20050993 Ver 1_Complete File_20050606

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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
July27-200,5
DWQ# 05-0993
Lincoln County
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Dr.
Chester, SC 29706
Subject: Villages of Denver S/D
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AUG 1 - 2005
APPROVAL of 401 Water Quality Certification with Additional Conditions
DENR - WATER QUALITY
15ETLAN S AND TM VATER BRANCH
Dear Mr. McClellan:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 281 linear feet (If) of perennial stream and 126 If feet of intermittent stream (unnamed
tributaries to Forney Creek) in order to construct the Villages of Denver Subdivision in Lincoln County,
as described in your application received by the Division of Water Quality (DWQ) on June 7, 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 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2.
The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures. These measures must be approved, in writing, by this office prior to
construction. Na?tncarolina
,aNrall11
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative AC,ion Employer- 50% Recycled/10% Post Consumer Paper

3. The planting of native vegetation and other soft stream bank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the streambed, unless approved by the DWQ.
4. 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.
5. 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.
6. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
8. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP)
in order to compensate for the stream impacts. 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 EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program), the stream impacts shall not occur.
You have one month from the date of this Certification to make this payment.
9. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
10. 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 of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
11. Continuing Compliance. The applicant (Mag Land Development, LLC) shall conduct its activities in
a manner so as not to contravene any state water quality standard (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 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 the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC
21-1.0504. Any new or revised conditions shall be provided to the applicant 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.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Lincoln County, Land Quality
Central Files
Len Rindner
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Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Dr.
Chester, SC 29706
Subject: Villages of Denver S/D
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
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McClellan:
July 27, 2005
DWQ# 05-0993
Lincoln County
AUG 1 - 2005
DENR - WATER QUALITY
V;ETl.ANDS AND STOW WATER 6RANCH
You have our approval, in accordance with the attached conditions and those listed below, to
impact 281 linear feet (If) of perennial stream and 126 If feet of intermittent stream (unnamed
tributaries to Forney Creek) in order to construct the Villages of Denver Subdivision in Lincoln County,
as described in your application received by the Division of Water Quality (DWQ) on June 7, 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 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures. These measures must be approved, in writing, by this office prior to
construction. (Inc
No;thCarolina
?aturallil
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
11 7k
3. The planting of native vegetation and other soft stream bank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the streambed, unless approved by the DWQ.
4. 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.
5. 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.
6. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
8. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP)
in order to compensate for the stream impacts. 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 EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program), the stream impacts shall not occur.
You have one month from the date of this Certification to make this payment.
9. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
10. 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 of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
11. Continuing Compliance. The applicant (Mag Land Development, LLC) shall conduct its activities in
a manner so as not to contravene any state water quality standard (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 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 the applicant and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC
21-1.0504. Any new or revised conditions shall be provided to the applicant 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 1506 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone 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,
, LAI
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Lincoln County, Land Quality
Central Files
Len Rindner
0? W A T ?RQG
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
July 27, 2005
DWQ# 05-0993
Lincoln County
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Dr.
Chester, SC 29706
Subject: Villages of Denver S/D
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McClellan:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 281 linear feet (If) of perennial stream and 126 If feet of intermittent stream (unnamed
tributaries to Forney Creek) in order to construct the Villages of Denver Subdivision in Lincoln County,
as described in your application received by the Division of Water Quality (DWQ) on June 7, 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 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2
The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures. These measures must be approved, in writing, by this office prior to
construction. One
NolthCarolina
JVaftrra!!If
