20071361 Ver 1_401 Application_20070807

E A G L E
ENGIN E ~G
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2013 Van Buren Avenue
n~N~ - war~R auAUrr Indian Trail, NC 28079
WETIANI?.° F~;~!D ST~'~'+~~ATER 3RANGH
[phone]
www.eagleonline.net
Letter of Transmittal
Attention: Ms. Cyndi Karoly
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699
We are transmitting the following items:
~ Prints ~ Plans
Copy of Letter "" Shop Drawings

PAYMENT
RECEIVED
07-1361
Date: 27-Jul-07
EEI Job Number: 3537-E-NC
Re: 401 Water Quality Certification
6901 Providence Lane West
Tax Parcel ID 21103228
Charlotte, Mecklenburg County, North Carolina
~"` Specifications ~ Application ~` Report
~"'" Calculations ~""` Check ~" Other
Co ies Date No. Descri tion
7 7-Au -07 401 Water Quality Certification
1 5-Aug-07 Check No. 1138 $200 Preconstruction Notice Fee

These are transmitted as checked below:
1"` For Approval
For Your Use
~`~` As Requested
For Review
~ Corrected Prints
(`~" Copies for Distribution
~ Approved as Submitted
~ Approved as Noted
~"" Copies for Approval
Remarks: If you have any questions, please do not hesitate to call our office at 704-882-4222.
Cc: File
Signed: Taran Beshers

EN~IN~ERLNG
August 7, 2007
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Attention: Ms. Cyndi Karoly
Re: 401 Water Quality Certification
6901 Providence Lane West
Tax Parcel Identification Number: 21103228
Charlotte, Mecklenburg County, North Carolina
Eagle Engineering, Inc. Project No. 3537-E-NC
Dear Ms. Karoly:
Eagle Engineering, Inc. (EEI) issued a jurisdictional wetland determination on a single parcel of
residentially-developed land located at 6901 Providence Lane West in Charlotte, Mecklenburg County,
North Carolina ("subject property" or "site"). A Nationwide Permit 29, dated July 30, 2007, has been
issued for the site by the USACE.
It should be noted that this correspondence is strictly for notification purposes. As required for the Pre-
Construction Notice (PCN) included herein is a check in the amount of $200 (check number 1138) and
seven copies of the following documents: ~, r _ ~ ~4~~'~ ~; ~~
• Copies of the USACE Permit Verification; 1
• Preliminary Sketch Plan for proposed site development; AU ~ f i ~Utl ~
• The newly issued "JD form"; oE~R ~ w~+F iar~ ~~~~~~~~-~ ~,~
• Agent Authorization; and yyt_TtANR9P~~D4T{3'?~.WAtrC~~'~'4`~'"
• Site Boundary/Wetland Survey map.
It should be noted that the subject property is scheduled for proposed development of a minor residential
subdivision comprised of twenty (20) single-family lots in mid 2008.
Thank you in advance for your assistance with our project. If you have any questions or require
additional information, please do not hesitate to call.
Sincerely,
EAGLE ENGINEERING, INC.
--.
,,:.
..
ara s ~-_.__._ ..
nvironmental Scientist
1~`~
~~
Angelique Y.W. Crews
Environmental Specialist
r j
p7-1361
Enclosed
ce: File
Mr. Robert Bugg, Bugg & Bugg Properties, LLC
Atlanta
www.cagleonline.net
1-866.I:AGL1iNC
Charlotte
1601 Cambridge Square, Suite B 2013 Van Buren Avenue
Alpharetta, GA 30004 Indian Trail, NC 28079
Ph 678 339 0640 Ph 704 882 4222
Fax [phone] Fax [phone]

