20070316 Ver 1_401 Application_20070207

Ms. Cyndi Karoly
NCDENR /Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
20070 3 i 6
~®UR~'E~Y
COPY
Reference: Courtesy Copy of PCN Application for Use of NWP #39
Buffalo Ranch Subdivision, Cabarrus County, NC
ESP Job No. TI09.700
Dear Ms. Karoly,
February 16, 2007
~`.'' U ~'J L~ ~ f /
FE8 1 9 2007
'+~1'tANDS ~ T7~IWAFER 9RANCH
On behalf of Provident Development Group, ESP Associates, P.A. has enclosed a copy of the NWP
#39 Application sent to the USACE, in association with the proposed Buffalo Ranch Subdivision in
the city of Concord, Cabarrus County, North Carolina.
Please find attached to this letter the following items:
1) A copy of the Natural Resources Report, including a vicinity, topographic and
jurisdictional features graphic;
2) A complete Pre-construction Notification (PCN) Application form;
3) Project site plan with detailed impact areas and culvert profile
4) USACE Notification of Jurisdictional Determination letter
5) USGS topo quad
6) Survey map of jurisdictional `waters of the US'
The purpose of this letter is to inform you of this proposed project; however notification is not
required because avoidance and minimization of impacts associated with this project have allowed
impact quantities to remain below the notification threshold. Proposed impacts have been
minimized to 0.097 acre of vegetated wetlands and 1351inear feet of intermittent stream for a single
road crossing. The owner/applicant of this property is Provident Development Group; however, ESP
Associates, P.A. (ESP) is acting as the authorized agent for the project. ESP performed the natural
resource investigations on the Site on January 26 and 31, 2006, and the jurisdictional determination
meeting between the USACE and ESP was conducted on March 1, 2006.
Project Description
The Buffalo Ranch Site is being proposed for a single family residential development and is
comprised of three parcels totaling approximately 87.1 acres (hereinafter referred to as the Site). The
Site is located on the north side of NC 49, at the intersection of Heglar Road, in Cabarrus County,

• ~ .,
Provident Development Group ESP Project # T[09.700
Buffalo Ranch Subdivision February 16, 2007
North Carolina. The Buffalo Ranch Site is situated approximately 10 miles from the Mecklenburg
County line and is located southeast of the City of Concord, North Carolina. The Site is surrounded
by a mixture of agricultural/pastureland, low density residential and forested areas. Provident
Development Group hopes to provide an environmentally sensitive and well-planned development
considering natural resource conservation, enhancement and preservation, while also offering a
reasonable, high-quality, single-family community development.
Jurisdictional Impacts
The proposed project design considers and incorporates the existing natural resource systems and
avoids and/or minimizes impacts to jurisdictional waters wherever possible. Avoidance of impacts
to jurisdictional areas was a central effort in the many considerations of residential development
design. The roads, utility corridors, and other developmental aspects of the proposed project were all
planned after the jurisdictional areas were thoroughly investigated. The proposed impacts to these
jurisdictional areas are necessary in order to provide access to residential areas within the
development and/or aid in the stabilization of certain areas.
The applicant was able to limit jurisdictional impacts to 0.097 acre of wetlands and 135 linear feet of
intermittent stream. In addition to the use of stormwater BMP's such as bio and wet detention areas
throughout the development, the on-site ponds will remain and the vegetated buffer surrounding the
large pond will be preserved, restored and/or enhanced in an effort to aid in the protection of on-site
and downstream resources.
Mitigation
These impact quantities are within NWP #39 thresholds of 0.5 acres of wetlands and 300 if of
perennial stream and also remain below the thresholds for NCDWQ written concurrence, which are
0.10 acres of wetlands and 150 if of intermittent or perennial. The 87-acre Buffalo Ranch
Subdivision has been designed to avoid and minimize the impacts to waters of the U.S. on-Site
through a careful planning process. Proposed compensation consists of the avoidance of a majority
of jurisdictional areas, minimization of impacts to the maximum extent possible, and preservation
and/or restoration of riparian buffers along the remaining jurisdictional waters. These preservation
areas will act as a natural filter for runoff associated with the development, compensate for any
minimal water quality impacts to downstream waters, provide additional wildlife habitat, as well as
compliment and enhance the residential community.
Please feel free to contact us with any questions regarding the information we have provided. The
project is described in much greater detail in the attached Jurisdictional Wetland Report. We
welcome any opportunity to discuss the project further, in person or otherwise. Thank you for your
time and consideration, and we look forward to working with you in the future.
Sincerely,
ESP Associates, P.A.
Renee Gallimore
Natural Resource Scientist
Adam V. McIntyre
Natural Resources Department Manager