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
3. The planting of native vegetation and other soft stream bank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the streambed, unless approved by the DWQ.
4. 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.
5. 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.
6. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts
are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
8. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP)
in order to compensate for the stream impacts. 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 EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program), the stream impacts shall not occur.
You have one month from the date of this Certification to make this payment.
9. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and
shall be conducted so that no violations of state water quality standards, statutes, or rules occur.
10. 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 of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
11. Continuing Compliance. The applicant (Mag Land Development, LLC) shall conduct its activities in
a manner so as not to contravene any state water quality standard (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 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 the applicant 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 to the applicant 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 1506 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone 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,
forAlan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Lincoln County, Land Quality
Central Files
Len Rindner
NORTH CAROL[ NA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
050993
In accordance with 15A NCAC 2 H.0500, Mag Land Development, LLC has permission as outlined
below to impact 281 linear feet (If) of perennial stream and 126 If of intermittent stream in order to construct the
Villages of Denver subdivision in Lincoln County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Villages of Denver Subdivision, Optimist Road
COUNTY: Lincoln
BASIN/SUBBASIN Catawba (03050101)
Impacts:
407 linear feet (If) of stream: 281 If - perennial, 126 If - intermittent
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:
281 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated May 26, 2005, the EEP indicated that 281 linear feet of stream mitigation will be
conducted by EEP.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement 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 Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT
HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
Triage Check List
Date: 6/13/05
Project Name: Villages of Denver
c/o Mag Land Development
DWQ#: 05-0993
County: Lincoln
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 6/7/05 to 8/5/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
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 information 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!
Villages of Denver
Phase 1
Lincoln County.
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS & NCDENR
Prepared For
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
JUN 7 2005
*Subject to verification by the USACE i
Gi
June 5, 2005
Page 1 of 9
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".)
1. Processing
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 DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Approval from NCEEP - attached
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information 7--
t Lam. `l? r-,
L;
D
1. Owner/Applicant Information
Mr. Allan McClellan JUN 7 2005
Mag Land Development, LLC
Df=NR - :'.,aTEr; CUA.LITY
2794 West Pinewood Drive i11ETUIICD I :;D sTC,t,'.r, ;TER Cr ',Cti
Chester, SC 29706
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner. PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews, NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lrindner i carolina.rr.com
Page 2 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Villages of Denver
2. T.I.P. Project Number or State Project Number (NCDOT Only
3. Property Identification Number (Tax PIN):
4. Location
County: Lincoln County Nearest Town: Denver
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps - off of NC 16 near Triangle on Optimist Road - Look for the
site with extremely thick vegetation.
5. Site coordinates, if available (UTM or Lat/Long): 35.48130N, 81.0051°W (WGS84/NAD83)
USGS Lowesville (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): + 245.65 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Forney
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/inaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped timbered woodland and agricultural areas.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed residential development
Page 3 of 9
11. Explain the purpose of the proposed work:
Road crossings to access develop residential areas and site preparation.
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.
Preliminary wetland and stream evaluation and delineation was conducted in coniunction with
project planning Modifications were made to the initial concepts to minimize impacts to
jurisdictional streams and wetlands based on recommendations. A permit was issued for the
initial road crossing - Crossing #1 - Action Id. 200330842. A meeting was held with Alan
Johnson of NCDENR to review the plan on April 1, 2005.
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.
Unavoidable stream crossings are expected to be required in future phases due the linear nature
of the project Minor impacts to wetlands and streams are limited to road crossings and for site
preparation A buffer is adiacent to the perennial stream along the property line. The remaining
wetlands and intermittent stream are within common open space or along the rear yard property
line.
V. 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: Proposed impacts to streams
and wetlands are limited to a road crossings.
Page 4 of 9
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Crossing #2 fill 0.02 no Less than 50' PSSIA !!!!!!!!!!