I/pYMENT
RECEIVED
Office Use Only' Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not appucanie to tms pru~ecL, picax G~~LGI 1VVL AN}~u~uVl., .,. ~.~.. .,
I. Processing
0 7- 1 3 6 1
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Mana~g(e~ment Area of
Environmental Concern (see the top of page 2 for further d i~'~,~~ ~ `"J [~ ~~
II. Applicant Information q~;(; ~ 2007
1. Owner/Applicant Information oEr~~ - WATER 4llA;.iTY
Name: Bing & Bing Properties LLC ~~~~~'~~'~ STORal~^.'ATFR 9RANCH
Mailing Address: 1704 Rosebank Lane
Charlotte North Carolina 28226
Telephone Number: 704-719-2100 Fax Number: 704-236-0895
E-mail Address: rbu ueenci real rou .com
2. Agent/Consultant~Info ~ at"ion (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Angelique Y W Crews
Company Affiliation: Eagle Engineering Incorporated
Mailing Address: 2013 Van Buren Avenue
Indian Trail NC 28079
Telephone Number: 704-882-4222 Fax Number: 704-882-4232
E-mail Address: acrews(a~ea leonline net
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Providence Road West
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN)
21103228
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Highway 485 to
Providence Road exit toward Charlotte (north). Proceed north on Providence Road to
Rea Road (left/west) and then (right/north) onto Providence Lane West to address 6901
Providence Lane West (right).
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.118658 °N 80.787094 °W
6. Property size (acres): 2.23 Acres
7. Name of nearest receiving body of water: An unnamed tributary of McAlpine 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 http://h2o.enr.state.nc.us/admin/maps/.)
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 subiect property consists of 2.23-acres of
residentially-developed land. To the north are residential properties with Olde
Providence Road located beyond; to the south is Providence Lane West with residential
Page 6 of 12

located beyond; to the west are residential properties and Lynrose Court; and, to the
east are residential properties.
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of clearing and grading activities with various types of earthmoving
machinery (heave equipment) for the construction of a minor subdivision comprised of
approximately twenty (20) single-family lots.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to
construct a minor subdivision comprised of approximately twenty (20) single-family
lots.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. None known.
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.
None known.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
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: The project consists of clearing
and grading activities with various types of earthmoving machinery (heavy
equipment) for the construction of a minor subdivision comprised of approximately
twenty (20) single-family lots.
Page 7 of 12

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 map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: 0_0
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-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial o~
Intermittent. Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Channel A Unnamed Fill Unimportant
Intermittent f4.5 149 0.0153

Total Stream Impact (by length and acreage) 149 0.0153
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
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
Total Open Water Impact (acres) 0
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0153
Wetland Impact (acres): 0
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): 149
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
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. It should be noted that the
total onsite channel length is 200 linear feet. Because minimization efforts have be taken
into consideration, the proposed length of onsite channel impact is 1491inear feet.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USAGE - 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.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
It should be noted that impacts are below USAGE and State regulations; therefore, it is
anticipated that no mitigation will be required.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
Page 10 of 12

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 [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
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
(Meuse), 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 multipliers.
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendiculaz from the top of the neaz bank of channel; Zone 2 extends an
additiona120 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 /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. 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
Page 11 of 12

demonstrating total proposed impervious level. The level of detail with respect to site
development activities has not been addressed as of the issuance of said PCN.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The level of detail with respect to site development activities has not been addressed as of
the issuance of said PCN.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed project consists of a minor subdivision comprised of approximately twenty (20)
single-family lots.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
No known time constraints and/or imposed limits on work schedules are known at this
time. Proposed site re-development is scheduled for commencement late 2007/early 2008.

