or erosion of the
stream banks.

5. A final, written stormwater management plan shall be approved (in writing) by the Division of Water Quality
prior to the construction of any permanent facilities at the site. The stormwater facilities must be designed
to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by
this Office) shall be constructed and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater controls, as approved by this Office, as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality.

6. 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.

7. 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.

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 two months of the date the Division of Land
Resources has released the project.

9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the Certificate of
Completion form.

10. Continuing Compliance. Metrolina Properties, LLC (Metrolina) shall conduct its activities in a manner
consistent with state water quality standards (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or

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achieved use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify Metrolina and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided toMetrolina in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.

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 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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

IJ. R-v Jr~

for Alan W. Klimek, P.E.

AKlaj

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, Mecklenburg Water Quality
Central Files
Len Rindner

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MAR 1 5 2005

DENR-WATERQUAUTY
\',ETlJJIOS IJIO STORl.U""TER BRAllCH

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i\liehJcI F. Easley, Govemor

WilliJI11 G. Ross Jr.. SeeretJry
North CJrolinJ DepJrtment of Environment Jnd NJturJI Resources

AIJn W. Klimek. P.E. Director
Division of WJter QUJlity

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March 4, 2005
DWQ# 05-0294
Mecklenburg County

Ms. Kimberly Young
Metrolina Properties, LLC
1341 East Morehead St., Suite 201
Charlotte, NC 28204

Subject: Alexandera Village

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Ms. Young:

You have our approval, in accordance with the attached conditions and those listed below, to impact
0.25 acre of wetland and 145 linear feet (If) of unnamed stream to Long Branch in order to construct the
Alexandera Village Development in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on February 15, 2005. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3402, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide
Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.

The above noted Certification will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.

In addition to the requirements of the certification, you must also comply with the following conditions:

1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place once the 404 Permit has been issued or within 30 days of the date of this letter (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.

2. The Mooresville Regional Office shall be notified in writing once construction of the development has begun.

3. The culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered (Le. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below locations of each
culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream
grade shall be re-established or, if the pipes are installed in a perched manner, the pipes shall be removed
and re-installed correctly.

One, C I'
Nor 1 am ma
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North CJrolinJ Division ofWJter QUJlity 610 EJst Center Ave., Suite 301 Mooresville. NC 28115 Phone [phone]')<)
Intemet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper

Customer Service
1-877-623-6748

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-

achieved use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify Metrolina and the US Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided toMetrolina in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.

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 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 Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.

Sincerely,

for Alan W. Klimek, P.E.

AK/aj

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
David Caldwell, Mecklenburg Water Quality
Central Files
Len Rindner

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Alan Johnson
RAX GIArlSnn

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Alexanderana Village c/o l\Ietrolina Properties LLC
Project Number 05 0294
Recvd From APP

County Mecklenburg
County2
Region .Mooresville

Received Date 2/15/05
Project Type residential

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

I 39 I OTE I@Y ON I 111-120-(2.51 WSIV 1 130,834. I 0.251 145.00
I I IOY ON I I r--I I I I
<
,

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? @ YON
Is Mitigation required? 0 Y @ N Recommendation: @ Issue Olssue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 352153 Longitude (ddmmss) 805114

Comments:
Staff visited the site on date unknown for a pre-application meeting The site is adjacent to /near the
construction of a new mall on 1-77 north of exit 18 A pond is located at the headwater of a stream
The stream is intermittent The pond is to be drained and the stream piped (145 ft) 3/01/05
Stormwater plan is required Issue by MRO

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Date:

2/21/05

Project Name: Alexandera Village
DWQ#: 05-0294
County: lVleckIenburg

To: Alan Johnson, Mooresville Regional Office

60-day Processing Time: 2/15/05 to 4/15/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream determination
D Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested infonnation to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

"

Alexanderana Village

Charlotte, North Carolina

Joint Application Form and Supporting Documentationfor

NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS

NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCES

Prepared For:

Ms. Kimberly W. Young
Metrolina Properties. LLC
1341 East Morehead Street. Suite 201
Charlotte. NC 28204

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FEt3 1 !) 7005

Prepared By:

. DENR . WATi:R QUA,L1TY
\'ETU.J~DS AND STOR.I.fiVATER BRAnCH

Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]

* Subject to verification by the USACE and NCDWQ

Date: 2/2005

Page I of9

FEB 1 5 2005

DENR - WATER QUALITY
WETW.DS AND STORMVr'ATER BR!J~CH

Office Use Only:

Form Version May 2002

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or ''N/A''.)

