20061656 Ver 2_401 Application_20110911

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giLLPECS n n
CAROLINAS LLP Setting the Standard for Service
CAROLINAS Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F -1078
September 7, 2011
Mr. Ian McMillan - - -
North Carolina Division of Water Quality, O LP - I Lo S Lo U a-
232 e Crabtree Blvd. Suite 250 --
Raleigh, North Carolina 27604
e
Subject: Pre - Construction Notification Ap0ieation
Request for 401 Water Quality Certification D �5 D
Legacy Cornelius - Westmoreland Road
Mecklenburg County, North Carolina S E P 0 8 2011
ECS Project 09.20235
[1 _VffiTMQUNM
Dear Mr. McMillan: WETLANOSANI)MNWA113tV NCH
Please find five copies of the Pre - Construction Notification Application for the above referenced
site. The site is located on Westmoreland Road in Mecklenburg County. The site consists of
an approximate 43.5 acre tract of land that contains undeveloped, wooded land, fields and a
dilapidated single family residence. The site is proposed for development with a multi- family
residential development and an associated club house building (Legacy Cornelius). In order for
the site to be used, a road must be constructed that will impact a stream.
The site was previously delineated by ECS and verified by Ms. Amanda Jones with the U.S.
Army Corps of Engineers (site visit on November 16, 2005, JD dated January 7, 2006 which
expired January 17, 2011). The Corps of Engineers previously issued a Nationwide Permit 39
for the proposed stream impacts (permit dated November 27, 2006, expired March 18, 2007).
The site plan, grading plan and storm water plan have been approved by the Town of
Cornelius, Mecklenburg County Land Use and Environmental Services (Luesa) and Charlotte
Mecklenburg Utility Department (CMUD).
Due to economic conditions, the project was temporarily placed on hold. The developer is
ready to move forward with the project but just realized that their Nationwide Permit has
expired. An updated PCN application, rapanos forms, a routine wetland determination data
form and updated exhibits/figures have been prepared and are included in this submittal. This
is a time sensitive project and it is critical that that the permitting process is expedited,
especially since a Nationwide Permit was previously issued for the proposed stream impact.
The initial permit information is also included to help expedite the process.
On behalf of Legacy Cornelius, LLC, I am requesting that a 401 Water Quality Certification be
issued to authorize the impact to 146 linear feet of stream channel. There are no other stream
or wetland impacts associated with the project. Mitigation is not proposed as part of this
project.
4811 Koger Boulevard • Greensboro, NC 27407 • T: 336 - 856 -7150 • F: 336 - 856 -7160 • www.ecslimited.com
ECS Carolinas, LLP • ECS Florida, LLC • ECS Mid - Atlantic, LLC • ECS Southeast, LLC • ECS Texas, LLP

Pre- Constucdon Abff ation Applicad n
Request for 401 Niter Quality C"fleadon
Legacy Cornelius — Westmoreland Road
Cornelius, Mecldenburg County, North Carolina
ECS Project 09 -20235
Please feel free to contact me at (336) 856 -7150 if you have any questions concerning this
request or if additional information is required. Thank you in advance for your timely
consideration of this matter.
Sincerely,
ECS Carolinas, LLP
Michael T. Brame
Principal Scientist
Attachments: Pre - Construction Notification Application
401 Water Quality Certification Fee - $240.00
2

D6 - 1 b S(D u2-
of WATE9
o� o� Office use Only:
Corps action ID no.
1
° < DWQ project no.
Form Version 1.3 Dec 10 2008
Pre- Construction Notification Form
A. Appkant Information
1. Processing
Itzinjaiv-
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number. 39 or General Permit (GP) number.
1c. Has the NWP or GP number been verified by the Corps?
FIR Yes
❑ No
Id. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
If. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑Yes
®No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Infonnedon
2a. Name of project:
Legacy Cornelius
2b. County:
Mecklenburg
2c. Nearest municipality / town:
Cornelius
2d. Subdivision name:
Westmoreland Road
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Legacy Comelius, LLC
3b. Deed Book and Page No.
22435 -124 rmq
3c. Responsible Party (for LLC if
applicable):
0M
g
Mr. Greg Nichols ffLS(9gflFAJ@
3d. Street address:
4600 Marriott Drive, Suite 100
3e. City, state, zip:
Raleigh, NC 27612
U 011
3f. Telephone no.:
(919) 877 -0021 4
QUALITY
3g. Fax no.:
(919) 877 -9559
3h. Email address:
gnichols @gciresiderrtial.com
Page I of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Infonedon (If different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
S. Agent(Consultant Information (If applicable)
5a. Name:
Mr. Michael Brame
5b. Business name
(if applicable):
ECS Carolinas, LLP
5c. Street address:
4811 Koger Boulevard
5d. City, state, zip:
Greensboro, NC 27407
5e. Telephone no.:
(336) 856 -7150
5f. Fax no.:
(336) 87160
5g. Email address:
mbmme @ecslimited.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Infonnation and Prior Project History
I. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
00541103
1 b. Site coordinates (in decimal degrees):
Latitude: 35.464881 Longitude: -
80.879464
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
43.5 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
McDowell Creek
2b. Water Quality Classification of nearest receiving water.
Class C
2c. River basin:
Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site currently contains undeveloped, wooded land and fields. Multi - family residential development is located south of
the site. Single family residences are located west and north of the site. Commercial development is located east of the
site, across Interstate 77.
3b. Ust the total estimated acreage of all existing wetlands on the property:
There are no wetlands on the site, outside the banks of the streams.
3c. Ust the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3,500 feet
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct apartments and a clubhouse on the site.
3e. Describe the overall project in detail, including the type of equipment to be used:
The site contains undeveloped, wooded land and fields. In order to prepare the site for construction, a portion of the site
will be cleared and graded. Undisturbed buffers will remain adjacent to the streams. Haulers, loaders, excavators and
other heavy equipment will be used to clear and grade the site. In order to utilize the site for its proposed use, an access
road must be constructed. The road is required to access the site from Westmoreland Road, the main entrance Into the
site. The access road will cross an unnamed tributary to McDowell Creek. The crossing will impact 146 linear feet of
stream channel The crossing will be constructed using the grading equipment on the site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: The site was previously delineated by ECS and
® Yes ❑ No ❑ Unknown
verified by Ms. Amanda Jones with the U.S. Army Corps of
Engineers (JD dated January 7, 2006, expired on January
17, 2011).
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ® Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Mr. Bud Titiow, confirmed by Mr. Michael
Agency/Consultant Com
Pay ECS Carolinas, LLP
Brame
Other.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
January 7, 2006 - Amanda Jones - USACE
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes No Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A Nationwide Permit 39 was issued for the proposed road crossing on November 27, 2006 that expired on March 18,
2007. ECS revisited the site on September 1, 2011. The conditions of the site are consistent with the conditions
observed during the previous delineation. Therefore, It was determined to be unnecessary to re- delineate the site. A
copy of the expired JD, ECS permit application and USACE permit are included as attachments and can be used to
provide supplemental information.
6. Future Project Plans
6a. Is this a phased project?
❑Yes C9 No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
we ❑ P [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland iimpacts
2h. Comments: Wetland impacts are not proposed.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
Permanent (P) or
(PER) or
intermittent
(Corps - 404, 10
DWO — non -404,
stream
width
length
(linear
Temporary m
1
(NT)?
other)
(feet)
feet)
S1 ®P ❑ T
Culvert - 72° RCP
Unnamed
❑ PER
®INT
® Corps
® DWQ
15.6
122
S2 ®P ❑ T
Rip Rap (Class 1)
Unnamed
❑ PER
® INT
® Corps
® DWQ
15.6
24
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ p ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and
tributary impacts
146
31. Comments: The stream impact exhibits are included as an attachment. During our site visit, the stream was dry. In an
effort to prevent sediment rom entering down - gradients streams or wetlands, a coffer dam will be constructed within the
proposed rip rap pad and water will be pumped around the construction area, if present.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑P [IT
03 ❑P [IT
04 ❑P [IT
4L Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond or Lake Construction
If pond or lake construction propposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Pond ID
proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
SL Total
5g. Comments: Ponds and lakes are not proposed.
5h. Is a dam high hazard permit required?
❑ Yes No If yes, permit ID no:
51. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this forth.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other.
Project is in which protected basin?
® Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Permanent (P) or
Reason
for
Stream name
Buffer
mitigation
Zone 1 impact
(square feet)
Zone 2 impact
(square feet)
Temporary
impact
required?
B1 ®P ❑ T
Road
Unnamed
® Yes
Acres
0.20 Acres
B2 ❑P ❑T
❑Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer hnpacts
61. Comments: The road will be constructed perpendicular to the stream. The buffer impacts should be exempt and should not
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Lm twui --t tv mmgauvn.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed Impacts in designing project.
There are approximately 3,500 linear feet of stream channel on the site. The site layout was designed to avoid impacts to the
majority of stream channel on the site. Due to constraints of the property boundaries, a culverted stream crossing is
necessary to provide road access to a portion of the site that is otherwise inaccessible. A relatively straight stream segment
was selected to minimize the impacts. A headwall and endwall have been designed to further minimize the impacts.
Minimization efforts also include numerous meetings with land planners, civil engineers and representatives of the
Mecklenburg County Planning Department to eliminate a second stream crossing that was originally planned.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Efforts will be made to construct the road crossing while the stream Is dry. A coffer dam will be constructed in the rip rap pad
so that water can be pumped around the construction site while the pipe is installed. Best Management Practices, including
the use of erosion control fencing and seeding and matting of slopes will be used to further prevent sediment from impacting
down gradient streams and wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in4leu fee program
❑ Permittee Responsible Mitigation
3. Complete If Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments: Mitigation is not proposed and should not be required.
4. Complete If Making a Payment to In4leu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool []cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: Mitigation is not proposed and should not be required.
S. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Mitigation is not proposed and should not be required.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
Buffer mitigation is not proposed and should not be required.
6h. Comments: Buffer mitigation is not proposed and should not be required.
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

