20061849 Ver 2_401 Application_20140614

PAID 20061 849k'
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 904 -2277
June 12, 2014
Mr. William Elliott
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Mr. Alan Johnson
NCDENR
Division of Water Resources
610 East Center Street, Suite 301
Mooresville, NC 28115
Ms. Karen Higgins
NCDENR
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street
Raleigh, NC 27604
Mr. Bryan Tompkins
U.S. Fish & Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Dear Ms. Higgins and Messrs. Elliott, Johnson and Tompkins,
Enclosed is a Pre - Construction Notification (PCN) for a Nationwide Permit #27 requesting
authorization for the stream channel relocation and stabilization project on Lots 93 & 94 in
Bromley Estates, in Weddington, Union County, North Carolina. Approximately 120 linear feet
of a severely eroding meander bend will be eliminated by creating a newly relocated channel in
the existing floodplain. Through prior coordination with USACE, NCDWR, and USFWS, the
proposed channel relocation was indicated as a more favorable approach than the previous plan
of stabilizing the eroding bend with gabion baskets. Also, through this coordination, we were
verbally authorized to proceed with the stabilization part of the project (i.e. site preparation,
temporary diversion, and filling/grading eroding bank) while the final permit application was
being prepared due to the severity of the erosion and the potential threat to the existing residence.

Toll NC II, LP who is developing Bromley Estates currently owns Lot 93 and is working in
conjunction with the existing landowner on Lot 94 to stabilize the bank therefore Toll NC II, LP
is listed in PCN as the applicant and owner.
Thank you for your consideration and please contact me if you have any questions, (828) 708-
7059 or email at amanda.iones Lwetlands -epg com.
Sincerely,
J ���
Amanda Jones

20061849V,�-
OF WATF9
0 pG Office Use Only:
� Corps action ID no.
PAID
b DWQ project no.
_Y Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
NX Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes X❑ No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes NX No
2.
Project Information
2a.
Name of project:
Bromley Lots 93 & 94 Bank Stabilization & Channel Relocation
2b.
County:
Union
2c.
Nearest municipality / town:
Weddington
2d.
Subdivision name:
Bromley Estates
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
(see attached cover letter) Toll NC Il, LP
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Toll NC II, LP / Michael Emanuel
3d.
Street address:
6067 Hemby Road ..
3e.
City, state, zip:
Weddington, NC 28104
3f.
Telephone no.:
JUN
3g.
Fax no.:
3h.
Email address:
memanuel @tollbrothersinc.com t*
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant,information (if different from owner)
4a
Applicant is
❑ Agent ❑X Other, specify see attached cover letter
4b
Name
Michael Emanuel
4c
Business name
(if applicable)
Toll NC II, LP
4d
Street,address
6067 Hemby Road
4e
City, state, zip
Weddington, NC 28104
0
Telephone no
4g
Fax no
Ah
Email address
memanuel @tolibrothersinc com
5.
Agent/Consultant Information (if applicable)
5a
Name
Len Rindner
5b
Business name
(if applicable)
Leonard S Rindner, PLLC, Wetlands and Environmental Planning Group
�5c Street'address
3714 Spokeshave Lane
5d
City, state, zip
Matthews, NC 28105
5e
Telephone no
704 -904' -2277
5f
Fax no
5g
Email address
len rindner @wetlands -epg corn
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a
Property identification no (tax PIN or parcel ID)
06147151 (Lot 93) 06147152 (Lot 94)
lb
Site coordinates (in decimal degrees)
I Latitude 35 031972 Longitude -80 752957
1c
Property size
2 acres
2.
Surface Waters
2a
Name of nearest body of water to proposed project
SlxMlle Creek
2b
Water Quality Classification of nearest receiving water
C - SixMlle Creek
2c
River -basin
Catawba 03050103
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
Residential development Nnth surrounding low- density residential developments
3b
List the total estimated acreage of all existing wetlands on the property 0
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 500
3d Explain the purpose of the proposed project
Stabilize a severely eroding section of creek bank on the property line of Lots 93 andy94 by relocating a portion of the channel,away from the,erosion
3e Describe the overall project in detail,'including'the,type of equipment to be�used
A portion of the stream will'be relocated from the,eroding meanderbend and the bend will be backfilled /sloped /stabilized
4.
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps,or State been "requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments S aewisa was conducted'by William Elliott
4b
If the Corps made the jurisdictional determination, what type
of determination was made;
❑ Preliminary ❑ Final
4c
If yes, who delineated the jurisdictional areas?
Name I(d known)
Agency /Consultant Company
Other
4d
If yes, list the dates of the Corps jurisdictional'determinations or State determinations and attach documentation
5.
Project History
5a
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ❑X No ❑ Unknown
5b If�yes, explain in detail according to "help file" instructions
No previous requests for these two lots There were previous permits for -the overall development for several road /driveway crossings
6.
Future Project Plans
6a
Is this a phased project?
❑ Yes ❑X No
6b
If yes, explain
Page 3 of 10
PCN Form — Version 14 January 2009

