20051854 Ver 2_Application_20060608

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REPLY TO
AT'PEN770N OF:
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGION DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON,. NORTH CAROLINA 28402-1890
May 31, 2006
Action ID 200531006
Mr. Paxton Hollaz~
Lauth Property Group
4201 Congress Street, Suite 375
Charlotte, North Cazolina 28209
Dear Mr•, Hollaz:
•J0~3 ~lA~~~SS~~1/U~
FILE ~lU OZl O
Enclosed is a Depaztrnent of'the Army permit to dischaz~ge fill material into 681 linear
feet of stream channel and 0..01 acre of'wetland associated with the construction of'a
commercial development in the southeast quadrant of the intersection of I-485 and Moores
Chapel Road, in Charlotte, Mecklenburg County, North Caz•olina. The Corps is issuing this
peanut in response to your written request of September 30, 2005, and the ensuing
administrative record„
Any deviation in the authorized work will require modification of'this permit. If'a
change in the authorized work is necessary, you should promptly submit revised plans to
the Corps showing the proposed changes, You may not undertake the proposed changes
until the Corps notifies you that ,your permit has been modified..
Carefully read your permit. The general and special conditions az•e important, Your
failure to comply with these conditions could result in a violation of'Federal law.. Certain
significant conditions require that:
a, You must complete construction before December 31, 2009..
b.. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions..
You must notify this office in advance as to when you intend to commence and
complete work..

-2-
You should address all questions regarding this authorization to Amanda Jones,
Regulatory Division, telephone (828} 271-7980, extension 231.
Sincerely,
Tohn E. Pulliam, lr•..
Colonel, U..S. Army
District Commander
Enclosures
Copy Furnished with enclosures:
Chief; Source Data Unit
NOAA/National Ocean Service
ATTN: Shaz~on Teaz• N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions and plans:
Mx.. Doug Huggett
Mr.. Ronald J. Mikulak, Chief Division of•Coastal Management
US Environmental Protection Agency North Cazolina Department of
Wetlands Regulatory Section Environment and Natural Resources
61 Forsyth Street 400 Commerce Avenue
Atlanta, Georgia 30303 Morehead City, North Carolina 28SS7
Mx'.. Brian Cole
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr.. David Rackley
National Marine Fisheries Service
219 Fort .Johnson Road
Chazleston, South Carolina 29412-9110
Mr•• Ron Sechler
National Maxine Fisheries Service
Pivexs Island
Beaufort, North Carolina 28S 16
Ms Becky Fox
U.,S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789

-.3-
Len Rinrlner
3714 Spokeshave Lane
Matthews, North Carolina

DEPARTMENT OF THE ARMY PERMIT
Permittee Lauth Property Group
Permit No.. 200531006
Issuing Office CESAW-RG-A
NOTE: the term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. the term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity oz the appropriate official of that office acting under the authority of the commanding offCCer.
You are authorized to perform work in accordance with the terms and conditions specified below..
Project Description: to discharge fill matexaal into 681 linear feet of stream channel and 0.01 acre oi'
wetland associated with the construction of a commercial development
Project Location: in the southeast quadrant of the iater•section of I-485 and Moores Chapel Road, in
Charlotte, Mecklenburg County, North Carolina
Permit Conditions:
General Conditions:
1 the time limit for' completing the work authorized ends on December 31, 2009 If'you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for' consideration at least one month
before the above date is reached.
2.. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below.. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this oflce, which may require restoration of'the area..
3. If' you discover any previously unIarown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if' the remains warrant a recovery effort or if' the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov $6 EDIIION OF SEP $2 IS OBSOLEIE.. (33 CFR .325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forwazd a copy of the permit to this office to validate the transfer of'this authorization
5.. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if'it
contains such conditions.
6 You must allow representatives from this office to inspect the authorized activity at any time deemed necessazy to ensure
that it is being or has been accomplished in accordance with the terms and conditions of'your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1 Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of'the Rivers and Harbors Act of 1899 (33 U.S C 403).
(X) Section 404 ofthe Clean Water Act (33 U.S.C. 1344).,
( ) Section 103 of the Mazine Protection, Research and Sanctuaries Act of 1972 (33 U,S C 1413)..
2. Limits of this authorization.
a. Ihis permit does not obviate the need to obtain other Federal, state, or local authorizations required bylaw.
b.. This permit does not grant any property rights or exclusive privileges..
c This permit does not authorize any injury to the property or rights of'others..
d. Ihis permit does not authorize interference with any existing or proposed Federal project..
3. Limits of Federal Liability.. In issuing this permit, the Federal Government does not assume any liability for the following:
a.. Damages to the pemritted project or' uses thereof as a result of other pemutted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof' as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit..
d. Design or construction deficiencies associated with the permitted work.
2

e . Damage claims associated with any future modification, suspension, or revocation of'this permit
4. Reliance on Applicant's Data: the determination of this office that issuance o#' this permit is not contrary to the public
interest was made in reliance on the infoxmation you provided
5. Reevaluation of Permit Decision.. Ihis office may reevaluate its decision on this permit at any time the circumstances
warrant Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of'this permit.
b • the information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above)
c Significant new information surfaces which this office did not consider in reaching the original public interest decision..
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325..7 oz enforcement procedures such as those contained in 33 CFR 326..4 and 326.5.. the
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and i#'you fail to comply with such directive, this office may in certain situations
{such as those specified in 33 CFR 209,.170) accomplish the corrective measures by contract or otherwise and bill you fox the
cost.
6 Extensions, General condition 1 establishes a time limit for the completion of'the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of'the authorized activity or a reevaluation of'the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terrns and conditions of this permit
~~~~ ~ ~~
(PERMITTEE) LAUTH ROPERTY GROUP ATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.,
~~/~~/o
(DIST T COMMANDER) JOH E. ULLIAM, JR, COLONEL ATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions o#'tbis permit will continue to be binding on the new owner(s) of'the property. Ta validate the transfer of'this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
'U S. GOVERNMEN7 PRINTING OFFICE: 1986 - 717-025

SPECIAL CONDITIONS
Work Limits
1.. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a pact of'this permit.. Any modification to these plans must be approved by
the US Atmy Corps of Engineers (USAGE) prior to implementation.
2 . Except as authorized by this permit or any USAGE approved modification to this permit, no
excavation, fill or mechanized land-cleating activities shall take place at any time in the
construction or maintenance of'this project, within watet•s or wetlands, This permit does not
authorize temporacyplacement or double handling of excavated or fill material within waters
or wetlands outside the permitted area, This prohibition applies to all borrow and fill
activities connected with this project
3 . Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land-cleating activities shall take place at any time in the construction or maintenance ofthis
project, in such a manner as to impair normal flows and cixculation patterns within waters or
wetlands or to reduce the reach of waters or wetlands..
Related Laws
~}. If' the North Carolina Division o#' Water Quality has issued a conditioned Water Quality
Certification for your project, the conditions of that certification are hereby incorporated as
special conditions of this permit.. For your convenience, a copy of the certification is
attached if'it contains such conditions.,
5.. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials.. In the event of'a spill of'petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N..C. Division of Water Quality at (919) 733-
5083, Ext.. 526 or {800) 662=7956 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
6.. If' the pecrnittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington
District Engineer who will initiate the required StatelFederal coordination..
Project Maintenance
7.. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this petrnit and again upon completion of the work authorized by this
permit,.

2
8 Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall
be generated from an upland souzce and will be clean and free of any pollutants except in
trace quantities, Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
9 The perrnittee shall require its contractors and/or agents tv comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or• maintenance
of this project with a copy of this permit, A copy of'this permit, including ail conditions,
shall be available at the project site during construction and maintenance of'this project
10. The perrnittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or~ turbidity within waters and wetlands outside the
permit area.. This shall include, but is not limited to, the immediate installation of'silt fencing
or similar appropriate devices around all areas subj ect to soil disturbance or the movement of
earthen fill, and the immediate stabilization of'all disturbed areas.. Additionally, the proj ect
must remain in full compliance with all aspects of'tlae Sedimentation Pollution Control Act
of 1973 (North Carolina General Statutes Chapter 113A Article 4)..
11.. The perrnittee, upon receipt of'a notice of'revocation of'this permit or upon its expiration
before completion of'the work will, without expense to the United States and in such time
and manner as the Secretary of'the Army or his authorized representative may direct, restore
the water or~ wetland to its pre-project condition..
Enforcement
12.. Violations of'these conditions or' violations of'Section 404 of'the Clean Water Act or' Section
10 of'the Rivers and Harbors Act must be reported in writing to the Wilmington District U S„
Army Corps of Engineers within 24 hours of the permittee's discovery of the violation,
Mitigation
13.. The perrnittee shall mitigate for unavoidable impacts to 681 linear feet of stream channel
associated with this project by payment to the North Carolina Ecosystem Enhancement
Program (NCEEP) in the amount necessary to perform restoration to b81 linear feet of cool
water stream in the Catawba Riven Basin (Cataloging Unit 03050101). Construction within
jurisdictional ax eas on the property shall begin only after the perrnittee has made full payment
with certified check to the NCEEP, and the NCEEP has made written confirmation to the
District Engineer, that it agrees to accept responsibility for the mitigation work required,
pursuant to Paragraph N.•D.. of the Memorandum of Understanding between the North
Carolina Department of Environment and Natural Resources and the U.S.. Army Corps of
Engineers, Wilmington District, dated November 4, 199$..

3
14. To provide the remaining compensatory mitigation requirements not addressed under special
condition (12}, above, the permittee will preserve approximately 2,270 linear feet of'stream
channel with an adjacent riparian buffers according to Buffer Plan dated January 12, 2006
and 0.42 acres of wetlands as shown on the attached survey labeled Wetland Delineation
Map dated November 17, 2003 .
The conservation/mitigation areas as shown on the attached plans are to remain in their
natural state in perpetuity.. No person or entity shall perfoxrn any of'the following activities
in the conservation area:
1. fill, grade, excavate or perform any other land disturbing activities
2.. cut, mow, burn, remove, or~ harm any vegetation
3 . construct or• place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures
4.. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
5.. dump or store soil, trash, or other waste
6 . graze or water animals, or use for any agricultural or horticultural purpose
Any covenants recorded in order to satisfy this section must include the above restrictions
and the following language: "This covenant is intended to ensure continued compliance with
the mitigation condition of a Clean Water• Act authorization issued by the United States of
America, U.S.. Axrny Corps of'Engineers, Wilmington District, Action ID 200531394, and
therefore may be enforced by the United States of America. This covenant is to run with the
land, and shall be binding on the Owner, and all parties claiming under it .
15. Permittee shall execute and cause to be recorded in the Mecklenburg County Register of
Deeds, restrictive covenants acceptable to the Corps of Engineers for' the purpose of
maintaining the streams channels with riparian buffers and wetland areas (i.e, conservation
areas}, as shown on the plan submitted .lanuary 12, 2006.. The pezmittee shall enforce the
terms of'the restrictive covenants and, prior to the conveyance of'the property, shall take no
action on the propezty described in the covenants inconsistent with the terms thereof.. The
permittee shall provide a copy of'the recorded restrictive covenants to the Corps of'Engineers
within 15 days of xecor•ding.,

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~y 7YPlCAL .
~IN~7111~11a'~~~~eF' p„/
Moores Chapel Road 1.485 Retail r
Lauth Property Group Y'
REFORESTED BUFFER'PI.Ah! s~~= ~ -poor
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68JFFER EXF-a1BE-6 ~

~~~~~ wA r~9Q~
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~ Michael F .Easley, Governor
s Wham G. Ross Jr., Secretary
North Carolina Department of'Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Decembez• 1, 2005

R. Paxton Hollai
Lauth Property Crroup
4201 Congress Stl•eet, Suite 3 75
Charlotte, NC 28209
DEC 0 ~ 2U05
~V~~~~~
. ~~~ x:11 >'~. ~'~.
a
Re: Moores Chapel Road and I-485 Retail Village Project, Mecklenbuzg ~;'''*+
County . ~~r$,s
DWQ #20051854; USACE Action ID.. No .200531006 ~ -
APPROVAL of Individual 401 Water Quality CertiScation ' ~: `',~jt ~ `" ~
Dear Mr.. Hollar:- __ ---_- . -. ;' ~~....
-._.. ~.-
Attached hereto is a copy of Certification No.• 3552 issued to R. Paxton Hollaz', ofthe_ Property
--
_._.
•oup, ate .Decembe~1,2005,.. -In..addition, you should get any other federal; -s~ete-er=local peznuts
before you go ahead w:$: your project including (but not linuted to) Solid Waste, Sediment and Erosion
Control, Stormwater', Dam Safety, Non-discharge and Water Supply Watershed regulations,
If we can be of'further' assistance, do not hesitate to contact us..
AWK/cbk
Attachments: Certificate o#' Completion
Sincerely,
.. ~ ~L~~
Alan W~limek, P..E,.
cc: U,.S., Army Corps of Engineer's, Asheville Regulatozy Field Office
Wilmington District, USACOE
Alan ,Tohnson, DWQ, Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC, 28105
Filename: 051854MooresChapelRd_I485RetailVillage(Mecklenburg)401 IC

Y'
.~
4010versightlExpress Review Penntts Unit
1650 Mall Service Center, Raleigh, North Carolina X7699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]! FAX [phone] / lntemet: htto;//h2o.enr.state.nc-us/ncwettands
Nom' Caro a
~fY!lYl~~
An Equal OpportunitylAffimtative Adion Empbyer- 50°~ Recyciedll0% Post Consumer Paper

l
Lauth Property Group
~ Page 2 of 6
December 1, 2b05
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of'the United States and subject to the North Caz~olina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr R.. Paxton Hollar~ of'the Lauth Property Group, NC to fill
0.01 acres of jurisdictional wetland and 681 linear- feet of'stream in the Catawba River Basin, associated
with the construction of'the Moores Chapel Road and I-485 Retail Village Project residential and
commercial retail development at the interchange of'Moores Chapel Road and I-485 in C.har]ottrw,
Mecklenburg County, North Carolina, pursuant to an application filed on the 12h day of October of 2005,
received by the Division of Water Quality on October 17, 2005.,
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth„
This approval is only valid for• the purpose and design submitted in the application materials and as
described in the Public Notice„ If the-project is changed, prior to notification a new application foY~new
Certification is requited. If'the prope~y-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 of this Certificati~A„y
new owner must notify the Division and-request the Certification be issued in their name. Should-wetland
or stream fill be requested in#he--additional compensatory mitigation may be require~as-described
in 15A NCAC 2H „0506 (h) (6) and (7).. If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required,. For this approval to be valid,
compliance with the conditions listed below is required.,
Conditions of Certification:
1., Impacts Approved ..--..-
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification_(or~Isolated Wetland Permit) are met. No other innpacts-are---
approved including incidental=impacts: _ _. _ .
Amount A roved nits Plan Location or Reference
Stream 681 inear feet PN and Construction PIans
404/CAMA Wetlands 0.01 (acres) PN and Construction Plans
Sediment and Erosion Control:
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 Contr~o~Planning and Design Manual. ~~

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L.auth Property Group
Page 3 of 6
December 1, 2005
b The design, installation, operation, and maintenance ot'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, boir~ow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c, Sufficient materials required for stabilization and/or repair of erosion control measures and
stozmwater routing and treatment shall be on site at all times.,
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 404/401Permit 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 oz' 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 z•estored within six months of the date that
the Division of Land Resources has released the project;
--- 5.. Protective Fencing -The outside buffer, wetland oz~water boundary and along the construction ~~~.
- corridor within these boundaries approved under his=authorization shall be clearly marked with
- -- _ -_.
__.._.
- -~ orange warning fencing (or' similaz~ high visibility matezial) for the areas that have been approved to - ,
__ __
____ infringe wi#hin the buffer wetland or water prior.-tQ-any-land disturbing activities to ensure -- __
- ~ compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6., Mr'.. R.. Paxton Hollar and the Lauth Property Group, shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) ot'the Clean Water• Act) and any other appropriate r•equir~ements
of State law and federal law„ If the Division determines that such standards or laws are not being
---- met (including the failure to sustain a designated or~aehieved use) or that State or federal law is
-- being violated, or that further conditions ar•e necessary-to assure compliance, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance
-- with such standards and requirements in accordance-with 15A NCAC 2H.0507(d).. Before
- --- modifying the Certification, the Division shall noti€y-Mi°:. R. Paxton Hollar and/or the Lauth
_-
Property Group, NC and the US Atrny Corps of Engineers, provide public notice in accordance
with 15A NCAC 2H.A503 and provide opportunity for public hearing in accardance with 15A
- NCAC 2H..0504.. Any new or revised conditions shall be provided to Mr'.. R.. Paxton Hollar and/or
the I,auth Property Group, NC in writing, shall be provided to the United States Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of'the Clean Water Act, and
shall also become conditions of'the 404 Permit for the project;
Mitigation:
7.. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below.. We
understand that you wish to make a payment to the Wetlands Restorntion Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement.. Tliis has
Y been determined by the DWQ to be a suitable method to meet the mitigation requirement.. Until

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Lauth Property Group
Page 4 of 6
December 1, 2005
s~
the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Pzogram Office), no impacts specified in this Authorization Certificate shall occur., The EEP
should be contacted at {919) '733-5205 if you have any questions concezning payment into a
restoration fund,. You have one month from the date of this approval to make this payment, For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the foIlowing compensatoxy mitigation regnix•ement:
Compensatory Mitigation
Re fired Ria~er~d Sub-basth dumber
Stream 68I (linear feet Catawba/03050101
Placement of Culverts:
8.. Culvert Installation
Culverts required for this project shall be installed in such a manner that the oziginal stream profiles
are not altered.. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert., Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
- - -th~str~ms , If an of the existin i es az•e or become rcl~e~t~ o late stream ade shall
Y g p p Pe Pln' Pr l;x
- - e F~stablished or, if'the pipes installed in a perched manner,-the-pipes shall be removed and re-
instafled correctly. -..--
...---_-
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.. Therefore, you must provide plans with adequate details that indicate that the current
stability of'the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed., Culvert(s) must be installed according
to approved plans„
Placemen# of culverts and other structures in waters, streams, and wetlands must be placed below
the e~ev_ ation of'the streambed by one foot for all culverts with a-diameter greater than 48 inches,
and 20 percent of'the culvert diameter for culverts having a diameter less than 48 inches, to allow
-low-fiowpassage of'water~ and aquatic life. Design and placeri~en~Sf culverts and other sttuctur~es
including temporary erosion control measures shall not be conduc~ed~ in a mamrez• that may result in
dis-equilibrium of'wetlands or streambeds or banks, adjacent to or upstream and down stream of'the
above structures„ The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ..
The establishmen# of'native, woody 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,
Installation of culverts in wetlands must ensure continuity of'water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Comple~on" form to notify NCDWQ when all work included in the ,§401 Certification has been
completed. The responsible pazty shall complete the attached form ahd return it to the

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Louth ProperTy Groap
Page 5 of 6
December 1, 2005
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project., Please
send photagr~aphs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion, form..
Deed Notifications:
9.. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within SO feet af'aU str~aamsand.pnuds. These mechanisms shall be put
in place within 30 days of the date of issuance of the 401 Cettif cation letter or• the issuance of'tlre 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.ne .us/ncwetlands ., DWQ shall be sent copies of all
deed restrictions applied to these lots;
10.. Written Stormwater Management PIan~Final Plan Needed)
A fmal, written Stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd.,, Suite 250, Raleigh, NC, 27604) within b0 days of'the issuance of'the 401
-- -- Water Quality Certification., The stormwater• management plan shall be approved in writing by
- ------ this Office before the impacts specified in this Certification occur,. You have the option of using
-..
--- - the Express Review Program for expedited appmYaLof:theseplons. If you propose to use the
-- -
-- Express Review Program, remember to include the=a~pr•opriate fee with the plan.. The stormwater
--
-----_ management plan must include plans, specifications=-and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual,. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality.. Also, before any
permanent building is occupied at the subject site, the facilities (as approved by this OfI"ice) shall
be constructed and operational, and the stormwater• management plan (as approved by this Office)
shall be implemented„ the structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
...~... practices shall be made without written authorization-from the Division of Water Quality.,
11;, Construction Stormwater Pexmit NCGO10000
Upon the approval of'an Erosion and Sedimentation=Control Plan issued by the Division of'Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control px~ogr~am, an
NPDES General stormwater• permit (NCGO10000) administez•ed by DWQ is automatically issued
to the project, This General Permit allows stormwater• to be discharged during land disturbing
construction activities as stipulated by conditions in the permit.. If your project is covered by this
permit [applicable to construction projects that disturb one (1) oz~ more acres), full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are requited. A copy of'this permit and monitoring report forms may
be found at http://h.2o.enr~.state.nc.us/su/Forms Documents.htrn..:
12,. Certificate of Completion
Upon completion of all work approved within the 401 Watez• Quality Certification oz• applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of'completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
'' Division of Watez• Quality, 1650 Mail Service Center, l~aleigh, NC, 27699-1650.,

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~ Page 6 of 6
December 1, 2005
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Also, this approval to proceed with your proposed impacts or' to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or' CAMA Permit.
If this Certification is unacceptable to you, you have the light to an adjudicatory heating upon written
request within sixty (60) days following receipt o#'this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of'the North Carolina General Statutes and filed with the
Office of Administrative.Heatings, 6714 Mail Service Center, Raleigh, T.C., ~7699~6714.. If
modifications are made to an original Certification, you have the right to an adjudicatory heating on the
modifications upon written request within sixty (60) days following receipt of'the Certification. Unless
such demands are made, this Certification shall be final and binding..
This the 1$`day of December 2005
DIVISION OF WATER QUALITY
_ ~
/f~Alan W.. Klixnek, P„E.
3552---- ----... U ------.
_.
_. _ _,
AWKlcbkfijm --
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F~ATF
O~Q /~QG i Michae] F. Easley, Governor
~ ; ~ William G. ttoss Jr ,Secretary
r' North Carolina Department of Environment and~atIItal Resources
~ .~
O "C Alan W Klimek, P E Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Ceriitication
Summary of'Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, the Lauth Property Group has permission as outlined below to impact 0.01
acres of wetlands and 6$1 Ji;JCar~t uf'stream fvr the purpose(s) of constructing the pr©posed ~oorrs ~Ghapel ILoad
and I-485 Retail Village Project residential and commercial retail development at the interchange of Moores Chapel
Road and I-485 in Mecklenburg County., All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached Permit transmittal letter.. THIS PERMII IS NOI VALID WITHOUT THE
ATTACHMENTS.,
COMPENSATORY MIIIGATION REQUIREMENIS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCAIION: Charlotte, NC
COUNTY Mecklenburg
BASIN/ SUB BASIN -- - Catawba/03050i01
As requited by 15A NCAC 2H.OSOO; and the conditions of this Permit,. you are required to compensate'for the above
impacts through the restoration,-creation, enhancement or preservation of wetlands and surface-waters aaoutlined
below prior to conducting any-activities that impact of degrade the waters of the state, - ----
--- -
_..--
ote: creage requirements pi_•oposed to be mitigated through the Ecosystem Enhancement Progralrityitrst be
rounded to one-quartet acre increments and linear foot requirements must be rounded up to the nearestfaot
according to 15 2R,0503(b).
Im acts Miti ation
0.01 Acres of Class WL wetland 0.00 Acres of Class WL wetland
681 lineaz feet of stream 6$ i linear feet of stream
In correspondence dated August 3, 2005, the EEP indicated that up to '750 )ineaz feet of mitigation will be conducted
by EEP if necessary for the 401 Water Quality Certification and 404. Permit.
One of'the options you have avail;tble to satisfy the compensatory mitigation requirement is throughJtlse payment of
a fee to the Wetlands Restoration l?und per NCAC 2R.0503.. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below: voice. for the appropriate amount of payment will be sent to you-upon receipt of
this form. PLEASE NOIE, T'HEABOVE. IIvIPACTS ARE NOT AUTHORIZED UNTIL YOU R>~C1rri7E
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMEN'T
PROGRAM
Signature
Date
ECOSYSTEM ENHANCEMENI PROGRAM
1652 Mail Service Center
RALEIGH, N C. 27699-1652
(919) '733-5205
Filename: 051854MooresChapelRd_I485Retail V illage(Meckleaburg)4(} 1_IC_EEP
r tr
± N~oa~`thCaro,,1,~,~a
401 OverslghtlExpress Review Pehnits Unit r/VlltllCQ!!/l
1650 Mat Senr~e Center, Raleigh, North Caroina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 '
Phone: 919-733-t786! fAX [phone]! Internet hrip:!/h2o.enr.stafe.nc.us/ncwetlands
An Equal OpportuniiylAffirmatrve Acton Employer- 50°~ Recycledll0% post Consumer Paper

A licant: Lauth Pzn ezt Gz~ou File Numbez~: 200531006 Date: Feb 3, 2006
Attached is: See Section below
X IlVITIAL PROFFERED PERMIT Standard Permit oz' Letter of ezmission) A
PROFFERED PERMIT Standaz•d Permit or• Letter of ermission B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If'you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the I OP and your work is authorized, Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit
• OB.TECT: If you object to the permit (Standard or L•OP) because of'certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of'this form and return the form to the district engineer.. Your
objections must be received by the district engineer within 60 days of'the date of'this notice, or you will forfeit your right to
appeal the permit in the future. Upon xeceipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written After evaluating your objections, the district
engineer will send you a proffered permit for your reconsideration, as indicated in Section B below,
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the pernrit document and return it to the district engineer fvr final
authorization.. If you received a Letter of'Permission (LOP), you may accept the L.OP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit,
• APPEAL: If'you choose to decline the proffered permit (Standard or L,OP) because of'certain terms and conditions therein,
you may appeal the declined permit under the Corps of'Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineez, Ihis form must be received by the division engineer within 60 days of
the date of this notice.
C: PERMIT DENIM,: You may appeal the denial of a pernvt under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer.. This form must be received by the division engineer
within 60 days of the date of this notice..
D: APPROVED ,TLTRISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved TD . Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved .]D in its entirety, and waive all rights to appeal the approved JD..
• APPEAL: If'you disagree with the approved JD, you may appeal the approved ID under the Corps of Engineers
Administrative Appea] Process by completing Section II of'this form and sending the form to the division engineer. Ihis form
must be received by the division engineer within 60 days of'the date of'this notice..
E: PRELIMINARY .NRISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
prelirrrirrary TD.. the Preliminary JD is not appealable, If you wish, you may request an approved JD (which may be appealed), by
contacting the Corps district for further instruction Also you may provide new information for further consideration by the Corps to
reevaluate the JD.

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has deternuned is needed to
clarify the administrative record, Neither the appellant nor the Corps may add new information or analyses to the record. However;
you may provide additional information to clarify the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Ms. Amanda Jones Mr. Michael Bell, Administrative Appeal Review Officer
CESAW-RG-A CESAD-EI-CO-R
U S Army Corps of'Engineers, Wilmington District U.S. Army Corps of'Engineers, South Atlantic Division
I51 Patton Avenue, Room 208 60 Forsyth Street, Room 9M15
Asheville, Nortlr Carolina 28801-5006 Atlanta, Geor is 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of'the project site during the course of the appeal process. You will be provided a 15 day
notice of an site investigation, and will have the opportunity to participate in all site investigations.
Date: ~ Telephone number:
Signature of appellant oi•
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303