20071441 Ver 4_401 Application_20091009

07 - i X41 V'-
Soil & Environmental Consultants, PA
248 LePhillip Court • Concord, North Carolina 28025 • Phone: [phone] • Fax: [phone]
www.S,mdEC.com
SPAID
October 7, 2009
S&EC #5-1925wx
US Army Corps of Engineers N.C. Division of Water Quality
Asheville Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Steve Chapin Attn: Cyndi Karoly
151 Patton Avenue, Room 208 2321 Crabtree Boulevard, Suite 250
Asheville, NC 28801-5006 Raleigh, NC 27604-2260
RE: Prosperity Village (Ridge Road) Apartment Site-Mecklenburg County, NC D 19 1 0134 19 0W
Dear Mr. Chapin and Mrs. Karoly: 0 C t 9 2009
DENR - WATER OUAUTY
Our client, Charter Properties Inc., requests the use of Nationwide Permit 12 to WETLANDS AND STORMWATER BRANCH
temporarily impact 26 linear feet of stream for sanitary sewer construction at the
proposed Prosperity Village Apartments project in Charlotte. The development will be
served by sanitary sewer that must connect to an existing sewer line on adjacent property
(see maps). In order to connect to the existing sewer line a jurisdictional stream must be
crossed. The developer's initial plans called for directional bore of the sewer pipe under
the stream. As such, prior preconstruction notification submittals to the USACE and NC
DWQ assumed no stream impacts associated with the crossing. After recently excavating
a test pit along the sewer corridor, rock was encountered by the contractor. In order to
connect to the existing sewer manhole within the recorded sanitary sewer easement as
planned, the developer proposes an open cut installation of the pipe. The work will
follow USACE Nationwide Permit 12 regional conditions as well as NC DWQ General
Certification #3699, except for the perpendicular angle condition. Due to the fact ALL
conditions of General Certification #3699 cannot be met we request written approval
from the NC DWQ in addition to the USACE. We request consideration of the impact as
temporary by the agencies as site conditions will be put back to pre-construction contours
with no permanent above grade fill placed on the stream.
No other modifications to earlier approved plans (Action ID#s SAW-2009-00706 and
DWQ# 07-14410) are proposed. Prior approvals included stream, open water and
wetland impacts requested under Nationwide Permits 3, 12 and 29 (see table below). Plan
schematic sheets 1 through 6 (of 7) represent all proposed impacts to jurisdictional
features for the project. All proposed impacts have been previously approved with the
Greensboro Office: Raleigh Office:
3817-E Lawndale Drive 11010 Raven Ridge Road
Greensboro, NC 27455 Raleigh, NC 27614
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
exception of the current request, Stream 5. Prior approved impacts were included with
this submittal with the intention to clarify all impacts, past and current.
Upon completion, the project will involve construction of apartment buildings and
supporting infrastructure including parking lots. At this time no final building plans have
been prepared outside of proposed roads. No additional impacts to jurisdictional features
will result from the proposed apartment construction. Storm water management plans for
the roads (initial phase) are currently under review by the NCDWQ. At the request of
Annette Lucas the project engineer has furnished the DWQ with conceptual storm water
management plans for the final phase (apartment construction).
The requested temporary stream impact will occur on adjoining property owned by the
Mulvaney Group. Agent authorizations for Charter Properties and Mulvaney Group are
included with this submittal. The applicant has paid their NC EEP mitigation invoice for
permanent stream and wetland impacts required in prior approvals (see attached).
PROJECT SUMMARY
Project Name Prosperity Village Apartments
Project Type Residential
Owner / Applicant Charter Properties, Inc.
Count Mecklenburg
Nearest Town Charlotte
Waterbod Name Stony Creek
Basin / Sub-basin Yadkin
Index Number 03040105
Class C
PRIOR APPROVED
IMPACT SUMMARY
(Repair) (Temp)
NW29 NW3 NW12 Total
Stream Impact (linear feet): 298 72 16
Wetland Impact (acres): 0.21 .001 0.02
Open Water Impact (acres): 0.004 0 0
Total Impact to Waters of the U.S. (acres): .235 .001 .02 0.256
Total Stream Impact (linear feet): 298 72 16 386
CURRENT IMPACT SUMMARY
Stream Impact (linear feet): Temporary 26
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres): .004
Total Stream Impact (linear feet): Temp 26
Attachments:
Pre-construction Notification (PCN) Application Form
Agent Authorizations
Site Aerial Photo
USGS topo quad
USDA Soil Survey Map
Impact Maps/Site Plans
NC EEP invoice receipt
Prior USACE 404 permit
Prior NC DWQ 401 permit
NC State Historic Preservation Office letter
USACE stream form, Rapanos form
DWQ stream form
DWQ 401 fee
Please call if you have questions or comments regarding the information provided.
Sincerely,
Wendell Overby
t
NC Licensed Soil Ver
NC Registered For
o?ok wAr??QG
P 'r
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Office Use Only:
Corps action ID no.
DWO project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form A I
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: 12 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?
No For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Prosperity Village (Ridge Road) Apartments
2b. County: Mecklenburg
2c. Nearest municipality / town: Charlotte
I D
flw
lc?
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no: T 9 2009
3. Owner Information
VMETLAWSANDSTOORj?tyYA ? NWMH
3a. Name(s) on Recorded Deed: Charter Properties
3b. Deed Book and Page No. 23185-651
3c. Responsible Party (for LLC if
applicable):
Jim Homan
3d. Street address: 1520 South Blvd, Suite 215
3e. City, state, zip: Charlotte, NC 28203
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: JLHCcharterproperties.com
Page 1 of 10
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: Wendell Overby
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 248 LePhillip Ct
5d. City, state, zip: Concord, NC 28025
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 02931138
1 b. Site coordinates (in decimal degrees): Latitude: 35.3711 Longitude: - 80.7786
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 23.4 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Stony Creek (03040105)
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Yadkin
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: Site is undeveloped. Portion of the site is in primary succession (old field). Southern portion of site consists
of mixed pine-hardwoods. Formerly single family home site. Shopping center and residential development adjacent.
3b. List the total estimated acreage of all existing wetlands on the property:
0.5 acres wetlands (1.7 acres = open waters-pond)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
485
3d. Explain the purpose of the proposed project:
Construction of residential apartments and associated infrastructure including sewer lines.
3e. Describe the overall project in detail, including the type of equipment to be used:
Heavy equipment used for site prep/grading via pans and backhoes. Construction of apartments, parking, sewer, roads.
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:
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: S&EC
Name (if known): W. Overby (Agent) Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD received 10/2/2007
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.
USACE Action ID's SAW-2007-02886 SAW-2009-00706 & / DWQ 07-1441 versions 2, 3
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
Phased in as much as the roads/grading planned for construction prior to the apartment buildings.
Page 3 of 10
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 0
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 ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? .DWQ
S5 ? P ® T NWP12: Open cut; UT Stony Creek ® PER ® Corps 6 26
sewer ? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 26
3i. Comments: S5 = temp sewer
Page 4 of 10
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 individual) 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
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or
ur
ose Wetland Impacts (acres) Stream Impacts (feet) Upland
p
p (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: "Pond dam repair only. No new pond construction.
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?
61 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Developer planned directional bore of sewer under stream resulting in no impact. Contractor encountered rock after
digging test pit thus requiring open cut approach. Only one crossing of stream with sewer pipe.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Proposed sewer crossing will meet NWP12 conditions; except perpendicular angle. Preconstruction contours re-established.
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

