20081866 Ver 2_Time Ext Request_20090827

FW: North Belgate p$ _ S LO Lo Page 1 of 1
FW: North Belgate
Johnson, Alan
Sent: Thursday, August 27, 2009 8:22 AM
To: Dennison, Laurie
Attachments: North Belgate NCEEP Ext Re-l.pdf (2 MB)
Add the first page to the file
thanks
From: Len Rindner [mailto:[e-mail]]
Sent: Thursday, August 27, 2009 7:56 AM
To: Johnson, Alan
Cc: Williams, Kelly
Subject: North Belgate
Alan:
Crescent Resources, LLC is requesting additional time to pay the NCEEP due to the current
economic conditions. They are aware that these impacts cannot occur until the mitigation fee is
paid. I have attached the letter.
Thanks. Len
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACChSeOTRSCT5TN0706x... 8/27/2009
LEONARD S. RINDNER, PLLC
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
August 27, 2009
Mr. Alan Johnson
NCDENR Mooresville Regional Office
610 East Center Street, Suite 301
Mooresville, NC 281 15
Ms. Kelly Williams:
NCEEP
1652 Mail Service Center
Raleigh, NC 27699
Re: North Belaate Multi-Family Residential Project - DWO 08-1866; SAW 2008-
03339 - Request For Extension to Pay Mitigation Fee to NCEEP
Dear Madame and Sirs:
On behalf of my client, Mr. Eric Jaegcrs of Crescent Resources, LLC, I am requesting an
extension of 6 months (or more if feasible) to pay the mitigation fee to the NCEEP. This is
due to the current economic conditions and the difficulty in obtaining financing. The
developer is aware that no impacts to streams and wetland could occur until the mitigation
fee is paid in full.
for vA' consideration.
Leonard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
Cc: Mr. Eric Jaegcrs - Crescent Resources, LLC
r 'Sir-
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:. c_ III R .1t
PROGRAM
INVOICE
June 30, 2009
David Niekamp
Crescent Resources, I_LC
400 S. Tryon Street, 13'" Floor
Charlotte, NC 28285-0107
Project: North Belgate Multi-Family Residential
County: Mecklenburg
DWQ# 08-1866
COE#: 2008-03339
EEP #: IL.F-2008-3588AMS#
Location: Yadkin 03040105
invoice expires: August 30, 2009
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404/CAMA permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with
15A NCAC 211.0500. the amount you owe is based upon the 2008-09 Fee Schedule and has been calculated as follows (Please note:
payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly
Williams at [phone].
Habitat Type Invoiced Amount Fee Schedule Cost
Stream 236 linear feet x $ 323.00 = $76,229.00
TOTAL AMOUNT DUE if paid within 60 days
$76,228.00
If payment is not received within 60 days of the date of this invoice, it will expire. Note that your permit(s) may require payment
before this date. Subsequent invoice extensions will be based on the fee schedule in effect on the date they are issued. Extensions
may be requested by emailing the NCEEP In-Lieu Fee Program Coordinator at kelly.williams(&ncdenr.gov. Please send a check
payable to NCEEP for the Total Amount Due to the appropriate address below and enclose a copy of this invoice.
