20072082 Ver 3_401 Application_20151215

Gavel & Dorn Engineering, PLLC
•
December 16, 2015
NC DWQ, 401 /Wetlands Unit
1617 Mail Service Center
Raleigh NC 27699-1617
Re: The Willows — University (Highway 29 Property/Arwen Vista Apartm
Mecklenburg County DEC 2 1 2015
Reapplication for Section 404 Permit (Action ID# SAW -2007-01175- 0
To Whom It May Concern,
On behalf of Mr. Dave Ransenberg of Gateway Communities, LLC, Gavel & Dom Engineering,
PLLC (G&D) respectfully submitting the required application and paperwork for reissuing of
necessary permits from the North Carolina Department of Water Quality (DWQ) for stream
impacts related to construction of the Highway 29 Property/Arwen Vista Apartments (now known
as The Willows - University). Gateway Communities is requesting reissuance of a 401 Water
Quality Certification permit as allowed by General Certification 3705 for the stream impacts
required to construct Phase 2 of the project.
The Willows - University has previously been issued a 401 Water Quality Certification in 2008
(DWQ# 07-2082) and reissued in 2012 (DWQ# 07-2082 V2). The 401 Certification was
originally issued to Mr. Dave Ransenberg of Gateway Communities, LLC on January 31, 2008
and then reissued on November 1, 2012. The permit issued at that time allowed for impacts of
approximately 290 If of unnamed tributaries to Mallard Creek for the purpose of constructing
three stream crossings to serve the 45 acre development. At the time of permit issuance, Mr.
Ransenberg paid a mitigation fee for 290 linear feet of impacts to the North Carolina Ecosystem
Enhancement (NCEEP) program in the amount of $71,050 as required per NC Section 401 Water
Quality Certifications and Section 404 permits requirements (SAW -2007-01175-360).
At the time that construction of the project began in 2008, the entire 45 acre project was intended
to be built in one phase. But permitting requirements of the City of Charlotte necessitated the
division of the project into two separate phases. Phase 2 was put on hold until these issues were
worked out. By the time the permit issues had been addressed, the economic downturn had taken
place and Gateway Communities was no longer able to obtain the necessary financing to
complete phase 2. Since that time, the phase 2 property has remained untouched in a forested
state. Phase 2 was reissued a permit in 2012, however, the project was postponed, and the 2012
permits have since expired. Gateway plans on proceeding with the project in the near future and
requests that DWQ reissue the 401 Water Quality Certification at this time.
The initial 401 Water Quality Certification issued by DWQ (DWQ# 07-2082) on January 31,
2008 and reissued on November 1, 2012 (DWQ# 07-2082 V2) permitted the impact of 290 linear

