20101015 Ver 1_401 Application_20101210

I ;'"R i "\
December 3, 2010
NC Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Attention: Ian McMillan
Reference: Pre-construction Notification
Siemens GT Plant
Siemens Real Estate
City of Charlotte, Mecklenburg County, NC
USACE Action ID: 201001302
Dear Mr. McMillan,
0 6 20;0
Enclosed with this letter is a Pre-construction' Notification package for the project referenced
above. The project will involve the construction of a new manufacturing facility to the west of the
existing facility. In order to provide a level building pad, a total of 168 linear feet of seasonal
RPW will be placed in a pipe. Included in this submittal are the following items:
¦ A Pre-construction Notification Form (5 i opies)
¦ Design Drawings (5 copies)
¦ Plan Sheets (2 copies on 24x36, 3 copied on 11x17)
¦ An Agent Authorization Form (5 copies)
¦ Notification of Jurisdictional Determination (5 copies)
¦ An acceptance letter from NCEEP indicating that they are willing to accept up to 336
warm stream credits as compensatory rriitigation for the project (5 copies)
¦ A draft Stormwater Management Plan (I copy). The Stormwater Management Plan was
submitted to the City of Charlotte for rgview on December 3, 2010. A copy of the final
plan and approval letter will be submitted to the NCDWQ when received and prior to
beginning the proposed impacts.
¦ Application fee payment ($570)
On behalf of the applicant, Siemens Real Estate, we are requesting that the impacts be
authorized under General Certification No. 3821. Thank you for your assistance in this matter. If
you have any questions, please contact me at [phone] or [e-mail].
Respectfully,
Chris GFesoJ
Senior Scientist
EPC Project No.: 10021
P.O. Box 3744 • Greenville, South Carolina 29608 • [phone] • Fax [phone]
Y
ecosystem
PROGRAM
November 30, 2010
Jim Valade
Siemens Real Estate
170 Wood Avenue South
Iselin, NJ 08830
Project: Siemens GT Plant
Expiration of Acceptance: August 30, 2011
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accent
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Catawba 03050101 0 0 168 0 0 0 0 0
Credits Catawba 03050101 0 0 Up to
336 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Chris Grose, agent
File
Sincerely,
W rfiam. Gilmore, PE
Director
R.P,storiptg...'E... Protect Our State,
A LV?A
FCDEE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
2 1 0 1 0 1 5
\O??F W ATFROG
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1 f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Siemens EAMC
2b. County: Mecklenburg R LIZ

2c. Nearest municipality / town:
Charlotte AJ L!1
2d. Subdivision name: N/A Ej 20
2e. NCDOT only, T.I.P. or state
project no: N/A?IAlfR
ANps QO
AL11y
3. Owner Information
3a. Name(s) on Recorded Deed: Siemens Real Estate
3b. Deed Book and Page No. 9880-604
3c. Responsible Party (for LLC if
applicable): Jim Valade
3d. Street address: 170 Wood Avenue South
3e. City, state, zip: Iselin, NJ 08830
3f. Telephone no.:
3g. Fax no.:
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Chris Grose
5b. Business name
(if applicable): Environmental Permitting Consultants, Inc.
5c. Street address: PO Box 3744
5d. City, state, zip: Greenville, SC 29608
5e. Telephone no.: 864-271-3040
5f. Fax no.: 864-235-9299
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 19953101A
1 b. Site coordinates (in decimal degrees): Latitude: 35.144222 Longitude: - 80.99553
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 292.58 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Lake Wylie
proposed project:
2b. Water Quality Classification of nearest receiving water: WSV
2c. River basin: Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
A significant portion of the property is occupied by an industrial facility and related infrastructure. The undeveloped
portions of the site are forested with a young to medium aged overstory. Lake Wylie forms most of the eastern property
boundary and all streams and wetlands on the site are tributaries of Lake Wylie. The surrounding area is a mix of light
industrial, residential, and undeveloped areas.
3b. List the total estimated acreage of all existing wetlands on the property:
1.75
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,186
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to expand an existing manufacturing facility to provide new product lines.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will involve the construction of a new manufacturing facility to the west of the existing facility. Heavy earth
moving equipment will be utilized to construct the new facility.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Environmental Permitting
Name (if known): Chris Grose Consultants, Inc
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
201001302 09/20/2010
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
?No ?DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T pipe UT of Lake Wylie ® PER
? INT ® Corps
® DWQ 10 168
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 168
3i. Comments: The stream is classified as "poor". It has been degraded by previous industrial development. See attached
Stream Quality Assessment Worksheet.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, the n complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ® Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required.
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: Buffer impacts are in areas of local buffers only and will be permitted by the City of Charlotte.
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The layout of the proposed expansion has been oriented to allow the least amount of impact while still meeting the project
goals. Due to the large footprint of a manufacturing facility, the layout of the existing facility, and the topography of the site,
the expansion cannot be placed in any other arrangement that minimizes or avoids impacts further.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The layout and site grading have been oriented around the impacted stream so that only 168 linear feet are to be impacted.
Construction techiniques are limited to good engineering practices that allow for the construction a manufacturing building with
extremely large and heavy equipment.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

®Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: 168 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 0 square feet
4e. Riparian wetland mitigation requested: 0 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: Buffer impacts are in areas of local buffers only and will be permitted by the City of Charlotte.
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 79.23%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Two erosion control sediment basins will be provided to provide sediment and erosion control during the construction
phase of the project. The basins are designed in accordance with the State of North Carolina Sediment and Erosion
Control Manual. Faircloth skimmers are utilized for the primary outlet device. Silt is to be removed from the basins when
the basins are 50% of capacity. Temporary diversion ditches are used to divert the storm water to the sediment basins.
Rock construction entrances are used to prohibit sediment from migrating onto the public roadways. Matting and
temporary rock check dams are used in channels to prevent erosion.
Two BMP permanent wet ponds will be constructed to treat and detain the runoff from the site. The BMP wet ponds are
designed to the City of Charlotte standards. The treated drainage area is 35.72 acres of which 28.23 acres will be
impervious. Runoff from a 1-inch rainfall will be treated by removing 85% of the total suspended solids. Channel
protection and quantity control will be provided by detaining the 1-year, 24 hour storm and releasing the runoff over 2 to 5
days. Peak control will be provided by detaining the 2-year, 10-year and 25-year, 6 hour storms where the post
developed runoff will not exceed the pre developed runoff.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Charlotte
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ® Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with roof of approval been ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Siemens Energy has no plans at this time for any future expansion. The project is an expansion of an existing facility and
should not increase the liklihood of downstream development. Lake Wylie is downstream of all waterways on the
property.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater is to be handled by the City of Charlotte municipal system. A large sanitary sewer pump station, owned and
opertated by the City of Charlotte, is located on the property.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?

5c. If yes, indicate the USFWS Field Office you have contacted. ?
Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS website, NC Natural Heritage Program website, Site visit
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The project is not located in a coastal county
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Office website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NCFloodMaps website
f
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7 U
Applicant/Agent's Printed Name Applicant/Agent's 1n ure Date
(Agent's signature is valid only if an autho 'zatio letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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DATE: 29nov20! 0
Phone: [phone]
r-(864)2359299 EPC PROJECT NO.: 10021
USACE AGtionID: 201001302

SIEMENS
July 8, 2010
To Whom It May Concern:
Siemens Real Estate hereby authorizes Environmental Permitting Consultants,
Inc. to act as our agents in regards to wetlands and other potential issues for the
Siemens EAMC project.
Sincerely,
James M. Valade
Director
Development & Construction
Siemens Real Estate 1900 N.W. Corporate Blvd, Suite 101-E
Boca Raton, FL 33431
USA
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 201001302 County: Mecklenburg U.S.G.S. Quad: Belmont/Char.West
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Siemens Real Estate
Address: 170 Wood Avenue South
Iselin, NJ 08830
Telephone No.:
Property description:
Size (acres) 292.58 Nearest Town Charlotte
Nearest Waterway Lake Wylie River Basin Catawba
USGS HUC Coordinates N 35.142720 W -80.993490
Location description Siemens Real Estate site located at the intersection of Shouton Road W. and Westinghouse
Blvd. adlacent to Lake Wylie; in SW Mecklenburg County
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (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 Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property 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.
The wetland on your property have been delineated and the delineation has been 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 subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 912 012 01 0. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Page 1 of 2
Action ID:
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
This delineation/determination has been conducted to identify limits of COE's Clean Water Act jurisdiction for the particular
site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the
Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA
programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation
Service, prior to starting work.
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 Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Chapin at 828-271-7980x224
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual, open water pond, and is
ad!acent to stream channels located on the property that exhibit indicators of ordinary hish water marks. The stream
channels on the property are unnamed tributaries to Lake Wylie which flow into the Catawba River which is a Section
10 navleable-in-fact waterwav at Lake Wvlie which ulitmatelv flows into the Atlantic Ocean.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you abject to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office
151 Patton Ave., Room 208
Asheville, North Carolina 28801-5006
In order for an 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 District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 11120/10.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
?-? i
Date 09120/2010 Expiration Date 09/20/2015
The Wihhington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http://regulatoly.usacesurvU.com/ to
complete the survey online.
Copy furnished:
EPC, Inc.
Page 2 of 2
Y
system
PROGRAM'
November 30, 2010
Jim Valade
Siemens Real Estate
170 Wood Avenue South
Iselin, NJ 08830
Project: Siemens GT Plant
Expiration of Acceptance: August 30, 2011
County: Mecklenburg
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer 11
(Sq. Ft.)
Cold Cool Wane Riparian Non-Riparian Coastal Marsh
Impact Catawba 03050101 0 0 168 0 0 0 0 0
Credits Catawba 03050101 0 0 Up to
336 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Chris Grose, agent
File
Sincerely,
W I am D. Gilmore, PE
Director
RP.StO?'GK?... 'E ... Prot", Oar St&e,
?A
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net