20080350 Ver 2_401 Application_20150715

z Engineers, Surveyors, Planners, Scientists
July 21, 2015
6- O Nf d—
North Carolina Department of Water Resources
401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, North Carolina 27604 PAS
Subject: Pre - Construction Notification for Windsor Run Development, Town of $' etthewvs, -
Mecklenburg County, North Carolina
To whom it may concern:
Enclosed please find five (5) copies of a Pre - Construction Notification (PCN) for the proposed
Windsor Run development and payment for the associated review fees. The project is located
north of McKee Road, southwest of Pleasant Plains Road, and south east of 1 -485 in the Town of
Matthews, Mecklenburg County, North Carolina. This study was performed at the request of and
is for the exclusive use of Windsor Run, LLC.
Windsor Run LLC is proposing to build a retirement community consisting of approximately 218
residential units. This facility will feature independent living units and a central building dedicated
to amenities for residents on the campus. In addition, a sanitary sewer line is proposed to be
constructed for the project. This sewer line will connect with an existing line located north of the
site and will direct flow across the site to the southeast. A temporary impact of approximately 35
linear feet to an ephemeral stream is proposed for the installation of the sanitary sewer line.
Approximately 0.37 acre of wetland is also proposed to be impacted for construction of the line.
Proposed mitigation will be accomplished by utilizing the North Carolina Department of
Environment and Natural Resources's (NCDENR) In -Lieu Fee mitigation program.
For questions regarding the permit application feel free to call me at (614) 775 -4519. Thank you
for your assistance in this matter.
Sincerely,
/���V
A elia P. Harris
Environmental Scientist
EMH &T
JUL 21 2015
OENR - WATER RESOURCES
401 & BUFFER PERMITTING
A legacy of experience A reputation for excellence
5500 New Albany Road, Columbus, OH 43054 - Phone [phone] - Fax [phone]
Columbus - Charlotte - Cincinnati - Indianapolis
emht com

of `"arFR
o� qG Office Use Only
Corps action ID no
l ®t o t DWQ project no
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: I ❑X Section 404 Permit ❑ 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? I ❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ
because written approval is not required? 401 Certification,
❑ Yes ❑X No
1f Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
1g Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2. Project Information
2a Name of protect: Erickson, Matthews Development
2b. County: Mecklenburg
2c. Nearest municipality / town Matthews, North Carolina
2d. Subdivision name: None
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a`. Name(s) on Recorded Deed. ELP Matthews, LLC
3b. Deed Book and Page No. Book 29791, Page 238
3c. Responsible Party (for LLC if Steven Montgomery
applicable):
3d. Street address: 701 Maiden Choice Lane
3e. City, state, zip: Baltimore, MD 21228
3f. Telephone no.: (704) 904 -4443, (800) 820 -0856
3g Fax no.:
3h. Email address. Steven. Montgomery@ erickson com
For the record only for Corps Permit-
El Yes ❑X No
X❑ Yes ❑ No
❑ Yes ❑X No
❑ Yes ❑X No
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is- ❑ Agent ❑ Other, specify-
4b. Name:
4c. Business name
(if applicable):
4d Street address
4e City, state, zip:
4f. Telephone no
4g Fax no
4h: Email address
5. Agent/Consultant Information (if applicable)
5a: Name: Amelia Harris
5b: Business name EMH &T
(if applicable):
5c; Street address.
5d City, state, zip:
5e. Telephone no:
5f.' Fax no:
5g: Email address:
5500 New Albany Road
New Albany, OH 43054
614 - 775 -4519
614 - 775 -4802
aharris @emht.com
Page 2 of 10