Office Use Only: Form Version March OS
20070316
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicabte" or °Niw".)
I. Processing
COU R~'E~Y
COPY
Check all of the approval(s) requested for this project:
X Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
p~~~a~~ ~
FEB 1 9 2007
Name: Provident Development Group ~FNR - u-raTE~ guniaiTY
Mailing Address: Attn: Mr. Tom Waters ~ ~ STCIRMYYA'FER BRANGh
6707 Fairview Rd, Suite B
Charlotte NC 28210
Telephone Number: 704-367-0167 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Renee Gallimore
Company Affiliation: ESP Associates, PA
Mailing Address: 3475 Lakemont Blvd.
Fort Mill, SC 29708
Telephone Number:~803) 802-2440 Fax Number: (803802-2536
E-mail Address: r~allimore(a~espassociates com
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Buffalo Ranch Site
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 5549-69-0093. 5549-59-2272; 5640-70-5379
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): east of Hwy 601, north of
NC Hwy 49 (a~ He~lar Rd
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3867 N 80.5222 W
6. Property size (acres):
87.1
7. Name of nearest receiving body of water: UT Cold Water Creek
8. River Basin: Yadkin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Current land use w/in the site includes pastureland and
woodland w/-~75% of the site cleared for pastureland and -~15% reRresented b~pen water
fonds The Site is surrounded by a mixture of agricultural/pastureland, low density
residential and forested areas. Four jurisdictional wetland features, one stream and three
ponds were identified on the site.
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used:
The proposed use for the property is the development of a single family residential community.
Typical land development/construction equipment will be used including mechanized
excavation and rgrading equipment.
11. Explain the purpose of the proposed work:
The foals for Buffalo Ranch are to: 1 develop a high quality single-family residential
community 2) while maintaining the integrity of most of the on-site natural systems, 3) and
enhancing some areas that have had previous negative impacts, and 4~repairin~/enhancing those
areas that will be temporarily impacted from the development of the site The proposed impacts
to jurisdictional areas are necessary in order to provide access to residential areas within the
development Impacts to jurisdictional areas have been avoided and/or minimized where
possible Buffers will remain around existing natural features and additional measures will be
taken to insure the preservation and integrity of these natural resource features.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A request for a~urisdictional determination was submitted to Ms.
Amanda Jones in February 2006 and an on-site visit was conducted on March 1, 2006. No
permits have been issued and prior impacts have not occurred for this project.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits or additional impacts are expected with this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 7 of 13

wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Construction of road crossing for the purpose of accommodating access to other residential areas.
Area 1 • Impacts include permanent disturbance to .OS 1 acre of vegetated wetland area for the
placement of clean earthen fill and installation of a retaining wall designed for slope/lot
stabilization
Area 2• Impacts include permanent disturbance to .046 acre of vegetated wetland area for the
placement of clean earthen fill for a residential road crossing
Area 3 • Impacts include placement of clean earthen fill and installation of a 60" culvert for a
residential road crossing of 135 linear feet of intermittent stream.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Area Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
2 Earthen fill (permanent) forested no 0 (connected
to pond) 0.046
1 Earthen fill (permanent) forested no 300'+ 0.051
Total Wetland Impact (acres) 0.097
3. List the total acreage (estimated) of all existing wetlands on the property: 0.37 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Average
Stream Impact Stream
Number Stream Name Type of Impact Perennial or Width Impact Length Area of Impact
(indicate on Intermittent Before (linear feet) (acres)
map) Impact
3 UT of pond Earthen fill w/ culvert intermittent 4 feet 135 .0124
& rip rap (permanent)
Total Stream Impact (by length and acreage) 135 .0124
Page 8 of 13

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

Total Open Water Impact (acres) n/a
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .0124
Wetland Impact (acres): .097
Open Water Impact (acres): n/a
Total Impact to Waters of the U.S. (acres) .1094
Total Stream Impact (linear feet): 135
7. Isolated Waters
Do any isolated waters exist on the property? ®Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
An isolated wetland area exists in the northeastern portion of the site; we are including it our
calculations. Total impacts to jurisdictional areas on the site will remain under NW
thresholds. The total area of this wetland is 0.22 acre• 0.051 acre is being disturbed and the
remaining area appears to be located between ~roperty boundaries and/or at the back portions
of lots and will not be impacted by construction activities.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 9 of 13

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The stream crossing at Area 3 and the linear wetland crossing at Area 2 are necessary to allow
access to residential areas within the development and impacts to these areas have been
minimized as much as possible Impacts to Area 1 are designed to aid in lot/slope stabilization.
In addition onlyportion of Area 1 will be impacted and the maLrity of the wetland area will
remain unaffected. Stream crossings and associated impacts have been minimized and/or
reduced to staffwithin NW permit thresholds.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
Page 10 of 13

description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed project design considers and incorporates the existing stream systems and
avoids and/or minimizes impacts to jurisdictional waters wherever possible. Impacts are
within NW~ermit thresholds and therefore mitigation requirements are not expected for this
proLct The development proposes the preservation and/or restoration of planted vegetation
along a buffer zone around the pond. Areas that have existing_ vegetation will remain
undisturbed and areas that have had previous impacts or that will sustain temporary impacts
due to construction activities will be re-established with a vegetative buffer. Also, the use of
environmentally-friendlier stormwater BMP's such as bio and wet detention areas are
proposed It is our opinion that the client has done everything_possible to avoid/minimize
impacts where possible while providing access to other areas within the development as
well as allowing for the financial viability of the project.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wry/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No X
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
Page 11 of 13

and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ,_______ r ~~ Multiplier ,~,~,+,, ~+,,,~
Total
n/a
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
For the protection of on-site and downstream resources the on-site ponds will remain and the
vegetative buffer will be preserved and/or restored. The use of stormwater BMP's such as bio
and wet detention areas are proposed throughout the development to treat on-site Stormwater and
improve overall water quality
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
Page 12 of 13

' ., .
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No X
Is this an after-the-fact permit application? Yes ^ No X
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
No additional development is anticipated within or adjacent to the property.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

., ~ ~
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200630644
County: Cabarrus U.S.G.S. Quad: Concord
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Provident Development Group
Address: 6707 Fairview Road, Suite B
Charlotte~NC 28210
Telephone No.: 704-367-01.67
Property description:
Size {acres)
Nearest Waterway
USGS HUC
87 acres
Cold Water Creek
Fi~Ci=lVir®
i~~w~' ~ ~ 2QQG
!: S P r;SSQClhTES, F.~l.
20070316
Nearest Town Concord
River $asin Yadltin
Coordinates 35.385459 / 80.5235280
Location description The site is located on the north side of NC Hwy 49. an the east side of He~lar Road, in Concord,
Cabarrus County, North Carolina.
Indicate Which of the Following Auply:
A. Preliminary Determination
_ Based on preliminary information, there maybe stream channels, wetlands, and open waters on the above described
property. We strongly suggest you have tins property inspected to deternune die extent of Department of the Arnry (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the CIean Water Act. Unless there is a change in the law or
our published regulations, this deternnation may be relied upon for a period not to exceed five years from the date of this
notification.
X There are stream channels, wetlands, and open waters on the above described property subject to the permit requirements
of Section 404 of the Clean Water Act (CWA){33 USC § 1344). Unless d~ere 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.
We strongly suggest you have the stream channels, wetlands, and open waters on your properly delineated. Due to the
size of your properly and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
X The stream channels, wetlands, and open waters on your property have been delineated and the delineation has bean
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subj ect to
CWA jurisdiction on your properly which, provided there is no change in the law or our published regulations, may be
relied upon far a period not to exceed five years.
The stream channels, wetlands, and open waters have been delineated and surveyed and are accurately depicted on the
plat signed by the Carps Regulatory Official identified below on . .Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present an the above descnbed property which are subject to the
permit requirements of Section 404 of the CIean Water Act (33 USC 1344). Unless there is a change in the Iaw ar our
published regulations, this determination maybe relied upon for a period not to exceed fve years from the date of this
notification.
I

Action Id. 200630644
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of 5ectian 30I of the Clean Water Act {33 USC § 1311). If you have any questions regarding tlris
determination and/or the Corps regulatory program, please contact Amanda Janes at 828-271-7980 x. 231.
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property that exhibit indicators of ordinary high water marks. The stream channels on the property are unnamed
tributaries to Cold Water Creels which flows into the Yadkin River and ultimately flows to the Atlantic Ocean through the
Winyah Bay in South Carolina. The site also contains open water ponds that are adjacent to unnamed tributaries of Cold Water
Creek.
D. Remarlcs: Site visit conducted on March 1, 2006.
E. Appeals Information {This information applies only to approved jurisdic#ional determinations as indicated in
B. above)
Tlus correspondence constitutes an approved jurisdichional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Bart 331. Enclosed you will find a
Notification of Appeal Process (NAF) fact sheet and request for appeal {RFA} form. If you request to appeal this
determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Off cer
CESAD-ET-CO-R
U.S. Array Corps of Engineers, South Atlantic Division
50 Forsyth Street, Room 9MI5
Atlanta, Georgia 30303-8801
lu order for nn RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 50 days of the date of the NAP.
Should you decide to submit an RFA farm, it must be received at the above address by May 15 , 2 0 D 6.
**It is not necessary to submit an RFA form to the Division Office if you do not obj ect to the determination in this
correspondence.**
Carps Regulatory Official: l_.S~i.l`"`--~
Date March 15, 200G Expiration Date March 15, 2011
CF: ESP Associates, Attn: 7oanne Lewis, P.O. Box 7030, Charlotte, NC 28241

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20070316
A ant .~uthori~a.t~on ~ ~ ~ ~ ....,E ~_~ ~a4
US Amy Corps of )~ngin~ers
Section 404
Project Name: But~alo Ranch Site `° `~
Project Address: NC 49 at He lar Read
Concord Cabarrus Count Niyrth Carolina
Tex Assessor Parcel Nv. ; 5549-69-0043, 55451-59-?272, 5640-70-5379
Appllc;allt:
Natne/Company: Provident l~evelo ime~nt Grow
Mailing Address: (~7D7' Fairview Rt>ail Suits B
.harlotte NC 28710
T~;lcphone Number: 704-367-0167 Pax »umher: 7U4-367-()1(t~i
Current Uwn.er (if different Prom applicantj:
Nance: See attached A~cnt Authorizations
Consultant tnfnrn~atiUri:
Company: ESP Assoeiatcsti P.A.
Attn: Joanne Lewis
P/l:ailing Address: P.[). Box 7(l3(i
[:harlotte, NC 28241
Telephone Number: 7Q4-5133-4449
Fa?~ Number: 704-Sf~3-4950
Mailing Address:
Tclephcrne Number:
CaY. Number:
i / We, _ Provident L7evelnPn~ent Csrc~up hereby cerkify that i / 4v~: arc
the legal owner(s) or legal lease-holder {~r other legal contract-holder of that certain property refererced
above, and do hereby give, graLlt atld f or COtlvey unt(~ the US Army C"ot~~: c.if Engineers the right to enter
upon ar acr<~ss sail] property t'or the; purpose ofverificaticm cyf flagfTcd jurisdictional wetland and stream
boundarie:+ ]i~cate(1 nn the prt?perky by ESP Associates, P.A. 3t i5 hereby a~ccd that. th.e right of entry
granted shall waive claim of trespass nn s~.icl property aLld shall not be cleec~!ed a trespass during the
period ending on
Furthermore, I % we do hereby authorize E5P RssQCiates, P.A. to act on the behalf cif
Provident Devcla tncnt. Cron
in all natural resource services (spccitically wetland and stream matters) described under Section =1U4
and Section 4Ql t the Clean Wa~A,~t Pc~r the property referenced above.
~~
m Waters Date ©wner/Applicant Date
Provident Dcvclopm~nt Gr~upy`
Lcasc-holder:; must provide prvuf of their authority tc~ sib this d~CUment by providing n et~py oL ~ t;ofp+_~rate resolution ar
ether documentation sn skating.
'See attnClled Agerii Authuri~.clicyn lsom current properly cti~vncrs.

