20030461 Ver 1_Complete File_20030415

ASTON
p r o p e r t i e s
June 23, 2004
Mr. John Dorney
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Reference: DWQ# 03-0461
Dear John:
WETLANDS/401 GROUP
JUN 2 9 2004
WATER QUALITY SECTI,%,
As a follow up to our conversation earlier today, I am writing to document our
commitment to place "deed notifications or similar mechanisms on all lots with
remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and
ponds on the (subject) property." I appreciate your consideration of the difficulty we
would have in placing this deed notification prior to our purchase of the property, which
is presently still pending.
The subject property received the necessary rezoning approvals in April of this year. It is
possible the 53(x) acre tract will be subdivided and developed by more than one entity
and in phases. In keeping with the conditions of our wetlands permit, you and I agreed in
today's conversation that a deed notification could be recorded on the subject property,
whether subdivided or as a whole, at the time each portion is transferred from its current
owner, Timothy E. Fincher, et al, to a new entity.
The mitigation fee of fifty-four thousand dollars ($54,000) is being mailed under separate
cover to the Wetlands Restoration Program. I understand there are other conditions that
must be met in order for the 401 Water Quality Certification Approval to be valid. These
will be followed when development begins.
In addition, a copy of this letter will be forwarded to the owner as notice of this
requirement and to further clarify that any departure from the referenced approved and
permitted project will require notification to your office and possibly a new application
and re-certification.
Aston Properties, Inc.
6525 Morrison Blvd., Suite 300
Charlotte, NC 28211
704.366.7337
MA qr)q -q?1.ri Fax
T
Jc
Mr. John Dorney
June 23, 2004
Page 2 of 2
Please acknowledge your agreement with the above by countersigning in the space
provided below and returning one (1) original of this letter to me for my files. Thank you
for your assistance in this matter.
Sincerely,
Acknowledged and Accepted by:
ASTON PROPERTIES N.C. DIVISION OF WATER QUALITY
401 WETLANDS CERTIFICATION UNIT
L. le Partee By: 7/D a/ l/
Vice President Name: may-, af; a? ql?l Date
/
Pre-Construction Services Title: S - C r G l; ,f-f
?
Enclosures: Letter from DWQ dated October 28, 2003
USACE Action Id 200330142: General Permit Vertification ! faJ ?? ??
USACE Letter dated February 18, 2004
Letter to Wetlands Restoration Program dated June 23, 2004 w/ copy of fee payment
cc: Mr. Max Williams, WKB Homes
Mr. John Loberg, WKB Homes
Mr. Tian Fincher, landowner
Mr. Scott McLendon, Asheville Regulatory Field Office, USACE
=- Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 28, 2003
DWQ4 03-0461
Mecklenburg County
Ms. L. Karen Partee
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC, 28211
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions;
Wetland Restoration Program
Dear Mr. Partee:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.26 acre of jurisdictional
wetlands, 0.037 acre of isolated wetlands, 210 linear feet of intermittent streams and 270 linear feet of perennial streams in
order to construct the McKee Road - Weddington Road Commercial and Residential Development in Mecklenburg County,
as described in your revised application received by the Division of Water Quality (DWQ) on April 30, 2003, and in additional
correspondence received May 1, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer
Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification. This Certification replaces the one issued to you on July 30, 2003.
-U
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. If total wetland fills forAhis project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands ;
S 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
r.?lucic, installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
v a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act. A
NCDENR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htt2://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
1
Ms. L. Karen Partee
Page 2 of 3
October 28, 2003
f' 3: No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
C impacts depicted in the Pre-construction Notice Application. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
`4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If
1 IC- placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and
the natural grade restored within six months of the date that the Division of Land Resources has released the project.
1:x (% 5. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R.0402 and 15A NCAC 2B.0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have until June 30, 2004 to make this payment.
For accounting purposes, this Certification authorizes the fill of 210 linear feet of intermittent streams and 270 linear feet
of perennial streams in the Catawba River Basin, Cataloging Unit 03050103, and 270 linear feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of wetland impacts to
the nearest foot (15A NCAC 2R .0503(b));
6. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
c a 7. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to
notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401 /Wetlands Unit of the NC Division of Water Quality upon completion
of the project. Please send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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 which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
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 Mike Parker in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
C'
.. -.
Ms. L. Karen Partee
Page 3 of 3
October 28, 2003
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030461 rev

I - a
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 20033014?. County Mecklenhuro Quad MATTHRWS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Aston Properties, Inc., Att'n: Ms. L. Karen Partee WETLANDS 1401 GROUP
Address: 6525 Morrison Boulevard
Charlotte, NC 28211
Telephone No: JUN 2 9 2004
Zone: 44 UTM or LAT/LONG: North: 3882326 East: 475232 WATER QUALITY SECTION
Size and Location of project (water body, road namelnumber, town, etc.) ; Mckee Road - Weddington Road
Commercial and Residential Development located on approx. 53 acre tract in Matthews, NC.
Description of Activity: Impact 0.26 acre of wetlands and 480 LF of intermittent, unnamed tributaries to Four
Mile Creek for the purpose of accommodating the construction of the above referenced development. Of the 480
LF of channel impact, 270 LF has been determined to have "unimportant" aquatic function.
The permittee shall mitigate for 270 linear feet of unavoidable impacts to perennial stream channel associated
with this project by payment to the North Carolina Wetlands Restoration program (NCWRP) in an amount
determined by NCWRP, sufficient to perform 270 linear feet of warm water stream restoration in the Catawba
River basin (Cataloging Unit 03050103). Construction within streams shall begin only after the permittee has
made full payment to the NCWRP, and the NCWRP has provided written confirmation to the Corps that it agrees
to accept responsibility for the mitigation work required, in compliance with the MOU between the NCDENR
and the Corps of Engineers, Wilmington District, dated November 4, 1998.
Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW39 Nationwide Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]. For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWT. Any violation of the conditions of
the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and
local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTOMAVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF
February 18, 2004
Regulatory Division
Action ID. 200330142
L. Karen Partee
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, North Carolina 28211
Dear Ms. Partee:
WETLANDS 1401 GROUP
JUN 2 9 .2004
WATER QUALITY SECTION
Reference is made to our letter dated May 19, 2003 in which we authorized the placement
of fill material into approximately 480 linear feet of stream and 0.26 acres of wetlands, off
McKee Weddington Road, Near Matthews, Mecklenburg County, North Carolina. As a
condition of your permit, you were required to make payment to the North Carolina Wetland
Restoration Fund in an amount sufficient to restore 270 linear feet of warm water stream.
Through coordination with the NC WRP, we have been informed that an invoice for
$54,000.00 was sent to the above address on 19 June 2003 but that the NC WRP has no record of
having received your payment. You should be aware that if the work that was authorized has
been completed that we consider this to be a violation of Section 301 of the Clean Water Act (33
USC 1311). You are directed to submit the required payment to the NC WRP immediately, or
further legal or administrative action may be taken against you, including a directive to remove
the fill material from waters or wetlands. If you have made the required payment to the NC
WRP, please provide proof of that payment to this office and the NC WRP.
In the event that you have elected not to perform the authorized work as specified in your
original Department of the Army Permit, or have elected to delay construction until a later date,
please inform the undersigned to allow us to make the necessary correction to our records.
If you have any questions or comments regarding this correspondence, I may be
contacted in Asheville Regulatory Field Office, Regulatory Division, telephone [phone]. X 2 2Z
Sincerely,
Scott McLendon i
Chief, Asheville Regulatory Field Office

_ A STON
P r o p e r t i e s
June 23, 2004
N.C. Division of Water Quality
Wetlands Restoration Program
ATTN: Ms. Carol Shaw
1619 Mail Service Center
Raleigh, NC 27699-1619
Reference: DWQ# 03-0461
Dear Ms. Shaw:
WETLANDS /401 GROUP
JUN 2 9 2004
WATER QUALITY SECTION
Enclosed is the mitigation fee of fifty-four thousand dollars ($54,000) as outlined in the
letter dated October 28, 2003 from Alan Klimek of the N.C. Division of Water Quality
(attached). As stated in that letter, our deadline for payment of this fee is June 30, 2004.
I await your verification that this fee has been received and processed.
Should you need to reach me, please call 704-319-4922. Thank you for your assistance.
Sincerely,
ASTON PROPERTIES
L. Kar Partee
Vice President
Pre-Construction Services
Enclosure: Payment as stated
Letter as referenced
cc: Mr. Max Williams, WKB Homes
Mr. John Loberg, WKB Homes
Mr. Tim Fincher, landowner
Mr. Scott McLendon, Asheville Regulatory Field Office, USACE
Aston Properties; inc.
65'", i"orlisall EN('!., Suit:' 3OG
Crrurioite. ('JC 23`11
704. 366 73;}7
704. 366. ) 5 Fax
Personal Account Information Redacted
O?O? W AT ?RQG' r
5 _q
O <
October 28, 2003
DWQ# 03-0461
Mecklenburg County
Ms. L. Karen Partee
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC, 28211
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions,
Wetland Restoration Program
Dear Mr. Partee:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.26 acre of jurisdictional
wetlands, 0.037 acre of isolated wetlands, 210 linear feet of intermittent streams and 270 linear feet of perennial streams in
order to construct the McKee Road - Weddington Road Commercial and Residential Development in Mecklenburg County,
as described in your revised application received by the Division of. Water Quality (DWQ) on April 30, 2003, and in additional
correspondence received May 1, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. This approval is also valid for the. Catawba River Mainstem and Lake Buffer
Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification. This Certification replaces the one issued to you on July 30, 2003.
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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htip://h2o.enr.state.nc.us/ncwetiands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Ms. L. Karen Partee
Page 2 of 3
October 28, 2003
3. 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 Pre-construction Notice Application. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. 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 six months of the date that the Division of Land Resources has released the project.
5. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have until June 30, 2004 to make this payment.
For accounting purposes, this Certification authorizes the fill of 210 linear feet of intermittent streams and 270 linear feet
of perennial streams in the Catawba River Basin, Cataloging Unit 03050103, and 270 linear feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program,(WRP) rules require rounding of wetland impacts to
the nearest foot (15A NCAC 2R .0503(b));
6. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
7. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to
notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion
of the project. Please send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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 which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
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 Mike Parker in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
Ms. L. Karen Partee
Page 3 of 3
October 28, 2003
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030461 rev