~icant/Agent's Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

~~-,
U.S. ARMY CORPS OF ENGINEERS -~'''1 1~
WILMINGTON DISTRICT "~~ ;~ ., ,.~
°' ~~9
Action ID. SAW-2007-1975-360 County: Mecklenburg USGS Quad: Weddington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Bugg & Bugg Properties, LLC
Address: 1704 Rosebank Lane
Charlotte, North Carolina 28226
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Providence Road West
development located on a 2.23 acre tract at 6901 Providence Lane West; in Charlotte
Description of projects area and activity: Construct a minor subdivision comprised of 20 single family
lots. The proiect will require impacts to <150 LF of a UT-McAlpine Creek.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended, or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e. are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within 12 months of the date of the nationwide's expiration, modification, or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Arnxy verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Mr. Steve Chapin at [phone] x224.
Corps Regulatory Official Steve Chapin Date: July 30, 2007
Expiration Date of Verification: July 30, 2009
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete the attached Satisfaction Survey or visit
http://www.saw.usace.arm_y.mil/WETLANDS/index.html to complete the survey online.
Copy Furnished:
Eagle Engineering (Angelique Crews), 2013 Van Buren Avenue, Indian Trail, NC 28079

Mr_ RoberE Bugg
Iwfay 8, 2007
Page 3
C: Su of an Asbestos Survey Letter Report
EEI will prepare aPre-Demo t ' tos Survey Letter Report. The report will provide
the results of the s alysis and s of extent and condition of the sampled
materials. 'i' ort will be submitted within one we 11~ g receipt of the sample
TASK 2: WETLANDS DETERMINATION AND INTERNIITTENT! PERENNIAL
STREAM IDENTIFICATION
Eagle Engineering, Inc. will provide the Wetlands Determination and Intermittent/Perennial
Stream Identification on the subject property. Eagle Engineering proposes to evaluate the site for
the presence of streams, surface water bodies, and/or criteria associated with wetlands, which will
be conducted in general accordance with Corps of Engineers Wetlaruls Delineation Manual dated
January 1987. Areas of the site defined as wetlands and/or jurisdictional waters of the U5 will be
field delineated and flagged for future surveying.
Furthermore, upon completion of the determination activities, Eagle Engineering, Inc. will
coordinate surveying activities of the flagged areas under separate contract. Upon completion of
the wetland assessment activities, a site map will be generated along with wetlands determination
forms and intermittent stream channel evaluation forms. If requested, EEI will submit the
applicable information to the US Army Corps of Engineers for jurisdictional delineation and/or
pre-construction notification. Following delineation of jurisdictional authority by the US Army
Corp of Engineers, if warranted, Eagle Engineering, Inc. will assist with the preparation and
submission of the appropriate Pre-Construction Notifications, Nationwide and/or Individual Pernat
Applications as necessary. Onsite meetings with applicable regulatory agencies will be conducted
on a time and materials basis.
SCHEDULE AND FEES
Upon your written authorization Eagle Engineering, Inc. (EEn will coordinate with the client rA
develop a project schedule for the services defined herein. We would anticipate completion of
these tasks within 30 days of authorization to proceed.
Labor Fees for providing the scope of services defined above are as follows:
Tasks Service Descriptions Estimate Fees

Task 2 Wetland Determination and intermittenU
perennial Stream identification
-000-
in an ~(pini

Mr. Robert Bugg
May 8, 2007
Page 4
TERMS AND CONDITIONS
Eagle Engineering, Ine_ will perform the scope of work presented herein in accordance with the
attached General Coaditions. Your acceptance of the terms and conditions referenced herein and
authorization for Eagle Engineering, Inc. to proceed with the scope of work may be indicated by
your signature below.
We trust this proposal meets your current project needs. If you have any questions or require
additional information, please feel free to call at your convenience.
Sincerely,
EAGLE ENGINEERING, INC.
Angelique Y.W. Crews
Environmental Specialist
Authorization to Proceed
The scope of work referenced in the attached Proposal No. 070513, dated May S, 200'7 is
acceptable, and Eagle Engineering, Inc. is authorized to proceed.
By: ~'~~~ ~ - J-D ~
Signature Date
Printed ~4-
Re: Proposal for Enviommental Services
Residential Structure(s)
~~01 Providence Road West
Charlotte, Mecklenburg County, North Carolina
n•ri i nn~-c ~ ~-+.n
66ns~ d~q:tn in an ~(e~N