C`. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands 0 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
Wetland impact
number
Permanent (P) or
Temporary
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f
Area of
impact
(acres)
W1
Choose one
Choose one
Yes /No
-
W2
Choose one
Choose,one
Yes /No
W3 -
Choose one
Choose one
Yes /No
W4 -
Choose one
Choose one
Yes /No
"W5 -
Choose one
Choose one
Yes /No
-
W6 -
Choose one
Choose one
Yes /No
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
Stream impact
number
Permanent (P) or
Temporary (T)
3b
Type of Impact
3c
Stream name
3d
Perennial (PER) or
Intermittent (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 P
Fill
UT to SixMile Creek
PER
Corps
3
120
S2
Choose one
-
S3
Choose one
_
S4 -
Choose one
-
S5 -
Choose one
S6
Choose one
3h Total stream and tributary impacts
120
31 Comments
Approximately 120' of the existing channel will be filled to fill /slope /stabilize the eroding section Approximately 40' of new channel will be,created by
relocation through adjacent floodplain with approximately 20' upstream and downstream of the of the channel diversion (40' total) to be enhanced as
well In summary, approximately 80' of channel will be created /enhanced
Page,4 of 10
PCN Form — Version 1 4 January 2009

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 indiv ually list all open water impacts below
4a
Open water
impact number
Permanent (P) or
Temporary
4b
Name of waterbody
(if applicable)
4c
Type of impact
4d
Waterbody
type
4e
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose,one
Choose
04
Choose one
Choose
4f Total open water impacts
4g Comments
5. Pond or Lake Construction
If Pond or lake construction proposed, the -complete the chart, below
5a
Pond ID number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose -one
5f Total:
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If,yes, permit ID no
51 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 any impacts require mitigation. then vou MUST fill out Section D of this form
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other -
6b
Buffer Impact
number —
Permanent (P) or
Temporary
6c
Reason for impact
6d
Stream name
6e
Buffer
mitigation
required?
6f
Zone 1
impact
(square
feet )
6g
Zone 2
impact
(square
feet
61
Yes /No
132
Yes /No
133
Yes /No
134
Yes /No
65
Yes /No
136
Yes /No
6h Total Buffer Impacts:
61 Comments
Page 5 of 10

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 original plan called for constructing, gabion baskets above the OHWM and leaving the eroding section as is However, a long -term and more stable
plan was designed that, allowed for the 'relocation of the existing channel and enhancement upstream/downstream,of meander bend The channel will
be relocated approximately 16 over from the erosional section in the,flood plain, of the creek The' buffer will be;replanted to minirri¢e impacts to the
riparian buffer zone and the relocation/stabilization work will decrease sediment inputs into the stream in the long term
lb Specifically,describe measures taken to.avoid or minimize the proposed Impacts through construction techniques
A majority of the work will be done from high ground using typical equipment (backhoes, excavators, etc) A_temporary access pipe will be placedoin
the stream for equipment staging /access between lots Once the work is completed, the disturbed area will be immediately matted with coir fiber
erosion fabric and seeded to,prevent,erosion from the disturbed areas Plantings will then be conducted according to,the attached vegetation plan
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 ❑X 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
projects
❑ Mitigation bank
El 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 Choose one
Type Choose one
Type Choose one
Quantity
Quantity
Quantity
3c Comments
4. Complete if Makina a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
❑l Yes
4b Stream mitigation requested
linear_ feet
4c If using stream mitigation, stream temperature
Choose one
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non - riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
S. 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 6 of 10
PCN Form — Version 1 4 January 2009

