20010210 Ver 2_PreviousPermits_20190830

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130330; 200130510 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: BV Holdings, LLC, Att'n: Mr. Thomas Henson
Address: 6100 Fairview Rd., Suite 650
Charlotte, NC 28210
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Ayrsley development located on 123.5 acre tract south of NC 49/I-485 intersection, N. of
Pioneer St.; in Charlotte
Description of Activity:
(1) NWP 14 (200130330) - Construct 2 minor road crossings on 2 separate unnamed
tributaries to Sugar Creek (impacts to stream channel totalling approx. 287 LF); (2) NWP 39
(200130510) - Impact approx. 2,863 LF of unnamed tribs (determined to have
"unimportant" aquatic function) through fill and inundation (for stormwater ponds) and
approx. 0.01 acre of wetlands in order to accommodate the construction of the above
referenced development. Charlotte -Mecklenburg S.W.I.M. buffers will be required for
perennial channels on the property (35-50 ft. on each side of the channels) and additional
wetlands on the property will be avoided.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899),
Audwrizadon: Regional General Permit Number.
14, 39 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 actividy 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 Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
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 t
obtain any other required Federal, State, or local approvals/permits. The permittee may need to conta
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Perm
Nationwide Permit, please contact the Corps Regulatory Official specified below.

Michael F. Easley
Governor
William Ross, Secretary
>_ Department of Environment and Natural Resources
Gregory J. Thorpe. PhD,
Acting Director
Division of Water Quality
January 8, 2002
Mecklenburg County
DWQ Project # 01-0210
APPROVAL of 401 Water Quality Certification and Additional Conditions
Mr. Thomas Henson
BV Holdings, LLC
6100 Fairview Rd., Ste. 650
Charlotte, NC 28210
Dear Mr. Henson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.23 acres of wetlands and 3150 linear feet of streams for the purpose of constructing a commercial
development at the Ayrsley site as described in your application dated February 6, 2001. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers 3287and 3289
which can be viewed on our website at httt://h2o.err.state.nc.uslncwetlands. These certifications allow you to use
Nationwide Permit Numbers 39 and 14 when the Corps of Engineers issues them. In addition, you should get any
other federal, state or local permits and approvals before you go ahead with your project including (not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification. (This Certification replaces the one issued to you on March 22, 2001.)
This approval is only valid for the purpose and design that you described in your application except as modified
below. 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 this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h),
(6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Deed notification or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and streams to notify, the state in order to assure compliance for future wetland
and/or water impact. These mechanisms shall be put in place 30 days of the date of this letter
or the issuance of the 401 Permit (whichever is later).
2. An additional condition is that the stormwater management plans for areas B, C, E, and F
dated December 20, 2001 for the two level spreaders and dated August 6, 2001 and revised
October 26, 2001 and December 3, 2001 for the three stormwater management ponds at the
subject facility prepared on your behalf by The Isaacs Group and submitted to the Division on
December 21, 2001 shall be constructed and operational before any permanent building is
occupied at the above Areas. The stormwater facilities (as approved by this Office) shall be
constructed and operational, and the stormwater management plan (as approved by this
Office) shall be implemented. The structural stormwater practices as approved by this Office
,A
as well as drainage patterns must be maintained in perpetuity. No changes to the structural
tM
Division of Water Quality 1621 Mail Service center Raleigh, NC 27699-1621
Wetlands/401 Unit: [phone]
Fax: [phone]

� WATT
-Q RQG Michael F. Easley
Governor
rWilliam Ross, Secretary
>_ Department of Environment and Natural Resources
Gregory J. Thorpe. PhD.
Acting Director
Division of Water Quality
stormwater practices shall be made without written authorization from the Division of Water
Quality.
3. A final, written stormwater management plan for areas A and D shall be approved in writing by
this Office before any building is occupied at each site. The stormwater management plan for
Area A must include plans and specifications for stormwater management facilities designed
to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. The stormwater management plan for Area D must provide
diffuse flow through the entire SWIM buffer. These facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural
stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings PO Box
27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-1786 or Pete Colwell at our Mooresville Office at
704-663-1699.
Sincerely,
lr. � l
of Thorp
Attachment
cc: Corps of Engineers Asheville Feld Once
Mooresville DWQ Regional Office
File copy
Central Files
Todd St. John
Wendy Overby
C 10A
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Wetlarxis/401 Unit: [phone]
Fax: [phone]

Ait'A"r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
February 4, 2005
Mr, Thomas Henson
BV Holdings, LLC
6100 Fairview Road, Suite 650
Charlotte, NC 28210
Subject Property: Ayrsley Site
APPROVAL OF STORMWATER MANAGEMENT PLAN
Dear Mr. Henson:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 01-0210
Mecklenburg County
On January 28, 2005, the Division of Water Quality (DWQ) received the revised stormwater management
plan prepared by your engineer, Mr. Brent Cowan, P.E., of the Isaacs Group. This Plan has been
reviewed and satisfies the storm water management conditions of the 401 Water Quality Certification
issued on January 8, 2001.
The structural storm water practices as approved by DWQ 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. Storm water easements shall be recorded for a
distance of at least 10 feet on each side of all storm water conveyances on all lots containing these
structures including future access for maintenance. The storm water easements shall allow for the ability
to maintain the structures, perform corrective actions as described above and shall provide protection of
the structures from potential alternations by future property owners.
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 Cynthia Van Der Wiele, Ph.D. at 919-715-3473.
Sincerely, /
4�44
Cyndi B. Karoly
DWQ, Wetlands / 401 Unit
CBK/cvdw
cc: DWQ Mooresville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Brent Cowan, The Isaacs Group, 8720 Red Oak Blvd., Suite 420, Charlotte, NC 28217
401 Wetlands Cediflcation Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650 One
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2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 1 Y olth Lc` ro lin a
Phone: [phone] / FAX [phone] / Internet: ht�:11h2o__.enr.state. nc.us!ncvystYands -A'1
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