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X0070316
Natural Resources
Report
Provident Development Group
Buffalo Ranch Site
Cabarrus County, North Carolina
ESP Project No. TI09.700
Prepared For:
Provident Development Group
6707 Fairview Road, Suite B
Charlotte, NC 28210
704.367.0167 (p)
704.367.0198 (fl
Prepared By:
ESP Associates, P.A.
P.O. Box 7030
Charlotte, North Carolina 28241
704.583.4949
www.espassociates.com
February 17, 2006
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Table of Contents
1.0 Project Description ..........................................................................
2.0 Natural Resources ............................................................................
Plant Communities ....................................................................
Soils ...........................................................................................
3.0 Jurisdictional Topics ........................................................................
Waters of the United States .......................................................
Permitting ..................................................................................
4.0 Summary and Recommendations ....................................................
OS 1 U S t
Figure 1 -Vicinity Map
Figure 2 -Topographical Map
Figure 3 -Soils Map
Figure 4 -Delineation Map
5. o e se tatemen ..............................................................................................................
Appendix I• Figures ..........................................................................................................
......1
......1
......2
......2
......3
......3
......6
......7
......8
... 10

Natural Resources Report
Buffalo Rancli/Provident Development
1.0 Project Description
ESP Project No. TI09.700
February 17, 2006
ESP was tasked to review a property for natural resource issues including but not limited to the
presence of wetlands, streams and threatened and endangered species habitat. The Buffalo Ranch
Site is being proposed for single- and multi-family residential development and is comprised of
three parcels totaling approximately 87.1 acres (hereinafter referred to as the Site). The Site is
located on the north side of NC 49, at the intersection of Heglar Road, in Cabarrus County, North
Carolina (Figure 1 in Appendix ~. The Buffalo Ranch Site is situated approximately 10 miles from
the Mecklenburg County line. The Site is located southeast of the City of Concord, North Carolina,
within the ETJ to be annexed.
The three parcels are currently zoned as MDR by Cabarrus County. The current land uses for these
parcels include pastureland and woodland. The Site is surrounded by a mixture of
agriculturaUpastureland, low density residential and forested areas. Along the northwestern
property corner and the eastern property line are the two largest forested areas that border the Site.
The property has road frontage along NC 49, Heglar Road and Old Airport Road. The proposed use
for the property is the creation of a single- and multi-family residential community with common
open space dedicated to recreational use and natural resource preservation. This report presents the
findings of the natural resource investigations performed on the Site on January 26 and 31, 2006.
2.0 Natural Resources
The Site is located in the Piedmont physiographic region of North Carolina. It is described as
generally sloping from north to south toward an unnamed tributary (UT) of Cold Water Creek,
which crosses NC 49 just east of the property and flows southwest through the parcel directly
opposite the subject Site, on the south side of NC 49. The terrain is typical of the Piedmont and
contains smooth rolling hills separated by moderately sloping drainageways. Elevations range
from approximately 696 feet above mean sea level (MSL) in the northwestern corner of the
property to approximately 624 feet above MSL within the lower pond adjacent to NC 49 (Figure
2). Approximately 60 percent of the Site drains directly to an approximately 13-acre pond system
near the center of the property. The remaining 40 percent of the Site drains to off-site tributaries
that flow to the UT of Cold Water Creek. Cold Water Creek joins with Irish Buffalo Creek
approximately 5 miles downstream of NC 49, which flows into the Rocky River approximately 1
mile downstream of this confluence. Rocky River subsequently flows into the Pee Dee River at a
point approximately 5 miles downstream of the Lake Tillery dam.
Approximately 75 percent of the Site is cleared for pastureland. Another approximately 15 percent
is comprised of open water ponds. The remaining 10 percent of the Site consists primarily of mesic
mixed pine-hardwood forest. Considerable alterations to the topography have resulted from present
and past land-use activities on the Site. Construction of access roads and cattle grazing are two such
land-uses that have had obvious effects on the Site's topography. Some of these alterations may
have affected the jurisdictional characteristics of several natural resource areas on the property.
These alterations will be discussed in detail within this report. Four jurisdictional wetland features,
one jurisdictional stream and three ponds were identified on the subject property. The following
report describes the natural resource features on-Site.
1