EN G NGERLNG
i
June 11, 2007
US Army Corps of Engineers-Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Attention: Mr. Steve Chapin
Re: Letter Report -Channel Assessment
6901 Providence Lane West
(Tax Parcel Identification Number: 21103228)
Charlotte, Mecklenburg County, North Carolina
Eagle En ine~ering, Inc. Project No. 3537-E-NC
Dear Mr. Chapin:
Eagle Engineering, Inc. (EEI) has conducted a jurisdictional wetland determination on one parcel of residentially-
developed land located at 6901 Providence Lane West in Charlotte, Mecklenburg County, North Carolina ("subject
property" or "site"). The subject property is situated to the north of Providence Lane West and to the south of
residential development and Olde Providence Road. According to the Mecklenburg County Geographic Information
System (GIS), the subject property is identified as tax parcel number 21103228 and consists of 2.23 acres of
residentially-developed land. The subject property is tentatively scheduled for proposed re-development as a minor
subdivision comprised of twenty (20) single-family lots.
EEI conducted a Jurisdictional Determination for the subject property on May 10, 2007. The subject property contains
an onsite channel, which consists of ephemeral channel which changes into an unimportant intermittent channel that is
braided in areas. The onsite channel discharges into a culvert that is located underneath Providence Lane West. It
should be noted that the onsite channel is located near the western/northwestern border of the subject property. Review
of the attached topographic, wetland, and soil survey maps depicts the subject property without the onsite channel.
It is EEI's opinion that the onsite channel is an unimportant intermittent channel. Enclosed are the following
documents/forms applicable to the subject site (1) applicable site figures; (2) stream channel assessment forms; and, (3)
a site Survey map and proposed site plan.
Thank you in advance for your assistance with our project. If you have any questions or require additional information,
please do not hesitate to call.
Sincerely,
EAGLE ENGINEERING, INC.
Taran B. Beshers
Environmental Scientist
Angelique Y.W. Crews
Environmental Specialist
Attachments: Figure 1 - Site Location Map
Figure 2 - Soil Survey Map
Figure 3 - Wetland Map
Figure 4 - Topographic Map
Appendix A - Stream/Channel Assessment Form(s)
Appendix B - Site Photographs
Appendix C - Proposed Site Plan/Preliminary Jurisdictional Determination Survey
Atlanta www.rigleonlinr.nct Charlotte
I-R6G.EAGLENC.
1601 Cambridge Square, Suite B 310 Indian Trail-Fairview Road
Alpharetta, GA 30004 Indian Trail, NC 28079
Ph 678 339 0640 Ph 704 882 4222
Fax [phone] Fax [phone]

0 7- 1 3 6 1
Figure 1 - Date: 2005
Site Location Map Site Map: Mecklenburg County GIS with aerial photograph
E ;, E
"J I N
~~
2013 Van Buren Avenue
Indian Trail, NC 28079
Ph 704.882.4222
www.eagleonline.net
Site Name: 6901 Providence Lane West
Charlotte, Mecklenburg Co., North Carolina
Project Number: 3537-E-NC

~, ~
' ~ '~' ~' Approximate Site Location
`~ and ': D
`~ Property Boundary
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f ~ ~ ~ ~~ _
_-.1. -
i~ _
- '' P~~~
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Figure 2 - Date: 1980
Site Map: USDA Soil Survey Map, "Mecklenburg County, North
Soil SurVe Map Carolina"
fi ~; ~ H.
,; Pd [! Fl N.1
~~ Site Name: 6901 Providence Lane West
i__~ Charlotte, Mecklenburg Co., North Carolina
2013 Van Buren Avenue s.;~ , i
Indian Trail, NC 28079 ~~ ` ' '":'_. ~,~..' s ~-;
Ph 704.882.4222 ~.~~-=' °"° ~-~ ~-~ +~~~ Project Number: 3537-E-NC
www.eagleonline.net ~~~, ""
r ~ ~' ! 2001
;FiJ~ _ y4i+7~K i~iiHLIIY
WETLAhIp~ r~'uD 6TOR'~`1ATER BRANGH