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 Stream 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:
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
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 6 of 10
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:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. 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? Final plans will be >24 %
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:
Phase I stormwater management plan designed to treat road construction and site grading. Additional stormwater
management plan and facilities to follow for the final site plan (ie apartments). Prior DWQ approval conditioned General
Certification with phased stormwater approach. SMP to be approved by City of Charlotte and NC DWQ 401 Unit.
® 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 ? HOW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
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 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1b. 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.
Proposed project is surrounded by already constructed projects (shopping center and residential developments).
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 disposal via sanitary sewer. Construction of utility line to occur on property with temporary impacts requested.
City of Charlotte will ensure adequate capacity.
Page 9 of 10
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?
NHP and USFWS; S&EC has been in communication with USFWS and USACE to ensure compliance with Endangered
Species Act.
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?
USFWS
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?
S&EC contacted SHPO regarding project location and they determined the project would have no potential effects on
historical properties/archaeological sites. See response letter.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? 7 ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Meck County GIS with FEMA layer
a?V I-V? 10 7- 09
Applicant/Agent's Printed Name Applicant/Agent's ature Date
(Agent's signature is valid only if an author ion letter from the applicant
is provided.)
Page 10 of 10
FEB. 24. 2009 9;33AM 7043334532 NO. 2472 P. 1
Name:
Addres?
Phone:
Project Name/Description;
Date:
Environmental Consultants, PA
a • Concord, North Carolina 28025 • Phoae: [phone] • Fax; [phone]
w(vw SandEC.com
The Departutent of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Steve Chapin
Field Office: Asheville
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current o er owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon. request
supplemental information in support of applications, etc. from this day forward. The day of
This notification supersedes any previous correspondence concerning the agent for this project
N07ICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff You should call S&EC
to arrange a site meeting prior to visiting the site.
0 iLzl- 0
Pry roOON ame 104 r arty Owner's Signature
pej
cc: Mrs. Cynm Karoly cc: Mr. Wendell Overby
NCDENR - DWQ Soil & Environmental Consultants, PA.
2321 Crabtree Blvd., Ste 250
Raleigh, NC 27604-2260
Qnnab= l]ffic Rolex-Sh O t9eft
3817E lawndale Drive 11010 Raven Ridge Road
Greenoboro.14C 27455 Raleigh, NC 27614
Phone: [phone] Phone: [phone]
FAX: [phone] Pax: [phone]
AGENT AUTHORUA'I'rON FORM
All Blanks To Be Filled Srt Bx The Current Landowner
MAR. 12009 10:29AM 7043334532
NO. 2538 P, 1
,un ot ibnvironmental Consultants, PA
248 LePhMiP Court • Concord, North Carolina 28023 • Phone: [phone] • Fax: [phone]
www.Sandl;C.oom
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: °- M
Address:
Phone:
Project Name/Description.
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 25402
Attn: Ste?re Chapin
Field Office: AshevMe_
Re: Wetlands Related Consulting and Permitting
J)r-
To Whom It May concern:
I, the current pro_ger owner, hereby designate and authorize Soil & Environmental
act in my behalf as my agent in the processing,of permit applications, to Furnish upon
s elemental information in support of applications, etc. from this day forward,
? J.
to
day of
This notification supersedes any previous correspondence concdv:ng the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons is valid only for
government officials to enter the property when accompanied br S&EC S Yo s ould call S&EC
to arrange a site meeting prior to visiting the site.
PxS.nt Property Owner's axne Pr?npr nw„a e
cc: Mrs. Cyndi Karol V
Y cc: Mr. Wendell Overby
NCDIIVR - l?'WQ
2321 Crabtree Blvd., Ste 250 Soil & Environmental Consultants, PA.
Raleigh, NC 27604-2260
Orc:MAO-'o Office:
3817-B Lawadek Drive Ra1ei Offi?c
areea6boro, NC 27455 11010 Raven Ridge Rud
Phone: [phone] Raleigh, NC 27614
Par. [phone] Phone: [phone]
Pax: [phone]
-
Mecklenburg County, North Carolina
POLARIS
Property Ownership Land Records information System
Date Printed: Wed Mar 4 09:03:20 EST 2009
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sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information
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11
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RECEIPT
August 25, 2009
Jim Homan
Charter Properties, Inc.
1520 South Blvd. Suite 215
Charlotte, NC 28203
Project: Ridge Road Apartments
County: Mecklenburg
DWQ# 07-1441
COE#: 2009-00706
EEP #: ILF-2007-5519/ IMS#10734
Amount Paid: $111,154.00
Check Number: 26480
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity including
SL 2009-337, An Act to Promote Compensatory Mitigation Banks.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Stream Credits Wetland Credits Buffer I& II
HUC (linear feet) (acres) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Yadkin 0 0 298 0.231 0 0 0
03040105
Please note that requests for reimbursement of payments made to NCEEP are considered on a case by case basis. Requests
for reimbursement must be received within 12 months of the date of this receipt. Any such request must be accompanied by
letters from the permitting agencies stating that the permit and/or authorization have been rescinded and/or that NCEEP is not
responsible for providing mitigation credit. If you have any questions or need additional information, please contact Valerie
Mitchener at [phone] or Kelly Williams at [phone]. J
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Asheville, Thelma Hemmingway, USACE-Wilmington
Ian McMillan, NCDWQ-Wetlands/401 Unit
Wendell Overby, agent
File
1QP.Sf?QYL'dC9... t 1?... -pro", our sm&