* 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.
** 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:/hv%?,Nv.fema..L,,Ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: +/- 2.5 acres
Total area of wetland impact proposed: +/-0.02 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Crossing 1 NWP 39 141' UT of Forney Creek 6' Perennial ***
Crossing 2 NWP #39 126 ` same 4' intermittent
Crossing 3 NWP #39 140' same 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.uscs.cov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toCzone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 4071f
***Mitif!ation Proposed for 281 linear feet
Page 5 of 9
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
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.

* 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): ? uplands ? stream ? 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:
VI. 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.
Permanent impacts to streams are limited to road crossings to access development parcels
and required connectivity. Road alignments were adiusted to the extent feasible to cross creeks at
straight segments and are as perpendicular as feasible. Headwalls are utilized to reduce stream
impacts to the extent feasible. The remaining streams and wetlands are along rear lot lines or
within common open space Buffers are adjacent to the streams to minimize stream impacts.
Page 6 of 9
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
htti)://h2o.enr.state.nc.us/ncwetlands/strmiide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Impacts have been minimized through the use of headwalls and modification of the road
alignment to avoid and minimize stream impacts to the extent feasible. The remaining
streams and wetlands are within required common open space or along rear lot lines.
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 httn://h2o.enr.state.nc.us/wrp/index.litm. 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): 281 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 7 of 9
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
VII. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
VIII. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .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
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
• Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
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
Page 8 of 9
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
IX. Stormwater (required by DWQ) NA
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 proposed development area of the project is less than 30% impervious. See attached
breakdown provided by the civil engineer/planner
X. 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
XI. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the fact permit application?
Yes ? No X
XII. 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).
6A_16/?_
Applicant/Agent's Signature
Date
Page 9 of 9
05/25/2005 17:37 8037897337 MAG LAND DEVELOPMENT PAGE 07
LEONARD S RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
May 25, 2005
Mr. Allan McClellan.
Mag Land Development, LLC
2794 West Ainewood Drive
Chester, SC 29706
Re: Villaee9 or Denver - Aeent Authorisation Letter
Dear.Allwi:
In order to interface with the United States Army Corps of .Engineers and the North
Carolina Department of Natural Resources 1 will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing lviih the United States Army Corps of Engineers and the North
Caroent of Natural Resources.
Z & Y adY-
Mr Allan McCleUern
List Property Owner(s), if applicable
Printed Name and Address
Please Cntact me if you have any questions or require additional explanation. Thank
you. / JA
Leonard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
May 25, 2005
Ms. Carol Shaw
NCEEP
1652 Mail Service Center
Raleigh, NC 27699-1652
Re: Villages of Denver, Lincoln County, NC
Dear Ms. Shaw:
On behalf of my client, Magland Development, I am requesting acceptance to utilize the
services provided by the NCEEP to meet stream mitigation requirements when the
permits are issued by the USACE and the NCDWQ for impacts due to proposed road
crossings. Proposed stream impacts will require mitigation requirements for at least 300
linear feet. The cataloging unit is 03050101 (Tributary of Forney Creek in the
)I? awba Basin).
Please contact me if you have any questions or require additional information.
Thank you for your consideration.
Leonard S. Rindner, PWS
Environmental Planning Consultant
cc: Mr. Allan McClellan
NIdg Land Development, ? LC
27West Pinewood pr jyV
C{fhster, SC 2970
IN LIEU FEE REQUEST FORM Page I of I
r
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 3/29/05)
Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or
Agent * Leonard S. Rindner, PWS
2. Name of Business * Environmental Planning Consultant
3. Street Address * 3714 Spokeshave Lane
4. City, State, Zip * Matthews, NC
5. Telephone * (F764 ) 904 -F2277
6. Fax ( 704 ) 847 - 0185
7. E-mail [e-mail]
8. Project Name * Villages of Denver
9. Project Location * Denver
10. Lat-Long Coordinates Lat 35.4813 Long 81.0051
11. River Basin * Catawba
12. Cataloging Unit (8-digit)
k*k v3050101
11. Project County* Lincoln
14. Riparian Wetland
Impact ac *
15. Non-Riparian Wetland
Impact ac *
16. Coastal Marsh Impact
ac *
17. Stream-Cold Impact (ft)
k
18. Stream-Cool Impact (ft)
*
19. Stream-Warm Impact
ft* 300 linear feet
20. ** Buffer-Zone 1 Impact
s ft
21. ** Buffer-Zone 2 Impact
s ft*
22. ** Buffer-Total (Zone 1 +
Zone 2 s ft

Attachments? Yes Sig tur A plicant or Agent:

D te:
* Required information; zero ans ih-14-22 should be indicated with -u or NIA , not iert Nam.
** Buffer mitigation applicable o in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
*** Go to EPA "Surf Your Watershed" http_//cfputz.ppa.gov_/surf/locate/index.cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw(a n_cma_il. net
http://www.nceep.net/news/reports/fonns/ILFforrn.htm 5/25/2005
Ecomtem r4l;J
PROGRAM
Leonard S. Rindner, PWS
3714 Spokeshave Lane
Matthews, NC 28105
Project: Villages of Denver
May 26, 2005
County: Lincoln
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 300 0 0
03050101
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
S
(5?? incerely, p . <:?? ll? if
am D. Gilmore, PE
Director

cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File
MA,
2zutor' ... F ... Protect' Oar Rat& ©EN
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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May 20, 2005
Environmental Planning Consultant
Mr. Leonard Rindner
3714 Spokeshave Lane
Matthews, NC 28105
Reference: Impervious Calculations
Villages of Denver, Lincoln County, North Carolina
Dear Mr. Rindner:
FIP ,1C V L.S
STE', EN `.V SMITH. P_E
SUSAN K FASNACHT, PE
I OSE D LUONOCCRE PE
THOU S NOVELL t 0, CP._ PP.
FVIC', ASSOCUSES
DANE E=,E'.VER, P.E.
C ROSS MASSEY• P_E
DAVID K 6RUBAKER. P.L.S
On behalf of MAG Land Development, LLC, we have calculated the proposed impervious
coverage for the residential subdivision The Villages of Denver.
Total Project Area =
Phase 1 Area=
245.65 acres
97.12 acres
Total Project Impervious (Maximum 30%= 73.7 acres):
Proposed Streets*= 23.3 acres
685 lots @ 2,700** SF/lot= 42.5 acres
Amenity (pool, clubhouse, parking lot)= 0.2 acres
Total Project Impervious= 66.0 acres (27%)
Total Phase 1 Impervious (Maximum 30%= 29.1 acres):
Proposed Streets*= 9.4 acres
205 lots @ 2,700** SF/lot= 12.2 acres
Total Phase 1 Impervious= 21.6 acres (22%)
*Includes asphalt, curb and sidewalk as required by NCDOT and Lincoln County.
Total=32,693' x 31' wide = 23.3 acres
Phase 1 = 13,150' x 31' wide = 9.4 acres
**Based on same builder's homes, driveways and patios constructed on 60' and 70' lots.
Respectfully submitted,
Chas. H. Sells, Inc.
-5t z, 6
Steven L. Bailey
Project Manager
Cc: Mr. Allan McClellan, MAG Land Development, LLC
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VILLAGES OF DENVER
SOUTHERN BOUNDARY
STREAM BUFFER
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112 LF - TWIN 66" RCP
DISTURBANCE:
750 141 LF OF STREAM
STREAM BED)
740 VILLAGES OF DENVER
0+00 1+00 2+00 WETLANDS/STREAM IMPACTS
CROSSING #1
.1 " = 50'/5'

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WETLANDS/STREAM IMPACTS
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140 LF OF STREAM
"r
VILLAGES OF DENVER
WETLANDS/STREAM IMPACTS
CROSSING #3
720 1+ 00 2+ 00 1" = 509/5'
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
February 12, 2005
Ms. Amanda Jones
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801- 5006
Re: Action Id 200330842 - Phase I for 1?llares of Denver - Permit Extension and/or Re-
Authorization
On behalf of my client, Mag Land Development, LLC, I am requesting a transfer of the permit
and an extension or re-authorization of the Nationwide Permit required to develop Phase 1 of
Villages of Denver. The permits for this project were issued in June, 2003 and expires in June,
2005. The permit included the fill of 145 linear feet of stream to make a road crossing.
Very substantial investments have been made on behalf of the project including land purchase,
engineering and planning, and contractual commitments to builders. The delays were due to
economic changes, change in ownership, plan preparation, obtaining local approvals; An
extension and/or re-authorization of this permit absolutely essential to the successful
development of this project as planned. In the future, additional road crossings are expected, but
have yet to be designed. The developer is aware that future road crossings requiring impacts will
require a permit and that the impacts will be evaluated cumulatively. In addition they are aware
that an additional application will be required to NCDENR. Depending on the plan and
impervious area, a stormwater management plan may be required.
Please contact me if you have any questions or require additional explanation. Thank you for
nard S. Rindner, PWS
Professional Wetland Scientist
Cc: Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 900110841 County Lincoln Quad LOWESVILLE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mag Land Development, LLC / Attn: Allan McClellan
Address: 2794 West Pinewood Drive, Chester, SC 29706
Telephone No:
Zone: 44 UTM or LAT/LONG: North: 3927258 East: 500499
Size and Location of project (water body, road name/number, town, etc.): The site is located on the north side of
Optimist Club Road, west of NC Hwy 16, adjacent to Forney Creek, near Triangle, Lincoln County, North Carolina.
Description of Activity: Construct a road crossing which will impact approximately 145 linear feet of and unnamed
tributary to Forney Creek to serve the residential development known as the Villages of Denver, Phase 1. All work
must be done in accordance with submitted plans. This permit is an extension of an existing authorization dated June
3, 2003. This authorization will expire on June 3, 2006.
Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW39 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 [phone]. 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: June 4, 2003
Corps Regulatory Official: Amanda D. Jones Telephone No.: [phone] x.231
Expiration Date of Verification: June 4, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Villages of Denver
Phase 1
Lincoln County.
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS & NCDENR
Prepared For
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Prepared By
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
JUN 7 2005
DEER U..?iTr
*Subject to verification by the USACE
June 5, 2005
Page 1 of 9
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 Appticaoie- or N/A .)
1. 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 DWQ
X 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: Approval from NCEEP - attached
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Telephone Number:
E-mail Address:
Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
Fax Number:
LC:3 _:3
C?
JUN 7 2005
DEr:r TFp,CUAL1Tr
CH
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: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lrindnerncarolina.rr.com
Page 2 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Villages of Denver
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Lincoln County Nearest Town: Denver
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps - off of NC 16 near Triangle on Optimist Road - Look for the
site with extremely thick vegetation.
5. Site coordinates, if available (UTM or Lat/Long): 35.48130N, 81.0051°W (WGS84/NAD83)
USGS Lowesville (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): + 245.65 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT of Forney Creek
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/snaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped timbered woodland and agricultural areas.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed residential development
Page 3 of 9
11. Explain the purpose of the proposed work:
Road crossings to access develop residential areas and site preparation.
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.
Preliminary wetland and stream evaluation and delineation was conducted in conjunction with
project planning Modifications were made to the initial concepts to minimize impacts to
jurisdictional streams and wetlands based on recommendations. A permit was issued for the
initial road crossing - Crossing #1 - Action Id 200330842. A meeting was held with Alan
Johnson ofNCDENR to review the plan on April 1, 2005.
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.
Unavoidable stream crossings are expected to be required in future phases due the linear nature
of the project Minor impacts to wetlands and streams are limited to road crossings and for site
preparation A buffer is adjacent to the perennial stream along the property line. The remaining
wetlands and intermittent stream are within common open space or along the rear yard property
line.
V. Proposed Impacts to Waters of the United Statcs/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: Proposed impacts to streams
and wetlands are limited to a road crossings.
Page 4 of 9
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Crossing #2 fill 0.02 no Less than 50' PSS1A !!!!!!!!!!