December 16, 2015 Page 2
feet of stream. The total stream impacts were based on the three stream crossings required for the
entire 45 acre project construction. The Phase 1 construction required only one 96 liner foot
stream crossing to be completed. This crossing was completed while the original permit was in
effect and was not an `after the fact'. impact. The remaining two crossings were not constructed
but will be completed in phase 2. No changes in the location or length of crossings are proposed
by the Phase 2 construction plans. Gateway desires to complete these crossings, which have
already been mitigated, under the reissued permit.
In addition to the mitigation payment, Gateway Communities phase 1 construction complied with
all Section 404 and 401 water quality certification requirements including construction of (2)
water quality BMP wet ponds to treat and detain stormwater from Phase 1. Phase 2 plans will
comply with the same 404 and 401 permit requirements. Phase 2 will include construction of a
wet pond BMP and san filter BMP as shown on the attached Stormwater Management plan. The
City of Charlotte will be responsible for review of this stormwater management plan. Approval
from the City of Charlotte has not been obtained at this time. Mr. Ransenberg requests that
conditional approval be given until such time that approval is given.
G&D has enclosed the following supplemental information to assist your Office in evaluation of
the 401 Water Quality Certification request:
• (5) Pre -construction Notification (PCN) Applications;
• (1) $570.00 Check made payable to NC Division of Water Quality;
• (5) Vicinity Map
• (5) USGS Topographic Map of the property
• (5) NRCS Soil Map of the property
• (2) Stormwater Management Plan (Sheet SWM -1) Full Size;
• (2) Culverts '0'& `M' Plan and Profile (Sheet C-23) Full Size;
• (3) Stormwater Management Plan (Sheet SWM -1) (11x17);
• (3) Culverts '0'& `M' Plan and Profile (Sheet C-23) (11x17);
• (5) Copies of Expired Section 404 Permit (SAW -2007-01175-360);
• (5) Copies of Expired Section 401 Water Quality Certification (DWQ #07-2082);
• (5) Notice of Jurisdictional Determination (Action ID # 2007-1175);
• (5) Copy of Expired Section 404 Permit (2012-01743);
• (5) Copy of Expired Section 401 Water Quality Certification (DWQ#07-2082 V2);
• (5) Copies of NCEEP Mitigation Payment Cancelled Check Receipt in the amount of
$71,050;
• (5) Copies of NCEEP website Mitigation Payment Program payment data;
• (1) CD containing digital copies of all documents listed above.
Dave Ransenberg as the property owner will be the applicant for the permit. Gavel & Dorn will
not be acting as an official agent, but if there is anything I can provide further to help with the
permit processing please feel free to contact me at telephone number [phone] ext. 208.

December 16, 2015
Sincerely,
GAVEL & DORN ENGINEERING, PLLC
Sean Mayo, P.E.
Cc: Dave Ransenberg
Page 3

o�ot wArF.q Office Use Only:
CIOUorps a 'on ID no.
Form on 1.4Janua � ;;m
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) o m t 2 ' 2015
A.
1.
4018BU FER 1?tSOURCE3
Applicant Information ERMRT k3
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
© Yes ❑ No
Id.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Nan -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the recordFor
because written approval is not required?
the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X 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.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ®No
2.
Project Information
2a.
Name of project:
The Willows - University (Formerly Highway 29 Property/Arwen Vista Apartments)
2b.
County:
Mecklenburg
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
The Willows - University
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Arwen Land LLC
3b.
Deed Book and Page No.
28447-515
3c.
Responsible Party (for LLC if
applicable):
Dave Ransenberg
3d.
Street address:
6701 Carmel Road, Suite 118
3e.
City, state, zip:
Charlotte, INC 28226
3f.
Telephone no.:
704-609-0682
3g.
Fax no.:
704-752-8440
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
02937174, 02937198
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.338 Longitude: -80.7136
1 c. Property size:
21.306 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
UT - Mallard Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Yadkin
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:
45 acre site. 25 acres Land Cover - 1 Heavily Developed or Disturbed, Land use 1.01.03.03 High-density Multi-family
20 acres - 411 Oak-Hickory and Oak-Chestnut Forests; Land Use - 6 Passive Use on Undisturbed Land
3b. List the total estimated acreage of all existing wetlands on the property: 0.62
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,770 LF
3d. Explain the purpose of the proposed project:
Previously permitted 45 acre apartment project. Phase 1 has been constructed. The proposed stream impacts are required to construct roads to
access remainder of site, Phase 2.
3e. Describe the overall project in detail, including the type of equipment to be used:
Construction will require major earthwork, storm sewer, sanitary sewer, water road, and building construction. Stormwater BMP's will be constructed
with standard erosion control measures utilized during construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
❑X Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
Comments:
project (includingall prior phases)in the past?
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary ❑X Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): George Bucholz, REM, PWS
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Action ID 2007-1175 10/29/2007
Action ID 2012-01743 10/29/2012
5. Project History
5a. Have permits or certifications been requested or obtained for
❑X Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions. This is a reapplication for an expired permit. 404 permit verification
was granted by ACOE on 1/8/2008. SAW-2007-01175-360.401 Water Quality certification issued on 1/31/2008 per DWQ#07-2082. The permits were
then reissued again in 2012.404 permit verification on 10/29/2012. Action ID#2012-01743.401 Water Quality certification issued on 11/01/2012 per
DWQ#07-2082 V2.290 LF of stream impacts were approved per the permits. Mitigation for the stream impacts was paid to NCEEP in the amount
6. Future Project Plans
6a. Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain. The project was not originally intended to be phased, but due to economic issues, Phase 2 was not constructed. Future
construction will complete development of the project. Phase 1 has been constructed and 96 LF of the proposed stream impacts have been completed.
Phase 1 construction has included construction of two BMP facilities. Phase 2 is anticipated to be constructed in the second quarter of 2016.
Page 3 of 10
PCN Form -Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT
PER
Corps
22
112
S2 P
Culvert
UT
PER
Corps
10
80
S3 P
Culvert
UT
PER
Corps
12
96
S4 -
Choose one
S5 -
Choose one
-
S6
Choose one
-
3h. Total stream and tributary impacts
288
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