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- ieu fee fund)
6h Comments
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
10%
2b
Does this project require a Stormwater Management Plan?
❑ Yes No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
Bank stabilization /stream relocation project
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
2e
Whowill be responsible for,the review of the Stormwater Management, Plan?
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other,
3c
Has the approved Stormwater Management Plan,with proof,of approval been
El Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply)
❑Session Law 2006 -246
[:]Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1 4 January 2009

F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a
Does the project Involve an expenditure of public (federal /state /local) funds or the
❑ Yes
❑X No
use of public (federal /state) land?
lb
If you answered "`yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements ofthe National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered "yes" to the above, has the,document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPKfinal approval
❑ Yes
❑ No
letter)
Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes
❑X No
or Riparian Buffer Rules (15A NCAC,2B 0200)?
2b
Is this an after- the -fact permit applications
El Yes
❑X 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
El 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
Work is limited to stream bank stabilization and channel relocation associated with two lots in,the development No,other work,in stream channels is
expected to result from this project
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
No
wastewater will be,generated from the project
Page 9 of 10
PCN Form — Version 1 4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
❑x Yes ❑ No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
Yes ❑ No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Professional knowledge of the Six Mile Creek basin supporting the federally endangered mussel, Carolina Heelsplitter.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes ❑X No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The North Carolina State Historic Office website: http: / /gis.ncdcr.gov /hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Amanda Jones (for Len Rindner)
Applicant/Agent's Printed Name
r ` _ �r
06 -12 -2014
Date
plicant/Agent's Signature
(Agen signature is valid only if an authorization
letter from the applicant is rovided)
Page 10 of 10

_LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 9042277
Agent Authorization Letter
The purpose of this form is to authorize our firm to act on your behalf in matters related to
aquatic resource (i.e. stream /wetlands) identification /mapping and regulatory permitting. The
undersigned, who are either registered property owners or legally under authorized to conduct
due diligence activities on the property as identified below, do hereby authorize associates of
Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act
on my behalf and take all actions necessary for the processing, issuance, and acceptance of
applicable permit(s) and /or certification(s).
Project/Site Name: Bromley Estates Lot 93 Stream Stabilization
Property Address: 1120 Bromley Drive, Weddington, NC 28104
Parcel Identification Number (PIN): 06147151 (Lot 93)
Select one: I am the Property Owner
Name: Michael Emanuel
Company: Toll NC II, LP
Mailing Address: 6067 Hemby Road, Weddington, NC 28104
Telephone Number:
Electronic Mail Address. memanuel @tollbrothersinc.com
t-wz7
Property D,**r / Interested Buyer`/ Other
* The Interested Buyer /Other acknowledges that an agreement and/or formal contract to
purchase and/or conduct due diligence activities exists between the current property owner and
the signatory of this authorization in cases where the property is not owned by the signatory.

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BROMLEY STREAM RELOCATION PLAN
TEMPORARY DIVERSION LOG VANE
SEDIMENT DITCH/PIPE
CHECK DAM LOG STEPS I N , r
g 1
`.
TI
— _ now New Now
won ago
MINIMUM 30' STREAM BUFFER
AREA TO BE
TEMPORARY
BARRIER
Y COIR FIBER
LOGS
-"-TOP OF BMI(
=- TM a %.mom UPPER SLOPE
AREA TO BE
SEEDED, MATTED,
& PLANTED WITH
TUBLINGS
SEEDED,
MATTED & LIVE
STAKED
INNS IV R WI w _ .
MINIMUM 30' STREAM BUFFER
AREA TO BE
1 WILL BE REPLANTED AND
GRADED AND
STABILIZED ON BOTH SIDES
STABILIZED AS
OF THE STREAM TO INCLUDE
NECESSARY
DISTURBED AREA
H x
ASSOCIATED WITH
-
TEMPORARY DIVERSION
***THIS IS A CONCEPTUAL PLAN ONLY —
j
MINOR FIELD ADJUSTMENTS WILL BE
N ?
MADE ON- SITE * **
Sheet:
Page:
Figure No.
LEONARD S. RINDNER PLLC
BROMLEY
Wetlands & Environmental Planning Group
RELOCATION
Drawn
Reviewed
3714 Spokeshave Lane
Matthews, NC 28105
(704) 904 — 2277
[e-mail]
by: NRN
by: LSR
SKETCH MAP
*Approximate Boundary
Date:
6-t2 -ta

BROMLEY
STREAM RELOCATION & VEGETATION PLAN
6 -12 -14
This relocation project is being implemented do to excessive erosion of a stream bank
supporting a structure. The primary goal isto redirect,the flow through a point bar to reduce
the pressure on the slope and then to stabilize the slope that provides structural support. The
secondary goal is the restoration of vegetation for long term stabilization and ecological
enhancement.
The stream channel will be diverted to eliminate a severely eroding meander bend.
Approximately 40 linear feet of new channel will be constructed through the flbodplain as
depicted on attached drawings. This new channel will be constructed utilizing natural channel
design techniques to account for slope changes and grade control. Appropriately sized log steps
will be installed and buried to depth needed to stabilize the, longitudinal profile of channel. The
number and placement of these structures will be based on adjustments made in the field
during construction. A total of approximately 40 linear feet upstream and downstream of the
diversion will also be enhanced with structures when necessary to aid in the transition from the
newly created channel. Log vanes are proposed to aid in thi's transition. The cross - section of the
channel will be constructed with an appropriate bankfull width and floodplain bench to mimic
the existing channel conditions upstream and downstream.
The relocation project area has two general planting zones which are depicted by the different
vegetation used in stabilization labeled Lower slope and Upper slope. The Lower slope is from
the toe of the slope to 15' upslope will be stabilized with native seed, coir fiber matting, and
live stakes. Coir fiber logs will be placed at the,waters.edge running the length of the project
area. The area which will be live staked is approximately four rows from slope side of the coir
fiber logs. The Upper slope (15' — 30') is to receive native seed, coir fiber matting (900 or coir
fiber blankets w /out plastic can be used) and tublings with sleeves /treebands.
During construction a diversion ditch /pipe will be installed to allow the stream to continue to
naturally flow. A temporary barrier should be placed just below the diversion pipe to ensure
flow is directed through the diversion pipe. Rip-rap should not be placed into the stream at any
time only native /natural stone can be used. Erosion control methods should be implemented
prior to earth moving to prevent sedimentation migration,into the stream (silt fencing.as well
as stabilization fabrics). Temporary check dams should be implemented downstream of the
construction area prior to work. Recommended locations of cheek dams will be located in the
field.

Native seed mixes (no fescue), live stakes, and tublings are listed below in the Species List. The
normal planting time for live stakes is during the dormant season October -March and tublings
can be planted at most tirimes,of the year. All vegetative planting should have a minimum of
75% survival rate in the first year and - anything less than that should be reinstalled. If fertilizers
are applied during installation it is recommended that only organic (and /or organic fertilizer
with mycorrhizae) fertilizer be used. The entire enhancement area is to be matted with coir
fiber erosion fabric.
The relocated /enhancement reach once constructed will be visually inspected until April 2015
on a minimum bi- weekly basis or immediately following a rain event. Depending upon
observations, maintenance and /or repair recommendations will be made. The monitoring
period may be altered to reduce visual inspections based on,the stability of the channel and
survival success of planted vegetation.

SPECIES LIST
Native Stabilization Seed Mix,(20 -25 Ibs. per acre):
Elymus virginicus (Virginia wild rye), Tripsocum doctyloides (Eastern gammagrass), Panicum
virgotum (Switchgrass), Agrostis scabra (Rough bentgrass), Carex vulpinoidea (Fox sedge),
Tridens flavus (Purple top), Schizachyrium scoparium (Little bluestem), Coreopsis lanceolata
(Lance leaf tickseed), Sorghastrum nutons (Indian grass), Elymus hystrix (Bottlebrush grass)
Festuca ovina var. duriuscala (Hard Fescue), Rudbeckia hind (Blackeyed Susan)
Tublines,Species (T on center):
Symphoncorpos orbiculatus (Coral Berry), Clethra alnifolia (Sweet Pepperbush), Aronia
arbutifoha (Choke Cherry), Callicarpa americana,(Beauty Berry)
Live Stake Species (T on center):
Corpus amomum (Silky Dogwood), Salix carolimana (Carolina Willow), Salixsericea (Silky
Willow), Sambucus canadensis (Elderberry)

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Photo 2: View from top of bank facing downstream
LEONARD S. RINDNER, PLLC
Environmental Planning Consultant
Professional Wetland Scientist
Land Planning

Photo 3: View from top of bank facing upstream
LEONARD S. RINDNER, PLLC
Environmental Planning Consultant
Professional Wetland Scientist
Land Planning

.!' •ff L it, J"
e
r

Photo 5: Close up of area where relocation will begin
LEONARD S. RINDNER, PLLC
Environmental Planning Consultant
Professional Wetland Scientist
Land Planning

Photo 6: Looking upstream at location of where relocated will enter back into natural channel (which is
downstream of the eroding section).
LEONARD S. RINDNER, PLLC
Environmental Planning Consultant
Professional Wetland Scientist
Land Planning

APPROVED JURISDICTIONAL DETERMINATION, F_ ORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided m,Section IV of the JD Form Instructional Guidebook
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Applicant: Toll Brothers
Project: Bromley Estates Lot 93 & 94 +Stream stabilization /relocation
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State NC County/parish/borough Union City Weddmgton
Center coordinates of site (lat/long in degree decimal format) Lat 35 031972° N, Long -80 752957° W
Universal Transverse Mercator
Name of nearest waterbody UT to Six Mile- Creek
Name of nearest Traditional Navigable Water (TNW) into,which the - aquatic, resource flows TwelveMile Creek
Name of watershed or Hydrologic Unit Code (HUC) Catawba (03050103)
Check-if map /diagram of review area and/or potential Jurisdictional areas is /are available upon request
Check if other sites (e g , offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a
different JD form
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) - Determination Date
M Field Determination Date(s)
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION'10 DETERMINATION OF JURISDICTION.
There Pick istL "navigable waters of the US " within Rivers and Harbors,Act (RHA) jursdiction (as defined`by 33 CFR part 329) in the
review area [Required]
❑ Waters subject to the ebb and flow of the tide
0 Waters are presently used, or have been used in the past, or may be susceptible for use to transport mterstate,or foreign commerce
Explain
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the US" within Clean Water Act (CWA) jurisdiction,(as defined by 33 CFR part 328) in the review area [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): i
❑
TNWs, including territorial seas
Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or-indirectly into TNWs
❑
Wetlands, directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands,adjacent,to but not difectly abutting RPWs theflow directly or indirectly into TNWs
C] Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
0 Impoundments of jurisdictional waters
E] Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters 500 linear feet width (ft) and/or acres
Wetlands acres
c. Limits (boundaries) of jurisdiction based on E'stablished.liy_OHWM.
Elevation of established OH WM (if known)
Boxes checked below shall be supported by completing the appropriate sections in Section III below
: For purposes of this form, an RPW is defined as a tributary that is not a TNW and thattypically flows year -round or has,contmuous flow at least "seasonally"
(e g, typically 3 months)

2. Non - regulated waters /wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be, not jurisdictional
Explain
' Supporting documentation is presented in Section III F

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the,aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections, III.A.I and 2
and Section III.D.1.; otherwise, see Section IH.B'below
1. TNW
Identify TNW
Summarize rationale supporting determination
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent'
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any; and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries -are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g.,, typically 3
months). A wetland that directly abuts an RPW is'also jurisdictional. If thesaquatic resource is not,a TNW, but has year -round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial,flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions wdlanclude in the record any available information that documents the,existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent,wetlands if any) and a traditional navigable water, even
though,a significant nexus finding is not required as a matter of law.
If the waterbodyi is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination,With all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with, adjacent •wetlands,� complete, Section III.B.1 for
the tributary, Section IH.B.2 for any onsite wetlands, and Section III:B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The,determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size Pick List
Drainage area Pic CList
Average annual rainfall inches
Average annual snowfall inches
(ii) Physical Characteristics:
(a) Relationship with TNW
❑ Tributary flows'directly into TNW
❑ Tributary flows through Pick List tributaries before entering TNW
Project waters,are Pick'L6t river miles from TNW
Project waters are Pick'List river miles from RPW
Project waters are Ptcklisi aerial (straight) miles from TNW
Project waters are Pick List aerial (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TNWS
Tributary stream order, if known
Note that the Instructional Guidebook contains additional, information regarding swales, ditches, washes, and erosional features generally and in the and
West
s Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW

(b) General Tributary Characteristics (check all that apply)
Tributary is ❑ Natural
❑ Artificial (man -made) Explain
❑ Manipulated (man- altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes P,ick>I:ist.
Primary tributary substrate composition (check all that apply)
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation Type//o cover
❑ Other Explain
Tributary condition/stability [e g , highly eroding, sloughing banks] Explain
Presence of run/riffle /pool complexes Explain
Tributary geometry E rstLrstL
Tributary gradient (approximate average slope) %
(c) Flow
Tributary provides for Pic kList
Estimate average numberof,flowevents,in review area/year Pick List
Describe flow regime
Other information on duration and volume
Surface flow is NZ— OList. Characteristics
Subsurface flow PickPlck List Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed'and banks
❑ OHWM' (check all indicators that apply)
❑ clear, natural line impressed on the bank
❑ changes in the character of soil
❑ shelving
❑ vegetation matted down „bent „or absent
❑ leaf litter disturbed or washed away
❑ sediment deposition
❑ water staining
❑ other (list)
❑ Discontinuous OHWM I Explain
❑ the presence of,litter and debris
❑ destruction of terrestrial vegetation
❑ the presence,of wrack line
❑ sediment sorting
❑ scour
❑ multiple observed or predicted flow events
❑ abrupt change in plant community
If factors other than the•OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply)
❑ High Tide Line indicated by ❑ Mean High Water Mark indicated by
❑ oil or scum line along shore objects ❑,survey to available, datum,
❑ fine shell or debris deposits (foreshore) ❑ physical markings,
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types
❑ tidal gauges
❑ other (list)
(iii) Chemical Characteristics:
Characterize tributary (e g, water color is clear, discolored, oily film, water quality, general watershed characteristics, etc )
Explain
Identify specific pollutants, if known
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (eg , where the'stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for'indicators of flow above and below the break
'Ibid

(iv) Biological Characteristics. ChanneLsupporW(check all that apply):
❑ Riparian corridor Characteristics (type, average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish/spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2. Characteristics of wetlands adjacent to non -TNW that'flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non -TNW
Flow is Pick List Explain
Surface flow is: Pick List
Characteristics
Subsurface flow Pick "List Explain findings
❑ Dye (or other) test performed
(c) Wetland,Adiacency Determination with Non -TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berni/barrier Explain
(d) Proximity(Relationship) to TNW
Project wetlands are PickL'isii river miles from TNW-
Project waters are Pick List aerial (straight), miles from TNW
Flow is from Pick List
Estimate approximate location of wetland as within the Pick List floodplam
(ii) Chemical Characteristics:
Characterize wetland_system'(e g, water color is clear, brown, oil film on surface,,water quality, general watershed
characteristics, etc ) Explain
Identify specific pollutants, if known
(di) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer Characteristics (type, average width)
❑ Vegetation type /percent cover Explain
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish/spawn,areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3. Characteristics,of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis

For each wetland, specify the �followmg
Directly abuts? (YM) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine nf they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following �situations, a significant nexus exists if the tributary, iwcoiribination with all,of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are'not limited to the volume, duration, and,frequency of the flow
of water in the tributary and its proximity to a TNW,,and the functions performed by the tributary and all its.adjacent
wetlands. It is not appropriate,to determine significant nexus based,solely on any specific threshold of distance (e.g. between a
tributary and its adjacent-wetland or between a tributary and the TNW). Similarly, the'fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw;connections between the features documented and the effects,on the TNW, as identified in the Rapanos Guidance -and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the,tributary, in combination with itsadjacent wetlands (if any), have the capacity to carry pollutants or, flood waters to
TNWs, onto reduce'the amount of'pollutants,or flood waters reachmg:a TNW9
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW9
• Does the,tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs9
• Does the tributary, m.combmation with its adjacent wetlands (if any), have,other relationships to the physical,, chemical, or
biological integrity of the TNW9
Note: the above list of considerations is not'inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non -RPW that has no adjacent wetlands and,flows directly�or indirectly into,TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III D
,Significant nexus findings for non -RPW and its adjacent wetlands, where ttiesnon -RPW flows directly or indirectly into
TNWs. Explam,findmgs of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III D
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III D
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all,that apply and provide size estimates in, review area
Q TNWs linear feet width (ft), Or, acres
Wetlands adjacent to TNWs acres
RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional Provide data and rationale indicating that
tributary is perennial Channel has had consistent baseflow during site visits in varying seasons overthe past year and exhibits
geomorphology and biology consistent with perennial flowing channels in the piedmont ecoregion
0 Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section 111 13- Provide rationale indicating that tributary flows
seasonally