20110306 Ver 1_401 Application_20110411

2 0 1 10306
A. I
Wingate University
Matthews Branch
Matthews, Mecklenburg County,
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS & NCDENR
Prepared For
Dr. Jerry McGee
Wingate University
220 North Camden Street
Wingate, NC 28174
Prepared By
Leonard S. Rindner, PLLC
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
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Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing --?
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
..
?
,, ._
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record on

? Yes ly for Corps Permit:

® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Wingate University - Matthews Branch
2b. County: Mecklenburg p
2c. Nearest municipality / town: Matthews
2d. Subdivision name: Wingate University APR fl
2e. NCDOT only, T.I.P. or state
project no:
INATR
OAp
3. Owner Information MIOTER gWWCH
3a. Name(s) on Recorded Deed: Wingate University
3b. Deed Book and Page No. 25124-587; 23668-825
3c. Responsible Party (for LLC if
applicable): Mr. Charles E. Taylor, Jr
3d. Street address: 220 North Camden Street
3e. City, state, zip: Wingate, NC 28174
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page f of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Dr. Jerry McGee
4c. Business name
(if applicable): Wingate University
4d. Street address: 220 North Camden Street
4e. City, state, zip: Wingate, NC 28174
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Leonard S. Rindner
5b. Business name
(if applicable): Leonard S. Rindner, PLLC
5c. Street address: 3714 Spokeshave Lane
5d. City, state, zip: Matthews, NC 28105
5e. Telephone no.: 704-904-2277
5f. Fax no.:
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 21504218
1 b. Site coordinates (in decimal degrees): Latitude: 35.1054 Longitude: - 80.7052
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 8 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Four Mile Creek - HUC 03050103
proposed project:
2b. Water Quality Classification of nearest receiving water: Water Classification C
2c. River basin: Catawba - HUC 03050103
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Adjacent to 1-485; adjacent to proposed commercial development; forested in early to mid succession.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately .25 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
No streams on the property
3d. Explain the purpose of the proposed project:
Develop a college campus consisting of bulidings, parking, and pedestrian areas.
3e. Describe the overall project in detail, including the type of equipment to be used:
Typical land development/earth moving equipment
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: SAW-201002124
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Leonard S. Rindner, PLLC
Name (if known): Leonard S. Rindner/Patrick Kealy Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Wetlands and streams were delineated in October 2010; survey verified by USACE on 01/20/2011.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ? No
6b. If yes, explain.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary (T
W1 ®P ? T fill PF01 A ® Yes
? No ® Corps
® DWQ 25
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P D T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary (T) impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the central location of the small wetland area (probably enhanced by trapping runoff and precipitation due to debris or
previous site disturbance) and the proposed development of buildings, parking, and pedestrian areas for a college campus
makes avoidance of this small wetland area not practicable.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Development is subject to strict enforcement of the erosion control plan. The stormwater management plan will be prepared in
accordance with the Mecklenburg County PCCO. In addition, stormwater mangement is proposed to be coordinated with the
Matthews Gateway project immediately downstream per local rezoning conditions and agreements.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

®Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: NA
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 0.25 acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 82%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The following information has been provided by the land planner/engineer for the project. The stormwater mangement
plan will be coordinated with the adjacent Matthews Gateway project. An easement will be provided on the adjacent
Matthews Gateway project to utilize the Stormwater BMP immediately downstream. The stormwater plan is required to be
in accordance with the Mecklenburg County Post Construction Control Ordinance. The drainage basin of the the Wingate
University site is within the 18.71 acre overall drainage basin being treated by the stormwater BMP on the Matthews
Gateway site - see attached exhibits.
Surface Area - 27,658 Square Feet
Drainage Area - 18.71 Acres
Land Use/Development Type - Urban / Commercial
Percent Built-Upon Area 82%
Regulated by - Mecklenburg LUESA
Treatment Effectiveness - 90%
Mecklenburg County requires very detailed development and engineering plans. In order to submit the approved stormwater
plan in advance would require a significant "at risk" investment in the complex architectural plans and engineering fees not
knowing formally from the USACE, NCDENR, and/or other agencies that the process will result in an approval. It is for all
practical purposes impossible for the wetlands to be impacted or for a building to be occupied without approval of the
Stormwater Management Plan. Typically the Mecklenburg County will require a copy of the 404/401 permits before
reviewing and/or approving the development plans. Therefore we are requesting that the 401 Water Quality Certification
be issued with the following Additional Conditions: a) An approval letter from the Mecklenburg County LUESA and at least
one copy of the approved SMP, including plan details, calculations and other supporting information must be submitted
prior to any approved impacts to streams and/or wetlands; b)The stormwater plan must be implemented in accordance
with the approved plans prior to occupancy of any permanent buildings.
The submittal includes a conceptual drawing of the location and size of the proposed BMP's. However, the developer and
engineer will want to reserve flexibility in the methodology and techniques to implement the stormwater requirements,
which are subject to approval by the Mecklenburg County LUESA in accordance with the NPDES Phase II requirements
of the PCCO.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Mecklenburg County
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply ? Coastal counties
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
(check all that apply): HOW
? ORW
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
?. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project utilizes existing road network and infrastructure.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discha rge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Existing Municipal Sewer System - CMUD
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Site was evaluated during the wetland delineation process for the presence of Schweinitz's Sunflower. Invasive grasses,
vine, and shrub species dominated the lower vegetative strata. Ecotonal edges along roads and clearings were
inspected to determine if Schweinitz's sunflower was present. Project site is not in a watershed that has been identified as
habitat for the Carolina heelsplitter. Based on a field evaluation Schweinitz's sunflower or it's habitat was determined not
to be present.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http: //www. nmfs. noaa. gov/habitat/hab itatprotectio n/efh/G IS_inven. htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
According to the latest published version of the National Register of Historic Places for the presence or absence of
registered properties, or properties listed as being eligible for inclusion therein, this site is not registered property or
property listed as being eligible for inclusion in the Register.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determina ' ? ec enburg County GIS - Polaris
Leonard S. Rindner 03/28/11
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
( is signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name Wingate University - Matthews Branch
2. Naive of Property Owner/Applicant: Wingate University
3. Name of Consultant/Agent: Leonard S. Rindner
*Agent authorization needs to be attached.
4. Related/Previous Action ID number(s):
5. Site Address: See attached location map
6. Subdivision Name:
7. City: Matthews
8. County: Mecklenburg
9. Lat: 35.1054 Long: 80.7052
10. Quadrangle Name: Matthews
11. Waterway: UT of Four Mile Creek
12. Watershed: Catawba
13. Requested Action:
X Nationwide Permit # 3 9
General Permit #
Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
.(Decimal Degrees Please)
Site/Waters Name:
Keywords:
r4l;j
Ecosy
stem
PROGRAM
February 1, 2011
Dr. Jerry McGee
Wingate University
220 North Camden St.
Wingate, NC 29174
Project: Wingate university Matthews Branch
Expiration of Acceptance: November I, 2011
County: Mecklenburg;
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
he approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other stale, federal or local
government permits, regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 CertiGcation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will he issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq, Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Catawba 03050103 0 0 t) 0.25 0 0 0 0
Credits 0.3050103 Expanded

Service Area 0 0 0 Up to

0.50 (I
0
0
()
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July lid. 2010.
if you have any questions, or need additional information, please contact Kelly Williams at [phone].
Sincerely..
William?D. Gilmore, PE
Director
ra : fart MiNiflan, NCDWQ Wetlands;/401 Unit
Steve Chapin, USA('1-Asheville
/Matt Mooresville, NCDWQ, Mooresvillc
I,en Rindlwr. agent
Mir
Dry
... ,egh4".,. PYDteetl,Ky Oar State
1hy
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North Carolina F-P-Q§y6tem Frihancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / www.nceep.net
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 201002124 County: Mecklenburg U.S.G.S. Quad: Matthews
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Wingate University, AtVjr Dr. Jerry E. McGee
Address: 220 North Camden St.
Wingate, NC 28174
Telephone No.:
Property description:
Size (acres) 8 Nearest Town Matthews
Nearest Waterway Four Mile Creek River Basin Catawba
USGS HUC Coordinates N 35.1054 W -80.7052
Location description Wingate University - Matthews Branch located near the intersection of the CSX RR and I-485;
near Matthews
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 1/20/2011. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a. period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action ID:
This delineation/determination has been conducted to identify limits of COE's Clean Water Act jurisdiction for the particular
site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the
Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA
programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation
Service, prior to starting work.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Chapin at 828-271-7980x224
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual. The wetlands drain into a
UT-Four Mile Creek which flows into Four Mile Creek which flows into McAlpine Creek which flows into Sugar Creek
which flows into the Catawba River which is a Section 10 navigable-in-fact waterway at Lake Wylie.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office
151 Patton Ave., Room 208
Asheville, North Carolina 28801-5006
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 3/20/11.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence. * *
Corps Regulatory Official: i?
Date 01/20/2011 Expiration Date 01/20/2016
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http://reQUlatory.usacesurvey.coin/ to
complete the survey online.
Copy furnished:
Mr. Leonard S. Rindner
Page 2 of 2
LEONARD S RINDNER- PLLC
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
March 23, 2011
Dr. Jerry E. McGee
220 North Camden Street
Wingate, NC 28174
Re: Wingate Universi
Dear Dr. McGee:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your formal authorization. Please
sign the following statement:
This letter authorizes Leonard S. Rindner, PLLC as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
Signature Date
Please contact ine if you have any questions or require additional. explanation. Thank
you.
Y,
k6on'aTd'S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist

1800 m
4300 fl
r
o '? ?
Sao Rd
41
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WINGATE UNIVERSITY - MATTHEWS BRANCH
APPROXIMATE SITE LOCATION
Mecklenburg County, NC POLARIS
Page 1 of 1
Mecklenburg County, North Carolina
POLARIS
Property Ownership Land Records Information System
Date Printed: Thu Mar 24 13:55:26 EDT 2011
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This map 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 notified 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.
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WINGATE UNIVERSITY-
Name: MATTHEWS QUADRANGLE Location: 035.1054695° N 080.7052524° W MATTHEWS BRANCH
Date: 11/2010 HUC: 03050103
Scale: 1 inch equals 1000 feet
APPROXIMATE SITE
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Map Unit Legend
Mecklenburg County, North Carolina (NC119)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
Ce82 Cecil sandy clay loam, 2 to 8 11.0 28.7%
percent slopes, eroded
CeD2 Cecil sandy clay loam, 8 to 15 0.3 0.8%
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slopes
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Go"isorvation Servi" National Cooperative Soil Survey Page 3 of 3

WINGATE UNIVERSITY
MATfHEWS, NC
AERIAL MAP
WATERS OF THE US
FOR SURVEY AND STUDY PURPOSES ONLY
SUBJECT TO USACE/NCDENR VERIFICATION
Approximate area studied 13
08-30-10: Updated October 05, 2010

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MATTHEWS, NC
TOPO MAP
WATERS OF THE US
FOR SURVEY AND STUDY PURPOSES ONLY
SUBJECT TO USACE/NCDENR VERIFICATION
Approximate area studied D
08-30-10: Updated October 05, 2010

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ORM
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NOTES:
1) ALL ON-SIT E STORM WATER SHALL BE ROUTED TO THE COMMON OFFST
WET POND BMP. THE ENGINEER HAS CONFIRMED THAT THE BMP HAS BEEN
DESIGNED TO ACCOMMODATE RUNOFF FROM THE TOTAL POST DEVELOPED AREA-
2 %/-
///? I I 1// j %F
) PROPOSED WET POND BMP WILL BE DESIGNED TO 14AVE AN 90[ AVERAGE
ANNUAL REMOVAL FOR TOTAL SUSPENDED SOLIDS GENERATED FROM THE
COMMERCIAL DEVELOPMENT ACCORDING TO SPECIFICATIONS IN TOWN OF
MATTHEWS POST CONSTRUCTION STORM WATER ORDINANCE AND THE NORTH
CAROLINA MDEPT. OF ANIML ENVIRONMENT AND NATURAL RESOURCES BEST MANAGEMENT j
PRACTICES
3) OVERALL STORMWATER 1NNAGENENT REVIEW AND APPROVAL, INCLUDING
PROPOSED WET POND BMP, WILL BE DONE BF MECKLENBURG COUNTY LUESA IN
LIEU OF Mo.
/ /
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T?-BUILDING
y I l: I/ If.IR T. / I1 I I I 72C 1
a- (MB
TE 8) 1FURIRE !• ); -o GRAPHIC SCALE
/ I I BIB I I 1 f EI PIJILDWG /-7 800 OI 47 80 160
I JH?
\1 INCH = 80 FEET
71
J $T D ` 3,BMP` v?k
g- PRELIMINARY
p I?7E HL?I DO NOT USE FOR CONSTRUCTION
WINGATE UNIVERSITY
I J E. JOHN ST. - MATTHEWS, NC
WETLANDS IMPACT W1
SAACS ak,
1 I I _ ?? v i T mom, ?ko
C3.0
.-?-????-•••??. ?•??•.?. .-.u...?r,.\,.u,rrvm \rv<n?-w[iLnr.U?-r;nNVlrti.rlw0. IL/i/Lllltl .1:SA:l;ti VH, mn?n?-ka.
NOTES:
T) ALL ON-SITE STORM WATER SWILL BE ROUTED TO THE COMMON OFFSTTE
WET POND PIMP. THE ENGINEER WAS CONFIRMED THAT THE BMP WAS BEEN
DESIGNED TO ACCOMMODATE RUNOFF FROM THE TOTAL POST DEVELOPED AREA.
2) PROPOSED WET POND BMP WILL BE DESIGNED TO RAVE AN M AVERAGE
ANNUAL REMOVAL FOR TOTAL SUSPENDED SOLIDS GENERATED FROM THE
GDMMERCLAL DEVELOPMENT ACCORDING TO SPECFICATIONS IN TOWN OF
MATTH_ POST ?ONSTRUC ION STORM WATER ORDINANCE AND THE NORM
CAROUNA DEPT. OF ENVIRONMENT AND NATURAL RESOURCES BEST MANAGEMENT
PRACTICES MANUAL.
3) OVERALL STORMWATER MANAGEMENT REVIEW AND APPROVAL. INCLUDING
PROPOSED WET POND BMP, WILL BE DONE BY MECKLENBURG COUNTY LUESA IN
LIEU OF DYO.
? \ \ >Lr
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BMP ID: Common Dffsite Wet Pond BMP
Surface Area (sq, ft.): 27,658
Drainage Area (acres): 18.71
Land Use/Development Type: Urban / Commercial
Percent Built-Upon Area: 82%
Permanent Pool Depth (ft. 10.5
Foreboy Permanent Pool Depth (ft.): 10.5
Average Permanent Pool Depth (ft.): 5.74
Regulated By: LUESA
Treatment Effectiveness: 90% TSS
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GRAPHIC SCALE
120 0 6q 120 240
1 INCH = 120 FEET
PRELIMINARY
DO NOT USE FOR CONSTRUCTION
WINGATE UNIVERSITY
E. JOHN ST. - MATTHEWS, NC
STORMWATER MANAGEMENT PLAN
0 „. A rwo:,..r?w.>;; wrPlrio-? ? rnia Aden ? ?
y, USAACS
7T)SS F-"a` .,e C4.0
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2
a
BMP ID: Common Offsite
Wet Pond BMP
Surface Area (sq. ft.): 27,658
Drainage Area (acres): 18.71
Land Use/Development Type: Urban / Commercial
Percent Built-Upon Area: 82%
Permanent Pool Depth (ft.): 10.5
Forebay Permanent Pool Depth (ft.): 10.5
Average Permanent Pool Depth (ft.): 5.74
Regulated By: LUESA
Treatment Effectiveness: 90% TSS
PRELIMINARY
DO NOT USE FOR CONSTRUCTION
\1 - F'K0JLC15\Wingate University\Wingaie University IUZUS\Lngineering\Design Draw ings\Current\1 0205-Wt ILANUS-CAMP US. dwg. 12/9/2010 4:5U:Z9 PM. morourke. 1:1
,AZA7 of warF9
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NWENR
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STORM WATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form mast be filled out, printed and submitted
The Required hems Checklist (Part 111) must be printed filled orlt end .submited along With all of the mqutred information
C PROJECT INFORMATION r
Project name WINGATE COMMONS
Contort perm THE ISAACS GROUP
Pt rte number 704527.3440
Dale 121912010
firainage area number COMMONOFFSITF WET POND ?-
II: DESIGN INFORMATION °` -
She Characteristics SAIDA Table Data
Dralnew area 815,220 ft' De sign TSS removr+l 90%
Impervrous area, pmsl.devdapment 668:480 fl7 Goastal SA/DA Table Used! N (Y or N)
% Impervious 8200 % MolmtarnlFiedm(wnt SAIDA Table Used? Y _
(Y or N)
Design ranlall depth 1.5 In SAIDA ratio 2 96 (unltless)

Storage Volume: Non-SA Waters Ave rage depth (used in SAIDA table).

Mlnrm(jm vnhmle required
NIA ft CalpAation option 1 wwd? (S-P, I'Vire 10-2b) N (Y or Nr)
Volume. permanent pod V,". 151703 h'
Volumn provided it, Area provided, permanentpod, P,_ P,rv 27658 it,

Storage Vol". SA Waters Average depth calculated h

1 5 runoff volume
78
870 ff' Average depth used in SAIDA d.„ (Round to nearest 05ff) h

Pre -development 1-yr. 24-hr trnoH ,

- 26
571 h' Calculation option 2 used? (See Figure 10-2b) Y
IYorN)

Postdw,veinpmenf 1-yr 24-hr runoff ,
123,790 N Area provided, permanent pod, Ae
""s°'
27 d58 h`
Minimum volume requred 97,219 ry
Area bottom of 10N vPgelatod shelf, k,s
22.818 N'
Volume provided 168,390 ft Area, sedment cleanout, top elevation (bottom of pond) A,,r 6 b23 N`

Peak Flow Calculations - "r) epth' (distance bfw bottom of 10tt shell and top of sedlment) fl 80 ft

Is the preJposl ennhd of the Iyr 24hr storm peak how recllfrrec r?
Y IY or N) Average depth calculalbd
Avorage depth used in SAIDA. d
(Rofmd to nearesl0 5h) 5 74 ft
5 7 if
1.v r 24hr rrnhall depth 2 6 In .
Ra9onal C re-devdo men(
P P
0 25 fun fled Drawdown Calculations

Rational C poshdevelopment
080ILnnless
l urawdown through n*e

Y
iy or
N1
Rafnfalrntenslly 1-yr 24hrstorm 703rhr Diameter of oifice (f ara4 arj in
in
Pre-r#rvelopmenl l-yr, 24-hr peek flow 4 37 6 Area of cxfice f ion-arcularl 2160
Posldevaiopmeut 1-yr.24-hrpeak flow 4654 It Coeff cleft of discharge (CO) 0£110 hrndless)
Pre /Flog 1-y r 24-Iv Ixtk flow wnt d 4217 h :ter. Dmnriq head (H„) 170 h

Elevations Urawdown through weir?
?fY or N}

Temporary pool elevation
690,39 h"sl Weir Vpe.
('oefbaenr of discharge (C
)
(unnle5sl
Permanent pool elevation 60 hnsl
695 ? {unnlessl
SHWT elevation (appmx at the perm pool elevator .
m,sl Length of wee

top of 10ft vegatafedshelf elevation
110 6o,sl
13% [klving head (HI N

LlottDm of t .rot vegeratedshelf elevation ,
- -- 69490 t,,,,4 Prrvdoval ent 1 r 24-hr peak toy,-
Y
4 37 n'is2C
SerinlenT Cleanout top elevaton (bottom of pond) 68610 rm:J 'midevrlopmenl 1 •yr, 24-hr peak lvv 4b 54 ti'ISo
S,-d lent ckmncrw bottom Aevation 685 10 1-,s1 Storage volume discharge rate (tlvough discharge oafwe or wen) ll 29 ft',sN
Sedmentstar ageprovided 100 r Storage volumedravwiown, turn 011 rtavs
sthere additional volume slored above the swtegegolred temp pnnh Y r VI
Additional Information
Elevation of In-too of the addltronat volume _ 699 4 'm7 Vegelaim side slnpes 3 1
Surface Areas Vegelaled shelf shrpe 10 1
Area. temporary pod 44 741 it Vegefatad shelf width 1b 0 h
Area RF0i1IRE0 permanent print 241 31 h en©d o(fbwktwin to width ratio 3 1

SrvUA rafln
296 r,nlessl t e
egdl to vvdlh ratio
2 5 1

Area PROVIDED, perrumnenl pod. A.,o
u„
27
658 It trash rack for overflow & onhcc?
N
(Y nr:V(
l
A,ea, bottom of tOh vegetated shelf A,,,, ,
22,818 ' Freeboard provided
vegetated filter provided? 7h

Area sediment rdeanoui, top elevation f lion of pordi At»' on,r
8,623 1• N
Retorted drainage easement provided- Y IY or NI
IY or Nt
Volumes Capures all runoff at ulimixer build out y fY or N)
volume temporary pool 168.390 1,
os
--
b'rlHme Permanent pool v, rm 158703n WINGATE UNIVERSITY
Vol urne.forebap(suoof torebavsif more ths, onefnrohaY) 311271 E. JOHN ST. - MATTHEWS, NO
Forebay of permanent pool volume 19 6-". ,.
8MP DESIGN SUPPLEMENT
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Wingate University Matthews Branch Date: 8/20/2010
Applicant / Owner: County: Mecklenburg
Investigator: L.Rindner, P. Kealy State: NC

Do normal circumstances exist on the site? Yes X No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes No X Plot ID: Upoland
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Liquidambar styraciflua T FAC+ 9.
2. Acer rubrum T FAC 10.
3. Liriodendron tulipi era S/S FAC 11.
4. Vitis rotundifolia W/V FAC 12.
5. 13.
6. 14.
7. 15. _
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are Classified as
FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was in the center of
"upland".
HYDROLOGY
Recorded Data (Describe In Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
(in.)
(in.)
Depth to Free Water in Pit: NA
Depth to Saturated Soil: NA
Wetland Hydrology Indicators
Primary Indicators:
Inundated
-Saturated in Upper 12"
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase):CeB2 _Ceal sandy dWloam_2 to__"ercent slopes, eroded Drainage Class: well
drained
Taxonomy (Subgroup): Fine kaolinitic,_thermic Typic Kanh_a_pludults Confirm Mapped Type? Yes
No
Profile Description:
Depth
(inches) Horizon
0-7 A
'7 1 G R
Matrix Colors
(Munsell Moist)
I OYR 4/4
10 YR 4/8
Hydric Soil Indicators:
Soils
Histosol
Histic Epipedon
Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure, etc.
Sandy Loam
Clay
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
Concretions
High Organic Content in Surface Layer in Sandy
Organic Streaking in Sandy Soils
Listed On Local Hydric Soils List
Listed on National Hydric Soils List
-Other (Explain in Remarks)
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No X Is the Sampling Point
Wetland Hydrology Present? Yes No X Within a Wetland? Yes No X
Hydric Soils Present? Yes No X
Remarks: Location "upld" is not classified as a wetland based upon the criteria set forth in the 1987 Army
Corps of Engineers Wetlands Delineation Manual.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Wingate University Matthews Branch - WTLD "YX/ZX" Date: 11/2010
Applicant / Owner: County: Mecklenburg
Investigator: L.Rindner, J. Levi, P. Kealy State: NC

Do normal circumstances exist on the site? Yes X No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes No X Plot ID: WTLDYX/ZX
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Liriodendron tulipi era T FAC 9. Lobelia cardinalis H FACW+
2. Ulmus americana T FACW
3. Liquidambar styraciflua T FAC+ 10. Sagittaria latifolia H OBL
4. Alnus serrulata S/S FACW+ 11. Boehmeria cylindrica H FACW+
5. Liquidambar soraciflua S/S FAC+ 12. Microstegium vimineum H FAC+
6. Acer rubrum S/S FAC 13. Fraxinus pennsylvanica H FACW
7. Sambucus canadensis S/S FACW- 14.
8. Liquidambar stvraciflua H FAC+ 15.
16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are Classified as
FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was i n the center of wetland

HYr1R[ i nr;Y
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other Inundated
-Saturated in Upper 12"
X No Recorded Data Available Water Marks
X Drift Lines
Field Observations: X Sediment Deposits
X Drainage Patterns in Wetlands
Depth of Surface Water: Secondary Indicators:

Depth to Free Water in Pit: NA X Oxidized Roots Channels in Upper 12"

(in.) X Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: NA Other (Explain in Remarks)
(in.)
Remarks: Surveyed during drought conditions.
SOILS
Map Unit Name
(Series and Phase): WkD - Wilkes loam Drainage Class: Well drained.
Taxonomy (Subgroup): Confirm Mapped Type? Yes
No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 A IOYR 4/1 7YR 4/6 Common/Distinct
4- 18 B 1 OYR 511 10YR 5/8 Few/Distinct Clay Loam
Hydric Soil Indicators:
Soils
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
x Reducing Conditions
x Gleyed or Low-Chroma Colors
Remarks:
WETLAND DETERMINATION
Concretions
High Organic Content in Surface Layer in Sandy
Organic Streaking in Sandy Soils
Listed On Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Hydrophytic Vegetation Present? Yes X No Is the Sampling Point
Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No
Hydric Soils Present? Yes X No
Loam
Remarks: Wetland "YX/ZX" is classified as a wetland based upon the criteria set forth in the 1987 Army
Corps of Engineers Wetlands Delineation Manual.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dr. Jerry E. McGee, President
Wingate University, a N.C. Non-Profit Corporation
220 North Camden Street
Wingate, NC 28174
Cc:
Wingate University Matthews Branch
c/o Lat Purser & Associates, Inc
4530 Park Road, Suite 300, Charlotte, NC 28209
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Wingate University Matthews Branch : WTLD YX/ZX
State:NC County/parish/borough: Meek City: Matthews
Center coordinates of site (lat/long in degree decimal format): Lat. 35.1056° , Long. 80.7047°
Universal Transverse Mercator: 17
Name of nearest waterbody: Four Mile Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03050103
0 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
n Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different.ID form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There ? x no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
[] Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Ate "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
[] TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
El Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
9 Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: linear feet: width (ft) and/or acres.
Wetlands: 0.25 acres.
c. Limits (boundaries) of,jurisdiction based on: 199t Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
[ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
3 Supporting documentation is presented in Section 111T.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section IIf.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 137Nquaiiiiif}es
Drainage area: - 11 :'acres
Average annual rainfall: 42 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through ?, tributaries before entering TNW.
Project waters are 30 (or moire) river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 15-20 aerial (straight) miles from TNW.
Project waters are J (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid
West.
Identify flow route to TN W5: Wetland YX/ZX flows into a RPW off site then flows into Fourmile Creek, which flows
through the review area, to flow into McAlpine Creek, to flow into Sugar Creek, which then flows into the Catawba
River (TNW).
Tributary stream order, if known: 1.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: - 4'- 6' feet
Average depth: - 2 feet
Average side slopes: 241.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ? Concrete
? Cobbles ® Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Relatively stable banks.
Presence of run/riffle/pool complexes. Explain:
Tributary geometry:
'titt4velp?teighl
Tributary gradient (approximate average slope): -2 %
(c) Flow: _
Tributary provides for: 94:3lviv
Estimate average number of flow events in review area/year: 20;(or.gre8ter:)
Describe flow regime:
Other information on duration and volume: No flow at time of survey. .
Surface flow is: [31serete=and confined. Characteristics:
Subsurface flow: Lit. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
® changes in the character of soil ?
? shelving
? vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
® sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
El Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
10 High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
' Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
'A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM that is unrelated to the waterbody's flow
regime (e.g.. flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: No flow at time of survey.
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Forested, > 100'.
® Wetland fringe. Characteristics: Adjacent and abutting wetlands along reach.
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Amphibians noted.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:0.25acres
Wetland type. Explain: Headwater.
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: lnterntilftk04vv.. Explain: Wetland YX/ZX will discharge into a RPW (offsite) periodically during the
growing season.
Surface flow is: 4itid cvnf3tiid
Characteristics:
Subsurface flow: fnOVVft. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: Wetland YX/ZX discharges into a Swale/gully that does not
meet the 1987 Delineation Manual criteria itself, however the connection can be considered a hydrological connection during periods of
the growing season.
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 30 (or more) river miles from TNW.
Project waters are -15-20 aerial (straight) miles from TNW.
Flow is from: N4Wand to na-da$i'le waters.
Estimate approximate location of wetland as within the Ptck3dst floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Water color is clear.
Identify specific pollutants, if known: None known.
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width): Forested, > 100'.
® Vegetation type/percent cover. Explam:Adjacent and abutting wetlands along reach.
® Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain find ings:Amphibians noted.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: I
Approximately ( 0.25 ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
YX/ZX (no) 0.25
Summarize overall biological, chemical and physical functions being performed: Wetland YX/ZX will impound surface
waters and filter it during and after rain events. The wetland may contribute ground water discharge during periods of the growing
season when the water table is high. This wetland provides habitat for wildlife.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III. D: The RPW (off site) will receive groundwater and surface water discharges from this wetland.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
M TNWs: linear feet width (ft), Or, acres.
0 Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
El Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
Conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.25acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
0 Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
[] which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
"See Footnote # 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
N Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
El Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
E' If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
[] Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
[ Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
{ U.S. Geological Survey map(s). Cite scale & quad name:1:24K Matthews (NC) Quad.
USDA Natural Resources Conservation Service Soil Survey. Citation:Source of Map: Natural Resources Conservation Service
Web Soil Survey URL: http://websoilsurvey.nres.usda.gov.
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: