19991198 Ver 1_COMPLETE FILE_19991105

NORTH CAROLINA - DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H .0500, Forest City Land Group has been given permission described
below for the purpose(s) of proposed Huntersville Commons Development. All activities associated with these
authorized impacts must be conducted in accordance with the conditions listed in the attached certification
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT FOR WETLAND RESTORATION
LOCATION:
COUNTY:
BASIN/SUBBASIN:
HuntersvWe Commons
Mecklenburg
030833
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
and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Wetland Restoration Programs
must be rounded to one-quarter acre increments according to 15A 2R .0503(b)
608 linear feet of stream channel
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per 15A NCAC 2R.0503. If you choose this option, please
sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS
BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signature
Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
P.O. BOX 29535
RALEIGH, NC 27626-0535
[phone] ext. 358
991198.Wagoner.401Impact
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Post-it' Fax Note 7671 Date
paes
# Of
To From
Co./Dept. Co.
Phone # Phone #
Fax # Fax #
James B. Hunt, Jr.,'Governor
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
January 3, 2000
Mecklenburg County
DWQ Project # 991198
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Charles Wagoner
Forest City Land Group
3030 Woodcrest Drive
Youngsville, NC 29596
Dear Mr Wagoner:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 478 feet
of streams or waters for the purpose of constructing a residential and commercial development (Huntersville Commons), as you
described in your application dated 1 November, 1999. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when
the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds to notify the state in order to assure compliance for future wetland and/or water
impact. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit
(whichever is later).
2. An additional condition is that a final, written stormwater management plan for the commercial portion of the site shall be
approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must
include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is
occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and the
stormwater management plan, as approved by this Office, shall be implemented.
We understand that you have chosen to contribute to the Wetlands Restoration Program in order to compensate for these
impacts to wetlands and/or streams. In accordance with 15A NACA 2R .0402, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H .0506(h), 608 feet of stream restoration
shall be required as you proposed in your application dated 1 November, 1999. Until the Wetlands Restoration Program receives
and clears your check, wetland or stream impact shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions regarding the Wetlands Restoration Program. You have one month from the date of this Certification to make
this payment. For accounting purposes this Certification authorizes the fill of 478 feet of stream. Also, a Certification was issued
on 8 August, 1998 for 130 feet of stream impacts of the same tributary for an earlier phase this project. As such a total of 608 feet
of stream restoration shall be required in the Catawba River Basin in subbasin 030833.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment ` ?.
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
cc. Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
John Domey
Central Files
Len Rinder
r
.Stevens'
F Y
990056.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
A&41 0
NCDENR
DIVISION OF WATER QUALITY
January 1, 2000
Mr. Charles Wagoner
Forest City Land Group
3030 Woodcrest Drive
Youngsville, NC 29596
Subject: Stormwater Ponds
Huntersville Commons
Mecklenburg County, NC
DWQ# 991198
Dear Mr. Wagoner:
This Office is in receipt of the plans dated July 9, 1999 for the stormwater management
ponds at the subject facility prepared on your behalf by LandDesign and submitted to the
Division on January 20, 2000. Staff from the Wetlands Unit reviewed the plans and found them
acceptable.
If you have any questions regarding this matter, please contact Mr. Todd St. John at (919)
733-9584.
Sine el
Jo R. Dorsey
Wetlands Unit S per isor
cc: Mr. Todd St. John, Wetlands Unit
Mooresville Regional Office
File
4401 Reedy Creek Road, Raleigh, NC 27607 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
ern
NCDENR
DIVISION OF WATER QUALITY
January 21, 2000
Memorandum To: John Dorney
From: Todd St. John
J
Subject: Huntersville Commons DWQ# 991198
Mecklenburg County
The proposed pond treats both the residential and commercial portions of the project. The
pond is also required by the county. The county has the original O & M agreement. We
have a copy. The pond is adequately sized (oversized) to meet our requirements to treat
the entire drainage basin. I recommend that the stormwater management plan be
approved.
Project No. DWQ
Project Name: Huntervilee Commons 991198
SUBMITTED DESIGN: REQUIRED DESIGN:
elevations status
Bottom of Basin (ft) 700
Permanent Pool (ft) 705 5 ft. depth ok
Temporary Pool (ft) 706.5 1.5 ft. depth ok
areas
Permanent Pool SA (sq ft)
117612
68249 sq. ft.
ok
Drainage Area (ac) 128.3
Impervious Area (ac) 50 39.0%
-
volumes
Permanent Pool (cu ft) 408125
Temporary Pool (cu ft) 186562 186636 cu. ft. check tempo
Forebay (cu ft) 102094 25.0% check forebc
4
other parameters !?
SA/DA 0 1.22 -
Orifice Diameter (in) 6 0.82 cfs drawdown -
Design Rainfall (in) 1 2.6 day drawdown ok
Linear Interpolation of Correct SAIDA"*
0/10 Impervious
Next Lowest 30
Project Impervious 39.0
Next Highest 40
5 ft. Permanent Pool Depth
SA/DA from Table
0.97
1.22
1.25