B. I Project Information and Prior Project History
1.. Property Identification
1a Property identification no. (tax PIN or parcel ID). 1 22760112
lb Site coordinates (in decimal degrees): I Latitude 35 084396
1c Property size.
2. Surface Waters
2a. Name of nearest body of water to proposed project.
2b. Water Quality Classification of nearest receiving water:
2c. River basin
114
Longitude: - 80.718526
acres
Fourmile Creek
C
Catawba River Watershed
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:
The site is primarily composed of herbaceous pasture with several areas of scrub /shrub Two (2) livestock ponds are located on the site A series of
electric transmission lines cross the central portion of the site from north to south An existing budding is located in the southwestern portion of the site
The northwestern comer of the site is forested The land use to the north, south, east, and west of the site is entirely residential
3b. List the total estimated acreage of all existing wetlands on the property: 0.77
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 374
3d Explain the purpose of the proposed project:
See Appendix A - Pre - Construction Notification Form (PCN) - Additional Information
3e Describe the overall project in detail, including the type of equipment to be used:
See Appendix A - Pre - Construction Notification Form (PCN) - Additional Information
4. , Jurisdictional Determinations
4a: Have jurisdictional wetland or stream determinations by the
0 Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
Comments:
project (including all prior phases) in the past?
4b If the Corps made the jurisdictional determination, what type
Preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: EMH &T, 2014
Name (if known): Eric Nagy
Other. John McAdams Co, 2006
4d' If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
March 23, 2015- see Attachment B - 2014 Jurisdictional Determination
5. Project History
5a Have permits or certifications been requested or obtained for
I ❑X Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
56. If yes, explain in detail according to "help file" instructions.
See Attachment C - Project History
6. Future Project Plans
6a. Is this a phased project?
6b If yes, explain
❑ Yes ❑X No
Page 3 of 10
PCN Form — Version 1.4 January 2009