tIS Mail:
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Physical Address (for other delivery services):
NCDENR Ecosystem Enhancement Program
2728 Capital Boulevard, Suite 111 103
Raleigh, NC 27604
Please note that requests Ibr reimbursement of payments made to NCEEP are considered on a case by case basis. Requests for
reimbursement must be received within 12 months of the date of the receipt. Any such request must be accompanied by letters from
the permitting agencies stating that the permit and/or authorization have been rescinded and/or that NCEEP is not responsible for
providing mitigation credit. If the account name on the check is not the same as the hermit holder's name, please include a signed
statement bv_the permit holder that the check is being written on behalf of, and with full knowledge and authorization of. the hermit
older.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES
AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly. NCDWQ Wetlands/401 Unit
Steve Chapin, USACE- Asheville. Thelma Hemmingway, USACE-Wilmington
Alan Johnson. NCDWQ-Mooresville
I.en Rindner, agent
File
pwtodil?l... F .. Pi o&cti" Our .Sm&
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
s a
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 27, 2009
DWQ# 08-1866
Mecklenburg County
Mr David Niekamp
Director of Development
Crescerrt Resources. LLC
400 S. Tryon St., Suite 1300
Charlotte. NC 28285
Subject: Belgate Multi-Family Residential Project
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Niekamp
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 0.048 acre of wetland and 603 linear feet (If) (236 if, perennial, 367 If intermittent) of unnamed stream
to Doby Creek in order to construct the project in Mecklenburg County, as described in your application
received by the Division of Water Quality (DWQ) on December 22, 2008. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3705, 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 29 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_ Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must
be mailtNained (or restored via constructed benches) above and below locations of each culvert. If any of
the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the
pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culverts placed
moofesvft Regiunat Office Onc
Locawn 610 East Cente* Avenue Suite 301, Mooresvule. NC 28115 NO C/a+rryo/lina
Phone [phone]Tax (704 663-6840 Customer Service 1-877.623-6748 ?KS isii?
Internet w,_fKVf#W.t4va or
An Eaual 000ortumt,;'Affirmahve Action Emo"er - WA Recyciedfl0% Post Cinsumer Paper
in streamstwetlands shall be installed "in the dry" Immediately upon completion of the installation. water flow
shall be returned to its natural course.
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
4 Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechani tts&shall be put in place at the time of recording of the property, or of individual lots, whichever is
apprbotWte.-- A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc,us/ncwetiands The text of the sample deed notification may be modified as
appropriate to suit to this project
max, 5. [lil t093T,ust be provided for the proposed impacts as specified in the table below We understand that you
?rrsh<toA*e a payment to the restoration fund administered by the NC Ecosystem Enhancement Program
S(EEP) to.meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to
meet-the mitigation requirement. Until the EEP receives and clears your check (made payable to DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate,shali occur
WP . should be contacted at [phone] if you have any questions concerning payment into a
rnd. You have:60 days from the date of this approval to make this payment. For accounting
is Authorization Certificate authorizes payment into the restoration fund to meet the following
pensa(ory mitigation requirement
}, Compensatory Mitigation River and Sub-basin
k,.
Number i
Required
v .x ;&tream ; 236 feet Catawba (03050103)
, 44
?
{ ' ands (acres)
r> avers:__ acres _--

¢6`'- y five vegetation and other soft stream bank stabilization techniques must be used where practicable
TM t *ap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
?siti?bted; unless approved by the DWQ
_.7. Storrn.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 Afinal, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd.. Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office (or local
approved delegated authority) before the impacts specified in this Certification occur You have the option
of using the Express Review Program for expedited approval of these plans If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan The storm water
management plan must include construction plans, specifications. storm water BMP worksheets, and
supporting calculations The storm water best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent version
of the NC DENR Storm water Best Management Practices Manual These facilities must be designed to
treat the runoff from the entire project. unless otherwise explicitly approved by the Division of Water Quality
(or local delegated authority). Also, before any permanent building is occupied at the subject site, the
facilities shall be constructed and operational, and the storm water management plan shall be
implemented The structural storm water practices as approved as well as drainage patterns must be
maintained in perpetuity No changes to the structural storm water practices shall be made without written
authorization from the Division of Water Quality
9 Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from
DWQ If approved, they shall be removed and the natural grade restored within two months of the date of
the close outtstabilization of the given drainage area
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
11 Continuing Compliance The applicant (Crescent Resources. LLC) shall conduct all 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 2HA504 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,
rl
for Coleen H Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Len t3indner
08.1866
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
ance:with -1 SA NCAC 2 H 0500, Crescent Resources. LLC has permission as outlined below to
c.T r k
J60 0f ream in order to proceed with the development in Mecklenburg County, North
rtiesti4s> gcioted,with these authorized impacts must be _conducted Oft the conditions listed
in 'certification: THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS
ITIGATIIWREQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
QN: McCullough Dr.
Mecklenburg
I ° r L BASIN Catawba (03050103)
pfeet of stream
atwetland
a
.. ir6fty45A NCAC 2H :0506, and the conditions of this certification, you are required to compensate for
agave impacts through the:.restoration;-creation, enhancement or preservation of vOetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state
Note. Linear foot requirements; proposed to be mitigated through the Ecosystem Enhancement Program must
be rounded,to the nearest footand acreage requirements must be rounded to one-quarter acre increments
according, to 152r`:0503(b).
Mi ?:l??i-.o,?n:
236 it ' rfeet,, of- stream
IIA on:
r t of perennial streams by EEP required for the 401 Water Quality Certification. In
nce dated Decembei^ -12, 2008 the EEP indicated that up to 600 linear feet of stream mitigation
_ ucted by FEP if available within the cataloging unit More may be required if mitigation is
required outside the unit.
One of the options you have.available to satisfy the compensatory mitigation requirements is through the
of a. fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option; please
rsr p,this fgrm-and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the
-..•
apRropriate 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
1652 Mail Service Center
RALEIGH N C 27669-1652
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-03339 County: Mecklenburg USGS Quad: Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner t Authorized Agent: Crescent Resources, LLC, Attn: David Neikamp
Address: 400 S. Tryon St., Suite 1300
Charlotte, NC 28285
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): North Belgate Multi-Family
Residential Proiect located on a 26.7 acre tract just east of I-85 in the vicinity of McCullough Drtve•
in Charlotte
Description of projects area and activity: This permit authorizes impacts to 0.048 acre of wetlands and
603 LF of UT's Doby Creek (367 LF determined to be intermittent with "unimportant" aquatic
function) for the purpose of accomodating the construction of a residential development
MITIGATION:
In order to compensate for impacts to 236 linear feet of perennial stream, the pernfluee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EF,P, sufficient to perform the restoration of 236 linear feet of warm water
stream in the ('atawha River Basin, Cataloging Unit 003040105.
Construction within iurisdictional areas on the property shall begin only ter the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP has provided written confirmation to the Corps that It a Tees to accept
responsibility for the mitigation work required, In compliance with the MOU between the
NCDENR and the United States Army Corps of Engineers Wilmington District dated November
4,1998m
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 l1SC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with die
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. I1' prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
die terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of die nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-hy-case basis to modify, suspend or revoke the
authon7ataon.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the N(- Division of Water Quality (telephone [phone]) to determine
Section 4ttt rvquirenients.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA). prior to beginning work you niust contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvalsipermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: January 29, 2009
Expiration Date of Verification: January 29, 2011
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
bZ://www.saw.u,.,ace.-ariiiy.m.i1;W.I,'I'l.ANDS/index.litniI to complete the survey online.
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. ibis preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of die Rivers and Ilarbois Act and Section 404 of the Clean Watei Act.
Unless there is a change in the lam, or our publishcd regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There arc waters of the US and/or wetlands within the above described project area subject to the pcintit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of' this notification.
D. ? The jurisdictional areas within the above desciibed project area have been identified under a previous action.
Please reference jurisdictional determination issued _ Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USAGE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channel on the property arc unnamed tributaries to Doby Creek which flow into the Yadkin River and
ultimately flows to the Atlantic Ocean through the Dobv Crcek>Mallard Creek>Rocky River>Yadkin River which
is a Section 10 navigable-in-fact waterway at Rlewctr Falls dam.
Appeals Information: (This infonnation does not apply to prclimviary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jut isdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact slice: and request for appeal (RFA) form. if you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
15I Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps trust determine that it is complete, that it meets the
criteria for appeal under 33 CFR pat 1 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address withal 60
days from the Issue Date below.
"It is not necessary to submit an RFA form to the (Division Office if you do not object to the determination in this
correspondence,"
Corps Regulatory Official: ` Steve Chapin
Issue Date: January 29, 2009
Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKIiTCII, WE-1-LAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACKED TO THE F[LE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Fumished:
Mr. Leonard S. Rindner