Natural Resources Report ESP Project No. TI09.700
Buffalo Rancb/Provident Development February 17, 2006
Plant Communities
The proposed Buffalo Ranch Site is composed of two distinct vegetative communities based on
topography, soils, hydrology, and past and present land uses. The following two broad plant
community classifications have been identified within the Site: 1) mesic mixed pine-hardwood
forest and 2) maintained/disturbed lands (pastureland).
The maintained/disturbed lands represent the largest plant community and occupy approximately 75
percent of the Site. This vegetative community includes the large pastures currently used for
grazing by cattle. This maintained community has been planted with a fescue (Festuca sp.) mix and
also contains scattered successional grasses and wildflowers such as various sedges (Cyperus spp.),
dog fennel (Eupatorium capillifolium), Carolina horsenettle (Solanum carolinense), and
broomsedge (Andropogon virginicus). The ecotone along forest edges also contains greenbrier
(Smilax rotundifolia), eastern red cedar (Juniperus virginiana), blackberry (Rubus argutus) and
Japanese honeysuckle (Lonicera japonica).
The mesic mixed pine-hardwood forest represents the smallest plant community (approximately 10
percent) on the Site and primarily comprises the woodland areas located in the northeastern leg of
the property. This community can be described as a relatively undisturbed, riparian forest
community with a closed canopy and evenly spaced, uniformly-aged 30+-year mature hardwoods.
The canopy layer includes white oak (Quercus alba), sweet gum (Liquidambar styraciflua), red
maple (Ater rubrum), northern red oak (Quercus rubs), pin oak (Quercus palustris), short-leaf
pine (Pinus echinata) and loblolly pine (Pinus taeda). The moderate sub-canopy consists of such
species as black cherry (Prunus serotina), red maple, and eastern red cedar. A sparse shrub layer is
comprised of species such as Chinese privet (Ligustrum sinense), greenbrier and blackberry, as well
as saplings of various canopy and sub-canopy species. The sparse to moderate herbaceous layer
consists of seedlings of the various tree, shrub and vine species, as well as species such as sedge
(Carex spp.), Japanese honeysuckle, and Christmas fern (Polystichum acrostichoides).
Soils
According to the Soil Survey of Cabarrus County, NC (1988), there are a total of 4 named soil
series mapped within the Site. The soil series include Mecklenburg (2 map units), Enon (2 map
units), Poindexter and Chewacla (Figure 3).
Enon sandy loam comprises the largest percentage of the Site, mapped primarily along the uplands
to the east of the large pond. This soil is classified as well drained with slow permeability. The
subsoil reactions range from slightly acid to mildly alkaline. Water erosion hazard is severe and
shrink-swell potential is high. Two map units are described within the Site: 2-8 percent slopes and
8-15 percent slopes. The steeper gradient is mapped along north and east side slopes adjacent to the
pond.
Mecklenburg loam comprises the second-largest percentage of the Site, mapped primarily along the
western side of the pond. This soil is classified as well drained, with slow permeability and
moderate shrink-swell potential. Subsoil reactions range from medium acid to neutral. Two map
units are described within the Site: 2-8 percent slopes and 8-15 percent slopes, the steeper gradient
mapped along the lower side slopes of the pond.
2

Natural Resources Report ESP Project No. TI09.700
Buffalo Ranch/Provident Development February 17, 2006
Chewacla sandy loam soils are described as somewhat poorly drained, nearly level soils on broad
flats along major streams and on narrow flats along minor creeks, primarily within floodplains.
They are formed in recent alluvium and are frequently flooded. These soils are classified as
moderately permeable, with reactions ranging from very strongly acid to slightly acid throughout.
Shrink-swell potential is low. Chewacla soils are listed as Type B Hydric for Cabarrus County,
meaning that they are generally not hydric throughout, but may contain hydric inclusions in poorly
drained depressional areas. These soils are mapped within the drainageway of the UT of Cold
Water Creek offsite, and extend northward along a drainageway that intersects the northeastern leg
of the Site.
Poindexter loam, 15-45 percent slopes, is the last map unit and is mapped along the northeastern
bank of the large pond, encompassing a narrow linear wetland that drains into the pond from the
east and a jurisdictional stream that feeds the pond from the north. This soil is classified as well
drained with moderate permeability. It is typically located on steep to very steep uplands adjacent
to floodplains, particularly in the Cold Water Creek region of the county. Shrink-swell potential is
low and reactions range from strongly acid to neutral throughout.
3.0 Jurisdictional Topics
Waters of the United States
Sections 404 and 401 of the Clean Water Act (CWA) regulate discharges into "waters of the United
States." The United States Environmental Protection Agency (USEPA) is the principal
administrative agency of the CWA; however, the United States Army Corps of Engineers (USAGE)
has the responsibility for implementation, permitting, and enforcement of the provisions of the
CWA related to dredging and placement of fill. Water bodies -including lakes, rivers, streams, and
wetlands -are identified as "waters of the United States" and are subject to jurisdictional
consideration under the Section 404 program. Wetlands, defined in 33 CFR 328.3, are those areas
that are inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. USAGE and the North Carolina Division of
Water Quality (NCDWQ) define a jurisdictional stream as a clearly defined channel that contains
water for the majority of the year. These channels usually have some or all of the following
characteristics: distinctive streambed and bank, aquatic life, defined riffle/pool sequence, and
groundwater flow or discharge. Any action that proposes to place fill into these areas falls under the
jurisdiction of the USAGE under Section 404 of the CWA (33 USC 1344), and under the
jurisdiction of the NCDWQ under Section 401 Surface Water and Wetland Standards and is
defined in NC Administration Code 15A NCAC 02B .0100 & .0200.
A jurisdictional delineation to identify these areas was performed on the Site on January 26 and
31, 2006. Wetlands were identified using the three-parameter approach prescribed in the 1987
Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987).
Supplementary technical literature describing the parameters of hydrophytic vegetation, hydric
soils, and hydrological indicators was also utilized. Jurisdictional stream criteria were evaluated
3

