20151294 Ver 1_401 Application_20151215

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Transmittal
Date: December 11, 2015 Job Number: 017221000
Project Name: Top Golf Charlotte
To: Karen Hijzains
NC DWR, 401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, North Carolina 27604
We are sending these by
❑ U.S. Mail ® FedEx Hand Deliver
❑ Other:
We are sending you
® Attached F� Under separate cover via the following items:
❑ Shop Drawings D Prints/Plans ❑ Samples ❑ Specifications ❑ Change Orders
® Other: 404/401 Pre -Construction Notification Package (NWP#27)
Copies
Date
No.
Description
4
12/11/2015
1
404/401 Pre -Construction Notification Package (NWP#27)
1
12/11/2015
2
PCN Application Fee Check
2
12/11/2015
3
Full -Size Plan Sheets
4
12/11/2015
4
Half -Size Plan Sheets
1
12/11/2015
5
CDR
1
12/11/2015
6
Preliminary Jurisdictional Determination Request and Site Plan Documents
These are transmitted as checked below:
® For your use ❑ Approved as submitted ❑ Resubmit E Copies for approval
❑ As requested Approved as noted ® Submit ❑ Copies for distribution
❑ For review and comment Returned for corrections F1 Return F—] Corrected prints
Remarks:
If you have any questions, please feel free to contact me at 704-409-1802.
Copy to: File Signed
Chris Tinklenberg, PWS

Corps Submittal Cover Sheet 2 Q 1 5 1 2 s 4
Please provide the following info:
1. Project Name: TopGolf Charlotte (Arrowood) _
2. Name of Property Owner/Applicant: American Asset Cor oration/To Golf International 'I�
3. Name of Consultant/Agent: Kimley-Horn & Associates, Inc.
*Agent authorization needs to be attached
4. Related/Previous Action ID number(s): SAW -2009-01479, SAW -2006-40061, DWQ-06
5. Site Address: Southeast of the Interstate 485 and Arrowhead Road intersection, Charlotte, NC
7. City: Charlotte
8. County: Mecklenburg
9. Lat: 35.153016 Long: -80.944557 (Decimal Degrees Please)
10. Quadrangle Name: Charlotte West
11. Waterway: Unnamed tributaries to Coffey Creek
12. Watershed: HUC 03050103 / Lower Catawba
13. Requested Action:
X Nationwide Permit # 39
General Permit #
X Jurisdictional Determination Request
Pre -Application Request (Mitigation Proposal)
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Site/Waters Name:
Keywords:

Kimley»)Horn
December 11, 2015
Mr. William Elliot
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Ms. Karen Higgins
NC DWR, 401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
Re: 404/401 Permit (Nationwide 39) Application
TopGolf Charlotte (Arrowood) Site
Charlotte, Mecklenburg County, NC
Dear Mr. Elliot/Ms. Higgins:
mi -
DEC 1 5 2015
On behalf of our client, TopGolf International, Inc., Kimley-Horn is submitting the enclosed
joint Section 404/401 Preconstruction Notification Application for the above referenced
project for your review pursuant to a Nationwide Permit #39 and General 401 Water Quality
Certification number 3890. The following information is included as part of this application
submittal:
Project Summary Sheet
Pre -Construction Notification Form
• Project Site Figures
o Figure 1 — Vicinity
o Figure 2 — USGS Topo (Charlotte West Quadrangle, 1993)
o Figure 3 — NRCS Soil Survey
o Figure 4 — SSURGO Soils (2015 Aerial Photograph)
o Figure 5 — Jurisdictional Features (2015 Aerial Photograph)
o Figure 6 — Proposed Conditions
• Permit Drawings for TopGolf
• Mitigation Assessment Forms and Rating Sheets
o NCWAM
o NCSAM
• Division of Mitigation Services In -Lieu Fee Approval
• Agency Correspondence
• Historical Permitting and Stormwater Documentation
The proposed project site is located at Arrowood Road and 1-485 in Charlotte, Mecklenburg
County, NC. The site is a 78 -acre undeveloped, primarily forested tract with a number of

Kimley>>> Horn Pu
maintained open fields. It is surrounded by undeveloped forested land to the north and
office/commercial development to the south, east and west.
The 404/401 (NWP 39) application presents site conditions evaluated by Kimley-Horn staff
(Chris Tinklenberg, PWS and Eric Martin, PWS) on March 10, 2015. A preliminary
jurisdictional determination request was submitted on September 30, 2015. The field
verification meeting was conducted on November 2, 2015 and all features were verified by
the USACE (William Elliot). See attached Preliminary Jurisdictional Determination Request.
Previous authorizations for this site include approvals from the Division of Environmental
Management in 1995 to rework Moody Lake in order to utilize the lake as a structural
stormwater BMP to provide stormwater detention for the Whitehall development and future
development of the American Asset Corporation (AAC)-owned property. Additionally, AAC
obtained Section 404 and 401 approvals in 2006 (SAW# 2006-40061, DWQ# 06-1122V2)
and extensions in 2009 (SAW# 2009-01479, DWQ# 06-1122V2) which authorized stream
and wetland impacts necessary to construct new roadway in order to provide access for the
Moody Lake Office Park development. Compensatory mitigation for stream and wetland
impacts, including 237 stream credits and 0.45 acres of riparian wetland credits were
purchased from the NC Ecosystem Enhancement Program (ILF-2006-4546) and approved
by the USACE and NCDWQ; however, due to economic constraints, the project was never
constructed and the compensatory mitigation was neither utilized nor refunded.
The project area includes a 6 -acre structural BMP (Moody Lake) which was reconfigured in
1995. Additionally, there are four perennial relatively permanent waters (RPWs), one
seasonal RPW and three jurisdictional wetlands. Streams 1 through 4 originate off-site and
enter the project area through culverted crossings beneath 1-485 (Streams 1-3) and
Arrowood Road (Stream 4) eventually flow into Moody Lake. Stream 5 originates at the
outlet structure of Moody Lake and flows east, eventually crossing beneath Arrowood Road
and offsite. Wetlands 1 & 2 are non -tidal freshwater marsh wetlands located within the
forebay areas of Moody Lake. Wetland 3 is a linear wetland located near the base of the
Moody Lake dam and an existing sanitary sewer easement.
The proposed project seeks to construct a new commercial driving range with associated
parking lots and utilities on a portion of the 78 -acre undeveloped property. Additionally, the
previously authorized new roadway will be constructed to service the proposed development
as well as provide connectivity for the future development of the Moody Lake Office Park.
Construction of the project will result in permanent stream impacts to 290 linear feet (0.03
acres) of a seasonal RPW (S4) and 0.22 acres of permanent wetland impacts (W2). 290
linear feet of permanent stream impacts will result from the installation of a 72" reinforced
concrete pipe (RCP) and associated retaining wall. Encapsulation of the stream is
necessary in order to place approximately 15 feet of fill required to construct the driving
range outfield and new roadway. A retaining wall, including 2:1 side slopes is proposed at
the culvert inlet in order minimize stream impacts. 0.22 acres of permanent wetland impacts
are primarily associated with the construction of the new roadway. Minimization was
accomplished by adjusting the roadway alignment and increasing side slopes resulting in

Kimley>»Horn
Pine 3
reduced wetland impacts. The project requires 20 linear feet of temporary stream impacts to
install an impervious dike and a pumped diversion to allow work in dry conditions. A
sanitary sewer connection is necessary to service the proposed facility. Installation of the
sanitary sewer requires an additional 40 linear feet of temporary stream impacts to S2 and
S3 in order to install an impervious dike and pumped diversion to allow open cut in dry
conditions. After installation of the proposed sanitary sewer, the channel bed and banks will
be restored to preconstruction conditions.
Compensatory mitigation will be accomplished by applying existing stream and wetland
credits approved by previous authorizations as well as purchasing an additional 53 linear
feet of stream credits to account for the remaining impacts. Permanent wetland impacts
have been reduced below the amount that was previously permitted and mitigated for,
therefore additional wetland credits are not necessary.
Please feel free to contact me at [phone] if you have any questions, or if additional
information is necessary.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
c-1
Chris Tinklenberg, PWS
Environmental Scientist
Attachments
Site Plan Documents for TopGolf
Preliminary Jurisdictional Determination Request
Cc: Ted Heilbron, TopGolf
Bill Krol, ARCO/Murray National Construction Company, Inc.
David Jarret, AAC
Michael Theberge, Bohler

Kimley l) Horn
Project Summary Sheet
Project Name: TopGolf Charlotte (Arrowood)
Applicant Name and Address: Ted Heilbron
TopGolf International, Inc.
8750 N. Central Expy. Ste. 1200
Dallas, TX 75231
Telephone Number: 214-535-0550
Type of Request: ®Nationwide PCN (NWP # 39 ❑ Individual Permit Application
® Jurisdictional Determination ❑ Other:
Included Attachments: ® Project Plans ® USGS Map ® NRCS Soil Survey
® Agent Authorization ® Delineation Sketch ❑ Delineation Survey
® Data Forms (Up & Wet) ® NCDWQ Stream Forms ® USAGE Stream Forms
® NCEEP Confirmation ® Aerial Photo ® Site Photos
® Agency Correspondence ❑ Other: ❑ Other:
Check if applicable: ❑ CAMA County ❑ Trout County ❑ Isolated Waters
❑ Section 7, ESA ❑ Section 106, NHPA ❑ EFH
❑ Mitigation Proposed (❑ NC EEP ❑ On -Site ❑ Off -Site ❑ Other)
County: Mecklenburg Nearest City/Town: Charlotte
Waterway: Unnamed tributaries to Coffey Creek
H.U.C.: HUC 03050103 — Lower Catawba
Property Size (acres): 78
Site Coordinates (in decimal degrees): 35.153016 °N
River Basin: Lower Catawba
USGS Quad Name: Charlotte West
Approx. Size of Jurisdiction on Site (acres): 7.89 ac.
-80.944557 °W
Project Location: The proposed project is located southwest of uptown Charlotte and southeast of the Interstate 485 and
Arrowhead Road intersection.
Site Description: The proposed project site is a 78 -acre undeveloped, primarily forested tract with a number of maintained
open fields. It is bounded by undeveloped forested land to the north and office/commercial development to the south, east
and west..
Impact Summary (if applicable): Construction of the project will result in permanent stream impacts to 290 linear feet (0.03
acres) of a seasonal RPW (S4) and 0.22 acres of permanent wetland impacts (W2). The Droiect requires 20 linear feet of
temporary stream impacts to install an impervious dike and a pumped diversion to allow work in dry conditions. A sanitary
sewer connection is necessary to service the proposed facility. Installation of the sanitary sewer requires an additional 40
linear feet of temporary stream impacts to install an impervious dike and pumped diversion to allow open cut of S2 and S3 in
dry conditions.
NWP
#
Open Water
(acres)
Wetland
(acres)
Stream Channel
Intermittent and/or Unimportant Perennial and/or Important
Aquatic Function Aquatic Function
Temp. Perm.
Temp. Perm.
Temp. Perm. Tem . Perm.
If ac if ac if ac Lf Ac
39
0.22
60 0.03 290 0.03
Total
0.22
60 0.03 290 0.03
Total Permanent Impact to Waters of the U.S. (acres)
Kimley-Horn Contact: Chris Tinklenberg, PWS
■
Suite 200
200 South Tryon Street
Charlotte, North Carolina
28202
0.25
Direct Number: [phone]
■
TEL [phone]
FAX [phone]