` ~r _ R. ,
~ ~ ~, ` -''~;- Approximate Site Location
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' ~' ' - -~~ ~ Property Boundary
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Figure 3 - Date: 1991
Site Map: National Wetland Inventory (NWI) Map, "Weddington,
NWI Wetland Map North Carolina"
~. r- t
,, ~ h~~;;
~~ Site Name: 6901 Providence Lane West
'-'~ ~-~~ •• ~~ I ; ~ ~ ~ r + Charlotte, Mecklenburg Co., North Carolina
2013 Van Buren Avenue ~ r ~_i
Indian Trail, NC 28079 ~A1 P~ect Number: 3537-E-NC
Ph 704.882.4222 ~ ~ O
www.eagleonline.net nn ~~~
,4~ ~`; ~.
:~FiJK - U4aTER QUALITY
V~tTLaNDS A~yD STOR4~C^lATER BRANCH

Figure 4 - Date: 1968, revised 1988
Site Map: USGS 7.5-Minute Topographic Map, "Weddington,
USGS Topographic Map North Carolina".
L Y. ` L.
~~
2013 Van Buren Avenue
Indian Trail, NC 28079
Ph 704.882.4222
www.eagleonline.net
;.~
Site Name: 6901 Providence Lane West
Charlotte, Mecklenburg Co., North Carolina
1'roiect Number: 3537-E-NC
'~~ wig 4M
w~r~,r~os avo s ~~~. a'~R 6

APPENDIX A
Stream/Channel Assessment Form(s)

North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
Date: M ~ p ! 2 pp~ Project: ~3~, E _ N~ Latitude: 35 . I ~ `al¢5`~
Evaluator: ~ V ~ G site: I~qD~ ~YUVICIffY~ Ln ,V~l Longitude: ~(7, ~~ 7~~
Total Points: Other `
Stream is at least intermittent ~ .^ County: A ~DC ~ l-,, , ly ~ n~~`In ..1.~~
if ? 19 or erennial if ? 30 lJ ! -1C. ~ f,M1~ e. g. Quad Name: ~~ICS~ J
c _nn n,n,v ~ ~
'~4ided® .~
1S
~ p+. 40¢~ ~ -'~
A. Geomor holo (Subtotal= ~oZ.J ) Absent Weak Moderate Str
1a. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 2 ~ 3
3. In-channel structure: rifFle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 0 1 2 3
9 a Natural levees 1 2 3
10. Headcuts 1 2 3
11. Grade controls 0 0.5 1 ~ 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes = 3
° Man-made ditches are not rated; see discussions in manual
R Hvrlrnlnnv (Suhtntal = r~!• ~ 1
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- d or rowin season 0 1 2 3
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5
(' Rinlnnv (Suhtntal = ~ •~ 1
20b. Fibrous roots in channel 3 2 1 0
21b. Rooted plants in channel 3 2 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0.5 1 1.5
25 Amnhihiarc
~,,..._ Q Q.rj 1 1.5
26. Macrobenthos (note diversity and abundance) 0.5 1 1.5
27. Filamentous algae; periphyton 0 1 2 3
28. Iron oxidizing bacteria/fungus. 0 0.5 1
29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; ther = 0
"Items 20 and 21 focus on the presence of upland plants, Item zy tocuses on the presence of aquatic or wetiana plants.
Sketch:
Notes: (use back side of this form for additional notes.)
~' X
~~ ~
~~ ~~ !'~~
~~