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, uu,
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 lilt p://wwNv.fema.eov.
*** List a wetland type that best describes wctland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wctland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: +/- 2.5 acres
Total area of wetland impact proposed: +/-0.02 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Crossing 1 NWP 39 141' UT of Forney Creek 6' Perennial ***
Crossing 2 NWP #39 126 ` same 4' intermittent
Crossing 3 NWP #39 140' same 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.uses.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www'.mpazone.com,
w•ww.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 4071f
***Mitigation Proposed for 281 linear feet
Page 5 of 9
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
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.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredgin
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): ? uplands ? stream ? 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:
VI. 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.
Permanent impacts to streams are limited to road crossings to access development parcels
and required connectivity. Road alignments were adjusted to the extent feasible to cross creeks at
straight segments and are as perpendicular as feasible. Headwalls are utilized to reduce stream
impacts to the extent feasible The remaining streams and wetlands are along rear lot lines or
within common open space Buffers are adjacent to the streams to minimize stream impacts.
Page 6 of 9
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
littl2:Hh2o.enr.state.nc.us/ncwetIands/strm.ide.litm1.
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.
Impacts have been minimized through the use of headwalls and modification of the road
alignment to avoid and minimize stream impacts to the extent feasible. The remaining
streams and wetlands are within required common open space or along rear lot lines.
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 http://h2o.enr.state.nc.us/wm/index.litm. 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): 281 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Page 7 of 9
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
VII. Environmental Documentation (required by DWQ) NA
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No X
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
VIII. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .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
(square feet Multiplier Required
Mitigation
1 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
Page 8 of 9
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
IX. Stormwater (required by DWQ) NA
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 proposed development area of the project is less than 30% impervious. See attached
breakdown provided by the civil engineer/planner
X. 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
XI. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the fact permit application?
Yes ? No X
XII. 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).
6A_16/?_
Applicant/Agent's Signature
Date
Page 9 of 9
05/25/2005 17:37 6037897337 MAG LAND DEVELOPMENT PAGE 02
LEONARD S. RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: (704) $4(x0461
Pax [phone]
May 25, 2005
Mr. Allan. McClellan.
Mag Land Development, LLC
2794 West Pinewood Drive
Cbester, SC 29706
Re: villaQea of Denver - Aeent_ Authorization Letter
Dear A]Imi:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources 1 will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina rul-artment of Natural Resources
M-d Y--
Mr. Allan McClellan
List Property Owners), if applicable
Printed Name and Address
Please act me if you have any questions or require additional explanation. Tbank
you. Leona
rd S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
LEONARD S. RINDNER PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tcle: [phone]
Fax [phone]
May 25, 2005
Ms. Carol Shaw
NCEEP
1652 Mail Service Center
Raleigh, NC 27699-1652
Re: Villages of Denver, Lincoln County, NC
Dear Ms. Shaw:
On behalf of my client, Magland Development, I am requesting acceptance to utilize the
services provided by the NCEEP to meet stream mitigation requirements when the
permits are issued by the USACE and the NCDWQ for impacts due to proposed road
crossings. Proposed stream impacts will require mitigation requirements for at least 300
linear feet. The cataloging unit is 03050101 (Tributary of Forney Creek in the
)Cyitawba Basin).
Please contact me if you have any questions or require additional information.
Thank you for your consideration.
I/onard S. Rindner, PWS
Environmental Planning Consultant
cc: Mr. Allan McClellan
NIdg Land Development, ? LC
27f4, West Pinewood Prjq
t6ster, SC 2970E
IN LIEU FEE REQUEST FORM Page I of I
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 3/29/05)
Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or
Agent * Leonard S. Rindner, PWS
2. Name of Business * Environmental Planning Consultant
3. Street Address * 3714 Spokeshave Lane
4. City, State, Zip * Matthews, NC
5. Telephone * ( 704 ) 904 - 2277
6. Fax ( 704 ) 847 - 0185
7. E-mail [e-mail]
8. Project Name * Villages of Denver
9. Project Location * Denver
10. Lat-Long Coordinates Lat 35.4813 Long 81.0051
11. River Basin * Catawba
12. Cataloging Unit (8-digit) A%9XVAft O3p5 010 1
11. Project County* Lincoln
14. Riparian Wetland
Impact ac *
15. Non-Riparian Wetland
Impact ac *
16. Coastal Marsh Impact
ac *
17. Stream-Cold Impact (ft)
*
18. Stream-Cool Impact (ft)
*
19. Stream-Warm Impact
ft * 300 linear feet
20. ** Buffer-Zone 1 Impact
s ft*
21. ** Buffer-Zone 2 Impact
s ft*
22. ** Buffer-Total (Zone 1 +
Zone 2 s ft