o�0 W ATF9QG
' Em
I I >
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page l of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d.
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
1 e.
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
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
TopGolf Charlotte (Arrowood)
2b.
County:
Mecklenburg
2c.
Nearest municipality/ town:
Charlotte
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
See attached Preliminary JD Request
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page l of 11
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: TopGolf International, Inc.
4b.
Name:
Ted Heilbron
4c.
Business name
(if applicable):
TopGolf International, Inc.
4d.
Street address:
8750 N. Central Expy. Ste. 1200
4e.
City, state, zip:
Dallas, TX 75231
4f.
Telephone no.:
214-535-0550
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Chris Tinklenberg, PWS
5b.
Business name
(if applicable):
Kimley-Horn and Associates, Inc.
5c.
Street address:
200 South Tryon Street, Suite 200
5d. City, state, zip:
Charlotte, North Carolina 28202
5e. Telephone no.:
704-409-1802
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
See attached Preliminary JD Request
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.153016 Longitude: -80.944557
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
78 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Coffey Creek
proposed project:
27L
Water Quality Classification of nearest receiving water:
Class C Water
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 proposed project site is located at Arrowood Road and 1-485 in Charlotte, Mecklenburg County, NC. The site is a 78 -acre
undeveloped, primarily forested tract with a number of regularly maintained open fields. It is surrounded by undeveloped
forested land to the north and office/commercial development to the south, east and west.
3b.
List the total estimated acreage of all existing wetlands on the property:
7.65 acres
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
—2,163 If
3d.
Explain the purpose of the proposed project:
The proposed project seeks to construct a new commercial driving range with associated parking lots and utilities on a
portion of the 78 -acre undeveloped property. Additionally, the previously authorized new roadway will be constructed to
service the proposed development as well as provide connectivity for the future development of the Moody Lake Office
Park.
3e.
Describe the overall project in detail, including the type of equipment to be used:
Construction of the project will result in permanent stream impacts to 290 linear feet (0.03 acres) of a seasonal RPW (S4)
and 0.22 acres of permanent wetland impacts (W2). 290 linear feet of permanent stream impacts will result from the
installation of a 72" reinforced concrete pipe (RCP) and associated retaining wall. Encapsulation of the stream is
necessary in order to place approximately 15 feet of fill required to construct the driving range outfield and new roadway.
A retaining wall, including 2:1 side slopes is proposed at the culvert inlet in order minimize stream impacts. 0.22 acres of
permanent wetland impacts are primarily associated with the construction of the new roadway. Minimization was
accomplished by adjusting the roadway alignment and increasing side slopes resulting in reduced wetland impacts. The
project requires 20 linear feet of temporary stream impacts to install an impervious dike and a pumped diversion to allow
work in dry conditions. A sanitary sewer connection is necessary to service the proposed facility. Installation of the
sanitary sewer requires an additional 40 linear feet of temporary stream impacts to S2 and S3 in order to install an
impervious dike and pumped diversion to allow open cut in dry conditions. After installation of the proposed sanitary
sewer, the channel bed and banks will be restored to preconstruction conditions. The project will require typical site
development equipment including but not limited to excavators, wheeled backhoes, track hoes, and dump trucks.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ElNo ElUnknown
project (including all prior phases) in the past?
Comments: SAW -2009-01479, SAW -2006-40061
4b. If the Corps made the jurisdictional determination, what type
El Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
In 2009, a NWP (SAW -2009-01479) was issued for this site, authorizing 160 linear feet of stream, 0.27 acre of wetlands,
and 0.2 acre of open water impacts. This replaced the original 2006 NWP application (SAW -2006-40061). The
authorized activities were not constructed and permits expired.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
The TopGolf development is not a phased project, however, the proposed roadway will provide connectivity for future
development of the 78 -acre property. A bridge over Moody Lake is proposed but will avoid further impacts to waters of
the US. No other impacts to waters of the US are anticipated in the future.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary (T)
W2 —Impact 3
Construction of
®Yes
®Corps
®P F-1 T
outfield and
PF01 C
El No
El DWQ
0.22
roadway
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
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.22
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Installation of
S4 — Impact 1
impervious dike
Unnamed
❑ PER
® Corps
5
20
F1 ® T
and pumped
Tributary
® INT
F1 DWQ
bypass
S4 -Impact 2
Installation of
retaining wall and
Unnamed
F1 PER
®Corps
5
290
® P ❑ T
72" RCP
Tributary
® INT
❑ DWQ
S3 -Impact 4
Open cut
Op
installa iosn of 48"
Unnamed
®PER
®Corps
5
20
❑ P ® T
Tributary
F1INT
F1DWQ
S4 - Impact 5
Open cut
Unnamed
® PER
® Corps
❑ P ® T
installation of 48"
Tributary to Coffee
❑ INT
❑ DWQ
8
20
SS
Creek
Impact 5
❑ PER
❑ Corps
❑ P ❑ T
❑ INT
❑ DWQ
Impact 6
❑ PER
❑ Corps
❑ P ❑ T
❑ INT
❑ DWQ
Impact 7
❑ PER
❑ Corps
❑ P ❑ T
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
350
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar -Pamlico ❑Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
re uired?
B1 ❑P❑T
F1 Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
A retaining wall, including 2:1 side slopes is proposed at the culvert inlet in order minimize stream impacts. Minimization of
wetland impacts was accomplished by adjusting the roadway alignment and increasing side slopes resulting in a reduction of
wetland impacts. All temporary impacts will be restored to preconstruction conditions.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project is utilizing new impervious area but accompanied with proper sedimentation basins and ponds for water quality
considerations within project footprint. The side-slopes are at a maximum of 2:1 where appropriate to minimize stream
impacts. Temporary construction impacts will be limited by the installation of impervious dikes for temporary stream diversion
as well as restoring/stabilizing when construction is complete.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ® Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
® Payment to in-lieu fee program
project?
❑ 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:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached.
® Yes
4b. Stream mitigation requested:
53 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: Compensatory mitigation for stream and wetland impacts, including 237 stream credits and 0.45 acres of
riparian wetland credits were purchased from the NC Ecosystem Enhancement Program (ILF-2006-4546) and approved by
the USACE and NCDWQ in 2006; however, due to economic constraints, the project was never constructed and the
compensatory mitigation was neither utilized nor refunded. Compensatory mitigation will be accomplished by applying
existing stream and wetland credits approved by previous authorizations as well as purchasing an additional 53 linear feet of
stream credits to account for the remaining impacts. Permanent wetland impacts have been reduced, therefore additional
wetland credits are not necessary.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
30%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: The site is served by an existing
approved SWM/BMP facility designed to treat the subject parcel for the intensity of development
planned. As such — no
additional SWM/BMP plan is required to be submitted with this development. See
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
4a.
Which of the following state -implemented stormwater management programs apply
❑ 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.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
Future development is proposed; however, the master -planned project accounts for stormwater discharge from future
developement; therefore, downstream water quality should not be negatively affected.
4.
Sewage Disposal (DWQ 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.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Formal Section 7 Consultation has been submitted and is pending
® Yes ❑ No
as of the submittal date of this PCN.
E] Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Letter correspondence dated August 21, 2015, the Natural Heritage Program stated that there were no federally threatened or
endangered species located within a one mile radius of the site. Additionally, pedestrian surveys were conducted by KH
biologists on October 29, 2015. No federally listed species or their habitats were observed on-site. Letter and email
correspondence with the USFWS concurred with the absence of species and their habitats on-site.
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?
NC Natural Heritage Program
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?
A search of the N.C. State Historic Preservation Office HPOWEB GIS service confirmed the project will not impact historic
or archeological resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Chris Tinklenberg, PWS,
G
12/11/2015
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

Title:
Figure 1 - Vicinity Legend:
Property Boundary
Kimley>>>Horn N
0 1,000 2,000 Feet TOPOOLF

Title: Legend:
Figure 2 - USGS Topo (Charlotte West Quadrangle, 1993)
Property Boundary T�
Kimley>>> Horn
0 500 1,000 Feet TOPOOLF

Title:
Figure 3 - Mecklenburg County NRCS Soils (1980) Legend:
Property Boundary
N
Kimley>>>Horn 0 250 500 Feet TOPGOLF
I i I

Title: Legend.,
Figure 4 - SSURGO Soils (2015 Meck. Co. Aerial) Property Boundary Hydric Soil Rating
Mack. Co. SSURGO Soils Not Hydric (0%) w NWI Hydric (1 to 32%)
N� Meck Co. Streams
Kimley>>> Horn *%-o0 250 500 Feet TOPGOLF
I

S4 - Impact 2
S4 - Impact 1- W2 -Impact 3 a
20 LF - Temporary 290 LF -Permanent o - 0.22 acres - Permanent
Impervious Dike and Installation of retaining wall
and 72" RCPConstruction of outfield
ass _
Pumped Byp.
_ l and roadway
Oil
a
11 4
S3 - Impact 4
20 LF - Temporary
Open cut installation
of 48" SS line
To be restored
*k.
S2 - Impact 5
20 LF - Temporary
Open cut installation
of 48" SS line
To be restored
Title:
Legend:
Figure 6 - Proposed Conditions (2015 Aerial Photograph)
Property Boundary
Proposed 72" RCP
Proposed Rip Rap
Limits of Disturbance
N
- Proposed Retaining Wall
KiI l e /> � 0 r n
Y ///
4
0 1 00 200 Feet
-Proposed Roadway Plan
Proposed Grading and Site Plan
Structural BMP
/\- Intermittent (GPS Located)
1i Perennial (GPS Located)
Q:3 Wetlands (Delineated by KH)
TOPGOLF

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H:\2015\NCC152080\DRAWINGS\PIAN SETS\SITE PIAN DOCUMENTS\NCC15208OSSO.DWG PRINTED BY: BBUCKLAND 12.08.15 0 4:36 PM LAST SAVED BY:

NC WAM WETLAND ASSESSMENT FORM
Accompanies User Manual Version 4.1
Katmg I:aiculator Version 4.1
Wetland Site Name Wetland 2 (W2) Date March 10, 2015
Wetland Type Non -Tidal Freshwater Marsh Assessor Name/Organization Chris Tinklenberg, PWS/KH
Level III Ecoregion piedmont Nearest Named Water Body Coffee Creek
RiverBasinl Catawba USGS 8 -Digit Catalogue Unit 03050103
Yes r* No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.154326, -80.943368
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if
appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited
to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby
septic tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? r- Yes No
Regulatory Considerations (select all that apply to the assessment area)
r Anadromous fish
f Federally protected species or State endangered or threatened species
F NCDWQ riparian buffer rule in effect
F Abuts a Primary Nursery Area (PNA)
F Publicly owned property
F_ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
F Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
F Designated NCNHP reference community
F Abuts a 303(d) -listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
r� Blackwater
Brownwater
Tidal (if tidal, check one of the following boxes) C- Lunar r- Wind Both
Is the assessment area on a coastal island? r-- Yes r: No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? f Yes No
Does the assessment area experience overbank flooding during normal rainfall conditions? t Yes r: No
1. Ground Surface Condition/Vegetation Condition - assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure
(VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable,
then rate the assessment area based on evidence of an effect.
GS VS
r: A r:" A Not severely altered
i B B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing,
less diversity [if appropriate], hydrologic alteration)
2. Surface and Sub -Surface Storage Capacity and Duration - assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and
duration (Sub). Consider both increase and decrease in hydrology. Refer to the current NRCS lateral effect of ditching guidance for
North Carolina hydric soils (see USACE Wilmington District website) for the zone of influence of ditches in hydric soils. A ditch
<- 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch
sub -surface water. Consider tidal flooding regime, if applicable.
Surf Sub
(: A r+" A Water storage capacity and duration are not altered.
C' B (- B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
r"" C t - C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation
change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief - assessment area/wetland type condition metric (answer for non -marsh wetlands only)
Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland
type (WT).
AA WT
3a. t A r- A Majority of wetland with depressions able to pond water > 1 foot deep
c^" B " B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
r - C t C Majority of wetland with depressions able to pond water 3 to 6 inches deep
- D " D Depressions able to pond water < 3 inches deep
3b. (- A Evidence that maximum depth of inundation is greater than 2 feet
r - B Evidence that maximum depth of inundation is between 1 and 2 feet
- C Evidence that maximum depth of inundation is less than 1 foot

4. Soil Texture/Structure — assessment area condition metric
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape
feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for
regional indicators.
4a. (` A Sandy soil
(Te B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
(` C Loamy or clayey soils not exhibiting redoximorphic features
(" D Loamy or clayey gleyed soil
(" E Histosol or histic epipedon
4b. (` A Soil ribbon < 1 inch
(7 B Soil ribbon z 1 inch
4c. (7 A No peat or muck presence
(- B A peat or muck presence
5. Discharge into Wetland — opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub).
Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc.
Surf Sub
(: A r: A Little or no evidence of pollutants or discharges entering the assessment area
r B r B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
r C r C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use — opportunity metric
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources
draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the
assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers
are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion.
WS 5M 2M
F1 A, 1`7 A r A z 10% impervious surfaces
F r B F B < 10% impervious surfaces
r C f-- C r C Confined animal operations (or other local, concentrated source of pollutants)
F D r D F D s 20% coverage of pasture
F E F E F E z 20% coverage of agricultural land (regularly plowed land)
F F r F r F s 20% coverage of maintained grass/herb
F_ G r G r G >_ 20% coverage of clear-cut land
F H 17— H r H Little or no opportunity to improve water quality. Lack of opportunity may result from hydrologic alterations
that prevent drainage or overbank flow from affecting the assessment area.
7. Wetland Acting as Vegetated Buffer— assessment area/wetland complex condition metric
7a. Is assessment area within 50 feet of a tributary or other open water?
r' Yes r No If Yes, continue to 7b. If No, skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of the wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is weltand? Descriptor E should be selected if ditches effectively bypass the buffer.
r A >_ 50 feet
(: B From 30 to < 50 feet
r C From 15 to < 30 feet
D From 5 to < 15 feet
r E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
(« <_ 15 -feet wide r > 15 -feet wide r Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
(- Yes 6- No
7e. Is tributary or other open water sheltered or exposed?
r' Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic.
(" Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area — wetland type/wetland complex metric (evaluate for riparian wetlands only)
Check a box in each column. Select the average width for the wetland type at the assessment area (WT)
and the wetland complex at the assessment areas (WC). See User Manual for WT and WC boundaries.
WT WC
(' A (' A >_ 100 feet
(" B ( B From 80 to < 100 feet
( C ( C From 50 to < 80 feet
( D (' D From 40 to < 50 feet
( E ( E From 30 to < 40 feet
( F (' F From 15 to < 30 feet
( G (' G From 5 to < 15 feet
(: H (: H < 5 feet

9. Inundation Duration — assessment area condition metric
Answer for assessment area dominant landform.
A Evidence of short -duration inundation (< 7 consecutive days)
B Evidence of saturation, without evidence of inundation
{: C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition — assessment area condition metric
Consider recent deposition only (no plant growth since deposition).
(- A Sediment deposition is not excessive, but at approximately natural levels.
t✓: B Sediment deposition is excessive, but not overwhelming the wetland.
r C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size — wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column.
WT WC FW (if applicable)
A ( A f` A z 500 acres
{ B f B B From 100 to < 500 acres
[ C [' C { C From 50 to < 100 acres
D C` D {" D From 25 to < 50 acres
[ E f E {" E From 10 to < 25 acres
F { F i` F From 5 to < 10 acres
[ G l' G r G From 1 to < 5 acres
#� H r H f— H From 0.5 to < 1 acre
[• 1 {: 1 i I From 0.1 to < 0.5 acre
J r J C J From 0.01 to < 0.1 acre
f' K r K i" K < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only)
A Pocosin is the full extent (>_ 90%) of its natural landscape size.
i B Pocosin is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas — landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous
metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility
line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide.
Well Loosely
[ A { A >_ 500 acres
i� B {- B From 100 to < 500 acres
C f C From 50 to < 100 acres
D {: D From 10 to < 50 acres
[: E { E < 10 acres
f F {" F Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
(: Yes (- No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect — wetland type condition metric (skip for all marshes)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts.
Consider the eight main points of the compass.
{" A No artificial edge within 150 feet in all directions
r B No artificial edge within 150 feet in four (4) to seven (7) directions
r C An artificial edge occurs within 150 feet in more than four (4) directions or assessment area is clear-cut
15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat)
C' A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species, with exotic plants absent or sparse within the assessment area.
[ B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or
clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
C Vegetation severely altered from reference in composition. Expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species). Exotic species are dominant in
at least one stratum.
16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only)
r A Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics).
{: B Vegetation diversity is low or has > 10% to 50% cover of exotics.
{ C Vegetation is dominated by exotic species (>50% cover of exotics).

17. Vegetative Structure — assessment area/wetland type condition metric
17a. Is vegetation present?
t: Yes (— No If Yes, continue to 17b. If No, skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands.
A
>_ 25%
coverage of vegetation
c— B
< 25%
coverage of vegetation
17c. Check
a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure
in airspace
above the assessment area (AA) and the wetland type (WT) separately.
AA
WT
oA
(� A
Canopy closed, or nearly closed, with natural gaps associated with natural processes
# B
{` B
Canopy present, but opened more than natural gaps
m
U
{- C
[- C
Canopy sparse or absent
o
{ A
A
Dense mid-story/sapling layer
a
# B
i B
Moderate density mid-story/sapling layer
g
{' C
{' C
Mid-story/sapling layer sparse or absent
f' A
A
Dense shrub layer
# B
i B
Moderate density shrub layer
{' C
[- C
Shrub layer sparse or absent
f' A
A
Dense herb layer
# B
i B
Moderate density herb layer
_
C C
d-' C
Herb layer sparse or absent
18. Snags — wetland type condition metric
(— A Large snags (more than one) are visible (> 12 -inches DBH, or large relative to species present and landscape stability).
B Not A
19. Diameter Class Distribution — wetland type condition metric
C— A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
f B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 -inch DBH.
r-- C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris — wetland type condition metric
Include both natural debris and man -placed natural debris.
r A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
': B Not A
21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater
Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas, while solid white areas indicate open water.
C A t B C: C `t� D
71,
22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands only)
Examples of activities that may severely alter hydrologic connectivity include intensive
ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision.
C A Overbank and overland flow are not severely altered in the assessment area.
C B Overbank flow is severely altered in the assessment area.
[ C Overland flow is severely altered in the assessment area.
r D Both overbank and overland flow are severely altered in the assessment area.
Notes
Evidence of relic beaver activity was observed including a number of small dams that appear to have become the normal condition but has not
substantially altered storage capacity or duration. Those factors are controlled by the man-made Moody Lake dam.

NC WAM Wetland Rating Sheet
Accompanies User Manual Version 4.1
Rating Calculator Version 4.1
Wetland Site Name Wetland 2 (W2) Date March 10, 2015
Wetland Type Non -Tidal Freshwater Marsh Assessor Name/Organization ;hris Tinklenberg, PWS/K
Notes on Field Assessment Form (Y/N)
YES
Presence of regulatory considerations (Y/N)
NO
Wetland is intensively managed (Y/N)
NO
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N)
YES
Assessment area is substantially altered by beaver (Y/N)
NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N)
NO
Assessment area is on a coastal island (Y/N)
NO
Sub -function Rating Summary
Function
Sub -function
Metrics
Rating
Hydrology
Surface Storage and Retention
Condition
NA
MEDIUM
Sub -Surface Storage and Retention
Condition
NA
Water Quality
Pathogen Change
Condition
NA
Conditon
MEDIUM
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Particulate Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Soluble Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Physical Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Pollution Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Habitat
Physical Structure
Condition
MEDIUM
Landscape Patch Structure
Condition
LOW
Vegetation Composition
Condition
MEDIUM
Function Rating Summary
Function
Metrics/Notes
Rating
Hydrology
Condition
HIGH
Water Quality
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence? (Y/N)
NO
Habitat
Conditon
MEDIUM
Overall Wetland Rating MEDIUM