Natural Resources Report ESP Project No. TI09.700
Buffalo Ranch/Provident Development February 17, 2006
according to the NCDWQ's Identification Methods for the Origins of Intermittent and Perennial
Streams, version 3.1 (2005).
Based on ESP's assessment of on-Site conditions, one jurisdictional stream system, including
three adjacent wetland features and two ponds, was identified within the property boundaries
during our field visit (Figure 4). One isolated wetland feature was also identified on the Site, and
a third pond with an ephemeral connection was identified in the Site's northeastern watershed.
The jurisdictional stream system, totaling approximately 470 linear feet of stream, was
delineated using orange and blue sequentially numbered survey flagging. Approximately 0.2
acre of wetlands was delineated using pink and black striped and blue sequentially numbered
flagging. The three ponds were not flagged, as they will be surveyed as part of the topographical
survey to be performed on the Site.
The stream system identified during our field investigations is comprised of a first-order
intermittent tributary that enters the Site at the northern property boundary and feeds the large
pond system at the center of the Site. The stream is fed by two valleys located on the adjacent
parcel to the north: one that drains from the northwest, and a second draining from the northeast
through a ditched portion of the stream that runs parallel to the property line for approximately
50 feet. The stream scored in the range of 22.5 to 28 points on NCDWQ's stream identification
form, which would classify it as an intermittent stream. The stream banks have sustained severe
impacts from cattle disturbance, and this appears to have escalated the occurrence of bank
erosion. Stream dimensions average approximately 4 feet wide and 2 foot deep, but several
sections of the stream lose bank definition due to cattle impacts. The channel contained
moderate base flow at the time of field investigation. A breached earthen dam is located
approximately 200 linear feet downstream of the northern property line. Below the dam, the
stream flows into the large open-water pond. This stream segment offers a potential for an
estimated 250 linear feet of stream enhancement or restoration, if needed to mitigate for onsite
impacts. Onsite mitigation is often preferred over other mitigation options, but must be approved
by the permitting agency.
Immediately to the west of this stream, a small jurisdictional wetland feature was identified
adjacent to this northwestern property boundary. Beyond the property line, the wetland extends
into an open water feature that may have originally been connected to the large onsite pond. It
appears that an access road was constructed years ago along the perimeter of the property by
filling a section of this pond finger that extended beyond the property line. No culvert was
installed, and the upper reach of this finger was cut off from the main body of the pond. The
onsite wetland is connected to the stream by an ephemeral ditch and drainage path that crosses
the access road and only flows when the water level in the finger is high enough to overflow into
the ditch.
A second wetland feature was identified along the eastern side of the pond approximately 250
feet below the stream. This feature is a linear wetland that appears to be fed by groundwater
seeping from the narrow drainageway. The wetland extends approximately 350 feet upslope of
the pond bank. The drainageway is vegetated with black willow (Salix nigra), American
sycamore (Platanus occidentalis), eastern red cedar, short leaf pine, loblolly pine, blackberry, rush
(Juncus effusus) and sedge (Carex spp.). Cattle impacts are also evident along this feature. This
4

Natural Resources Report ESP Project No. TI09.700
Buffalo Ranch/Provident Development February 17, 2006
was classified as a wetland, not a stream, due to its low score on the stream identification form
(17.5), presence of hydric soils and wetland plants in the channel.
A very small wetland area was flagged at the tip of a large finger of the pond located approximately
550 feet south of the linear wetland feature. This wetland appears to primarily derive its hydrology
from the adjacent pond, with fluctuations in water levels influencing the hydrologic characteristics
of the wetland. Hydric soils were identified and wetland vegetation was present within the rocky
substrate.
The southern end of the large pond system is impounded by NC 49 and an adjacent dirt access road
to the property. The access road separates the large pond from a second smaller pond. The smaller
pond receives overflow from the main pond through a culvert passing under the access road. A riser
structure was observed within the pond, designed to regulate the release of water during storm
events to help prevent flooding on NC 49. This pond also receives runoff from an ephemeral
drainage feature located along its western bank. Water levels in the pond appear to fluctuate,
exposing portions of its bed periodically. One consideration is that this smaller pond may serve the
purpose of a water quality pond for NC 49 Widening construction, or may serve as a storm water
overflow pond for the 11-acre lake. Further documentation of this possibility will be investigated
before the permitting process is initiated. It is our understanding that the current proposed Site plan
calls for this pond to be used to fulfill multi-family water quality requirements.
The northeastern portion of the Site contributes to a watershed that drains to an off-site tributary
to the UT of Cold Water Creek. Within this watershed, an isolated upland wetland depression
was identified. This wetland feature is characterized by heavy clay soils creating an impervious
bowl perched on a level upland ledge. The wetland was inundated at the time of our field
investigations, and heavy gleyed (hydric) soils were present up to several feet upslope of the
water line. Evidence of wetland vegetation was observed, although the vegetation appeared to
have been either cut or chewed by cattle. The feature is located within a mesic hardwood forest
at the center of the northeastern leg of the Site. No visible surface water connection was
observed during our visit.
The final feature to be discussed is a third open water pond system located in the northeastern
corner of the Site, along Old Airport Road. Considerable human and animal disturbances in this
area have altered any natural features to the extent that a jurisdictional call would be required by
the COE. The system includes a ditch that partially circumvents the pond to discharge into a
loblolly pine grove below. The ditch contained moderate flow on the day of field investigations,
fed by runoff from a grassed roadside Swale on the opposite side of Old Airport Road. A portion
of this flow is diverted through a small (approximately 6 inch) pipe into the pasture north of the
open water pond, and runs through the pasture into the pond. The pond water is held by an
earthen dam with two outlets, one at each end. The western end contains an overflow pipe
within the dam, and the eastern end consists of an eroded channel that continues down a horse
trail from the pasture above. The ditch and pond outfalls all drain to a topographical feature that
is mapped as Type B hydric Chewacla soils. A horse trail follows this primary topographical
feature offsite, and contained minimal flow at the time of our visit. Wetlands are present beyond
the property line within this topographical feature, where disturbances are minimal. Hydric soils
5

Natural Resources Report ESP Project No. TI09.700
Buffalo Ranch/Provident Development February 17, 2006
were not identified within the horse trail. An onsite consultation with a USACE representative is
recommended to verify jurisdictional status with this area.
Please note that wetland and stream locations and boundaries shown on the map in
Appendix 1 are approximations based on field observations and available GIS information.
These boundaries should be surveyed for an accurate representation of streams and wetlands on
the Site. One top-of--bank of the stream was flagged, and both streams and wetlands will be
surveyed by an ESP licensed surveyor, if requested. NCDWQ and USACE stream classification
and wetland data forms for the on-Site streams and wetlands are available upon request.
Permitting
The final project design for the proposed project dictates the quantity of impacts to "waters of the
United States." In accordance with Section 404 of the CWA, a permit will be required for the
discharge of dredged or fill material into "waters of the United States". The following section
lists possible permit scenarios associated with development of the Site:
• Nationwide Permit No. 39 is utilized for industrial, commercial and residential
development. The USACE has a permit threshold of 0.50 acre of wetlands and up to 300
linear feet of stream classified as perennial or intermittent and important (aquatically-
significant). The time constraint for the Nationwide permit process is approximately 45-60
days, depending on Site conditions and the collection of all materials necessary to
complete the permit, including but not limited to the agent signature, necessary mapping,
and licensed survey. It is recommended that, if a Nationwide Permit is required,
permitting be initiated soon to allow necessary time to complete the review process.
• Placement of fill material within greater than 0.10 acre of wetlands or greater than 150
linear feet of stream requires a written Water Quality Certification from the NCDWQ. The
addition of NCDWQ to the review process will require comments from outside agencies
such as the North Carolina Wildlife Resources Commission (NCWRC) on endangered
species presence, and the North Carolina State Historic Preservation Office (NCSHPO) on
presence of historic or archeological sites. NCDWQ review will also likely implement
additional requirements such as the use of stormwater infrastructure (i.e. ponds and grass
swales) if the development exceeds 30 percent impervious. Additional review time and
resources maybe necessary.
• Placement of fill material within greater than 0.50 acre of wetlands or greater than 300
linear feet of stream requires an Individual Permit from the USACE, along with the Water
Quality Certification. Time constraints for the Individual Permit vary between 6-12
months. It is recommended, if this process is necessary, that it be initiated as early as
possible in the developmental process.
• Mitigation is generally required from the NCDWQ for impacts exceeding 1.0 acre of
wetlands and/or 150 linear feet of stream. The USACE may require mitigation for any
impacts to wetlands and perennial or aquatically-significant streams. On-Site
preservation/restoration of stream resources is a possible avenue for mitigation credit. In
addition, the Ecosystem Enhancement Program (EEP) or other local Mitigation Banks may
6

Natural Resources Report ESP Project No. TI09.700
Buffalo Ranch/Provident Development February 17, 2006
provide adequate mitigation for the project upon receiving payment for the required
mitigation credits. Mitigation needs cannot be determined until impacts to the
jurisdictional areas have been finalized.
• It should be noted that this Site may contain areas, such as the flagged jurisdictional
stream, that would be suitable for on-Site mitigation. If the USACE and NCDWQ agree,
restoration or enhancement of these areas may be sufficient to satisfy mitigation
requirements for on-Site impacts, depending on the extent of those impacts. It is strongly
recommended that this opportunity be discussed in more detail during the planning phase
of this development.
Threatened and Endangered Species
If a federal permit is required, concurrence with the US Fish &Wildlife Service (USFWS)
concerning Threatened and Endangered Species will be required. Two species are listed as
Threatened or Endangered for Cabarrus County, NC, according to the NC Natural Heritage
Program. These are the Carolina heelsplitter mussel (Lasmigona decorata) and Schweinitz's
sunflower (Helianthus schweinitzii).
Carolina heelsplitter is listed in North Carolina and federally as an Endangered (E) species.
Habitat for the Carolina heelsplitter is described as cool, slow-moving, small to medium-sized
streams with stable, well-shaded stream banks; populations of this species have not been recently
recorded in this watershed, according to the Natural Heritage Program. No potential habitat for
this species was observed on the proposed Site during our field investigations. ESP staff opinion
is that the Carolina heelsplitter will not be affected at all by the proposed project.
Schweinitz's sunflower is listed in North Carolina and federally as an Endangered (E) species.
The typical habitat for this plant includes roadsides, old pastures, "right-of--ways, open areas, and
edges of upland woods". Preferred soils are often basic, clayey in texture (and often with
substantial rock fragments), have a high shrink-swell capacity, and vary over the course of the
year from very wet to very dry. Populations are known to occur in Enon and Mecklenburg soils,
which are mapped throughout the majority of the subject property. Most of these areas are
located within the Site's open pastures. Although most of these areas appear to be dominated by
fescue grass, rather than native species, the cleared edges may provide appropriate habitat for H.
schweinitzii. The sunflower's flowering season begins in late August and extends through
October (or the first frost). It is possible that a comprehensive species survey within the
blooming season maybe required by permitting agencies before a permit is issued.
4.0 Summary and Recommendations
A jurisdictional delineation was performed on the approximately 87.1-acre subject property,
located on the north side of NC 49, at the intersection of Heglar Road, in Cabarrus County, North
Carolina. The delineation was performed in accordance with Section 404 of the Clean Water Act
and USACE/USEPA regulations.
7

Natural Resources Report ESP Project No. TI09.700
Buffalo Ranch/Provident Development February 17, 2006
Jurisdictional areas ("waters of the United States") on the subject property include one
jurisdictional stream system (including three adjacent wetland features and two open-water
ponds), a third pond with an ephemeral connection and one jurisdictional isolated wetland.
These jurisdictional features total approximately 470 linear feet of stream, an estimated 0.2 acre
of wetlands and approximately 13 acres of open water ponds. Given the above permitting
requirements and the location of jurisdictional waters on the subject property, the professional
recommendation of ESP Natural Resource staff is to attempt avoidance and minimization of the
jurisdictional areas during the planning stage of the proposed development as much as possible.
If avoidance is not possible in some areas, then ESP recommends that the impacts to these
systems be reduced as much as possible to stay within the Nationwide Permit thresholds. If
mitigation for impacts is required, ESP staff recommends that on-Site stream restoration or
enhancement opportunities be explored as an option to satisfy mitigation requirements.
It is recommended that a delineation verification of the flagged jurisdictional areas be obtained
from the USAGE before undertaking any land-disturbing activities. If the verification is
requested, ESP will forward a final survey depicting the surveyed jurisdictional areas to the
USAGE in Asheville, North Carolina for review and final jurisdictional determination. Afield
verification meeting with the USAGE and/or NCDWQ may be required. In addition, if impacts
are proposed then the permit process should be initiated as soon as possible in order to expedite
the process for the proposed development. A permit cannot be prepared until the delineation is
surveyed, verified by the USACE, and proposed impacts are quantified. Furthermore, if a permit
is required, a field survey for the Schweinitz's sunflower is recommended during the flowering
season in the fall.
The opinions included herein are based on the information obtained during the study and our
professional experience. The report is based on the observations made on the dates noted and
using the procedures described herein, within the Site outlined on the enclosed Figures 1 through
4. If additional information becomes available, we request the opportunity to review the
information, reassess the potential environmental concerns and modify our conclusions and
recommendations, if appropriate.
5.0 Sole Use Statement
All materials and information used for this project were obtained by ESP. The resulting report is
provided for the sole use of Provident Development Group on the project for which it was
prepared. Use of this report by any third parties will be at such party's sole risk, and ESP
disclaims any liability for any use or reliance by third parties. Additional reports naming another
party or parties as addressee(s), or otherwise entitling the party or parties to rely on the report,
may be requested in writing by Provident Development Group. Such a request for additional
addressees shall include the name and addresses of the additional addressees. ESP Associates,
P.A. shall have sole discretion in approving client's request for issuance of reports to additional
addressees. The additional addressees' use and reliance on the report will be subject to the same
rights, obligations and limitations identified in the Agreement for Services between ESP and
Provident Development Group. However, the total liability of ESP to all addressees of the
8

Natural Resources Report
Buffalo Ranch/Provident Development
ESP Project No. TI09.700
February 17, 2006
Natural Resources Report shall be limited to the remedies and amounts as provided in the
contract for Services as a single contract.
The additional addressees' use and reliance on the report shall signify the additional addressees'
agreement to be bound by the proposal and contract that make up the agreement between ESP
and Provident Development Group. ESP may require an additional fee for each report issued to
an addressee other than Provident Development Group.
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