E. Stonmwater Management and Diffuse Flow Plan (required by DWG)
1. Diffuse Flow Plan
1 a. Does the project include or is It adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Diffuse flow is not required or proposed.
Yes No
2. Stonnwater Management Plan
2a. What is the overall percent imperviousness of this project?
23.95%%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
This project requires a stormwater management plan. The plan has been designed and consists of eight biocells. The
biocells are designed to remove greater than 85% total suspended solids. The stormwater plan has been approved by
the Town of Comelius.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWO Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local governments jurisdiction is this project?
Comelius
® Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other.
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWG Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
0 ORW
(check all that apply):
® Session Law 2006 -246
❑ Other.
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5. DWG 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 Deoember 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWO Requirement)
la. Does the project involve an expenditure of public (federallstate/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments: A NEPA or SEPA are not required as part of this project.
2. Violations (DWO Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after- the -fact permit application?
❑ Yes ® No
2c. If you answered `free to one or both of the above questions, provide an explanation of the violabon(s):
3. Cumulative Impacts (DWO Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered uyes° to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
There are no future impacts anticipated as a result of this project.
4. Sewage Disposal (DWO Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Sanitary sewer lines from the proposed buildings will connect to the Mecklenburg County municipal sanitary sewer
system, located in the floodplain of McDowell Creek on the eastern portion of the site. The existing sewer line is located on
the western side of McDowell Creek. The proposed sewer lines will not impact streams or wetlands.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Page 11 of 12
PCN Form – Version 1.3 December 10, 2008 Version
5. Endangered Species and (Designated Critical Habitat (Corps Requirement)
5a. project occur in or near an area with federally protected species or
Yes
❑ ®No
habitat?
ll
5b. Have you checked with the USFWS concerning Endangered Species Act
es
❑Y ®No
impacts?
5c. if yes, indicate the USFWS Field Office you have contacted.
❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
We reviewed the North Carolina Natural Heritage Program list for federally listed threatened and endangered species that
have been identified on the Lake Norman South, North Carolina Quadrangle (the quadrangle that contains the site).
Federally listed threatened and endangered species are not ientified on the site quadrangle.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The stream that is being impacted was dry at the time of our reconnaissance. We did not observe fish or fish habitat in
the stream. The watershed has been designated as Gass C waters. The NC Natural Heritage Program List does not identify
protected fish species that have been identified in the vicinity of the site. Hest management practices will be used to prevent
off -site impacts to streams or other surface waters that may be inhabited by fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The site contains undeveloped, wooded land and fields. We reviewed the North Carolina State Historic Preservation
Office GIS map that idientifies designated properties. The map does not identify designated properties as being on the
site or on properties in the Immediate vicinity of the site. The nearest properties include J. Wilson Alexander Farm Tenant
House, Alexander House and Alexander Farm, located approximately 2,000 feet west of the site. These properties will
not be impacted by the proposed project.
S. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain? T10
Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: An area that has been designated by FEMA as a 100 year flood
plain and floodway are located on the eastern portion of the site. The project has been designed to comply with flood
plain regulations and have no impacts to the floodway. A crossing of an ephemeral feature on the northeastern portion of
the site was realigned to avoid impacts to the floodway.
8c. What source(s) did you use to make the floodplain determination? Site designs generated using information from FEMA
Flood Insurance Rate Maps and associated elevations.
—F
I
Page 11 of 12
PCN Form – Version 1.3 December 10, 2008 Version