I. Processing

1. Check all of the approval(s) requested for this project:
X Section 404 Permit 0
o Section 10 Permit
X 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: 39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: 0

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:

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: 0

II. Applicant Information

1. Owner/Applicant Information
Name: Ms. Kimberly Young
Mailing Address: Metrolina Properties. LP
1341 East Morehead Street. Suite 201
Charlotte. NC 28204
Telephone Number: 704 344-1868 Fax Number: 704-344-2305
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
Company Affiliation: Environmental Planning: Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews. NC 28105

Telephone Number: 7048460461
E-mail Address:lrindnerwkarolina.rr.com

Fax Number: 7048470185

III. Project Information

Page 2 of9

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Alexanderana Village

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Mecklenburg County Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
Intersection of Alexanderana and Northlake Center Parkway

5. Site coordinates, if available (UTM or Lat/Long): 35.36470N, 80.85390W (WGS84/NAD83)
USGS Derita Quad (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): + 20 Acres

7. Nearest body of water (streamlriver/sound/oceanllake): UT of Long Branch

8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mups/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Former single family residential. abandoned agricultural.
and timbered woodland.

10. Describe the overall project in detail, including the type of equipment to be used:
Proposed commercial development.

Page 3 of9

11. Explain the purpose of the proposed work:
Create commercial development. provide stormwater management.

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 ill 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 NCDOI project,
list and describe permits issued for prior segments of the same I.LP. project, along with
construction schedules.
The upper portion of the pond was impacted in coni unction with the Northlake
Center Parkway. Bv providing storm water treatment. this proiect meets the obiectives of the
Quantitative Analysis that was conducted for that proiect.

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 impacts are not expected. Impacts to streams and wetlands on the proiect are limited
to the remnants of the former pond bed and a small section of stream.

VI. Proposed Impacts to Waters oftbe United States/Waters oftbe 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: Proposed impacts to streams
and limited to less than 150 linear feet and the remnants of the former pond bed. Long
Branch is protected by SWIM Buffers and the proiect will provide stormwater management
in the form of an Extended Stormwater Detention Wetland.

Page 4 of9

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact IOO-year Floodplain** Nearest Stream Type of Wetland ** *
(indicate on map) (acres) (yes/no) (linear feet)
1 NWP #39 +/-0.25 no <150' recent emergent

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
.. lOG-Year floodplains arc 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 httn:llwww.fema.l!o\'.
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: .25 acres

Total area of wetland impact proposed: 0.25

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name" of Stream Intennittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 NWP 39 145' UT of Long Branch 3' intennittent

*

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, gab ions, etc.), excavation, ditching/straightening, ctc. 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 ur (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at
www.lI~e~.[!OV. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.tonozone.com.
wW\\'.man(llIe~t.com, etc.).

Cumulative impacts (linear distance in feet) to all streams on site: 145 If
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A

Page 5 of9

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)

*

LIst each Impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. 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): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

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
fmancial 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.
Permanent impacts to streams are limited to 145 linear feet of intermittent stream. Wetland
impacts are limited to +/- .25 acres of recent emer~ent wetlands associated with a pond bottom.
The developer will provide stormwater management facilities featuring an extended stormwater
detention wetlands to treat stormwater. SWIM buffers are required along Long Branch.

VIII. Mitigation

DWQ - In accordance with l5A 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

Page 6 of9

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://h20.enr.state.nc.us/ncwetlands/strm!!ide . h tm I.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.

