20200009 Ver 1_401 Application_20191230

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Form NrsiBO5ft Dec 10 2008
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DEC 3 0 2019
Pre -Construction Notification CN Form
esources
A. Applicant Information
1.
Processing
la.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps' Permit:
❑ Yes ® No
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
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
The Parking Spot - Charlotte
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state
project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
TPS Charlotte LLC, C/O Green Courte Partners, LLC
3b.
Deed Book and Page No.
31729-458
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
303 W Madison St. Ste. 1500
3e.
City, state, zip:
Chicago, IL 60606
3f.
Telephone no.:
n/a
3g.
Fax no.:
n/a
3h.
Email address:
n/a
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version

�, � i.i �'i':.

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
Mike Boyle
4c. Business name
(if applicable):
The Parking Spot
4d. Street address:
200 West Monroe Street, Suite 1500
4e. City, state, zip:
Chicago, IL
4f. Telephone no.:
[phone]
4g. Fax no.:
n/a
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Meagan Jolly
5b. Business name
(if applicable):
Wetlands & Waters, Inc.
5c. Street address:
328 East Broad Street
5d. City, state, zip:
Statesville, NC 28677
5e. Telephone no.:
[phone]
5f. Fax no.:
n/a
5g. Email address:
[e-mail]
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
05536944
1 b. Site coordinates (in decimal degrees):
Latitude: 35.2380 Longitude: --80.9458
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
24.972 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Ticer Branch
proposed project:
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Upper Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Approximately 22 acres of the project site is currently developed. General land use in the vicinity consists of industrial,
commercial, residential and undeveloped land. Project location is within 1 mile of Charlotte International Airport.
3b. List the total estimated acreage of all existing wetlands on the property:
0.0 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,600 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to expand a short- and long-term covered and uncovered parking facility with
shuttle service. The proposed expansion is needed to meet demand for parking facility services proximate to Charlotte -
Douglas International Airport.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is part of the larger The Parking Spot - Charlotte development, which was originally an
approximately 24.9 acre project area that included constrution of a parking facility and one road crossing. The current
project area has increased to approximately 25.72 acres since The Parking Spot - Charlotte acquired additional adjacent
land to facilitate expansion of the facility.
The proposed expansion would be constructed in two phases (Phases 2A and 2B), as shown on sheets C3.01 and
C3.01 B of the attached plans. Phase 2A consists of construction of additional parking areas in upland portions of the
most recent additions to the project area; construction of retaining walls and placement of supportive fill to expand the
existing parking facility in the southern portion of the overall project area.
Phase 2B consists of construction of a driveway connection along the eastern project area boundary that would connect
the northern and southern portions of the property. Fill proposed in Phase 2A in the southeastern portion of the project
area (Tributary 1 impacts) will be utilized for a proposed future driveway connection shown in Phase 2B of the overall
project. Impacts are staged this way to facilitate construction and efficiency.
Typical earth -moving equipment will be used for construction, including pan, excavator, etc. Appropriate sediment and
erosion control measures will be installed per the approved erosion control plan.
Stormwater control measures will be implemented as approved by City of Charlotte.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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: A preliminary jurisdictional determination was
issued with a previous nationwide permit verification.
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Wetlands & Waters, Inc.
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2016-00724 Preliminary Jurisdictional Determination dated 3/7/2017; copy enclosed with this application
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.
SAW-2016-00724 application signed and dated 1/19/2017; verification issued 3/7/2017. Copy of verification enclosed with
this application. This verification authorized the loss of 123 linear feet of stream associated with the installation of a
culvert, permanent impacts to 15 linear feet of stream from the construction of outlet protection, and temporary impacts to
10 linear feet of stream associated with construction access and dewatering. Compensatory mitigation was not required
in the verification issued 3/7/2017. Project files should indicate prior meetings related to an individual permit for the overall
project. Previously the applicant considered impacts to the totality of the resources on the site.
6: Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
Phase I of the project has already been completed.
The scope of the proposed project constitutes the second phase of the overall development, and is proposed as a two-
part development project (Phase 2A and 213). Phase 2A development includes construction in uplands on recently
acquired adjacent property, as well as construction of supportive fill and headwalls to accommodate expansion. Phase 2B
development includes construction of a driveway connection along the eastern property boundary.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g•
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non-404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Culvert
Tributary 1
® PER
❑ INT
® Corps
❑ DWQ
4
80
S2 ®P ❑ T
Outlet protection
(riprap)
Tributary 1
® PER
❑ INT
® Corps
❑ DWQ
4
14
S3 ®P ❑ T
Culvert
Tributary 2
❑ PER
® INT
® Corps
❑ DWQ
4
83
S4 ®P ❑ T
Outlet Protection
(riprap)
Tributary 2
❑ PER
® INT
El Corps
❑ DWQ
4
31
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
208
3i. Comments: Stream Impact S1 is proposed for connection of 81 LF 36" RCP at 1.03% to an existing 36" RCP culvert
(continues offsite to east), resulting in a permanent loss of 80 LF of stream bed. S2 is proposed for outlet protection consisting
of Class B riprap apron pressed into channel bed. Stream Impact S3 is proposed for connection of 116 LF of 36" RCP at
4.71 % to an existing 36" RCP culvert, resulting in a permanent loss of 83 LF of stream bed. S4 is proposed for outlet
protection consisting of Class B riprap apron pressed into channel bed.
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

Given that previous impacts authorized by the Nationwide Permit Verification issued on 3/7/2017 total 138 LF of permanent
impact, total proposed permanent impacts for the overall project are 346 LF of intermittent and perennial stream. The
applicant request the district engineer waive the 300 linear foot limitation of loss of stream bed for ephemeral and intermittent
streams, as provided for under the Wilmington District regional conditions for all Nationwide Permits, to allow for 46 LF of
impacts to low -quality intermittent stream on Tributary 2 on the basis the discharge will result in minimal individual and
cumulative adverse impacts to the aquatic environment. An NCSAM stream function and quality assessment is provided with
this letter in support of this waiver request.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number—
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
K Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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 you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 P(1::TJ
El Ye
ElNo
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
A number of alternative designs have been considered for the overall project. The proposed expansion of the existing parking
facility was initially designed to maximize developable area, which would have required the applicant to request an Individual
Permit and would have required a greater amount of impact to the existing water resources within the project area. The
current design minimizes proposed impacts to waters of the US with the use of headwalls and modifying existing onsite
stormwater control measures while still achieving the project's goals.
Additionally, the applicant successfully purchased adjacent acreage totaling approximately 0.749 acres to successfully
redesign the initial facility layout and facilitate minimizing impacts to waters of the US. The current design allows the applicant
to proceed with the proposed project under a Nationwide Permit verification and a waiver request.
Riprap dissipator pads at culvert outlets have been sized to accommodate stormwater influence and to minimize/eliminate
potential erosion concerns.
1 b. 'Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment and. erosion control measures will be installed and utilized for the duration of the project to minimize potential
impacts to downstream waters. No construction equipment or fill material will be stockpiled in jurisdictional areas. Measures
will be taken to prevent pollutants and debris from entering adjacent jurisdictional areas during construction activities.
Construction activities initiated within jurisdictional areas with approved impacts by the Corps will be completed as
expeditiously as possible to minimize the period of disturbance within the jurisdictional streams.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
® Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
® Yes
4b. Stream mitigation requested:
370 linear feet
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.
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 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
67 %
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:
Stormwater Management Plan will be subject to review and approval by City of Charlotte. The applicant will submit proof
of approval of Stormwater Management Plan prior to construction activity.
® 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
❑ 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 9 of 11
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?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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 SEPA final 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
® 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.
The commercial nature of the proposed project is not expected to result in additional development.
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.
Sanitary sewer infrastructure exists onsite; no new facilities requiring additional infrastructure are proposed.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