I
C. Proposed Impacts Inventory
3b.
3c 3d. 3e. 3f.
3g.
1. Impacts Summary
Type of impact
Stream name Perennial (PER) or Type of Average
Impact
la Which sections were completed below for your project (check all that apply):
intermittent (INT)? jurisdiction stream
❑X Wetlands ❑X Streams —tributaries ❑X Buffers
❑ Open Waters
❑ Pond Construction
width
2. Wetland Impacts
Temporary (T)
(feet)
If there are wetland impacts proposed on the site, then complete this question
for each wetland
area impacted
Stream 1 INT Corps 4
2a 2b 2c
2d.
2e.
2f.
Wetland impact Type of impact Type of wetland
Forested
Type of jurisdiction
Area of
number
S4 -
Corps (404,10) or
impact
Permanent (P) or
S5 -
DWQ (401, other)
(acres)
Temporary (T)
S6 -
Choose one
- -
W1 P Fill Non -Tidal Freshwater Marsh
No
Corps
028
W2 P Fill Non -Tidal Freshwater Marsh
No
Corps
002
W3 P Fill Non -Tidal Freshwater Marsh
No
Corps
007
W4 _ Choose one Choose one
Yes /No
W5 - Choose one Choose one
Yes /No
-
W6 Choose one Choose one
Yes /No
2g. Total
Wetland Impacts:
0.37
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 (PER) or Type of Average
Impact
; number
intermittent (INT)? jurisdiction stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1, T
Type In (Other)
Stream 1 INT Corps 4
35
S2 -
Choose one
- -
S3 -
Choose one
- -
S4 -
Choose one
- -
S5 -
Choose one
- -
S6 -
Choose one
- -
3h. Total stream and tributary impacts 35
3i. Comments:
This temporary stream impact is necessary in order to accommodate a perpendicular non - electric utility line crossing
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S then individually list all open water impacts below.
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list
4a. 4b. 4c
4d 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact
Waterbody Area of impact (acres)
Permanent (P) or
type
Temporary (T)
O1 - Choose one
I Choose
O2 - Choose one
Choose
O3 - Choose one
Choose
04, - Choose one
Choose
4f. Total open water impacts
4g Comments:
impact
5. Pond or Lake Construction
required?
If pond or lake construction proposed, then complete the chart below.
(square
5a. 5b. 5c.
5d 5e
Pond ID number Proposed use or Wetland Impacts (acres)
Stream Impacts (feet) Upland
purpose of pond
(acres)
Flooded Filled
I Excavated
Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
59 Comments:
5h � Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no:
5i , Expected pond surface area (acres):
5 Size of pond watershed (acres):
5k Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list
all buffer
impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑X Catawba
❑ Randleman
❑ Other:
6b: 6c. 6d.
6e. 6f.
6g
Buffer Impact Reason for impact Stream name
Buffer
Zone 1
Zone 2
number —
mitigation
impact
impact
Permanent (P) or
required?
(square
(square
Temporary (T)
feet)
feet)
B1 T Sanitary sewer crossing Stream 1 (unnamed tributary to Four Mile Creek)
No
1,050
62 -
Yes /No
B3 -
Yes /No
B4 -
Yes /No
B5 -
Yes /No
B6 -
Yes /No
6h. Total Buffer Impacts: 1,050
61. Comments- This temporary buffer impact is necessary in order to accommodate a perpendicular non - electric utility line crossing
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Four (4) wetlands and one (1) stream are located on the Erickson Matthews site The site plan was developed to minimize impacts to surface water
features to the most practical extent. Wetland C will not be impacted for the project Wetlands A, B, and D will be impacted minimally in order to
accommodate the sanitary sewer line It was not possible to avoid these entirely due to the grade of the site and position of the existing sewer line
connection Additionally, Stream 1 will also be impacted temporarily for the crossing of the sanitary sewer line
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best Management Practices (BMPs) will be used for the duration of the proposed project to ensure that during and following construction activities
water quality impacts will be minimized
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 ❑X Corps
❑ Mitigation bank
2c: If yes, which mitigation option will be used for this ❑X Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a: Name of Mitigation Bank
Type- Choose one Quantity:
3b, Credits Purchased (attach receipt and letter) Type- Choose one Quantity:
Type. Choose one Quantity:
i
3c. Comments:
i
4. ' Complete if Making a Payment to In -lieu Fee Program
4a; Approval letter from in -lieu fee program is attached.
4b: Stream mitigation requested:
4c If using stream mitigation, stream temperature:
4d: Buffer mitigation requested (DWQ only):
4e; Riparian wetland mitigation requested:
4f , Non- riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:
4h 1 Comments:
❑X Yes
0 linear feet
Choose one
0
0.5
0
0
5. , Complete if Using a Permittee Responsible Mitigation Plan
square feet
acres
acres
acres
5a: If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
I
! Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires I Yes Q No
buffer mitigation?
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.
6c. 6d 6e.
'Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1
3 (2 for Catawba)
Zone 2 1.5
6f Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
=1 b' If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
2. Stormwater Management Plan
2a What is the overall percent imperviousness of this protect? 1044%
2b Does this project require a Stormwater Management Plan? n 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-
See Attachment A - Pre - Construction Notification Form (PCN) - Additional Information
The Stormwater Plan for the project was submitted to the Town of Matthews, North Carolina on July 10, 2015 and is pending approval The
Stormwater plan is included in this document as Attachment B Proof of approval will be submitted to upon receipt
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this protect?
3b. Which of the following locally - Implemented stormwater management programs
apply (check all that apply)-
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a Does the Stormwater Management Plan meet the appropriate requirements?
5b. Have all of the 401 Unit submittal requirements been met?
Town of Matthews
Town of Matthews
0 Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
El Yes ❑X No
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006 -246
❑ Other
❑ Yes ❑X No
❑X Yes ❑ No
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter) ❑Yes ❑ No
Comments
2. Violations (DWQ Requirement)
2a, Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application? ❑ Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3aj Will this project (based on past and reasonably anticipated future impacts) result in I ❑Yes X❑ 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.
This project will not result in additional development. No further impacts are anticipated following construction
4. Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated from the site will be directed to the sanitary sewer line proposed to be constructed as a part of this development
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act -
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Yes OX No
0 Yes ❑ No
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Attachment A - Pre - Construction Notification Form (PCN) - Additional Information
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
See Attachment A - Pre - Construction Notification Form (PCN) - Additional Information
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 ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
76. What data sources did you use to determine whether your site would impact historic or archeological resources?
A literature review of cultural resources on and surrounding the site was prepared and is included as Appendix E - Cultural Resources Literature
Review Letter
8: Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA Floopplain Map Panel #3710448900K
Applicant/Agent's Printed Name
(T�, CA�;�W4 _
Applicant/A ni.s Signatu e
(Agents signature is v id my if an au orization
letter from the ap nt is provid d,)
Page 10 of 10
pX No
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Date