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Ms. L. Karen Partee Aston Properties, Inc. has permision as outlined
below to fill 210 linear feet of intermittent streams and 270 linear feet of perennial streams in order to construct the McKee
Road - Weddington Road Commercial and Residential Development in Mecklenburg County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS.NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION: McKee Road - Weddington Road Commercial and Residential Development
COUNTY: Mecklenburg
BASIN/SUBBASIN Catawba (03-05-01-03)
Impacts:
210 linear feet of intermittent streams
270 linear feet of perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
270 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated
April 23, 2003, the WRP indicated that up to 540 linear feet of stream mitigation will be conducted by WRP if necessary
for the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 211 .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
L
imap://bev.strickland%40dwq.denr.ncmail.net@ cros.ncmail.net:143/f...
Subject: [Fwd: Fw: Fw: DWQ 03-0461- McKee Road - Weddington Road Commercial and Residential
Village]
From: Cyndi Karoly <[e-mail]>
Date: Thu, 23 Oct 2003 11:09:51 -0400
To: [e-mail]
Subject: Fw: Fw: DWQ 03-0461- McKee Road - Weddington Road Commercial and Residential
Village
From: "Len Rindner" <[e-mail]>
Date: Tue, 21 Oct 2003 15:28:45 -0400
To: <[e-mail]>
Cyndi:
Based on my communication with NCWRP below - could you rewrite the 401 to include something like this
No authorized impacts can occur until the mitigation payment to the NCWRP has been made, but no later
than June 30, 2004 (or whatever your comfortable with - this was the date the developer requested). There
not trying to get out of it - the site became unexpected controversial.
Thanks again for your help. I'll try to leave you alone for a while after this.
Len
----- Original Message -----
From: Ron Ferrell
To: Len Rindner
Cc: Carol Shaw ; Cvndi Karolv
Sent: Tuesday, October 21, 2003 3:09 PM
Subject: Re: Fw: DWQ 03-0461- McKee Road - Weddington Road Commercial and Residential Village
Len,
Permits have been issued for this project and we have agreed to accept the responsibility for the
mitigation as specified in the permit. However, our responsibility does not begin until payment is
received. You do NOT need any further notice from WRP concerning whether or not we will accept
payment - we have agreed to accept as indicated in the permit and we will not withdraw this
authorization.
It is totally up to the regulatory agencies, DWQ and COE, to decide whether or not they are willing to
allow extra time for the payment. As stated earlier, until we receive notice that your payment time has
been extended this project will show up on our list as: Invoice sent but not paid.
Ron
Len Rindner wrote:
1 of 2 10/23/2003 11:11 AM
imap://bev.strickland%40dwq. denr.ncmail. net @ cros.ncmail.net:143/f...
Ron, Carol: See Cyndi's comment to me below. May be I'm not asking right. I think the your approval
letter states the the approval expires in 6 six months. I guess we need an extension of this
letter. Thanks for your help. Len
----- Original Message -----
From: Carol Shaw
To: Len Rindner
Sent: Tuesday, October 21, 2003 9:00 AM
Subject: Re: Fw: DWQ 03-0461- McKee Road - Weddington Road Commercial and Residential Village
Mr. Rindner,
We have invoiced this project on June 19, 2003. We have copies of the permits issued. In order to
extend this we will need a letter from the Corps of Engineers approving an extention for this
project. Until we receive that letter we will continue to report that payment for this project is
overdue.
Thank you,
Carol
Len Rindner wrote:
Ron, Carol: My client, Aston Properties is requesting an extension of eligibility to utilize the
NCWRP for stream mitigation. The delay is due to unforeseen and unanticipated local zoning
issues between two jurisdictions (Charlotte and Matthews) and public controversy. While the zoning
process appears to be starting again, the developer has requested as much additional time as
possible due to many unknowns, preferrably until June 2004 if possible. Let me know if I need to
forward a formal letter and issued permits from the USACE and NCDWQ. My client would
appreciate your consideration. Thanks. Len Rindner
----- Original Message -----
From: Cyndi Karolv
To: Len RindnerSent: Monday, October 20, 200310:25 AMSubject: Re: DWQ 03-0461- McKee Road -
Weddington Road Commercial and Residential Development
Ask the WRP to grant you an extension. If they will, I will modify the 401 accordingly without
re-application. Send it to my attention so as not to confuse others.
Len Rindner wrote:
Cyndi: It appears that this project will start going again, but after the October 31, 2003 extension
that you granted in July. Can we get another extension or should I re-apply?. Is it possible to get
an extension from the WRP and not resubmit the application? Thanks. Len
2 of 2 10/23/2003 11:11 AM
WAIF Michael F. Easley, Governor
F
9
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-1 Uj