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(Agents signature is valid only If an audwbatim letter from the applicant
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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NOTES
1. LO PING UM AS OEPICIED Of DRAW= WAS
LOCATED SRI= ON AS-OW FROWIED
91 THIE L11AI8D11E- 411EDIGDISIM LRRDY
GEPm mw or THE E16DIEli1B10 DAnSLI Of
CORCa LB TD
FIELD Y L
2. SURVEYDIO AND WWPM WS PE(6011I1® BY
R8 PNARR k ASSOCIRM PA. PAL SIDE 1234.
111801 S. WW SIMU. CORNEDLB. NC 28011.
3. Ta SURVEY WIS MODIFIED BY WS TO AM ONE
=01 Q01110URS TO THE TIEO m I =
sHLRTR LiY R.B. PIW81.
SITE
Comeous,
CAROLINA
101
ieoo
I¢
py>:P) C im 40
W0� 401 -7N0
Ls7= FOR AORUM
OF >m
SENIOR
aooma1 Z
61r0 ammo
— to
wa a.mo
1al or aRFR1m Nr
AR1 a8m48
Ym1 A
NOTES
1. LO PING UM AS OEPICIED Of DRAW= WAS
LOCATED SRI= ON AS-OW FROWIED
91 THIE L11AI8D11E- 411EDIGDISIM LRRDY
GEPm mw or THE E16DIEli1B10 DAnSLI Of
CORCa LB TD
FIELD Y L
2. SURVEYDIO AND WWPM WS PE(6011I1® BY
R8 PNARR k ASSOCIRM PA. PAL SIDE 1234.
111801 S. WW SIMU. CORNEDLB. NC 28011.
3. Ta SURVEY WIS MODIFIED BY WS TO AM ONE
=01 Q01110URS TO THE TIEO m I =
sHLRTR LiY R.B. PIW81.
SITE
Comeous,
CAROLINA
101

0
L
0
Ir
92MOLMM
1. ALL 110 IN AND MATERIALS SMALL COMFORM ID THE LOUR EDRON OF 71E MCDOT SrANOM SPECI71 999 UNLESS
COM R7� SPECDWD IN THS MANUAL ALL OONMUE USED FOR CRAMABE SnaX3URE3 SMALL HAVE A 1®LYUY
E STFIENOWN W 380D PS! AT 28 QM THIS RMOMOff SMALL BE FIRMED COIPI 'EVE STREMKH SPECWIED M 7ME NORRI COMM W 7RA1 KM1 SOA K
FOR ROADS AND SrRUCIUIM
L RBINORCED COMMME WE MAY RE USED M ALL 510181 OWN ARLWKI16 NW1 DENIM POLVE7N ENE PIPE ORIM
WT BE SUSSDMED 1;; PIPE DNIffIEA3 OF N OLCklE4 OR LOSS CAAVERIS BO MC1ES4 M OW0.TER OR QIFJOF3l W1V
BE ALUMD DFD STEEL PIPE CORRUOA7ED M:DLL PIPES MST � ALIRORIM OR AWN@% SIETZ.
s ALL PIPE SHALL BE LAN) MIN 718E BELL OR CRDWE UPGRADE AND THE BOOR ENTOMY MIER{OCKIM
6 W WWM WM FTRL ALL PIPES IS 700 (2) FEET 1EAMAXED FROM THE FBNL S WACE SPECIAL APPI =GMS FOR
UM THAN 7W0 CR) FEEr OF COIOE ML BE REMEW AND AF WAM BY TIE ENSWER MDAAOIWLY.
6 ALL PIES M SORM DRAM SIRMUMS SMALL eE RISK WW THE MW WALL
8. ALL MM DRAM S a=Wt S OVER 71gEE (3) FEET AND SOf Wo M ME pg YUSF MWE STEPS IN A�A"M
WITH SDOWARD DFD18S SEr FORTH IN LB3.gbOURO STORSAWM DESIGN WWIML
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SDICIAM USMB MOW MO® 70 MAKIP C UR13rS SPECFRy =M
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IffL7LE7B8t6 SIC81OL7ER DESIGN SWUM..
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EOi OMM. 70 ONE 1 FOOT VERDGL (2:1) AND Nor 70 EKEED 10' IEROUI 7ERRACMB OR THE
SLOPES SHALL BE EM A PROFiSSOK QEOTECNOOAL ENOMM AND APPRDM GN THE
EMWMM ON A CASE BY CASE BASE
CULVERT 11
PROP. 72 RCP.
97.5 Li ® 0.741%
INLET INVERT-72&22
OUTLET INVERT-727.50
(SEE SLEET CIODS FOR
PLAN, PROFILE AND
HYDRAULIC DATA)
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C3C12 ® ago 163
Cm Kam '20.0 163 _
N.G2 QOa 435 163
9301 002 -93.0 In =
Cim 11.61 on 163 -
w.bf 1,100 a5.o 163 _
Mm RAM at o 16
93m Mm 80 163
006 L7i �O 16
930-7 WO 70.p 16
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p11 K41M 36t is
4.705 MOM 77.7 ms -
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ALL ISOM7S RESERYED.
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C0803A
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WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont <
Project/Site: e 3 %:c A o City /County: Oros acKl Samp�ng Date: ✓ n,, 2a (1
Applicent/Owner LC State: G Sampling Point jW—1
Investigator(s): 'c 4.j Section, Township, Range:
Landfonn (hil slope, terrace. air..): ,ar a.: a. r _ Sk ua ig Local relief (concave, convex, none): ro dr C a v e Slope
Subregion (LRR or MLRA): L RP let — Ta - Y 7i Y 6 q 3 f qi q M Datum:
Soil Map Unit Name. n — ao. NWI classification: Azle
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No
(If no, explain in Remarks.) A' % $} it
Are Vegetation , Soll L or Hydrology _JV significantly disturbed? Are Normal Circuenstanoes'
present? Yes X No
Are Vegetation _,6L or Hydrology _ naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, Important features, etc.
Hydrophytic Vegetation Present? Yes L No Is the Sampled Area
Hydric Soil Present? Yes No X
within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Remarks: L l l _I
71.e Arse i.JPK-a or. Tern. are /76 T PIeS e..�. � he
SAS/ fit roa06% 45 l7oT' 16c.4,4 w 4 -orN at w e4-few
HYDROLOGY
Wetland Hydrology Indicabrs:
Secondary Indicators (minimum of two recuired)
Primary Indicators (minimum of ogre is recuired•
check all that aooly)
— Surface Soil Cracks (136)
— Surface Water (Al)
— True Aquatic Plants (B14)
— Sparsely Vegetated Concave Surface (138)
— High Water Table (A2)
— Hydrogen Sulfide Odor (C1)
_ Drainage Patterns (1310)
— Saturation (A3)
— OAdized Rhimspheres on Living Roots (0) — Moss Trim Lines (B16)
— Water Marks (131)
— Presence of Reduced Iron (C4)
— Dry-Season Water Table (C2)
— Sediment Deposits (B2)
— Recent Iron Reduction in Tilled Soils (C6)
— Crayfish Burrows (C8)
— Ddit Deposits (133)
— Thin Muck Surface (C7)
— Saturation Visible on Aerial Imagery (C9)
— Algal Mat or Crust (134)
— Other (Explain In Remarks)
— Stunted or Stressed Plants (D1)
— Iron Deposits (B5)
— Geomorphic Position (132)
— Inundation Visible on Aerial Imagery (137)
— Shallow Aquitard (133)
_ Water,-Stsined leaves (139)
Miaotopographic Relief (134)
— Aquatic Fauna (B13)
li FAGNeutral Test (DS)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
Depth (inches):
Saturation Present? Yes No
Depth (inches):
Wetland Hydrology Present? Yes No %C
r dudes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), ff available:
Remarks:
J�
L� -1
Q &4J 64C 5Pc Odle ►G �Q Ca�Or G�J�T
O �f "ell •
US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version

VEGETATION (Five Strata) - Use sclentffic names of plants.
Sampling Point:
r rj)soate uomm ma inaicator Domifuum Test worksheet:
(Plot size: 0 ) % Cover Species? Spa
Number of Dominant Species
That Are OBL, FACW, or FAC: *3 (A)
2. cci r IR (s r M ate• .� -��- Total Number of Dominant 3
3. Species Across All Strata: (B)
4.
Percent of Dominant Species ' 5' That Are OBL, FACW, or FAC: (A/B1
6.
7.
=
Sapling Stratum (Plot size: d ) Total Cover
2.
3.
4.
5.
6.
7.
3 =
Shrub Stratum (Plot size: ) Total Cover
1.
2.
3.
4.
5.
6.
7.
Herb to M (Plot size: 3 0 r = Total Cover
664
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Woody Vine Stratum (Plot size: O Total Cover
1.
2.
Total % Cover of Multiply by:
OBL species x 1 =
FACW spades x2=
FAC species x3=
FACU species X4=
UPL species X5-
Column Totals: _ 3 (A) ~% (B)
Prevalence Index = B/A =
1- Rapid Test for Hydrophytic Vegetation
2 - Dominance Test Is >50%
3 - Prevalence Index is s3.0'
_ 4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Tree - Woody plants, excluding woody vines,
approximately 20 It (6 m) or more In height and 3 In.
(7.6 an) or larger in diameter at breast height (DBH).
Sapling - Woody plants, excluding woody vines,
approximately 20 It (6 m) or more in height and less
than 3 in. (7.6 cm) DSH.
Shrub - Woody plants, excluding woody vines,
approximately 3 to 20 It (1 to 6 m) In height.
Herb - An herbaceous (non - woody) plants, including
herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approximately
3 ft (1 m) in height.
Woody vine - All woody vines, regardless of height.
3.
4. Hydrophytic
5. Vegetation
Present?
= Total Cover
Remarks: (Include photo numbers hem or on a separate sheet)
fil (ltjePaRaij is
Yes -'< No
US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version

SOIL
Sampling Pa1M: _
Profile Description: (Describe to the depth needed to document the indkator or confirm the absence of Indicators.)
Depth Mix
Redox Features
(inches) color (moist) _ %
Color (moist) _I� Lee
Texture Remarks
'Type: C=Concentratlon D=De letion RM= Reduoed Matrix MS--Masked Sand Grains.
'Location: PL=Pore Linin , M= Matra.
Hydric Soil Indicators:
huticators for Problematic Hydric Soils .
_ Histosol (Al)
_ Dark Surface (S7)
_ 2 cm Muck (A10) (MLRA 147)
_ Histic Epson (A2)
_ Polyvalue Below Surface (S8) (MLRA 147,148)
_ Coast PreMe Redox (A16)
_ Black Histic (A3)
_ Thin Dark Surface (S9) (MLRA 147,148)
(MLRA 147,148)
_ Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F19)
_ SbvAed Layers (A5)
_ Depleted Matrix (F3)
(MLRA 136,147)
_ 2 an Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
_ Red Parent Material (72)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (177)
_ Very Shallow Dark Surface (TF12)
_ Thick Dark Surface (Al2)
_ Redox Depressions (F8)
_ Other (Explain in Remarks)
_ Sandy Mucky Mineral (S1) (LRR N,
_ Iron - Manganese Masses (F12) (LRR N,
MLRA 147,148)
MLRA 136)
— Sandy Geyed Matrix (S4)
_ Umbric Surface (F13) (MLRA 136,122)
3Indicators of hydrophytic vegetation and
_ Sandy Redox (S5)
_ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present,
— Stripped Matra (S6)
unless disturbed or problematic.
Real: ikxive Lave observed):
Type:
Depth (inches):
Hydrk Soil Present? Yes No
Remarks:
dkf c a�-Oe- s w ere 410.1- o ,� sprvP�1
US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version

ECS Carolinas, LLP
AGENT AUTHOFUZA11ON
Scope of Work: (ream Permitting Services
Location: Wand Road
Comeltus, North Caroft
This form authorizes ECS to act as our agent in strearnMetland matters including U.S.
Army Corps of Engineers and North Carolina Division of Water Quality field verification
and permit application.
Owner /Agent Information:
= a �
I
A W jo i
Tetephone Number. Gl�g 0 471 -,0"/
Fax Number C?/9 �� �•D X062
E-mail Address: Ci/a1GN4l•��CiG1 fiF�tD��trl L.•GOtW
0j/

APPROVED JURISSDICTIONAL DETERMINATION FORM
U.S. ArmW Corps of Elms
'Ibis form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): Sir 7, 2011
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: AsheviIIe, Legacy Cornelius, Westmoreland Road, ECS Project No. 09-
20235
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Mecklenburg City: Cornelius
Center coordinates of site (lat/long in degree decimal format): Lat. 35.464881° R Long. - 80.879464°
Universal Transverse Mercator.
Name of nearest waterbody. McDowell Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03050101
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date:
Field Determination. Date(s): November 16, 2005
SECTION II• SUM14ARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There ® "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION
There ® "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
1. Waters of the U.S.
IL Indicate presence of wags of U.S. In review area (check all that apply):1
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) water;, including isolated wetlands
b. Identify ( estimate) size of waters of the U.S. in the review area:
Non - wetland waters. 3500 linear feet: 15 width (ft) and/or 1.21 acres.
Wetlands: 0 acres.
C. Liodds (boundaries) of Jorisdiction based on:
Elevation of established OHWM (if known): Unknown.
2. Non - regulated waters/wedands (CbeCk if applicaMe):3
13 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes chocked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an "W is defined as a tnbutary that is not a TNW and that typically flows year -rand or has continuous flow at least "seasomW'
(e.g., typically 3 months).
3 Supporting dacar =talon is presented in Section I]LF.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert Jurisdiction over TNWs and wetlands adjacent to TNWs. H the aquatic resource a a TNW, complete
Section HLA.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section IILD.i.; otherwise, see Section E[LB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacenr:
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IIr ANY):
This section sus information regarding characteristim of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for Jurisdiction established ender R4;aaans have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the trimtaries are "relatively permanent
waters" (RPWs), i.e. tiibntarm that typically flow year -round or have cow flow at least seasonally (e g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource Is not a TNW, but bas year -round
(perennial) flow, skip to Section IILD11 If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
slap to Section iILDA.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include to the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a sissafficent nexus finding is net rregmred as a matter Of law.
If the waterbW is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine it the
waterbody has a significant nexus with a TNW. u the tributary has adjacent wetlands, the idwifice nexus evaluation must
consider the tributary to combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whetbw the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. N the JD covers a tributary with adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onelte
and offdte. The detonation whir a significant nexus exists is determined in Section DLC below.
1. Characteristics of non -TNWs that flow directly or hdhvctly into TNW
(1) General Area Conditions:
Watershed size: 1
Drainage area: 1400
Average annual rainfall: 43 inches
Average annual snowfall: 5.5 inches
01) PhYdcd Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through I tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters are river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW3: The unnamed tributary flows into McDowell Creek which flows into the Catawba River.
Tributary stream order, if known: Fust and Second.
4 Note that the Imtr uxional Guidebook contains additional information regarding swakz, ditches, washes, and erosional features generally and in the arid
West.
Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

N General Tributary Characteristics (check all that apply):
Trftmtary is: ® Natural
❑ Artificial (man - made). Explain:
® Manipulated (man - altered). Explain: It is in an urban area
Tributary properties with respect to top of bank (estimate):
Average width: 15 feet
Average depth: 8 feet
Average side slopes:
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
® Cobbles ® Gravel ® Muck
® Bedrock ® Vegetation. Type l% cover. 80
❑ Other. Explain:
Tributary conditiontstability [e.g.. highly eroding, sloughing banks]. Explain: Relatively stable.
Presence of runtriffielpool complexes. Explain: Moderate amount of riffle -pool complexes.
Tributary geometry:
Tributary gradient (approximate average slope): 2 %
(c) Flow:
Tributary provides for
Estimate average number of flow events in review area/year
Describe flow regime: >3 months of year.
Other information on duration and volume:
Surface flow is: Characteristics:
Subsurface flow: Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
® changes in the character of soil
® shelving
® vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
® sediment deposition
® water staining
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
® High Tide Line indicated by: ® Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings /characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(fill) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water color is relatively clear, where present. There are sediment deposits.
Identify specific pollutants, if known: No sheens observed
sA natural or man -made disooitinurity in the OHWM does not necessarily sever jurisdiction (e g., what the stream taopmarily flows undergroimd, or where
the OHWM has been removed by development or ag is ult nal practices). Where there is a break in the OHWM that is unrelated to the watabody's flow
regime (e g., flow over a rock outcrop or thmugh a culvert), the agencies will look for indicators of flow above and below the break.
lbid.

(iv) Biological Character. Chanel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): The undeveloped land located adjacent to the stream contains a
bottomland hardwood flood plain. A sanitary sewer line easement is located in the flood plain of McDowell Creek
❑ Wetland fringe. Characteristics: There is no wetland Tinge. The tributary is high banked.
® Habitat for.
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally- sensitive species. Explain findings:
® Aquatidwildlife diversity. Explain findings: Minnows, crayfish, salamanders, frogs and macro - invertebrates were
observed in McDowell Creek.
2. Characteristics of wetlands adjacent to non-TNW that Row directly or hWkectly into TNW
(1) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: 0 acres
Wetland type. Explain: .
Wetland quality. Explain:.
Project wetlands cross or serve as state boundaries. Explain:
(b) General blow Relationshi with Non -TNW:
Flow is: Explain: Saturated to surface.
Surface flow is:
Characteristics. No surface flow.
Subsurface flow: Explain findings:
❑ Dye (or other) test performed:
(c) Wetland AA—
Determination with Non -TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain: A ditch connects the wetland to the downgradient stream.
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity Mel ationshi ro T. iW
Project wetlands are river miles from TNW.
Project waters are f6 aerial (straight) miles from TNW.
Flow is from
Estimate approximate location of wetland as within the ® floodplain.
00 Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Charadaistic L Wetland supports (dm& an that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation typelpercent cover. Explain:
❑ Habitat for
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
Q Other environmentally - sensitive species. Explain findings:
❑ Aquatidwildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the ary (if
All wetland(s) being considered in the cumulative analysis
Approximately ( 0 ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? (YIN) Size (in acres)
filtration. Summarize overall biological, chemical and physical functions being performed: Grade control, biodiversity and limited
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the moons perforated
by any wetlands adjacent to the tributary to determine bf they significantly affect the chemical, physical, and biological Integrity
of a TNW. For each of the following situations, a significant nem exists bf the tributary, In combination wbth all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include but are not limited to the volume, duration, and
of water In the tributary and its proximity to a TNW, and the functions performed me of the flow
by the tributary a� all its adjacent
wetlands. It is not appropriate to determine significant Oxus based solely on any specific threshold of distance (e g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexuL
Draw connections between the features documented and the effects on the TNW, as identified in the Ropanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above Dist of considerations is not inclusive aid other bons observed or known to occur should be tented
below:
I. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexas finch ugs for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
3. Significant nexus Endings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD: 'Ire wetland is connected to the stream by a ditch.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
I. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Minnows, crayfish, salamanders, frogs, iron oxidizing bacteria, substrate sorting, riffle -pool complexes
and ordinary high water mark were observed.
® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: OHWM and sediment sorting, very defined beds and banks.

Provide estimates for jurisdictional waters in the review area (check all that apply):
®
Tributary waters: 3500 linear feet 15 width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters: Interiniftent and perennial stream.
3. Non -RPWss that flow directly or indirectly into TNWs.
© Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
®Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW tint flow directly or indhvcdy into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year -round. Provide data and rationale
indicating that tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section llLD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
S. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNW&
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non -RPWs that flow directly or adirectly into TNWs.
13 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoondm rib of jurisdictional waters!
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):ro
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
'See Footnote # 3.
'TO cemPIew the analysis refer to the key in Section IMDA of the Inswictional Guidebook.
'D Prior to asserting or CWA Jurisdiction based solely on tills category, Corps DTI win elevate the action to Corps and EPA HQ for
revlew oonshitmt with the process described In the CorpWWA Memorardimr Regarsg CWA Ad Jwimldion Following Rgxwos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
®Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
® Wedands: acres.
F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLV):
® If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
®Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other. (explain, if not covered above):
Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
uigment (check all that apply):
Non- wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakestponds: acres.
Other non - wetland waters: acres. List type of aquatic resource.
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (chedr all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicanttconsultant:
Data sheets prepared/submitted by or on behalf of the applicandconsultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Silrvey. Citation:NCSS Website.
National wetlands inventory map(s). Cite name:Lake Norman South.
StateJL.ocal wetland inventory map(s):
FEMA/FIRM maps:
100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date): Stream Location Map 2009.
or ❑ Other (Name & Date):
Previous determination(s). File no. and date of response letter.
Applicablelsupporting case law:
Applicabletsupporting scientific literature:
Other information (please specify):

B. ADDITIONAL COb MEM TO SUPPORT JD: McDowell Creek is perennial. The unnamed tributary to McDowell Creek is
intermittent. Permits are required from the USACE and DWQ for impacts to the streams. An ephemeral drainage feature is located on the
northern portion of the site. Permits are not required for impacts to the ephemeral feature.