APPENDIX A
Pre - Construction Notification Form (PCN) Additional Information

Pre- Construction Notification Form (PCN) — Additional Information
Erickson Matthews Development - Windsor Run
Section B - Project Information and Prior Project History
3d. Explain the purpose of the proposed proiect:
Erickson Living is proposing to build an approximately 218 -unit retirement facility known as
Windsor Run. This facility will feature independent living units and a central building dedicated to
amenities for residents on the campus. In addition, a sanitary sewer line is proposed to be
constructed for the project. This sewer line will connect with an existing line located north of the site
and will direct flow across the site to the southeast.
3e. Describe the overall proiect in detail. includina the type of equipment to be used:
The site will consist of two (2) residential buildings, a central unit offering amenities to residents,
and associated parking areas. One (1) entrance will connect the facility with McKee Road to the
south. A series of sidewalks and walking paths will be constructed within the grounds of the facility,
as well as along the majority of the site's perimeter. Three (3) stormwater detention basins and a
sanitary sewer line are proposed to be constructed for the site. The sewer line will connect to an
existing line extending from the residential neighborhood located north of the site. This sanitary
sewer line is proposed to cross Stream 1 at the northern site boundary, resulting in a temporary
impact. The line will trend generally to the southeast across the site. Portions of Wetlands A, B, and
D are proposed to be impacted for the construction of the sanitary sewer line.
Typical construction equipment including bulldozers, track hoes, grader, scrapers, articulated trucks,
vibratory rollers, and pavers will be used during site development.
5b. If Yes, explain in detail accordina to the "help file" instructions
A wetland delineation was conducted on the site by the John R. McAdams Company in the fall of
2006. The site was referred to as the Fincher Tracts at that time. The delineation was submitted
to the USACE on October 24, 2006. A follow -up package containing copies of the survey plat was
sent to the USACE on January 24, 2007. Additionally, an application for a Nationwide Permit #29
was submitted to the USACE and North Carolina Division of Water Quality (NC DWQ) on February
21, 2008. This permit requested impacts to 0.3 acre of wetlands and temporary impacts to 1.3
acres of open water pond in association with the construction of the Erickson Retirement Community.
On April 24, 2008, the NC DWQ determined the project was covered by the General Certification
of the Nationwide Permits. On May 27, 2008, the USACE authorized the project under a
Nationwide Permit #29 and verified the delineation. In 2008, the project site was prepared for
construction by removing all structures and cattle from the site. However, the project was put on
hold before any grading, construction, or wetland impacts occurred. The Nationwide Permit expired
on May 27, 2010 and the delineation verification expired on May 27, 2013.
North Carolina Division of Water Quality Project #08 -0350
Applied: February 26, 2008
Approval Issued: April 24, 2008

This letter approved the fill of 0.03 acre of wetland and a temporary impact to 1.3 acres of open
water to construct the Erickson Retirement Community. This approval expired May 27, 2010.
US Army Corps of Engineers, Wilmington District Action ID: SAW 2008 - 00757 -360
Applied: February 21, 2008
Permit Issued: May 27, 2008
This permit authorized impacts to 0.3 acre of wetlands and temporary impacts to 1.3 acres of open
water in association with the construction of the Erickson Retirement Community. Mitigation to offset
wetland impacts was to be accomplished through enhancement of 0.14 acre of wetlands and
restoration of 0.16 acre of wetlands. Following mitigation, a protective fence and 50 -foot "no-
mow" zone were to be constructed to the south and west of the wetland's edge. This permit expired
May 27, 2010.
Section E - Stormwater Management and Diffuse Flow Plan
2d. If this proiect does reauire a Stormwater Manaaement Plan, then provide a brief, narrative
description of the plan:
Stormwater management for this project will be provided by three (3) permanent wet basins. Pond
1 is located in the northwest corner of the site. Pond 2 is located in the southwest corner of the site
within the existing Marketing Center development area. Pond 3 is located in the northeast corner
of the site. The wet pond Best Management Practices (BMPs) are designed to the Town of Matthews
UDO (Unified Development Ordinance) and the Mecklenburg County Stormwater Control criteria.
The basins will have a forebay and permanent pool which will provide Windsor Run the required
water quality volume and will attenuate the peak rate of runoff from the proposed basin. The on-
site stormwater runoff is routed through the wet ponds such that the 1 -inch depth runoff is detained
99 hours providing the required 85% Total Suspended Solid (TSS) removal. Stormwater release
rates for the 1, 2, 10, 50 and 100 year storm occurrence are controlled by a multi -stage outlet
structure device. The surface basin serves as both a stormwater quality and quantity control device.
Section F — Supplementary Information
5d. What data sources did You use to determine whether Your site would impact Endanaered
Species or Desianated Critical Habitat?
A site visit was performed for the Erickson Matthews site on April 7, 2014. The site was assessed
for aquatic resources and potential critical habitat for listed threatened and endangered species.
EMH &T reviewed the U.S. Fish and Wildlife Service's (USFWS) Section 7 Consultation list of species
and critical habitat that "may be present" within the project area. The following species are listed
for Mecklenburg Count, North Carolina:
• American eel (Anguilla rostrata) — Federal Species of Concern
• Bald eagle (Haliaeetus leucocephalus) — Bald and Golden Eagle Protection Act
• Carolina darter (Etheostoma collis collis) — Federal Species of Concern
• Northern long -eared bat (Myotis septentrionalis) — Threatened
• Carolina creekshell (Villosa vaughaniana) — Federal Species of Concern
• Carolina heelsplitter (Lasmigona decorata) — Endangered