_
D Alan W. Klimek, P.E. Director
>
6U Division of Water Quality
=
0
D

July 30, 2003
DWQ# 03-0461
Mecklenburg County
Ms. L. Karen Partee
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC, 28211
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions,
Wetland Restoration Program
Dear Mr. Partee:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.26 acre of jurisdictional
wetlands, 0.037 acre of isolated wetlands, 210 linear feet of intermittent streams and 270 linear feet of perennial streams in
order to construct the McKee Road - Weddington Road Commercial and Residential Development in Mecklenburg County,
as described in your revised application received by the Division of Water Quality (DWQ) on April 30, 2003, and in additional
correspondence received May 1, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer
Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification. This Certification replaces the one issued to you on June 10, 2003.
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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2171 .0402 and 15A NCAC 213 .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H.0506(h) and 15A NCAC 2B.0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have until October 31 to make this payment.
For accounting purposes, this Certification authorizes the fill of 210 linear feet of intermittent streams and 270 linear feet
of perennial streams in the Catawba River Basin, Cataloging Unit 03050103, and 270 linear feet of stream mitigation is
required. Please be aware that the Wetland Restoration Program (WRP) rules require rounding of wetland impacts to
the nearest foot (15A NCAC 2R .0503(b));
3. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly. A-A
N&
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
4. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to
notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401IMetlands Unit of the NC Division of Water Quality upon completion
of the project. Please send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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 which conforms to
Chapter 1506 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 Mike Parker in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919=733-9721.
Sincerely, A
I_
Alan . Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030461
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Ms. L. Karen Partee Aston Properties, Inc. has permision as outlined
below to fill 210 linear feet of intermittent streams and 270 linear feet of perennial streams in order to construct the McKee
Road - Weddington Road Commercial and Residential Development in Mecklenburg County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION: McKee Road - Weddington Road Commercial and Residential Development
COUNTY: Mecklenburg
BASIN/SUBBASIN Catawba (03-05-01-03)
Impacts:
210 linear feet of intermittent streams
270 linear feet of perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
270 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated
April 23, 2003, the WRP indicated that up to 540 linear feet of stream mitigation will be conducted by WRP if necessary
for the 404 Permit,
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
z.
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
April 10, 2003
Ms. Cyndi Karoly - Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Steve Chapin - US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801- 5006
Mr. Ron Ferrell - NCDENR-Wetland Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Mr. Alan Johnson - NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
JUL .IV, GROUP
,4 1 2003
AgH QoAgp SECTION
Re: Aston Properties - McKee Road Weddington Road Commercial and Residential Village,
Matthews, Mecklenburg County, NC - + 55 Acres
Dear Cyndh
On behalf of my client, Aston Properties, I am requesting an extension (or delay in use) of the permits and
submittal of the payment to the North Carolina Wetland Restoration Program due unforeseen local
circumstances involving zoning, public controversy, and site plan approvals in Charlotte and Matthews,
North Carolina. As indicated in the letter, the project will likely begin to move forward again in November
of 2003 with a zoning approval probably in early 2004.
_Please review the attached letter from Aston Properties. I would appreciate your consideration of this
request. The developer has requested a response in writing. Please contact me if you have any questions or
require additional explanation.
Thank you fpro* consideration and assistance regarding this matter.
Leonard S. Rindner, PWS
Environmental Planning Consultant
z
ASTON
p r o p e r t i e s
July 8, 2003
Mr. Len Rindner
3714 Spokeshave Lane
Matthews, NC 28105
Reference: Intersection of Weddington Road and McKee Road
Charlotte, Mecklenburg County, North Carolina
DWQ #03-0461
Dear Len:
As discussed earlier today, I would appreciate your assistance in seeking an extension to
the wetlands permit issued by DWQ. Due to unforeseen circumstances we are delaying
the timing of. this project. This delay has been advised by our legal counsel and
recommended by members of Town Council in order to separate ourselves from another
controversial rezoning currently in process. Additionally, site plan changes arose while
studying the impact of our project to neighboring properties requiring resolution prior to
a rezoning submittal. At this time we anticipate filing for rezoning in November with a
decision in early 2004. This would allow us to begin production of our documents for
permitting and construction in mid-spring. Due to the various unknowns at this time, we
feel it would be prudent to delay payment of the wetlands fee until we are sure the
purchase of the property will occur.
An extension until June 2004 should allow us to know that all issues are resolved and the
project will definitely proceed. Should you need any additional information, please let
me know; otherwise, I would appreciate a letter confirming this extension is in fact in.
place.
Sincerely,
ASTON PROPERTIES, INC.
L. Karen Partee
Vice President
Pre-Construction Services
Aston Properties, Inc.
6525 Morrison Blvd., Suite 300
Charlotte, NC 28211
704.366.7337
704, 365. 3215 Fax
06/12/2003 02:21 7043653215 ASTON PROPERTIES INC PAGE 02/12
?p4 WAZe,6 lliam ?. usury, uovemor
William G. Rotas Jr., Secretary
O G North Carolina Department of Environment and Natural Resources
.9 Alan W. Klimek, P.E. Director
r Division of Water Quality
5
--f
01
June 10, 2003
DWQ# 03.0461
Mecklenburg County
Ms. L. Karen Partee
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC, 28211
APPROVAL of 401 Water Ouality Certification and Catawba River Buffer Rules with Additional Conditions,
Wetland Restoration Program
Dear Mr. Partee:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.26 acre of jurisdictional
wetlands, 0.037 acre of isolated wetlands, 210 linear feet of Intermittent streams and 270 linear feet of perennial streams in
order to construct the McKee Road - Waddington Road Commercial and Residential Development in Mecklenburg County,
as described in your revised application received by the Division of Water Quality (DWQ) on April 30, 2003, and In additional
correspondence received May 1, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3402, which can be viewed on our web site at
htin-//h2o.enr.state.ne.us/n,owatlan ds. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer
Protection Rule (15A NCAC 26.0243). In 'additcon, you should get any other federal. state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at htta:/fi2o.enr.state.nc.us/ncwetlands ;
2. We understand that you have chosen. to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 28.0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 21-11.0506(h) and 15A NCAC 2B.0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 210 linear feet of
intermittent streams and 270 linear feet of perennial streams in the Catawba River Basin, Cataloging Unit 03050103,
and 270 linear feet of stream mitigation Is required. Please be aware that the Wetland Restoration Program (WRP)
rules require rounding of wetland impacts to the nearest foot (15A NCAC 2R .0503(b));
3. The culverts required for this project shall be installed in such a manner that the original stream prof lies are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
NM-NR
N. C. Division of Water Quality 1617 Mail Service Canter Raleigh, NC 27899.1617 [phone] Customer Service
1 800 623-7748
06/12/2003 02:21 7043653215 ASTON PROPERTIES INC PAGE 03/12
The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Duality,
4. Upon. completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to
notify NCDWO when all work included in the §401 Certification has been completed. The responsible party shalp?t'ce
complete the attached form and return it to the 401 Wetlands Unit of the NC Division of Water Quality upon
of the project. Please send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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 which conforms to
Chapter 1508 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 Mike Parker in the Mooresville Regional Office at 704-863-1699 or Cyndi Karoty in the
Central Office in Raleigh 919-733-9721-
Sincerely,
AWK/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWO Regional Office
11-1 Alan W. Klimek. P.E.
Central Files
File Copy
Lon Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030461
06/12/2003 02:21 7043653215 ASTON PROPERTIES INC PAGE 04/12
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER OUALfTY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 1 SA NCAC 2 H .0500. Ms. L. Karen Partee Aston Properties, Inc. has permision as outlined
below to Jill 210 linear feet of intermittent streams and 270 linear i6bt-of-p0en6nal streams in order to construct the McKee
Road - Weddington Road Commercial and Residential Development in Mecklenburg County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION: McKee Road - Waddington Road Commercial and Residential Development
COUNTY: Mecklenburg
BASIN/SUBBASIN Catawba (03.05-01-03)
Impacts:
210 Linear feet of intermittent streams
270 linear feet of perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
270 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated
April 23, 2003, the WRP indicated that up to 540 linear feet of stream mitigation will be conducted by WRP if necessary
for the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be. rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NGAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200330142 County M ckP lenburg Quad MATTHF.WS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
...-...?__._ _.
Property owner: .._ Aston Properties, Ir c., Att'n: Ms. L. Karen Partee
Address: 6525 Motriso`n Boulevard
Charlotte, NC 28211
Telephone No:
Zone: 44 UTM or LAT/LONG: North: 3882326 East: 475232
Size and Location of project (water body, road name/number, tow _) ; Mckee Road - Weddington' Road
Commercial and Residential Development located on approx. 53 acre tract in Matthews, NC.
Description of Activity: Impact 0.26 acre of wetlands and 480 LF of intermittent, unnamed tributaries to Four
Mile Creek for the purpose of accommodating the construction of the above referenced development. Of the 480
LF of channel impact, 270 LF has been determined to have "unimportant! 'aquatic function.
The permittee shall mitigate for 270 linear feet of unavoidable impacts to perennial stream channel associated
with this project by payment to the North Carolina Wetlands Restoration program (NCWRP) in an amount
determined by NCWRP, sufficient to perform 270 linear feet of warm water stream restoration in the Catawba
River basin (Cataloging Unit 03050103). Construction within streams shall begin only after the permittee has
made full payment to the NCWRP, and the NCWRP has provided written confirmation to the Corps that it agrees
to accept responsibility for the mitigation work required, in compliance with the MOU between the NCDENR
and the Corps of Engineers, Wilmington District, dated November 4, 1998.
Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NW39 Nationwide Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWT) provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]. For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and
local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: May 19, 7003
Corps Regulatory Official: Stephen D. Chapin Telephone No.: [phone] x 5
Expiration Date of Verification: May 19, 2005
cc: Mr. Leonard S. Rindner
Mr. Ronald E. Ferrell, NCDENR - WRP, 1619 Mail Service Center, Raleigh, NC 27699-1619
CESAW Forth 591
Revised July 1995
North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
INVOICE
June 19, 2003
Leonard Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
Re: Project: McKee/Weddington Road Village
County: Mecklenburg
DWQ#: 03-0461
COE#: 200330142
NCDENR
You have chosen to satisfy the compensatory mitigation requirements of the Section 401/404
permit issued for McKee/Weddington Road Village, DWQ number 03-0461 through payment of a fee to
the North Carolina Wetlands. Restoration Fund. In accordance with 15A NCAC 2H.0500, your fee has
been calculated as follows (Please note: payment for wetlands is calculated in increments of 0.25 acres):
Stream
270 linear feet
TOTAL OF PAYMENT
X $ 200.00 = $54,000.00
$54,000.00
Please mail a check in the amount of $54,000.00 made payable to:
NC DENR Wetlands Restoration Fund to the address below.
If you have any questions concerning this payment,
please contact Carol Shaw at [phone].
NC DENR/Wetlands Restoration Program
1619 Mail Service Center
Raleigh, North Carolina 27699-1619
PAYMENTS ARE NON-REFUNDABLE
PLEASE NOTE, YOU MUST RECEIVE NOTIFICATION FROM THE WETLANDS
RESTORATION PROGRAM THAT YOUR PAYMENT HAS BEEN RECEIVED PRIOR TO
CONDUCTING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT
AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Aston Properties
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]
?f ?0, WArF?Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
`O G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Division of Water Quality
is Y
Ms. L. Karen Partee
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC, 28211
June 10, 2003
DWQ# 03-0461
Mecklenburg County
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions,
Wetland Restoration Program
Dear Mr. Partee:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.26 acre of jurisdictional
wetlands, 0.037 acre of isolated wetlands, 210 linear feet of intermittent streams and 270 linear feet of perennial streams in
order to construct the McKee Road - Weddington Road Commercial and Residential Development in Mecklenburg County,
as described in your revised application received by the Division of Water Quality (DWQ) on April 30, 2003, and in additional
correspondence received May 1, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer
Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. We understand that you have chosen. to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R.0402 and 15A NCAC 2B .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B.0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 210 linear feet of
intermittent streams and 270 linear feet of perennial streams in the Catawba River Basin, Cataloging Unit 03050103,
and 270 linear feet of stream mitigation is required. Please be aware that the Wetland Restoration Program (WRP)
rules require rounding of wetland impacts to the nearest foot (15A NCAC 2R .0503(b));
3. The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead of
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
4. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to
notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion
of the project. Please send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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 which conforms to
Chapter 1506 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 Mike Parker in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721.
Sincerely,
I ? ?CZ/L V
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030461