Accompanies User Manual Version 2
�a1114 a - a vl vG U11 c
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic
quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same
property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User
Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary
measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT / SITE INFORMATION:
1. Project name (if any): TopGolf Charlotte (Arrowood) 2. Date of evaluation: March 10, 2015
3. Applicant/owner name: TopGolf / American Asset Corporation 4. Assessor name/organization: C. Tinklenberg/Kimley-Horn
5. County: Mecklenburg 6. Nearest named water body
7. River Basin: Catawba on USGS 7.5 -minute quad: Coffee Creek
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.499813, -80.851910
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): S4 10. Length of assessment reach evaluated (feet): 400'
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 4' F Unable to assess channel depth.
12. Channel width at top of bank (feet): 5' 13. Is assessment reach a swamp stream? r . Yes i No
14. Feature type: i ' Perennial flow C: Intermittent flow { Tidal Marsh Stream
STREAM RATING INFORMATION:
15. NC SAM Zone: C- Mountains (M) C: Piedmont (P) {" Inner Coastal Plain (1) Outer Coastal Plain (0)
16. Estimated geomorphic /
valley shape (skip for r- a -��- b
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip : Size 1 (< 0.1 mi`) Size 2 (0.1 to < 0.5 mi`) ^ Size 3 (0.5 to < 5 mi`) Size 4 (>> 5 mit)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? C Yes Ci No If Yes, check all that appy to the assessment area.
F_ Section 10 water I- Classified Trout Waters F_ Water Supply Watershed ( C' I r II C III (: IV r V)
F_ Essential Fish Habitat I- Primary Nursery Area F_ High Quality Waters/Outstanding Resource Waters
I- Publicly owned property F_ NCDWR riparian buffer rule in effect F_ Nutrient Sensitive Waters
F_ Anadromous fish F_ 303(d) List F_ CAMA Area of Environmental Concern (AEC)
I- Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
F_ Designated Critical Habitat (list species):
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? Co- Yes r No
1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
ii A Water throughout assessment reach.
i B No flow, water in pools only.
i� C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
is A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates).
i B Not A
3. Feature Pattern - assessment reach metric
is A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
C' B Not A.
4. Feature Longitudinal Profile - assessment reach metric
is A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming,
over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of
these disturbances).
i B Not A
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
(- A < 10% of channel unstable
is B 10 to 25% of channel unstable
C- C > 25% of channel unstable
6. Streamside Area Interaction - streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
C- A i A Little or no evidence of conditions that adversely affect reference interaction

{: B ( B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area,
leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
{ C C` C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision,
disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples:
impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a
man-made feature on an interstream divide
7. Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
r A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
R B Excessive sedimentation (burying of stream features or intertidal zone)
f— C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
F D Odor (not including natural sulfide odors)
F E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch"
section.
F F Livestock with access to stream or intertidal zone
F G Excessive algae in stream or intertidal zone
F H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.)
F I Other: (explain in "Notes/Sketch" section)
F J Little to no stressors
8. Recent Weather — watershed metric
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a
drought.
{ A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
( B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
It C No drought conditions
9 Large or Dangerous Stream — assessment reach metric
Yes (: No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types —assessment reach metric
10a. (+ Yes (— No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
i A Multiple aquatic macrophytes and aquatic mosses m u) I F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats) F m r G Submerged aquatic vegetation
F_ B Multiple sticks and/or leaf packs and/or emergent o w T F H Low -tide refugia (pools)
vegetation Y = o F I Sand bottom
I— C Multiple snags and logs (including lap trees) _ I J 5% vertical bank along the marsh
1- D 5% undercut banks and/or root mats and/or roots V 2 F K Little or no habitat
in banks extend to the normal wetted perimeter
I✓ E Little or no habitat
*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. (— Yes (. No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
F A Riffle -run section (evaluate 11c)
F B Pool -glide section (evaluate 11d)
Fe C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged.
Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _
absent, Rare (R) = present but <_ 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative
percentages should not exceed 100% for each assessment reach.
NP R C A P
Bedrock/saprolite
Boulder (256 — 4096 mm)
Cobble (64 — 256 mm)
Gravel (2 — 64 mm)
Sand (.062 — 2 mm)
Silt/clay (< 0.062 mm)
Detritus
Artificial (rip -rap, concrete, etc.)
11d. ( Yes (` No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12a. (*- Yes (— No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. (— No Water (— Other:

12b. C" Yes t: No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check
all that apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams.
F r Adult frogs
r r Aquatic reptiles
F r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
F r Beetles (including water pennies)
F r Caddisfly larvae (Trichoptera [T])
F r Asian clam (Corbicula )
F r Crustacean (isopod/amphipod/crayfish/shrimp)
r r Damselfly and dragonfly larvae
F r Dipterans (true flies)
r r Mayfly larvae (Ephemeroptera [E])
F r Megaloptera (alderfly, fishfly, dobsonfly larvae)
F r Midges/mosquito larvae
r r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
r r Mussels/Clams (not Corbicula )
F r Other fish
F r Salamanders/tadpoles
F r Snails
F r Stonefly larvae (Plecoptera [P])
F r Tipulid larvae
F r Worms/leeches
13. Streamside Area Ground Surface Condition - streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and
upland runoff.
LB RB
C- A r- A Little or no alteration to water storage capacity over a majority of the streamside area
C" B i.- B Moderate alteration to water storage capacity over a majority of the streamside area
r " C r-' C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill,
soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage - streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
C" A C' A Majority of streamside area with depressions able to pond water >_ 6 inches deep
C" B C' B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
r~ C C' C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence - streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the
normal wetted perimeter of assessment reach.
LB RB
C" Y C" Y Are wetlands present in the streamside area?
r: N (+" N
16. Baseflow Contributors - assessment reach metric (skip for size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
F A Streams and/or springs (jurisdictional discharges)
F B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
F C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam)
F D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage)
F,-, E Stream bed or bank soil reduced (dig through deposited sediment if present)
F F None of the above
17. Baseflow Detractors - assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
F A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
R B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
R, C Urban stream (>: 24% impervious surface for watershed)
F D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach
F E Assessment reach relocated to valley edge
F F None of the above
18. Shading - assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
r A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
(: B Degraded (example: scattered trees)
C " C Stream shading is gone or largely absent
19. Buffer Width - streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top
of bank out to the first break.
Vegetated Wooded

LB RB LB RB
A Co A (' A (+ A >_ 100 -feet wide or extends to the edge of the watershed
r: B (' B r- B (- B From 50 to < 100 -feet wide
r C
("' C
t' C C From 30 to < 50 -feet wide
r D
(" D
r-" D (' D From 10 to < 30 -feet wide
r— E
C' E
t " E (— E < 10 -feet wide or no trees
20. Buffer Structure
— streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB
RB
(— A
r A
Mature forest
B
B
Non -mature woody vegetation or modified vegetation structure
C C
C
Herbaceous vegetation with or without a strip of trees < 10 feet wide
r D
r- D
Maintained shrubs
r— E
(— E
Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but
is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22: r
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
( A ( A { A ("' A (' A (` A Row crops
(' B (` B ("` B (' B ( B C' B Maintained turf
(" C (" C (` C C (' C ( C Pasture (no livestock)/commercial horticulture
(" D (" D (` D (' D ( D ( D Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
ri' A r. A Medium to high stem density
r-- B r— B Low stem density
(_ C i C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 -feet wide.
LB RB
r— A rt A The total length of buffer breaks is < 25 percent.
r: B r— B The total length of buffer breaks is between 25 and 50 percent.
r _ C i C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes
to assessment reach habitat.
LB RB
r' A r— A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native
species, with non-native invasive species absent or sparse.
C: B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
C C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity — assessment reach metric (skip for all Coastal Plain streams)
25a. i Yes : No Was a conductivity measurement recorded?
If No, select one of the following reasons. t " No Water f Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
r A <46 r B 46 to < 67 r C 67 to < 79 r D 79 to < 230 r E >> 230

Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 1
Rating Calculator Version 1
Stream Site Name TopGolf Charlotte (Arrowood) Date of Evaluation March 10, 2015
Stream Category Pb1 Assessor Name/Organization C. Tinklenberg/Kimley-Horr
Notes of Field Assessment Form (Y/N) NO
Presence of regulatory considerations (Y/N) NO
Additional stream information/supplementary measurements included (Y/N) YES
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent
USACE/
NCDWR
Function Class Rating Summary
All Streams
Intermittent
(1) Hydrology
LOW
LOW
(2) Baseflow
MEDIUM
MEDIUM
(2) Flood Flow
LOW
LOW
(3) Streamside Area Attenuation
MEDIUM
MEDIUM
(4) Floodplain Access
MEDIUM
MEDIUM
(4) Wooded Riparian Buffer
HIGH
HIGH
(4) Microtopography
NA
NA
(3) Stream Stability
LOW
LOW
(4) Channel Stability
MEDIUM
MEDIUM
(4) Sediment Transport
LOW
LOW
(4) Stream Geomorphology
LOW
LOW
(2) Stream/Intertidal Zone Interaction
NA
NA
(2) Longitudinal Tidal Flow
NA
NA
(2) Tidal Marsh Stream Stability
NA
NA
(3) Tidal Marsh Channel Stability
NA
NA
(3) Tidal Marsh Stream Geomorphology
NA
NA
(1) Water Quality
HIGH
HIGH
(2) Baseflow
MEDIUM
MEDIUM
(2) Streamside Area Vegetation
HIGH
HIGH
(3) Upland Pollutant Filtration
HIGH
HIGH
(3) Thermoregulation
MEDIUM
MEDIUM
(2) Indicators of Stressors
NO
NO
(2) Aquatic Life Tolerance
HIGH
NA
(2) Intertidal Zone Filtration
NA
NA
(1) Habitat
MEDIUM
MEDIUM
(2) In -stream Habitat
LOW
LOW
(3) Baseflow
MEDIUM
MEDIUM
(3) Substrate
LOW
LOW
(3) Stream Stability
MEDIUM
MEDIUM
(3) In -stream Habitat
LOW
LOW
(2) Stream -side Habitat
HIGH
HIGH
(3) Stream -side Habitat
HIGH
HIGH
(3) Thermoregulation
MEDIUM
MEDIUM
(2) Tidal Marsh In -stream Habitat
NA
NA
(3) Flow Restriction
NA
NA
(3) Tidal Marsh Stream Stability
NA
NA
(4) Tidal Marsh Channel Stability
NA
NA
(4) Tidal Marsh Stream Geomorphology
NA
NA
(3) Tidal Marsh In -stream Habitat
NA
NA
(2) Intertidal Zone Habitat
NA
NA
Overall
MEDIUM
MEDIUM

Environmental
Quality
December 11, 2015
TopGolf International, Inc.
Ted Heilbron
8750 N. Central Expy. Ste. 1200
Dallas, TX 75231
Project: TopGolf Charlotte
PAT MCCRORY
DONALD R. VAN DER VAART
Expiration of Acceptance: June 11, 2016
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table
below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be
approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to
contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other
state, federal or local government permits, regulations or authorizations associated with the proposed activity including
G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a
copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. I
is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an
invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the
authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and
policies listed at http://portal.ncdenr.org/web/eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory
mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact
is determined by permitting agencies and may exceed the impact amounts shown below.
River
Basin
CU Location
(8 -digit HUC)
Stream (feet)
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer II
(Sq. Ft.)
Cold
Cool
I Warm Riparian an C
Non-Ri arioastal Marsh
Catawba
03050103**
53
0
0
0 0 0
0
0
Impact
"The Catawba 03 Expanded Service Area will be utilized for this impact Upon receipt of payment, DMS will take
responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu
Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional
information, please contact Kelly Williams at [phone].
cc: William Elliott, USACE- Asheville
Alan Johnson, NCDWR
Chris Tinklenberg- agent
Sincerely,
Ja s. B Stanfill
Asset Management Supervisor
-�''iothing Compares_
State oFNorthCarolina I Environmental Quality
1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919-707-8600