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 indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
O2 -
Choose one
Choose
03
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
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. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
All measures have been taken.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction shall be per 401 Permit Additional Conditions.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑X DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑X Yes
4b. Stream mitigation requested:
290 linear feet
4c. If using stream mitigation, stream temperature:
warm
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: Payment of $71,050 made on 4/2/2008. Copy of canceled check attached.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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 OX No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

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 ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
38
2b. Does this project require a Stormwater Management Plan?
0 Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
All runoff shall be treated to 85% TSS removal per DWQ and City of Charlotte requirements. Phase 1 construction included (2) stormwater wet
pond BMP's. Phase 2 shall include construction of (2) additional stormwater BMP's to treat new impervious surfaces in Phase 2. The (2) BMP's shall
include a stormwater wet pond and bioretention facility.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Certified Local Government
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
City of Charlotte
0 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 ❑X No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
E] Session Law 2006-246
[]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ YesX❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

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
❑X 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,
E] Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
El Yes
❑X 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
❑X 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.
Project is a privately funded residential multi -family project. Proposed roadways are local roads only and will not spur any additional development in
the area. No cumulative impacts will occur as a result of the project.
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.
All wastewater shall be collected and treated in Charlotte -Mecklenburg Utilities wastewater facilities.
Page 9of10
PCN Form —Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
13 Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Eyes Q No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
NONE - Reviewed web page
5d. Mat data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USRNS NC Endangered and Threatened Species, NC Nature Heritage, & NC Wildlife Resources Commission web pages. A site within a 2 -mile
radius is a habitat for Schweindz's Sunflower but is not located on the property.
8. Essential Fish Habitat (Corps Requirement)
8a. Will this project occur in or near an area designated as essential fish habitat?
13 Yes ® No
tib. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic orPrehistodc 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
13 Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. Mat data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
13 Yes ®No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
"i)f12,-)S-ISApplicanUAgent's
Printed Name
pli�=Uftjflt;t Signature
Date
(Agents signature is val5Q& if an authorization
letter from the applicant isprovided.)
Page 10 of 10
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VICINITY MAP
NTS
OWNER:
GATEWAY COMMUNITIES, LLC
6701 CARMEL COMMONS BLVD.
SUITE 118
CHARLOTTE, NORTH CAROLINA 28228
CONTACT: DAVE RANSENBERG
PHONE: [phone]
xxwacr W. GM020 UAI tVVAY UUMMUNI I ItA, LLG
rnm THE WILLOWS - UNIVERSITY GavelDom Engineering, PLLC
VACINITY MAP 6730 Freedom Ddve
(HIGHWAY 29 PROPERTY/ARWEN Chadotte, NC 28205
NOT TO SCALEVISTA APARTMENTS) • 704-919-1900
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OWNER:
GATEWAY COMMUNITIES, LLC
6701 CARMEL COMMONS BLVD.
SUITE 118
CHARLOTTE, NORTH CAROLINA 28228
CONTACT: DAVE RANSENBERG
PHONE: [phone]
xxwacr W. GM020 UAI tVVAY UUMMUNI I ItA, LLG
rnm THE WILLOWS - UNIVERSITY GavelDom Engineering, PLLC
VACINITY MAP 6730 Freedom Ddve
(HIGHWAY 29 PROPERTY/ARWEN Chadotte, NC 28205
NOT TO SCALEVISTA APARTMENTS) • 704-919-1900
DATE: 12-11-15 VICINITY MAP License No. P-0601