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Ms. L. Karen Partee Aston Properties, Inc. has permision as outlined
below to fill 210 linear feet of intermittent streams and 270 linear feet of perennial streams in order to construct the McKee
Road - Weddington Road Commercial and Residential Development in Mecklenburg County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION: McKee Road - Weddington Road Commercial and Residential Development
COUNTY: Mecklenburg
BASIN/SUBBASIN Catawba (03-05-01-03)
Impacts:
210 linear feet of intermittent streams
270 linear feet of perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
270 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated
April 23, 2003, the WRP indicated that up to 540 linear feet of stream mitigation will be conducted by WRP if necessary
for the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
WA Michael F. Easley, Governor
??0? r?RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7
Alan W. Klimek, P.E. Director
-i Division of Water Quality
T
1s. L. Karen Partee
,ston Properties, Inc.
525 Morrison Boulevard
;harlotte, NC, 28211
June 10, 2003
DWQ# 03-0461
Mecklenburg County
,PPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions,
Wetland Restoration Program
ear Mr. Partee:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.26 acre of jurisdictional
etlands, 0.037 acre of isolated wetlands, 210 linear feet of intermittent streams and 270 linear feet of perennial streams in
-der to construct the McKee Road - Weddington Road Commercial and Residential Development in Mecklenburg County,
s described in your revised application received by the Division of Water Quality (DWQ) on April 30, 2003, and in additional
)rrespondence received May 1, 2003. After reviewing your application, we have determined that this fill is covered by
eneral Water Quality Certification Number 3402, which can be viewed on our web site at
tp://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
I the U.S. Army Corps of Engineers. This approval is also valid for the Catawba River Mainstem and Lake Buffer
rotection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go
lead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
'atershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
)ecified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your:
oject, you must notify us in writing and you may be required to send us a new application for a new certification. If the
operty is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
implying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
itigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
inditions listed in the attached certification, as well as the additional condition listed below:
Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or
areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of
the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be
downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R.0402 and 15A NCAC 2B.0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H.0506(h) and 15A NCAC 2B.0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -'Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 210 linear feet of
intermittent streams and 270 linear feet of perennial streams in the Catawba River Basin, Cataloging Unit 03050103,
and 270 linear feet of stream mitigation is required. Please be aware that the Wetland Restoration Program (WRP)
rules require rounding of wetland impacts to the nearest foot (15A NCAC 2R .0503(b));
The culverts required for this project shall be installed in such a manner that the original stream profiles are not altered
(i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions
(including the pattern and profile) are to be maintained above and below locations of each culvert. The culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a
perched manner, the pipes shall be removed and re-installed correctly.
The Applicant must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable instead
rip rap or other bank hardening methods; If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality;
4. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form t
notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion
of the project. Please send photographs upstream and downstream of each culvert site to document correct installatioi
along with the Certificate of Completion form.
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 which conforms to
Chapter 1506 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 Mike Parker in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721'.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office.
Mooresville DWQ Regional Office
Central Files
File Copy
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
030461
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Ms. L. Karen Partee Aston Properties, Inc. has permision as outlined
Blow to fill 210 linear feet of intermittent streams and 270 linear feet of perennial streams in order to construct the McKee
oad - Weddington Road Commercial and Residential Development in Mecklenburg County, North Carolina. All
:tivities associated with these authorized impacts must be conducted with the conditions listed in the attached
mification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
OMPENSATORY MITIGATION REQUIREMENT
'ETLAND RESTORATION PROGRAM
DCATION: McKee Road - Weddington Road Commercial and Residential Development
RUNTY: Mecklenburg
4SIN/SUBBASIN Catawba (03-05-01-03)
)pacts:
0 linear feet of intermittent streams
'0 linear feet of perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
9 above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
?nducting any activities that impact or degrade the waters of the state.
itigation:
'0 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In correspondence dated
)ril 23, 2003, the WRP indicated that up to 540 linear feet of stream mitigation will be conducted by WRP if necessary
the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
a fee to the Wetlands Restoration Fund per NCAC 213 .0503. If you choose this option, please sign this form and mail it
the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
it to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
:CEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
IOGRAM.
:nature Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
North Carolina
Department of Environment and Natural Resources NIPFA
Michael F. Easley, Governor
William G. Ross Jr., Secretary NCDENR
Leonard S. Rindner, PWS April 23, 2003 WETLANDS/401 GROUP
Environmental Planning Consultant MAY 0 1
3714 Spokeshave Lane 2003
Matthews, NC 28105 WATER QUALITY SECTION
Subject: Project: McKee/Weddington Road Commercial & Residential Village
County: CmhbT&- /14 & k 1, ?
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is
willing to accept payment for stream impacts associated with the subject project. Please note that the decision by
the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be
approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is
the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts
associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated April 10, 2003 the stream restoration that is necessary
to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table.
Stream
(linear feet) Wetlands Riparian
(acres) Riparian Buffer
(ft2)
Impacts 270
-Mitigation Maximum 540
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404
Permit for impacts associated with the subject project in Cataloging Unit 03050103 of the Catawba River Basin.
The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4,
1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Ronald E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE-Asheville
Allen Johnson, DENR Mooresville Regional Office
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Michael L Parker
WO Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name McKee Road - Weddington Road County Mecklenburg
Project Number 03 0461 County2
Recvd From APP Region' Mooresville
Received Date 4/15/03 Recvd By Region 4/29/2003
Project Type Commercial / Residential Development
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index- Prim. Supp. Basin Req. Req. -
F39 OTH F7_0 N 11-137-9-4 rr C 30,834. 0.09 480.00 270.00 210.00
F-F-FY ON F F_ Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream 270.00
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 350834 Longitude (ddmmss) 807283
Comments:
The applicant proposes to utilize NWP #39 during the development of a residential and commercial
mixers use development, Current land use is undeveloped (secondary successional) woodland and
old agricultural areas- The site also has a pprox. 1.1 acres of wetlands and approx. 954 feet of
intermittent and perennial channels. Impa cts proposed by the applicant include approx. 0.26 acres of
wetland full- approx, 270 If of important (mst ng je) intermittent to perennial channel, and approx.
210 If of unim o? on-mitigatable) inte rmittent to perennial channel. For impacts to those
channels which have been found to be miti gatable, the applicant is proposing to contribute $54,000
to the WRP. The remaining channels will be protected by 50-foot buffers to the extent feasible. The
stream to be impacted is not on the Divisio n's 3030 list of impaired waters.
cc: Regional Office
Central Office Page Number 1
McKee Road Weddington Road
mments (continued from page 1):
County Mecklenburg
Regional Contact:
Michael L Parker
cc: Regional Office Page Number 2
Central Office
Triage Check List
Date: Jam" 3 Project Name: &
Com - - P?es;?eF
DWQ#: 01 G61
County: healenb±-pCo
To: ? ARO Mike Parker ? WaRO Tom Steffens
FRO Ken Averitte ? WiRO Noelle Lutheran
MRO Alan Johnson ? WSRO Cyndi Karoly (Central Office)
? RRO Steve Mitchell
From: CA ':C-) CV)1N©,L-)L7=Mo n Telephone : (919) The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
,? Wetland determination and distance to blue-line surface waters on USFW topo maps
LJ Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Q ??C'Ylo??i Jc;
Comments: A f P, W e?cQ,

Cyr-
/7??--G??a?r„yam I??t
WErLANDS/401 GROUP
APR 3 0 1003

WATER QUAVY SECTION

Office Use Only: -
Form Version May 2002
USACE Action ID No. DWQ No. , W TI atinc 14nd AnA
(If any particular item is not applicable to this project, please enter "Not Applicable" or " UP
L Processing APR 3 0 2003
VYATER QUALITY SECTION
1. Check?ll of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here•
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and" the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Ms. L. Karen Partee
Mailing Address: Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte NC 28211
Telephone Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704 846 0461 Fax Number: 704 847 0185
E-mail Address: rindner _ bellsouth net
Fax Number:
Page I of 8
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mapguest.com etc.).
Cumulative impacts (linear distance in feet) to all streams on site. 480 If (270 important, 2-10
unimportant)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
. Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on map)
Type of Impact* Area of
Impact
acres Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
A NWP #39 .09 Farm pond Farm pond

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: tut, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a- pond is proposed, associated wetland and stream impacts should be
included above in the' wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout'pond,
local stormwater requirement, etc.): Stormwater treatment ponds will be developed to meet
the stormwater management requirements of the 401 Water Quality Certification. The ponds
will also be incomorated into the plan as an aesthetic element.
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The plan was modified to avoid impacts to the perennial stream and wetland complex. The
plan limits impacts to previously disturbed areas in the propsed commercial area. The residential
area was significantly modified to avoid the perennial stream and wetland complex.
Page 5 of 8
VIII. Mitigation
DWQ In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
.
hgp://h2o.enr.state.ne.us/ncwetlands/strmgide.html
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed project design preserves the important wetland and perennial stream
complex within protected common open space. The buffer plan will be submitted to the
USACE for approval Buffers are gWggted to be a minimum of 50' to the extent feasible.
Areas of the buffer will be re-vegetated with forested vegetation if encroachment is required
for grading purposes Mitigation for the proposed impacts to the intermittent to perennial
streams with important aquatic value are proposed to be met through utilization of the
Wetland Restoration Program
Page 6 of 8
\
General Wetland Classification and Description
The site is within_drainage areas of an unnamed tributary of Four Mile Creek in the Catawba River Basin.
Four Mlle Creek is not on the 303d list of unpaired waters. The current land-use is undeveloped
woodland and agricultural areas. The woodlands are in secondary succession, however there are some large
specimens. The wetland areas can be classified, as Palustrine Broad Leaved, Scrub Shrub Temporarily
Flooded, and Emergent areas (PFOlA, PSS1A, PEM1C). The hydric soil indicators included gleyed and
low chroma conditions, and concretions. The site includes Iredell, Helena, and Monacan soils. These soils
are map units which may have inclusions of hydric soils according to the Natural Resource Conservation
Service, Technical Guide- Section H-A-2, June 1991. The perennial streams have important aquatic value.
Characteristics include evidence of persistent pools; amphibians and macro-invertebrates; evidence of
wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate.
Veaetative Communities
A majority of the site is in various stages of field succession from formerly farmed areas and woodland in
succession from timbering activities.
Bottomland Hardwood/Headwater Forest
The Bottomland Hardwood and Headwater Forests on this site have developed in the moderately sloping
drainage ways. Species, which occur in these areas, include willow oak, sweetgum, red maple, hackberry,
red oak, ironwood, and other typical species that tolerate these wet and shallow root conditions.
Open Field
This includes all cleared non wetland areas dominated by herbaceous plants. These have been periodically
mowed and are dominated by pasture grasses and perennial herbs including broomsedge, goldenrod, and
bush clover. Other areas have been undisturbed for longer and are in transition to dominant species such as
blackberry, greenbriar, redcedar, pines, and saplings.
Mixed Forest
The non-wetland forested areas of the site 'are dominated by mixed forest. The Mixed Forest is
characterized by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas
may have a predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly
pine, with eastern redcedar. Hardwoods include pine, sweetgum, red maple, red oak, white oak, tulip poplar,
hickory, and other common species. The subcanopy contains saplings and seedlings of canopy species.
Other subcanopy species include black cherry, holly, dogwood, ehn, and privet. Woody vines common in
the understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wetlands: Southeast (Region 2), US Department of the Interior, Fish and Wildlife Service.
Jurisdictional Raters of the U.& and Description
1) Wetland (PFOIA, PSS1A, PFO1C) + 1.070 acres
2) Perennial to Int. Streams (± 95410 ± 0.123 acres
3) Ponds ± 0.090 acres
4) Isolated + 0.037 acres
Total Jurisdictional Waters* + 1.283 acres
Total Isolated Wetlands ± 0.037 acres
STATE OF NORTH CAROLINA
COUNTY
I, , a Notary Public of the State of North Carolina, ,
County, hereby certify that owner personally appeared before me this day and executed by
above certification.
Witness my hand and notarial seal, this day of
2003
(Notary public)
My commission expires
Threatened and Endangered Species
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower
and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields,
margins, and forested openings. Aased_. on, _a review of thae site habitat conducive to support the
Schweinitz's sunflower is not present in the proiect anm The Carolina heelsplitter is a freshwater mussel,
which prefers shaded areas either, in a ponded portion of a small stream or in runs along steep banks with
moderate current. Primary habitat is waters less than three feet deep with a soft mud, muddy sand, or shady
gravelly substrate. It is normally restricted to protected silted areas or under banks especially associated
with obstructions such as stumps or fallen trees. Its current distribution according to the U.S. Fish and
Wildlife Service is limited to portions of two streams - Goose Creek and Waxhaw Creek - and a small
river originating from rural areas in Union County. Therefore it is not expected to occur on this site.
Aquatic Habitat
The aquatic systems in the project area consist of tributaries in the Catawba River Basin. A variety of
wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control
plan will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. The Carolina Darter (Etheostoma collis) is a fish that
inhabits small streams such as those found in the project area This species has a federal status of Proposed
Special Concern and a state status of Special Concern. The species prefers small clear streams of less than
15' width with moderate to swift current and a sand/gravel benthic composition. It apparently tolerates a
wide range of water quality conditions and vegetation types adjacent to the streams and appears resistant to
pollution. Therefore, strict adherence to an approved erosion and sedimentation control plan will be
maintained during the construction period in order to control degradation of water quality.
Cultural Resources
The project site is disturbed from previous agricultural activities. The State Historic Preservation -Office
may review of the USGS maps at the Office of State Archaeology and the Survey and Planning Office of
the North Carolina Department of Cultural Resources to determine if sites are indicated on the National
Historic Register within the study area
6