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2009-00706 County: Mecklenburg USGS Quad: Derita
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Charter Properties, Attn: Jim Homan
Address: 1520 South Blvd., Suite 215
Charlotte, NC 28203
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Prosperity Village Apts.
located on a 23.4 acre tract off of Ridge Road; in Charlotte
Description of projects area and activity: This permit authorizes permanent impacts to 370 LF of UT's
- Stony Creek (72 LF determined to be intermittent with "unimportant" function). temporarv
impacts to 16 LF of perennial stream, impacts to 0.231 acre of wetlands , and 0.004 acre of open
water. The purpose for the impacts are for road construction, dam maintenance, and sewer line
installation.
MITIGATION:
In order to compensate for impacts to 298 linear feet of stream and 0.231 acre of wetlands. the
permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP)
in the amount determined by the NC EEP, sufficient to perform the restoration of 298 linear feet of
warm water stream and 0.231 acre of riparian wetland in the Yadkin River Basin. Cataloging Unit
03040105.
Construction within iurisdictional areas on the _property shall begin only after the permittee has
made full payment to the NC EEP and provided a copy of the payment documentation to the
Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the
NCDENR and the United States Army Corps of Engineers, Wilmington District, dated November
4,1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 3,12, 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: May 4, 2009
Expiration Date of Verification: May 4, 2011
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
hqp://www.saw.usace.g=.mil/WETLANDS/index.html to complete the survey online.
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the 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.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _ Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnaueed tributary to which flows into the Yadkin River and ultimately flows
to the Atlantic Ocean through the Catawba River which is a Section 10 navigable-in-fact waterway at Lake Wylie.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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 Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 Division 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 within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Steve Chapin
Issue Date: May 4, 2009 Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
S&EC (Wendell Overby), 248 LePhillip Court, Concord, NC 28025

