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HomeMy WebLinkAbout20071551 Ver 3_401 Application_20131113T14, -i WM;t 01- ISS I V3 'LL4 Wetland and Natural Resources Consultants, Inc. Agent Authorization ;�P, The undersigned, a representative of the current landowner of the property identified below, hereby authorize Wetland and Natural Resource Consultants to assist with the collection, preparation, and submittal of information necessary for the processing of Jurisdictional and /or Permit Verification requests and their associated Water Quality Certification as regulated under the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Wetland and Natural Resource Consultants staff. Property Owner / Applicant: REDUS C/O Wells Fargo - Commercial Owned Real Estate Contact Name: Pat Greathouse Street Address / PO Box: 301 S. College Street, Fourth Floor City, State, Zip Code: Charlotte, NC 28202 Phone / Fax Number: Project Name: Christenbury Four Comers Property Street Address: Derita Road and Concord Mills Blvd. NCDWQ #07 -1551 USACE SAW-2007-2970-313 County and Tax PIN: Owner / Applicant Signature: Date: " �� V 2'v 101,E Sparta Office 170Dew Drop Rd, Sparta, NC 28675 �oF WArF9 G v o < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: FZ Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 3890 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑ No For the record only for Corps Permit: ❑ Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? []Yes ® No 2. Project Information 2a. Name of project: Christenbury Four Comers USACE SAW 2007 - 2970 -313: NCDWQ #07 -1551 2b. County: Cabarrus 2c. Nearest municipality / town: Concord 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: REDUS Commercial Owned Real Estate 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): REDUS Commercial Owned Real Estate, ATTN Pat Greathouse 3d. Street address: 301 South College Street, Fourth Floor 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: REDUS Commercial Owned Real Estate, ATTN Pat Greathouse 4c. Business name (if applicable): 4d. Street address: 301 South College Street, Fourth Floor 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Christopher Huysman 5b. Business name (if applicable): Wetland and Natural Resource Consultants 5c. Street address: 170 Dew Drop Rd 5d. City, state, zip: Sparta, NC 28675 5e. Telephone no.: 336 / 406 -0906 5f. Fax no.: 5g. Email address: Chds.Huysman @wetland- consultants.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Cabarrus County 4589378441 1 b. Site coordinates (in decimal degrees): - if you can't get Latitude: 35.3771 Longitude: 80.7339 these, just include a very good vicinity map 1c. Property size: 90.4 acres 2. Surface Waters 2a. Name of nearest body of water, (stream, river, etc.) to UT of Clarke Creek/Rocky River proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Broad River map is available at Yadkin http: / /h2o.enr.state.nc.us /admin /maps/ 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Highly disturbed agricultural land. NC DW R staff (Alan Johnson) visited the site on October 4, 2013 and commented that mitigation requirement from the prior authorization was sufficient for the project. The project was permitted in 2007 but impacts were not completed prior to the expiration. The required stormwater management pond is functional and the required mitigation obligation has been satisfied for the entire site. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Estimated length 1,600 linear feet 3d. Explain the purpose of the proposed project: Development of building pads, parking lots, stormwater management facilities for a large planned commercial development. Two of the four comers have been completely developed and the stormwater management facilities are installed and functional. The remaining two parcels are east of Derita Road. The anticipated land use remains the same. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project is a large commercial development including anchor stores and outparcels.' Heavy construction equipment will be utilized. Site is subject to a strictly enforced local erosion control ordinance. The two parcels located west of Derita Road have been completed. The undeveloped parcels contain the stormwater management facility and are undisturbed. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes [:1 No El Unknown project (including all prior phases) in the past? Comments: Johnson and Lund 4b. If the Corps made the jurisdictional determination, what type ❑Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Rindner Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. See USACE SAW AID 2007 - 2970 -313 and NCDWQ # 07 -1551 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 12 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If then; are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T NWP #39 UT of Clarke Creek ❑ PER ® INT ® Corps ® DWQ g' 300' S2 ®P ❑ T same same ❑ PER ® INT ❑ Corps ❑ DWQ 4' 336' S3 ®P ❑ T same same ❑ PER ® INT ❑ Corps ❑ DWQ 3' 403' S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 1,039' 3i. Comments: Page 5 of 12 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary (P), or 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) ❑P [IT 02 ❑P [IT 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 61 ❑P ❑T El Yes ❑ No B2 ❑P [IT El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Permanent impacts to important intermittent streams are limited to 300 linear feet. The remaining stream impacts are to unimportant intermittent streams based on USACE and NCDENR. The proposed impacts to streams are required to develop flat pads for commercial development, parking, roads, pedestrian areas, and related engineering and design requirements on this commercially zoned property at a major intersection of two thoroughfares. Impacts to Clarke Creek tributary have been avoided. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Significant buffers along Clarke Creek are provided in accordance with local ordinances. Compliance with buffer and stormwater requirements are greatly enhanced by local planning and engineering department oversight tied to site plan approvals. In addition, the proposed scope of the development was significantly reduced to allow for the development of required stormwater management facilities and to allow the RSOD buffers. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: See attached reciept Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. E] Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 9 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? Max 70 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Since the project is commercial, impervious is expected to greatly exceed 20% impervious. However, Concord has adopted Phase II NPDES Stormwater Requirements, plus detention of the 10 year and 24 hour storm predevelopment rates. The stormwater management plan will be subject to review and approval by the City of Concord. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Concord ® Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state- implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 26 .0200)? 2b. Is this an after - the -fact permit application? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Concord has adopted Phase II NPDES Stormwater Requirements, plus detention of the 10 year and 24 hour storm predevelopment rates. The stormwater management plan will be subject to review and approval by the City of Concord. In addition, perennial streams such as Clarke Creek are subject to RSOD buffer requirements as depicted on the plan. 4. Sewage Disposal (DWQ Requirement) 4a. 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 facilities Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program Website (NHP Map Viewer) 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? F[:l Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? None 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Mecklenburg County GIS Chris Huysman November 14, 2013 Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 f� - ���� ✓V', �'� �.� �i =���a p�� s"�r'� �r� l !� tai. �'� iti.✓ r /i, • ,?t� .�� e�. \� 4� i \\ •���,�``` %.v-' " ,I - S�! � ' �U t —:��' ...: j � 1, �� ' ; `\` •' /fr el (�;_i/rA `\ jai _ _ , , i Ate• ! 'f' V( �� % "rte, ,"-n "4( �j -� '��Y '��i• '���',���u, ��; {A � �[J� �, I �,� l� I� lr �> -`::1 � \t \, { � �" 11•`,1 � /f�A Oti, ,+ i I J�� � „1; �'`� , j � '- ��.•�� ��'\ � , �� 1 � r .\ i rrt r � J'' Jae' �` r� •�A- � "*'^ .- • � � ° ' � ° �V' �� ''�'� C? j , Christenbury Comers ,' 1 4 ,4 i \• J, Cabarrus County, NC Derita Rd. Clarke Creek -�- �/ %�`' •` a ; �', : , l` 5Y';% %� c. }� Index # 13 -17 -4 C Classification o ss� \ Class Date 07/01/73 �w N 35.3771: , �' '; _ :�� �� , _�� • � \,, }'' �� v �� < � �' }, ii' � 339 "•�,- 90.4 ac �� � I `:Y�' a— � lLi_! � � ��� - � �,ltri i :'Ci�J 'L .4 �y� _ _'^' ` � \` ' , l� ��`•,�� �•� t � J" --..J� ''; �_ Jy .ate• -�,' 1 ��,� �� `} �V ( ` /lf' / • (� f�....•. 'tl � � � �, fir.. -�� �f ) \�, y. �''`��1 `.�- —��Js) �,� j� mil _ ;� C�" �ti\ 1� � , t '�i'r ✓� �� �t� ��,.� ! • . v �� .r,,`�+.a✓ ll • t �'V r �':A �t ��.r; �� �I(�� C\� �.: 1 (r'r { I,' i"X ay \\ ' ` ' : ('1\ -. _ � '� .�- �- •,�,.E�,�, .. `�� =...� \-�`.� -111 �1 �:,"i \:��._.1. I.�C�� ...., �,, • ;�,,/ � �`. . -, \ \\ ``�.Esa \` r 46) /.'