Print Form
DMS ILF Mitigation Request Statement of Compliance with §143-214.11 & 143-214.20
(link to G.S. 143-214.11)
Prior to accessing the Division of Mitigation Services (DMS), all applicants must demonstrate compliance
with G.S. § 143-214.11 and 143-214.20. All requests MUST include this form signed and dated by the
permit applicant or an authorized agent. Please refer to DENR's Implementation Policy for more details.
Compliance Statement:
I have read and understand G.S. § 143-214.11 and 214.20 and have, to the best of my
knowledge, complied with the requirements. I understand that participation in the DMS is
voluntary and subject to approval by permitting agencies.
Please check all that apply:
Applicant is a Federal or State Government Entity or a unit of local government
meeting the requirements set forth in G.S. 143-214.11 and is not required to
purchase credits from a mitigation bank.
Ei There are no listed mitigation banks with the credit type I need located in the
hydrologic unit where this impact will take place (link to DWR list)
Mitigation bank(s) in the hydrologic unit where the impacts will occur have been
contacted and credits are not currently available.
The DWR or the Corps of Engineers did not approve of the use of a mitigation
bank for the required compensatory mitigation for this project.
This is a renewal request and the permit application is under review
credits were not available at the time the application was submitted.
Enter date permit application was submitted for review:
Bank
Note: It is the applicant's responsibility to document any inquiries made to private mitigation
banks regarding credit availability.
CMT
I have read and understand the DMS refund policies (attached)
initial nere
- Digitally signed by [e-mail]
DN:cn=[e-mail] Chris Tinklenberg, PWS
Date: 2015.12.01 15:00:10 -05'00'
Signature of Applicant or Agent
December 11, 2015
Date
Top Golf Charlotte
Project Name
Printed Name
Charlotte, NC
Location

DIVISION OF MITIGATION SERVICES (DMS)
IN-LIEU FEE REQUEST FORM Revised 4/23/2015
Complete requested information, sign and date, email to kelly.williams(a_)ncdenr.gov . Attachments are acceptable for clarification
purposes (location map, address or lat long is required). Information submitted is subject to NC Public Records Law and may be
re uested b third parties. Review meetin s are held on Tuesda afternoons.
9....................................Y..................................................................................................................9.......................................................................................Y......................................................................................................................................................................................................................................................................

Refund Policy for Fees Paid to DMS In -Lieu Fee Programs (9/21/2009)
Purpose: The purpose of this policy is to make clear the circumstances and process under which a
permittee can obtain a refund while simultaneously balancing customer service and responsible
business practices. This policy applies to all refund requests made on or after the publication date of
this policy.
Policy Statement: The policy of DMS is to allow for refunds under certain conditions.
1. All refund requests must be made in writing to the DMS In -Lieu Fee Program Coordinator at
kelly.williams(cD_ncdenr.gov.
2. All refund requests are subject to fund availability. DMS does not guarantee fund availability for
any request.
3. The request must either come from the entity that made the payment or from an authorized agent.
Third parties requesting refunds must provide written authorization from the entity that made the
payment specifying the name and address of the authorized refund recipient.
4. Refund requests related to unintended overpayments, typographical errors or incorrect invoices
should be brought the attention of the In -Lieu Fee Program Coordinator as soon as possible. Such
requests are typically approved without delay.
5. Payments made under the incremental payment procedure are not eligible for refunds.
6. Refund requests made within nine months of payment to DMS will only be considered for requests
associated with projects that have been terminated or modified where the permittee's mitigation
requirements have been reduced. Such requests must be accompanied by written verification from the
permitting agency that the project has been cancelled, the permits have been rescinded or have been
modified, or the mitigation requirements have been reduced.
7. Refund requests made more than nine months from the payment date will only be considered for
permits that were terminated or modified to not require any mitigation. Such requests must be
accompanied by written verification from the permitting agency that the project has been cancelled, the
permits have been rescinded and/or mitigation is no longer required.
8. Refund requests not meeting the criteria specified above are not eligible for a refund.
9. Refund requests that meet the criteria above will be elevated to DMS Senior Management for
review. The following considerations apply to all refund requests:
a. availability of funds after consideration of all existing project and regulatory obligations
b. the date the payment was made
c. the likelihood DMS can use the mitigation procured using the payment to meet other
mitigation requirements
10. Once a refund has been approved, the refund recipient must provide a completed W-9 form to the
DMS In -Lieu fee Program Coordinator within two weeks in order to process the refund though the
State Controller's Office.
11. All decisions shall be final.

AGENT AUTHORIZATION FORM
Name: David Jarrett c/o American Asset Corporation
Address: 5950 Fairview Road Suite 800Charlotte NC 28210
Phone: [phone]
Project Name/Description: To Golf Charlotte Arrowood
Date: Se tember 29 2015
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: William Elliot
Field Office: Asheville
Re: Wetland Related Consulting and Permitting
To Wham It May Concern:
American Asset Corporation (AAC) hereby designates and authorizes Kimley-Horn and
Associates, Inc. to act in their behalf as their agent solely for the purpose of processing of Section
404 permits and Section 441 Water Quality Certifications applications and to furnish upon
request supplemental information in support of applications, etc, for the TopGolf Charlotte Site
from this day forward until successful completion of the permitting process or revocation by
AAC.
Authorized this the 29 day of September 2015
/"'I kvto AWE -r-r
Authorized representative
(Print Name)
Aut prized Re ntative
(Signature)

RECEIPT
March 12, 2007
Barry James
American Asset Corporation
3700 Arco Corporate Drive, Suite 350
Charlotte, NC 28273
Project:
Moody Lake Business Park
County:
Mecklenburg
DWQ No:
06-1122
USACE ID:
2006-40061-360
EEP No:
ILF-2006-4546
Amount Paid:
$68,907.50
Check Number:
20034
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the
above referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin
Stream Credits
Wetland Credits
Buffer I & II
CU
(linear feet)
(acres)
(Sq. Ft.)
Cold
Cool
Warm Riparian
Non -Riparian
Coastal Marsh
Catawba
0
0
237 0.45
0
0
0
03050103
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
toll- Director
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Alan Johnson, DWQ-Mooresville
Len Rindner, ag
e
R"torrct� ,�c�... ... P�oteOar Stat
jAplAx
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
October 21, 2014
Mr. Dan Ashworth
Kimley-Horn and Associates, Inc.
2 Sun Court, Suite 450
Peachtree Corners, Georgia 30092
Dear Mr. Ashworth:
Subject: Federally Endangered and Threatened Species Assessment, Moody Lake Driving
Range, near Arrowood Road and Interstate 485, Charlotte, Mecklenburg County, North
Carolina
On September 23, 2015, the U.S. Fish and Wildlife Service (Service) received your letter
requesting comments regarding potential project -related impacts to the northern long-eared bat
(Myotis septentrionalis). A previous Nationwide Permit (SAW -2009-01479) was issued for this
site in 2009, authorizing impacts to 160 linear feet of stream, 0.27 acre of wetland, and 0.2 acre
of open water. Your correspondence provided us with a brief project description, a site map, and
a site evaluation report from the North Carolina Natural Heritage Program. We have reviewed
the information presented and are providing the following comments in accordance with the
provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the
National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
The project is located on a portion of a 78 -acre property southwest of downtown Charlotte.
Preliminary plans for the proposed commercial driving range project would include impacts to
295 linear feet of an unnamed tributary to Coffey Creek and impacts to approximately 0.3 acre of
wetland. The proposed project would require tree clearing on approximately 10 acres in the
northwestern portion of the tract. The project site is dominated by forested lands, and forested
lands in the vicinity are fragmented by development.
Federally Listed Endangered and Threatened Species
Potential suitable summer maternity roosting habitat for the northern long-eared bat may be
present on the site. However, you maintain that there is equivalent to higher -quality,
nonfragmented roosting habitat in surrounding properties. Moreover, the Service has no record

of suitable habitat for the northern long-eared bat at the project site, and the nearest capture
location is approximately 50 miles northwest of the proposed project. For these reasons, and
because the probability of "take" that could occur from this project is insignificant and/or
discountable, we concur with your "may affect, not likely to adversely affect" determination for
the northern long-eared bat. We still strongly recommend that the tree -cutting moratorium of
May 15 -August 15 be incorporated into development plans. While our "not likely to adversely
affect" determination is not dependent on this action, the cutting moratorium is a measure that
can be implemented to further reduce the probability of "take" of this species.
The project site contains fields, roadsides, and open woodland areas, all of which are suitable
habitat for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii).
According to our records, the nearest occurrence of this species is less than 5 miles away from
the site. The Schweinitz's sunflower occurs in relatively open habitats—road, power -line, and
other maintained rights-of-way; early successional fields; forest ecotonal margins; forest
clearings; etc. It thrives in full sun but also grows in the light shade of open stands of
oak -pine -hickory. This species generally occurs on soils characterized as moist to dryish clays,
clay-loams, or sandy -clay loams that often have high gravel content. The species is known from
a variety of soil types, including Iredell (Fine, Montmorillonitic, Thermic Typic Hapluduff),
Enon (Fine, Mixed, Thermic Ultic Hapludalf), and Cecil (Clayey, Kaolinitic, Thermic Typic
Hapludult). Iredell and Cecil loams compose approximately 10 acres of the soil composition at
the site, and Mecklenburg fine sandy loams compose over 50 acres.
Although Kimley-Horn staff investigated the project area, your letter did not indicate whether
surveys have been conducted for rare plant species within the project impact area. Unless an
area has been specifically surveyed for this listed species or no appropriate habitat exists, a
survey should be conducted to ensure that this species is not inadvertently lost. The Schweinitz's
sunflower is difficult to identify and is even more challenging to identify outside of the flowering
season (late August to October). Therefore, we recommend that surveys for this species be
conducted during this period. Enclosed is a list of federally endangered and threatened species
and federal species of concern for Mecklenburg County. In accordance with the Act, it is the
responsibility of the appropriate federal agency or its designated representative to review its
activities or programs and to identify any such activities or programs that may affect endangered
or threatened species or their habitats. If it is determined that the proposed activity may
adversely affect any species federally listed as endangered or threatened, formal consultation
with this office must be initiated.,
In the interest of protecting fish and wildlife resources and their habitats, the Service provides the
following management recommendations:
Riparian and Wetland Buffers
One of the most important and effective measures that can be taken to protect the health of
aquatic resources is the preservation of riparian buffers. Wide, contiguous riparian buffers have
greater and more flexible potential than other options to maintain biological integrity) and can
1R. Horner, C. May, E. Livingston, and J. Maxted. 1999. Impervious Cover, Aquatic Community Health, and
Storm Water BMPs: Is There a Relationship? In: Proceedings of the Sixth Biennial Storm Water Research and
Watershed Management Conference. Southwest Florida Water Management District, Tampa, FL.
2