LETTER OF
TRANSMITTAL
Project Habitat for Humanity - Matthews
Westmoreland Road Apartments
Mecklenburg Countv, North Carolina
To Ms. Amanda Jones
U.S. Army Corps of Engineers
Asheville Field Office
151 Patton Ave, Rm. 208
Asheville, NC 28801 -5006
COPY
ECS Carolinas, LLP
ECT9001 Glenwood Ave
Raleigh. NC 27617
Ph: 919 -961 -9910
CAROLINAS
ECS Project Number
06 -14519
Date
October 13, 2006
By
Budd Titlow
Re:
PCN
We are sending you X enclosed ❑ under separate cover via the following items:
❑ Print ❑ Original ❑ Reproducible ❑ Shop Drawing ❑ Computer File
❑ Specifications ❑ Correspondence ❑ Sample X Pre- Construction Notification
Copies
1
Date
No.
1
Description
Cover Letter and Project Information Summary
1
1
Authorized Agent Letter
1
1
Pre - Construction Notification Application
1
1
Proposed Site Plan Showing Impacts (Figure 1)
1
1
Notification of Jurisdictional Determination Letter
1
1
Vicinity Map (Figure 2)
1
1
U.S.G.S. Topographic Map with Site Location (Figure 3)
1
1
Mecklenburg County Soil Survey Map (Figure 4)
1
1
NWI Map (Figure 5)
1
1 1
Aerial Photograph (Figure 6)
n encrasures are not as nova, please noW senaerar once
The enclosed are being transmitted
❑ For your use ❑ As requested ❑ Returned for corrections ❑ For review and comment
❑ Approved as noted X For approval ❑
Comments
ECS Carolinas, LLP (ECS) is submitting this pre - construction notification application package for a Nationwide
Permit 39 on an approximate 38.6 -acre tract located along Westmoreland Road in Cornelius, Mecklenburg
County, North Carolina. Please contact Mr. Budd Titlow @ 919 - 861 -9850 if you have any questions regarding
this information. n _
RESPECTFULLY SUBMITTED,
ECS CAROLINAS, LLP
AA--J�
%jr-r u
MR VA TER
Copies to: File
9001 Glenwood Ave. • Raleigh, NC 27617 • Ph: 919- 861 -9910 a Fax: 919 - 861 -9911

WLLP ECS CAROLINAS, LLP
CLa►ssCU= Geotechnical•Construction Materials Environmental
Ms. Amanda Jones
U.S. Army Corps of Engineers
Asheville Field Office
151 Patton Ave., Room 208
Asheville, North Carolina 28801 -5006
RE: PCN Application for Section 404/401 NWP -39
Habitat for Humanity - Matthews, Westmoreland Road Apartments
Cornelius, North Carolina
ECS Project #14519
Dear Ms. Jones:
October 13, 2006
On behalf of Goldberg Companies, Inc., ( "the Applicant'), ECS Carolinas, LLP ( "ECS ") is filing a Pre -
Construction Notification (PCN) Application requesting permission for a Section 404 /401 Nationwide
Permit 39 (NWP -39) for 146 linear feet of jurisdictional stream impacts resulting from construction of a
culvert. Should you have any questions or concerns please feel free to contact us at (919) 861 -9910.
Respectfully submitted,
ECS Carolinas, LLP
Budd Titlow, Natural Resources Group Leader
Professional Wetland Scientist (SWS #754)
,4, X�,
" " L4
Lauren Tucker
Environmental Scientist
Enclosures: PCN Application for NWP -39 and associated Figures 1-6 (1 copy)
Authorized Agent Letter (1 copy)
Notification of Jurisdictional Determination (1 copy)
Copies: Ms. Cyndi Karoly, North Carolina Division of Water Quality, 401/Wetland Unit, 1650
Mail Service Center, Raleigh, NC 27699 -1650 (1 copy)
Mr. Peter Nintcheff, Goldberg Companies, Signature Square H, Suite 300, 25101 Chagrin
Boulevard, Beachwood, OH 44122 (1 copy)
9001 Glenwood Avenue, Raleigh, North Carolina 27617 -7505 • (919) 861 -9910 • FAX [phone] • 1 -800- 327 -5832 • www.ecslimited.com
Aberdeen, MD • Atlanta. GA • Austin, TX • Baltimore. MD • Buford, GA • Chantilly. VA • Charlotte. NC • Chicago, IL - Dallas. TX
Danville. VA • Frederick MD • Fredericksburg, VA • Greensboro, NC • Greenville. SC • Norfolk, VA • Orlando. FL • Raleigh, NC
Richmond, VA • Roanoke, VA • San Antonio, TX • Williamsburg, VA • Wilmington. NC • Winchester, VA • York. PA
*Testing Services Only

Consultant: Mr. Budd Titlow
ECS Carolinas, LLP
9001 Glenwood Ave.
Raleigh, NC 27617
(Ph.) 919- 861 -9850
(Fax) 919 -861 -9911
[e-mail]
Applicant: Mr. Peter C. Nintcheff
Goldberg Companies, Inc.
Signature Square II, Suite 300
25101 Chagrin Boulevard
Beachwood, OH 44122
(Ph.) 216- 831 -6100
Project Information
Site Address: Westmoreland Road
Waterway: McDowell Creek
River Basin: Catawba
City: Cornelius
County: Mecklenburg
Lat/Long 350 27' 53.57 N, 800 52' 46.07 W
USGS Quad: Lake Norman South, N.C.

date
Mr. Stephen C. Brown
ECS Carolinas, LLP
8702 Red Oak Boulevard, Suite A
Charlotte, North Carolina 28217
RE: Cornelius Property on Westmoreland Road
Westmoreland Road at Interstate 77
Cornelius, Mecklenburg County, South Carolina
Dear Mr. Brown,
As part of site development activities, we the undersigned hereby grant permission for ECS
Carolinas, LLP (ECS) to act as our agent for the purpose of conducting wetlandsrurisdictional
waters assessment of the referenced property. We further grant permission for ECS to access the
property and to schedule site visits by Federal and State regulatory personnel, as necessary, for
assessment and/or permitting purposes.
AppIkant
Name: peOtc 9'4 Fc4 eF�
Firm: &11144t, 6- •ge,.:w 1 -11 �rrcc.., t..�.l�,,..�„�- C�, LAC
Address: 2Sin/ CA, &5,-.-, d/-J
5.,.4 3coo
lac.c.,�w ooh, rA•- y N/ t L
Signature: �� _ Date: ? 06

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Af LEGEND
-r - Approximate Site Boundary
i'
x
�a SOURCE: FIGURE 1
9
USGS TOPOGRAPHIC MAP SITE LOCATION MAP
LAKE NORMAN SOUTH LEGACY CORNELIUS
& CORNELIUS, NC QUADRANGLES ° WESTMORELAND ROAD
DATED 1993 CORNELIUS, NORTH CAROLINA
SCALE: 1 "= 2,000° CAROLINAS ECS PROJECT NO. 09 -20235