BILE COPY o3a461
a
McKee Road - Weddington Road
Commercial and Residential
Development
Matthews, North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE
SECTION 401 CERTIFICATION CONCURRENCE
Prepared For:
Ms. L. Karen Partee
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC 28211
704-319-4922
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
W EZANdS1401 ,.
'??OUP
APR 15 2003
*Subject to verification by the USACE and NCDWQ
Date : 4/2003
1
I
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Ms. L. Karen Partee
Mailing Address: Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte NC 28211
Telephone Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner PWS
Company Affiliation: Environmental Planning Consultant
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704 846 0461 Fax Number: 704 847 0185
E-mail Address: rindner@,.bellsouth.net
Fax Number:
Page 1 of 8
III. Project Information
Attach a vicinity maP clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a de led site plan
thshowing1P?P? p the boundaries and development plans in relation to surrounding properties.
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes,
USACE requires information to be submitted on sheets no larger than 11 sby 17-inch format;
ize construction
however, DWQ may accept paperwork of any size. DWQ prefers
are
drawings rather than a sequential sheet version
is ill egibfull-size le, the appal cantlwill bll- e l plans
uiformed that
reduced to a small scale such that the final version
the project has been placed on hold until decipherable maps are provided.
1. Name of project: McKee Road Weddin on Road Commercial and Residential Village
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location Nearest Town: Matthews
County: Mecklenbur . Coun
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
Intersection of McKee road and Weddin on Road
35.0834 N/80.7283 W
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody )
6. Property size (acres): 53 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Four-Mile Creek
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at h ://h2o.enr.state.nc.us/admin/mays/.)
9. Describe the existing conditions on the site and general dland use in ase vicinity of the project
at the time of this application: Former agricultural wooded ar
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed commercial and residential development and stormwater management facilities
11. Explain the purpose of the proposed work:
Development of shopping center, road crossing and stormwater management facilities - see
attached map
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdictional Determination Action ID 200330142. Pre-application meetings
were held with Mike Parker and Steve Chapin of the USACE to review plans prior to
submittal of this application The attached permit application and mapping reflects the
results of these meetin s
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional impacts are not expected
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
Page 3 of 8
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Development of commercial
and residential project including grading, road crossing, and implementation of stormwater
treatment.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet
Type of Wetland***
D NWP939 0.26 ac No + 0-50' PSS1A - disturbed
E Isolated 0.037 No +1501 PSS1A - disturbed

* List each impact separately and identify temporary impacts. impacts mctuae, out are not mmLeU w: lllrA;i,a,uLcu C,ca,u,6„ 61?- , .,..,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hqp://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.30 acres
Total area of wetland impact proposed: 0.26 acres and .037 ac isolated
3. Individually list all intermittent and perennial stream impacts below: NA
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
B NWP939 270 UT of FourMile Ck 3' to 4' Int to Per.
C NWP #39 210 UT of FourMile Creek 2' to 3' Int.