• Dwarf aster (Eurybia mirabilis) — Federal Species of Concern
• Georgia aster (Symphyotrichum georgianum) — Candidate
• Michaux's sumac (Rhus michauxii) — Endangered
• Prairie birdsfoot- trefoil (Lotus unifoliolatus var. helleri) — Federal Species of Concern
• Schweinitz's sunflower (Helianthus schweinitzii) — Endangered
• Shoals spiderlily (Hymenocallis coronaria) — Federal Species of Concern
• Smooth coneflower (Echinacea laevigata) — Endangered
• Tall larkspur (Delphinium exaltatum) — Federal Species of Concern
EMH &T submitted formal consultation with USFWS's Asheville Field Office, and their response will
be forwarded upon its receipt. Additional sources of information include: E &T Species by County
NC (http: / /www.fws.gov /raleigh/ species /cntylist /nc_Counties.htm1); US FWS species profiles;
Federal Register documents for all species listed; US FWS Critical Habitat Portal
(http: / /ecos.fws.gov /crithab /); NC Wildlife Resources Commission (http: / /www.ncwildlife.org /)
6b. What data sources did you use to determine whether Your site would impact Essential Fish
Habitat?
The NOAA Essential Fish Habitat Mapper v3.0
(http: / /www. habitat. noaa. gov / protection /efh /habitatmapper.html) did not indicate any Essential
Fish Habitat (EFH) for the site. A site visit was performed for the Windsor Run site on April 7, 2014.
The site was assessed for aquatic resources and potential critical habitat for EFH. One (1)
intermittent stream was located on the site. This stream flows into Wetland A and does not maintain
flow throughout the year, indicating it does not provide sufficient fish habitat.

APPENDIX B
2014 Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: SAW- 2014 -02262 County: Mecklenbur6 U.S.G.S. Quad: NC-
MATTHEWS
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: ELP Matthews LLC
Address. 701 Maiden Choice Lane Baltimore, Maryland 21228
Telephone No : 800 - 820 -0856
Property description:
Size (acres)83.217 Nearest Town: Matthews
Nearest Waterway: West Fork Twelvemile Creek River Basin: Lower Catawba
Coordinates: ')5.084508,-80.718629 Hydrologic Unit Code: 3050103
Location Description: The site is located at 1910 McKee Road Matthews, in Mecklenburg County, NC. Coordinates:
35 084508, - 80.718629
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). 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
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
_ The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We
strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the
Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this detenmination may be relied upon for a period not to exceed five years from the date of this
notification.

Action Id: SAW- 2014 -02262
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828 -271 -7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual • Eastern Mountain and Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property "is an unnamed tributary to West Fork Twelvemile Creek which flows into the Lower Catawba
River. The Catawba River is located in the Santee watershed and eventually drains to the Atlantic Ocean. Specifically, the
Catawba River joins the Santee - Cooper River in South Carolina before entering the Atlantic Ocean.
D. Remarks:
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 del ineation/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 jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a 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 10M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: William Elliott
Issue Date: March 23, 2015 Expiration Date: March 22, 2020
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 our website at htti):// pert. nwi).usace.armv.mil /survey.htnil
to complete the survey online.
CF: Eric Nagy, 5500 New Albany Road, Columbus Oh 43054
2