S. 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?
El Raleigh
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?
NC NHP GIS
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?
EFH GIS
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC SHPO GIS
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c; What source(s) did you use to make the floodplain determination? FEMA FHL GIS
Michael M. Boyle
7-1
Michael Boy��e Digitally 019;ze;8102�04-08 chael BIngsoyle m
�,_
12/18/19
Applicant/Agent's Signature
Applicant/Agent's Printed Name
Date
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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Estimated
amount of
Class of
Site
Latitude
Longitude
Cowardin
aquatic
aquatic
number
Class
resource in
resource
review area
Tributary 1
35.2367
-80.9466
riverine
1200 Lf.
intermittent
Tributary 2
35.2374
-80.9460
riverine
400 H.
intermittent
Approx. 25.721 acres
Project Boundary
Jurisdictional Tributary r010��
'Wetland Sketch provided for illustrative
purposes for preliminary planning use only.
Not intended to be relied upon for exact
location, dimensions, or orientation. All
findings and assessments made by wetland
consultants regarding limits of jurisdiction or
permitting requirements are subject to
verification by the US Army Corps of Engineers,
the NC DWR, and other appropriate local
authorities.
Parcel Additions to
Project Area
Uplands
200 ft
Wn
WETLANDS
—e& WATERS
Figure 1: Approximate Depiction
of Waters and Wetlands
103
Tributary 2
—Tributary 1
rFUJCr L'"`r"c; The Parking Spot
Owner / Developer: Stewart, Inc.
City/County: Charlotte, Mecklenburg
Tax PIN(s): 05536944, 05536926, 05536927
Coordinates: I Scale: Date:
T N
9evised: 1/12/17
Revind 12/1512019
Lat: 35.2380 Long:-80.9458 1graphic

The Parking Spot - Charlotte
Overall Project Area 0
Additional Parcel Delineation Area
Sketch provided for illustrative purposes for preliminary planning use only. Not
to be relied upon for exact location, dimensions, or orientation. All findings and
nts made by wetland consultants regarding limits of jurisdiction or permitting
ants are subject to verification by the US Army Corps of Engineers and other
to state and local authorities.
ulAl'leff ff1,f q f1f1 ti � � •
1' 1I,a .ry f 111
b +.�y,4.,, i
f f,
Aerial Depiction of
Parcel Additions
r _ Legend
ifio-
NCSAM Form
K
Overall Project Area
Approximated based
• .- ' on County GIS
This Parcel area shown
on PJD dated 3/7/2019
See Figure 1:
Approximate Depiction
of Waters and Wetlands
(Rev. 12/15/2019) for
Overall Project Area
I ,
Parcel additions to PJD dated 3/7/2017
Area comprised entirely of uplands
9
a

NC SAM FIELD ASSESSMENT RESULTS
ies user manual version x.i
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): The Parking Spot 2. Date of evaluation: 09/05/19
3. Applicant/owner name: The Parking Spot 4. Assessor name/organization: P. Isner, W&W,
5. County: Mecklenburg 6. Nearest named water body
7. River basin: Catawba on USGS 7.5-minute quad: Ticer Branch
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.23742-80.94595
9. Site number (show on attached map): 10. Length of assessment reach evaluated (feet):
11. Channel depth from bed (in riffle, if present) to top of bank (feet): ❑Unable to assess channel depth.
12. Channel width at top of bank (feet): 13. Is assessment reach a swamp steam? ❑Yes ❑No
14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream
15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic ®A , ❑B
valley shape (
): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: ❑Size 1 (< 0.1 mil) ®Size 2 (0.1 to < 0.5 miz) ❑Size 3 (0.5 to < 5 mil) ❑Size 4 (z 5 miz)
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
❑Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑I [:III ❑III ❑IV ❑V)
❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
❑Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
❑Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ❑No
1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
❑A Water throughout assessment reach.
❑B No flow, water in pools only.
®C No water in assessment reach.
2. Evidence of Flow Restriction — assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not
3. Feature Pattern — assessment reach metric
❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
®B Not
4. Feature Longitudinal Profile — assessment reach metric
❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
®B Not A
5. Signs of Active Instability — assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
❑A < 10% of channel unstable
❑B 10 to 25% of channel unstable
®C > 25% of channel unstable

6. Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
❑A ❑A Little or no evidence of conditions that adversely affect reference interaction
®B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
El ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
7. Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
❑B Excessive sedimentation (burying of stream features or intertidal zone)
❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
❑D Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
❑F Livestock with access to stream or intertidal zone
❑G Excessive algae in stream or intertidal zone
❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
El Other: (explain in "Notes/Sketch" section)
®J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
®C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. ❑Yes [:]No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
❑A
Multiple aquatic macrophytes and aquatic mosses
W
[--IF
5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats)
� E
❑G
Submerged aquatic vegetation
®B
Multiple sticks and/or leaf packs and/or emergent
o
❑H
Low -tide refugia (pools)
vegetation
Y t
❑I
Sand bottom
❑C
Multiple snags and logs (including lap trees)
r M
❑J
5% vertical bank along the marsh
❑D
5% undercut banks and/or root mats and/or roots
2
❑K
Little or no habitat
in banks extend to the normal wetted perimeter
❑E
Little or no habitat
*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11b. Bedform evaluated. Check the appropriate box(es).
®A Riffle -run section (evaluate 11c)
❑B Pool -glide section (evaluate 11d)
❑C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
® ❑ ❑ ❑ ❑ Bedrock/saprolite
® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm)
® ❑ ❑ ❑ ❑ Cobble (64 — 256 mm)
❑ ® ❑ ❑ ❑ Gravel (2 — 64 mm)
❑ ® ❑ ❑ ❑ Sand (.062 — 2 mm)
❑ ❑ ❑ ® ❑ Silt/clay (< 0.062 mm)
❑ ® ❑ ❑ ❑ Detritus
® ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.)
11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)

12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams)
12a. ❑Yes ®No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ®No Water ❑Other:
12b. ❑Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
❑ ❑Adult frogs
❑ ❑Aquatic reptiles
❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
❑ ❑Beetles
❑ ❑Caddisfly larvae (T)
❑ ❑Asian clam (Corbicula)
❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp)
❑ ❑Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ ❑Mayfly larvae (E)
❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ ❑Other fish
❑ ❑Salamanders/tadpoles
❑ ❑Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
❑ ❑Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area
❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area
®C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water z 6 inches deep
❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
❑Y ❑Y Are wetlands present in the streamside area?
®N ®N
16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
❑A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
❑E Stream bed or bank soil reduced (dig through deposited sediment if present)
®F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
®C Urban stream (z 24% impervious surface for watershed)
®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
❑F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider `leaf -on" condition.
❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
®B Degraded (example: scattered trees)
❑C Stream shading is gone or largely absent

conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that
would reduce the adverse effects on the aquatic environment to the minimal level. When
mitigation is required, no work in waters of the United States may occur until the district
engineer has approved a specific mitigation plan or has determined that prior approval of a final
mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.
FURTHER INFORMATION
f . District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
14

of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached by
a rising tide. The line encompasses spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the normal or
predicted reach of the tide due to the piling up of water against a coast by strong winds such as
those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register
of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,
records, and remains that are related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non -linear
project in the Corps regulatory program. A project is considered to have independent utility if it
would be constructed absent the construction of other projects in the project area. Portions of a
multi -phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre -construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
15

flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre -construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction
notification may be voluntarily submitted in cases where pre -construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
16

mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or
neighboring — to a waterbody determined to be a water of the United States under 33 CFR
328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single
aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes,
ponds, and wetlands.

Final Regional Conditions 2012
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT.
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time of publication. However, the Wilmington District Regulatory
Program web page addresses, as with other agency web sites, may change over the timeframe of
the five year Nationwide Permit renewal cycle, in response to policy mandates or technology
advances. While we will make every effort to check on the integrity of our web links and provide
re -direct pages whenever possible, we ask that you report any broken links to us so we can keep
the page information current and usable. We apologize in advanced for any broken links that
you may encounter, and we ask that you navigate from the regulatory home page (wetlands and
stream permits) of the Wilmington District Corps of Engineers, to the "Permits " section of our
web site to find links for pages that cannot be found by clicking directly on the listed web link in
this document.
Final 2012 Regional Conditions for Nationwide Permits (NWP) in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
19

which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other'association of
owners/developers that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies
several times at separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
Single and complete non -linear project: For non -linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non -linear project must have independent utility (see definition of "independent
utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stonnwater mana eg ment: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
17

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within Waters of the U.S. that require a Pre -Construction Notification
pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below,
applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa
Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to Federally Endangered Species and the
following website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provides
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
18 requirements: hqp://www.saw.usace.army.mil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633:
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
20

2.2 Special Designation Waters
Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in
North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN).
The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Inland Primary Nursery Areas"
(IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina
Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by
the North Carolina Marine Fisheries Commission.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA) must also obtain the required CAMA permit. Development activities
for non-federal projects may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407
West 5th Street, Washington, NC 27889).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 31 (PCN).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment
Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31
(PCN). The latest version of NCWAM is located on the NC DWQ web site at:
htto://nortal.ncdenr.or /wg eb/wq/swv/ws/i)du/newam .
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
21

impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.

impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial, intermittent or ephemeral stream, unless the District
Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a
case -by -case basis and he determines that the proposed activity will result in minimal individual
and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear
feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the
loss of ephemeral and intermittent streams must be in writing and documented by
appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet
threshold for NWPs.
*NOTE: Applicants should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
http://www.saw.usace.army.mil/wetlands/permits/nwp/nAT2012 (see "Quick Links")
22

3.2 Mitigation for Loss of Stream Bed
For any NWT that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment.
For stream losses less than 150 linear feet, that require a PCN, the District Commander may
determine, on a case -by -case basis that compensatory mitigation is required to ensure that the
activity results in minimal adverse effect on the aquatic environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete
shall only be returned to waters of the US when it is no longer poses a threat to aquatic
organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that, would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
0*j

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6 Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed culvert
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankf ill flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of
the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed
within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC
as designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) 7.5-minute quadrangle maps.
Circular
Culvert
12 Inches
Rise
Streambed^ (Diameter)
Invert
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
24

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Culverts are to be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried.
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued by the permittee.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
3.9 Sedimentation and Erosion Control Structures and Measures
3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the US. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
25

4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP # 39 - Commercial, and Institutional Developments
4.1.1. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
4.1.2. Recreational facilities, if they are incorporated into and serving an entire commercial or
institutional development, can be authorized by this NWP.
4.1.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway* resulting in permanent above -grade fills are not authorized by this NWP.
*NOTE: Floodway-The area designated and/or regulated by Federal, state, or local requirements
to provide for the discharge of the base flood so the cumulative increase in water surface
elevation is no more than a designated height identified by the regulating entity within the 100-
year floodplain.
4.1.4. Discharges of dredged or fill material into waters of the US, including wetlands, within the
mapped FEMA 100-year floodplain resulting in permanent above -grade fills are not authorized
by this NWP.
4.1.5. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
4.1.6. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is
necessary to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
26

a ••• Roy Cooper, Governor
MEN 0 NC DEPARTMENT OF
on • Susi Hamilton. Secretary
_•�:1 NATURAL AND CULTURAL RESOURCES
Walter Clark, Director, Land and Water Stewardship
NCNHDE-10265
September 18, 2019
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: TPS CLT PH II
Dear Meagan Jolly
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos //www.fws.aov/offices/Directory/ListOffices.cfm'?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The INC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butlerna ncdcr.aov or 919-707-8603.
Sincerely,
INC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
QQ 121 w. JONES STREET, RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEICH. NC 27699
tg OFC 919. 707.9120 • FAx [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
TIPS CLT PH II
September 18, 2019
NCNHDE-10265
racy Federal
Status
ery
Low
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Robert L. Smith Park Mecklenburg County Local Government
West Mecklenburg Park Mecklenburg County Local Government
State Global State
Status Rank Rank
Endangered G3 S2
Definitions and an explanation of status designations and codes can be found at httos//ncnhde.natu[eaerve.org/content/help. Data query generated on September 18. 2019; source: NCNHP, Q3 Jul 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

paM
WG
September 1B, 2019
[:] Project Boundary
E] Buffered Project Boundary
[:J Managed Area (MAREA)
NCNHDE-10265: TPS CLT PH 11
Page 3 of 3
1:23,56U
0 02 04 06 MI
0 0,325 065 13 km
Faxc.s Ean, HERE G ,n n lrMe . 1mrmsY P fwp. Ge3CO, URGS,
FAD. N3, NRG . LecSm. IGN. NV (NL. 01dww'e Sw , F J ,
WTL FBI Ch.n (I V. t.. vq M GIS
U.Cmm�tlN

III Roy Cooper, Governor
■ol 0 NC DEPARTMENT OF Susi Hamilton, Secretary
116�� NATURAL AND CULTURAL RESOURCES
Walter Clark, Director, Land and Water Stewardship
N CN H DE-10937
December 13, 2019
Meagan Jolly
Wetlands & Waters, Inc.
328 East Broad Street
Statesville, NC 28677
RE: TPS CLT Additional Parcels
Dear Meagan Jolly:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence: the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos //www fws aov/offices/Directory/ istOffi s fm?stat od = 7.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney butler(o)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 w. JONES STREET. RALEIGH. NC 27603 • 1F,51 MAIL. SERVICE CENTER. RALEIGH. NC 276TT
B OFC 919.:'07.9120 • FAx 919.70?,9121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
TPS CLT Additional Parcels
December 13, 2019
NCNHDE-10937
Fndangered G3 S2
Low
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
West Mecklenburg Park Mecklenburg County Local Government
Definitions and an explanation of status designations and codes can be found at htt s //ncnhde natureserve ora/content/help. Data query generated on December 13. 2019; source: NCNHP, 04 Oct 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-10937: TPS CILTAdditional Parcels
F r
7
E
N
December 13, 2019
[:) Project Boundary
Ej Buffered Project Boundary
r-
L_] Managed Area (MAREA)
Page 3 of 3
1:20,760
0 0175 035 0.7 IT]
0 0275 055 11 w
Sounwis Eiin, HERE Go"n ninnh�, incinwharn P GERCO.
Rio, NEB. N.CM. G-�. IGN, MO , NIL, Ord.. Sung, F -
WTI UN Chin. (b M"), Ic) C,,h,9:hmAA4a0 conl,bob , w ft GIS

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 09/18/2019
Identity Owm
Parcel ID I GIS ID Owner Name
05536944 105536944 TPS CHARLOTTE LLC
Property Characteristics
Legaldesc
M62-288
Land Area
24.972 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NON -NC CORP
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer 1yes
FEMA and Community Floodplain
FEMA Panel#
3710451400J
FEMA Panel Date
03/02/2009
FEMA Flood Zone
OUT:VIEW FEMA FLOODPLAIN TO
VERIFY
Community Flood
Zone
OUTMIEW COMMUNITY FLOODPLAIN
TO VERIFY
Sltus Addresses Tied to Parcel
04/12/2014 iura County
Mailing Address
303 W MADISON ST STE 1500
CHICAGO IL 60606
C/O GREEN COURTE
PARTNERS LLC
303 W MADISON ST STE 1500
CHICAGO IL 60606
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
31729-458
04/19/2017
31729-454
04/19/2017
$6,110,000.00
25866-335
08/31/2010
$1,250,000.00
19806-105
12/27/2005
$0.00
07792-451
05/27/1994
$745,000.00
Site Location
ETJ Area Charlotte
Charlotte Historic District No
Charlotte 6/30/2011 Annexation Area No
Census Tract # 159.06
Post Construction District
Jurisdiction Charlotte
District I Western Catawba
Stream Watershed Districts
Stream Watershed Name I PAW
Regulated Drinking Watershed Districts
Watershed Name LOWER LAKE WYLIE
Watershed Class PA
Built -Upon Area Restriction
Limit on amount of Built -Upon Area Yes
Allowed Built -Upon Area 10.00 sq tt
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.

NON -WARRANTY DEED
Excise Tax: $0.00
FOR REGISTRATION
REGISTER Smith
Mecklenburg County NC
2017 APR 19 01:09:60 PM
OK:31729 PG:458-451
INSTRUMENTSN62027050366
TAYLORD
,�1l1�1�l1P
Tax Parcel ID No.05536944 Verified by County
on the _ day of 20_ By:
Prepared by and return to: Bobby D. Hinson, Esq., Kirk Palmer & Thigpen, P.A.. 1300 Baxter St., Suite 300, Charlotte,
NC 28204
Brief description for the Index: Approx. 15.812 acres. 4511 Keeter Drive, together with Property "reserved for street"
THIS DEED, made this the 18'^ day of April, 2017, by and between First American Title Insurance Co.
GRANTOR: DTJT Properties, LLC, a North Carolina limited liability company 201 S .College Street, Suite 1440
whose mailing address is 1127 Tar Heel Road, Charlotte, NC 28208 Charlotte, NC 28244
(herein referred to as Grantor) and 1-7W8
GRANTEE: TPS Charlotte, LLC, a Delaware limited liability company
whose mailing address Go Green Courte Partners, LLC, 303 West Madison Street, Suite 1500, Chicago,
IL 60606 (herein referred to as Grantee).
WITNESSETH:
For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor
hereby gives, grants, quitclaims and conveys unto Grantee in fee simple the following described property located in the City
of Charlotte, County of Mecklenburg, State of North Carolina, more particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
None of the property herein conveyed includes the primary residence of a Grantor.
TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, in fee simple.
Grantor makes no warranty, express or implied, as to title to the property hereinabove described.
All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and
assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context.
00115309.3EAST1141812582.2
4

B31729 - P459
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
GRANTOR:
DTJT Properties, LLC,
a North Carolina limited liability company
v Tim A. F e, r.
Manage
State of nm t-72 4 c-o4o0-o1-..-rA (Official/Notarial Seal)
County of U6Cati-,-6-ml-r
certify that the following person personally appeared before me this day `�•�` 1SA k
each acknowledging to me that he or she signe the foregoing docum t: �• .0 Tim A. Frye. Sr. ;gyp: NOT,9 0 -
Date: / ,L _ '• G ` n
� : z;
soNotary Public
Nota s Printed or Typed Name ,Gs ., C!C •.O•;;
My Commission Expires: ...........
OUNi`I +
1812582.2 2

EXHIBIT "A"
Legal Description
PARCEL 1:
BEING ALL OF A 15.812 ACRE PARCEL OF LAND SITUATED IN THE CITY OF CHARLOTTE, BERRYHILL TOWNSHIP,
MECKLENBURG COUNTY, NC, SAID PARCEL BEING ALL OF THAT PROPERTY AS DESCRIBED IN DEED BOOK 25866
PAGE 335 MECKLENBURG COUNTY REGISTER OF DEEDS AND MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT AN EXISTING IRON ROD ON THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 85, SAID IRON BEING
THE NORTHEAST CORNER OF THE KEETER ASSOCIATES LIMITED TRACT AS RECORDED IN DEED BOOK 08409 PAGE
765 MECKLENBURG COUNTY REGISTER OF DEEDS.
THENCE, WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID INTERSTATE 85, THE FOLLOWING TWO COURSES:
1. WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 5,838.58 FEET AN ARC LENGTH OF
208.03 FEET, AND A CHORD WHICH BEARS S 83°59'52" E, 208.02 FEET TO A COMPUTED POINT.
2. S 85001'07" E, 128.06 FEET TO AN EXISTING IRON ROD, THE NORTHWESTERLY CORNER OF THE ROLLING LEASE
CORPORATION TRACT AS DESCRIBED IN DEED
BOOK 4458 PAGE 593, MECKLENBURG COUNTY REGISTER OF DEEDS.
THENCE, WITH THE WESTERLY LINE OF SAID ROLLING LEASE CORPORATION TRACT, AND THE WESTERLY LINE OF
THE THOMAS CONCRETE OF CAROLINA TRACT AS RECORDED IN DEED BOOK 24074 PAGE 188 MECKLENBURG
COUNTY REGISTER OF DEEDS, S 03°27'39" W, 964.05 FEET TO A NEW IRON PIN ON THE NORTHERLY LINE OF DUKE
ENERGY TRACT AS RECORDED INDEED BOOK 3146 PAGE 77 MECKLENBURG COUNTY REGISTER OF DEEDS.
THENCE, WITH THE NORTHERLY LINE OF SAID DUKE ENERGY TRACT, N 74°14'32" W, 105.62 FEET TO A COMPUTED
POINT.
THENCE, CONTINUING WITH THE NORTHERLY LINE OF SAID DUKE ENERGY TRACT, AND THE NORTHERLY LINES OF
THE SARA MATTOX ALLISON TRACTS AS RECORDED IN DEED BOOK 27411 PAGE 434, MECKLENBURG COUNTY
REGISTER OF DEEDS S 53051'25" W, 340.36 FEET TO A NEW IRON PIN, THE NORTHWESTERLY CORNER OF THE
LENWOOD E. HAM TRACT AS RECORDED IN DEED BOOK 4913 PAGE 634, MECKLENBURG COUNTY REGISTER OF
DEEDS.
THENCE, WITH THE NORTHERLY LINE OF SAID HAM PROPERTY, THE FOLLOWING TWO COURSES:
1. S 53051'25" W, 215.60 FEET TO A NEW IRON PIN.
2. S 74042'42" W, 244.69 FEET TO A NEW IRON PIN, THE NORTHEASTERLY CORNER OF THE SARA MATTOX ALLISON
TRACT AS DESCRIBED IN DEED BOOK 27411 PAGE 434, MECKLENBURG COUNTY REGISTER OF DEEDS.
THENCE, WITH THE NORTHERLY LINE OF SAID ALLISON TRACT, S 74042'42" W, 85.55 FEET TO AN EXISTING IRON
PIN; ON THE EASTERLY LINE OF THE CITY OF CHARLOTTE TRACT AS RECORDED IN DEED BOOK 7352 PAGE 31,
MECKLENBURG COUNTY REGISTER OF DEEDS.
THENCE, WITH THE EASTERLY LINE OF SAID CITY OF CHARLOTTE TRACT, N 09°13'33" E, 868.47 FEET TO AN
EXISTING IRON ROD, THE SOUTHWESTERLY CORNER OF SAID KEETER ASSOCIATES LIMITED PARTNERSHIP TRACT.
THENCE, WITH THE SOUTHERLY AND EASTERLY BOUNDARIES OF SAID KEETER LIMITED PARTNERSHIP TRACT THE
FOLLOWING FOUR COURSES:
1. S 80044'08" E, 386.74 FEET TO A NEW IRON ROD.
2. N 08029'03" E, 474.58 FEET TO AN EXISTING IRON ROD.
3. N 80016'03" W, 11.69 FEET TO AN EXISTING IRON ROD.
4. N 06040'51" E, 115.92 FEET TO THE POINT OF BEGINNING, AND CONTAINING WITHIN THESE METES AND
BOUNDS 688/761 SQUARE FEET OR 15.812 ACRES OF LAND, MORE OR LESS AS SHOWN ON THAT "ALTA/NSPS LAND
TITLE SURVEY OF DTJT PROPERTIES, INC.", BY STEWART ENGINEERING DATED MARCH 18, 2016, TO WHICH
REFERENCE IS HEREBY MADE.
00115309.3 EAST\ 141812582.2 •3

PARCEL 2:
ANY AND ALL INTEREST IN AND TO THE AREA DESCRIBED AS "RESERVED FOR STREET" AS DEPICTED ON THE PLAT
RECORDED IN MAP BOOK 4 AT PAGE 577 OF THE MECKLENBURG COUNTY PUBLIC REGISTRY, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL INTEREST IN THAT PROPERTY DESCRIBED IN THAT DEED RECORDED IN BOOK 30330 AT
PAGES 319 - 324 OF THE MECKLENBURG COUNTY PUBLIC REGISTRY.
001 15309.3EAST1141812582.2 4

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
Date Printed: 12/13/2019
Identity
Parcel ID GIS ID
05536926 105536§26
Property Characteristics
Legal desc
P18 &19 132 M4-577
Land Area
0.429 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NON -NC CORP
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
Water Quality Buffer
Parcel Inside Water Quality Buffer I No
FEMA and Community Floodplain
FEMA Panel#
3710451400J
FEMA Panel Date
03/02/2009
FEMA Flood Zone
OUT:VIEW FEMA FLOODPLAIN TO
VERIFY
Community Flood
Zone
OUT:VIEW COMMUNITY FLOODPLAIN
TO VERIFY
Ownership
Owner Name
Mailing Address
TPS CHARLOTTE
OUTPARCELS LLC
303 W MADISON ST STE 1500
CHICAGO IL 60606
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
33025-951
10/05/2018
$77,000.00
33025-929
10/05/2018
30560-848
01 /27/2016
23038-693
11/09/2007
$0.00
22692-618
08/17/2007
22692-613
08/17/2007
11825-233
12/29/2000
$55,000.00
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
59.06
Post Construction District.
Jurisdiction Charlotte
District I Western Catawba
Stream Watershed Districts
Situs Addresses Tied to Parcel Stream Watershed Name PAW
WILKINSON BV CHARLOTTE
Regulated Drinking Watershed Districts
Watershed Name
LOWER LAKE WYLIE
Watershed Class
PA
Built -Upon Area Restriction
Limit on amount of Built -Upon Area I Yes
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein. _

vvvvry - , vv �
EXCISE TAX: $154.00
COUNTY: MECKLENBURG
TAX PARCEL: 055-369-26
For Registration Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2018 Oct 05 09:08 AM RE Excise Tax: $ 154.00
Book: 33025 Page: 951 Fee: $ 26.00
Instrument Number: 2018126197
TIP/PARCEL NUMBER:
Mail after recording to JENNIFER ELDRIDGE — DLA PIPER
444 WEST LAKE STREET, SUITE 900, CHICAGO, ILLINOIS 60606
This instrument was prepared by JENNIFER ELDRIDGE — DLA PIPER
The hereinafter described property ❑ Does X Does not include the primary residence of the Grantor
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this day of SEPTEMBER 20 18 by and between
• GRANTOR
Sharyn H. Eberhart, Trustee of the Sharyn H.
Eberhart Living Trust dated October 18, 2015,
as to an undivided 35% interest,
5417 Old Town Lane, Gastonia, NC 28056
Jerry J. Hunter joined by wife,
Willie L Hunter, '
as to an undivided 35% interest,
2222 Sam Wilson Road, Charlotte, NC 28214
Maranda H. Wagoner, joined by husband,
Bruce A. Wagoner,
as to an undivided 15% interest,
6093 Old Brick Store Road, Greensboro, NC 27455
Matthew H. Hunter joined by wife, Jennifer R
,Hunter, as to an undivided 15% interest,
701 Oakland Street, Kings Mountain, NC 28086
TPS Charlotte Outparcels, LLC,
a Delaware limited liability company
303 W. Madison Street, Suite 1500
Chicago, Illinois 60606
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g.
corporation or partnership.
EASTIi 59526324.1
submitted electronically by "First American Title Insurance company - NCs"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.
NCS 898922

VVVVI�V - I wwi
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration in the amount of $ 77,000.00 paid by
the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell
and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of
Charlotte, Berryhill Township, Mecklenburg County, North Carolina and more particularly described as follows:
Being parts of tots 18 and 19 in Block 2 of the WILLIAM HEARN ESTATE PROPERTY as same is shown in
Map Book 4 at page 577 in the Mecklenburg County Registry and being more particularly described as
follows:
BEGINNING at a point in the center of Wilkinson Boulevard and which point is the dividing line between Lot
13 of Block 4 of Moore's Park as shown in Map Book 5 page 337 and Lot 19 of Block 2 of the WILLIAM
HEARN ESTATE PROPERTY as same is shown in Map Book 4 at page 577, and running thence with the
easterly conterminous line of said Lot 13 Block4 Map Book 5 page 337 (see deed to David Scott Allison et
uxor in Book 4607 page 275 & tax parcel 055-369-25), N 06-34-50 E (passing an old iron in the northern
margin of the road right of way at 50.31 feet), a total of 201.19 feet to an existing iron; thence following the
southerly conterminous line of property owned now or formerly by David Scott Allison et uxor (see deed in
Book 4673 page 55 & tax parcel 055-369-24), S 8947-16 E 116.21 feet to existing iron; thence following the
westerly conterminous line of property owned now or formerly by Southern Bell Telephone & Telegraph
Company (see deed in Book 2136 page 178 & tax parcel 055-369-27), S 00-12-11 W (passing a concrete
monument set in the northern margin of the road right of way at 150.03 feet), a total of 200.03 feet to the
centerline of said Wilkinson Boulevard; thence following the approximate centerline of Wilkinson Boulevard,
N 8945-17 W 138.56 feet to the point and place of BEGINNING, containing 0.585 Acres more or less (of
which 0.429 Acres lies outside the said road right of way), all as shown on map of survey of Radford Dennis
Smith, NCPLS, dated December 11, 2000.
Said property having been previously conveyed to Grantor by instrument(s) recorded in Book 11825
page 223, Book 22692 page 613 (Tract 3) as corrected in Book 23038 page 593 (Tract 3) & Book 30560
page 848 (Tract 3), and being reflected on plat(s) recorded in Map/Plat Book 4, page/slide 577.
Reference is made to Certification of Trust which is attached as Exhibit A and incorporated herein by reference.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right
to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that
Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions:
None
IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and seals (or if corporate; has caused
this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto
affixed by authority of its Board of Directors) the day and year first above written.
[signature pages follow]
EAST1159526324.1

VWwwL V - I VVV
Exhibit A
Prepared by R. Steven Smith, Attorney Mail to RID Box 147
STATE OF NORTH CAROLINA )
} CERTIFICATION OF TRUST
COUNTY OF MECKLENBURG )
In accordance with NCGS $ 36C-10-1013, I, Sharyn H. Eberhart as Trustee of the Sharyn H.
Eberhart Living Trust dated October 18, 2015, hereby declare and certify to the following:
1) A. The name of the trust is: Sharyn H. Eberhart Living Trust;
B. The Trust Agreement is dated October 18, 2015 which has not been modified by
amendment.
2) The name of the Settlor was Sharyn H. Eberhart;
3) The current acting trustee remains Sharyn H. Eberhart who reside at
5417 Old Town Lane, Gastonia, NC 28056. She further states that her power to act as
Trustee have not been revoked, nor has she been replaced as Trustee of the Trust.
4) The Trustee powers include, but not limited to, the ability to buy, sell, lease, encumber,
mortgage, manage, alter, improve and to enter into contracts as to real property no
matter where situated and under such terms as the Trustees in their sole discretion
and determination see fit without the joinder and or approval of the Settlors/Trustors or
beneficiaries. In addition the Trustees have the powers set forth in the North Carolina
General Statutes.
5) The Trust is Revocable during the lifetime of Sharyn H. Eberhart;
6) There is currently NO Co -Trustee of the Trust.
7) .The Trust's tax payer ID is on a W-9 which will be given to any third party that is
required by law to have such information, but for reasons of privacy and security will
not be published on this Certification which is subject to being recorded; -
8) At the time of the signing of this instrument the Trustee have entered into a contract to
sell Trust property located off Wilkinson Blvd, Charlotte, NC, having current
Mecklenburg County Tax,Parcel: 055-369-26. Said property was acquired by the trust
by Quit Claim deed executed by Sharyn H. Eberhart and husband, Joel W Eberhart as
Grantors dated December 11, 2015 and filed January 27, 2016 in Book 30560 page
848 in the Mecklenburg County Registry.
9) No person or entity delivering property or lending or paying money to the. Trustees
shall be required to see to its application. This Certification is signed, at least in part, to
induce third parties, including potential buyers of real property and their agents
including but not limited to: -lenders, attorneys and title insurance agencies -and title
underwriters, to rely on its contents and as to any warranties of title in deeds executed'
by the Trustees of said Trust. All persons and entities may rely upon this Certification
and shall be held harmless for any loss or liability resulting from such reliance. A copy
of this Certification shall be just as valid as the original.
10) The Trustee states that there are no limitations as to her right to convey real property
of the Trust to third parties in arm's length transactions.
EAS71159526324.1

vvvvry - 1 VwT
The below signed hereby Certifies to the above matters, this day of
September 2018.
J� (SEAL)
Sharyn H. Eberhart Trustee
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, a Notary Public, do hereby certify that Sharyn H. Eberhart, as Trustee of the Sharyn H.
Eberhart Living Trust dated October 18, 2015, personally appeared before me this day and
acknowledged the execution of the foregoing instrument
Witness my hand and official stamp or seal, this 'Z� ay of September 2018.
Notary Public fifrNoakffairolina
My Commission Expires: October 18, 2022
`jttitllffl//J
O1 A n 7�i�,i
My Comm. Expires
PUB 0CJ
.,� "
BURG Go
I1fw%%
EAST1159526324.1

✓VV Vi.V - A VVV
In witness, whereof, the Grantor has set his hand and seal, the day and year first above
written.
SHARYN H. EBERHART LIVING
TRUST DATED OCTOBER 18, 2015
By: Lcc`, �-
Sharyn . Eberhart, Trustee
State of North Carolina
County of Mecklenburg County
I, Robert Steven Smith, a Notary Public for Mecklenburg County,
North Carolina, do hereby certify that Sharyn H. Eberhart, Trustee of the Sharyn H.
Eberhart Living Trust dated October 18, 2015, personally appeared before me this day
and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this � day of September, 2018.
Printed ame: oberf even Smith
Notary Public ��•�tSjEVF',,,
My commission expires: October 18, 2022
'ems NOTARY 'i
My Comm. Expires
., M@URG COJ �
''1111 i 11000 ,

In witness whereof, the Grantor -has -set his hand and seal, the day and year first above written.
MATTHEW H. AUNTER J NIFER R HUNTER
State of North Carolina
County of Mecklenburg County
I, Robert Steven Smith, a Notary Public for Mecklenburg County,
North Carolina, do hereby certify that Matthew H. Hunter joined by wife, Jennifer R. Hunter,
personally appeared before
me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this day of September, 2018.
Pri ted Name: 116bert Stev ���`�•c�AeVEI�sOil
Notary Public
My commission expires: October 18, 2022
EASIR 159526324.1
0-TARy
;o '1�\
Ices
MNI COMM.47-Z
�NBLIRGG0%.�`�

VVVWI w - A VV!
In witness whereof, the Grantor has set his hand and seal, the day and year first above
written.
WILLIE L. HUNTER
State of North Carolina
County of Mecklenburg County
1, Robert Steven Smith, a Notary Public for Mecklenburg County,
North Carolina, do hereby certify that Jerry J. Hunter joined by wife, Willie L Hunter,
personally appeared before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and official seal this 26 day of September, 2018.
Printed ame: FVbbert)3fev4K Smith
Notary Public.
. -My commission expires: October 18, 2022
EAST1159526324. l
��`SISVEN
EX4S�et)
��NBURGC'0

In witness whereof, the Grantor has set his hand and seal, the day and year first above written.
�(1
MARANDA H. WAGONO BRUCE A. WAGON
State of North Carolina
County of Guilford County
i, , a Notary Public for
County,
North Carolina, do hereby certify that Maranda H. Wagoner joined by husband, Bruce A.
Wagoner, personaNy appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and offi 'al seal this QJL day of September,_ 2618.
i.a
ty
4 w. y �rw
Printed Na : ,�� -�- ��o1i4`�r
Notary Public
My commission expires: • J� D a
EASIN159526324. [
V
�cEc

MECKLENBURG COUNTY, North Carolina
POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY
FEMA Panel#
3710451400J
Situs Addresses Tied to Parcel
WILKINSON BV CHARLOTTE
Date Printed
Identity
Parcel ID GIS ID
05536927 105536927
Property Characteristics
Legal desc
L17 132 M4-577
Land Area
0.32 AC
Fire District
CITY OF CHARLOTTE
Special District
Account Type
NON -NC CORP
Municipality
CHARLOTTE
Property Use
INDUSTRIAL
Zoning
Contact appropriate Planning Department or see Map.
12/13/2019
Ownership
Owner Name
Mailing Address
TPS CHARLOTTE
OUTPARCELS LLC
303 WEST MADISON ST STE
1500
CHICAGO IL 60606
Deed Reference(s) and Sale Price
Deed
Sale Date
Sale Price
33318-74
02/28/2019
33318-69
02/28/2019
$51,000.00
02136-178
01/01/1975
$0.00
Water Quality Buffer
Parcel Inside Water Quality Buffer No
Post Construction District
Jurisdiction Charlotte
District Western Catawba
Site Location
ETJ Area
Charlotte
Charlotte Historic District
No
Charlotte 6/30/2011 Annexation Area
No
Census Tract #
59.06
Stream Watershed Districts
Stream Watershed Name PAW
Regulated Drinking Watershed Districts
Watershed Name
LOWER LAKE WYLIE
Watershed Class
PA
Built -Upon Area Restriction
Limit on amount of Built -Upon Area I Yes
This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps,
surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary
information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the
information contained herein.

Fof Registration Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2019 Feb 28 02:50 PM RE Excise Tax: $ 0.00
Book: 33318 Page: 74 Fee: $ 26.00
Instrument Number: 2019022687
-J.""I"l-, $,�
NORTH CAROLINA NON -WARRANTY DEED
Excise Tax: i o • O 0
Tax Parcel ID No. 055-369-27 Verified by Mecklenburg County
on the day of FEBRUARY, 2019 By:
MaiVBox to: BRIAN COHEN — DLA PIPER, 444 W. LAKE STREET, STE 900, CHICAGO. ILLINOIS 60606
This instrument was prepared by: BRIAN COHEN — DLA PIPER
Brief description for the Index: 0.377 ACRES NEAR 6150 WILKINSON BOULEVARD, CHARLOTTE, NC
THIS DEED, made this the 27fV--day of FEBRUARY, 2019, by and between
GRANTOR:
BellSouth Telecommunications, LLC
by merger with BellSouth Telecommunications, Inc. filed with the NC Secretary of State on 7/28/2011 (by merger with
Southern Bell Telephone and Telegraph Company filed with the NC Secretary of State on 1 /1611992)
333 Commerce Street, Room 102
Nashville, Tennessee 37201
GRANTEE:
TPS Charlotte Outparcels, LLC,
a Delaware limited liability company
303 W. Madison Street, Suite 1500
Chicago, Illinois 60606
WITNESSETH:
For valuable consideration from Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor
hereby gives, grants, quitclaims and conveys unto Grantee in fee simple the following described property located in the City
of Charlotte, County of Mecklenburg, State of North Carolina, more particularly described as follows:
BEGINNING AT A COMPUTED POINT ON THE CENTERLINE OF WILKINSON BLVD. (100- PUBLIC RIGHT OF WAY).
THENCE FROM SAID POINT OF BEGINNING N20'52' 05 "E A DISTANCE OF 50.00' TO A IRON SET ON THE
NORTHERLY MARGIN OF WILKINSON BLVD., SAID IRON BEING S87° 09' 20"E A DISTANCE OF 133.17- FROM AN
IRON SET ON THE SOUTHERLY CORNER OF THE PROPERTY OWNED BY TPS CHARLOTTE, LLC AS RECORDED
IN DS 31729 PG 97 IN THE MECKLENBURG COUNTY REGISTER OF DEEDS, SAID IRON SET ALSO BEING ON THE
NORTHERLY MARGIN OF WILKINSON BLVD. (A 100- PUBLIC RIGHT -OF WAY)THENCE FROM SAID IRON SETTHE
FOLLOWING (4) FOUR CALLS:
submitted electronically by "First American Title Insurance Company - NCS"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.
EAS1\164984395.1

YVVV ,V - , /V
(1).N2' V 05"E AND A DISTANCE OF 150.36' TO AN IRON SET;
(2) S2' 49' 30" E AND A DISTANCE OF 100.00' TO AN IRON SET;
(3) S87' 03' 25"E AND A DISTANCE OF 50.00' TO A SWEET GUM;
(4) S2' 52' 05"W AND A DISTANCE OF 250.28' ON SAID NORTHERLY MARGIN OF WILKINSON BLVD.
THENCE FROM SAID IRON SET THE FOLLOWING (2) TWO CALLS:
(1) S2' 52' 05"W AND A DISTANCE OF 50.00' TO A COMPUTED POINT ON THE CENTERLINE OF WILKINSON BLVD;
(2) N87' 09' 20"W AND A DISTANCE OF 49.92' TO THE POINT AND PLACE OF BEGINNING,
CONTAINING 0.377 ACRES MORE OR LESS (LESS 0.057 ACRES LYING WITHIN WILKINSON BLVD.)
Said property having been previously conveyed to Grantor by instrument(s) recorded in Book 2136, Page 178, and being
reflected on plat(s) recorded in Map/Plat Book 4, pagelslide 577.
All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor.
TO HAVE AND TO HOLD unto Grantee, together with all privileges and appurtenances thereunto belonging, .in fee simple.
Grantor makes no warranty, express or implied, as to title to the property hereinabove described.
All references to Grantor and Grantee as used herein shall include the parties as well as their heirs, successors and
assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context.
[signature page follows]
EAS11164984395.1

__vW .v - . r v
GRANTOR:
BELLSOUTH TELECOMMUNICATIONS,
LLC
By:
Name: V,,w�
Title: c i-A S
STATE OF TENNESSEE }
) SS.
COUNTY OF DAVIDSON )
�)M/Yh, A417 , a Notary Public, in and for.said County, in the -State aforesaid, DO HEREBY CERTIFY
THAT J i as /d of BellSouth Telecommunications, LLC, personally
known to me to be the same erson whosegame' is subscribed to the foregoing instrument, appeared before me this day in
person and acknowledged that he/she signed and delivered said instrument as his/her own free and voluntary act and as
the free and voluntary act of said limited liability company, for uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal, thisg/day of February, 2019.
No Public `.��P
My commission expires: f 'tENNESSEE •;
I. N07ARY s
PUBLIC ?
�i����qi�•••...•'•• JF��Oti
°°94fl, llsllrON��QE�9�
EAS'R164984395.1

19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB
RB
❑A ❑A ❑A
❑A >_ 100 feet wide or extends to the edge of the watershed
❑B ❑B ❑B
❑B From 50 to < 100 feet wide
®C ®C ❑C
❑C From 30 to < 50 feet wide
❑D ❑D ®D
®D From 10 to < 30 feet wide
❑E ❑E ❑E
❑E < 10 feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
❑A ❑A
Mature forest
®B ®B
Non -mature woody vegetation or modified vegetation structure
❑C ❑C
Herbaceous vegetation with or without a strip of trees < 10 feet wide
❑D ❑D
Maintained shrubs
❑E ❑E
Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and•skip_fo Met 2r cici
Abuts
< 30 feet
30-50 feet
LB
RB
LB
RB
LB
RB
❑A
❑A
❑A
❑A
❑A
❑A
Row crops
❑B
❑B
❑B
❑B
❑B
❑B
Maintained turf
❑C
❑C
❑C
❑C
❑C
❑C
Pasture (no livestock)/commercial horticulture
❑D
❑D
❑D
❑D
❑D
❑D
Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
®A ®A Medium to high stem density
❑B ❑B Low stem density
❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
®A ®A The total length of buffer breaks is < 25 percent.
❑B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity — assessment reach metric (skip for all Coastal Plain streams)
25a. ❑Yes ®No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E z 230
Notes/Sketch:

Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name The Parking Spot Date of Assessment 09/05/19
Stream Category Pat Assessor Name/Organization P. Isner, W&W, Inc.
Notes of Field Assessment Form (Y/N) NO
Presence of regulatory considerations (Y/N) NO
Additional stream information/supplementary measurements included (Y/N)
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent
USACE/
NCDWR
Function Class Rating Summary
All Streams
Intermittent
(1) Hydrology
LOW
LOW
(2) Baseflow
LOW
LOW
(2) Flood Flow
LOW
LOW
(3) Streamside Area Attenuation
MEDIUM
MEDIUM
(4) Floodplain Access
MEDIUM
MEDIUM
(4) Wooded Riparian Buffer
MEDIUM
MEDIUM
(4) Microtopography
LOW
LOW
(3) Stream Stability
LOW
LOW
(4) Channel Stability
LOW
LOW
(4) Sediment Transport
LOW
LOW
(4) Stream Geomorphology
HIGH
HIGH
(2) Stream/Intertidal Zone Interaction
NA
NA
(2) Longitudinal Tidal Flow
NA
NA
(2) Tidal Marsh Stream Stability
NA
NA
(3) Tidal Marsh Channel Stability
NA
NA
(3) Tidal Marsh Stream Geomorphology
NA
NA
(1) Water Quality
MEDIUM
MEDIUM
(2) Baseflow
LOW
LOW
(2) Streamside Area Vegetation
HIGH
HIGH
(3) Upland Pollutant Filtration
HIGH
HIGH
(3) Thermoregulation
MEDIUM
MEDIUM
(2) Indicators of Stressors
NO
NO
(2) Aquatic Life Tolerance
OMITTED
NA
(2) Intertidal Zone Filtration
NA
NA
(1) Habitat
LOW
LOW
(2) In -stream Habitat
LOW
LOW
(3) Baseflow
LOW
LOW
(3) Substrate
LOW
LOW
(3) Stream Stability
LOW
LOW
(3) In -stream Habitat
LOW
HIGH
(2) Stream -side Habitat
MEDIUM
MEDIUM
(3) Stream -side Habitat
MEDIUM
MEDIUM
(3) Thermoregulation
MEDIUM
MEDIUM
(2) Tidal Marsh In -stream Habitat
NA
NA
(3) Flow Restriction
NA
NA
(3) Tidal Marsh Stream Stability
NA
NA
(4) Tidal Marsh Channel Stability
NA
NA
(4) Tidal Marsh Stream Geomorphology
NA
NA
(3) Tidal Marsh In -stream Habitat
NA
NA
(2) Intertidal Zone
NA
NA
Overall
LOW
LOW

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
Mike Boyle
The Parking Spot
200 West Monroe Street, Suite 1500
Chicago, IL 60606
NORTH CAROLINA
Environmental Quality
September 20, 2019
Expiration of Acceptance: 3/20/2020
Project: The Parking Spot - Charlotte County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050101
Warm Stream
370
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
James. B Stanfill
Asset Management Supervisor
cc: Meagan Jolly, agent
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W.Jones Street 1 1652 Mall Servke Center I Raleigh, North Carolina 27699-1652
919.707.8976

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00724 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte West
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: The Parking Snot
Mike Boyle
Address: 200 West Monroe Street, Suite 1500
Chicago, Illinois 60606
Telephone Number: 312-453-1622
E-mail: mboyleAtheparkingspot.com
Size (acres) 24.97 Nearest Town Charlotte
Nearest Waterway Ticer Branch River Basin Upper Catawba
USGS HUC 03050101 Coordinates Latitude: 35.2380
Longitude:-80.9458
Location description: The proiect area is located on the northeast corner of the intersection of Wilkinson Boulevard and Barry
Drive. PINs: 0556923, 0556924, 0556925, 0556929, 0556930, 0556940, and 0556944.
Description of projects area and activity: This verification authorizes the placement of fill material in 148 linear feet of stream to
facilitate the construction of a roadway which would access a commercial airport parking lot. The proiect would result in the
loss of 123 linear feet of stream associated with the installation of a culvert, permanent impacts to 15 linear feet of stream from
the constructed of outlet protection and temporary impacts to 10 linear feet of stream associated with construction access and
dewatering. NOTE: If future phases of the proposed proiect result in losses of waters of the United States that exceed
Wilmington District thresholds for compensatory mitigation. compensatory mitigation may be required for impacts
authorized by this verification as well as the future impacts.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 39. Commercial and Institutional Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 1/19/2017, and the enclosed plans Sheet 1 of 1 and Sheet C5.00 dated 1/16/2017.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, 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 Resources (telephone [phone]) to determine Section 401 requirements.
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 David L. Shaeffer at 704-510-1437 or david.l.shaeffer(a,usace.army.mil.
D gi[altysigned by SHAEFFERDAVID.LEIGH.1360750573
J DN rUS,o=U.S. Govemmen4 ou=DOD, ou=FKl,ou=USA,
Corps Regulatory Official: �,=SHA,7.03. 713:54EI"5'000750573 Date: 3/7/2017
��'VVV Date.HAII03.0-D.I38-05'00'
Expiration Date of Verification: 3/18/2017

SAW-2016-00724
Determination of Jurisdiction:
A. ® There are waters, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you
may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if
work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must
be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States
and prior to any work that could alter the hydrology of waters of the United States.
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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, within the above described project area that are 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 Date. Action ID: AID.
Basis For Determination: See the Preliminary iurisdictional determination form dated 3/7/2017.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 by Not applicable.
"It is not necessary to submit �\an RFA form to the Division Office if you do not object to the determination in this correspondence."
`/ �, ..M AEFFMDA M/MH,1=5057Kil1EMI505]3
gl:aVs. v-UlS Lore—1w=...—..-= w
Corps Regulatory Official: ° M"Ei0.DP11.1. 1$b°"°"'
David L. Shaeffer
Date of JD: 3/7/2017
Expiration Date of JD: Not applicable

SAW-2016-00724
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 Customer Satisfaction Survey located at
http://corpsmapu.usace. anny.mil/cm_apex/f?p= l 36:4:0
Copy furnished:
Agent:
Wetlands and Waters. Inc.
Tamp Bandy
Address:
4108 LB Propst Drive
Conover, North Carolina 28613
Telephone Number:
828-302-3437
E-mail:
itampbandyna gmail.com

Action ID Number: SAW-2016-00724 County: Mecklenburg
Permittee: The Parking Spot, Mike Boyle
Project Name: The Parking Spot - Charlotte
Date Verification Issued: 3/7/2017
Project Manager: David L. Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David L. Shaeffer
Asheville Regulatory Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with .the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
Applicant: The Parking Soot. Mike Boyle File Number: SAW-2016-00724 Date: 3/7/2017
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Ir,
Additional information may be found at or http://www usace annv nril/Missions/Civi]Works/Re ug latoryProgramandPerrnits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: David L. Shaeffer
CESAD-PDO
Asheville Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 3/7/2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: The Parking Spot, Mike, Boyle, 200 West Monroe
Street, Suite 1500, Chicago, Illinois, 60606
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, The Parking Spot - Charlotte,
SAW-2016-00724
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located on the northeast
corner of the intersection of Wilkinson Boulevard and Barry Drive. PINs: 0556923, 0556924, 0556925, 0556929,
0556930, 0556940, and 0556944.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.2380 Longitude:-80.9458
Universal Transverse Mercator:
Name of nearest waterbody: Ticer Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 4/21/2016
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Type of aquatic
Geographic authority to
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
"may
Site Number
degrees)
degrees)
review area (acreage
wetland vs. non -
be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
Tributary 1
35.2367
-80.9466
1200 linear feet
Non -wetland
Section 404
water
Tributary 2
35.2374
-80.9460
400 linear feet
Non -wetland
Section 404
water

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWT) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWT or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other general
permit authorization; (4) the applicant can accept a permit authorization and thereby agree
to comply with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) undertaking any activity in
reliance upon the subject permit authorization without requesting an AJD constitutes the
applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of
Corps permit authorization based on a PJD constitutes agreement that all aquatic resources
in the review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance or
enforcement action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as
practicable. Further, an AJD, a proffered individual permit (and all terms and conditions
contained therein), or individual permit denial can be administratively appealed pursuant to
33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an
official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in the
review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 1 revised on 1/12/2017
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineationreport. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit RUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ❑Aerial (Name & Date):
or ®Other (Name & Date): Parking Snot 4/6/2016
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by
SHAEFFER.DAVID.LEIGH.1260750573
DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
�•
cn=SHAEFFER.DAVID.LEIGH.126075057
3
Date: 2017.03.07 13:57:26-05'00'
Signature and date of Regulatory
Signature and date of
staff member completing PJD
person requesting PJD
3/7/2017
(REQUIRED, unless
obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms.
If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Site
Latitude
Longitude
number
Tributary 1
35.2367
-80.9466
Tributary 2
35.2374
-80.9460
Jurisdictional Tributary
-Wetland Sketch provided for illust
purposes for preliminary planning L
Not intended to be relied upon for
location, dimensions, or orientatior
findings and assessments made by
consultants regarding limits of juris
permitting requirements are subjet
verification by the US Army Corps c
the NC DWR, and other appropriat(
authorities.
200 ft
WETLANDS
8c WATERS
T N
The Parking Spot
Stewart, Inc.
"`Y' `Vul Ly. Charlotte, Mecklenburg
Tax PIN(s): 05536944, 05536923, 05536925, 05536940, 05536929, 05536924,
Figure 1: Approximate Depiction Coordinates: Scale:
of Waters and Wetlands I Let: 35.2380 Long:-80.9458 graphic
Revised: 1/12117

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Commercial and Institutional Developments. Discharges of dredged or fill material
into non -tidal waters of the United States for the construction or expansion of commercial and
institutional building foundations and building pads and attendant features that are necessary for
the use and maintenance of the structures. Attendant features may include, but are not limited to,
roads, parking lots, garages, yards, utility lines, storm water management facilities, and
recreation facilities such as playgrounds and playing fields. Examples of commercial
developments include retail stores, industrial facilities, restaurants, business parks, and shopping
centers. Examples of institutional developments include schools, fire stations, government office
buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship.
The construction of new golf courses and new ski areas is not authorized by this NWP.
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by
making a written determination concluding that the discharge will result in minimal adverse
effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 31.) (Sections 10 and 404)
Note: For any activity that involves the construction of a wind energy generating
structure, solar tower, or overhead transmission line, a copy of the PCN and NWP verification
will be provided to the Department of Defense Siting Clearinghouse, which will evaluate
potential effects on military activities.

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navi ag tion. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. All permanent and temporary crossings of waterbodies shall be suitably culverted,
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Mi rg atory Bird Breeding_ Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
2

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity -specific conditions added by the district engineer to an NWP
authorization.
15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWT which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or
a species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWT which "may affect" a listed species or critical
habitat, unless Section 7 consultation addressing the effects of the proposed activity has been
completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district
engineer will review the documentation and determine whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, and shall not begin work
on the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that might affect Federally -listed
endangered or threatened species or designated critical habitat, the pre -construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that might be affected by the
proposed work. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the non -
Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -
construction notification. In cases where the non -Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification the proposed
activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation
has been completed. If the non -Federal applicant has not heard back from the Corps within 45
days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species -specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NyVP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the
jurisdiction of the United States to take a listed species, where "take" means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct. The word "harm" in the definition of "take" means an act which actually kills or injures
wildlife. Such an act may include significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding or sheltering.
Cl.

(f) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.noaa.gov/fisheries.html respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations
governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and
Wildlife Service to determine if such "take" permits are required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will review the documentation and determine whether
it is sufficient to address section 106 compliance for the NWP activity, or whether additional
section 106 consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of Section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, oral history interviews, sample field investigation,
and field survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non -Federal applicant has identified historic properties on which the
activity may have the potential to cause effects and so notified the Corps, the non -Federal
applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to cause effects or that consultation under Section 106 of the NHPA has been
completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). IfNHPA

section 106 consultation is required and will occur, the district engineer will notify the non -
Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If
the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to .an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic properties affected, and proposed mitigation. This documentation must include any
views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking
occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
The district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
G

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all
wetland losses that exceed 1/10-acre and require pre -construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal, and
provides a project -specific waiver of this requirement. For wetland losses of 1/10-acre or less
that require pre -construction notification, the district engineer may determine on a case -by -case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, wetland restoration should be the first compensatory mitigation option
considered.
(3) If permittee-responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be
used by the district engineer to make the decision on the NWP verification request, but a final
mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be E
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
i
(4) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the number of
credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan. j
(d) For losses of streams or other open waters that require pre -construction notification,
the district engineer may require compensatory mitigation, such as stream rehabilitation,
enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the
aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of
7

the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g., conservation easements) of riparian areas. next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist
of native species. The width of the required riparian area will address documented water quality
or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to establish a riparian area
on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or
establishing a riparian area along a single bank or shoreline may be sufficient. Where both
wetlands and open waters exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based
on what is best for the aquatic environment on a watershed basis. In cases where riparian areas
are determined to be the most appropriate form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate
permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, permittee-responsible compensatory mitigation may be environmentally preferable if
there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the
special conditions of the NWP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory mitigation project, and, if required,
its long-term management.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non -Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.

26. Coastal Zone Mann eg_ment. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By --Case Conditions. The activity must comply with any regional
conditions that may -have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter
from the Corps must provide a signed certification documenting completion of the authorized
activity and any required compensatory mitigation. The success of any required permittee-
responsible mitigation, including the achievement of ecological performance standards, will be
addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will
include:
0

(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu
fee program are used to satisfy the compensatory mitigation requirements, the certification must
include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre -construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional
information necessary to make the PCN complete. The request must specify the information
needed to make the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective
permittee does not provide all of the requested information, then the district engineer will notify
the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division
engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 18 that listed species or critical habitat might be affected or in the vicinity of the
project, or to notify the Corps pursuant to general condition 20 that the activity may have the
potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps that there is "no effect" on listed species or "no
potential to cause effects" on historic properties, or that any consultation required under Section
7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National
Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under
NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the
proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
may not begin the activity until the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45 calendar
days of receipt of a complete PCN, the permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
10

(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount of loss
of water of the United States expected to result from the NWP activity, in acres, linear feet, or
other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual
permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory mitigation. Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the project and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the
project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other waters on the project site, but there may be a delay if the Corps does the delineation,
especially if the project site is large or contains many waters of the United States. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and
why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non -Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non -Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
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(2) For all NWP activities that require pre -construction notification and result in the loss
of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50,
51, and 52 activities that require pre -construction notification and will result in the loss of greater
than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that
require pre -construction notification, the district engineer will immediately provide (e.g., via e-
mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37,
these agencies will have 10 calendar days from the date the material is transmitted to telephone
or fax the district engineer notice that they intend to provide substantive, site -specific comments.
The comments must explain why the agency believes the adverse effects will be more than
minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar
days before making a decision on the pre -construction notification. The district engineer will
fully consider agency comments received within the specified time frame concerning the
proposed activity's compliance with the terms and conditions of the NWPs, including the need
for mitigation to ensure the net adverse environmental effects to the aquatic environment of the
proposed activity are minimal. The district engineer will provide no response to the resource
agency, except as provided below. The district engineer will indicate in the administrative record
associated with each pre -construction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity may
proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur. The district engineer will consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or revoked
in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre -construction notifications to expedite agency coordination.
D. District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. For a linear
project, this determination will include an evaluation of the individual crossings to determine
whether they individually satisfy the terms and conditions of the NWP(s), as well as the
cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a
waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in minimal adverse effects. When making minimal effects determinations the
district engineer will consider the direct and indirect effects caused by the NWP activity. The
district engineer will also consider site specific factors, such as the environmental setting in the
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vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree
or magnitude to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site -specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-
acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for projects with smaller impacts. The
district engineer will consider any proposed compensatory mitigation the applicant has included
in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse effects on the aquatic environment are
minimal, after considering mitigation, the district engineer will notify the permittee and include
any activity -specific conditions in the NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation requirements must comply with the appropriate
provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan
before the permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation. If the prospective permittee
elects to submit a compensatory mitigation plan with the PCN, the district engineer will
expeditiously review the proposed compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45 calendar days of receiving a
complete PCN and deterinine whether the proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the district engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP, including any activity -specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer determines that the adverse effects of the proposed work are
more than minimal, then the district engineer will notify the applicant either: (a) That the project
does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an individual permit; (b) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (c) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period, with activity -specific
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