�'� ,l. � iijL. ...., v��•�l�j�i`:� l�,t ��c�^� "���`'i�l�li����S�i�� �� ��.. I ,� \�i�t �� ',���" �1{ ..^'V`�' (2 (r ;< � �, • as •�. �,. � ..�� ��, �, � • �. i �i 1�\ ��`' >/; ,, ,�� c � - • �" - t . Cent ' i•) _ �� �� -.._� /'(� ,y� f,..��,,'�G {�,�, i i ti , +`i `c b 1 ti i 4� -s- .,VA X, � , ','mac' �, 1 \ 1 v, `{! ,;.1y " -'1 ,' ol� ''f,� . -.'`^� r /�"v` � � �• ,�11, I Soil Map — Cabarrus County, North Carolina, and Mecklenburg County, North Carolina 3 v 8 � 35° 22'50"N �i 8 N N 8 M 8 a R, K v 0 0 v rn M 1400 524500 524600 524700 524800 524900 525000 3 N N1 V 11/7/2013 Page 1 of 4 35° 22'14'N Soil Map— Cabanus County, North Carolina, and Mecklenburg County, North Carolina MAP LEGEND Area of Interest (AOI) C Area of Interest (AOI) Solis Soil Map Unit Polygons Soil Map Unit Lines ® Soil Map Unit Points Special Point Features () Blowout ® Borrow Pit d Clay Spot (`t Closed Depression Gravel Pit -_ Gravelly Spot Background Landfill Aerial Photography Lava Flow Marsh or swamp t Mine or Quarry Miscellaneous Water 0 Perennial Water V Rock Outcrop + Saline Spot �.� Sandy Spot 4� Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Natural Resources Conservation Service 1@ Spoil Area Water Features Stony Spot Streams and Canals Very Stony Spot }4{ Wet Spot d Other •0 Special Line Features Water Features Streams and Canals Transportation }4{ Rails �y Interstate Highways US Routes Mayor Roads -_ Local Roads Background ® Aerial Photography Web Soil Survey National Cooperative Soil Survey MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http : /twebsoilsurvey.nres.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal -area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA -NRCS certified data as of the version date(s) listed below. Soil Survey Area: Cabarrus County, North Carolina Survey Area Data: Version 12, Sep 11, 2012 Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 12, Jul 6, 2012 Your area of interest (AOI) includes more than one soil survey area. These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Feb 11, 2011 —Mar 2, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. 11 /7/2013 Page 2 of 4 Soil Map- CabaRvs County, North Carolina, and Mecklenburg County, North Carolina Map Unit Legend Cabarrus County, North Carolina (NCO25) Map Unit Symbol Map Unit Name Acres in AOI Percent of A01 ChA Chewacla sandy loam, 0 to 2 17.4 5.4% EnD percent slopes, frequently 24.0 7.5% IrB flooded 0.1 0.0% COB Coronaca clay loam, 2 to 8 0.7 0.2% MO percent slopes 12.5 3.9% CuB2 Cullen clay loam, 2 to 8 percent 19.1 5.9% Subtotals for Soil Survey Area slopes, moderately eroded 21.9% Totals for Area of Interest EnB Enon sandy loam, 2 to 8 percent X6.9 8.4% slopes EnD Enon sandy loam, 8 to 15 74.1 23.0% percent slopes IdB Iredell loam, 2 to 6 percent 0.9 0.3% slopes MeB Mecklenburg loam, 2 to 8 52.0 16.1% percent slopes MeD Mecklenburg loam, 8 to 15 26.2 8.1% percent slopes PoB Poindexter loam, 2 to 8 percent 10.6 3.3% slopes POD Poindexter loam, 8 to 15 3.1 1.0% percent slopes PoF Poindexter loam, 15 to 45 17.8 5.5% percent slopes W Water 2.7 0.8% Subtotals for Soil Survey Area 251.61 78.1% Totals for Area of Interest 322.4 100.0% Mecklenburg County, North Carotins (NC119) Map Unit Symbol Map Unit Name Acres in A01 Percent of A01 EnB Enon sandy loam, 2 to 8 percent slopes 6.5 2.0% EnD Enon sandy loam, 8 to 15 percent slopes 24.0 7.5% IrB Iredell fine sandy loam, 1 to 8 percent slopes 0.1 0.0% MeB Mecklenburg fine sandy loam, 2 to 8 percent slopes 15.1 4.7% MO Monacan loam, 0 to 2 percent slopes, frequently flooded 12.5 3.9% WkD Wilkes loam, 8 to 15 percent slopes 12.5 3.9% Subtotals for Soil Survey Area 70.7 21.9% Totals for Area of Interest 322.4 100.0% usDA Natural Resources -Web Soil Survey 11/7/2013 Conservation Service National Cooperative Soil Survey Page 3 of 4 MAPO WEST •:; : 400 m Al I 1200 ft .f I I If t f f I~Qnftrd I l M Atlpv�riC y � r , F _A#, tiry LA All CIO _ ,v 0 200 7 UMI CiUaost Inc. \ �' 0' ► 2tad N1AVTEQ G G=O. 10 Fl ti 4 4P j 35.37710N, 80.7339OW (WGS84/NAD83) USGS Kannapolls Quad 611X N WA wom". -,, 7-k CHRISTENBURY APPROXIMATE SITE LOCATION a a _ a rL n ,{.64..ry i bbl y f t ' ) p r f f x�J . t C' yP Vr E7, �. l., ..^ .. +. � '.yj % •'',.h �5.� }fit; 5 J �. w• TOP a Wr-. w taa em h 'T _ _ y •. w Z Sin 5. mp � n,. :.•t� � wag.° F . 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STRM DI f �rr t� l5 t = �-. .• yr - y5 . .t �_ �r t "A- LOCATE C•L & j Nl(v) - 9: WETLAND SLOUGH _ tj �j WIDTH OF PER. I rdor or �} ? 1 ti STREAM K16 - 29: INT. STREAM I wNik N., END. SECTION A e r `•,�'_. °- ".,,�� —` r �- - �'_�``.l rr Sri �� s 1 rr _.t' � M1 _ 5/K1-16 r `fr INT. STREAM r' r `� ' _ �jt � -`' �' •a' 1,�. ve `GRADE1�1 —jf_ ` STORM WATER CONVEYANCE/EPH. DRAINAGE X746, CHRISTENSURY r INT. STREAM El \ G WETLAND AND STREAM ,,�a �, DELINEATION J Ql - 24: PER. STRM ` ,. 12x4-06 (revised 1.15.07 per surveyor _i5�ft`��,,�y ' �� coordination) S/27/07 USACE WATER CONVEYANCE -- '`-° .�ti`., , . � ,�.� ,f ' ' 6/27/07 NCDENR 1 CHRISTENBURY 4- CORNERS UNDISTURBED EXISTING CONDITIONS RSOO Bu�ER CESI PROJECT NO. 061111.035 DATE: 08 -30 -07 ENGINEERS - SURVEYORS - � •' "'� l l t � � ! f PLAMNERS NSPE PE'NC ACM NSPS , Y ice' t_ • 't t' \. %r_ NCSS ASHE ASCE :- ,c i PA Eft 20 ` > COIICOItD. NC 2E025-OZ66 S � ���„�r�,t�Y —y�,� i � r•�^1 � t, ! PMEVT9EAVICES pnC \ -? /'�� /r�.�:s 3� =.i \\ / C,✓ rt• ,.� \ Q CIS 2007 \ PORTANT)NTERMITTENT STREAM % �' _ Yl� ,'�~_ t t ,' 1 `390' MAXIMUM STURBED !t UNIMPORTANT \ INTERMg7NT STREAM Y ti � { r M 1 —K 16 6.07' DISTVRBEIQ UNIMOORTANT r r r� t�•, + /, T INTERMITTENT STREAM, 101 -010 ' ,{ ,t J �—� —'�:� tr;t / 'z t l V 160.78' DISTURBED ,� ,,: • ,`'� _ — ;` 4.` 4 e c (��' , `. `�, ` , i UNIMPbRTANT INTERMITTENT STREAM--' _� A 242.37' DI$TURBIE#1 so.7RES ` —�- �` (OICtUlA 4 ARIA IN O)9(Ir t , of OERffA,RD) ,4' CLOG # ... ,„ a.�,��`� � !t i _ , -.• !' le•+ :.z- _ ,' _ _' y ~ � � - `\� ' �4 r�` ~ .''� TOTAL J�i,. ^. ID vl GIMP ANT''�r •t i r t` , +1 J $E CORNER 1 TRACT PERENNIAL STREAM �� ! r rN 01 -021 `�INCIAJOI ARFA NO DISTURBANCE DES. '15p'�"' ti t,A�, �l,} �, %' \ \\ - GRAPHIC SCALE -4W o No 400 IN FEET IL v � � I I inch = 400 it CHRISTENBURY 4--CORNERS OVERALL SITE PLAN CESI PROJECT NO., 061111,035 STORMWATER MANAGEMENT RMP DATE: 08-30-07 tOR NE & NW OORNERS ENGINEERS — SURVEYORS PLANNERS NSPE PENC ACSM NSPS NCSS ASHE ASCE 45 SPRN ff. FBI PA am m IC 28Ul-M VICES F PROPOSED RETAINING WAI1L 0 CM 2W STORMWATER MANAGEMENT BMP� I I UNIMPORTANT INTERMITTENT STREAM 01-010 UNIMPORTANT INTERMIT INTERMITTENT STREAM % . ,p I'l -pi 6 PERENP41AL STREAM JL�N 01-021 NO DISTURBANCE PROPOSED 74# 4 s? Y ti CGS 403.15 LF. OF UNIMPORTANT STREAM IMPACT PROPOSO REY*IKG WALL v13 ~A lc- 41 UNDISTURBED \\RSOD BUFFER UM 300' OF IMPACT ALO &CENTERUNE N, IMPORTANT li4TEhqMNT STREAM j'i'l; K 2 9 U 'MP NI ORTANT INTERmuft, STREAM Ml-K16 �TOWAWATER MANAGEMENT BMP F& SE CORNER GRAPHIC SCALE wo 0 200 400 IN FEET 1 inch = 400 ft, Nw CHRISTENBURY �' ' ` 2� CORNER �C PROJE :Y. A_ •�` jr �1INDI B ,RSOD bU WALL SNIP INTIf$k1T �•"' (fl \ \� \� " �'�¢F p pJ 1`� _•rte `` -�'� � jt / / y Q \e �.`�'".'` �* � � c > 300 OME C LINE y 't ���„ y �` �\ • 1 r ff / UN zk ISO ISO 1 CHRISTENBURY 47 ,CORNERS NW do NE CORHJERS BMP PLA CESI PROJECT 0. 061111.0 DATE: 08 -3/0-07 =ice ENGINEERS — SURVEYORS` — V` ! / PLANNERS NSPE PENC?GSM*SPS( NCSS ASHE ASCE , •Z`�' , ;v , .` 0 spw sr. w # PA. soot see aolcal% me sets Bevel PALM SERVICES '0 s, ` r ; f„ X Via° r .c %" / o c® no STORMWATER MANAGEMENT BMF( UNDISTURBED .RSOD BUFFER SWM NOTE: \ ' THIS OMP 5 DESIGNED TO CONTROL \ STORMWATER RUNOFF (QUALITY & \ a / \ QUAMiTY) FROM FULLY DEVELOPED ! GR HIC SCALE - � f d 120 0 w 120 FEET ) f PROP ED R NO 1 inch 120 ft CHRI RY 4 -COR \ \ %CO E SITE PUaj I 0. 061 DATE ' � 1� •! � � /' � a \ \ \� ,� ta" _ swl+ NOTEi , �• /% / �/' , t DUAL" MID QUAM1fY � R \ K , �.oF r EIVCIN — SU iNIS Sm WILL BE "W OR cbgf.? ESPS \ t NO STREAM OR WEnAA IMP PROPOSED ON THIS PARCEL Q5 S�j I -c C�5 � Q i. /..""Y , -� � ti`s .� � � ` • -ti ` �� � `` - �l -•/ GRAPHIC CALE TAIL :. � ,.A1Sb o 78 150 rosoc � ^ /1 L _ ~------- __LEV RD MILLS BpULEVAD -- — '' ( h ,� 150, it. GHRIT Y 4 -ERNE ' ° Qom. -x--� COR`�IR , PLAN = -- C R61JECT m owl- . ��T��� � �r SQ f j ` PLAN -N Nc #' r1vr SBRVICES \ n _ CONCORD MILLS BOULEV 6 Tp4FCE 4 AC 000 AIL �4�'T� f '/ / i NO STREAM OR WETLAND 1MMR44CT5 PROPOSED ON THIS PARCM ,yam r STORMWATER MANAGEMENT BMP \ GRAPHIC SCALE —10 O 60 120 IN FEET \ ED RETAINING WALL ` , / �^ i inch = 120 it. >, 9� --- _ _ ONCORI) MILLS bOUiI►RD RVEVO PEW N4. J ,•lam :� ^°' ' � 4` 1 I _ f _ c 672 r i SWM i 1 \ NOTES THS TMs eMP s DfSKiNED To cormtoL ` STORMWAM RUNOFF (QUAM & FRO QU M FULLY DEVELOPED CD Ica _ _ SCALE ' -- _ _ — - GRAPH - —too 0 _ - - -_ — — IN FEET ) == 1 inch = 100 M STOR ME CHRISTENBURY 4C-CORNERS _ : P v ` SW CORNER SITt PLAN CESI PROJECT NO, 061111.035 DATE: 08 -30 -07 ENGINEERS - SURVEYORS PLANNr�g NSPE PENC AGSM NSfSS \ �\ -• _ 1, NCSS ASNE ASCE Z: PAS ON I �.; j. ,+ t` ra�vrssxvccs PN011B gee -ego• l O as mot UNIMPORTANT i '`"o' //� i/ \` , ;\ `\` `r l ' / �j ; a`' I J {✓ ` �rj'+ �' ' INTERMITTENT STREAM UNDISTURBED RSOD BUFFER .PERENNIAL SW.EAM NO DISTURBANCE + �. - PROPOSED , �v 1- ` UNIMPORTANT INTERMITTENT STREAM �` ` / -200 01 -010 \ % OF \ s° 403.15' OF IMPACT TO / �i %�'` `(`IN"1'e) 26-6 �'�TA /• UNIMPORTANT INTERMITTENT STREAM 2� !'tti'° ^� CHRISTENBURY 4- CORNERS SW CORNER BMP PLAN CESI PROJECT NO. 061111.035 DATE: 08 -30 -07 ENGINEERS — SURVEYORS — PLANNERS NSPE PENC•ACSMAINSPS NCSS ASHE ASCE CESI � . IAND MVBLOPI V [ sE+xvccEs °nab �7ot°` 74 7i� o cm 2007 4y SWM NOTE' TNIS BMP IS DESIGNED TO 2% CONTROL SfORMWATER RUNOFF (QUALITY & ODUFROM FULLY DEVELOPED RM STnRMWATER MANAGEMENT BMP Ad �J m W-.61m ' o \ DI ��Ea\ a O RkOD R \ vfi In } 66 V. i CHRISTENBURY 4-CORNERS OVERALL STREAM IMPACT SUMMARY CESI PROJECT NO, 061111,035 DATE: 08-30-07 ENGINEERS — SURVEYORS — PLANNERS NSPE PENC AGSM NSPS NOSS ASHE ASCE 45 SP� St. P A 299 CESI No now-4m LAM Di VEwpmv,-r sEitvicEs MM, =5" 0 mm STREAM IMPACTS SUMMARY SITE J-PERENNIAL STREAM IMPACTS (FT )j JIMPORTANT INTERMITTENTIUNIM13ORTANT STREAM IMPACTS (FT) INTERMITTENT STREAM IMPACTS (FT) TOTAL (FT) SE NE 0 0 0 0 0 403.15 403.15 TOTAL 0 M"AX. • • M1 - 5 & K1 - 16 North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 11 -28 -U6 Project: PAKAUISE - CHKIS I LNHUK Latitude: 35.311 N Evaluator: I UUU WAKKtN Site: Longitude: tl X339 V TOW Points. 19 MECKtNtiUR(A CAUAKKU Other USE'S KANNANU1.15 UUAI Stmanr is at feast irdenrutterd County: a 9. (quad Name.: d 2 19 orperenniad if a 30 A. Geomo o subtotal = 12 1 Absent Wean Moderate 2 Stronq 1e.. Continuous bed and bank 0 1 2 2 16. Leaflitter 3 2. Sinuosity 0 1 17. Sedanent on plants or debris 2 1 0.5 3 3. In- channel structure: rtffle -pool sequence 0 1 0.5 2 1.5 3 4. Soil texture or stream substrate sorb 0 1 26. biacaobenthos (*tom dwersity acrd abundance) 2 101 3 5. Activefrelic tioodplain rol 1.5 2 3 6. Depositional bars or benches 101 1 2 3 7. Braided channel 0 0.5 2 3 B. Recent alluvial deposits FAC - O.S. FACW = 0.75. OBL = 1.5 SAV = 2.0. Other 4 0 14 1 2 3 9a Nahuallevees 101 1 2 3 10. iHmWcuts 0 1 2 3 11. Grade controls 0 1 1.5 12. Natural valley or drain a 0 0.5 1 13. Second or greater order channel on existing USGS or NRCS Wrap or other doctunenied evidence. No = 0 r Yes = 3 -- 'Man-nude dt*m are not raped. see discussions m manual R I.4iaMlwiw♦ ra. - 3 % 14. Grosmdwater flow/discharge 0 1 1 2 3 15. Water In channel and > 48 hrs since rein. or Water in channel - or r season 0 1 2 3 16. Leaflitter 1.5 1 IIA 0 17. Sedanent on plants or debris 0 1 0.5 L 1 1.5 16. Omenle debris lines or piles (Wrack bnes ) 0 0.5 1 1.5 19. Hydnc sods (redoximorphic feetures) present? No = 0 Yes = 1.5 t^ Rin4s7u Noti total = 4 1 Fibrous mats in channel 3 2 1 0 21D. Rooted plants in channel 3 2 0 22. Crayfth 0 Im 1 1.5 23. Bivalves 1 2 3 24. Fish 0 0.5 1 1.5 25. AnnAblens 0 0.5 1.5 26. biacaobenthos (*tom dwersity acrd abundance) 101 0.5 1 1.5 27. Filamentous at 0 101- 1 2 3 26. h'on oxidbIng becteriaMu s. 0 0.5 1 1.5 29 P. Wetland plants in strewrlbed FAC - O.S. FACW = 0.75. OBL = 1.5 SAV = 2.0. Other 4 0 Rom 20 and 21 focus on the presence of upland plants Item 20 focuses on fie presence of aQuaft or wenand crams. Sketch Notes- (use back scle of this form for additional notes.) K1b - 29 North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: 11- Zt3 -OG Project: NAKAUISh- CHKISItNHUK Latitude: -35.3t/ N EValuator: 1 UUU WAKKtN Site: Longitude: 8U-1-339 V` Total Points: Other USUS KANNAPULIS QUA! S6eam is of feast bdw..rff m 1S County: MEC:KLNBUKU& C;ABAKKU e.g. Quad Name: Wk 19 or perennial if z 30 A. Geomo olo subtotal = 14 Absent Weak Moderate 3 Strom 1. Continuous bed and bank 0 1 2 2 18. Leafider 3 2 Sinuosity 0 1 0 2 0 3 3. in- channel structure: rift-pool sequence 0 1 0 2 w 3 4. Sod texture or stream substrate sorting 0 1 26. Macrobe the malt d*wsvty and abundance) 2 101 3 5_ Activefreiic floodplain 1.5 t 2 3 6- Depositional bars or benches 0 3 1 0 2 3 7_ Braided channel 0 FAC a 0.5. FACW - 0.75: OBL = 1.5 SAV = 2 0. Other A 0 i 2 3 B. Recent alluvial deposits 0 2 3 9 a Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 134 1 1.5 12. Natural vakW or drainageway 0 0.5 1 13. Second or greater order channel on existing USGS or MRCS neap or other documented evidence. M_o=_01 Yes = 3 - Man -made cOtdves are not rated: see Osoussions m menus+ Q L&A..J.. 1 /.5 14. Groundwater floWdisellaW 3 2 2 3 15. Water to channel and r 48 hre since rein. or Water In channel -- dry or arowho season 0 1 1 2 3 18. Leafider 1.5 1.5 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Ownle debris lines or pMs (Wrack hnes) 0 0.5 w 1.5 18. c sods (redoxiinorphic features) present? No 0 Yes - 1.5 r pi#%L-ww fQ62 h&AfM1 = 6.5 1 Fibrous roots in channel 3 2 1 0 21 . Rooted pWft in dwnel 3 1 0 22. Cmyfth 0 0.5 1.5 23, Bivalves 01 1 2 3 24. Fish 0 0.5 1 1.5 25, Amphibians 0 0.5 1.5 26. Macrobe the malt d*wsvty and abundance) 101 0.5 1 1.5 27. Fdamentma a Lai 1 2 3 28. Iron oxidizing