Attachments? Yes Sig tur A plicant or Agent:

D te:
. A n -L 1.4 L1.... 1.
* Required information; zero ans iW 14-22 should be indicated wain u or awl , noL aeIL uiann.
** Buffer mitigation applicable oriy in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
*** Go to EPA "Surf Your Watershed" http_//gfpub.epa.?ov/sgrrf_/locate/index..cfm_ for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol. shaw(a ncmail.net
http://www.nceep.net/news/reports/forms/ILFform.htm 5/25/2005
Y
-YEcosV/stem
PROGRAM
Leonard S. Rindner, PWS
3714 Spokeshave Lane
Matthews, NC 28105
Project: Villages of Denver
May 26, 2005
County: Lincoln
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 300 0 0
03050101
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1:1.5 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
%? .9 . <:?? -A,,
am D. Gilmore, PE
Director

cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE - Asheville
Allen Johnson, DWQ Regional Office - Mooresville
File A
2z"torlag... Edw"... Pro,-" our ftate, MUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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May 20, 2005
Environmental Planning Consultant
Mr. Leonard Rindner
3714 Spokeshave Lane
Matthews, NC 28105
Reference: Impervious Calculations
Villages of Denver, Lincoln County, North Carolina
Dear Mr. Rindner:
PFV,,CfF?!LS
STEVEN'>J SM,TH, PE.
SUSAN K HSNACHT, RE
MOSS D BLIONOCORE P E.
THOG'AS NOVELL F, C P. P P S
,,FNIGR ASSOCIATrS
DAN E 6-,,E1.1rER, RE
C ROSS 6,1ASSEY. P.E.
DAVID K GRUSAKER P L S
On behalf of MAG Land Development, LLC, we have calculated the proposed impervious
coverage for the residential subdivision The Villages of Denver.
Total Project Area =
Phase 1 Area=
245.65 acres
97.12 acres
Total Project Impervious (Maximum 30%= 73.7 acres):
Proposed Streets*= 23.3 acres
685 lots @ 2,700** SF/lot= 42.5 acres
Amenity (pool, clubhouse, parking lot)= 0.2 acres
Total Project Impervious= 66.0 acres (27%)
Total Phase 1 Impervious (Maximum 30%= 29.1 acres):
Proposed Streets*= 9.4 acres
205 lots @ 2,700** SF/lot= 12.2 acres
Total Phase 1 Impervious= 21.6 acres (22%)
*Includes asphalt, curb and sidewalk as required by NCDOT and Lincoln County.
Total=32,693' x 31' wide = 23.3 acres
Phase 1 = 13,150' x 31' wide = 9.4 acres
**Based on same builder's homes, driveways and patios constructed on 60' and 70' lots.
Respectfully submitted,
Chas. H. Sells, Inc.