NCDENt
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Mr. Jim Holman
Charter Properties, Inc.
1520 South Boulevard, Suite 215
Charlotte, NC 28203
Subject: Prosperity Village Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holman:
Dee Freeman
Secretary
April 29, 2009
DWQ# 07-1441 V3
Mecklenburg County
This approval replaces the 401 previously issued on April 22, 2009. You have our approval, in
accordance with the general certification to impact 0.231 acre of wetland and 386 linear feet (if) of unnamed
tributary to Stony Creek (370 If, permanent) in order to construct the project in Mecklenburg County, as
described in your application received by the Division of Water Quality (DWQ) on April 9, 2009. After reviewing
your application, we have determined that this project is covered by Water Quality General Certification
Numbers 3687, 3699, and 3705, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands.
The General Certification allows you to use Nationwide Permit Number 3, 12, 29 once they are issued to you
by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations.
All previous additional conditions and requirements of the certification issued on April 22"d, still must be
adhere to. If you do not accept the stipulations of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing. If you have any questions, please telephone Mr. Alan Johnson in the
Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-
9721.
Sincerely,

for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Wendell Overby
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NO h fC?a+rollina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 `/ V??KS aL`?
Internet: www.ncwatergyalitv.ora
07-1441V3
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Charter Properties has permission as outlined below to impact
0.231 acre of wetland and 298 linear feet of stream in order to proceed with the development in Mecklenburg
County, North Carolina. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Ridge Rd.
Mecklenburg
Yadkin (03040105)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program must
be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments
according to 15 2r .0503(b).
Impacts:
298 linear feet of stream
0.231 acre wetland
Mitigation:
296 Linear feet of stream
Mitigation:
296 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated March 26, 2009 the EEP indicated that up to 296 linear feet of stream mitigation would
be conducted by EEP if available within the cataloging unit. More may be required if mitigation is required
outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS
BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
NCDENR
SCANNED
s-??as
Dater -ate-a?
North Carolina Department of Environment and Natural Resources
Division of Water Quality
_ :.................__ _.. y?.._._._.,_._Dee
Beverly Eaves-Perdue ••-.- - ` -~ ---Coleen- H:-Sullins Freeman
Governor Director:. r , Secretary
April 22, 2009
DWQ# 07-1441 V3
Mecklenburg County
Mr. Jim Holman
Charter Properties, Inc.
1520 South Boulevard, Suite 215
Charlotte, NC 28203
Subject: Prosperity Village Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holman:
You have our approval, in accordance with the general certification 'and those conditions listed below,
to impact 386 linear feet (If)-of unnamed tributary to Stony Creek (370 If, permanent) in order to construct the
project in Mecklenburg County, as described in your application received by the Division of 1Nater Quality
(DWQ) on April 9, 2009. After reviewing your application; we have determined that this project is covered by
Water Quality General Certification Number 3687, 36J9; and 3705, which can be'viewed on our we site at
http://h26.6nr.: tate.nc.us/ncwetlands. The General Certification .flows you to use Nationwide Permit Number
3, 12, 29 once they are issued to you by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required by (but
not limited to) Sediment and Erosion Control, Non-Discharge, and. Water Supply Watershed regulations.
The above noted Certifications will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. This approval is only valid for the purpose and. design that you described
in your application. If you change your project, you must notify us in writing, "and you maybe required to send
us a new application for a new certification..If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to.the requirements of the certification,: you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2.. Existing stream dimensions (including the cross section dimensions; pattern; and longitudinal profile) must
be mamtamecl' (or restored vla constructed benches) above' and below locations of each culvert. If any of the
existing pipes are or become perched; the a propnate stream grade shall be re established or, if the pipes
anstalled_m a perched manner, the pipes shalt be reMOVed and re=Installed correctly. Culverts :placed in
streams[wetlands shall be instalf6c- InAhe dry" Immediately upon'completion of the installation; water flow