ameliorate many ecological issues related to land use and environmental quality.2 Since habitat
for aquatic resources occurs along the project site, we recommend that forested riparian buffers
be preserved and/or restored. Natural, forested riparian buffers are critical to the health of
aquatic ecosystems. The Service generally recommends that forested riparian buffers (a
minimum of 50 feet wide along intermittent streams and 100 feet wide along perennial streams
[or the full extent of the 100 -year floodplain, whichever is greater]) should be created and/or
maintained along all aquatic areas.
Erosion Control and Wetland/Stream Protection
The Service recommends implementing measures to control sediment and erosion before any
ground -disturbing activities occur. Grading and backfilling should be minimized, and existing
vegetation should be retained (if possible) in order to maintain shoreline cover for fish and
wildlife and to prevent erosion. Disturbed areas should be revegetated with native grass and tree
species as soon as the project is completed. Biodegradable erosion -control matting should be
used in conjunction with appropriate seeding on disturbed soils in steep -slope and riparian areas.
Matting should be secured in place with staples; stakes; or, wherever possible, live stakes of
native trees.
Invasive Exotic Species
Invasive plants occur on the site. The Service is concerned that without active management,
including the revegetation of disturbed areas with native species, the project area may become a
source for the movement of invasive exotic plant species. Exotic species are a major contributor
to species depletion and extinction, second only to habitat loss. Exotics are a factor contributing
to the endangered or threatened status of more than 40 percent of the animals and plants on the
Federal List of Endangered and Threatened Wildlife and Plants.' It is estimated that at least
4,000 exotic plant species and 2,300 exotic animal species are now established in the United
States, costing more than $130 billion a year to control .4 Additionally, the U.S. Government has
many programs and laws in place to combat invasive species (see www.invasivespecies.gov) and
thus cannot spend money to counter these efforts. Specifically, Section 2(a)(3) of Executive
Order 13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize,
fund, or carry out actions that it believes are likely to cause or promote the introduction or spread
of invasive species in the United States or elsewhere." Despite their short-term erosion -control
benefits, many exotic species used in soil -stabilization seed mixes are persistent once they are
established, thereby preventing the reestablishment of native vegetation. Many of these exotic
plants are also aggressive invaders of nearby natural areas, where they are capable of displacing
already -established native species. Therefore, we strongly recommend that only native plant
species be used in association with all aspects of this project.
2R. J. Naiman, H. DeCamps, and M. Pollock. 1993. The role of riparian corridors in maintaining regional
biodiversity. Ecol. Appl. 3:209-212.
3D. S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species
in the United States. Bioscience 48:607-615.
4D. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. Bioscience 50:53-65.
5 Lists of invasive exotic plants can be found at http://www.wildflower.org/plant_galleries/invasives_list.
3

Lastly, the Service recommends contacting the North Carolina Wildlife Resources Commission
concerning potential impacts to state -protected species if you have not already done so.
The Service appreciates the opportunity to provide these comments. If we can be of assistance
or if you have any questions, please contact Mr. Byron Hamstead of our staff at 828/258-3939,
Ext. 225. In any future correspondence concerning this project, please reference our Log
Number 4-2-15-547.
Sincerely,
J net A. Mizzi
ield Supervisor
Enclosure
Electronic copy to:
Mr. William Elliott, Asheville Regulatory Field Office, U.S. Army Corps of Engineers,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006
Mr. Chris Tinklenberg, Kimley-Horn and Associates, Inc., 2 Sun Court, Suite 450, Peachtree
Corners, GA 30092
El

Mecklenburg County Endangered Species, Threatened Species,Federal Species of Concern, and Candida... Page 1 of 2
Endangered Species, Threatened Species,Federal Species of Concern,
and Candidate Species,
Mecklenburg County, North Carolina
Updated: 4-2-2015
Common Name
Scientific name
Federal
Record Status
Status
Vertebrate:
American eel
Anguilla rostrata
FSC
Current
Bald eagle
Haliaeetus leucocephalus
BGPA
Current
Carolina darter
Etheostoma collis collis
FSC
Current
Northern long-eared bat
Myotis septentrionalis
T
Probable/Potential
Invertebrate:
Carolina creekshell
Villosa vaughaniana
FSC
Current
Carolina heelsplitter
Lasmigona decorata
E
Current
Vascular Plant:
Dwarf aster
Eurybia mirabilis
FSC
Current
Georgia aster
Symphyotrichum georgianum
C
Current
Michaux's sumac
Rhus michauxii
E
Current
Prairie birdsfoot-trefoil
Lotus unifoliolatus var. helleri
FSC
Current
Schweinitz's sunflower
Helianthus schweinitzii
E
Current
Shoals spiderlily
Hymenocallis coronaria
FSC
Probable/potential
Smooth coneflower
Echinacea laevigata
E
Current
Tall larkspur
Delphinium exaltatum
FSC
Historic
Nonvascular Plant:
Lichen:
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant
portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support
http://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 10/21/2015

Mecklenburg County Endangered Species, Threatened Species,Federal Species of Concern, and Candida... Page 2 of 2
listing. (Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act.
In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define
Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are
under consideration for listing or for which there is insufficient information to support listing at this time. Subsumed
under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in
Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with
another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or
threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for
consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-
listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After
delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law
protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of
"take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide
guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information,
visit http://www.fws.gov/migratorybirds/baldea lg e.htm
Threatened due to similarity of appearance(T(S/A)):
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York
south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was
listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and
interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has
no effect on land management activities by private landowners in North Carolina, part of the southern population of
the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern
population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known records
(in adjacent counties), the presence of potentially suitable habitat, or both.
http://www.fws.gov/raleigh/species/cntylist/mecklenburg.html 10/21/2015

Tinklenberg, Chris
From: Hamstead, Byron <[e-mail]>
Sent: Friday, November 06, 2015 10:21 AM
To: Ashworth, Dan
Cc: Tinklenberg, Chris
Subject: Re: USFWS response; Moody Lake Driving range, Mecklenburg Co, NC
Hi Dan and Chris,
The Service appreciates your consideration for our concerns for potential impacts to Schweinitz's sunflower
(Helianthus schweinitzii). By email sent November 3, 2015, and telephone conversation held
November 6, 2015, you indicated that your staff completed surveys for this species following on
October 29, 2015 and did not find any evidence for this species on site. Therefore, we believe the
requirements under section 7(c) of the Endangered Species Act are fulfilled for this species. Pleas be
aware that obligations under section 7 of the Endangered Species Act must be reconsidered
if: (1) new information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a manner
that was not considered in this review, or (3) a new species is listed or critical habitat is determined
that may be affected by the identified action.
Thanks again for your consideration for our concerns. Please contact me if you have any questions
regarding this project and reference the following project number: 4-2-15-547.
Regards,
Byron
Byron Hamstead
Fish and Wildlife Biologist
USFWS Asheville Field Office
160 Zillicoa St., Suite B
Asheville, NC, 28801
828-258-3939 ext. 225
This email correspondence an any attachments to and from this sender is subject to the Freedom of Information
Act and may be disclosed to third parties.
On Tue, Nov 3, 2015 at 11:01 AM, <dan.ashworth(acr�,kimley-horn.com> wrote:
Good morning Mr. Hamstead,
Thank you for your response. Last week, Chris Tinklenberg, PWS visited the site in question to identify
potential protected species. No protected species- including the Schweintz's sunflower (Helianthus
schweinitzii)- were observed. What information is needed to revise your coordination letter dated October 27,
2015?

Thank you,
Dan Ashworth
[http://www.kimley-
horn.com/communication/signature/KimleyHom—LG_LOGO_RGB_PRIMARY_96dpi. jpg]<http://www.kimle
y-hom.com/>
Dan Ashworth
Kimley-Horn 12 Sun Court Suite 450, Peachtree Corners, GA 30092
Direct: 678-502-1883 1 Main: 770-825-0744
Celebrating eight years as one of FORTUNE magazine's 100 Best Companies to Work For
From: Hamstead, Byron [mailto:b3ion hamsteadgfws.gov]
Sent: Tuesday, October 27, 2015 4:46 PM
To: Ashworth, Dan <dan.ashworthkkimley-horn.com>
Cc: Tinklenberg, Chris <Chris. Tinklenbergkkimley-horn.com>; William. A.Elliott(a_�usace.army.mil
Subject: USFWS response; Moody Lake Driving range, Mecklenburg Co, NC
Mr. Ashworth,
Attached is the Service's response to the project referenced above. Please contact me with any questions you
may have.
Regards,
Byron
Byron Hamstead
Fish and Wildlife Biologist
USFWS Asheville Field Office
160 Zillicoa St., Suite B
Asheville, NC, 28801
828-258-3939 ext. 225
This email correspondence an any attachments to and from this sender is subject to the Freedom of Information
Act and may be disclosed to third parties.