FA-=A6A-v'40 �il�
lk�
La %
•1 20 1
-'L Z-
fit

THE STREAM/WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED
BY ECS. THEY WERE PREVIOUSLY VERIFIED BY THE U.S ARMY CORPS OF ENGINEERS (JD ISSUED JANUARY 7,
2006). THIS DRAWING IS BASED ON OUR FIELD NOTES AND IS NOT INTENDED FOR USE AS A SURVEY.
LEGEND
---• Approximate Location of Site Boundary
ti Approximate Location of Perennial Stream
••, • Approximate Location of Intermittent Stream
DP -1® Approximate Location of Data Point
N
r
SOURCE:
a
9 2009 AERIAL PHOTOGRAPH
FROM THEMECKLENBURG COUNTY GIS
WEBSITE AND FIELD NOTES PREPARED
BY ECS PERSONNEL
t,
FIGURE 3
STREAM LOCATION MAP
LEGACY CORNELIUS
WESTMORELAND ROAD
CORNELIUS, NORTH CAROLINA
NOT TO SCALE I CAROLINAS' ECS PROJECT NO. 09 -20235
1

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0.012
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0 294
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0.003
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0 037
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97
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11078.22
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8754.81
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42
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2902.7
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0.085
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4794.08
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4794.08
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0.097
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0073
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3100
0 073
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- --
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0.046
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0.022
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0.058
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0.046
4000
0.692
43657
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1313.64
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97
0.002
5764 e1
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1107822
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99.7
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IT= Nea =369002 W= -
I an mwervmm ° i zf.woI
CONSTRUCTM
o�
ROOM��
ALL mans FESERYm
IMPERVIOUS
COVERAGE
ALEXANDER RIDGES
GOLDBERG COMPANIES,
INC.
FIGURE 1

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.I
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A ".)
I. Processing
1. Check all of the approval(s) requested for this project:
N Section 404 Permit ❑ Riparian or Watershed Buffer Rules
❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ
N 401 Water Quality Certification ❑ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: N
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. U 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
Owner /Applicant Information
Name: Peter Nintcheff
Mailing Address: Goldberg Companies, Inc
Signature Square IL Suite 300
25101 Chagrin Boulevard
Beachwood OH 44122
Telephone Number: (216) 831 -6100 Fax Number:
E -mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner /applicant.)
Name: Budd Titlow
Company Affiliation: ECS Carolinas. LLP
Mailing Address: Glenwood, Ave
Raleigh. NC 27617
Telephone Number. 919- 864 -9850 Fax Number. 919 -861 -9911
E -mail Address: BTltlow @ecsHmited.t:om
Updated I JIM 005
Page 5 of 13

M. 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: Habitat for Humanity — Matthews Westmoreland Rd. Apartments
2. T.T.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 005411 -03
4. Location
County: Mecklenburg Nearest Town: Cornelius
Subdivision name (include phaseAot number):
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
I -77 and Westmoreland Road Proceed west on Westmoreland Road. The site is on the
right immediately after crossing I -77.
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 waWA*dy.)
Decimal Degrees (6 digits minimum): 35° 27' 53.571' N 800 52146.0711 W
6. Property size (acres): 38.6
7. Name of nearest receiving body of water. McDowell Creek
8. River Basin: Catawba
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt a:// h2o .enr.state.nc.usladmin/mays/.)
9. 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 is currently wooded acreage. The surrounding
Properties are a mixture of residential developments farm land and wooded acreage.
Updated t I/I/=
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used:
See the attached plan showing the proposed stream crossing. Twical heavy equipment
Will be used in the land clearing and grading Phase and also during the
construction/development of the roads and other anciLiary features.
11. Explain the purpose of the proposed work: The purpose of the proposed construction is
to provide road access to a portion of the site that is otherwise inaccessible from the
main entrance alone Westmoreland.
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 USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Jurisdictional areas were verified by the USACE in January 2006
(USACOE Action ID 2006 -30088 dated January 17.2006)
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.
No future impacts are planned or anticipated.
VL 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
riprap 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.
1. Provide a written description of the proposed impacts:_ One impact to pipe approxbmately
146 linear feet of stream channel to construct a road crossing with rip rap
Updated I1 IMM
Page 7 of 13

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
indicate on
C gyp)
Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100 -year
Floodplain
estno
Distance to
Nearest
Stream
linear feet)
Area of
Impact
(acres)
Area of
Impact
acres
S-1
Ut to McDowell Crock
60" RCP Culvert
I
15.6
122
0.0437
S-2
Ut to McDowell Creek
Rip Rap (Class I)
I
15.6
24
O.OM
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. 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 -tap, 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
must be included. To calculate acreage. multi ly length width, then divide by 43,560.
Stream Impact
Number
indicate on
Stream Name
Type of Impact
Perennial or
Intermittent?
Average
Stream Width
Before Impact
Impact
Length
(linear feet)
Area of
Impact
acres
S-1
Ut to McDowell Crock
60" RCP Culvert
I
15.6
122
0.0437
S-2
Ut to McDowell Creek
Rip Rap (Class I)
I
15.6
24
O.OM
Total Stream Impact (by length and acreage)
146
0.0523
5. 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, excavation, dredging, flooding, drainage. bulkheads. etc.
Open Water Impact
Site Number
indicate on )
Name of Waterbody
(if applicable)
Type of impact
Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.
Area of
Impact
(acres)
Total Open Water impact (acres)
Updated t uiaoos
Page 8 of 13

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
0.052
Wetland Im act (acres):
Open water Impact (acres).
Total Impact to Waters of the U.S. (acres)
0.052
Total Stream Impact (linear feet):
146
7. 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.
8. Pond Creation – Not Applicable
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 ap lication.
Pond to be created in (check all that apply): [] uplands [stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VIL Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. it may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower- impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The site layout was designed
in a manner to reduce impacts to streams. Due to constraints of the Property boundaries. a
culverted stream crossing is necessary to provide road access to a portion of the site that is
otherwise inaccessible. Minimization efforts included numerous meetings with land
Planners. civil engineers and representatives of the Mecklenburg County
Department to eliminate a second stream crossin -that was originally planned. BMPs are
to be maintained in order to reduce impacts to Jurisdictional areas during the construction
phase of the Project.
Updated 11/1/2005
Page 9 of 13

VIII. Mitigadon
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
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/strmgide.htmi.
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
Not Anolicable
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
(919) 715 -0476 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.ear.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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Updated 1111/2001
Page 10 of 13

Amount of Non - riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
lx. 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)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733 -5083 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 ❑
X. 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
(Neese), 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---------)? 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 multiuliers.
I Zone* I r Impact I Multiplier � Required
3 (2 for Catawba)
1.5
Total I I I I
" Zone I extends out 30 feet perpendicular from the top of the new bank of channel: Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enha ncement, or Payment into the
updated 1 i /l/M
Page I 1 of 13

Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or .0244, or .0260.
XL 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. Not Applicable
XIL 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.
Sanitary sewer lines from the proposed houses will conned to the Mecldenburs County
municipal sanitary sewer system.
XIM 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
NIV. 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:
XV. Other Circumstances (Optional):
It is the applicant's responsibili ty 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).
upeatd 1 111r2M.
Page 12 of 13