* List each impact separately and identify temporary impacts. impacts include, out are not ?unl= ,U: cu?Z.w a.,u aaavwawu -P-F,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 4 of 8
Stream names can be found on USGS to 0
downstream named stream into p graphic snaps. If a stream
?'w.us s. ov. Sever which it fl ows. USGS
N?w.ma al internet sites maps are available
has othroue list (unnamed I UT uest.com, etc.). also allow direct download gh the USGS at 1-8 tributary) to the nearest
and printing of USGS ma 00-358-9616,
or online at
Cumulative im ps (e.g., ?'?'w.to ozone.co
Pacts (linear distance in feet) to all streams on site:
4. Individually list all o NA
Ocean and pen water impacts (including
any other water of the U.S.) below: lakes, Ponds, estuaries, Water Impact sounds, Atlantic
Site Number Area of
(indicate on ma Type of Impact*
Impact Name of Waterbody Type of Waterbody
A NWP #39 (a 09es (if applicable) (lake, pond, estuary, sound,
Farm Pond ba , ocean, etc.
Farm pond
flioodein h impact separately and identi
g, drainage, bulkheads, etc.' temporary impacts. Impacts include
but are not limited to: fill, excavation, dredging,
If construction of a pond is
included above in the wets Proposed, associated wetland
be described here and and stream • and stream impacts should be
and illustrated and
an pact sections.
Pond to be created in any maps included with Also, the Proposed
Describe (check all that appl this application, pond should
the method of construction Y): ? uplands
draw-down valve or spillwa traction (e.g., dam/emb ? stream ? wetlands
y, etc.): moment, excavation, installation of
Proposed use or purpose of pond (e- g local stormwa oter r re (g , livestock watering,
requirement, etc.); StO Water trea ring? lrrtgation
the stormwater mana a tment ,aesthetic, trout pond,
will also be into ment re uirements of the 401 Water onds will be develo ed to meet B)o rated into the lam ac An ,opt uality --
Size of watershed draining - """ element. -- ""li 1 ne onds
to pond:
VII. Impact Justification Expected pond (Avoidance and
Minimization) surface area:
Specifically describe
formation related to nsite oes taken to avoid the Proposed impacts. It may be useful
site layouts, °f the project. The a as topography, building ordinances to Provide
and explain wh pPli cant may attach ?a accessibility, and
were minimized once y these design options were not fe bge,of alternative, lower-impact
techniques to be follow aed desired site plan was developed If a Also discuss how
g construction to reduce impacts. pplicable, discuss construction -The I in 1 I i
Lnas+modified to avoid im acts to +>,A traction
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and pa ca lg Wetland
but are not limited to: reducing the size of the project; establishing and
and/or upland vegetated buffers to protect open waters such as streams; and repeaec?? shl
aquatic resource functions and values by creating, restoring, enhancing, o p
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP current guide fines placed
stream re soration
incomplete. An applicant may also choose to review the
in DWQ's Draft Technical Guide for Sham Work in North Carolina, available at
http //h2o enr state nc us/ncwetlands/strm ide
ide
1. Provide a brief description of the proposed mitigation
limited to: sit 1 nocatio (attachldire t ons
as much information as possible, including, but (acreage/linear feet)
and/or map, if offshe), affected stream and river basin, type and amount ne view,
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed^rt Qc +hP imnnrtant wetland and perennial stream
Wetland Restoration Pro am.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
Page 6 of 8
(919) 733_5208 to determine
to submittal of a PCN availability
NCWRp For additional and to request
check the NC formation regarding written approval of miti ation Prior NCWRP is WRP website at htt :/
followin propose /h2o.enr'.state.nc the us/w, application process for the
g info d, please check the a
Amount of information: NA PPTOpriate box on /index.h If use of
pagethreeand provide the
stream of stream ?hgation requested (linear feet)
buffer mitigation re
Amount of Ripe we quested s ? 2701inear feet
Arno ( quare feet):
Non-ri and and mi ig
requested
Amount of Coast w wetland miti acres);
unt of and miti ation requested
requested (gyres
DL (acres):
Environmental Docu
Does the project • mentahon gation (required h
(federal/s involve an expenditure of y DWQ) NA
fate) land?
Yes [] No Public (federal/state) funds or the use of public
If yes, does the project re
quirements Of the quire preparation of
Note: If National an envinvironmental
coord' you are not s or North
Carolina document
orator at (919 sure whether Environmental Polic pursuant to the
Yes ) 733-5083 to review a current NEPA/SEPA doc y Act (NEPA/SEPA)?
No thresholds for menu required, call the SEPA
If Yes, has the doc oCumentation.
copy Of the NEP document review been f
A or SEPA final a rnalized by the S e
Yes [] No ? approval letter, fate Clearinghouse? If so
X. ,please attach a
P
It is the roposed Impacts on
required applicant's u Riparian j and Watershed g
fate and local ent's buffers (required by IDW justification for
these offers associated tO determll1e, delineate and Q) NA,
and must be cley identifiable in Section VII withthe Protect. The anmaall impacts to
map, whether or dentifiable on the All pro applicant
or not impacts are accompanying site plan- posed impacts buffers e l1s ed heTei nOffice may be ' Proposed to the buffers. Cones must be shown on a
Regional pdiscretion. as appropriae. pondence
Photographs ma from the DwQ
Will the y also be included at the
project impact
(Meuse), 15A protected ri
Water ), NCAC 2B .0259 (Tar-Par buffers identified
Yesly uffer Requirements) arntico), 15A NCAC within 1 a NCAC .0233
No ' or other (please identify 2B 0250 (Randlem 2B s an
If you answered Rules and
Identify the square feet and acres Yes", p ?
titre follgw,
miti
gation is required calculate acreage of impact toe information:
multipliers. the re ach zone of the
ari quired amount of mitigation by a b ppiying ffers. the buffer
If buffer
Zone* Impact
Multiplier
Pau,.,7 -c.
1.5
Total I I
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
M. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
An stormwater management plan which will include stormwater treatment ponds, will be
developed for the protect to meet the 401 Water Quality Certification requirements. The ponds
will be incorporated into the overall plan as amenities. Plans and specification will be submitted
to NCDWQ for approval
XH. Sewage Disposal (required by DWQ)
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.
CMUD
XIII. Violations (required by DWQ) NA
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
ThreatetX Species, accessibility problems, or other issues outside of the applicant's control).
t
r Applicant/Agent's Signati?ir p to
' (Agent's signature is valid only if an 4il?4goWion letter from the applicant is provided.)
Page 8 of 8
LEONARD S. RINDNE% PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
April 10, 2003
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801- 5006
Mr. John R. Dorsey
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Mike Parker
NCDENR - Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Re: Aston Properties - McKee Road Weddington Road Commercial and Residential Village,
Matthews, Mecklenburg County, NC - ± 55 Acres
Dear Sirs:
On behalf of my client, Aston Properties, I am requesting the eligibility to utilize Nationwide Permit #39 to
develop a commercial and residential mixed-use development at the intersection of McKee Road and
Weddington Road in Matthews, NC. The proposed project plans were modified from early schematics to
avoid impacts to the perennial stream and wetland areas in the residential portion of the site. Previous
studies included creating a water feature. Stormwater treatment for this project will be designed and
implemented according to NCDENR and Mecklenburg County requirements. Prior to submitting this
application, meetings were held with Mike Parker of NCDENR and Steve Chapin of the USACE to
review the site plan, and discuss the alternatives. The permit application and supportive
documentation reflects the findings of these meetings.
Summery of Waters of the U.9
Wetland delineation was conducted to determine the actual extents and surveyed for planning and study
purposes.
Methodoloav
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined
according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with
Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA
Soil Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On-Site Determination Method was utilized to determine the upper boundary of the wetlands. In order to
make a positive wetland determination indicators of hydrophytic vegetation, hydric soil, and wetland
hydrology must be identified as described in the manual. The wetland boundary and surface waters were
identified in the field by Leonard S. Rindner, PWS and were reviewed and verified by the USACE (Steve
Chapin). The approved map has been used for planning and potential permitting purposes.
2
General Wetland Classification and Descriotio
The site is within drainage areas of an unnamed tributary of Four Mile Creek in the Catawba River Basin.
Four Mile Creek is on the 303d list of impaired waters. The current land-use is undeveloped woodland and
agricultural areas. The woodlands are in secondary succession, however there are some large specimens.
The wetland areas can be classified as Palustrine Broad Leaved, Scrub Shrub Temporarily Flooded, and
Emergent areas (PFOIA, PSS1A, PEM1C). The hydric soil indicators included gleyed and low chroma
conditions, and concretions. The site includes Iredell, Helena, and Monacan soils. These soils are map units
which may have inclusions of hydric soils according to the Natural Resource Conservation Service,
Technical Guide- Section 11-A-2, June 1991. The perennial streams have important aquatic value.
Characteristics include evidence of persistent pools; amphibians and macro-invertebrates; evidence of
wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate.
Venetative Communities
A majority of the site is in various stages of field succession from formerly farmed areas and woodland in
succession from timbering activities.
Bottomland HardwoodlReadwater Forest
The Bottomland Hardwood and Headwater forests on this site have developed in the moderately sloping
drainage ways. Species, which occur in these areas, include willow oak, sweetgum, red maple, hackberry,
red oak, ironwood, and other typical species that tolerate these wet and shallow root conditions.
Open Field %
This includes all cleared non-wetland areas dominated by herbaceous plants. These have been periodically
mowed and are dominated by pasture grasses and perennial herbs including broomsedge, goldenrod, and
bush clover. Other areas have been undisturbed for longer and are in transition to dominant species such as
blackberry, greenbriar, redcedar, pines, and saplings.
Mixed Forest
The non-wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is
characterized by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas
may have a predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly
pine, with eastern redcedar. Hardwoods include pine, sweetgum, red maple, red oak, white oak, tulip poplar,
hickory, and other common species. The subcanopy contains saplings and seedlings of canopy species.
Other subcanopy species include black cherry, holly, dogwood, elm, and privet. Woody vines common in
the understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wetlands: Southeast (Re ogin 2), US Department of the Interior, Fish and Wildlife Service.
Jurisdictional Waters of the U.S. and Description
1) Wetland (PFOIA, PSSIA, PFO1C) ± 1.070 acres
2) Perennial to int. Streams (+ 954 It) + 0.123 acres
3) Ponds ± 0.090 acres
4) Isolated + 0.037 acres
Total Jurisdictional Waters' ± 1.283 acres
Total Isolated Wetlands ± 0.037 acres
3
Results of Preliminary Discussions with USA CE and the NCDWQ
The developers are committed to creating an environmentally responsible project. The plan and
commitments made in this section reflect a positive response to the preliminary discussions, determinations,
and concerns of the regulatory agencies. Except for temporary construction and development impacts, we
believe that the proposed project with the proposed mitigation will not cause significant cumulative impacts
to the ecological functions or values of Jurisdictional Waters of the United States.
Proposed Impacts - Nationwide Permit #39
1) Wetland (PFOIA, PSSIA, PFO1C) ± 0.26 acres
2) Perennial to hit Streams (+ 2701f - important) ± 0.03 acres
3) Perennial to Int. Streams (+ 210 if - unimportant) ± 0.01 acres
4) Ponds ± 0.09 acres
Total impacts to Jurisdictional Waters*
Total Isolated Wetland Impacts
Minimization of Construction impacts
± 0.390 acres
+ 0.037 acres (less than 1/10th ac)
The following Best Management Practices will be employed to minimize impacts to Jurisdictional Waters.
These will include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits to sensitive sites and to protect trees
c) Methods to prevent short-term impacts will be inspected regularly and maintained during
construction of the project.
d) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.
e) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
MITIGATION PLAN
The mitigation plan is proposed to minimize the loss of streams and wetlands by the proposed development.
The perennial stream and wetland complex will be avoided and will be protected by buffers in common
open space. The proposed buffers will be a minimum of 50' to the extent feasible. Areas of the buffer that
require clearing will be replanted with forested vegetation. The buffer plan will be submitted to the USACE
and NCDWQ for approval. The developer is proposing to utilize the North Carolina Wetlands Restoration
Program to meet the stream mitigation requirements.
Mitigation for Stream Impacts
Stream Mitigation - NWP #39
To meet restoration mitigation requirements for stream impacts by grading, the developer is proposing to
contribute $54,000 to the North Carolina Wetland Restoration Program (2701f X $200/11).
4

STORMWA TER MANAGEMENT PLAN
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements. The Stormwater Management Plan will include wet detention basins as
the primary treatment system for stormwater runoff from paved surfaces and landscaping. The ponds are
expected to be designed so they serve as an aesthetic amenity for the project. The planners will utilize
information and guidelines provided by the North Carolina Department of Environment, Health, and
Natural Resources in developing the design of wet detention basins using the Table 1.1 in the Stormwater
Best Management Practices, NCDENR, April, 1999.A Stormwater Management Plan will be designed and
implemented for the project to meet the 401 Water Quality Certification requirements.
PROTECTION FROM FUTURE DEVELOPMENT
Development of the protected areas will be deed restricted. Restrictive covenants or similar mechanisms
will be developed for approval by the USACE and/or NCDWQ.
Protection from Future Development
Remaining streams and wetlands will be protected in common open space. As required, deed notifications
or similar mechanisms will be placed on all lots with remaining jurisdictional wetlands and waters or areas
within 50 feet of al streams and ponds on the property.
COMPLIANCE WITH WETLAND REGULATIONS
In accordance with Title IS NCAC 2H.0500, the following DEED NOTIFICATION shall be recorded in
the County Registry prior to the conveyance of lots. Said Deed Notification shall apply to (name
of subdivision), lot numbers in County, North Carolina as shown on plans titled (subdivision
name) prepared by ( name of designer) dated
date:
"A portion of this lot has been determined to meet the requirements for designation as a regulatory
wetland. Any subsequent fill or alteration of this wetland shall conform to the requirements of the
state wetland rules adopted by the State of North Carolina in force at the time of the proposed
alteration. The intent of this provision is to prevent additional wetland fill, so the property owner
should not assume that a future application for fill would be approved The property owner shall
report the name of the subdivision in any application pertaining to said wetland rules. This
covenant is intended to ensure continued compliance with wetland rules adopted by the State of
North Carolina and, therefore, benefits may be enforced by the State of North Carolina. This
covenant is to run with the land and shall be binding on all Parties and all persons claiming under
them."
(Signature)
Owner's name
Address
City, state, zip
Phone Number: (___)
5
t
STATE OF NORTH CAROLINA
COUNTY
a Notary Public of the State of North Carolina,
County, hereby certify that owner personally appeared before me this day and executed by
above certification.
Witness my hand and notarial seal, this day of
, 2003
(Notary public)
My commission expires
Threatened and Endangered Species
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified Schweinitz's sunflower
and the Carolina heelsplitter. Schweinitz's sunflower thrives in full sun characteristic of succession fields,
margins, and forested openings. Based on a review of that survey habitat conducive to support the
Schweinitz's sunflower is not present area. The Carolina heelsplitter is a freshwater mussel, which prefers
shaded areas either, in a ponded portion of a small stream or in runs along steep banks with moderate
current. Primary habitat is waters less than three feet deep with a soft mud, muddy sand, or shady gravelly
substrate. It is normally restricted to protected silted areas or under banks especially associated with
obstructions such as stumps or fallen trees. Its current distribution according to the U.S. Fish and Wildlife
Service is limited to portions of two streams -- Goose Creek and Waxhaw Creek -- and a small river
originating from rural areas in Union County. Therefore it is not expected to occur on this site.
Aquatic Habitat
The aquatic systems in the project area consist of tributaries in the Catawba River Basin. A variety of
wildlife is supported by these systems including mammals, birds, reptiles, amphibians, fish, insects,
mollusks, and crustaceans. Therefore strict adherence to an approved erosion and sedimentation control
plan will be maintained during the construction period in order to control degradation of water quality
downstream and protect the areas to be preserved. The Carolina Darter (Etheostoma collis) is a fish that
inhabits small streams such as those found in the project area. This species has a federal status of Proposed
Special Concern and a state status of Special Concern. The species prefers small clear streams of less than
15' width with moderate to swift current and a sand/gravel benthic composition. It apparently tolerates a
wide range of water quality conditions and vegetation types adjacent to the streams and appears resistant to
pollution. Therefore, strict adherence to an approved erosion and sedimentation control plan will be
maintained during the construction period in order to control degradation of water quality.
Cultural Resources
The project site is disturbed from previous agricultural activities. The State Historic Preservation Office
may review of the USGS maps at the Office of State Archaeology and the Survey and Planning Office of
the North Carolina Department of Cultural Resources to determine if sites are indicated on the National
Historic Register within the study area.
6