shall be returned to its natural course ? . - ' ?` • -' --` -- -
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Dn'C11Car01111a
Phone: [phone]\Fax: [phone]\ Customer Service, 1-877-623-6748 I
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Internet: www.ncwateroualitv.ora V
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3. The stream shall be`restored to its original grade and elevation and riprap limited to.the maximum extent
practicable upon completion of the installation of the sewer line. If riprap is required, it shall be
embedded into the soil matrix.
4. Deed notifications-or similar mechanisms shall be pla"ced on'alE retained jurisdictional wetlands; waters and
protective buffers in order to assure compliance for future wetland; water and '-buffer impact.' These
mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is
appropriate: A sample deed r otifcation can be downloaded from tfie "401NVetl''ands Unit we life at
http:i/h2o.enr state.nc.us/ncwetlands. The'text of the sample deed notification may be modified as
appropriate to suit to this project.
5. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
wish to make a payment to the restoration fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to
meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts speed in this Authorization Certificate shall occur.
The EEP-should be contactea`at-(-919) 71.5=0476 ifyou-have any-questions concerning payment- into--a
restoration fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the restoration fund to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 298 feet Yadkin 03040105
Wetlands ` .: acres ` ::. -
Waters acres . , .:., . , ..
6. Use of native vegetation and 4th*' #r stream bank stabilization techniques must 6e used where:practicable ..
instead of riprap or other bank hardening' methods If riprap is necessary; it shall: not be placed in .he
streambed, unless approved by the DWQ,
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
8. A final, written storm water management plan (including a signed and notarized Operation and .
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250;-Raleigh, NC,. 27604) within. 60 days of the issuance of the 40-rWater Quality
Certification. The storm water management plans shall be approved in writing by this Office (or local
approved delegated authority) before the impacts specified in this Certification occur. You have the
option of using the Express Review Program for expedited approval of these plans. If you propose to use
the Express Review Program, remember to include the appropriate fee with the plan. The storm water
management plan must include construction plans, specifications, storm water BMP worksheets, and
supporting calculations. The storm water best management practices are required to be appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most recent version
of the NC DENR Storm water Best Management Practices Manual. These facilities must be designed to
treat the runoff from the entire project,. unless otherwise explicitly approved by the Division of Water Quality
(or local delegated authority). Also, before any permanent building is occupied at the subject site, the
facilities shall be constructed and operational, and the storm water management plan shall be
implemented. The structural storm water practices as approved as well as drainage patterns must be
maintained in perpetuity. No changes to the structural storm water practices shall be made without written
authorization from the Division of Water Quality.
i
9. Sediment and erosion control measures shall not be placed in wetlands:or waters without prior approval from
DWQ. If approved, they shall. be removed and the natural grade restored within two months of the date of
the close out/stabilization of the given drainage area.
10-
,P pon completion of the project;ahe applicant shall, complete and return:-the=enclosed: "Certif cate of..
Completion" form to-the 401/INetlan.ds=:Unit of,the_N. Divi.ion of Water.Qualiiy:. - ?:
11. Continuing Gomplianee The,applrcant-(Charter Properties,-Jim. Homan) shall conduct all,.activities In a
manner.so a.s snot to-contravene a.ny state water quality: standard: (including-any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in-accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided' to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you".may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 4501'of the North Carolina General Statutes to. the Office'of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699=6714. This:certifrcation and its conditions are.final
and binding unless you ask fora hearing-,-----
-This _.._._ ___...,..._ ........,_
letter completes the review.of the Division:of Water Quality.und.er.,Section 401 of the Clearx.WaterAct.
If you'have,any questions, please. telephone"Mr r. an in the Mooresville aegiorial Office at.704-663
1699 or Ms. Cyndi 'Karoly in the Centi of Office in Raleigh 919-733=9721
Sincerely,