AA,-*�
October 13, 2006
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/12001
Page 13 of 13

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200630088 County: Mecklenburg U.S.G.S. Quad: Lake Norman South
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: Goldberg Companies, Inc. / Attn: Peter Nintcheff
Address: Signature Souare D, Suite 300, 25101 Chagrin Blvd.
Beachwood, OH 44122
Telephone No.: 216- 831 -6100
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Westmoreland Road, on the east side of 1 -77, in Cornelius, Mecklenburg County. North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be stream channels on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction.
To be considered final, a jurisdictional determination must be verified by the Corps.
X There are stream channels on the above described property subject to the permit requirements of Section 404 of
the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the stream channels on your property delineated. Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final,
any delineation must be verified by the Corps.
X The stream channels on your property have been delineated and the delineation has been verified by the
Carps. We strong'y suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas
subject to CWA jurisdiction on your property which, provided there is no change in the law or our published
regulations, may be relied upon for a period not to exceed five years.
The stream channels have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on _. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at (252) 946 -6481 to determine their requirements.
Remarks:
Corps Regulatory Official:
Date January 17, 2006
Date January 17, 2011
Page 1 of 2

Action Id. 200630088
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271 -7980 a. 231.
Basis For Determination: The site contains stream channels with indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to McDowell Creek, which flows into the Catawba River
and ultimately flows to the Atlantic Ocean through the Santee - Cooper River in South Carolina.
Corps Regulatory Official (Initial): _90
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal'
form must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: ECS, Ltd. Attn: Stephen Brown, 8702 Red Oak Blvd., Suite A, Charlotte, NC 28217

U.S. ARMY CORPS OF ENGPMRS
WUd MOMN DISTRICT
Action ID. ' 20000088,30 County: USGS Quad: La-M Norman South
GENERAL PERMIT (REGIONAL AND NAT)ONWIDE) VERIFICATION
Applicable Law: Section 4% (Clean Wafer Act; 33 USC 1344)
®
m Section 10 (Rivms and Heebws Act, 33 USC 403)
A ion: Regiond Geond Peewit Ntmrber.
Nationwift PmWt Number: 399
Your work is authoeimed by the above tefeanced ptamit provided it is acted in strict a000rd$ ace with the
atmdwd Nationwide conditions and your soknitted plans. AV violation of to o atmchod coaftons or deviation
fiom your submdtmdsdnaitm i plans may mWect die pmmitme to a stop work ordt a mbmdm order and/or approprisle
lqdacdm
This verification is valid until the NWP is modified, reissued, or rsvotoed. All of the exis ft NWPs are
sched*d to be amdifled, reissued, or revoked prior to March 18, 2007. It is h=nbmd upon you to remain
faformed of changes 0 die NWft We will ism a public notice wbea the NWh are reasoned. Ftathe nm% if you
commmm or are under erg to counnance this activity beti ve the date tint the relevant wide permit is
nx dafied or ravel 4 you will have twelve (12) n mdm fi mr the data of the modiSation or revocation of dm NWP
to oaraplete the activity carer the present tmms aad cuadit m of thin unl*Bwide pa m L Vpior to ter cVhvdm
date identified below, the nadm ide permit mgWmtm is missaed and/or modified, Ibis verification will rerasin
valid =dl die emotion date idemified below, provi&d it comrplies wl& all now and/or modified tram and
conditions. The Mid Bngmeer any, at any time, eiaxcase his discredomary ad=* to modify, suspend, or
rowlm a case apocif c activity's aim under and N6YP.
Activities subject to Section 404 (as indicated above) my also require an uK%vAW Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to ddemdw
Section 401 mpkemmft
Farr activities oociuting within dw twenty cossW c miles subject to regulation under the Coastal Area
1Nae>ageareat Act (CAMA), prior to work you me contact the N.C. Division of Comet hisnegemmt
This Deparanent of the Amy verification does >mt rellove the permittae of die responsibW to obtain any other
mpired Fedoral. State or local approvals /permits.
U them are any questim regarding Otis verification, any of the of the Perm or tiro Carps of
Eqpmm regulatory program, please cannot Amanda Jones at 823-r l 7980 x231.
Corp Rgpbt oey Official Jom Date: November 27. Zfl06
Bxphatkm Date of verification: Mareb IL 2007
CF: FM Carolina, LLP, Attu: Budd MOW, 9001 Glenwood Avenue, Raleigh, NC 27617

Permit Number:
2006-30098-360
Permit Type:
NW39
Name of County.
Mecklenburg
Name of Pemittee
Goldberg Properties / Attn: Peter Nuitcheff
Date of WIND=
November 27, 2006
Project Manager: Amanda Jones
Upon completion of tier activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the allowing address:
U.S. Army Corps of Bngineers
Attention: CESAW RO-A
IS Patton Avenue, Room 208
Asheh&6 North Carolina 28801 -5006
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 refer permit has been oompleted in
accordance with the terms and condition; of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Sigma a of Pamittee

Magnolia Estates Dr • r �� ' +y G }
CD
✓+ .n"� d F
I T
f
Approximate Area of Im act
-���54 �� R � � Psi �iv.���• ,d.�, •! � �j,, ,I 1' FT - 4r �•
}
4r
_� land Road."
Westmore
-Nt
Oa .. A-
oi
Mecklenburg Coun
Scale: NTS i'— �`�. :'� ILi.��
Habitat for Humanity - Matthews
USGS Topographic Map Westmoreland Rd. Apartments
with Site Location Cornelius, North Carolina
35° 27' 53.57' N 800 52'46.07" W
Figure No. 3
LLt"
N
Feet
- Approximate Study Area
- Approximate Area of Impact 0 250 500 1,000
ECS Project #
14519
6QQ ®�paq�

VaLJ
Approximate Area of Impact
HeB
HeB
CeB2
x
a�
U
0
Mecklenburg Count HeB
Scale: NITS CeD2
n
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He CeB2
` f
EnD
EnD
MO CeB2
Westmoreland Road
m
m
I VaB
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B2
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CeB2 I
Habitat for Humanity - Matthews
Mecklenburg County Soil Survey Westmoreland Rd. Apartments
Cornelius, North Carolina
350 27' 53.57' N 800 52'46.07" W
Figure No. 4
Approximate Study Area Feet N
Approximate Area of Impact
Hydric Soils 0 250 500 1,000
ECS Project #
14519
�G°aG3o�oG���

C
Magnolia Estates Dr
r 2 Un
C
�'- N
C
.�L
Approximate Area of Impact
F
Westmoreland Road
ut
ore\and Road
e Q m
U N''
N (D
3 �
o
O
Mecklenburg Count
Scale: NTS
Habitat for Humanity - Matthews
National Wetland Inventory Map Westmoreland Rd. Apartments Figure No. 5
9i Cornelius, North Carolina
350 27' 53.57' N 800 52'46.07" W
LP
� Approximate Study Area Feet N
Approximate Area of Impact
h�'� NWI Wetlands 0 250 500 1,000
ECS Project #
14519
�G°aG3COl�0lVl��3