USACE AID# DWQ # Site # (indicate on attached map)
STREAM QUALITY ASSESSMENT WORKSHEET
Provide the following information for the stream reach under assessment:
1. Applicant's name: ~~ ~ ~~ ~i'17Per~jC~S 2. Evaluator's name:T~(3 1 ~~G
3. Date of evaluation: M„ , . • ~~ j 1 ZOU }'j
5. Name of stream: C~nm
4. Time of evaluation: ~; 3~ 0.~
6. River basin: Cata~h~
7. Approximate drainage area: 3t oZ ~ Ci ~ ~ t rC.S
9. Length of reach evaluated: (~C7~-
8. Stream order:
10. County: ~~,~~V~
11. Site coordinates (if known): prefer in decim 1 degrees. 12. Subdivision name (if any):
Latitude (ex. 34.872312): ,35.1 ~~~ _ Longitude (ex. -77.556611): ~,'~~ rl C79'~
Method location determined (circle): GPS o o Sheet Ortho (Aerial) Photo/GIS Other GIS Other:
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
14. Pro osed channel work (if any):
~racle l ~i~ l1
15. Rec nt weather conditions:
~:n , pal~tl~c~ Llcs~~,y te,,,up ^' ~'[0 s
16. Site conditions at time o visit: o
far+~~ c!l~ .-der-tp N "~o° I~
17. Identify any special waterwa classifications known: -Section 10 Tidal Waters -Essential Fisheries Habitat
-Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters _ Water Supply Watershed (I-IV)
18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area:
19. Does channel appear on USGS quad map? YES ~ 20. Does channel appear on USDA Soil Survey? YES
21. Estimated watershed land use: 5~ % Residential ,~~' % Commercial ,~j.~/o Industrial ,'ZQ% Agricultural
Forested _ % Cleared X0,1 % Other ( )
22. Bankfull width: -+ ~ . S ~
23. Bank height (from bed to top of bank): s ~
24. Channel slope down center of stream: _ Flat (0 to 20%) -Gentle (2 to 4%) Moderate (4 to 10%) -Steep (>10%)
25. Channel sinuosity: -Straight _ Occasional bends -Frequent meander ~ Very sinuous -Braided channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain,
vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range
shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in fire worksheet. Scores should reflect an overall
assessment of the stream reach under evaluation. if a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide
an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g. the stream flows from a pasture into a
forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned
to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality.
Total Score (from reverse): L..~ 1-t Comments:
Evaluator's Signature:`- Date• D Q
This channel evaluation for i en us only as a guide to assist landowners and environmental professionals in gathering the data
required by the United States Army orps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the
completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change -
version 06/03. to comment, please call 919-876-8441 x 26.
1 of 2

STREAM QUALITY ASSESSMENT WORKSHEET
# CHARACTERISTICS ECOREGION POINT RANGE

Coastal
Piedmont
Mountain SCORE

1 Presence of flow /persistent pools in stream
0 - 5
0 - 4
0 - 5 ,~
LJ
(no flow or saturation = 0; strong flow = max oints)
2 Evidence of past human alteration 0- 6 0- 5 0- 5 3
(extensive alteration = 0; no alteration= max points)

3 Riparian zone
(no buffer = 0; contiguous, wide buffer = max oints)
0 - 6
0 - 4
0 - 5 1
4 Evidence of nutrient or chemical discharges 0 - 5 0 - 4 0 - 4
"
(extensive dischar es = 0; no discharges = max points) y

a
5 Groundwater discharge
0-3
0-4
0-4
U (no discharge = 0; s rings, see s, wetlands, etc. = max oints)
6 Presence of adjacent floodplain
= 0- 5 0- 4 0- 2
(no flood lain
0; extensive flood lain = max points)
a ~ Entrenchment /floodplain access 0- 5 0- 4-- 0- 2
(dee ly entrenched = 0; fre uent flooding = max oints)