Permanent impacts to streams are limited to 145 linear feet of intermittent stream. Wetland
impacts are limited to +/- .25 acres of recent emergent wetlands associated with a pond bottom.
The developer will provide stormwater management facilities featuring an extended stormwater
detention wetlands to treat stormwater. The remaining streams on the site will be preserved.
SWIM buffers are required along Long Branch.

2. 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 htto://h2o.enr.state.nc.us/wm/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):_Amount of buffer mitigation
requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Page 7 of9

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 0 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 (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0

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 0 No 0
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within l5A NCAC 2B .0233
(Neuse), l5A NCAC 2B .0259 (Tar-Pamlico), l5A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No 0 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 Multiplier Required
(square fcct) Mitigation
I 3
2 1.5
Total

.

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

Page 80f9

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.

A stormwater management plan will be provided for areas of the project, as required. This is
consistent with the Quantitative Analysis that was conducted for Northlake Center Parkway.
Plans and specifications will be submitted to NCDWQ for approval to meet the conditions of the
401 WQC when issued.. Because the project is within the drainage basin of Long Creek which is
on the 303d list the stormwater facility will be a extended stormwater wetland according to the
general certification requirements. Approximately 1.2 acres has been set aside to construct this
facility .

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

XIII. Violations (required by DWQ) NA

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No X

Is tltis all after-tlte-fact permit application?
Yes 0 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).

Ie

~

ApplicanUAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 9 of9

FEB.10.2005 11:45AM WITHROW CAPITAL INC

NU.c:U.::S

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Withrow Capital, Inc.
1341 East Morehead Street
Suite 201
Charlotte, North Carolina 28204
Telephone: [phone]
Facsimile: 704-344-2305

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February lOt 2005

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Mr. Leonard S, Rindnert PWS
3714 Spolceshave Lane
Matth~~t NC 28105

R.e: Wetland Consultation - Agent Authorization Leuer Alexanderana Village

Dear Len:

Tbisletter authorizes Leonard S. Rindner, PWS as our fIrm's agent in matters related to
Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Anny Corps of Engineers and the North
Carolina Department of Natural Resources.

Property Owner(s)t if applicable

Printed Name and Addre$s:
MetroIina Properties LP
1341 E. Morehead St.
Suite 201
Charlotte, NC 28204

Please cOI.1~act me if you have any questions ot require additional infoIm~tion.

With ~~t regar~J I am

Very truly Y{)l;llS,

METROLIN'A PROPERTIES LP

Kt'"
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Kimberly W. yoJ{g
Asset Manilger

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Mecklenburg County, NC POLARIS

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Mecklenburg County, North Carolina
POLARIS

Property Ownership Land Records Information System
Date Printed: Sat Feb 1209:26:37 EST 2005

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This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information

contained herein.

http://maps2.co.mecklenburg.nc . US/ serv let! com.esri.esrimap .Esrimap ?ServiceN ame= RealE... 2/12/2005

.....

The applicant must submit a plan and receive written approval from this office to address any head cutting
that will may as a result of this project (e.g., use of cross vanes downstream of the culvert).

Use of native vegetation and other soft streambank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be place in the stream
bed, unless approved by the DWQ.

4. Stormwater discharge points shall be constructed in such a manner that the potential receiving streams (of
the discharge) at the site will not be impacted by sediment accumulations, or scouring or erosion of the
stream banks.

5. A final, written stormwater management plan shall be approved (in writing) by the Division of Water Quality
prior to the construction of any permanent facilities at the site. The stormwater facilities must be designed
to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by
this Office) shall be constructed and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater controls, as approved by this Office, as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authoriza,tion from the Division of Water Quality.

6. 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.

7. 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.

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 two months of the date the Division of Land
Resources has released the project.

9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the Certificate of
Completion form.

10. Continuing Compliance. Metrolina Properties, LLC (Metrolina) shall conduct its activities in a manner
consistent with state water quality standards (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or