Conclusion
Based on the value of the jurisdictional waters and wetlands on this site, the developer through sensitive site
planning has chosen to balance the site's economic viability with its environmental value and permitability.
The goal of the Site Plan and Mitigation Plan is to help balance the environmental consequences of this
development by protecting waters downstream of the project and to preserve and enhance important
wetland and stream habitats on the site.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant

SUBJECT TO DELINEATION AND USACE VERIFICATION
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Target is 35.08370N, 80.7281°W - MATTHEWS quad (Quad Infol

The TopoZone is produced by Maps a la carte, Inc. - © 2000 Maps a la carte, Inc. - All rights reserved. Use of this site is governed
by our Conditions and Terms of Use. We care about your privacy - please consult our Privacy Statement for details.
1 of 1 SITE IS NOT WITHIN ONE MILE OF A 303D STREAM
0 500 1000 1500 2000
meters]
miles 0 1.0
i
http://maps2.co.mecklenburg.nc.uslwebsitelrealestatelprintmap.asp?maptitle=&mapstyle=8... 4/9/2003
Page 1 of 1
Mecklenburg County, NC Polaris
Mecklenburg County, NC Polaris
Page i of 1
Mecklenburg County, North Carolina
POLARIS
Property Ownership Land Records Information System
Date Printed: 4/912003 3:12:24 PM
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This nap 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 are hereby noted that the aformentioned public primary information sources
should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained
herein. 11
http://maps2.co.mecklenburg.nc.uslwebsitelrealestatelprintmap. asp?maptitle=&mapstyle=8... 4/9/2003
MECKLENBURG COUNTY SWIM BUFFER LOCATION
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
October 29, 2002
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Re: ±53 acres McKee-Weddington Road Site - Charlotte. NC
Dear Mr. Chapin:
On behalf of my client, Aston Properties, I am requesting verification of the wedand/stream delineation
for the subject property.
Project Name: McKee Weddington Road Site
Acreage: ± 53 Acres
City/County: Mecklenburg County
Long/Lat: 35.0834°N, 80.7283°W - MATTHEWS quad
Owner: Ms. L. Karen Partee
Director of Construction Administration
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC 28211
Contact: Leonard S. Rindner, PWS
General Wetland Classification and Description
The site is within the drainage area of Four Mile Creek in the Catawba River Basin. The current land-use
is open agricultural land, and woodland areas. The perennial streams have important aquatic value.
Characteristics include evidence of persistent pools; amphibians and macro-invertebrates; evidence of
wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate. The hydric soil indicators
included gleyed and low chroma conditions, and concretions. The site includes Monacan soils. These soils
are map units, which may have inclusions of hydric soils according to the Natural Resource Conservation
Service, Technical Guide- Section H-A-2, June 1991.
Please contact me if you have any questions or require additional explanation. Thank you for your
rnneiAorofia..?7
LeonardS. Rindner, PWS
Professional Wetland Scientist
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200330142 County: Mecklenburg
Waters of the U.S. Survey/DelineationVerification
Property owner/Authorized Agent: Aston Properties, Inc., Attn: Ms. L. Karen Partee
Address: 6525 Morrison Blvd.
Charlotte, NC 28211
Telephone Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Approx. 53 acre McKee-Weddington Road Site in Charlotte.
Indicate Which of the following apply:
X There are waters of the U.S. on the above described property which have been accurately
Ragged/delineated. We recommend that the delineated lines be surveyed. The surveyed
lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
The submitted survey plat dated for the above referenced property
accurately reflects the limits of waters of the U.S. on the property. Unless there is a
change in the law or our published regulations, this determination may be relied upon for
a period not to exceed 5 years from the date of this notice.
Placement of dredged or fill material in waters othe U.S. on this property without a Department
of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC
1311). A permit is not required for work on the property restricted entirely to existing high
ground. If you have any questions regarding the Corps of Engineers regulatory program, please
contact:
Steve Chapin at [phone] x5
Project Manager Signature
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
October 14, 2002
Ms. L. Karen Partee
Director of Construction Administration
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC 28211
Re: Wetland/Stream Survey - 53-Acre McKee Road/Weddington Road Site, Charlotte, NC
Dear Ms. Partee:
A wetland and stream determination and delineation was conducted at the proposed project site. An area
is determined to be a wetland when it exhibits Hydric Soil, Hydrophytic Vegetation, and Wetland
Hydrology characteristics. These characteristics are required to be in accordance with the definitions in
the U.S. Army Corps Wetland Delineation Manual, 1987. Areas which exhibit these three characteristics,
are identified as a wetland and permits may be required for development activities within these areas.
Surface waters such as perennial and intermittent creeks are also subject to Section 404 of the Clean
Water Act.
Wetland Survey
The delineation should now be surveyed These areas are approximately indicated on the attached map,
however this map should not be used as an accurate representation of wetland and stream extents. A
survey would determine the actual extents more accurately and clarify the regulatory issues and potential
mitigation conditions, if necessary. The attached map is for illustrative purposes only. A survey is required
for the USACE to make a final jurisdictional determination on the property.
The flags used to define the wetlands are yellow and blue tied together numbered sequentially as roughly
depicted on the attached map. A slash (/) next to the number indicates a connection. All notes on the flags
should be recorded. The point numbers must appear on the survey in a clear and legible manner. Once the
preliminary survey is conducted it will need to be reviewed by me to make sure that the connections are as
intended. Additional site visits and coordination with the surveyor may be required if areas need to be
extended to meet the property lines or for clarification. The centerline of all streams must be surveyed
with approximate width identified. The map will need to be produced based on the following
requirements. Areas that may need further evaluation may require a revision to the survey, if required.
Metes and bounds tied to a property comer or other known point or listing of the northings and
eastings (NC Coordinate Grid).
2. Location of each point identified to be included on the map.
Property lines of the entire property or parcel. Mapped floodplains and contours should be
included on the map, if possible.
Ms. Karen Partee
Wetland Survey, Page 2
4. Wetland boundaries should be closed into distinct polygons. Acreage should be indicated for each
polygon. It is helpful to have the polygons identified (i.e. Area "A", etc.). Surface waters such as
perennial and intermittent channels should also be identified calculated in acreage and linear
feet. The areas should then be listed in a table and totaled.
5. The map should have a vicinity map, north arrow, scale, project name property owner and/or
developer including name, address, telephone number, size of tract.
6. The surveyor must seal the survey.
Longitude and Latitude at the approximate center of the site must be shown.
8. The following note needs to be shown on the map for the USACE to sign:
Wetland Certification
This certifies that this copy of this plat accurately depicts the boundary of jurisdiction of Section 404 of
the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law of
our published regulations this determination of Section 404 jurisdiction may be relied upon for a period
not to exceed five (5) years from this date. This determination was made utilizing the 1987 Corps of
Engineers Wetland Delineation Manual.
Name:
(signed by U. S. Army Corps of Engineers)
Title:
Date:
At least four sealed copies should forwarded to me for submittal to the USACE for their certification.
Please let me know if you have any questions or require further explanation.
hard S. Rindner, PWS
Environmental Planning Consultant