DEN
North Carolina Department of Environment and Natural Resources
Office of Land and Water Stewardship
Pat Mc Gory Egan Gee
Governor Dimmr
August 21, 2015
Chris Tinklenberg
Kimley-Horn
200 South Tryon St.
Charlotte, NC 28202
[e-mail]
RE: Moody Lake Development
Dear Chris Tinklenberg:
Dor-ald R. van der Vaart
Secretary
NCNHDE-626
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources from our database that have been compiled for the project referenced
above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, or conservation/managed areas within the proposed project boundary submitted
with your request for information. These results are presented in the attached `Documented Occurrences'
table and map.
Also attached is a table summarizing rare species and natural communities that have been documented
within a one -mile radius of the project boundary. The proximity of these records suggests that these natural
heritage elements may potentially be present in the project area if suitable habitat exists and is included for
reference. In the event that rare species are found within the project area, please contact the NCNHP so that
we may update our records. Tables of natural areas and conservation/managed area within a one -mile
radius, if any, are also included in this report.
Please note that natural heritage element data are maintained for the purposes of conservation planning,
project review, and scientific research, and are not intended for use as the primary criteria for regulatory
decisions. Information provided by the NCNHP database may not be published without prior written
notification to the NCNHP, and the NCNHP must be credited as an information source in these publications.
Maps of NC Natural Heritage Program data may not be redistributed without permission from the NCNHP.
Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence
if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), or an occurrence of a Federally -
listed species is documented within or near the project area.
Thank you for your inquiry. If you have questions regarding the information provided in this letter or need
additional assistance, please contact Allison Schwarz Weakley at all ison.weakley aancdenr.gov or
919.707.8629.
Sincerely,
NC Natural Heritage Program
Page 1 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Moody Lake Development
August 21, 2015
NCNHDE-626
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Status
Vascular Plant 4103 Acmispon helleri Carolina Birdfoot-trefoil 1994-05-31 Current 3 -Medium Species of Special G3 S3
Concern Concern
Vulnerable
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on August 21, 2015; source: NCNHP, Q3 July 2015. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Moody Lake Development
August 21, 2015
NCNHDE-626
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID
Scientific Name
Common Name
Last
Element
Group
Observation
Occurrence
Date
Status
Natural
18063
Mixed Moisture Hardpan ---
2010
Current
Community
Forest
Natural
11894
Upland Depression
---
2003-09-16
Current
Community
Swamp Forest
Vascular Plant
4103
Acmispon helleri
Carolina Birdfoot-trefoil
1994-05-31
Current
Vascular Plant
13743
Delphinium exaltatum
Tall Larkspur
1800S
Historical
Vascular Plant
23967
Ilex longipes
Georgia Holly
2003-08-17
Current
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating
Whitehall Nature Preserve R1 (Exceptional)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner
Catawba Lands Conservancy Preserve Catawba Lands Conservancy
Mecklenburg County Open Space Mecklenburg County
Mecklenburg County Open Space Mecklenburg County
Mecklenburg County Open Space Mecklenburg County
Mecklenburg County Open Space Mecklenburg County
Mecklenburg County Open Space Mecklenburg County
Whitehall Nature Preserve Mecklenburg County
NC Department of Transportation Mitigation Site NC Department of Transportation
Accuracy Federal
Status
6 -Unknow ---
n
6 -Unknow ---
n
3 -Medium Species of
Concern
5 -Very Species of
Low Concern
2 -High ---
Collective Rating
C4 (Moderate)
Owner Type
Private
Local Government
Local Government
Local Government
Local Government
Local Government
Local Government
State
State Global State
Status Rank Rank
--- G2? S2
--- G2G3 S2S3
Special G3 S3
Concern
Vulnerable
Endangered G3 S2
Significantly G5 S1
Rare Peripheral
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on August 21, 2015; source: NCNHP, Q3 July 2015. Please resubmit your
information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

l
ri.��c Dr
NCNHDE-626: Moody Lake Development
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August 21, 2015
Project Boundary _1 Managed Area (MAREA)
Buffered Project Boundary
E] NHP Natural Area (NHNA)
Page 4 of 4
1:25,407
0 0.2 0.4 0.8 mi
00,35 0.7 1.4 km
Sources: Esri, HERE, DeLorme, intermap, increment P Corp., GEBCO,
USG S, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey,

0� w A T�� Michael F. Easley, Governor
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
American Asset Corporation
Attn: Barry James
3700 Arco Corporate Drive, Ste 350
Charlotte, NC 28273
Subject Property: Moody Lake Office Park at Whitehall
UT to Coffey Creek [030834, 11-137-4, C]
REQUEST FOR MORE INFORMATION: STORMWATER MANAGEMENT PLAN
Dear Mr. James:
On July 25, 2006, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification to
impact to fill 0.29 acre of wetland and 160 linear feet of an unnamed tributary to Coffey Creek in order to
construct the Moody Lake Office Park in Mecklenburg County as described in your application received
by the DWQ on July 10, 2006.
In order to meet Condition 6 of the 401 Certification for this project, a stormwater management plan was
received by the DWQ on July 12, 2007. A revised stormwater management plan, dated December 4,
2007, was received by the DWQ on December 19, 2007. This revised stormwater management plan has
been reviewed and satisfies the stormwater management conditions of the 401 Water Quality
Certification.
The structural stormwater practices as approved by DWQ as well as drainage patterns must be maintained
in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the DWQ. Stormwater easements shall be recorded for a distance of at least 10 feet on
each side of all storm water conveyances on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform
corrective actions as described above and shall provide protection of the structures from potential
alternations by future property owners.
This letter completes the review of the DWQ under Section 401 of the Clean Water Act. If you have any
questions, please contact me at 919-715-3425.
Sincerely,
Annette Lucas, Environmental Engineer III
401 Oversight/Express Review Permitting Unit
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htt ://li2o en r. state__ lie. uS%newetia all
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
(�
=
Coleen H. Sullins, Director
Division of Water Quality
January 17, 2008
DWQ Project # 06-1122
Mecklenburg County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
American Asset Corporation
Attn: Barry James
3700 Arco Corporate Drive, Ste 350
Charlotte, NC 28273
Subject Property: Moody Lake Office Park at Whitehall
UT to Coffey Creek [030834, 11-137-4, C]
REQUEST FOR MORE INFORMATION: STORMWATER MANAGEMENT PLAN
Dear Mr. James:
On July 25, 2006, the Division of Water Quality (DWQ) issued a 401 Water Quality Certification to
impact to fill 0.29 acre of wetland and 160 linear feet of an unnamed tributary to Coffey Creek in order to
construct the Moody Lake Office Park in Mecklenburg County as described in your application received
by the DWQ on July 10, 2006.
In order to meet Condition 6 of the 401 Certification for this project, a stormwater management plan was
received by the DWQ on July 12, 2007. A revised stormwater management plan, dated December 4,
2007, was received by the DWQ on December 19, 2007. This revised stormwater management plan has
been reviewed and satisfies the stormwater management conditions of the 401 Water Quality
Certification.
The structural stormwater practices as approved by DWQ as well as drainage patterns must be maintained
in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the DWQ. Stormwater easements shall be recorded for a distance of at least 10 feet on
each side of all storm water conveyances on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform
corrective actions as described above and shall provide protection of the structures from potential
alternations by future property owners.
This letter completes the review of the DWQ under Section 401 of the Clean Water Act. If you have any
questions, please contact me at 919-715-3425.
Sincerely,
Annette Lucas, Environmental Engineer III
401 Oversight/Express Review Permitting Unit
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htt ://li2o en r. state__ lie. uS%newetia all
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally

2
DAMES & MOORE - N.C.
A NORTH CAROLINA GENERAL PARTNERSHIP
5301 77 CENTER DRIVE. SUITE 41. CHARLOTTE. NORTH CAROLINA =S_17
(70.) 522-0330 FAX: [phone]
February 3, 1995
State of North Carolina
Department of Environment, Health, and
Natural Resources
PO Box 29535
Raleigh, NC 27626
Attention: Mr. John R. Dorney
Re: Whitehall Ltd Project
DEM #94604
Mecklenburg Countv
Dear Mr. Dorney:
In response to your letter dated January 20, 1995, regarding the Whitehall Limited
Partnership's, ("Whitehall's") proposal for conditions to meet 401 Water Quality Certification
for the Whitehall Development Project, I have revised Item 7 of the "Proposed water quality
assurance measures & stormwater runoff controls".
In an attempt to alleviate your concerns over the wooded wetlands impacts to the areas
around Moody Lake, Whitehall is committed to constructing forebays in Moody Lake which will
not adversely impact the wooded wetlands adjacent to Moody Lake. Whitehall proposes
constructing the forebays in locations in Moody Lake which are downstream from the wetlands
as indicated in Figure 2 of Whitehall's revised proposal.
If I can be of further assistance please call me at [phone].
Sincerely,
Des & MOORE - N.C.
ca�'Ja oo,1442z,-
Paul D. Christiano, P.E.
Project Engineer
PDC/jjh
cc: Ms. Jill B. Hickey
Mr. James E. Merrifield
Mr. Richard C. Gaskins
Ms. Virginia C. McGee

WHITEHALL PROJECT
REVISED PROPOSED WATER QUALITY ASSURANCE MEASURES &
STORMWATER RUNOFF CONTROLS
February 3, 1995
Whitehall Limited Partnership ("Whitehall") submits this proposal for Section 401
certification for Project #94604, the Whitehall Development Project (the "Project"). This
proposal addresses control of stormwater runoff for the Project and protection of the water
quality of Johnston Lake and Moody Lake. There will be approximately 97 acres of
impervious surface (75% of 130 acres), that will drain to Moody Lake and approximately 100
acres of impervious surface (75% of 133 acres) that will drain to Johnston Lake associated with
the Whitehall project.
As summarized below, Whitehall proposes using a combination of measures to control
stormwater runoff from these areas including forebays, wet detention basins, dry sediment
basins, checkdams, dry stormwater detention basins, buffer areas and wetlands. These
measures will protect the water quality of Johnston Lake and Moody Lake by removing
suspended solids, nutrients and other pollutants, reducing the water velocity of stormwater
runoff, reducing peak runoff rates, and controlling downstream erosion. Additionally,
Whitehall recognizes that some areas of the Project do not drain naturally into Johnston Lake
or Moody Lake. Whitehall proposes using wet detention basins for these areas.
The specific measures for stormwater runoff control and protection of water quality are
as follows:
1. Each tract of land sold on this property will have a sediment trap, installed by
the buyer. Each trap will be sized with a volume of 1,800 cubic feet for each acre of disturbed
land. and maintained in accordance with the North Carolina Erosion and Sediment Control.