8 Presence of adjacent wetlands
j
0 - 6
0 - 4
0 - 2
O
(no wetlands = 0; large ad
acent wetlands = max oints)

9 Channel sinuosity
0 - 5
0 - 4
0 - 3
(extensive channelization = 0; natural meander = max oints) ?~
10 Sediment input 0- 5 0- 4 0- 4 L}-
(extensive de osition = 0; little or no sediment = max points)
11 Size & diversity of channel bed substrate NA* 0 = 4 0 - 5
(fine, homo enous = O; large, diverse sizes = max oints)
12 Evidence of channel incision or widening 0 - 5 0 = 4 0 - 5 ~
~.
~ (dee ly incised = 0; stable bed & banks = max oints) ..
F
13 Presence of ma'or bank failures
0 - 5
0 - 5 '
0 - 5
(severe erosion = 0; no erosion, stable banks = max oints)

~
14 Root depth and density on banks
0-3
0-4
0-5
~ (no visible roots = 0; dense roots throughout = max oints)
15 Impact by agriculture, livestock, or timber production 0 - 5 0 - 4 0 - 5 L
I.
(substantial im act = 0; no evidence = max oints) .
16 Presence of riffle-pooUripple-pool complexes 0 - 3 0 - 5 0 - 6
(no riffies/ri les or ools = 0; well-developed = max oints) J

1 ~ Habitat complexity 0- 6 0- 6 0- 6
F (little or no habitat = 0; fre went, varied habitats = max oints)
~
18 Canopy coverage over streambed
0-5
0-5
0-5
L4.
(no shading ve etation = 0; continuous cano y = max oints)

19 Substrate embeddedness
NA *
0 - 4
0 - 4
(dee ly embedded = O; loose structure = max oints)
20 Presence of stream invertebrates (see page 4) 0 - 4 0 = 5 0 - 5
(no evidence = 0; common, numerous es = max oints)

~
21 Presence of amphibians
0-4
0-4
0-4
p (no evidence = 0; common, numerous ty es = max oints)
a0 22 Presence of fish 0 - 4 0 - 4 0 - 4
p (no evidence = 0; common, numerous types = max oints)
23 Evidence of wildlife use 0- 6 0- 5 0- 5 a
(no evidence = 0; abundant evidence = max oints)
Total Points Possible 100 100 : 100
TOTAL SCORE (also enter on first page)
* These characteristics are not assessed in coastal stream.
2of2

APPENDIX B
Newly Issued "JD" Form(s)

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish borough: Mecklenburg City: Chazlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.118658° N, Long. 80.787094° W.
Universal Transverse Mercator:
Name of neazest waterbody: Unnamed tributary of McAlpine Creek
Name of neazest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03050103
® Check if map/diagram of review area and/or potential jurisdictional azeas is/aze 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):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pick List "navigable waters of the U.S." within Rivers and Hazbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review azea. [Required] ,
^ Waters subject to the ebb and flow of the tide.
^ Waters aze 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 Pick List "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review azea. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
^ TNWs, including temtorial seas
^ Wetlands adjacent to TNWs
® Relatively permanent watersz (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) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 200 lineaz feet: 4.5 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters and/or wetlands were assessed within the review azea and determined to be not jurisdictional.
Explain:
~ Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
e Supporting documentation is presented in Section IILF.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanoshave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 3,279 square miles
Drainage azea: Pick List
Average annual rainfall: 42.81 inches
Average annual snowfall: 6.4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters aze 20-25 river miles from TNW.
Project waters aze 1 (or less) river miles from RPW.
Project waters aze 1 (or less) aerial (straight) miles from TNW.
Project waters are 10-15 aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: The interminttent onsite channel is connected flows towazd an offsite tributary of McAlpine
Creek by means of culverts. From the offsite tributary flow continues to McAlpine Creek, to Sugaz Creek, to the
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid
West.
s 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.

Catawba River (TNW). Therefore, due to this significant nexus the onsite intermittent channel is determined to be
Jurisdicational.
Tributary stream order, if known: 1.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ®Natural
^ Artificial (man-made). Explain:
® Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4.5 feet
Average depth: 5 feet
Average side slopes: 2:1.
Primazy tributary substrate composition (check all that apply):
® Silts ^ Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: stable.
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Meandering
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review azea/yeaz: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. 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 chazacter of soil ^
^ shelving ^
^ vegetation matted down, bent, or absent ^
^ leaf litter disturbed or washed away ^
^ sediment deposition ^
^ water staining ^
^ other (list):
^ Discontinuous OHWM.' 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):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
^ Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Chazacteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain:
^ Separated by berm barrier. Explain:
(d) Proximity (Relationship to TNW
Project wetlands are Pick List river miles from TNW.
Project waters aze Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Chazacterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
chazacteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributazy, 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 aze present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review azea:
^ TNWs: lineaz 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 yeaz-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
^ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each yeaz) are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributazy flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review azea (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
^ Wetlands directly abut RPW and thus aze 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 IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review azea: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which [hey are adjacent
and with similazly situated adjacent wetlands, have a significant nexus with a TNW aze jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW aze jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review azea: acres.
Impoundments of jurisdictional waters v
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):10
^ which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^ which aze or could be used for industrial purposes by industries in interstate commerce.
^ Interstate isolated waters. Explain:
^ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
SSee Footnote # 3.
s To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

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:
^ Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
^ If potential wetlands were assessed within the review azea, 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 azea would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
^ Waters do not meet the "Significant Nexus" standazd, where such a finding is required for jurisdiction. Explain:
^ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review azea that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
^ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepazed/submitted by or on behalf of the applicant/consultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur with data sheets/delineation report.
^ Data sheets prepazed 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:Weddington.
® USDA Natural Resources Conservation Service Soil Survey. Citation: Mecklenburg County.
® National wetlands inventory map(s). Cite name:Weddington, NC.
^ State/L,ocal wetland inventory map(s):
^ FEMA/FIRM maps:
^ 100-yeaz Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date):2005.
or ^ Other (Name & Date):
^ Previous determination(s). File no. and date of response letter:
^ Applicable/supporting case law:
^ Applicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: The interminttent onsite channel is connected flows towazd an offsite tributary of
McAlpine Creek by means of culverts. From the offsite tributary flow continues to McAlpine Creek, to Sugar Creek, to the Catawba River
(TNW). Therefore, due to this significant nexus the onsite intermittent channel is determined to be Jurisdicational.

APPENDIX C
Site Photographs

EEI Project Names: 6901 Providence Lane West
Charlotte, Mecklenburg County, North Carolina
EEI Project Number: 3537-E-NC
Date: June 11, 2007
~:..
2. View of onsite channel, facing west/northwest.
1. View of the western portion of the onsite channel
("end"), which discharges into a culvert that is
located underneath Providence Lane West.
4. View of onsite channel with grade controls and
headcut located near the central portion of the
onsite channel.
3. View of onsite channel bed located near the
central portion of the channel.

EEI Project Names: 6901 Providence Lane West
Charlotte, Mecklenburg County, North Carolina
EEI Project Number: 3537-E-NC
Date: June 11, 2007
i 4.•
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~"' 7
lia_ »~ ~ ~ ~~~~
5. View of onsite channel bed located near the
central portion of the channel.
6. View of onsite channel with grade controls and
headcut located near the central portion of the
onsite channel.
7. View of onsite channel headcut located near the
beginning portion of the onsite channel.
8. View of channel bank, facing southwest.

EEI Project Names: 6901 Providence Lane West
Charlotte, Mecklenburg County, North Carolina
EEI Project Number: 3537-E-NC
Date: June 11, 2007
10. View of onsite channel headcut located near the
top portion of the onsite channel.
9. View of onsite channel headcut located near the
top portion of the onsite channel.
l2. View of ephemeral area of onsite channel, facing
north/northwest.
11. View of ephemeral area of onsite channel, facing
north/northwest.

APPENDIX D
Proposed Site Plan/Preliminary Jurisdictional Determination Survey

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