Lan Design, Inc. TRANSMITTAL
1208 Eastchester Drive, Suite 200 Land Planning
High Point, NC 27265 Urban Design
Phone: [phone] Civil Engineering
Fax: [phone] Landscape Architecture
DATE: I_ I q -QQ PROJECT: NVnfVSVI'lie CaMANMS PROJECT #: IOV 7s
TO: Todd Sf; Jo%l
We transmit: - by mail For: - your approval
by courier - your file/use
Vby overnight service - your information
by second day air " revision and submission
by hand delivery " distribution
pick up - your signature
- your review and comment
QTY DATED DESCRIPTION
a D
Po/l? # ? /ra?r

COMMENTS
SENT BY: Mott Wr-??iAatS
CC:
H//Forms/New Forms
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Huntersville Commons / Forest City Land Group
Project Number 99 1198
Recvd From APP
Received Date 11/5/99 Recvd By Region 11/24/99
County Mecklenburg
County2
Region Mooresville
Project Type subdivision
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prima Supp. Basin Req. Req. ,
26 Waters N F 11/1 15/(1.5 WSIV ? 3O,R33. ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y # N Did you request more info? 0 Y (0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? (0 Y 0 N Recommendation: OQ Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 352646 Longitude (ddmmss) 805236
Comments:
Applicant proposes to construct a stormwater pond dam and 2 road crossing for a imposed
residential development. There is one existing road crossing (130 linear feet) that was previously
permitted under DWQ protect no. 980738 that is included in the total linear footage listed above. The
existing road crossing was covered under NWP 14. The 2 proposed crossings and the construction
of the dam of the SW pond is included in this application and will be permitted under NWP 26. The
SW pond is required by the Mountain Island Lake Watershed Protection requirements for
Mecklenburg County. Applicant has proposed mitigation for the channel im acts by payment into the
WRP,
cc: Regional Office
Central Office Page Number 1
00 0.0-0.00-iai_ iia ,
ifs- 0-IrTt ? .

Lan Design, Inc. TRANSMITTAL
1701 East Boulevard Land Planning
Charlotte, NC 28203 - Urban Design
Phone: [phone] Civil Engineering 93 Fax: [phone] _ Y Landscape Architecture
DATE: 11/04/99 PROJECT: Huntersville Commons PROJECT #: 18275
TO: Mr. John R. Dorney
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607
We transmit: o by mail
o by courier
by overnight service
o y second day air
o by hand delivery
o pick up
f4lkl?rjrA,
For: o your approval
,,-?our file/use
o your information
o revision and submission
o distribution
o your signature
o your review and comment
QTY DATED DESCRIPTION
7 copies 11/01/99 Huntersville Commons Joint Application Form and Supporting Documentation for
Nationwide Permits that require Section 401 certification concurrence
1 11/04/99 check for $475.00 (four hundred and seventy five dollars and no cents.)

COMMENTS:

. rY
SENT BY: Ed. Schweitzer
CC:
H/Admi n/Forms/Transmittal
t Al
PAYMENT
RECEIVED
Huntersvffle Commons
Mecklenburg County, North Carolina
Joint Application Form and Supporting Documentation far
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERAHTS THAI' REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Mr. Charles Wagoner
Forest City Land Group
3030 Woodcrest Drive
Youngsville, NC 29596
1-919-570-0563
Prepared By:
andDecign, %c
1701 East Boulevard
Charlotte, NC 28203
(704) 333 - 0325
Leonard S Pindner, PWS
Environmental Plann'ng Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
November 1, 1999

I T
DEM ID: CORPS ACTION ID:'
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):/
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TEE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH TEE NC DIVISION OF COASTAL blAXAGF_?MNT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
F=T-LD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET) . SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF F-WIRONMENTAL 11?\TAGEMENT
(SEE AGENCY ADDRESSES SHEET) PLEASE PRINT.
OWNERS NAYIE:

? .? .LING ADC=
C: T Y:
PROjCT LOCATION ADDRESS,
M=.-;LING ADDRESS ABOVE", .
SvB;:I'::SIGN N.LME.
ATE: ZIP CODE:
=NCLUDING SUED=VISION Nr`?E (IF D7_..7R7?T =ROM
3 . TEyEPHONE N''MBER (-,HOME) (WORK' . _i" t
4 I APPLICABLE: AGEN^_'S NAME OR RESPONS-73LE CORPORA,--7- OFFICIAL, ADDRESS,
PHONE NUMBER:

we
oll-ee'_

5 . LOCATION OF? WORK (PROVIDE A iv-AP, PREFERABLY A COPY OF USGS TOPOGiz?_PHIC
MAP OR • AERI?A 1 C _k Y
r. W T SCALTE) : CITY: COUNT : f, NEAREST TOWN OR
?v
r
1 L
`i.
li
f-
-SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) :
am ?wwr_

c'. =MPACTED OR NEAR 1?)
K.=VER BASIN:
f ?. -S PROJECT LOCATED NEAR WATER CLASS- ED AS TRCC: TIDP` 5=.-a TER
::
i .: . / iG'i QU_ ?_ i1' Nr__ .,:CS (---W) / OL 1ST:=+:; ING RESOURCE wr._ uRS (O_. ; , W TER
5----? (WS-_ OR WS -7-, --- [ ] NO [ ' YES
/ - -
-S T-E PRO,:ECT LOCATE- W=__T.?-N A NORTH CAROLINA ""-SION Cr' M_^MMENT ARE = OF Eli: -RON"?=`: T. CONCE c<+ (AEC) ? DES NC [
7c. IF THE PROj7_ T IS LOC--__D W-Tt 7 ..Ot?S" COu`_.__ (SET- PAGE 7 FOR
OF COASTAL COUNTIES) , W _?T THE _ VD USE P?:_: '-UP) DES-MT-T-ON?
3 SAVE ANY SECTION Cum _=RIM= BEEN PREV=OUSLY REYUESTED FOR USE ON
T -S PROPERTY? YES NO [ ] IF YES PROVIDE _ =0N I.D. -V,:!
-IB _R OF
PREVIOUS PERMIT AND AND-TONAL INFO-%f ?ON INC_:UDE PHOTOCCP_ OF 4-01
C ERT-_ =CATION' . ?UZ
?? . ARE ADDIT=ONAL PEP-M7 REQUESTS EXPECTED FOR TH:S PROPERTY -:.N, THE
-TORE. YES f ] NO ?- YES, DESCR=BE ?1'7TT_C1P =-D WORK.

9a. ESTIMATED TOTAZ NUMBER OF ACRES IN TRACT OF LAN 9b. ESTIMATED TOTAL NUMBER 0- ACRES OF WETLANDS LCC :ED ON PRCCEC SITE:
C
2

10a. NUMBER OF ACRES- OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING : EXCAVATION : w 0
FLOODING: OTHER:
DRAINAGE : TOTAL AGES TO BE I2pACTED
L
10b. (1) STRE. M CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (lF
RELOCATED, PROVIDE D_ STANCE BOTH BEFORE AND AFTER RZLOCA'''i ON)
4-7 Lb L-r- 0
L7.NGTH BEFORE: .m _FTER: z_'1
Sv_DTH BEFORE. cased on nc_:.,a'_ h_a-h water contours) . FT
WIDTH AFTER:
="^
AVERAGE DEPTH __FCRE . = ^ AFT=.t: =
(G) S^ C -NINE-L =M=ZCTS W-TT -5 =_ ,ARCM (C =C1 Al ?•
OPEN CHANNEL _.-Z=OCA "=C?3 _ P ___x- ENT OF _ -- _ IN Cam:-u?IN--.
CHANNEL EXCAVATION: ? CONSTRUCTION OF A D. %1,"FL0 0 DING:
CTHER:
IF CONSTRUCTION OF A POND IS PROPOSE, WHAT IS T' SIZE OF "?3
W =TERSHED DR :N=NG TO THE POND? 5'aC"
ri T IS THE EXPECTED POND SURFACE AREA?

13. PURPOSE CF PROPOSED WORK:
/h
d, 4ifx-? t-3 W,^ s jrDa , l*j
<?Jeov- /),AL, r-L4;e.-,- 'ryw'AaA to j,-Yv,,4- ck lic ai u i e--e-
.2. DESCRIPT=^.N OF PROPOSED WORK INCLUDING DISCUSSICN OF TYPE OF
MECHANICAL Eti? P???ENT TO BE USED (ATTACH PL?NS: 3 1/3" X !-I" DRAWINGS
ONLY)
3

UPeA boa e.--- 20)-1 Z2Z_d?l f LJ/f" .
YOU ARE REQUIRED TO CONTACT THE U.S FISH AND WILDLIFE SERVICE,
-_S7AND/OR Nr`_TION?_, M.=.RINE FISHERIES SERVICE (NMFS) (SE AGENCY
,SR?SSES SHEET) REGARDING THE PRESENCE Cr ANY FEDERia.L'Ll
__ C?CSED FOR _ _ Y LISTED OR
STING ENTDPVG ER ED OR TH :'a EN'ED SPEC= ES OR CR=? i _ T ._ --
^A3I^'AT
vvN-_ ,'- . ?E
-=i THE PERMIT AREA THAT MAY BE AFFECT"" BY THE PROPOSED PRO???"C '" DATE
=CAI THESE AGENCIES (aTmaC RESPONSES
)
YOU ARE REQUIRED TO CONTACT THE STATE HISTOR=C PRESERVATION CF_ICER
H? O) (SEE AGENCY AD::RE..?_. Sr::::T) REGARD=NG THE ?R SENCE OF ci=S:::RIC
:cTIES IN THE PERM= _
AREA WHIG- M_=-- BE AF.. ECTE.. BY THE PROPOSED
?RJ'ECT- DATE CONTACTED:
DOES THE PROJECT INVOLVE AN EXPENS=TURE OF PrJSL-" FUNDS OR "'_"- USE OF
_ =C (STATE) LAND? YES [ NO'°?(IF NO, GO TO 18)