Steven L. Bailey
Project Manager
Cc: Mr. Allan McClellan, MAG Land Development, LLC
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DISTURBANCE:
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STREAM BED)
740 VILLAGES OF DENVER
0+00 1+00 2+00
WETLANDS/STREAM IMPACTS
CROSSING #1
1" = 50'/5'

TOP OF HEAD
EL. WALL
57.0

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126 LF - 48" CMP
DISTURBANCE:
73100
STREAM BED)
730
0+00 1+00 2+00 VILLAGES OF DENVER
WETLANDS/STREAM IMPACTS
CROSSING #2
1 " = 50'/5'

I HEADW
OF
TOP ALL

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EL.

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(BURY 1- BELO
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! 136 LF - TRIPLE 72" CMP
DISTURBANCE:
STIR 1OOFSTREAM
?
?• is 911 ??
VILLAGES OF DENVER
WETLANDS/STREAM IMPACTS
CROSSING #3

720 1+ 00 2+ 00 1 " = 50'/5'
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
February 12, 2005
Ms. Amanda Jones
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Re: Action Id 200330842 - Phase I for Villazes of Denver - Permit Extension and/or Re-
Authorization
On behalf of my client, Mag Land Development, LLC, I am requesting a transfer of the permit
and an extension or re-authorization of the Nationwide Permit required to develop Phase 1 of
Villages of Denver. The permits for this project were issued in June, 2003 and expires in June,
2005. The permit included the fill of 145 linear feet of stream to make a road crossing.
Very substantial investments have been made on behalf of the project including land purchase,
engineering and planning, and contractual commitments to builders. The delays were due to
economic changes, change in ownership, plan preparation, obtaining local approvals; An
extension and/or re-authorization of this permit absolutely essential to the successful
development of this project as planned. In the future, additional road crossings are expected, but
have yet to be designed. The developer is aware that future road crossings requiring impacts will
require a permit and that the impacts will be evaluated cumulatively. In addition they are aware
that an additional application will be required to NCDENR. Depending on the plan and
impervious area, a stormwater management plan may be required.
Please contact me if you have any questions or require additional explanation. Thank you for
nard S. Rindner, PWS
Professional Wetland Scientist
Cc: Mr. Allan McClellan
Mag Land Development, LLC
2794 West Pinewood Drive
Chester, SC 29706
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 900330942 County Lincoln Quad T,OWF.SVTT.T.F.
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Mag Land Development, LLC / Attn: Allan McClellan
Address: 2794 West Pinewood Drive, Chester, SC 29706
Telephone No:
Zone: 44 UTM or LAT/LONG: North: 3927258 East: 500499
Size and Location of project (water body, road name/number, to«m, etc.): The site is located on the north side of
Optimist Club Road, west of NC Hwy 16, adjacent to Forney Creek, near Triangle, Lincoln County, North Carolina.
Description of Activity: Construct a road crossing which will impact approximately 145 linear feet of and unnamed
tributary to Forney Creek to serve the residential development known as the Villages of Denver, Phase 1. All work
must be done in accordance with submitted plans. This permit is an extension of an existing authorization dated June
3, 2003. This authorization will expire on June 3, 2006.
Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW39 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 [phone]. 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 pemmittee 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: June 4, 2003
Corps Regulatory Official: Amanda D. Jones Telephone No.: [phone] x.231
Expiration Date of Verification: June 4, 2006
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Forth 591