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APPROXIMATE MAP - WATERS OF THE U.S.
*FOR STUDY PURPOSES ONLY
SUBJECT TO U.S.A.C.E. VERIFICATION
INTERMITTENT CHANNEL
EVALUATION FORM
ACTION ID APPLICANT NAME S n Y? 4e ? DATE a Z
PROPOSED CHANNEL WORK (i.e., culvert, relocation, ?etc..)
CfL t? l K- J? G?J
CA1161"OUNTY/CITY
WATERBODYJRIVERBASIN
RECENT WEATHER CONDITIONS Df'l YP.LP/11=1 rA h ZV
P SP NP Observation Co Ments or Description
Fish/Shellfish/Crustaceans Present Cr /
Benthic Macro Invertebrates
Amphibians Present/Breeding
Algae And/or Fungus (water quality function)
Wildlife Channel Use (i.e. tracks, feces, shells, others)
Federally Protected Species Present (Discontinue)
Rae/Pool Structure
Stable Streambanks ?(fv+?? ?f° er^ L! (/S t ?"'L
Channel Substrate
i.e. gravel, cobble, rock, coarse sand)
Riparian Canopy Present (SP =h 500/6 closure)
Undercut Banks/Instream Habitat Structure
Flow In Channel
Wetlands Adjacent To/Contig. With Channel
(Discontinue)
Persistent Pools/Saturated Bottom
June throe Sept.)
Seeps/Groundwater Discharge (June through Sept.)
Adjacent Floodplain Present
Wrack Material or Drift Lines
Hydrophytic Vegetation in/adjacent to channel
Important To Domestic Water Supply? Y /O
Does Channel Appear On Quad Or Soils p? (!P/ N Approx. Drainage Area:
4;,..vg:.?,y:..a :o.c.a...?.::.^: '.:.. -: :.:.:...:._::o?+:: ?:i•i: .. ':..:.' ice.. ,.:ice: ?v? :i:ti?:..
Detertnittation:
Perennial Channel (stop) n Important Channel: LF PROJECTMQL Initials _
Intermittent Channel (proceed) jLZ Unimportant Channel: -t 7,! 0 LF
Ephemeral Channel (no jd) (attach map indicating i ation of im tlunimportant channel)
Ditch Through Upland (nojd)
Evaluator's Signature:
(if C.O.F. project manager)
-S
P--Present SP=Stongly Present NP=Not Present 11/4/98
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(1987 COE Wetlands. Delineation Manuai)
Proieet/SiM Date: Q
Appiicant/(Wner. AWAAAa #"C CouniY: M
Investigator. State:
Do Normal C*MMMtznces exist on the site? ? No Community ID:
LS the site signmr y dcsturbed (Atypical Sn ndmi)?
Is the area a pamatiai Problem Area? Yes -Transect ID:
Plot ID:
.Of needed. explain an reverse.)
- ATi0N
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HYDROLOGY
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HYDROLOGY
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LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
October 14, 2002
Ms. L. Karen Partee
Director of Construction Administration
Aston Properties, Inc.
6525 Morrison Boulevard
Charlotte, NC 28211
Re: Wetland/Stream Evaluation - 53-Acre McKee Road/Weddington Road Site, Charlotte, NC
Dear Ms. Partee:
The proposed project site was visited at your request, to identify the presence of wetlands and surface
waters that would require permitting if they were impacted by development. An area is determined to be a
wetland when it exhibits Hydric Soil, Hydrophythic Vegetation, and Wetland Hydrology characteristics.
These characteristics are required to be in accordance with the definitions in the U.S. Army Corps Wetland
Delineation Manual, 1987. Areas that exhibit these three characteristics are identified as a wetland and
permits are required for development activities within these areas. Surface waters such as perennial and
intermittent creeks, and certain ponds are also subject to Section 404 and Section 401 of the Clean Water
Act. The approximate extent of the Waters of the U.S. are depicted on the map are based on an analysis of
site characteristics, topographic and soil maps, and an on-site review.
Stream and Wetland Hydrology, Hydric Soil, Hydrophytic Vegetation
The site is within drainage areas of an unnamed tributary of Four Mile Creek in the Catawba River Basin.
The current land-use is agricultural and woodland in mid-succession. The riparian areas can be classified as
Palustrine Broad Leaved, and Scrub Shrub (PFOIA, PSS1A). The U.S. Army Corps of Engineers
(USACE) will likely confirm that the perennial streams and sections of the intermittent streams to have
important aquatic value. Characteristics include evidence of persistent pools; amphibians and macro-
invertebrates; evidence of wildlife utilizing the stream; and rocky, gravelly, and sandy channel substrate.
The upper sections of the intermittent streams may be determined unimportant. The hydnc soil indicators
included gleyed and low chroma conditions, and concretions. The site includes Monacan and Helena soils.
These soils are map units, which may have inclusions of hydric soils according to the Natural Resource
Conservation Service, Technical Guide- Section H-A-2, June 1991.
Permitting Issues
A permit is not required for work on the property restricted entirely to existing high ground. If the impacts
require an application to the North Carolina Division of Water Quality (NCDWQ), stormwater treatment
will be required as a condition of the permit for all commercial, institutional, industrial, and multi-family
developments. High-density single family developments may also be required to provide stormwater
treatment facilities - notably those over 30% impervious. If the entire project is over 30% you must addre$s
the entire project. If the entire project is less than 30% but there are significant areas of greater than 30%
impervious then the NCDWQ may require that you address those areas. The sedimentation and erosion
control plan should include strong protection of the wetland areas on this site to avoid violations of the
general conditions of the Nationwide Permits.
C

Ms. L. Karen Partee, Page 2
October 14, 2002
Summary Commonly Used Nationwide Permits and Conditions
Nationwide Permit #39 (residential and commercial develovmentl and Nationwide Pernut #14 (road
crossin s
The maximum acreage limits of the Nationwide Permits (and their combinatios 2 acre. Moss
of the new and modified NWP's require notification to the united States Army Corps Engineer
(USACE) for activities that result in the loss of greater than 1/10 acre of waters oceUnited
tates. An application to the NCDWQ and/or USACE is required for any stream
impact using Nationwide Permit 014 or #39. The maximum impact to important streams is 300
linear feet. Use of typical bottomless culverts may not avoid the regulatory process. Bridge like
features may be used to minimize impacts.
if impacts to streams are 1501f or more of important and/or unimportant streams, or 1/10th acre of
wetlands, an application is required to the North Carolina Department of Environment and Natural
Resources Division of Water Quality (NCDWQ) using Nationwide Permit #39. An application is
required for any use of Nationwide Permit #14 to the NCDWQ. Minimization measures such as
plan modifications may be required to reduce the impacts. With an application to the NCDWQ,
storm water treatment facilities will be required by the NCDWQ as a condition of the permit for
all projects, including residential projects, notably those over 30% impervious. Storm water
detention may also be required.
Mitigation is generally required with impacts to important streams and wetlands when an
application is required. Stream mitigation can include restoring and approved degraded stream.
This generally included meanders, substrate, banks, buffers, and combinations. Plans must be
submitted for approval. If a permit is authorized - there is potential of participating in the state
Wetland Restoration Program (WRP) for wetland and stream restoration to meet NCDWQ
for
requirements and the USACE requirements. The current fee is 5will be necessary t 24,500/acre timeos the
elro o our
wetlands and $125/lf for streams. if the WRP i not available, a lei if
to protect the remaining streams on required own stream mitigation. Stream buffers are typically
the property as part of the mitigation requirement.
Permits must meet standard and general conditions, i.e. endangered species, historic properties,
and other particular conditions. Comments area possible with and application from USFWS,
SHPO (State Historic Preservation Office), North Carolina Wildlife Resource Commission, and
other agencies.
Impacts made in a first phase may impact permitting on future phases if or when the thresholds are
exceeded. Therefore, and overall master plan including an evaluation of potential future
permitting requirements should be conducted. The USACE and the NCDW Q the US CE will
project cumulatively. Typically, based on the Subdivision Rule in the regulations,
evaluate the subdivision as one project. Each individual lot would not be a separate project. used for
On a case by case base the USACE may authorize Waters of the U.S. (i.. streams) ot be used
storm water treatment facilities. However perennial streams or existing
for stormwater treatment facilities.

Ms. L. Karen partee, Page 3
October 14, 2002
SWIM Buf fers
A portion of the creek on the property is subject to the Surface Water Improvement and Management Plan
(SWIM Buffers). A review with Mecklenburg Environmental Protection will be necessary to change or
modify the SWIM buffer locations. The SWIM buffer relates to the actual locations of the stream bank. The
SWIM buffers in this location are 35 feet.
Individual Permits
Individual permits are required for all activities in Waters of the U.S. that do not qualify for a Nationwide
permit and are reviewed on a case by case basis by the USACE and other agencies, including NCDWQ,
USFWS, NCWRC, and SHPO. As with NWP's a 401 Water Quality Certification from NCDWQ is a
requirement. There is also a Public Notice. By a Memorandum of Agreement, the EPA and the USACCEd
requires a strict mitigation sequence (no practicable alternative [avoidance], minimization,
compensatory mitigation be followed for all Individual Permits. It is generally understood that obtaining an
individual Permit may be difficult. Establishing that there are no practicable alternatives is the most
important part and most difficult in the evaluation process. The USACE may ask for additional information
regarding their comments. It is generally understood that individual Permits have no over 90°/ ri the
Individual Permit applications that are not withdrawn are eventually approved, however
applications are modified (some substantially) in the process or include additional avoidance, minimization,
and mitigation conditions.
Recommendations
A variety of planning and permitting options should also be studied to utilize the current Nationwide
Permits effectively. Avoidance and minimization of impacts to streams can reduce the regulatory process
significantly. This can be achieved by incorporating the streams and wetlands into the common open space
and limiting stream impacts to stream crossings. It is strongly recommended that the Individual Permit
process be avoided if possible, due to the complexity. However, individual permits have been issued for
projects in which an acceptable analysis of alternatives and a significant mitigation plan has been proposed.
However, it will be important to anticipate the potential for extensive analysis, the time frame, potential
response to the public notice, and a less predictable outcome of the process.
Please let me know if you have any questions or require further explanation
LVnard S. Rindner, PWS
Environmental Planning Consultant

LOCATION MAP

APPROXIMATE MAP-WATERS OF THE U.S.
SUBJECT TO DELINEATION AND USACE VERIFICATION