a. I- YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT. TO THE REQUIREMENTS CF-THE NORTH CAROLINA ENV=RONMENTAL
_,.?=CY ACT?
YES NO [ j
b. IF YES, '!AS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
. --ARTMENT OF ADMINISTRATION STATE CLE AR=NGHOUSE?
YES [ ] NO [
_- ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL, MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENV=RONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO M.S. CHRYS 5A.GGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT Or ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-2003, TELEPHONE (9:9) 733-6369.
4
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
?'-!PACTS)
1
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. -IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
ruPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A. CONSULTrVT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STdRMWATER MANAGEMENT PT ,a'1 IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
ld1
IF
SEA METHOD 0-
g SIGNED AND DAZED AGENT AUTHORII---ION LETTER, -- AP?LII =_LI.
NOTE': WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) 'CERTIFICATION., AND
3) (IN TIT 27ENTY CCASTAL' COUNT= ONLY) , A' LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MtuV?,GEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH Q ROLINA COASTAL MANNAGEMENT
PROGRAM.
OWNER' S /AGENT S S I NATURE DATE
(.GENT'S SIGNATURE VALID ONLY
I= AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5
LEONARD S HINDNEIL PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Landscape Architecture Matthews, NC 28105
Land Planning Tele: [phone]
November 1, 1999
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 143
Asheville, NC 28801 - 5006
Mr. John R Dorney
Division of Water Quality - NCDENR
Environmental Science Laboratories
4401 Reedy Creek Road
Raleigh, NC 27607 ,
Re: Huntersville Commons - ± 216 Acres Huntersville. Mecklenburg our North Carolina -
Nationwide Permits # 14.26
Dear Sirs
On behalf of my client, Forest City Land Group, I am requesting confirmation of eligibility to impact ± 478
linear feet of stream channel utilizing Nationwide permit 426 to facilitate construction of a wet detention
pond (250 It) to meet Mountain Island Lake watershed protection requirements and road crossings (22811).
A permitted stream crossing of approximately 130 linear feet has already been constructed. No impacts are
proposed to McDowell Creek which includes a 100' watershed buffer. All fill material will be unpolluted
and appropriate measures to control sedimentation and erosion will be employed. Wetlands and streams
which will not be disturbed will be protected during construction from damage due to construction traffic,
drainage and other forms of disturbance. The remaining streams and wetlands, that proposed not to be
disturbed will be protected by deed restrictions, conservation easements, restrictive covenants, or similar
mechanisms as required by the NCDWQ.
SUMMARY OF WATERS OF THE U.&
Methodology
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined according
to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with Appendices.
Preliminary data gathering included review and interpretation of topographic maps; USDA Soil
Conservation Survey; aerial photographs, and prelimindy site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology were be identified as described in the manual.
General Wetland Cla sif cation and Desed inn
The wetlands on this site can be describe as Palustrine Forested Broad - Leaved and Scrub/Shrub
Temporarily Flooded and Seasonally Flooded and PEM1C (Paiustrine Emergent Seasonally Flooded). The
site is within a drainage area of an unnamed headwater tributary of McDowell Creek (Water Classification -
WS-IV). The majority of the site is a moderately sloping former agricultural land and woodland.
2
Mr. Steve Chapin - USACE, Mr. John R Domey, Mr. Mike Parker - NCDWQ
Page 3, November 1, 1999
Yegetadon
The forested riparian areas are dominated by Facultative Wet and Facultative species. Trees include green
ash, alder, red maple, sweetgum, sycamore, willow oak, hornbeam. Understory and herbaceous strata
includes silky dogwood, alder, spicebush, smilax, microstegium, sedges, soft rush, poison ivy.. Where the
soils are more saturated Obligate species such as black willow are present.
LWLC Soils
The site includes Monacan (Mo) soils. These soils are map units which may have inclusions of hydric soils
according to the Soil Conservation Service (now Natural Resource Conservation Service), Technical
Guide-Section H-A-2, June 1991. The site also may include a inclusion of Helena B (HeB) which may also
have hydric inclusions
rolo
Wetland hydrology is provided by flooding, groundwater seeps and springs at the base of the ridge, and
runoff from upstream development. Several required indicators were found. McDowell Creek is classified as
WS-1V.
S RY OF .P 7 DICTION I WATERS OF U.&
Surface Waters Perennial tributary (± 3600 lf) ± 1.50 ac.
McDowell Creek