becteriaMu e 0 0.5 1 1.5 29 D. Wetland PWO in streembed FAC a 0.5. FACW - 0.75: OBL = 1.5 SAV = 2 0. Other A 0 Rims 2D and 21 fma on 0w oresenoe or upland oUr+ts Rem 29 mouses on tyre presence or aquaoo or weaana crarrm Sketch No*w lust back sift Offs form for additooW nates.p DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) PmjecUSite: PARADISE - CHRISTENBURY D : 11,27-06 ApplicanUOwner County: NIECK/CABARRUS InVestigator TODD WARREN & NICK NELSON State: No Do Normal Circumstances Exist on the site? ✓ Yes No Community ID: UPLAND Is the site significantly disturbed (Atypical Situation)? Yes No ✓ Transect ID: Is the area a potential Problem Area? Yes No ✓ Plot ID: (If needed, explain on reverse.) SHRUB VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Spg ft Stratum Indicator 1 Lrgoidambarsbra fta TREE FAO+ g 2. Plaafaaas oaddentaBs TREE FACW- 10 3 Rona maffillam SHRUB UPL 11 4.Vsmoafaaa* MHB HERB FACU- 12 5. Depth to Free Water In Pit: N/A (in.) Local Soil Survey Data 13 6. Depth to Saturated Soil: N/A (in.) Other (Explain In Remarks) 14. 7. 15. 8. 16 Percent of Dominant Species that are OBL. FACW or FAC (excluding FAC -). Z4 OR 50% Remarks: HYDROLOGY 4' Recorded Data (Describe In Remarks): Wetland hydrology Indicators: Stream. Lake, or Tide Gauge Primary Indicators: ✓ Aerial Photographs Inundated Other Saturated in Upper 12 Inches _ No Recorded Data Available Water Marks Drift Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: N/A (In.) Oxidized Root Channels In Upper 12- Water- Stained leaves Depth to Free Water In Pit: N/A (in.) Local Soil Survey Data FAC - Neutral Test Depth to Saturated Soil: N/A (in.) Other (Explain In Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Me6. Mecldenburg fine sandy loam - 2 to 8 % slopes Drainage Class: well drained Field Observations Taxonomy (Subgroup): Confirm Mapped Type? ,(Yes No Profile Desubtlon: Depth Matrix Color Motile Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munseli_ Moist) Abundance/Contrast Structure, etc. 0-5 A 10YR6 /4 N/A N/A SANDY LOAM 5.15 B 10YR 6/8 N/A N/A LOAMY CLAY Hydric Soil Indicators: Histosol Concretions _ _ Histic Epipedon _ _ High Organic Content in Surface Layer Sandy Soils _ Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local HydrIc Soils List _ Reducing Condition _ Listed on National Hydrdc Soils List _ Gleyed or Low -Chrome Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophy is Vegetation Present? ( Yes Wetland Hydrology Present? Yes Hydric Solis Present? Yes Remarks: No (Circle) I (Circle) No �/ No,/ Is this Sampling Point Within a Wetland? Yes No V WA r Q � • r O `C Ms. Angel Mendex Paradise Development Group, Inc. 3265 Meridian Parkway, Ste. 100 Weston, FL 33026 Subject: Four Corners, Christenbury Development Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Ms. Mendex: Coleen H. Sullins, Director Division of Water Quality October 18, 2007 DWQ# 07 -1551 Cabarrus County You have our approval, in accordance with the attached conditions and those listed below, to impact 1039 linear feet (If) of unnamed stream (463 If, perennial) to Clarke Creek in order to construct the Christenbury Development in Cabarrus County, as described in your application received by the Division of Water Quality (DWQ) on September 13 2007 and subsequent information received on October 10, 2007. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3631, which can be viewed on our web site at http: / /h2o.enr. state .nc.us /ncwetiands /recicert.html). 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 specked 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. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the installation, water flow shall be returned to its natural course. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained (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. 3. 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. 1wroc; J Ir North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663 -1699 Customer Service Intemet nwatecqulaity.org FAX (704) 663 -6040 1 -877. 623 -6748 An Equal Opportunity/Affirmative Action Employer — 50% Reoided/10% Post Consumer Paper 4. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the NC Ecosystem Enhancement Program (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 shall occur. The EEP should be contacted at (919) 733 -5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation requirement: 5. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of nprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 6. 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. 7. A final, 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 or local governing authority) 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 governing authority with copy provided to DWQ) before the impacts specked in this Certification occur per Condition No. 3631 in GC No. 4. 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. 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 storm water management plan (as approved by this Office) shall be implemented. The structural storm water practices as approved by this Office 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. 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities 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. 9. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. Compensatory Mitigation Re uired River and Sub -basin Number Stream 463 feet Yadkin 3040105 Wetlands acres Waters acres 5. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of nprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by the DWQ. 6. 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. 7. A final, 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 or local governing authority) 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 governing authority with copy provided to DWQ) before the impacts specked in this Certification occur per Condition No. 3631 in GC No. 4. 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. 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 storm water management plan (as approved by this Office) shall be implemented. The structural storm water practices as approved by this Office 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. 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities 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. 9. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 401NVetlands Unit of the NC Division of Water Quality. 11. Continuing Compliance. The applicant (The Paradise Group, Inc.) 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 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 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, "00 / /3 for Coleen H. Sullins Attachments: Certificate of Completion Form cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Cabarrus County, Development Services Central Files File Copy Len Rindner 07 -1551 NORTH CAROLINA - DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H.0500, Paradise Group, Inc. has permission as outlined below to impact 1039 linear feet of stream in order to proceed with the improvements at the facility in Cabarrus County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: COUNTY: BASIN /SUBBASIN Concord Mills Blvd. Concord Cabarrus Yadkin (03040105) 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. 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). Impacts: 1039 linear feet of stream Mitigation: 463 Linear feet of stream Mitigation: 463 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In correspondence dated May 23, 2007 the EEP indicated that up to 600 linear feet of stream mitigation would be conducted by EEP 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 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 foram. 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 • , U.S. ARMY CORPS. OF ENGINEERS WHIVENGTON DISTRICT �m Action ID. SAW2007- 2970 -413 County: Cabarrns USGS Quad: Kanuauolis GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner J Authorized Agent: Paradise Development Group. Inc., Attn: Angel S. Mendez, Met: Address: 3265 =diun Pou'kway. Suite 100 Westoa,,FL 33026 Telephone No.: 2i4- 2174980 Size and location ofpmperly (water body, road name/number, town, etc.); Approximate 90 -acre commercial deeelaument site (Chrlstenb—n dot uersl at the Intersection_ of Concord MMs Boulevard and Derita Road adiacent to Clarke Creek and unnamed UMMtarles we„ of Concord. Description of projects area and activity: Pine and All 300 Iinear feet of important intermittent stream channel and 739 linear feet of unimnortont intermittent stream channel on two unnamed tributaries to Clarke Creek for general site development. SPECIAL CONDITION: In order to comuensate for impracts to 300 linear feet of of 300 linear feet ofwarm wafer stream channel In the Yadkin Itiver Basin, Cataloging Unit 03040105. Construction within lurisdictiowd areas on the prope!U shall begin only after then ee has made hull payment a to the NCFEP and provided copy of the payment documentation tv the Corps. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Pemait Number: Nationwide Permit Number: 39 Yom work is authorized by, the above rethreneed permit provided it is accomplished in strict accordance with the 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 wmk order, a restoration order and/or appropriate legal action. This verification will retrain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. 9 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, revolted, or is modified, such filet the activity would no Ionger comply with the trams and conditions of the nationwide permit, activities which have commenced (Le., are under construction) or are wider contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised an a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733 -17867 to determine Section 401 requirements. For activities occurring within the twcaty coastal counties subject to regulation under the Coastal Area Nbungement Act (CAMA), prior to beginning work you must 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 approvals/permits. If there arc any questions regardigg this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steven Lund at telephone 828-271-7980. Cotes Regulatory Official: Steven Lund Datm Januatry 7,,2008 Expiration Date of Verification :. January 7, 2010 .-� L4J -�(—: The Wilmiagton 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 Satisti3etion Survey or visit hnR://www.saw.usacei&MX.mil8a_TLA MS/indmhtml to complete the survey online. Y I Debermination of Jurisdiction: ❑ Based an preliminary information, there appear to be waters of the US including wetlands within the above described project area. This prelim n o determnation is not an appealable action under the Regulatory Program{ Admmaisttative Appeal Process (Re%rence 33 CFR Part 331). ❑ There amWavigable Waters of ft United States within the above describedpreject area subject to the permit requirements of Section 10 of the Rivers and harbors Act and Section 404 of the Clean Water Act; Unless there is a change in the law or our published regulations, this dtion may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Glean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, tins detmuination may be relied upon for a period not to exceed five years from. the date of this notiScation. ❑ Tbu jttdaftional am within the above.descnbed prof ext area have been identified under a previous action. Please refixence jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: Streams rtre intermittent MMs) flowing to Clarke Creek a nergUnial tributary to the Roekv River-an aerenu, jal tribatary to t4 -le 'Yadldn River which is a aavlgable.vater. +Agueals Information Mk information applies only to approved jurisdictional determinations.) Attached to this verification is on approved jurisdictional det mdnnatian. If you are not in agreement with tbat approved jurisdictional determinadon, you can matte an administrative appeal under 33 CFR 331. Enclosed you will fwd a Notification of Appeal Process (NAP) fact dmt and request for appeal WA) form. If you request to appeal this determination you must submit a completed RFA farm to the following address- District Engineer, Wilmington Regulatory Division Attu: Steven W. Lund, Project Manager Asbevi'ite Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 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 part 331.5, and drat it bas been received by the District Office within 60 days of the daft of the NAP. Should you decide to submit an RFA Inn, it must be received at the above address by 11212008. * "It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspoudence. ** Corps Regulatory Official: Steven Li=d Date danuary 7.2008 SURVEY PLATS, FIELD SKETCId;'WMMAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, lF REQUIRED OR AVAILABLE. Copy Fmishe d: I& Leotard S. R.indner, Envirortmental Planning Consultant, 3714 Spokeshave Lane, Matthews, NC 28105 Angel Mendez Paradise Development Group 3265 Meridian Parkway, Suite 100 Weston, FL 33026 Project: County: DWQ #: USACE Action ID: EEP No.: Amount Paid: Check Number: HiPai Rm PROGRAM RECEIPT June 17, 2008 Christenbury Four Corners Cabarrus 07 -1551 S2007- 2970 -313 ILF- 2007 -5388 113,435.00 200009 The North Carolina Ecosystem Enhancement Program ( NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 /CAMA Permit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. Yadkin Stream Credits Wetland Credits Buffer II 03040105 (linear feet) (acres) (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Yadkin 0 0 463 0 0 0 0 03040105 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715 -1973. Sincerely, Vac&vk AW&enex f" William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands /401 Unit Steve Chapin, USACE — Asheville, Thelma Hemmingway, USACE Wilmington Alan Johnson, NCDWQ - Mooresville Len Rindner, agent File R�,stalYir�... ... Pno" Ow Stag R North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net