Planning and Design Manual, dated May 1994, as -referenced in Section 1.5 of the Charlotte -
Mecklenburg Stormwater Design Manual, dated July 8, 1993. A sediment trap will protect the
water quality of Johnston Lake and Moody Lake by collecting suspended solids and nutrients
and reducing flow rates and velocity of stormwater runoff. Sediment traps will be maintained
until each respective tract of land is stabilized with vegetation or other means.
2. A rip -rap checkdam will be placed on the downstream side of each stormwater
culvert installed under the proposed I-485 Outer Loop. The rip -rap checkdams will be sized
to reduce stormwater velocity to below the erosive velocity of the downstream channel system
in accordance with Section 8.3.1 of the Charlotte -Mecklenburg Stormwater Design Manual.
Checkdams constructed with rip -rap will also be placed along other defined drainage features
which drain.into either lake. The checkdams will protect the water quality of Johnston Lake
and Moody Lake by slowing the velocity of stormwater which will cause suspended solids and
nutrients to settle before they reach the lakes.
3. Each tract of land on the South side of proposed 1-485 will contain a dry
stormwater detention basin, installed by the property buyer. Each basin will be sized in
accordance with the standards set out in the Charlotte -Mecklenburg Stormwater Design Manual
at Section 7.3.2, such that the 10 -year peak, post -development runoff rate will not exceed the
10 -year peak, pre -development runoff rate (Q,o post -dr. < Q10 pre-aev.)• These basins will protect
the water quality of both Johnston Lake and Moody Lake by collecting sediments and nutrients
before they reach the lakes, and controlling the flow rate of stormwater runoff from peak storm
events.
4. Each lake and adjacent wetland area will be surrounded by a 25 -foot
development buffer. Development in these areas will be limited to low impact activities

t• . I
including, but not limited to, pedestrian circulation, lake access and docks. No building or
parking will be allowed in designated buffer areas. The buffer will protect the water quality
of Johnston Lake and Moody Lake by trapping sediment and controlling erosion.
5. Water quality in each lake will be protected by a combination of wetland systems
and forebays. Stormwater will flow through checkdams, into the wetland system, then into a
forebay, and finally into each lake. Johnston Lake will have one forebay, and Moody Lake
will have two forebays. Stormwater flow into each system will be slowed by checkdams to
a velocity that will not be detrimental to the wetland systems receiving the runoff. The runoff
will then flow into each respective forebay, and then into the lake. The forebays are proposed
to be placed downstream of the wetland systems because of physical limitations created by the
proposed I-485 outer loop right-of-way, especially in the case of Moody Lake. Placing the
forebays downstream of the wetland systems allows more flexibility in sizing the forebay,
without detracting from the visual size of each lake.
6. In Johnston Lake, the forebay is approximately 21% in size of the total surface
area of the lake. The forebay will consist of a biofilter, submerged dam and littoral shelf. The
biofilter will consist of a permanent water pool maintained at the same elevation as the lake,
and temporary stormwater storage above the permanent pool. The littoral zone or aquatic
bench will be planted with native aquatic plants. The biofilter will be a combination of a
sedimentation sump and wetland area which are designed to improve the water quality of
Johnston Lake by trapping sediment and absorbing nutrients. These biofilters will also help
manage the "first flush" of runoff during a storm event which usually has a higher
concentration of pollutants from impervious surfaces. The biofilter and littoral shelf will serve
ki

as protection and a buffer of the receiving waters of Johnston -Lake. The forebay for Johnston
Lake is shown on Figure 1.
7. In Moody Lake, the two forebays will be approximately 20% of the total surface
area of the lake. The forebays will be constructed by placing submerged dams across the
fingers of the lake. The approximate locations of the forebays are shown on Figure 2. The
forebays will be constructed downstream of the wetland systems, such that the proposed area
for each forebay can be achieved with out adversely impacting the existing wetland systems.
Each forebay will protect the water quality of the lake by acting as a sediment sump which will
trap sediment and nutrients before they reach the lake.
8. Johnston Lake, Moody Lake and the wetlands areas will be maintained by a
property owners' association, which will be established at the time of the sale of the tracts
containing Johnston Lake and Moody Lake. Purchasers will be required through covenants,
conditions, and restrictions on the land to support the property owners' association activities.
9. Wet detention basins will be used to control stormwater runoff on areas that do
not drain to either Johnston Lake or Moody Lake.
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 8, 1995
Mr. Paul Christiano
Project Engineer
Dames and Moore - N.C.
530177 Center Drive
Suite 44
Charlotte, N.C. 28217
Dear Mr. Christiano:
Re: Whitehall Development
DEM # 94604
Mecklenburg County
FnrEB 13 1995
The stormwater measures outlined in your 3 February 1995 letter are acceptable to the
Division of Environmental Management in order to comply with our 401 Water Quality
Certification issued on 15 September 1994. All other conditions of that Certification are still
applicable.
Thank you for your efforts to work with DEM to develop a viable storrnwater plan to
protect water quality from impacts associated with this development. Please call Mr. John
Dorney of my staff at 919-733-1786 if you have any questions.
Sincerely,
P.stonH'oward, Jr. .E.
92604.mit
cc: Mooresville DEM Regional Office
Central Files
Asheville Field Office COE
Len Rindner
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
• ,'_..�. /���-J. ... 1.. Ali.'..... ..J:. ... A-1.-- r�_i _..__ f.VY-__.._i_ J, .,YY __1 ____..__.�-�-.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2009-01479 County: Mecklenbur¢ USGS Quad: Charlotte West
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: American Asset Corporation, Att'n: Barry James
Address: 3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Moody Lake Office Park
located on a 92.587 acre tract at the intersection of I-485 and Arrowood Road: in Charlotte
Description of projects area and activity: This permit authorizes impacts to 160 LF of a UT-Coffe
Creek. 0.27 acre of wetlands, and 0.2 acre of open water for the purpose of constructing road
crossings to provide access for the above referenced development. This permit replaces a previous
permit issued for the project under Action ID. SAW -200640061 on 9/11/06. The previous permit
has expired. Compensatory mitigation for stream and wetland impacts has already been
accomplished through payment to the NCEEP (receipt dated 3/12/07).
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: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached 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 twelve months of the date of the nationwide permit'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 (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army 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 Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: August 28, 2009
Expiration Date of Verification: August 28, 2011

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 customer Satisfaction Survey or visit
httn://www.saw.usace.army.mil/WETLANDS/index.htm] to complete the survey online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. M There are waters of the US and/or wetlands within the above described project area 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued — Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Coffey Creek which flows into the Catawba River and
ultimately flows to the Atlantic Ocean through the Coffey Creek>Sugar Creek>Catawba River system which is a
Section 10 navigable -in -fact waterway at Lake Wylie.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Issue Date: Aueust 28, 2009
Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished: Mr. Leonard S. Rindner

Permit Number: SAW -2009-01479
Permit Type: NW39
Name of County: Mecklenburg
Name of Permittee: American Asset Corporation, Att'n: Barry James
Date of Issuance: August 28, 2009
Project Manager: Steve Chapin
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Arany
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: American Asset Corporation,
File Number: SAW-2009-
Date: August 28, 2009
Att'n: Barry James
01479
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
ernission)
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
X APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/ceewo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps. of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION lI - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process
appeal process you may contact:
you may also contact:
Steve Chapin, Project Manager
Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office
Administrative Appeal Review Officer
151 Patton Ave, Room 208
CESAD-ET-CO-R
Asheville, NC 28806
U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801

ern
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
Subject: Moody Lake Office Park
Division of Water Quality
Coleen H. Sullins
Director
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. James:
Dee Freeman
Secretary
August 18, 2009
DWQ# 06-1122V2
Mecklenburg County
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.29
acre of wetland and impact 160 linear feet (If) of an unnamed tributary to Coffey Creek in order to construct the
Moody Lake Office Park in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on August 4, 2009. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3705, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any
other federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. For those areas not draining to Moody Lake, a final written storm water management plan shall be
approved, in writing, by this Office prior to the construction of any permanent facilities at the site. The
storm water facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality. Also, before any permanent building is occupied at the site, the
facilities (as approved by this Office or delegated authority) shall be constructed and operational, and the
storm water management plan shall be implemented. The structural storm water practices as well as
drainage patterns must be maintained in perpetuity. No changes to the structural storm water facilities
shall be made without written authorization from the approving authority.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 N�orthCarofiina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ;Vaturallbl
Internet: www.ncwaterguality.orq
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

3. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
4. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below locations of each culvert. If any of the
existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re -installed correctly.
5. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
6. We understand that payment has been made to the Ecosystem Enhancement Program (EEP) in order to
compensate for the impacts to the streams and wetland. In accordance with 15A NCAC 2R.0402 and 15A
NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC
2H .0506(h) and 15A NCAC 2B .0233(10). If not, the impacts at the site shall not occur and you have one
month from the date of this Certification to make this payment. For accounting purposes, this Certification
authorizes the fill of 0.29 acre of wetland and impact to 160 linear feet of perennial streams in the Catawba
River Basin (Cataloging Unit 03050103). Mitigation is required for 0.29 acre of wetland and 160 linear feet of
stream. Please be aware that the EEP rules require rounding of stream impacts to the nearest foot and
wetland impacts to the nearest quarter acre (15A NCAC 2R .0503(b)).
7. The planting of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the streambed, unless approved by the DWQ.
8. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application.
9. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
11. Continuing Compliance. The applicant (American Asset Corporation) shall conduct all activities in a manner
so as not to contravene any state water quality standard (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a designated
or achieved use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to the applicant in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner

\ot0F w A t FgQG
r
Mr. Barry James
American Asset Corporation
3800 Arco Corporate Drive, Suite 200
Charlotte, NC 28273
Subject: Moody Lake Office Park
Michael F. Easley. Governor
William G. Ross.lr.. Secretary
North Carolina Depanment of Environment and Natural Resources
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. James:
Alan W. Klimek. P.E. Director
Division of Witter Qualiry
July 25, 2006
DWQ# 06-1122
Mecklenburg County
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.29
acre of wetland and impact 160 linear feet (If) of an unnamed tributary to Coffey Creek in order to construct the
Moody Lake Office Park in Mecklenburg County, as described in your application received by the Division of
Water Quality (DWQ) on July 10, 2006. After reviewing your application, we have determined that this project
is covered by Water Quality General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number
39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
4. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to the streams and wetland. In accordance with 15A NCAC 2R .0402 and 15A
NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC
2H .0506(h) and 15A NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to:
North Carolina
)aturally
North Carolina Division or Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 26115 Phone [phone] Customer Service
Internet navalerqualily.org FAX [phone] I-877-623-6748
An Equal Dppodunily/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

DENR — Ecosystem Enhancement Program), the impacts shall not occur. The In -Lieu -Of Fee Coordinator
should be contacted at [phone] if you have any questions concerning the EEP. You have one month
from the date of this Certification to make this payment. For accounting purposes, this Certification
authorizes the fill of 0.29 acre of wetland and impact to 160 linear feet of perennial streams in the Catawba
River Basin (Cataloging Unit 03050103). Mitigation is required for 0.29 acre of wetland and 237 linear feet of
stream. Please be aware that the EEP rules require rounding of stream impacts to the nearest foot and
wetland impacts to the nearest quarter acre (15A NCAC 213 .0503(b)).
5. The planting of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the streambed, unless approved by the DWQ.
6. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
7. For those areas not draining to Moody Lake, a final written storm water management plan shall be
approved, in writing, by this Office prior to the construction of any permanent facilities at the site. The
storm water facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality. Also, before any permanent building is occupied at the site, the
facilities (as approved by this Office) shall be constructed and operational, and the storm water
management plan (as approved by this Office) shall be implemented. The structural storm water practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to
the structural storm water facilities shall be made without written authorization from the Division of Water
Quality.
8. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
9. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
11. Continuing Compliance. The applicant (American Asset Corporation) shall conduct all activities in a manner
so as not to contravene any state water quality standard (including any requirements for compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a designated
or achieved use) or that state or federal law is being violated, or that further conditions are necessary to
assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P.E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Len Rindner