(Below Headwaters)
Perennial/Intermittent tributaries
(± 2,700 Ifl ± 0.40 ac.
(subject to 500 jlimkation)
Intermittent tributaries (.± 2801f) ± 0.01 ac.
(not subject to 500 If limitadon/USACE)
Wetlands + 0,49 ac
Approximate Total - Waters of the U.S. ± 2.40 ac.
SUMMARY OF )MPACTS to JUI SWCTIONAI DATE OF U
Surface Waters Perennial tributary McDowell Creek
(Below Headwaters) + 0.00 ac.
Perennial/Intermittent tributaries - NWP #26
(±47811) ± 0.07 ac.
Perennial/Intermittent tributaries - NWP #14
(± 1301f - previously permitted impact) ± 0.02 ac.
Wetlands + 0.00 ac
Approximate Total - Waters of the U.S. +_ 0.09 ac.
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 4, November 1, 1999
Stream Linear Footrace hup-ggg
Dam and excavation create impoundment to meet
Mountain Island Lake watershed protection
requirements ±250 if - NWP 426
Stream impacted - road crossings ± 228 if - NWP 426
Previous stream parted road crossing - + 130 Lf NWP 414 (comDl%,td)
Total Stream Impacts ± 608 if
An additional stream impact will be spanned by a bottomless culvert.
WETT ANDS PERMITTING AND MITIGATION
Preliminary planning for the project involved site analysis and consideration of environmental, economic and
regulatory issues. Topography, natural features and systems, circulation, site organization, open space,
development requirements, and environmental issues were considerations in designing the overall plan.
Except for temporary construction and development impacts, we believe that the proposed project will not
cause significant impacts to the ecological functions or values of Jurisdictional Waters of the U.S.
PROPOSED COWENSATORYMITIGATION
A mitigation plan has been developed for a "no net loss" of wetland habitat, value, and function to the extent
feasible on this site. The UQm of this plan is to preserve, protect, the extents of the remaining existing
wetlands and streams.
Minimizing impacts to the buffer adjacent to the McDowell Creek
Protection of existing streams and wetlands will be enhanced with as much natural buffer as
feasible. Although in most cases this natural construction buffer will be sufficiently wide, it will be a
minimum of 25' wide barricaded. Large trees, and understory trees will be retained. Thick overgrowth of
eleagnus, ligustrum, honeysuckle, poison ivy, other nuisance species, diseased and/or dead vegetation will be
selectively thinned or removed.
Hydrophytic vegetation will be utilized to restore .the vegetation in the buffers, wetlands, and
stream banks, that is removed to allow construction. Vegetation will, include bottomland hardwoods,
scrub/shrub, and herbaceous vegetation.
All new plantings will consist FACW and OBL species. Planting will be conducted in the spring and
the fall. Annual ryegrass or other annual vegetation will be utilized in order to provide temporary
stabilization during the summer and winter months or until planting times become available. During planting
wetlands and surface waters will be protected from erosion and sedimentation. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. Existing
specimen trees will be saved if possible in the construction of these mitigation areas
Stream buffers will be protected from construction impacts and siltation. Wetland areas not to be
disturbed will be clearly marked and barricaded if required.
Mr. Steve Chapin - USACE, Mr. Sohn R. Doiney, Mr. Mike Parker - NCDWQ
Page 5, November 1, 1999
Employment of strict erosion and sediment control procedures will be specified to avoid impacts to
water quality. Existing wetlands and surface waters, and buffer areas will be protected from erosion and
sedimentation during construction and installation of the mitigation sites. Control structures such as
sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary.
The preserved streams and wetlands will be protected from future impacts by the applicant or by a group
designated by the applicant for this purpose. Development of these areas will be deed restricted in
accordance with restrictive covenants or will be preserved within a conservation easement which will be
developed for approval by the USACE and/or NCDWQ.
mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the extent
L this site. Unavoidable imnacts to streams by aradinrr are nrannsed to he, mitivated by
re r uired. Stream impacts by flooding will be mitigated by the protection of the remaining channels
the development of a forebay/ and vegetated littoral zone in connection with the required detention
is. Areas within the buffers cleared due to grading requirements will be revegetated with riparian trees,
bs, and groundcovers, to match adjacent conditions.
ie remaining streams on the project site appear to be in excellent to good condition and will be protect
buffers. To meet restoration mitigation requirements for stream impacts by grading, the develop
proposing to contribute $76,000 to the North Carolina Wetland Restoration Program (608 If
25/ H) to mitigate for stream impacts.
STORMWATER MANAGEMENT PLAN

A Stormwater Management Plan has been designed and implemented for the project to meet the 401 Water
Quality Certification requirements as well as meet Mountain Island Watershed Protection requirements.
Stormwater Management Plan Concepts
Wet detention basins shall be the primary treatment system for stormwater runoff from paved surfaces and
landscaping on commercial, office, business, institutional parcels, and as required by Mecklenburg County.
The wet detention basins that will attenuate the first inchlof rainfall over a 24 hour period from most of the
developed portions of the site. Water will be released over a 2 to 5 day period to the wetland mitigation
areas to increase filtration. Discharge velocity of the outclass will be less than five cfs. They will utilize
wetland mitigation areas to increase filtration. A littoral zone/forebay will be incorporated into the design of
the ponds to encourage additional nutrient removal. The planners will meet or exceed the guidelines
provided by the North Carolina Department of Environment, Health, and Natural Resources in developing
the design of wet detention basins using the Table 1.1 in the Stormwater Bet Management Pra i es.
NCD Nn_ vebp 1995,
THREATENED AND ENDANGERED SPECIES

Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Mr. Steve Chapin - USACE, Mr. John R Domey, Mr. Mike Parker - NCDWQ
Page 6, November 1, 1999
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schwemitz's sunflower thrives in full sun. characteristic of successional fields, margins, and forested
openings. Portions of the site are cuirently'in old field succession and secondary succession especially along
woodland edges. Based on soil types it was determined that this site may be conducive to the presence of
Schweinitz`s sunflower. The site was reviewed by Dr. Tim Matthews and staff of ARP Based on the'
xev. , Schwe nitz's sunflower was not ,present.
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
te-1P-rotected SDec
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swill current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
STORMWATER M4NAGEA1ENT PLAN
A Stormwater Management Plan has been designed and implemented for the project to meet the 401 Water
Quality Certification requirements as well as meet Mountain Island Watershed Protection requirements.
Stormwater Management Plan Concepts
Wet detention basins shall be the primary treatment system for stormwater runoff from paved surfaces and
landscaping on commercial, office, business, institutional parcels; and as required by Mecklenburg County.
The wet detention basins that will attenuate the first inch of rainfall over a 24 hour period from most of the
developed portions of the site. Water will be released over a 2 to 5 day period to the wetland mitigation
areas to increase filtration. Discharge velocity of the outclass will be less than five cfs. They will utilize
wetland mitigation areas to increase filtration. A littoral zonelforebay will be incorporated into the design of
the ponds to encourage additional nutrient removal. The planners will meet or exceed the guidelines
provided by the North Carolina Department of Environment, Health, and Natural Resources in developing
the design of wet detention basins 3usim the Table 1 1 in the S.tormwater Best Management Practices
NCDENR November. 1995.
CULTURAL RESOURCES
The North Carolina Department of Cultural Resources- Office of State Archaeology, and Survey and
Planning Branch, in Raleigh, NC to see if archaeological and or historical sites have been previously
identified on the site as indicated on their USGS Maps as of this date. No archaeological or architectural
#te§ eli?le or potentially eligible for the National Register of Historic Places were indicated on the USGS
maps.
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 6, November 1, 1999
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schwemitz's sunflower thrives in full sun characteristic of successional fields, margins, and forested
openings. Portions of the site are currently'in old field succession and secondary succession especially along
woodland edges. Based on soil types it was determined that this site may be conducive to the presence of
Schweinitz's sunflower. The site was reviewed by Dr. Jun Matthews and staff of HARfi Based on their
review Schweinkes sunflower was not present.
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek and Waxhaw Creek -- and a small river originating from rural areas in Union County. Therefore it is
not expected to occur on this site.
to protected SDec
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
STORHWA TER AL4NAGERENT PLAN
A Stormwater Management Plan has been designed and implemented for the project to meet the 401 Water
Quality Certification requirements as well as meet Mountain Island Watershed Protection requirements.
Stormwater a gcwnt Plan, Concept.
Wet detention basins shall be the primary treatment system for stormwater runoff from paved surfaces and
landscaping on commercial, office, business, institutional parcels, and as required by Mecklenburg County.
The wet detention basins that will attenuate the first inch of rainfall over a 24 hour period from most of the
developed portions of the site. Water will be released over a 2 to 5 day period to the wetland mitigation
areas to increase filtration. Discharge velocity of the oipelass will be less than five cfs. They will utilize
wetland mitigation areas to increase filtration. A littoral zone/forebay will be incorporated into the design of
the ponds to encourage additional nutrient removal. The planners will meet or exceed the guidelines
provided by the North Carolina Department of Environment, Health, and Natural Resources in developing
the design of wet detention basins usine the Table 1 1 in the Stormwater Best Management Practices
NCDENR_ November. 1995.
CULTURAL RESOURCES
The North Carolina Department of Cultural Resources- Office of State Archaeology, and Survey and
Planning Branch, in Raleigh, NC to see if archaeological and or historical sites have been previously
identified on the site as indicated on their USGS Maps as of this date. No archaeological or architectural
#te? eli?04le or potentially eligible for the National Register of Historic Places were indicated on the USGS
maps.
Mr. Steve Chapin - USACE, Mr. John R Dorney, Mr. Mike Parker - NCDWQ
Page 7, November 1, 1999
AQUATIC HABITAT
The aquatic systems in the project area consist of headwater wetlands, and perennial and intermittent
tributaries. A variety of wildlife is supported by these systems including mammals, birds, reptiles,
amphibians, fish; insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and
sedimentation control plan will be maintained during the construction period in order to control degradation
of water quality downstream and protect the areas to be preserved. Short term construction impacts,
primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent
practicable to promote rapid recovery. Project construction will strictly adhere to an approved sedimentation
and erosion control plan. Best Management Practices will include utilizing siltation trapping ponds and other
erosion control structures where appropriate. Impacts from hazardous materials and other toxins to fish and
aquatic life such as fuels will be avoided by not permitting staging areas to be located near surface waters.
Also, as required by the 401 Water Quality Certification conditions, measures will be taken to prevent "live"
or fresh concrete from coming into contact with waters until the concrete has hardened. Aquatic resources
are expected to be enhanced through the restoration of wetland areas that flood and pond for longer
durations.
CONCLUSION
The approximate 216 acre mixed use development has been designed to balance the site's economic viability
with its environmental value. The goal of the site plan and mitigation plan is to help balance the
environmental consequences of this development by preserving to the extent feasible the most valuable
Jurisdictional Waters of the U.S. on the site. Great care will be taken to minimize further impacts to
wetlands and streams. The undisturbed streams and wetland areas will be preserved by the applicant or by a
group designated by the owner for this purpose.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
cc: Mr. Charles Wagoner
Forest City Land Group
3030 Woodcrest Drive
Youngsville, NC 29596
1-919-570-0563
Mr. Kevin Vogel
Mr. Ed Schweitzer
Environmental Planning Consultant
NC Landscape Architect #578
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STREAM BUFFER 25' EACH SIDE OF CREEK
STREAM IMPACT BY DAM 35 LF
STREAM IMPACT BY POND 185 LF
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03
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,1r 't;c? ?.\?`•?r:-?.• CROSSING #3•' i ? - --.._..---._
f ; - r WATER QUALIT
Mir
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1. ; i+.. \j • i'.,i , \ \•• ?,?' i •\ .. «' ?"w 7-7 CROSSINGS #2, #3, AND #4
SEE DETAIL
TO BE SPANNED OR APPLIED
FOR ACTUAL
FOR AT FUTURE DATE
POND DESIGN
APPLIED FOR
MCDOWELL CREEK - 100' BUFFER REQ'D
PREVIOUS
PERMITTING PLAN
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199831002 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Forest City Land Group
Address: 10800 Brookpark Road
Cleviand, Ohio 44130-1199
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Huntersville Commons"; approx. 216 ac. tract located near Exit 25 @ I-77, intersection of
Sam Furr Road and Northcross Drive.
Description of Activity:
Construct a stormwater treatment pond in an unnamed tributary to McDowell Creek in
association with the above referenced development. Dam fill will be approx. 35 LF in the
channel while inundation behind the dam in the channel will be approx. 150 LF.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).,
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) 'or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone
[phone]. For any activity within the twenty coastal counties, before beginning work you must contact
the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide. Permit, please contact the Corps Regulatory Official specified below.
Date August 24. 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification, March 31. 1999
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199831003 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Forest City Land Group
Address: 10800 Brookpark Road
Clevland, Ohio 44130-1199
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
"Huntersville Commons"; approx. 216 ac. tract located near Exit 25 @ I-77, intersection of
Sam Furr Road and Northcross Drive.
Description of Activity:
Install an approx. 110 LF culverted road crossing in an unnamed tributary to McDowell
Creek in association with the above referenced development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone
[phone]. For any activity within the twenty coastal counties, before beginning work you must contact
the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWT. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date August 24 1998
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification- Au sgu t 24. 2000
cc: Mr. Leonard S. Rindner
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1•?
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 12, 1998
Mecklenburg County
DWQ Project 980738
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Robert Dyer, Jr.
Forest City of Land Group
10800 Brookpark Road
Cleveland, Ohio 44130-1199
Dear Mr. Dyer:
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.05
acres of wetlands or waters for the purpose of a commercial development in Mecklenburg County, as you
described in your application dated July 30, 1998. After reviewing your application, we have decided that this
impact is covered by General Water Quality Certification Numbers 3103 and 3108. These certifications allow
you to use Nationwide Permit Numbers 14 and 26 when they are issued by the Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
This approval is :only valid for the purpose and design that you described in your application except as
modified below. If you change your project; you must notify us and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters to notify the state in order to assure compliance for future wetland and/or water impact.
These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later).
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 conforming to Chapter 150B of the North Carolina General Statutes-to the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and
binding unless you ask for a hearing. '
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Roe. n n Ho
ward, r. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
980738.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DATA FORM
ROUTINE WETLAND DETERMINATION
( 1987 COE Wetlands Delineation Manual)
Project/Site: -(-+L
Applicant/Owner:
Investigator: L
60S
Date:
County: I
State:
LLDO ormal Cirle stances exist on the site? No
site signantly disturbed (Atyp.ical Situation)? Yes o
area a ptial Problem Area? Yes /'M
needed, ain on reverse.)
VEGETATION
HYDROLOGY
Recorded Data (Describe in Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
_ Other
No Recorded Data Available
Field Observations:
Depth of Surfaes Water:
Depth to Free Water in Pit: (in,}

Depth to Saturated Soil: P?
Remarks:

Community ID:
Transect 10: ----
Plot ID:

Wetland Hydrology Indicators:
Primary ! ators:
Inuundated fs? a? Vrte-,
;;;?-Saturated in Upper 12 Inches
2W' star Marks
.• KC ri Lines
ment Deposits
rainaga Patterns in Wetlands
Secondarv..lndicators (2 or more required}:
Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
_ Local Sol Survey Data
FAC-Neutral Test
Other (Explain in Remarks)

WTI, 1995 -196-
?A
SOILS
Map Unit Name
PIP
{Series and Phase): [ tid° ?' ? na Class:
Feld O servations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Desetiotion:
Depth- Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc.
? er
4P 5,14-1 f --kAW VA

Hydric Soil Indicators:
_ Histoso( _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _ Listed on Local Hydric Seiis List
Reducing Conditions _ L)sted on National Hydric Soils List
r!Glayed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DEfERMINA71ON
Hydrophytic Vegetation Present? Y No (Circle) (Circle)
Wetland Hydrology Present? _ No
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No
Remarks:
I
4
F\
-197- WTI, 1995
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manua()
Project/Site: {' ??ti?"4 vR i aw,, Date: 0f'
Applicant/Owner: JEC- - c rT'. County:
Investigator: L State:
Do Normal Circumstances exist on the site? Ye No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes, Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
HYDROLOGY
Recorded Data (Describe In Remarks):
-Stream. Lake, or Tide Gauge
_ Aerial Photographs
other .
No Recorded Data Available
Field Observations:
Depth of Surface Water: On.)
Depth to Free Water in Pit. p Ctn.)
Depth to Saturated Soil: t.- -Ae1S (in.)
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
undated ????
?Saturated in Upper 12 Inches
_-,Water Marks
??,Drift Lines
Sediment Deposits
_ Drainage Patterns in Wetlands
Secondary I icators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
eai Soil Survey Data
_ FAC-Neutral Test
Other (Explain in Remarks)
`..
WTI, 1995 -196-
el
VEGcTATION A Rq?-

SOILS
::J:? -7,
Map Unit Nam

? - `,,,,,
(Series and Pha ese): 0 ? 0
4"IdoC' 1?\Jo5j?,
? Ot nacre Class:
Feld Observations
Taxonomy (Subgroup): Confirm Mapped Type? es a
Profile Descriorion:
Depth- Matrix Color Mottle Colors Mottle Texture, Concretions,
Cinches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
Hydric Soil Indicators:
_ Histosol oncretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Su(fidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _-)sled on Local Hydrie Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors =
Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? r No
Hydric Soils Present? Yes . No Is tPis Sampling Point Within a Wetland? Yes No
Remarks:
%we
Aw, r\, ?jc) acA%"
-197-
WTI, 1995
a ft I
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manua()
ject/Site: - L''-Cp'sryy
LAAPP[icant/Owner Date:1 '
:

estigator:

oun
C
?`' k::t
State: 4C ,
Normal Circumstances exist on the site? No Community ID:
he site significantly disturbed (Atypical Situation)? Yes 3 Transect ID:
L
he areaa potential Problem Area?
IS Yes o Plot ID:
If needed, explain on reverse.)
-° c,d,.,j a. :.;'ice
VEGETATION
Dominant Plant Soecies Stratum Indicator Dominant Plant Soecies Stratum Indicator
1. c4r 9
2. <'` . ud,4 .. 1 D.

4.- 12.
5. 13.
6. 14.
7. 15.
8. _ 16.
Percent of Dominant Species that are 08L. FACW or FAC
'(excluding FAC-).
Remarks - - - ?-?
- c 6f,? e toomil?(AI I
..
f

HYDROLOGY
__-_ Recorded Data (Describe in Remarks): Wetland Hydrology indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
_ Other
- No Recorded Data Available _
_ Saturated in Upper 12 Inches
_ Water Marks
_ Drift Lines

Field Observations: _ Sediment Deposits
__-Drainage Patterns in Wetlands

Depth of Surface Water. Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches

Depth to Free Water in Pit. water-Stained Leaves
Local Sail Survey Data
tt
Depth to Saturated Sail: n.) _ FAC-Neutral Test
Other (Explain in Remarks)
Remarks:

WTI, 1995 -196-
t

SOILS
Map Unit Name
(Series and Phase): E]?p?{d yq
"`o F
Taxonomy (Sub
group): Q ore*
na
Profile 9e Class; S
Oesc"o ion: ?^ rR field Observations
Depth-
i Confirm Mapped Types
nehesl Hori2on Matrix Ca1or as o
tE,. , Mansell Moisri Mottle colors
it tiiunsell Moist) Morrie
-7, 1?- AbundancelCanrr?st Texture, Concretions,
a I ! '??_' Structure. etc.
--
ape
HYdric Soil Indicators:
?, Histosol
Histic Epi¢edon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
- GivYed or Law-Chrorna Colors
Remarks:
; 1 Al 1 O DE7'ERMINAT70N
HYdroph
iNetf Ytrc vagatadon Present?
and Hydrology Preserntl
HYdric Soils Presents'
Renvarka:
Yea N (Circle)
Yes
Yes '
Concretions
High Organic Content in Surface
- Organic Streaking in Sand Layer in Sand
-- Listed on Loe Y Soils
Usted on National y Soils
Soils List
Other ( HYdric Soils List
Explain in Remarks)
A
Is this S (Circle)
arrtpling Point Within a
Wedandl you
` o
1a?