ELP Matthews LLC
March 23, 2015
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) j B
PERMIT DENIAL j C
APPROVED JURISDICTIONAL DETERMINATION j D
X PRELIMINARY JURISDICTIONAL DETERMINATION j E
���,� >lv�,�,,i - .sne =roset=ving�ctentes: your" xlgtitsarid�optto���z�egarding�anad %�iiriis`t`rati�eF�a "` eal °oft e :v <."
deci` 1orL,w
= inf ©rtnation °riybeoind °fit :::._ pa -° .N- s,:w..',
hop l �v vyv:usace:airriy.zntV ECW/Pageslre " xiiateria�s:as =_or rCo'� "s re lati 3 C R 1 R
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 11 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 accept or 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 division 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.
I'01.I3 °'RE`s UESTF�O _PEAL;or 0$JECTIONS'TO'AN. INiTIALMP >ROFFERED; PERMI I .'T`'M
SECT , 9 . �_� - r Q,.,, . o , T VAN—
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
_> s ,x � �KS`°�sKFk; rog�r�,#" rr .4,�"ti ^gc;,'"�^,�'t��;.,�p >', .ar�,'8ai;l §,;. �,h'; ;,�`$ r -z�£ %S �,� %, ='.�,x .s �� �•M'"; ','.x3 .,e •u :'Ek3F�':,c" 'Y# TMx r..k' , t,:..=- '*,•,:,
"Z�xzt, '�,• r y" �':s., �,,,
POINT OF, CONTACT'(�R,[�>.ES3TT4N` OR;,XNFRMAT�ON:4=
,.,�:�>c, ova- u. a.,* ?- ��1� %�<q':,�����;.�r'�^�,�• T�:.n..,��
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
William Elliott, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office CESAD -PDO
151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division
RM 208 60 Forsyth Street, Room IOM15
Asheville, NC 28801 Atlanta, Georgia 30303 -8801
828 - 271 -7980 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: William Elliott, 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]
11

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): October 29, 2014
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Steven Montgomery
Vice President Development
701 Maiden Choice Lane
Baltimore, MD 21228
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW -RG -A;
cCs t) I✓ g 6 - i - r- v /'61 r7R,'-I✓ s L L �_ sh �,, - )_ v / � _ D � 2
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION; Project
site is located north of McKee Road and southwest of Pleasant Plains Road in the Town
of Matthews, Mecklenburg County, North Carolina.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:North Carolina County /parish /borough: Mecklenburg City:
Matthews
Center coordinates of site (lat/long in degree decimal format): Lat. 35.0842180
N, Long. - 80.7185360 W.
Universal Transverse Mercator: 17 S 525632.63m E
3882397.67 m
Name of nearest waterbody: Fourmile Creek, Catawba River Watershed
Identify (estimate) amount of waters in the review area:
Non - wetland waters: 374 linear feet: width (ft) and /or 2.26 acres.
Cowardin Class:
Stream Flow: Intermittent
Wetlands:,L53 -aerM. , a 7 c
Cowardin Class:
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non - Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):

SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
N Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:DeLorme, 2013; USGS, 1978; NRCS, 2012; FEMA, 2013;
NNVI, 2013; EMH &T, 2014.
N Data sheets prepared /submitted by or on behalf of the
applicant/consultant.
❑ Office concurs with data sheets /delineation report.
❑ Office does not concur with data sheets/delineation report.
'❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name :Matthews, NC
Quad, 1978.
N USDA Natural Resources Conservation Service Soil Survey.
Citation:SSURGO/NRCS, 2012.
N National wetlands inventory map(s). Cite name: FWS, 2012.
❑ State /Local wetland inventory map(s):
® FEMA/FIRM maps: Mecklenburg County, 2013.
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
J� Photographs: ❑ Aerial (Name & Date):
or N Other (Name & Date) :EMH &T Report Photos, 2014.
® Previous determination (s). File no. and date of response letter: SAW -
2008-00757 -360; May 28, 2008.
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Cbras and should not be relied 'upon for
later iurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
3
Signature and da e f
person requestin elii inary JD
(REQUIRED, unless obtaining
the signature is impracticable)

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre- construction notification" (PCN), or requests verification for a non - reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
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)
that 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) that undertaking
any activity in reliance -upon fhe subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (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 preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, 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,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
7

APPENDIX C
Project History

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2008 - 00757 -360 County: Mecklenburg USGS Quad: Matthews
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Erickson Retirement Communities, Att'n: Mark Hunter
Address: 1 Cedar Villaee Drive
Promvton Plains, NJ 07444
Telephone No.:
Size and location of property (water body, road name /number, town, etc.): Erickson Retirement
Community located on a 114 acre tract, north of McKee Road and south of Pleasant Plains Road:
near Charlotte
Description of projects area and activity: This permit authorizes impacts to 0.3 acre of wetlands and
temvorary impacts to 13 acres of open water in association with the construction of the Ericson
Retirement Communitv. Mitigation to offset wetland loss will be done through enhancement of
0.14 acre of wetlands and restoration of 0.16 acre of wetlands. After the pond and wetland
mitigation are complete, the south and west sides of the wetlands will be protected with a fence and
a no mow zone extendine 50 feet from the wetland edge. ALL MITIGATION WORK WILL BE
DONE IN STRICT ACCORDANCE (INCLUDING MONTORING) WITH THE "FINAL
WETLAND MITIGATION PLAN" RECEIVED BY EMH &T ON MAY 21, 2008.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions- andyour -submittedplans- Anyvioiation oftht attached conditions or deviation from your- - -- - - — - -
submitted plans may subject the pemrittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning ing work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding tlus verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828 -271 -7980.

Corps Regulatory Official Steve Chapin Date: Mav 27, 2008
Expiration Date of Verification: May 27, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
httD: / /www.saw.usace.armv.mil /WETLANDS /index.html to complete the survey online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued — Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual, open water, and is adjacent to stream channels that exhibit indicators of ordinary high water
marks. The stream channels on the property are unnamed tributaries to Four Mile Creek which flow into the
Catawba River and ultimately flows to the Atlantic Ocean through the Four Mile Creek >McAlpine Creek> Catawba
River system which is a Section 10 navigable -in -fact waterway at Lake Wylie.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (ki A) form. It you request to appeal
this determination you must submit a completed RFA form to the following address:
Distract Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. **
Corps Regulatory Official: Steve Chapin
Issue Date: May 27, 2008 Expiration Date. Five years from Issue Date
Copy Furnished:
EMH &T (Sean Peffer)

ox" r c9Q
Mr. Mark Hunter
Erickson Retirement Communities
1 Cedar Village Dr.
Prompton Plains NC 07444
Subject: Erickson Retirement Communities Campus
Dear Mr. Hunter:
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quakily
April 24, 2008
Mecklenburg County
DWQ Project #08 -0350
You have our approval, in accordance the general certification and those conditions listed
below, to fill 0.03 acre of wetland and temporarily impact 1.3 acres of open water to construct the
Erickson Retirement Community in Mecklenburg County, as described in your application received by
the Division of Water Quality (DWQ) on February 26, 2008. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3705, which
can be viewed on our web site at http:// h2o.enr.state.nc.us /ncwetlands. The General Certification
allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non - Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. A "French drain" or similar method shall be employed to maintain the hydrology of the seep at the
toe slope of the pond and provide continue flow to the downstream area. The hydrology of the
remaining wetland(s) and proposed constructed wetland shall be maintained.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where
impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities. one
NqrthCarolina
Aaturally
North Carolina Division of Water Quality 610 East Center Ave, Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet ncwaterqulaity org FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

4. Storm water discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment accumulations,
scouring or erosion of the stream banks.
5. Prior to construction, a final, written storm water management plan (including a signed and
notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing
authority) within 60 days of the issuance of the 401 Water Quality Certification. The storm water
management plans shall be approved in writing by this Office (or local delegated authority
authority, copy of plan and approval letter submitted to DWQ). You have the option of using the
Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The storm
water management plan must include construction plans, specifications, storm water BMP
worksheets, and supporting calculations. The storm water best management practices are
required to be appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Storm water Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office or local delegated
authority) shall be constructed and operational, and the storm water management plan (as
approved by this Office or local delegated authority) shall be implemented. The structural storm
water practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural storm water practices shall be made without written
authorization from the Division of Water Quality.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and /or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water gpality standards, statutes, or rules
occur.
7. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date
the Division of Land Resources has released the project.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
9. Continuing Compliance. The applicant (Erickson Retirement Communities, Mr. Mark Hunter) shall
conduct all activities in a manner so as not to contravene any state water quality standard
(including any requirements for compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of state and federal law. If DWQ determines that such standards
or laws are not being met (including the failure to sustain a designated or achieved use) or that
state or federal law is being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC
21-1.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide
opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any new or revised

conditions shall be provided to the applicant in writing, shall be provided to the United States Army
Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water
Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 150E of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville
Regional Office at 704 - 663 -1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919 - 733 -9721.
Sincerely,
for Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Sean Peffer, EMHT, 5500 New Albany Rd., Columbus, OH 43054

APPENDIX D
Stormwater Plan

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APPENDIX E
Cultural Resources Literature Review Letter

Evans, Mechwart. Hombleton & Tilton, Inc.
Engineers, Surveyors, Planners, Scientists
May 08, 2015
William Elliott
Regulatory Specialist
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Ave, Room 208
Asheville, NC 28801
Subject: The Erickson Matthews Site, Town of Matthews, Mecklenburg County, North Carolina
Dear Renee,
The proposed development will include three buildings, associated parking lots, internal
roadways, storm water management basins, and utility extensions. The project area is primarily
composed of a former cattle pasture with several areas of scattered trees. A portion of a
woodlot lies in the northwest corner of the project. A segment of high- tension transmission lines run
north to south near the eastern end of the project. We are seeking a Section 404 Permit through
the US Army Corps of Engineers and a 401 Water Quality Certification from the North Carolina
Division of Water Quality for this construction.
We reviewed the information contained on the NC SHPO's GIS mapping application and failed
to identify any National Register properties or other recorded properties in or near the vicinity to
this project. No buildings are currently present on the subject property. However, based on
review of the 1971 Matthews, N. C. Quadrangle 7.5 Minute Series (Topographic) map, two
houses and one outbuilding built before 1971 and another house built between 1971 and 1988
were located within the southwestern portion of the project area. Review of aerial photographs
show that the project once contained another residence built between 1988 and 1993. No other
maps could be located prior to 1971.
We are requesting information from your office pertaining to any potential effects the project
may have on historic properties. Thank you in advance for reviewing this document and I look
forward to your response. If you should have any questions concerning this project, please do not
hesitate to email or call me at 614 -775 -4526 or email jbrown @emht.com.
Respectfully,
EVANS, MECHWART, HAMBLETON & TILTON
j 1�2 ��,ct�
Joel Brown
Director of Cultural Resources Department
Enclosures:

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Exhibit 1. Overview of the project area.
Exhibit 2. Overview of the project area.
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Exhibit 3. Overview of the project area.
Exhibit 4. Overview of the project area.

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CITY OF MATTHEWS. MECKLENEIURG COUNTY. NORTH CAROLINA
The Erickson Retirement Community
Location Map
Engineer • Surveyon • Plonner • scientists Exhibit 1
5500 New Albany Rood. Cdumbus. OH 43054 SCALE. t' • 112 Mile
Phone: [phone] Toll Ree.8M.775.3648
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Phone: [phone] icwi Free. M8 7753648 eet Source USGS MaMews Ouad Map (Pub 19784
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Source. NW Wetlands -FWS. 2012.
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project area.

APPENDIX F
In -Lieu Fee Program Acceptance Letter

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North Carolina Department of Environment and Natural Resources
Pat McCrory Division of Mitigation Services Donald R. van der Vaart
Governor Secretary
July 14, 2015
Steven Montgomery
Windsor Run, LLC
701 Maiden Choice Lane
Baltimore, MD 21228 Expiration of Acceptance: January 14, 2016
Project: Windsor Run County: Mecklenburg
The purpose of this letter is to notify you that the NCDENR 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/CAMA permit within this time frame, this acceptance wi11 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 at www.nceep.net.
Based an the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation 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 CU Stream (feet) Wetlands (acres) Buffer I Buffer 11
Location (Sq. Ft.) (Sq Ft_)
Cold I Cool I Warm Riparian iparian Coastal Marsh
Impact I Catawba 0305(1103" 0 0 35 ( 0.37 4 Non-Riparian 0 I 0 1 1,050 0
* The Catawba 03 Expanded Service Area will be utilized for this impact. 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.
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 (919) 707 -8915.
Sincerely,
James. Stanfill
cc: William Elliott, USACE-
Asset Management Supervisor
Amelia Harris, agent
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: [phone] Internet: www.nceep.net
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A legacy of expedeme. A reputation for excellence.
PHOTOGRAPHS

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A fegmy of experience. A reputotion for excellence.
Photograph 1
Stream 1, an intermittent stream, facing northwest
(EMH &T, 4/7/2014)
Photograph 2
Wetland A, an herbaceous wetland, facing south
(EMH &T, 4/7/2014)

A legacy of experience. A reputation for excellence.
Photograph 3
Wetland B, an herbaceous wetland, facing southeast
(EMH &T, 41712014)
Photograph 4
Wetland D, an herbaceous wetland, facing west
(EMH &T, 4/7/2014)