for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Wendell Overby

07-1441V3
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Charter Properties has permission as outlined-below to to
0.174 acre of wetland and to impact 296 linear feet of stream in order to proceed with the development in
Mecklenburg County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Ridge Rd.
Mecklenburg
Yadkin (03040105)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Linear foot, requirements proposed to be mitigated through the Ecosystem Enhancement Program must
be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments
according to 15 2r.0503(b).
Impacts:
298 linear feet of stream
0.174 acre wetland
Mitigation:
296 Linear feet of stream
Mitigation:
296 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated March 26, 2009 the EEP indicated that up to 296 linear feet of stream mitigation would
be conducted by EEP if available within the cataloging unit. More may be required if mitigation is required
outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below: An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS
BEEN PROCESSED BY THE EEP.
Signature
- Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C..27669-1619

North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor Office of Archives and History
Linda A. Carlisle, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
March 19, 2009
Wendell Overby
Soil & Environmental Consultants, PA
248 LePhil4p Court
Concord, NC 28025
Re: Ridge Road Site, Charlotte, Mecklenburg County, ER 09-0363
Dear Mr. Overby:
Thank you for your letter of February 25, 2009, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project; please cite the above-referenced tracking number.
Sincerely,
Peter Sandbeck
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in 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:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Ridge Road E. stream
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3703°, Long. 80.7798° W.
Universal Transverse Mercator:
Name of nearest waterbody: Stony Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
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:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There A re "waters of the U.S." 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): r
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 directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
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: 4001inear feet: 3width (ft) and/or.027 acres.
Wetlands: 0.14 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manpal
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section HI.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 M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.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 Rapanarhave 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 the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section HLD.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 will include 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 waterbody4 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 HLB.1 for
the tributary, Section III.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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Condition:
Watershed size: 25-acres
Drainage area: 25 acres
Average annual rainfall: 45 inches
Average annual snowfall: 1 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 10-15 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 5-10 aural (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Stony Creek-Mallard Creek-Rocky River.
Tributary stream order, if known: 1.
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 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: 4 feet
Average depth:.5 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
? Silts ® Sands ? Concrete
® Cobbles ® Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Urban stream, erosive & unstable banks.
Presence of run/riffle/pool complexes. Explain: Presence of riffle/pool complexes identified in field.
Tributary geometry: Relativeh straight
Tributary gradient (approximate average slope): 4 %
(c) Flow:
Tributary provides for. Seasonal flow
Estimate average number of flow events in review area/year: 20 (or gre4ter)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: L'nknoti u. Explain findings:
? Dye (or others test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (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.' 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: Water appeared discolored, trash in stream, urban environment.
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the steam 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.
'I bid.
(iv) Biological Characteristics. Channel supports (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: One salamander identified.
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:.014 acres
Wetland type. Explain:Riparian.Mostly hardwood species in drainageway.
Wetland quality. Explain:Low.Little stratification of few species Development close by. Sparce vegetation density.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationsbip with Non-TNW:
Flow is: Ephemeral flogs. Explain:
Surface flow is: Overland sheetflow
Characteristics:
Subsurface flow: Linlzno A n. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
® Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
® Separated by berm/barrier. Explain: Small berm separates RPW to wetlands.
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List 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 _5 - 10-year floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: No inundation identified.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:Hardwood spp (sweetgum/elm).75% cover.
® Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:Birds or small mammals could utilize buffer.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 11
Approximately (.014 ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
N .014
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 if 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, in combination 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 its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• 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 TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. 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:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. 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:
3. 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: The tributary in combination with the wetland has the capacity to reduce floodwaters and provide habitat.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Q Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: USACE stream form attached. .
® 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 III.B. Provide rationale indicating that tributary flows
seasonally: On site visits to stream feature (flags 1-24) in spring and summer has resulted in evidence of flow each visit.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 400 linear feet 3width (ft).
Other non-wetland waters:.027 acres.
Identify type(s) of waters: Seasonal perennial stream (RPW).
3. Non-RPWss that flow directly or indirectly into TNWs.
E" Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section IH.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland occurs 25' off RPW on site but has a hydraulic connection to RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.14 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.014 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):to
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
[] Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
?, Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
0 Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
?
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/subniitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
]{ U.S. Geological Survey map(s). Cite scale & quad name: 1:24000 Derita.
USDA Natural Resources Conservation Service Soil Survey. Citation:
c ? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
f ? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
SACE AID# DWQ # Site # (indicate on attached map)
STREAM QUALITY ASSESSMENT WORKSHEET
Provide the following information for the stream reach under assessment:
1. Applicant's name:
3. Date of evaluation: 2-/2,3/07
5. Name of stream:- 07' YTOAI'/
7. Approximate drainage area: "30 /kA65
9. Length of reach evaluated: 'r-"
11. Site coordinates (if known): prefer in decimal degrees.
AOQP ?
2. Evaluator's name: (sv!E/zA??/
4. Time of evaluation:
6. River basin: V"4 ?
8. Stream order: /S"f
10. County: jyl ?G
12. Subdivision name (if any):
Latitude (e)L 34.872312): :35, -3703 1?l Longitude (ex--77.556611): 9-0. 77 919'*1'?
Method location determined (circle); 0 Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
S%'- X77 t?Erg MC 6S' /h .47-
14. Proposed channel work (if any):- C11Z-(1EY"9 pj106- /wS7,?Z 9. n.I
15. Recent weather conditions:
16. Site conditions at time of visit: P9Y
17. Identify any special waterway classifications known: -Section 10 -Tidal Waters Essential Fisheries Habitat
-Trout Waters -Outstanding Resource Waters - Nutrient Sensitive Waters -Water Supply Watershed (I-IV)
18. Is there a pond or lake located upstream of the evaluation point? <29?NO If yes, estimate the water surface area Z -11C-
19. Does channel appear on USGS quad map? Ca NO 20. Does channel appear on USDA Soil Survey? (?g NO
i
21. Estimated watershed land use: 400 % Residential 4% Commercial _% Industrial _% Agricultural
'% Forested Cleared / Logged % Other ( O%/f )
i o
22. Bankfull width: 3 23. Bank height (from bed to top of bank):
24. Channel slope down center of stream: ? Flat (0 to 2%) f entle (2 to 4%) Moderate (4 to 10%) -Steep (>10%)
25. Channel sinuosity: Straight 1! Occasional bends -Frequent meander -Very sinuous -Braided channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points
to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the
characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the
comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture
into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the
highest quality.
Tota
l Score (from reverse): Comments: 1/%/3yi7i -<f4 fW. UN17,VtC &^Ar,
5ir
r J At-- ' T? - Shia i3 rr o OS atr t7 C-t! L-orf -0-+7 -1-41 s y t Ot94 J
r-' S ?2C-7'C ? . C1--f-)5?s NT
Evaluator's Signature 1tiJ V- Date
This channel evaluation form is inte ed to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the nited States Army Corps of Engineers to make-a preliminary assessment of stream
quality. The total score resulting from the completion of this form is subject. to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT-WORKSHEET
1.?..
----••_ .•...........,... aauw ?.. ?. -1 c Do ZOVu Lit t+UdbUU SlXraMS.
North Carolina Division of Water Quality - Stream Identification Form; Version 3:1
Date: 7-/;Z,3 f07
Evaluator. O v ?46y
Total Points:
Stream is at least intermittent
ff> 19 or perennial if> 30 32
Project: Ito G g A..V"
Site: E&z 5.7zrsn-,
County:
?•EGtt.
Latitude: 3 Jr 37o 3 ,J
Longitude: Sa, 7798 w
Other
e.g. Quad Name: f &t4-TA
r+. vcuinvr nolo Subtotal = '4V 4W
1a. Continuous bed and bank Absent- ; . Weak. :Moderate Strong

2
Sinuosity 0 1 2
.
3
In-channel structure
iffl
l 0 2 3
.
: r
e-poo
sequence
4
Soil texture or str
b 0 1 3
.
eam su
strate sorting
5
Active/relic flood
l
i 0 1 3
.
p
a
n
6
Depositional bars
b
h 0 2 3
.
or
enc
es 0 2

7: Braided channel 3
0 2

8
Recent alluvial de
osit 3
.
p
s 0

98 Natural levees 2 3

10
Headcuts 0 1 0
3
.
11
Grade controls 0 1 C2 3
.
12
Natural valle
or drai 0 0.5
1.5
.
y
nageway
13. Second or greater order channel
i
fi 0 0.5 1.5
on ex
s
na
USGS or NRCS map or other documented
evidence.
a Man-made ditches are not rated: sea disci iaSinnc in -.,-
No

1
0
Yes
= 3
B.
H drolo Subtotal = 7.5
14. Groundwater flow/discharge 0 1 3
15. . Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 0 0" 2 3 .
16. Leaflitter 1.5 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1.5
19.H fdric soils -(redoximor•phic features) present? No = 0 Yes 1.5
C. Biology (Subtotal= zu-. Fibrous roots in channel 3- 1 0
21
Rooted plants in ch
l
.
anne
22. Crayfish 3 ® 1 0

23
Bivalves 0 1 1.5
.
.
24
Fish 1 2 3
.
25. Amphibians 0 0.5 1 1.5

26. Macrobenthos (note diversity and abundance)
27. Filamentous algae; periphyton
28. Iron oxidizing bacteria/fungus.
29 . Wetland plants in streambed 0
0

FAC FA 0.5

1
0.5
CW = 0.75; OBL 1
1
2
1
=1.5 SAV = 2 1.5
1.5
3
1.5
.0: Other = n.
- - uvua v1I ulo wvuunae or upiana plants, Item 29 focuses on the presence of aquatic or wetland plants.
Notes: (use back side of this form for additional notes.) Sketch: