20011896 Ver 2_Individual_20070521

oI -iSRLo V2,
aADEVELOPMENT COMPANY INC.
epartment of Environment and Natural Resources
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Mallard Creek Village / Mallard Creek Woods — Phase I and II
Mecklenburg County, North Carolina
USACE Action Id. 200131052, 200230334-35
DWQ Project # 011096 and 011896
Dear Wetlands Unit Staff,
FAY V17NI
RECEIVED
May 16, 2007
The attached documents have been submitted to Steve Chapin at the USACE as a request for
reauthorization of a General Permit Verification for the above referenced project. 5 copies have been
provided for your review.
This submittal is a request for authorization to install a culvert is associated with the third, and
final phase of the development. The first phase was completed several years ago, and the second phase will
be complete in the next few months. Both of these phases provided water quality BMP's that were
approved by the North Carolina, DWQ. I have attached a copy of each of the DWQ approval letters.
The design for third and final phase is currently in progress, and multiple water quality BMP's are
to be provided as part of the development. Construction plans and design calculations will be submitted to
DWQ in the near future. Attached is a copy of the site plan and grading plan for Phase 3. Also attached
are a plan, profile and cross section for the proposed culvert that was labeled as impact IA2 in the initial
authorization.
Please call if you have any questions regarding this request. Thank you for your assistance.
Sincerely,
0/�
Jimmy Chrysson
C.B. Development
MAA 2 Zoo?
Attachments: -- $200 Application Fee Check DEN,.R - WAI F -k OUP LITY
-- Copy of USACE submittal letter VYfR ikCSK4D STi7C',I't4: iEP PR'VlCH
-- Preconstruction Notification Form (PCN)
-- Attachment I, Project History
-- Vicinity Map
-- Copy of original PCN
-- Copy of original Nationwide Permit Verifications 200131052, 200230334-35
-- Copy of original NC DWQ 401 Water Quality Certification
-- Copy of DWQ approvals for Phase 1 and 2 with O & M Agreements
-- Drawings for the proposed culvert
-- Site Plan and Grading Plan for Phase 3
-- Copy of delineation map signed by Corps agent Steve Chapin
1045 BURKE STREET • WINSTON-SALEM, NC
PHONE [phone] FAX [phone]
27101

Asheville Regulatory Field Office
US Army Corps of Engineers
Mr. Steve Chapin
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
PAYMENT
RECEIVED
RE: Mallard Creek Village / Mallard Creek Woods — Phase I and II
Mecklenburg County, North Carolina
Action Id. 200131052, 200230334-35 / DWQ Project # 011096 and 011896
Dear Mr. Chapin,
May 16, 2007
This letter serves as a request for reauthorization of a portion of the General Permit Verification
issued for CB Development Company, Inc. on January 30, 2002 (200230335). Impacts previously
authorized have been completed on site with the exception of a single road crossing. However, due to lack
of funding and the resulting phased construction, CB Development Company, Inc. was not able to complete
the installation of the culvert prior to the expiration of the Nationwide Permit Verification. The access road
labeled as impact IA2 has not yet been constructed. The impact will remain the same for this area. The
attached permit application requests re -authorization for 128 linear feet of intermittent stream impact in
order to complete this road for access to the entire parcel and high ground. As impacts have not changed
from the previously authorized request, and the mitigation requirements were met during the previous
permitting, we do not anticipate additional compensatory mitigation requirements.
This request for authorization to install a culvert is associated with the third, and final phase of the
development. The fust phase was completed several years ago, and the second phase will be complete in
the next few months. Both of these phases provided water quality BMP's that were approved by the North
Carolina, DWQ. I have attached a copy of each of the DWQ approval letters.
The design for third and final phase is currently in progress, and multiple water quality BMP's are
to be provided as part of the development. Construction plans and design calculations will be submitted to
DWQ in the near future. Attached is a copy of the site plan and grading plan for Phase 3. Also attached
are a plan, profile and cross section for the proposed culvert that was labeled as impact IA2 in the initial
authorization.
Please call if you have any questions regarding this request. Thank you for your assistance
Sincerely,
Jimmy Chrysson
C.B. Development
1007
Cc: Division of Water Quality, w/attachments
Attachments: -- Preconstruction Notification Form(PCN) -'- t
yllnrl rl .T 1P� icx g?h�1CN
-- Attachment I, Project History
-- Vicinity Map
-- Copy of original PCN
-- Copy of original Nationwide Permit Verifications 200131052, 200230334-35
-- Copy of original NC DWQ 401 Water Quality Certification
-- Copy of DWQ approvals for Phase 1 and 2 with O & M Agreements
-- Drawings for the proposed culvert
-- Copy of delineation map signed by Corps agent Steve Chapin

May 16, 2007
Asheville Regulatory Field Office
US Army Corps of Engineers
Mr. Steve Chapin
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
RE: Mallard Creek Village / Mallard Creek Woods — Phase I and II
Mecklenburg County, North Carolina
Action Id. 200131052, 200230334-35 / DWQ Project # 011096 and 011896
Dear Mr. Chapin,
This letter serves as a request for reauthorization of a portion of the General Permit Verification
issued for CB Development Company, Inc. on January 30, 2002 (200230335). Impacts previously
authorized have been completed on site with the exception of a single road crossing. However, due to lack
of funding and the resulting phased construction, CB Development Company, Inc. was not able to complete
the installation of the culvert prior to the expiration of the Nationwide Permit Verification. The access road
labeled as impact IA2 has not yet been constructed. The impact will remain the same for this area. The
attached permit application requests re -authorization for 128 linear feet of intermittent stream impact in
order to complete this road for access to the entire parcel and high ground. As impacts have not changed
from the previously authorized request, and the mitigation requirements were met during the previous
permitting, we do not anticipate additional compensatory mitigation requirements.
This request for authorization to install a culvert is associated with the third, and final phase of the
development. The first phase was completed several years ago, and the second phase will be complete in
the next few months. Both of these phases provided water quality BMP's that were approved by the North
Carolina, DWQ. I have attached a copy of each of the DWQ approval letters.
The design for third and final phase is currently in progress, and multiple water quality BMP's are
to be provided as part of the development. Construction plans and design calculations will be submitted to
DWQ in the near future. Attached is a copy of the site plan and grading plan for Phase 3. Also attached
are a plan, profile and cross section for the proposed culvert that was labeled as impact IA2 in the initial
authorization.
Please call if you have any questions regarding this request. Thank you for your assistance.
Sincerely,
Jimmy Chrysson
C.B. Development
Cc: Division of Water Quality, w/attachments �1 „ L )QC7
Attachments: -- Preconstruction Notification Form (PCN)
-- Attachment I, Project History;LAND;, Al 6 cY0Qk0.Y TER RR CH,
-- Vicinity Map
-- Copy of original PCN
-- Copy of original Nationwide Permit Verifications 200131052, 200230334-35
-- Copy of original NC DWQ 401 Water Quality Certification
-- Copy of DWQ approvals for Phase 1 and 2 with O & M Agreements
-- Drawings for the proposed culvert
-- Copy of delineation map signed by Corps agent Steve Chapin

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. D I — S :�i to V 2 -
(If any particular item is not applicable to this project, please enter "Not Appucanie or ..IN/A .)
I. Processing
PAYMENT
1. Check all of the approval(s) requested for this project: RECEIVED
® Section 404 Permit ❑ Riparian or Watershed Buffer Rules
❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ❑ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ❑
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name: CB Development Company
Mailing Address: 1045 Burke Street Winston Salem, NC 27101
Telephone Number: 336-725-8547 Fax Number: 336-723-6485
E-mail Address:
MAY r 0011
vrr ��aht�,-� a'v�'iT�?�4�a4'IAT��t i�P.Ai�IGH
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Page 1 of 8

boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17 -inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Abbington Phase 3 (a portion of former Mallard Creek Village / Mallard
Creek Woods)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 04718123
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): Abbington
Directions to site (include road numbers/names, landmarks, etc.): From I-85, exit Mallard
Creek Church Road and proceed east for approximately 0.2 miles. Turn right on Berkeley
Place Drive Impact area IA2 will be on the left just past the stormwater pond.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.32°N 80.74°W
6. Property size (acres): 32 acres (portion of former 110 acres)
7. Name of nearest receiving body of water: Mallard Creek
8. River Basin: Catawba River Basin
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site contains one open field and is approximately 75%
forested The surrounding_ properties (part of the previous assemblage) include completed
multifamily housing under construction multifamily housing, and forested tracts.
Describe the overall project in detail, including the type of equipment to be used: The project
involves the construction of a road crossing. Typical grading/excavating equipment will be
used.
Page 2 of 8

Explain the purpose of the proposed work: The project will provide access to the remainder
of the property.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. See Attachment 1.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open- water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
nprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: 128 linear feet of intermittent stream will
be impacted for a road crossing.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
sP.nnrately list imnacts due to both structure and flooding.
Wetland Impact
Type of Wetland
Located within
100 -year
Distance to
Nearest
Area of
Impact
Site Number
Type of Impact
(e.g., forested, marsh,
Floodplain
Stream
(acres)
(indicate on map)
herbaceous, bog, etc.)
es/no)
linear feet
N/A
Page 3 of 8

Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip -rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
m„ct he inrhided Tn calculate acreage_ multinly length X width. then divide by 43.560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent?
Average
Stream Width
Before Impact
Impact
Length
linear feet
Area of
Impact
acres
IA2
UT Mallard Crk
road crossing
intermittent
10
128
0.029
Total Open Water Impact (acres)
Total Stream Impact (by length and acreage)
128
0.029
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill i-vravatinn rirerlaina flnndino drainaue hnikheads_ etc_
Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact
Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.)
Area of
Impact
(acres
N/A
Total Open Water Impact (acres)
5. List tl
Le cumulative impact to all Waters of the U.S. resulting from the projecl
Stream Impact (acres): 0.017
Wetland Impact (acres): N/A
Page 4 of 8

Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.029
Total Stream Impact (linear feet): 128
6. Isolated Waters
Do any isolated waters exist on the property? ❑ Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. This crossing has been a part
of the development plan since the beginning, and the development is dependent upon it. The
crossing was previously approved by the US Army Corps of Engineers and the NC Division of
Water Quality.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
Page 5 of 8

aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strrngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed since the impacts were previously approved and it was determined
that the project's impacts did not require additional compensatormitigation.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non -riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ❑ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Page 6 of 8

X.
XI.
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No ❑
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify N/A)? Yes ❑ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I Impact I Required
Zone* I__ - Ir—', I Multiplier Ad]..,..,+.,,.,
1 NSA 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Stormwater management will be accomplished
throuuh the use of several catch basins located in the access roads and with the construction of
culverts and rip rap erosion control material where the stormwater will drain into sediment
basins. Several stormwater management areas have already been installed in the areas where
Page 7 of 8

previously approved impacts have been completed The proposed Phase 3 development area is
32.3 acres with approximately 9.97 acres impervious area (30.9%). Four water quality BMP's
are proposed and will be provided in accordance with DWQ requirements. A site grading plan
has been included with this submittal.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will discharge into the sanitary sewer main operated by Charlotte Mecklenburg
Utilities (CMU).
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No
Is this an after -the -fact permit application? Yes ❑ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ❑ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No.
Previous phases have been completed or are under construction. This the last impact associated
with this development area.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

Attachment I — Project History
The original permit verification was issued by the Army Corps of Engineers on
August 28, 2001 (300131052). The initial permit verification authorized 246 LF of
impact to intermittent, unnamed tributaries to Mallard Creek for the purpose of
constructing access roads and sidewalks to serve the Mallard Creek Village / Mallard
Creek Woods Phase I Subdivision. It was set to expire on February 11, 2002. For this
reason, another permit application was submitted to the US Army Corps of Engineers
requesting a NWP 14 and a NWP 39. This permit verification was issued on January 30,
2002 and authorized 1) NWP 14 (200230334) for impacts to 200 LF of an intermittent,
unnamed tributary to Mallard Creek with culverting and associated riprap as a part of a
road crossing and 2) NWP 39 (200230335) for impacts to 436 LF of an intermittent,
unnamed tributary to Mallard Creek (mostly determined to have "unimportant" aquatic
function) with culverting and riprap as part of the construction of two additional road
crossings. Of the 436 LF of charnel impact, only 376 LF were proposed to be
permanent.
Most of the impacts have been completed on site. However, due to funding and
phased construction of the residential development, CB Development Company, Inc. was
not able to complete all of the impacts before the latest permit expired on March 18,
2003. The access road labeled as impact IA2 has not yet been constructed. This permit
application requests re -authorization for this impact.

Y
VIc.l N 17-i ImI(P
PHASE III ABBINGDON
http://polan*s.mecklenburgcountync.gov/servlet /com.esri.esrimap.Esrimap?ServiceName=... 5/16/2007

NOTIFICATION FOR ACTIVITIES
AFFECTING WATERS OF THE
UNITED STATES
AT
MALLARD CREEK VILLAGE / MALLARD CREEK WOODS
Charlotte, NC
July 2001
Prepared for
CB Development Company, Inc.
Winston Salem, NC
Prepared by
URS Dames & Moore
2510-C Wade Hampton Boulevard
Greenville, SC 29615
864/609-9111

TABLE OF CONTENTS
I. APPLICATION
II. ATTACHMENT 1
III. LIST OF FIGURES
Figure 1
Vicinity Map
Figure I
Verified Wetland Delineation Map
Figure 2
Site Plan with Wetlands and Impacted Areas
Figure 3
Previous Site Plan with Delineated Wetlands
Figure 3A
Previous Site Plan and Topo Map with Delineated
Wetlands
Figure 4
Site Location on Mecklenburg County Soil Survey Sheet
Figure 5
Impact Area I
Figure 6
Impact Area 2
Figure 7
Impact Area 3
IV. APPENDIX
Wetland Delineation Forms

APPLICATION

Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
CR Section 404 Permit
❑ Section 10 Permit
n401 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: %:�UD («1 D o v7Ya no,�
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name: C_ e 1
Mailing Address: 1 r) `q'
Telephone Number: ---7,)S7- 9151 I _ _ Fax Number:
E-mail Address: 0,.� � rn l
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Cnfr p2 nU ; Tff-
Mailing Address: o r I k��Q
Telephone Number: 'S� r - i:� C - ' S`? -7 Fax Number: - -2
E-mail Address:
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17 -inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): nvy --%— 1 ,� ) --Cq
PhMQ I
4. Location
County: O�Q C% 10 n l,i- ,a Nearest Town: C Y-nr I
Subdivision name (include p se/lot number): J-\Ub�
Directions to site (include road numbers, landmarks, etc:
5. Site coordinates, if available (UTM or Lat/Long): 9 �`� ?J Ctii
(Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres): E) nr a, c--
8. Nearest body of water (stream/river/sound/ocean/lake):
9. River Basin:
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.eiu-.state.nc.us/admin/mgps/.)
Page 4 of 12

10. Describe the purpose of the proposed work: < L &C-4 C-4 J-
11. List the type of equipment to be used to construct the project: c�—_ 6±L-�' rr&4 A-
12. Describe the land use in the vicinity of this project
�TATKAWAZZ s'AMMM�aVi�v�MR- iMM Cs
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future?
anticipated work, andprovide justification for the exclusion of this work
application: hCG- P.) r•r
VI. Proposed Impacts to Waters of the United States/Waters of the State
If so, describe the
from the current
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 12

1. Wetland Impacts
Wetland Impact
Site Number Type of Impact*
(indicate on ma)
Area of
Impact
(acres)
Located within
100 -year Floodplain**
(es/no)
Distance to
Nearest Stream
(linear feet)
Type of Wetland***
C3-- f (YU11c�
(o •�"
ill
�{-
- t7tztta�b Crnk
c� �-t—
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, im,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100 -Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA -approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htto://www.fema.y_ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: ►Crt�
Total area of wetland impact proposed: (1LPropk rA
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma
Length of
Type of Impact* Impact
linear feet
Stream Name**
Average Width
of Stream
Before Impact
Perennial or
Intermittent?
leasespecify)
C3-- f (YU11c�
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ill
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c� �-t—
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip -rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip -rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
,A,wvv.usgs..gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., \NwnA1.topozone.com,
w•ww.mapquest.coni, etc_).
Cumulative impacts (linear distance in feet) to all streams on site: S-ti'f
Page 6 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma
Type of Impact*
Area of
Impact
(acres)
Name of Waterbody
(if applicable)
Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands ❑ stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.): MH,'- nPrAl Cry b -Q -
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): int- hu
Size of watershed draining to pond: P'cr�- L,Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 12

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http •//h2o.enr. state.nc.us/ncwetlands/strm,gide.htm.l.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed. ,
A 'X _ It n _ 1, __ Ll - o , — I ... I..
Page 8 of 12

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hqp://ti2o.enr.state.nc.us/M/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): wcry prno I c rn
Amount of buffer mitigation requested (square feet): �3t l- f t 0
Amount of Riparian wetland mitigation requested (acres):
Amount of Non -riparian wetland mitigation requested (acres): 'It
Amount of Coastal wetland mitigation requested (acres): mcg—
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ❑ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No ❑
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requ' epients), or other (please identify )?
Yes ❑ No If you answered "yes", provide the following information:
Page 9 of 12

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone*
Impact Multiplier
(square feet)
Required
Mitigation
1
Nit 3
2
1.5
Total
" Zone 1 extends out 3U feet perpendicular from near bank of channel; Gone 1 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or .0260.
oc� I t CabUL-
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the pro erty.
A4nn ��'' _,nn
n ^ ,,,,kms --
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No ®'
Is this an after -the -fact permit application?
Yes ❑ No
Page 10 of 12

XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
AA p Agent's Signature Date
(AgeVs signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office
Alexander
Cherokee
Iredell
Mitchell
US Army Corps of Engineers
Avery
Clay
Jackson
Polk
151 Patton Avenue
Buncombe
Cleveland
Lincoln
Rowan
Room 208
Burke
Gaston
Macon
Rutherford
Asheville, NC 28801-5006
Cabarrus
Graham
Madison
Stanley
Telephone: [phone]
Caldwell
Haywood
McDowell
Swain
Fax: [phone]
Catawba
Henderson
Mecklenburg
Transylvania
Raleigh Regulatory Field Office
Alamance
Durham
Johnston
Rockingham
US Army Corps Of Engineers
Alleghany
Edgecombe
Lee
Stokes
6508 Falls of the Neuse Road
Ashe
Franklin
Nash
Surry
Suite 120
Caswell
Forsyth
Northampton
Vance
Raleigh, NC 27615
Chatham
Granville
Orange
Wake
Telephone: [phone]
Davidson
Guilford
Person
Warren
Fax: [phone]
Davie
Halifax
Randolph
Wilkes
Washington Regulatory Field Office
Beaufort
Currituck
Jones
US Army Corps Of Engineers
Bertie
Dare
Lenoir
Post Office Box 1000
Camden
Gates
Martin
Washington, NC 27889-1000
Carteret*
Green
Pamlico
Telephone: [phone]
Chowan
Hertford
Pasquotank
Fax: [phone]
Craven
Hyde
Perquimans
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: [phone]
Fax: [phone]
Anson
Duplin
Onslow
Bladen
Harnett
Pender
Brunswick
Hoke
Richmond
Carteret
Montgomery
Robeson
Columbus
Moore
Sampson
Cumberland
New Hanover
Scotland
Page 11 of 12
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only

US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service
US Fish and Wildlife Service
National Marine Fisheries Service
Raleigh Field Office
Asheville Field Office
Habitat Conservation Division
Post Office Box 33726
160 Zillicoa Street
Pivers Island
Raleigh, NC 27636-3726
Asheville, NC 28801
Beaufort, NC 28516
Telephone: [phone]
Telephone: [phone]
Telephone: [phone].
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail ServiceCenter4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 276994617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
CAMA and NC Coastal Counties
Division of Coastal Management
Beaufort
Chowan
Hertford
Pasquotank
1638 Mail Service Center
Bertie
Craven
Hyde
Pender
Raleigh, NC 27699-1638
Brunswick
Currituck
New Hanover
Perquimans
Telephone: [phone]
Camden
Dare
Onslow.
Tyrrell
Fax: [phone]
Carteret
Gates
Pamlico
Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator
Alleghany
Caldwell
Watauga
3855 Idlewild Road
Ashe
Mitchell
Wilkes
Kemersville, NC 27284-9180
Avery
Stokes
Telephone: [phone]
Burke
Surry
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn. Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: [phone]
Graham
Madison
Transylvania
Fax: [phone]
Haywood
McDowell
Yancey
Page 12 of 12

ATTACHMENT I
Mallard Creek Village / Mallard Creek Woods Development
Charlotte, North Carolina
CB Development proposes to construct a multi -family residential subdivision in north
Charlotte, known as Mallard Creek Village/ Mallard Creek Woods. Included in the
development of the subdivision are proposed roadways that traverse wetland areas
located on the property. Refer to Figure 2 for the site layout. For this project, standard
construction equipment will be utilized including excavating, hauling, grading, and other
construction equipment.
The proposed development encompasses approximately 110 acres of which
approximately 246.25 feet of an intermittent stream and drainage will be impacted as a
result of roadway crossings. These wetland impact areas (IA) are indicated on Figure 2
and are summarized below:
■ IA 1 — This area totals approximately 69.00 feet of intermittent stream and is required-
for
equiredfor the construction of an access road and sidewalks (Figure 5). The construction in
this area consists of the installation of two 54 -inch concrete culverts, rip -rap erosion
control material and miscellaneous fill material required to provide the vehicular
access to the site.
IA 2 - This area totals approximately 75.00 feet of intermittent stream and is required
for the construction of an access road (Figure 6). The impacts to this area will be
similar to those in IA 1 (i.e. culvert, erosion control material, and fill).
■ IA 3 — This area totals approximately 102.25 feet of intermittent stream and is
required for the construction of an access road (Figure 7). The impacts to this area
will be similar to those in IA 1 (i.e. culvert, erosion control material, and fill).
Specific measures were taken to avoid impact to "Waters of the US" at the site. Previous
site plans placed residential buildings and parking lots within the intermittent stream
(Figures 3 and 3A). Based on the revised site plan, residential buildings and parking lots
are adjacently located to the intermittent stream (Figurel).
Residential development and access roads will comprise a total of approximately 55 acres
within the 110 acre property. Stormwater management will be accomplished through the
use of several catch basins located in the access roads and with the construction of
culverts and rip -rap erosion control material where the stormwater will drain into
sediment basins.

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DELINEATED -------
WETLANDS
W -RAP,
IMPACTED AREA IA -1
/ o M DAMES & MOORE NC—A NORTH
/ C' CAROLINA GENERAL PARTNERSHIP
CROUP A GSM A ND0 ARIATE
TITLE:
IMPACTED WETLAND AREA IA -1
APPROXIMATE SCALE
0 100 200
FEET
PROJECT:
MALLARD CREEK VILLAGE AND WOODS
CHARLOTTE, NORTH CAROLINA
D&M Joe NO.: 47204-001 FIGURE 5

APPROXIMATE SCALE
0 100 200
FEET
TITLE:
DELINEATED
WETLANDS
IMPACTED AREA IA -2
DC. DAMES & MOORE NC -A NORTH
U CAROLINA GENERAL PARTNERSHIP
GROW ADAMBRMOOREAFFLM
IMPACTED WETLAND AREA IA -2
PROJECT: MALLARD CREEK VILLAGE AND WOODS
CHARLOTTE, NORTH CAROLINA
D&M JOB NO.: 47204-001 FIGURE 6

IMPACTED AREA IA -3 \
APPROXIMATE SCALE
0 100 200
FEET
TITLE:
- DELINEATED
WETLANDS
2DAMES & MOORE NC -A NORTH
CAROUNA GENERAL PARTNERSHIP
A DAMES l MOOIE AFRIM
IMPACTED WETLAND AREA IA -3
(PROJECT: MALLARD CREEK VILLAGE AND WOODS I CHARLOTTE. NORTH CAROLINA
D&M JOB NO.: 47204_001 1 .FIGURE 7

DATA FORM
ROUTINE WETLAND DEiL31N MTION
AI COE Witbndss Liwwatbn Manusq -
Pro;.ct/Shc jj_',C
Applksnt/Ownipr:
Lao Normal Ckwmatai " exit on ow a'"?
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DATA FORM
ROUTINE WETLAND DETBIII MTION
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P94act/Slte:
Date: _
County:
Do Normal Pu umm exbt on Ow sialconrler�iq �:
Is the SIa sipnilkandy dMu6ed. lAtypical Slp &dal? Ya TNMGU Rk T
IS the ane t Kabb n Mat Ya Plot 10:
f f needed, _exPlOn On remsei
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DATA FORM
ROUTINE WETLAND DEn MINATM
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Projrct/Slta:
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Is ft dit sipniBcandr d. l typiW Sit o"? Ya Ns Transect IDk
Is the arra s"l.otantiM ftfiobh m Anal Yes No Plot ID:
IK nodded, explai gn rovmgj
HYDFIOLOGY
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fteom Loko, w rdi GWAP
Acid Phwvf o►r '
odw
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Rdd Obowvodwm
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FAC -Ho and Test
Odkw ffmplain in Rwnwk4
11
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SONS
irl.o 1Jnik now
worw 1oo1 we
EMM
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!�!. .— .�.
.- .
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seuwr< oao. _ avn+ls�..utr� b s.rw Sol.
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Roe+irfc�
WETLAND 0191 MWAT10N
Lt

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200131052 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: CB Development Company, Inc.
Address: 1045 Burke St.
Winston-Salem, NC 27101
Telephone No.:
Size. and Location of project (water body, road name/number, town, etc.):
Mallard Creek Village / Mallard Creek Woods Phase I located on approx. 110 acre tract
between Mallard Creek Church Rd. and I-85; north of Charlotte
Description of Activity:
Impact approx. 246 LF of intermittent, unnamed tributaries to Mallard Creek for the
purpose of constructing access roads and sidewalks to serve the above referenced
development.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date August 28, 2001
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification February 11, 2002
cc: URS Dames & Moore
CESAW Forth 591
Revised July 1995

Permit Number: 200131052
Permit Type: NWP 39
Name of County: Mecklenburg
Name of Permittee: CB Development Co.
Date of Issuance: 8/28/01
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
PLEASE NOTE THAT THIS INFORMATION IS VERY IMPORTANT AND NEEDS TO BE SUBMITTED.
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date

N`VP # 39 - Residential Commercial and Institutional Develo ments.
a. Measures will be taken to prevent live or fresh concrete, including bags of uncured
concrete, from coming into contact with waters of the United States until the concrete has
hardened.
b. Where riprap material is utilized to stabilize banks, and to comply with Nationwide Permit
General Condition #3, Soil Erosion and Sediment Controls the permittee is required to
utilize filter cloth prior to the placement of the riprap material.
C' Discharges in wetlands and in perennial streams for stormwater management facilities are
not allowed under this NWP.
d. Single-family recreational facilities are not authorized by this NAP. Recreational facilities
can be authorized if incorporated into and serving the entire residential, commercial, or
institutional development.

Federal RegisterNol. 65, No. 47/Thursday, March 9,2000'
Nationwide Permit General Conditions
The following general conditions must be followed in order for any authorization by an
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those
species of aquatic life indigenous to the waterbody, including those species which normally
migrate through the area, unless the activity's primary purpose is to impound water. Culverts
placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the State or tribe in its Section 401 water
quality certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System; or in a river officially designated by Congress as a "study river" for
possible inclusion in the system, while the river is in an official study status; unless the
appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation, or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality ,
certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18,
32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification (either generically or
individually) does not require or approve a water quality management plan, the permittee must

of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed
in, or eligible for listing in, the National Register of Historic Places, the notification must state
which historic property may be affected by the proposed work or include a vicinity map
indicating the location of the historic property.
13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective
permittee must notify the District Engineer with a preconstruction notification (PCN) as early as
possible. The District Engineer must determine if the PCN is complete within 30 days of the date
of receipt and can request the additional information necessary to make the PCN complete only
once. However, if the prospective permittee does not provide all of the requested information,
then the District Engineer will notify the prospective permittee that the PCN is still incomplete
and the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed under
the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified in writing by the District or Division Engineer that an individual permit is
required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents of Notification: The notification must be in writing and include the
following information:
(1) Name, address, and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity; and
(4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include
a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g.,
submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph
13(f));
(5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information
regarding the original design capacities and configurations of those areas of the facility where
maintenance dredging or excavation is proposed.

(14) For NWP 40, Agricultural Activities, the PCN must include a compensatory
mitigation proposal to offset losses of waters of the United States.
(15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the
construction of new stormwater management facilities, a maintenance plan (in accordance with
State and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the United States.
(16) For NWP 44, Mining Activities, the PCN must include a description of all waters of
the United States adversely affected by the project, a description of measures taken to minimize
adverse effects to waters. of the United States, a description of measures taken to comply with the
criteria of the NWP, and a reclamation plan (for aggregate mining activities in isolated waters
and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining
activities).
(17) For activities that may adversely affect Federally -listed endangered or threatened
species, the PCN must include the name(s) of those endangered or threatened species that may be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work.
(18) For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected
by the proposed work or include a vicinity map indicating the location of the historic property.
(19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves
discharges of dredged or fill material into waters of the United States resulting in permanent,
above -grade fills within 100 -year floodplains (as identified on FEMA's Flood Insurance
Rate Maps or FEMA -approved local floodplain maps), the notification must include
documentation demonstrating that the proposed work complies with the appropriate FEMA or
FEMA -approved local floodplain construction requirements.
(c) Form of Notification: The standard individual permit application form (Form ENG
4345) maybe used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the
requisite information may also be used. -
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may, optionally, submit a proposed mitigation plan
with the PCN to expedite the process and the District Engineer will consider any proposed
compensatory mitigation the applicant has included in the proposal in determining whether the
net adverse environmental effects to the aquatic environment of the proposed work are minimal.

If so contacted by an agency, the District Engineer will wait an additional 15 calendar days
before making a decision on the notification. The District Engineer will fully consider agency
comments received within the specified time frame, but will provide no response to the resource
agency, except as provided below. The District Engineer will indicate in the administrative
record associated with each notification that the resource agencies' concerns were considered. As
required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and
Management Act, the District Engineer will provide a response to National Marine Fisheries
Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
(f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than
1/4 acre in size. The permittee may ask the Corps to delineate the special aquatic site. There may
be some delay if the Corps does the delineation. Furthermore, the 45 -day period will not start
until the wetland delineation has been completed and submitted to the Corps, where appropriate.
14. Compliance Certification. Every permittee who has received a Nationwide permit
verification from the Corps will submit a signed certification regarding the completed work and
any required mitigation. The certification will be forwarded by the Corps with the authorization
letter. The certification will include: (a) A statement that the authorized work was done in
accordance with the Corps authorization, including any general or specific conditions; (b) A
statement that any required mitigation was completed in accordance with the permit conditions;
and (c) The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NV,/Ts does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed \1/3\ acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters
of the United States or discharges of dredged or fill material, may occur in the proximity of a
public water supply intake except where the activity is for repair of the public water supply
intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters. of the
United States or discharges of dredged or fill material, may occur in areas of concentrated
shellfish populations, unless the activity is directly related to a shellfish harvesting
activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, may consist of unsuitable material
(e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged
must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7

consolidated mitigation approaches, such as mitigation banks, will be the preferred method of
providing compensatory mitigation, unless the District Engineer determines that activity -specific
compensatory mitigation is more appropriate, based on which is best for the aquatic
environment. These types of mitigation are preferred because they involve larger blocks of
protected aquatic environment, are more likely to meet the mitigation goals, and are more
easily checked for compliance. If a mitigation bank or other consolidated mitigation approach is
not available in the watershed, the District Engineer will consider other appropriate forms of
compensatory mitigation to offset the losses of waters of the United States to ensure that the net
adverse effects of the authorized work on the aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, in spawning areas during spawning
seasons must be avoided to the maximum extent practicable. Activities that result in the physical
destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important
spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must
be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity,
and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and must not increase water flows from the project site, relocate water, or redirect
water flow beyond preconstruction conditions. In addition, the activity must, to the maximum
extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream
of the project site, unless the activity is part of a larger system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in
navigable waters of the United States or discharge of dredged or fill material, creates an
impoundment of water, adverse effects on the aquatic system caused by the accelerated passage
of water and/or the restriction of its flow shall be minimized to the maximum extent practicable.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the United States or discharges of dredged or fill material, into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety
and the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic
Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, State
natural heritage sites, and outstanding national resource waters or other waters officially
6

permittee must notify the District Engineer in accordance with General Condition 13 and the
notification must include documentation that any permanent, above grade fills proposed in the
floodway comply with FEMA or FEMA -approved local floodplain construction requirements.
D. Further Information
1. District engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
11

A ,
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200230334-35 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: CB Development Company, Inc.
Address: 1045 Burke St.
Winston-Salem, NC 27101
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Mallard Creek Village/Mallard Creek Woods - Phase 1 located on 110 acre tract on the east
side of I-85 on Mallard Creek Church Road; in Charlotte
Description of Activity:
(1) NWP 14 (200230334) - Impact approx. 200 LF of an intermittent, unnamed trib. to
Mallard Cr. with culverting and associated riprap as part of a road crossing to serve the
above referenced development. Of the 200 LF of channel impact, 170 LF will be permanent;
(2) NWP 39 (200230335) - Impact approx. 436 LF of intermittent, unnamed trib. to Mallard
Cr. (mostly determined to have "unimportant" aquatic function) with culverting and riprap
as part of the construction of 2 additional road crossings. Of the 436 LF of channel impact,
376 LF will be permanent impacts. In accordance with Charlotte/Mecklenburg SWIM
buffer requirements, the remaining stream channels on the property will be protected with
approx. 4.0 acres of adjacent vegetated buffers.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S. C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14,39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.

A '
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date January 30, 2002
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification March 18, 2003
cc: Dames & Moore
C&SAW Forth 591
Revised July 1995

Permit Number: 200230334-35
Permit Type: NWP 14,39
Name of County: Mecklenburg
Name of Permittee: CB Development Co., Inc.
Date of Issuance: 01/28/02
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
PLEASE NOTE THAT THIS INFORMATION IS VERY IMPORTANT AND MUST BE SUBMITTED.
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
Signature of Permittee Date

NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
MARCH 9, 2000
Linear Transportation Crossings. Activities required for the construction, expansion,
modification, or improvement of linear transportation crossings (e.g., highways, railways, trails,
and airport runways and taxiways) in waters of the United States, including wetlands, provided
the activity meets the following criteria:
a. This NWP is subject to the following acreage and linear limits:
(l) For public linear transportation projects in non -tidal waters, excluding non -tidal wetlands
adjacent to tidal waters, provided the discharge does not cause the loss of greater than \1/2\ acre
of waters of the United States;
(2) For public linear transportation projects in tidal waters or non -tidal wetlands adjacent to
tidal waters, provided the discharge does not cause the loss of greater than \1/3\ acre of waters of
the United States and the length of fill for the crossing in waters of the United States does not
exceed 200 linear feet, or;
(3) For private linear transportation projects in all waters of the United States, provided the
discharge does not cause the loss of greater than \1/3\ acre of waters of the United States and the
length of fill for the crossing in waters of the United States does not exceed 200 linear feet;
b. The permittee must notify the District Engineer in accordance with General Condition 13 if
any of the following criteria are met:
(1) The discharge causes the loss of greater than \1/10\ acre of waters of the United States; or
(2) There is a discharge in a special aquatic site, including wetlands;
c. The notification must include a compensatory mitigation proposal to offset permanent losses
of waters of the United States to ensure that those losses result only in minimal adverse effects to
the aquatic environment and a statement describing how temporary losses of waters of the United
States will be minimized to the maximum extent practicable;
d. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of the affected special aquatic sites;
1

e. The width of the fill is limited to the minimum necessary for the crossing;
f. This permit does not authorize stream channelization, and the authorized activities must not
cause more than minimal changes to the hydraulic flow characteristics of the stream, increase
flooding, or cause more than minimal degradation of water quality of any stream (see General
Conditions 9 and 21);
g. This permit cannot be used to authorize non-linear features commonly associated with
transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars; and
h. The crossing is a single and complete project for crossing a water of the United States.
Where a road segment (i.e., the shortest segment of a road with independent utility that is part of
a larger project) has multiple crossings of streams (several single and complete projects) the
Corps will consider whether it should use its discretionary authority to require an individual
permit. (Sections 10 and 404)
Note: Some discharges for the construction of farm roads, forest roads, or temporary roads for
moving mining equipment may be eligible for an exemption from the need for a Section 404
permit (see 33 CFR 323.4).
2

NATIONWIDE PERMIT #14: LINEAR TRANSPORTATION CROSSINGS.
Section 10 and 404
PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be
used and maintained in effective operating condition during construction, and all exposed soil
and other fills, as well as any work below the ordinary high water mark or high tide line, must be
permanently stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those
species of aquatic life indigenous to the waterbody, including those species, which normally
migrate through the area, unless the activity's primary purpose is to impound water. Culverts
placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions which may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the State or tribe in its Section 401 water
quality certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a "study river" for
possible inclusion in the system, while the river is in an official study status; unless the
appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely effect the Wild and Scenic River
designation, or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality Certification. The permittee must comply with all conditions of General Water
Quality Certification No. 3289, issued by the North Carolina Division of Water Quality
3

(NCDWQ) on June 1, 2000.
10. Coastal Zone Management. The North Carolina Division of Coastal Management
(NCDCM), has waived consistency.
11. Endangered Species.
a. No activity is authorized under any NWP, which is likely to jeopardize the continued
existence of a threatened or endangered species, or a species proposed for such designation, as
identified under the Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non -Federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the Endangered Species
Act have been satisfied and that the activity is authorized. For activities that may affect
Federally -listed endangered or threatened species or designated critical habitat, the notification
must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed
work. As a result of formal or informal consultation with the FWS or NMFS, the District
Engineer may add species-specific regional endangered species conditions to the NWP's.
b. Authorization of an activity by a NWP does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act.
In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected
species are in violation of the Endangered Species Act. Information on the location of
threatened and endangered species and their critical habitat can be obtained directly
from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries
Service or their world wide web pages at http://www,fws.gov/r9endspp/endspp.html and
http://nfms.gov/prot_res/esahome.html, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33CFR 330.4(8)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property may be affected by the proposed work or include a
4

vicinity map indicating the location of the historic property.
13. Notification:
a. Timing. Where required by the terms of the NWP, the prospective permittee must notify
the District Engineer with a PreConstruction Notification (PCN) as early as possible. The
District Engineer must determine if the PCN is complete within 30 days of the date of receipt and
can request the additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the PCN is still incomplete and the
PCN review process will not commence until all of the requested information has been received
by the District Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified by the District or Division Engineer that an individual permit is required;
or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2); and
b. Contents of notification. The notification must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project; and
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; and other NWP(s), regional general
permit(s) or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity.
(4) For NWP 12, the PCN must also include a delineation of affected special aquatic
sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds),
and riffle and pool complexes (see paragraph 13(o);
(5) For NWP 14, the PCN must include a compensatory mitigation proposal to offset
permanent losses of waters of the United States and a statement describing how temporary losses
of waters of the United States will be minimized to the maximum extent practicable.
5

(6) For NWP 14, where the proposed work involves discharges of dredged or fill into
waters of the United States resulting in permanent, above -grade fills within 100 -year floodplains
(as identified on FEMA's Flood Insurance Rate Maps or FEMA -approved local floodplain
maps), the notification must include documentation demonstrating that the proposed work
complies with the appropriate FEMA or FEMA -approved local floodplain construction
requirements.
c. Form of Notification: The standard individual permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all the information required in b.(1)-(6) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the District
Engineer, will determine whether the activity authorized by the NWP will result in more than
minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the
PCN to expedite the process and the District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the effects on the aquatic environment are minimal, the District Engineer will notify the
permittee and include any conditions the District Engineer deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee is required to submit a compensatory mitigation
proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective
permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer
will expeditiously review the proposed compensatory mitigation plan. The District Engineer
must review the plan within 45 days of receiving a complete PCN and determine whether the
conceptual or specific proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
(after consideration of the compensatory mitigation proposal) are determined by the District
Engineer to be minimal, the District Engineer will provide a timely written response to the
applicant stating that the project can proceed under the terms and conditions of the nationwide
permit.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then he will notify the applicant either:
(1) that the project does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit;
5

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
MARCH 9, 2000
Residential, Commercial, and Institutional Developments. Discharges of dredged or fill
material into non -tidal waters of the United States, excluding non -tidal wetlands adjacent to tidal
waters, for the construction or expansion of residential, commercial, and institutional building
foundations and building pads and attendant features that are necessary for the use and
maintenance of the structures. Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation
facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an
integral part of the residential development). The construction of new ski areas or oil and gas
wells is not authorized by this NWP. Residential developments include multiple and single unit
developments. Examples of commercial developments include retail stores, industrial facilities,
restaurants, business parks, and shopping centers. Examples of institutional developments
include schools, fire stations, government office buildings, judicial buildings, public works
buildings, libraries, hospitals, and places of worship. The activities listed above are authorized,
provided the activities meet all of the following criteria:
a. The discharge does not cause the loss of greater than \1/2\ acre of non -tidal waters of the
United States, excluding non -tidal wetlands adjacent to tidal waters;
b. The discharge does not cause the loss of greater than 300 linear feet of stream bed;
c. The permittee must notify the District Engineer in accordance with General Condition 13, if
any of the following criteria are met:
(1) The discharge causes the loss of greater than \1/10\ acre of non -tidal waters of the United
States, excluding non -tidal wetlands adjacent to tidal waters; or
(2) The discharge causes the loss of any open waters, including perennial or intermittent
streams, below the ordinary high water mark (see Note, below).
d. For discharges in special aquatic sites, including wetlands, the notification must include a
delineation of affected special aquatic sites;
e. The discharge is part of a single and complete project;
f. The permittee must avoid and minimize discharges into waters of the United States at the
project site to the maximum extent practicable, and the notification, when required, must include
a written statement explaining how avoidance and minimization of losses of waters of the United

States were achieved on the project site. Compensatory mitigation will normally be required to
offset the losses of waters of the United States. (See General Condition 19.) The notification
must also include a compensatory mitigation proposal for offsetting unavoidable losses of waters
of the United States. If an applicant asserts that the adverse effects of the project are minimal
without mitigation, then the applicant may submit justification explaining why compensatory
mitigation should not be required for the District Engineer's consideration;
g. When this NWP is used in conjunction with any other NWP, any combined total permanent
loss of waters of the United States exceeding \1/10\ acre requires that the permittee notify the
District Engineer in accordance with General Condition 13;
h. Any work authorized by this NWP must not cause more than minimal degradation of water
quality or more than minimal changes to the flow characteristics of any stream (see General
Conditions 9 and 21);
i. For discharges causing the loss of \1/10\ acre or less of waters of the United States, the
permittee must submit a report, within 30 days of completion of the work, to the District
Engineer that contains the following information: (1) The name, address, and telephone number
of the permittee; (2) The location of the work; (3) A description of the work; (4) The type and
acreage of the loss of waters of the United States (e.g., \1/12\ acre of emergent wetlands); and (5)
The type and acreage of any compensatory mitigation used to offset the loss of waters of the
United States (e.g., \1/12\ acre of emergent wetlands created on-site);
j. If there are any open waters or streams within the project area, the permittee will establish
and maintain, to the maximum extent practicable, wetland or upland vegetated buffers next to
those open waters or streams consistent with General Condition 19. Deed restrictions,
conservation easements, protective covenants, or other means of land conservation and
preservation are required to protect and maintain the vegetated buffers established on the project
site; and
k. Stream channelization or stream relocation downstream of the point on the stream where the
annual average flow is 1 cubic foot per second is not authorized by this NWP.
Only residential, commercial, and institutional activities with structures on the foundation(s)
or building pad(s), as well as the attendant features, are authorized by this NWP. The
compensatory mitigation proposal required in paragraph (f) of this NWP may be either
conceptual or detailed. The wetland or upland vegetated buffer required in paragraph 0) of this
NWP will normally be 25 to 50 feet wide on each side of the stream, but the District Engineer
may require wider vegetated buffers to address documented water quality concerns. The required
wetland or upland vegetated buffer is part of the overall compensatory mitigation requirement for
this NWP. If the project site was previously used for agricultural purposes and the farm
owner/operator used NWP 40 to authorize activities in waters of the United States to increase
production or construct farm buildings, NWP 39 cannot be used by the developer to authorize
additional activities in waters of the United States on the project site in excess of the acreage

limit for NWP 39 (i.e., the combined acreage loss authorized under NWPs 39 and 40 cannot
exceed \1/2\ acre).
Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984, a
notification pursuant to paragraph (c) of this NWP is required for any discharge which would
cause the aggregate total loss of waters of the United States for the entire subdivision to exceed
\1/10\ acre. Any discharge in any real estate subdivision which would cause the aggregate total
loss of waters of the United States in the subdivision to exceed \1/2\ acre is not authorized by this
NWP, unless the District Engineer exempts a particular subdivision or parcel by making a written
determination that the individual and cumulative adverse environmental effects would be
minimal and the property owner had, after October 5, 1984, but prior to July 21, 1999, committed
substantial resources in reliance on NWP 26 with regard to a subdivision, in circumstances where
it would be inequitable to frustrate the property owner's investment -backed expectations. Once
the exemption is established for a subdivision, subsequent lot development by individual
property owners may proceed using NWP 39. For the purposes of NWP 39, the term "real estate
subdivision" shall be interpreted to include circumstances where a landowner or developer
divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring,
leasing, or developing said parcels. This would include the entire area of a residential,
commercial, or other real estate subdivision, including all parcels and parts thereof. (Sections 10
and 404)
Note: Areas where there is no wetland vegetation are determined by the presence or absence of
an ordinary high water mark or bed and bank. Areas that are waters of the United States based on
this criteria would require a PCN even though water is infrequently present in the stream channel
(except for ephemeral waters).

NATIONWIDE PERMIT #39 Residential, Commercial,
and Institutional Developments
Section 10 and 404
PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including
maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be
used and maintained in effective operating condition during construction, and all exposed soil
and other fills, as well as any work below the ordinary high water mark or high tide line, must be
permanently stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of those
species of aquatic life indigenous to the waterbody, including those species which normally
migrate through the area, unless the activity's primary purpose is to impound water. Culverts
placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions which may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the State or tribe in its Section 401 water
quality certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river officially designated by Congress as a "study river" for
possible inclusion in the system, while the river is in an official study status; unless the
appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely effect the Wild and Scenic River
designation, or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality Certification. The permittee must comply with all conditions of General Water
Quality Certification No. 3287, issued by the North Carolina Division of Water Quality
(NCDWQ) on June 6, 2000.

10. Coastal Zone Management. The North Carolina Division of Coastal Management
(NCDCM) has waived consistency.
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identi sled under the Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non -Federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the Endangered Species
Act have been satisfied and that the activity is authorized. For activities that may affect
Federally -listed endangered or threatened species or designated critical habitat, the notification
must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed
work. As a result of formal or informal consultation with the FWS or NMFS, the District
Engineer may add species-specific regional endangered species conditions to the NWP's.
b. Authorization of an activity by a NWP does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act.
In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected
species are in violation of the Endangered Species Act. Information on the location of
threatened and endangered species and their critical habitat can be obtained directly
from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries
Service or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and
http://nfms.gov/prot_res/esahome.html, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places, the
notification must state which historic property maybe affected by the proposed work or include a
vicinity map indicating the location of the historic property.

13. Notification:
a. Timing. Where required by the terms of the NWP, the prospective permittee must notify
the District Engineer with a PreConstruction Notification (PCN) as early as possible. The
District Engineer must determine if the PCN is complete within 30 days of the date of receipt and
can request the additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the PCN is still incomplete and the
PCN review process will not commence until all of the requested information has been received
by the District Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
(2) If notified by the District or Division Engineer that an individual permit is required;
or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2); and
b. Contents of notification. The notification must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project; and
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; and other NWP(s), regional general
permit(s) or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity.
(4) For NWP 39 the PCN must also include a delineation of affected special aquatic
sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds),
and riffle and pool complexes (see paragraph 13(f));
c. Form of Notification: The standard individual permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all the information required in b.(1)-(4) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the District

Engineer will determine whether the activity authorized by the NWP will result in more than
minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the
PCN to expedite the process and the District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the effects on the aquatic environment are minimal, the District Engineer will notify the
permittee and include any conditions the District Engineer deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer prior to
commencing work. If the prospective permittee is required to submit a compensatory mitigation
proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective
permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer
will expeditiously review the proposed compensatory mitigation plan. The District Engineer
must review the plan within 45 days of receiving a complete PCN and determine whether the
conceptual or specific proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
(after consideration of the compensatory mitigation proposal) are determined by the District
Engineer to be minimal, the District Engineer will provide a timely written response to the
applicant stating that the project can proceed under the terms and conditions of the nationwide
permit.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then he will notify the applicant either:
(1) that the project does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit;
(2) that the project is authorized under -the NWP subject to the applicant's submission of
a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
(3) that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required in order to ensure
no more than minimal adverse effects on the aquatic environment, the activity will be authorized
within the 45 -day PCN period, including the necessary conceptual or specific mitigation or a
requirement that the applicant submit a mitigation proposal that would reduce the adverse effects
on the aquatic environment to the minimal level. When conceptual mitigation is included, or a
mitigation plan is required under item (2) above, no work in waters of the United States will
occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination. The District Engineer will consider any comments from Federal
and State agencies concerning the proposed activity's compliance with the terms and conditions
of the NWPs and the need for mitigation to reduce the project's adverse effects on the aquatic

environment to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than Y2 acre of waters of the United States, the District Engineer will, upon receipt of a
notification, provide immediately (e.g., via facsimile transmission, overnight mail, or other
expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service, State
natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and,
if appropriate, the National Marine Fisheries Service. {With the exception ofNWP 37) These
agencies will then have 10 calendar days from the date the material is transmitted to telephone or
fax the District Engineer notice that they intend to provide substantive, site-specific comments.
If so contacted by an agency, the District Engineer will wait an additional 15 calendar days
before making a decision on the notification. The District Engineer will fully consider agency
comments received within the specified time frame, but will provide no response to the resource
agency, except as provided below. The District Engineer will indicate in the administrative
record associated with each notification that the resource agencies' concerns were considered.
As required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and
Management Act, the District Engineer will provide a response to National Marine Fisheries
Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetlands Delineations. Wetland delineations must be prepared in accordance with the
current method required by the Corps. {For NWP 29 see paragraph (b)(9)(iii) for parcels less
than % acre in size.) The permittee may ask the Corps to delineate the special aquatic site.
There may be some delay if the Corps does the delineation. Furthermore, the 45 -day period will
not start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
g. For NWP 39 the PCN must also include a written statement to the District Engineer
explaining how avoidance and minimization of losses of waters of the United States were
achieved on the project site.
h. For NWP 39 the PCN must include a compensatory mitigation proposal that offsets
unavoidable losses of waters of the United States or justification explaining why compensatory
mitigation should not be required.
is For activities that may adversely affect Federally -listed endangered or threatened species,
the PCN must include the name(s) of those endangered or threatened species that may be affected
by the proposed work or utilize the designated critical habitat that may be affected by the
proposed work.
j. For activities that may affect historic properties listed in, or eligible for listing in, the
National Register of Historic Places, the PCN must state which historic property may be affected
by the proposed work or include a vicinity map indicating the location of the historic property.

k. For NWP 39 where the proposed work involves discharges of dredged or fill into waters
of the United States resulting in permanent, above -grade fills within 100 -year floodplains (as
identified on FEMA's Flood Insurance Rate Maps or FEMA -approved local floodplain maps),
the notification must include documentation demonstrating that the proposed work complies with
the appropriate FEMA or FEMA -approved local floodplain construction requirements.
14. Compliance Certification. Every permittee who has received a Nationwide permit
verification from the Corps will submit a signed certification regarding the completed work and
any required mitigation. The certification will be forwarded by the Corps with the authorization
letter. The certification will include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the permit
conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may occur in the proximity of a public
water supply intake except where the activity is for repair of the public water supply intake
structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the
United States or discharges of dredged or fill material, may consist of unsuitable material (e.g.,
trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be
free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse
effects to waters of the United States to the maximum extent practicable at the project site (i.e.,
on site). Mitigation will be required when necessary to ensure that the adverse effects to the
aquatic environment are minimal. The District Engineer will consider the factors discussed

below when determining the acceptability of appropriate and practicable mitigation necessary to
offset adverse effects on the aquatic environment that are more than minimal
a. Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts
requiring a PCN. Consistent with National Policy, the District Engineer will establish a
preference for restoration of wetlands to meet the minimum compensatory mitigation ratio, with
preservation used only in exceptional circumstances.
b. To be practicable, the mitigation must be available and capable of being done considering
costs, existing technology, and logistics in light of the overall project purposes. Examples of
mitigation that may be appropriate and practicable include, but are not limited to: reducing the
size of the project; establishing and maintaining wetland or upland vegetated buffers to protect
open waters such as streams; and replacing losses of aquatic resource functions and values by
creating, restoring, enhancing, or preserving similar functions and values, preferably in the same
watershed;
c. The District Engineer will require restoration, creation, enhancement, or preservation of
other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure
that the adverse effects on the aquatic environment are minimal. An important element of any
compensatory mitigation plan for projects in or near streams or other open waters is the
establishment and maintenance, to the maximum extent practicable, of vegetated buffers next to
open waters on the project site. The vegetated buffer should consist of native species. The
District Engineer will determine the appropriate width of the vegetated buffer and in which cases
it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the
stream, but the District Engineer may require wider vegetated buffers to address documented
water quality concerns. If there are open waters on the project site and the District Engineer
requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on
the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the
remaining compensatory mitigation acreage after the permanently filled wetlands have been
replaced on a one-to-one acreage basis. In addition, compensatory mitigation must address
adverse effects on wetland functions and values and cannot be used to offset the acreage of
wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g.,
for NWP 39, I/4 acre of wetlands cannot be created to change a %z acre loss of wetlands to a'/4
acre loss; however; % acre of created wetlands can be used to reduce the impacts of a 1/3 acre
loss of wetlands). If the prospective permittee is required to submit a compensatory mitigation
proposal with the PCN, the proposal may be either conceptual or detailed.
d. To the extent appropriate, permittees should consider mitigation banking and other
appropriate forms of compensatory mitigation. If the District Engineer determines that
compensatory mitigation is necessary to offset losses of waters of the United States and ensure
that the net adverse effects of the authorized work on the aquatic environment are minimal,
consolidated mitigation approaches, such as mitigation banks, will be the preferred method of
providing compensatory mitigation, unless the District Engineer determines that activity -specific
compensatory mitigation is more appropriate, based on which is best for the aquatic environment.
These types of mitigation are preferred because they involve larger blocks of protected aquatic

environment, are more likely to meet the mitigation goals, and are more easily checked for
compliance. If a mitigation bank or other consolidated mitigation approach is not available in the
water shed, the District Engineer will consider other appropriate forms of compensatory
mitigation to offset the losses of waters of the United States to ensure that the net adverse effects
of the authorized work on the aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United
States or discharges of dredged or fill material, in spawning areas during spawning seasons must
be avoided to the maximum extent practicable. Activities that result in the physical destruction
(e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning
area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and must not increase water flows from the project site, relocate water, or redirect
water flow beyond preconstruction conditions. In addition, the activity must, to the maximum
extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream
of the project site, unless the activity is part of a larger system designed to manage water flows.
22. Adverse Effects From Impoundments. If the activity, including structures and work in
navigable waters of the United States or discharge of dredged or fill material, creates an
impoundment of water, adverse effects on the aquatic system caused by the accelerated passage
of water and/or the restriction of its flow shall be minimized to the maximum extent practicable
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the
affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated
marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers,
critical habitat for Federally listed threatened and endangered species, coral reefs, State natural
heritage sites, and outstanding national resource waters or other waters officially designated by a
State as having particular environmental or ecological significance and identified by the District
Engineer after notice and opportunity for public comment.
a. Except as noted below, discharges of dredged or fill material into waters of the United
States are not authorized by NWP 39 for any activity within, or directly affecting, critical

resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill
materials into waters of the United States may be authorized by the above NWPs in National
Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such
discharges may be authorized in designated critical habitat for Federally listed threatened or
endangered species if the activity complies with General Condition 11 and the U.S. Fish and
Wildlife Service or the National Marine Fisheries Service has concurred in a determination of
compliance with this condition.
26. Fills Within 100 -Year Floodplains. For purposes of this general condition 100 -year
floodplains will be identified through the Federal Emergency Management Agency" (FEMA)
Flood Insurance Rate Maps or FEMA -approved local floodplain maps.
a. Discharge Below Headwaters. Discharges of dredged or fill material into waters of the
United States resulting in permanent, above -grade fills within the 100 -year floodplain at or below
the point on a stream where the average annual flow is five cubic feet per second (i.e., below
headwaters) are not authorized by NWP 39.
b. Discharges in Headwaters (i.e., above the point on a stream where the average annual flow
is five cubic feet per second).
(1) Flood Fringe. Discharges of dredged or fill material into waters of the United States
resulting in permanent, above -grade fills within the flood fringe of the 100 -year floodplain of
headwaters are not authorized by NWP 39, unless the prospective permittee notifies the District
Engineer in accordance with General Condition 13. The notification must include
documentation that such discharges comply with FEMA or FEMA -approved local floodplain
construction requirements.
(2) Floodway. Discharges of dredged or fill material into waters of the United States
resulting in permanent, above -grade fills with the floodway of the 100 -year floodplain of
headwaters are not authorized by NWP 39.
27. The permitee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will
be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
REGIONAL CONDITIONS
1. Prior to the use of any NWP in a designated "Outstanding Resource Water" (ORW), a
designated "High Quality Water" (HQW) or a designated "Primary Nursery Area" (PNA), of

North Carolina or in contiguous wetlands (as defined by the North Carolina Division of Water
Quality) to any of the above waters, proponents must notify the Wilmington District Engineer
and furnish a written statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to working in the waters and/or contiguous wetlands and why
alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable
adverse impacts to the waters and/or adjacent wetlands as may be required by the applicable
NWP. Work may proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized, representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the above information.
2. Prior to use of any NWP in a designated "Area of Environmental Concern" (AEC) in the
twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA), a proponent must first obtain the required CAMA permit and furnish
a copy of the CAMA permit to the Wilmington District.
3. Prior to the use of any NWP on a barrier island of North Carolina, proponents must
notify the Wilmington District Engineer and furnish a written statement of compliance with all of
the conditions of the applicable NWP. Notification will include the location of work; a
description of work; a delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to provide compensatory mitigation for all unavoidable
adverse impacts to wetlands or waters as may be required by the conditions of the applicable
NWP. Work may proceed only after the permittee has received written, telephonic, or faxed
approval from the authorized representative of the District Engineer to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the above information.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
proponents must notify the Wilmington District Engineer and furnish a written statement of
compliance with all of the conditions of the applicable NWP. Notification will include the
location of work; a description of work; a delineation of wetlands; a discussion of alternatives to
the work and why alternatives were not selected; and a plan to provide compensatory mitigation
for all unavoidable adverse impacts to wetlands or waters as may be required by the conditions of
the applicable NWP. Work may proceed only after the permittee has received written,
telephonic, or faxed approval from the authorized representative of the District Engineer to
proceed. Normally such notice to proceed will be furnished within 30 calendar days of receipt of
the above information.
5. Prior to use of any NWP for construction of animal waste facilities in waters and/or
wetlands of North Carolina, proponents must notify the Wilmington District Engineer and
furnish a written statement of compliance with all of the conditions of the applicable NWP.
Notification will include the location of work; a description of work; a delineation of wetlands; a
discussion of alternatives to the work and why alternatives were not selected; and, a plan to
provide compensatory mitigation for all unavoidable adverse impacts to wetlands or waters as
may be required by the applicable NWP. Work may proceed only after the permittee has
received written, telephonic, or faxed approval from the authorized representative of the District

Engineer to proceed. Normally such notice to proceed will be furnished within 30 calendar days
of receipt of the above information.
NOTE: The total area of wetlands impacted, including wetlands drained by upland perimeter
ditches or by other means, will be considered as cumulative impacts in making a decision to
assert discretionary authority under any NWP.
6. Prior to the use of any NWP in mountain trout waters within twenty-five (25) designated
counties of North Carolina, proponents must notify the Wilmington District Engineer and furnish
a written statement of compliance with all of the conditions of the applicable NWP. Notification
will include a letter of comments and recommendations from North Carolina Wildlife Resources
Commission (NCWRC); the location of work; a delineation of wetlands; a discussion of
alternatives to working in the mountain trout waters and why alternatives were not selected; and
a plan to provide compensatory mitigation for all unavoidable adverse impacts to the mountain
trout waters. Work may proceed only after the permittee has received written, telephonic, or
faxed approval from the authorized representative of the District to proceed. Normally such
notice to proceed will be furnished within 30 calendar days of receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany
Ashe
Avery
Buncombe
Burke
Caldwell
Cherokee
Clay
Graham
Haywood
Henderson
Jackson
Macon
Madison
McDowell
Mitchell
Polk
Rutherford
Stokes
Surry
Swain
Transylvania
Watauga
Wilkes
Yancy
b. To obtain the required letter of approval from the North Carolina Wildlife Resources
Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
512 North Salisbury Street
Raleigh, NC 27611
Telephone [phone]
Special Regional Conditions
I. The following waters within the State of North Carolina will be excluded from use of
Nationwide Permits #39:
Discharges into Waters of the United States designated by the North Carolina Division of
14

Marine Fisheries as anadromous fish spawning area are prohibited during the period between
March 1 and May 30.
II. The following waters within the State of North Carolina will be subject to additional
notification requirements for activities authorized by Nationwide Permits #39:
Before the nationwide permits listed above can be utilized in a designated "Outstanding
Resource Water" (ORW) (as defined by the North Carolina Division of Water Quality) or a
"Primary Nursery Area" (PNA) (as defined by the North Carolina Division of Marine
Fisheries) within the State of North Carolina, the prospective permittee must notify the District
Engineer with a preconstruction notification pursuant to the procedures identified in
Nationwide Permit General Condition #13.
III. The following waters within the State of North Carolina will be subject to additional
notification requirements for activities authorized by Nationwide Permits #39:
A. Before the nationwide permits listed above can be utilized in a designated "Area of
Environmental Concern" (AEC) in the. twenty (20) counties of Eastern North Carolina covered
by the North Carolina Coastal Area Management Act (CAMA), a proponent must first obtain
the required CAMA permit and furnish a copy of the CAMA permit to the appropriate
Wilmington District Regulatory Field Office (Wilmington Field Office — P.O. Box 1890,
Wilmington, NC 28402 or Washington Field Office — P.O. Box 1000, Washington, NC
27889).
B. Before the nationwide permits listed above can be utilized on a barrier island of North
Carolina, proponents must notify the Wilmington District Engineer in accordance with General
Condition 13 and furnish a written statement of compliance with all of the conditions of the
applicable nationwide permit.
C. Before the nationwide permits listed above can be utilized in a "Mountain or Piedmont
Bog" of North Carolina, proponents must notify the Wilmington District Engineer in
accordance with General Condition 13 and furnish a written statement of compliance with all
of the conditions of the applicable nationwide permit.
Note: The following wetland community types as identified by the N.C. Natural Heritage
Program document entitled, "Classification of Natural communities of North Carolina (Michael
P. Schafale and Alan S. Weakley, 1990), are subject to this regional condition.
15

r
Mountain Bogs Piedmont Bogs
Swamp Forest -Bog Complex Upland depression Swamp Forest
Swamp Forest -Bog Complex (Spruce Subtype
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
D. Before the nationwide permits listed above can be utilized within twenty-five (25)
designated counties of North Carolina that contain trout waters, proponents must notify the
Wilmington District Engineer in accordance with General Condition 13 and furnish a written
statement of compliance with all of the conditions of the applicable nationwide permit.
Notification will include a letter of comments and recommendations from North Carolina
Wildlife Resources Commission (NCWRC), the location of work, a delineation of wetlands, a
discussion of alternatives to working in the mountain trout waters and why alternatives were
not selected, and a plan to provide compensatory mitigation for all unavoidable adverse
impacts to the mountain trout waters. To facilitate coordination with the NCWRC, the
proponent may provide a copy of the notification to the NCWRC concurrent with the
notification to the District Engineer. The NCWRC will respond both to the proponent and
directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany
Ashe
Avery
Buncombe
Burke
Caldwell
Cherokee
Clay
Graham
Haywood
Henderson
Jackson
Macon
Madison
McDowell
Mitchell
Polk
Rutherford
Stokes
Surry
Swain
Transylvania
Watauga
Wilkes
Yancey
To obtain the required letter from the North Carolina Wildlife Resources Commission, a
proponent should contact:
North Carolina Wildlife Resources Commission
Habitat Conservation Program Manager
1721 Mail Service Center
Raleigh, NC 27699-1721
Telephone [phone]
I

micnaei r. r-asiey, governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
August 9, 2001
Mecklenburg County
DWQ Project # 011096
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Greg Poulos
CB Development Co. Inc
1045 Burke Street°
Winston-Salem, NC 27101 ,mac.•"-
Dear Mr. Poulos:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 246 linear feet
of streams for the purpose of constructing an apartment complex at Millard Creek Village/Mall and Creek Woods as described in your
application recieved July 16, 2001 and revised on July 23, 2001. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Number 39 when
the Corps of engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply Water shed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If you
change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby 7esponsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Deed notifications or similar *mechanisms shall be placed on all remaining jbrisdictional wetlands and streams to notify the state in
order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the
date of this letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwater management plan shall be approved by this Office before the impacts
specified in this Certification occur. Thi stormwater management plan must include plans and specifications for stormwater
management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by
this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be
implemented.
3. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify
DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached
form and return it to the 401 /Wetlands Unit of the Division of Water Quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Carolina General Statutes to time Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Todd St John at 919-733-9584 or Pete Colwell at our Mooresville Regional Office at 704-663-1699.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748

Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Todd St. John
Kristine McCarthy; Dames & Moore NC
Sincerely,

DWQ Project No.: County:
Armlicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division
of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621.This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer.lt is not necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent's Certification
I, 1, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
If this project was designed by a Certified Professional
I, . as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the
construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature Registration No. Date

Q Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
0 Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
May 6, 2003
Mr. R. Todd Fisher, PE
GNA Design Associates, Inc.
428 East Fourth Street, Suite 408
Charlotte, NC 28202
Subject: Mallard Creek Village/Abbington Place
DWO Project No. 011896
Mecklenburg County
Dear Mr. Fisher:
This Office is in receipt of the plans dated March 21, 2003 and revised April 24, 2003 for the three
stormwater management ponds at the subject facility submitted to the Division on April 28, 2003. Staff from the
Wetlands Unit reviewed the plans and found them acceptable.
Please note that the stormwater management proposed is only for most of the northwest side of the main road
(the areas labeled 5,6,8,9 and10 on the plans dated May 7,2002). The rest of the properties shall still require
stormwater management plans. Please note that this approval is for water quality purposes only and shall not
be construed as an approval of the design for dam/outlet structure integrity, Dam Safety, public safety, or flood
attenuation purposes.
If you have any questions
cc: Mooresville Regional Office
Todd St. John
File
this matter, please contact Mr. Todd St. John at [phone].
bin 1�
W�hn R. Dorney
tlands Unit Su i r
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/

GLIA DESIGN ASSOCIATES, INC
ZL
GNA DESIGN
ASSOCIATES, INC.
428 East Fourth Street
Suite 408 [phone]
Charlotte, NC 28202
Fax [phone]
GNA Job No. 51325
April 25, 2003
Mr. Todd St. John
NCDENR - Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: DWQ Project No. 01-1896
Stormwater Management Plan
Abbington Place at Pinnacle Point, Charlotte, NC
(formerly Mallard Creek Woods)
Dear Todd:
In response to your letter dated April 11, 2003, concerning the above -referenced
project, the following items are hereby submitted for your review and approval:
1. Stormwater management basin outlet structure detail, revised to
incorporate a turned -down pipe at the orifice outlet.
2. Completed Wet Detention Basin Worksheet for each basin.
3. Executed Operation and Maintenance Agreement for each stormwater
management basin.
Please contact me at 704-373-1907 with any additional information needs.
Sincerely,
R. Todd Fisher, P.E.
Senior Civil Engineer
Principals
Teresa L. Hawkins, ASLA encl.
Landscape Architecture
Jeff D. Oden, PE
Civil Engineering
F. Lee Howell, PLS
Surveying

Project No. DWQ 0NkVcl( (to be provided by DWQ)
DIVISION OF WATER QUALITY - 401 WET DETENTION BASIN WORKSHEET
DWO Stormwater Manaiement Plan Review:
A complete stormwater management plan submittal includes a wet detention basin worksheet for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a fully executed
operation and maintenance agreement. An incomplete submittal package will result in a request for additional
information and will substantially delay final review and approval of the project.
I. PROJECT INFORMATION (please complete the following information):
Project Name �
Contact Person: 16MI", `�E2 Phone Number: ( M ) `3 - `i
For projects with multiple basins, specify which basin this worksheet applies to: Xt AS\,Na A
Basin Bottom Elevation
649{ o ft.
(average elevation of the floor of the basin)
Permanent Pool Elevation
G50.0 ft.
(elevation of the orifice invert out)
Temporary Pool Elevation
&5z • 5 ft.
(elevation of the outlet structure invert in)
Permanent Pool Surface Area
'1021 sq. ft.
(water surface area at permanent pool elevation)
Drainage Area
\3.`t1 ac.
(on-site and off-site drainage to the basin)
Impervious Area
(o `(3 ac.
(on-site and off-site drainage to the basin)
'11J Nlc`11AAA j
Permanent Pool Volume
Zt,'i50 cu. ft.
(volume of main basin aad-forob*y)
Temporary Pool Volume
Ztvr GZ`1 cu. ft.
(volume detained on top of the permanent pool)
Forebay Volume
(o.Li53 cu. ft.
t�u.e\ ,a� �,�n�5�n2r e\�ve��•�.. � n�� tnc�vc�eJ
SADA used
(surface area to drainage area ratio)
Diameter of Orifice
L in.
(draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have
been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of
why.
Applicants Initials
a-(�- The temporary pool controls runoff from the 1 inch storm event.
(2-kv The basin length to width ratio is greater than 3:1.
V The basin side slopes are no steeper than 3:1.
A submerged and vegetated perimeter shelf at less than 6:1 is provided.
c Vegetation to the permanent pool elevation is specified.
An emergency drain is provided to drain the basin.
i The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
t The temporary pool draws down in 2 to 5 days.
The forebay volume is approximately equal to 20% of the total basin volume.
Sediment storage is provided in the permanent pool.
V7 Access is provided for maintenance.
F A minimum 30 -foot vegetative filter is provided at the outlet.
A site specific operation and maintenance (O&M) plan is provided.
A vegetation management/mowing schedule is provided in the O&M plan.
'AT Semi-annual inspections are specified in the O&M plan.
01-F A debris check is specified in the O&M plan to be performed after every storm event.
tN-F A specific sediment clean-out benchmark is listed (elevation or depth) in O&M plan.
O-tl% A responsible party is designated in the O&M plan.
FORM SWG100 09/97 Page 1 of 1

Project No. DWQ 0 \\1�61;l fo (to be provided by DWQ)
DIVISION OF WATER QUALITY - 401 WET DETENTION BASIN WORKSHEET
DWQ Stonnwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin worksheet for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a fully executed
operation and maintenance agreement. An incomplete submittal package will result in a request for additional
information and will substantially delay final review and approval of the project,
I. PROJECT INFORMATION (please complete the following information):
Project Name : (kA,� Ari (?.NNACLE c�
Contact Person: is '-S'FiE2 Phone Number: ('704
For projects with multiple basins, specify which basin this worksheet applies to:�� ►J
Basin Bottom Elevation (033. u ft. (average elevation of the floor of the basin)
Permanent Pool Elevation 031.0 ft. (elevation of the orifice invert out)
Temporary Pool Elevation 6-3'y � 0 ft. (elevation of the outlet structure invert in)
Permanent Pool Surface Area \7_11i(oo sq. ft. (water surface area at permanent pool elevation)
Drainage Area \Z.`t2. ac. (on-site and off-site drainage to the basin)
Impervious Area 5." 1 \ ac. (on-site and off-site drainage to the basin)
Permanent Pool Volume `AA 5-10 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume Z.2,o7_3 cu. ft. (volume detained on top of the permanent pool)
Forebay Volume \\M4 cu. ft. ((0A1 )k4a �c,sz�xysl
SADA used N .'55 (surface area to drainage area ratio)
Diameter of Orifice Z in. (draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have
been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of
why.
Applicants Initials
F The temporary pool controls runoff from the 1 inch storm event.
The basin length to width ratio is greater than 3:1.
The basin side slopes are no steeper than 3:1.
A submerged and vegetated perimeter shelf at less than 6:1 is provided.
I (F Vegetation to the permanent pool elevation is specified.
OTIP An emergency drain is provided to drain the basin.
e The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
The temporary pool draws down in 2 to 5 days.
"V The forebay volume is approximately equal to 20% of the total basin volume.
Sediment storage is provided in the permanent pool.
Access is provided for maintenance.
(� A minimum 30 -foot vegetative filter is provided at the outlet.
1 A site specific operation and maintenance (O&M) plan is provided.
A vegetation management/mowing schedule is provided in the O&M plan.
�i Semi-annual inspections are specified in the O&M plan.
i F A debris check is specified in the O&M plan to be performed after every storm event.
i� A specific sediment clean-out benchmark is listed (elevation or depth) in O&M plan.
A responsible party is designated in the O&M plan.
FORM SWG100 09/97 Page 1 of 1

Project No. DWQ (to be provided by DWQ)
DIVISION OF WATER QUALITY - 401 WET DETENTION BASIN WORKSHEET
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin worksheet for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a fully executed
operation and maintenance agreement. An incomplete submittal package will result in a request for additional
information and will substantially delay final review and approval of the project.
I. PROJECT INFORMATION (please complete the following information):
Project Name: VkPQAQ_- ( ,oN
Contact Person: Phone Number: 00'-\) 'V1"0 61
For projects with multiple basins, specify which basin this worksheet applies to: 1(1�S\ N1 C-,
Basin Bottom Elevation b ft. (average elevation of the floor of the basin)
Permanent Pool Elevation �`. U ft. (elevation of the orifice invert out)
Temporary Pool Elevation G5ki V ft. (elevation of the outlet structure invert in)
Permanent Pool Surface Area \\Nkk sq. ft. (water surface area at permanent pool elevation)
Drainage Area 1 •Ciel ac. (on-site and off-site drainage to the basin)
Impervious Area �-A `5I ac. (on-site and off-site drainage to the basin)
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
SADA used
Diameter of Orifice
352 ZSc, cu. ft.
'VICICs3 cu. ft.
9 `�5(a cu. ft.
7-C-1
Z in.
(combined volume of main basin and forebay)
(volume detained on top of the permanent pool)
(surface area to drainage area ratio)
(draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have
been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of
why.
Ap licants Initials
I elF The temporary pool controls runoff from the 1 inch storm event.
The basin length to width ratio is greater than 3:1.
�( The basin side slopes are no steeper than 3:1.
A submerged and vegetated perimeter shelf at less than 6:1 is provided.
14F Vegetation to the permanent pool elevation is specified.
9F An emergency drain is provided to drain the basin.
0-\'F The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
Af The temporary pool draws down in 2 to 5 days.
_ E The forebay volume is approximately equal to 20% of the total basin volume.
(� Sediment storage is provided in the permanent pool.
AF Access is provided for maintenance.
F A minimum 30 -foot vegetative filter is provided at the outlet.
A site specific operation and maintenance (O&M) plan is provided.
1 A vegetation management/mowing schedule is provided in the O&M plan.
MF _ Semi-annual inspections are specified in the O&M plan_
l A debris check is specified in the O&M plan to be performed after every storm event.
1 A specific sediment clean-out benchmark is listed (elevation or depth) in O&M plan.
A responsible party is designated in the O&M plan.
FORM SWG100 09/97 Page 1 of 1
4 T- i QA-, �c, A5 Eh (,5-f $rKI GV2.p NXr Co,,AT 2A1,N (S .

WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
ABBINGTON PLACE AT PINNACLE POINT - BASIN A
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads _3.75 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 1.1 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Berm Elev. = 656.5 Permanent Pool Elevation = 650.0_
Sediment R moval EI. = 655.4 5%
Sediment Removal Elevation = 646.25 75%
Bottom EI vation = 655.0 25% — — _ — — — — —
Bottom Elevation = 645.0 25%
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet [wetland] detention basin system shall be maintained in good working order.
Page 1 of

8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All
accumulated sediment and debris shall be removed from the structure, and a level elevation shall be
maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or
replanted as necessary.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: James Chr sson
Title: Vice President
Address
Phone:
Signatu
Date: 'f - L :.s-- C s
Note: The legally responsible party should not be a homeowners association unless more than 50% of the
lots have been sold and a resident of the subdivision has been named the president.
I , lizabc� h C • l,-� h' + E- , a Notary Public for the State of �1(�rt'h C'c Yoh ► n a
County of -Forte h , do hereby certify that m
ae5 G fru 5s O N
personally appeared before me this A 6 day of , 2 QO-3 and acknowledge the due
execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and
official seal,
OFFICIAL SEAL
ELIZ09H C. WHITE
NOTARY PUBLIC -NORTH CAROLINA
COUNTY OF FORSYTH
my Commission Exits February 25.2007
SEAL
My commission expires 5
Page 2 of 2

WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
ABBINGTON PLACE AT PINNACLE POINT - BASIN B
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads —3.0—feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 1.5 feet in the forebay, the sediment shall be removed.
Sediment
Bottom EI
al EI. = 635.5
:ion = 635.0
FOREBAY
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation = 637.0
Sediment Removal Elevation = 634.012'5%
%
Bottom Elevation = 633.0
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet [wetland] detention basin system shall be maintained in good working order.
Page 1 of 2

8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All
*accumulated sediment and debris shall be removed from the structure, and a level elevation shall be
maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or
replanted as necessary.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: James Ch ysson
Title: Vice President
Address
Phone:
Signatu
©AMK: z
Note: The legally responsible party should not be a homeowners association unless more than 50% of the
lots have been sold and a resident of the subdivision has been named the president.
I, F j z_a > f h C • LL)h 1'4-&- , a Notary Public for the State of N nr t h C_a rd jr) a
County of T::,O rsy+h , do hereby certify that
personally appeared before me this day of� r i� , .2-t2, L and acknowledge the due
execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and
official seal,
--
ELIZA M C. WHITE
NOTARY PUBLIC -NORTH CAROLINA
COUNTY OFFORSYTH
— — _ My Commission F)0= F&U11y 25,2W
SEAL
My commission expires
Page 2 of 2

WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
ABBINGTON PLACE AT PINNACLE POINT - BASIN C
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads _3.0 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed.
Sediment Rhmoval EI. = 647.
Bottom Elevation = 647.0 25%
FOREBAY
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation = 650.0
Sediment Removal Elevation = 647.0 __4t75%
Bottom Elevation = 646.0 *25%
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet [wetland] detention basin system shall be maintained in good working order.
Page 1 of 2

8. , Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All
accumulated sediment and debris shall be removed from the structure, and a level elevation shall be
maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or
replanted as necessary.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: James Chr sson
Title: Vice President
Address: 1045 Burke Street; Winston-Salem NC 27101
Phone:
Signatu
Date: - j - a'Y
Note: The legally responsible party should not be a homeowners association unless more than 50% of the
lots have been sold and a resident of the subdivision has been named the president.
C, L) h ,' fie. , a Notary Public for the State of n n cth Ca. nd i r,a,
County of �F0r-559- _b , do hereby certify that =a -r- e -S • C' hr n d�
personally appeared before me this ,'2--3 day of epr: 1 ao03, and acknowledge the due
execution of the forgoing wet [wetland] detention basin maintenance requirements. Witness my hand and
official seal,
OFFICIAL SEAL
ELIZABETH C. WHITE
NOTARY PUBLIC -NORTH CAROLINA
amy
COUNTY OF FORSYTH Commission E*res February 25, 2007
SEAL
My commission expires 5
Page 2 of 2

6 `,
Mr, George Poulos
CB Development Company
1045 Burke Street
Winston- Salem, NC.27101
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural -Resources
January 23, 2006
Subject Property: Abbington Place at Pinnacle Point
APPROVAL OF STORMWATER MANAGEMENT PLAN
Dear Mr. Poulos:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 01-1896
Mecklenburg County
On January 12, 2006, the Division of Water Quality (DWQ) received the revised storm water
management plan prepared by your engineer, Mr. Todd Fisher, P.E, of GNA Design Inc. This Plan has
been reviewed and satisfies the storm water management conditions of the 401 Water Quality
Certification issued on August 13, 2002.
The structural storm water practices as approved by DWQ as well as drainage patterns must be
maintained in perpetuity. No changes to the structural storm water practices shall be made without
written authorization from the Division of Water Quality. Storm water easements shall be recorded for a
distance of at least 10 feet on each side of all storm water conveyances on all lots containing these
structures including future access for maintenance. The storm water easements shall allow for the ability
to maintain the structures, perform corrective actions as described above and shall provide protection of
the structures from potential alternations by future property owners.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Samuel A. Aghimien at 919-733-3574.
Sincerely,
I
CA,
Cyndi B. Karoly
DWQ, 401 Oversight/Express Permitting Unit
CBK/Saa
cc: DWQ Raleigh Regional Office
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files
Sarah Burrill, GNA Design Inc, 428 East Fourth Street, Suite# 408,Charlotte, NC. 28202
Filename: 01-1896 Abbington Place BMP Approval, 1-23-06
One aro a
401 Oversight/E)press Review Permitting Unit Noa
JVlltllC/llllf
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://b2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

ICN ASSOCIATES, INC.
CA DES
GNA Job No. 58835
August 15, 2005
Mr. John Dorney
NCDENR — Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Stormwater Management Plan
Abbington Place at Pinnacle Point - Phase II, Charlotte, NC
DWQ Project No. 01-1896
Dear Mr. Dorney:
In accordance with the conditions of the Section 401 Water Quality Certification
approval issued August 13, 2002, for the Mallard Creek Woods property located in
Charlotte, Mecklenburg County, a Stormwater Management Plan for the Abbington
Place at Pinnacle Point Development was previously submitted and approved by the
Division of Water Quality (DWQ) on May 6, 2003, under DWQ Project No. 01-
1896. The previously -approved plan included three stormwater BMP basins (Basin
A, B, and C). Phase I of the Abbington Place project, which includes BMP Basin A,
has been constructed. Phase II of the project, which includes BMP Basins B and C,
has undergone a redesign based on a site plan utilizing duplex and triplex
condominium units in place of the apartment units previously shown.
Previously -approved BMP Basins B and C have been reconfigured to accommodate
the revised site plan. Submitted herewith for your review and approval are copies of
the revised grading and drainage plan for the Phase II project area along with revised
Principals
Teresa L. Hawkins, ASLA Sincerely,
Landscape. Architecture (� ----
Jeff D. Oden, PE
Civil Engineering R. Todd Fisher, P.E.
Associate
Mark E. Funkhouser, PLS
Surveying
encl.
pond construction details and associated design calculations for Basins B and C.
GNA DESIGN
ASSOCIATES, INC.
428 East Fourth Street
Please contact me at 704-373-1907 with any questions that you mayhave concerning
Suite 408 [phone]
Charlotte, NC 28202
this submittal.
Fax [phone]
Principals
Teresa L. Hawkins, ASLA Sincerely,
Landscape. Architecture (� ----
Jeff D. Oden, PE
Civil Engineering R. Todd Fisher, P.E.
Associate
Mark E. Funkhouser, PLS
Surveying
encl.

WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEM5NT
For Basin C
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning -
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 5.25 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
Permanent Pool Elevation 656.0
Sediment moval E1.6537 757/6
-- Sediment Removal Elevation 650._7.5 75%
Bottom E vation 653.0 5%------ --- _------_--- t-_.._/
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical_
7. All components of the wet detention basin system shall be maintained in good working order.
��� Page 1 of 2

a. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All
oved
accumulated sediment and debris shall be across the entire flow spreading structure. Any om the,structure, and a level elevation shall be
maintained Any down gradient erosion must be repaired and/or
replanted as necessary.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWO of any problems with the system or prior to any
changes to the system or responsible party.
Print name: James Ch son
Title: vice President
Note; The legally responsible party should not be a homeowners association unless more than 50% of the
lots have been sold and a resident of the subdivision has been named the president.
e, V\ � ?Y.�2r� _, a Notary Public for the State of Kb��
County ofRjc , do hereby certify thatuo-mes Ckr4SSQ
personally appeared before me this) day of AU() (,c � - _, abQ'S , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
OFFICIAL SM
KAREN B. SONBERT
PUBLIC -NOM CAROLINA
(10uNTY OF FORSYTH
MY r90,11IONIVA EXpir" dUm 2 2008
SEAL
My commission expires -5. a a•dC'
Page 2 of 2

YJtl/ 11/ zrjuz) 17. CJO f uvjjou r oo
WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
For Basin B
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.5 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 3.75 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
Permanent Pool Elevation 648.0
Sediment moval El 644.2 75 °
_ _ . Sediment Removal Elevation 643.5 75%
Bottom E vation 643.0 5%
------ --- _ .. _, ------- ., t nce/
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface_ These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet detention basin system shall be maintained in good working order.
Page 1 of 2

CJ0/ 11 / LCIC17 10. ri0 ! U40jou / 00 ullh i r -i-- --I --
8. Level spreaders or other structures that provide diffuse flow shall be maintained every six months. All
accumulated sediment and debris shall be removed from the structure, and a level elevation sha11 be
maintained across the entire flow spreading structure. Any down gradient erosion must be repaired and/or
replanted as necessary.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: James Chlysson
Title:
Addre
Phone
Signal
Date
Note: The legally responsible party should not be a homeowners association unless more than 50% of the
lots have been sold and a resident of the subdivision has been named the president.
I, c e Or• , a Notary Public for the State of kl `� fy'.-
County of, do hereby certify that J C+vne �. c or-,
personally appeared before me this I `� day of NA a(Asl , aMc1__, and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
OFFICIAL SEAL
KAREN B. SONBERT
NOTARY PUBLIC -NORTH CAROLINA
COUNTY OF FORSYTH
()MV CQmm{wlCn Expires Jung 7, M
L(I
SEAL
My commission expires `) �� n� CA.
Page 2 of 2

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533 CANDLEWOOD LANE
FLAT ROCK, NC 28731
DS 01852/PG 316
TAX ID: 047-441-01
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801 EAST TRADE STREET
SUITE 200
CHARLOTTE, NC 28202
DB 16599/PG 916
TAX ID: 047-181-25
ZONED: R-12MF (CD)
PORTION OF FORMER TRACT 4
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TAX# 047-441-01 AMERICAS 0 120 240
ZONED R-3 NEW YORK, NY 10020
\ TAX ID: 047-181-11
ZONED: R-17MF (CD)
( IN FEET )
1 inch = 60 ft.
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GRADING AND DRAINAGE NOTES
1 • REFER TO THE SITE PLAN FOR RELATED NOTES.
2. APPROVAL OF THIS PLAN IS NOT AN AUTHORIZATION TO GRADE ADJACENT PROPERTIES.
WHEN FIELD CONDITIONS WARRANT OFF-SITE GRADING, PERMISSION MUST BE OBTAINED
FROM THE AFFECTED OWNERS.
3. IN ORDER TO ENSURE PROPER DRAINAGE, KEEP A MINIMUM OF 0.59 SLOPE ON THE CURB
WITHIN PRIVATE & PUBLIC STREETS.
4. SUBSURFACE DRAINAGE FACILITIES MAY BE REQUIRED IN THE STREET RIGHT-OF-WAY IF
DEEMED NECESSARY BY THE INSPECTOR.
5. PRIOR TO INSTALLATION, PE SEALED SHOP DRAWINGS FOR UNDERGROUND DETENTION
SYSTEMS MUST BE FURNISHED TO CITY OF CHARLOTTE ENGINEERING FOR APPROVAL.
6. PRIOR TO C.O., SURVEYOR SEALED AS -BUILT DRAWINGS OF UNDERGROUND DETENTION
SYSTEMS MUST BE APPROVED.
7• ALL CONTOURS AND SPOT ELEVATIONS REFLECT FINISHED GRADES.
8. ALL ELEVATIONS ARE IN REFERENCE TO THE BENCHMARK. CONTRACTOR SHALL VERIFY THE
BENCHMARK PRIOR TO GROUND BREAKING.
9. THE CONTRACTOR SHALL IMMEDIATELY REPORT TO OWNER ANY DISCREPANCIES FOUND
BETWEEN ACTUAL FIELD CONDITIONS AND CONSTRUCTION DOCUMENTS AND SHALL WAIT FOR
INSTRUCTION PRIOR TO PROCEEDING.
10. CONTRACTOR SHALL VERIFY LOCATION OF ALL EXISTING UTILITIES IN THE FIELD PRIOR TO
BEGINNING CONSTRUCTION.
11. CONTRACTOR SHALL BLEND NEW EARTHWORK SMOOTHLY TO TRANSITION BACK TO EXISTING
GRADE.
12. ALL FILL SHALL BE PLACED IN MAXIMUM 8 -INCH LIFTS AND COMPACTED. ALL FILL WITHIN
LIMITS OF BUILDING AND PAVEMENT AREAS SHALL BE COMPACTED TO 100% STD. PROCTOR
DENSITY WITHIN THE TOP 24 INCHES AND A MINIMUM 98% STD. PROCTOR DENSITY BELOW
24 -INCH DEPTH. FILL WITHIN LANDSCAPED AREAS SHALL BE COMPACTED TO MINIMUM 909
STD. PROCTOR DENSITY. REFER TO GEOTECHNICAL ENGINEER'S REPORT FOR ADDITIONAL
EARTHWORK SPECIFICATIONS AND REQUIREMENTS.
13. LIMITS OF CLEARING SHOWN ON GRADING PLAN ARE BASED UPON THE APPROXIMATE CUT
AND FILL SLOPE LIMITS, OR OTHER GRADING REQUIREMENTS.
14. THE PROPOSED CONTOURS AND SPOT ELEVATIONS SHOWN WITHIN ROADWAYS, PARKING
LOTS, AND SIDEWALK AREAS REFLECT FINISHED ELEVATIONS INCLUDING PAVEMENT. REFER
TO PAVEMENT CROSS SECTION DATA TO ESTABLISH CORRECT SUBBASE OR AGGREGATE
BASE COURSE ELEVATIONS TO BE COMPLETED UNDER THIS CONTRACT.
15. CONTRACTOR SHALL ENSURE POSITIVE DRAINAGE SUCH THAT RUNOFF WILL DRAIN BY
GRAVITY FLOW ACROSS NEW PAVEMENT AREAS TO NEW OR EXISTING DRAINAGE INLETS, OR
SHEET OVERLAND.
16. PRIOR TO GRADING, THE CONTRACTOR SHALL CONTACT THE ZONING ENFORCEMENT OFFICER
TO ENSURE THAT ALL TREES MARKED TO REMAIN WILL BE PROPERLY FENCED OFF FOR
PROTECTION.
17• REFER TO C5.0 SERIES, EROSION CONTROL PLANS, FOR CONSTRUCTION SEQUENCE
REQUIREMENTS.
18. ALL GRADED OR DISTURBED AREAS BEYOND THE LIMITS OF PAVING, SIDEWALKS, BUILDINGS,
ETC., THAT ARE NOT OTHERWISE LANDSCAPED PER THE LANDSCAPING PLAN, SHALL BE
STABILIZED WITH A NEW LAWN SEEDED IN ACCORDANCE WITH THE SEEDING SPECIFICATION,
SHEET C5.1. CONTRACTOR SHALL MAINTAIN SEEDED AREAS UNTIL A HEALTHY STAND OF
GRASS IS ESTABLISHED.
19. STEWART ENGINEERING. INC, HAS NOT PERFORMED ANY GEOTECHNICAL EVALUATIONS OF THE
SUBJECT PROPERTY AND HAS NOT MADE ANY DETERMINATIONS AS TO THE SUITABILITY OF
SITE SOILS FOR USE AS FILL BENEATH PROPOSED BUILDINGS, DRIVEWAYS, PARKING AREAS,
OR FOR OTHER USES. ALL EARTHWORK SHALL BE COMPLETED IN ACCORDANCE WITH THE
RECOMMENDATIONS OF A QUALIFIED GEOTECHNICAL ENGINEER WHO SHALL BE RETAINED BY
THE OWNER.
20. STEWART ENGINEERING. INC, HAS NOT REVIEWED THE STRUCTURAL STABILITY OF ANY
EXISTING RETAINING WALLS ON THE SITE AND DOES NOT ASSUME ANY RESPONSIBILITY FOR
THE STRUCTURAL STABILITY OF SUCH WALLS, IF ANY. THE OWNER IS RESPONSIBLE FOR
RETAINING THE SERVICES OF A QUALIFIED ENGINEER TO REVIEW THE STRUCTURAL STABILITY
OF ALL EXISTING RETAINING WALLS SCHEDULED TO REMAIN, IF ANY, PRIOR TO START OF
CONSTRUCTIONS
21 • THE CONTRACTOR SHALL BE RESPONSIBLE FOR RETAINING THE SERVICES OF A QUALIFIED
ENGINEER TO COMPLETE THE DESIGN OF ALL PROPOSED RETAINING WALLS SHOWN ON THE
DRAWINGS. THE DESIGN OF ALL RETAINING WALLS IS TO BE CONDUCTED IN ACCORDANCE
WITH THE NORTH CAROLINA BUILDING CODE, SECTION 1610.3. DETAILED RETAINING WALL
DESIGN DRAWINGS, SEALED BY A NORTH CAROLINA LICENSED ENGINEER, SHALL BE
SUBMITTED TO THE LOCAL PLAN REVIEW AUTHORITY PRIOR TO CONSTRUCTION. A NORTH
CAROLINA LICENSED ENGINEER MUST PERFORM CONSTRUCTION OBSERVATION, VERIFYING IN
A SEALED LETTER TO THE LOCAL INSPECTION AUTHORITY THAT THE RETAINING WALLS WERE
CONSTRUCTED IN ACCORDANCE WITH THE APPROVED ENGINEERED DRAWINGS, IN COMPLIANCE
WITH SECTION 1610.3 OF THE NORTH CAROLINA BUILDING CODE.
UNNAMED TRIBUTARY
1 C^CAIr'1■
SYMBOL: DETAIL: DESCRIPTION:
■ NCDOT.DWW 840.04 PROPOSED CATCH BASIN
■ NCDOT.DWG 840.15 PROPOSED DROP INLET
■ OR • — PROPOSED AREA DRAIN/YARD INLET
• NCDOT.DWG 840.52 PROPOSED MANHOLE
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PROPOSED CLEANOUT
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PROPOSED STORM DRAINAGE LINE
PROPOSED ROOF DRAINAGE LINE
EXISTING CONTOUR LINE
PROPOSED CONTOUR LINE
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ARK DRIVE
CHARLOTTE, NC 28207 I I I
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OVERALL
GRADING
PLAN
DATE: 5-17-07
SCALE: HORIZ : 1" = 40'
JOB NO. X6031.00
SHEET: C300