,9�,orc;C

U.S. ARM`S CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2007-01175-360 County: Mecklenburg USGS Quad: Harr_isbw•g
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Gateway Elomes, LLC, Att'n• Dave Ransenburg
Address: 11121 Carmel Commons Blvd., Suite 350
Charlotte, NC 28226
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Highvr'x" 29 Proyerty _located
A;Qhwav 29 and I-85• in Mallard
Creek Township
Description of projects area and activity: Im act am) roximatel 290 LF of UT's -Mallard Creek for the
purpose of constructing stream crossia¢s to serve a rment.
esidential develop
In LTION:
Yadkin River Basin, Cataloging Unit 03040105.
1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached 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 euthor nation
is modified, suspended or revoked. If, prior to the expiration date identified below,
authorization a reissued es witmodified
a l requir msents of the modified npermit
ri ti will ationwide permit If the nationwidevalid until the expiration date permit
below, provided it s or is with
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply
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 Chpin Date: January 8,2008
Expiration Date of Verification: January 8, 2010
The Wihnington 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
ho://www.saw.usace.4Lmy.mil/WETLANDS/index.html 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 tinder 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. ❑ 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 10/29/07 . Action ID. 2007-01175
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 channels on the property are unnamed tributaries to Mallard Creek which flow into Mallard Creek which
flow into the Rocky River which flow into the Yadkin River and ultimately flows to the Atlantic Ocean through
Mallard Creek>Rocky River>Yadkin River which is a Section 10 navigable -in -fact waterway at Belews Falls dam.
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, yotL 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_**

Mr. Qave Ransenberg
11121 Carmel Commons Slvd., Ste. 350
Charlotte, NC 28226
Subject: Hwy 29 Project
Michael 1"1{aslcy, Governor
William G. Ross h., Seerelary
North Carolina Department of Cnviroltntcm.and Nntural Resources
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ransefterg:
Coleen ft. Sullins, Director
Division of Water Q11911Ey
January 31, 2008
DWQ# 07-2082
Mecklenburg County
FEB - 1 2008
You have our approval, in accordance with the attached conditions and those listed below, to it pact
269' linear feet (ff) of unnamed stream to Mallard Creole in order to devetap the site in Mecklenburg County,'as
dosoftod In your application received by the Division of Water Quality (M) on December' 14, 2007. After
revi4wlty. your application, we have determined that this project is covered by Water Quelity General
Certificat-lon, Number 3706, which can be viewed on our web site at httg "h4uncetaXetoulsltalRw�etia� w s,.. The
Gerlier .1 Certification allows you to use Nationwide Pertnit Number 96 once it is issued to you by the U.S. Army
Corps of engineers, Mass note that you should get any -other federal, state oT local permits ba€pre
proceeding with your project, including these required by (but not tlrniied to) Sediment and 5roslon Control,
Non-01scharge, and Water Supply Watershed regulations.
T'ne above noted Certification- will expire when the associated 404 permit expires unless other --wise
specified. in, the General Certification. This approval is only valid for the'purpose and design that you described
irr your opplicatlon. if you ohangs your project, you must notify us in writing, stnd you may be required to send
us anew application for anew certification. If the property is sold, the new owner must be given a Copy of the
Certifloation and approval, letter; and. Is thereby responsible for complying withall conditions.
r
tri'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 bryce construction at the approved impact areas
hoe commenced.
2. Culverts planed In streamaAwatlohds, shalt be installed "in -the dry". Immedistely upon cornpletion of the
iinstallation,.water flow shell be roturned to its natural course. Existing stream—dimenslons (including the
cress section dimert~sl©'na, pattern, and longitudinal profile) must be maintained (or rastored via- consPueted
benches) obese and below I:.ocations of each culvert. If any of the'exleting pipes are or becornte perched,
tato apprbprtate stream grade shall be re-establishad or, if the pipes Installed in a perched manner, the.
pipes shah be removed and re -Installed correctly.'
3. Mitigation must be provided for the proposed. impacts as specified in thetable below. We -understand -that
you wish to snake a payment to the NO Seosystern enhancement Program (KEP) to meet this mitigation -
requireman. t. This has been determined by the DWO to be. a suitable method to most the mitlip. 0 l
requireenelnt. Until the ESP receives and clears your check (made payable to: 09M.--foosystom
Enhancement Prograrh Office); no impacts Spec€fied. In this`.Authorization Certificate staall occur. Tile EEP
should be contacted at [phone]. if you have any questions concerning payment into a rrestor llon
ftand; 13� Caro tin
North Carolina Division or Water (htallty 6101 est Conter Ave., Sult. 301 Moomvitlo, NC 281 LS . Pitoae [phone] Customer Sarvico
lnlemet: hoaterqu011y.org l AX [phone] 1,877.623.6748
An Equal oppadunlWAMWttve Action i#mployer— 5035 Racyclad'10% Post Consumer Paper

You have 60 days from the date of this approval to make this payment. For account#ng purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
Use of native vegetation and other soft stream bank stabilization techniques must be used where
praeticablOnatead Of. riprop or otherbank hardening methads. If riprsp is necessary, it shall. not be placed
in. the streambed, unless approved by the DWQ.
5. 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 accumulatlons, scouring or
erosion of the-strearn banks.
6. A iinat, written storm wAter mana.ijement plan (including a stgned and notarized ©poration. and
Maintenance Agreement). shall be submitted to the 404 �versight and-ExpOe" Parm Itting Unit (2321
Crabtree Blvd;, Suite 250, AaloiO, NC, 276©4y) within 60 days of the lssuandO of the 401 Water Quality
Certification. The storm water m .nagernent plans shall be approved in writing py this Office (before the
impacts spaglfied in this Cortif#eation oecur. You have the option of using, the. Dpross Review Progtam for
expedited approval of these plans. if you propose to use the li xpress Review Pregr4m, romarnter to
include the appropriate fee with the plan. The storm water management plan mirst inaWde construction
plans, speclfioations, storm ulster BMP worksheets, and -supporting osiculations. The storm water best
management practices are required to be appropriate for the surface water classiticAtiora and designed to
remove ati loa st 0% TMaceord-149- td the most recent version of -the NC DIM Stomia water Bea.
Management Practioes Manuel. These facilities must.be designed. to treat the runeff from the eatlre
project, uritess othirwise explicitly approved by the Division of Water Qually. AIs i before any. ,o ment
building. K occupled- at the subject. site, the facilities (as approved: ley this Qttioe) .00 bar censtruot t and
opQiatioriei; and the storm water rnanagemenC plan (as approved by this Office) shalt Iseir�rtptertrierlted. The
struoturalstorm, water practices as approved by this office as welt as drainage patterns must be
maintained in perpetuity. No changes. to the structurat storm water practices shall be made without written
authonzation from the Olvision- of- Woter Quality.
7. Ns waste, spoil, solids, or lgll of any kind shall occur in wetlands, waters, or riparlan ar*64 b"anflhe
footprint of iter Impacts dep#oted• In the Preconstruction Notification application. All construstian activities
assodated with this-proieet Shall meet, and/or exceed, those requirernants spectfed tip the maost -rezent
version of the North Carolina Ssediment and Erosion Control Minuet and. shall be condpcted so that no
vioistlons of state water quality standards, statutes, or rules occur.
8. Sediment and eroston. control me-aaures shall not be plae.ed In wetlands or waters to the maximum extent
priotEcabte. If.P#acernerft of sediment and erosion control devices In wetlands a waters Is rtavatdable,
they shall: be removed And tine natural grade restored within two months. of the date the Divi*n of Land
Resources has refeased i pratt. .
9. Upon oamptetign of the project, the applicant shall complete and return the enclosed "Certifkaele of
Completion° form to the 4011VUr$tlands Unit of the NC Division of Water Quality. Pltgase s*ad, photographs
of the upstrearn and downstrerarn sides of each culvert site to document correct installation, aping with the
Cartifioate of Completion form,
1©. Continuing Compliance. The applicant, (4ateway Homes, LLC; Dave Ransenberg) shall cohduct alt
activities in a manner so. a3 riot to contravene any state water quality standard (IncluiMra any. requIraments
Gompensatory Mitigation River acid Sub�basin
Required NdrtylfAr
ltrearn '
8. Meet Yidkin 3040106 -.
We(lantts�acrep
1!I/ater<s
acres
Use of native vegetation and other soft stream bank stabilization techniques must be used where
praeticablOnatead Of. riprop or otherbank hardening methads. If riprsp is necessary, it shall. not be placed
in. the streambed, unless approved by the DWQ.
5. 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 accumulatlons, scouring or
erosion of the-strearn banks.
6. A iinat, written storm wAter mana.ijement plan (including a stgned and notarized ©poration. and
Maintenance Agreement). shall be submitted to the 404 �versight and-ExpOe" Parm Itting Unit (2321
Crabtree Blvd;, Suite 250, AaloiO, NC, 276©4y) within 60 days of the lssuandO of the 401 Water Quality
Certification. The storm water m .nagernent plans shall be approved in writing py this Office (before the
impacts spaglfied in this Cortif#eation oecur. You have the option of using, the. Dpross Review Progtam for
expedited approval of these plans. if you propose to use the li xpress Review Pregr4m, romarnter to
include the appropriate fee with the plan. The storm water management plan mirst inaWde construction
plans, speclfioations, storm ulster BMP worksheets, and -supporting osiculations. The storm water best
management practices are required to be appropriate for the surface water classiticAtiora and designed to
remove ati loa st 0% TMaceord-149- td the most recent version of -the NC DIM Stomia water Bea.
Management Practioes Manuel. These facilities must.be designed. to treat the runeff from the eatlre
project, uritess othirwise explicitly approved by the Division of Water Qually. AIs i before any. ,o ment
building. K occupled- at the subject. site, the facilities (as approved: ley this Qttioe) .00 bar censtruot t and
opQiatioriei; and the storm water rnanagemenC plan (as approved by this Office) shalt Iseir�rtptertrierlted. The
struoturalstorm, water practices as approved by this office as welt as drainage patterns must be
maintained in perpetuity. No changes. to the structurat storm water practices shall be made without written
authonzation from the Olvision- of- Woter Quality.
7. Ns waste, spoil, solids, or lgll of any kind shall occur in wetlands, waters, or riparlan ar*64 b"anflhe
footprint of iter Impacts dep#oted• In the Preconstruction Notification application. All construstian activities
assodated with this-proieet Shall meet, and/or exceed, those requirernants spectfed tip the maost -rezent
version of the North Carolina Ssediment and Erosion Control Minuet and. shall be condpcted so that no
vioistlons of state water quality standards, statutes, or rules occur.
8. Sediment and eroston. control me-aaures shall not be plae.ed In wetlands or waters to the maximum extent
priotEcabte. If.P#acernerft of sediment and erosion control devices In wetlands a waters Is rtavatdable,
they shall: be removed And tine natural grade restored within two months. of the date the Divi*n of Land
Resources has refeased i pratt. .
9. Upon oamptetign of the project, the applicant shall complete and return the enclosed "Certifkaele of
Completion° form to the 4011VUr$tlands Unit of the NC Division of Water Quality. Pltgase s*ad, photographs
of the upstrearn and downstrerarn sides of each culvert site to document correct installation, aping with the
Cartifioate of Completion form,
1©. Continuing Compliance. The applicant, (4ateway Homes, LLC; Dave Ransenberg) shall cohduct alt
activities in a manner so. a3 riot to contravene any state water quality standard (IncluiMra any. requIraments

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 standar4s or Paws 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 nedessary to assure compliance, DWQ may reevaluate and modlfy this. certification to
include conditions appropriate to assure compliance with such standards and requirements In acdordance
with 15 A NCAE 21-11.0507(d). Before codifying the certification., DWQ shall notify the apipkant and the US
Array Corps of Engineers, provide public notice in accordance with. I 5 NCA C. 2H'.D603, and provide
opportunity for public hearing in accordance with 15A N -CAC 2•H.0504. Any new or revised conditions; shall
be provided to the applicant In writing, shall be provided to the Llnitod States Army Corps -of engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall -also bee. ome -
conditions of the 404 Permit for the project.
11 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 1508 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-5714. This pertification 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 Mt. Alan Johnson in the Mooresville Regional Office at 7-04-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919=733--9721.
Sincerely,
for Coleen H. Sullins .
Attachmen#: Certificate of Completion Form
cc: Army Corps of Engineers, Asheville
tan. McMillan, Wetlands Unit
George ftchhola, John R McAdam Co., 2905 Meridlap Pkwy., Durham 27713
Centra{ biles
Fite Copy

Since 1979
1111131�`_
THE JOHN . McADAMS COMPANY, IN
Research Triangle Park. NO
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
Durham, North Carolina 27713
800.733-5646
919.361-5000
919.361-2269 Fax
Charlotte, NO
5311 Seventy-seven Center Drive,
Suite 66
Charlotte, North Carolina 28217
800-733-5646
704-527-0800
704.527-2003 Fax
www.johnrmcadams.com
MEMORANDUM
October 31, 2007
To: Dave Ransenberg — Gateway Homes, LLC ^
From: George Buchholz - JRM cid
Cc: Keith Cooper — JRM
Sean Mayo - JRM
Re: U.S. Army Corps of Engineers — Jurisdictional Determination
Highway 29 Property
Mallard Creek Township, Mecklenburg, North Carolina
GWH-06040
COrPs
Attached is the Jurisdictional Determination letter from 7US, Arand the signed
of Engineers (Action Id. 2007-1175; dated October 29, .-
surveyedplat of the wetland/stream delineation
dopot hes toeoofr the
reference
d
property . If you have any questions, please
919-361-5000.
Comprehensive Land Development Design Services
Ale help our clients succeed.
I -n

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2007-1175 County: Mecklenburg U.S.G.S. Quad: Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Gateway Homes, LLC
Address: 11121 Carmel Commons Blvd.
Suite 350
Charlotte, NC 28226
Telephone No.:
Property description:
Size (acres) 45.97
Nearest Waterway UT -Mallard Creek
USGS HUC
Location description Hwy 29/Parkway Regency Property
Indicate Which of the Following Apply:
A. Preliminary Determination
Nearest Town Charlotte
River Basin Yadkin
Coordinates N 35.3388 W 80.7136
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 10/29/2007. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Chapin at [phone] x224.
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream
channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the
.! tributaries toMallard Creek which Ultimately flow to the Atlantic Ocean through the Yadkin
Pee
are iinnalileu LL 1UULaliw �
Pee Dee River system.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 12/29/07.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date 10129/2007 Expiration Date 10/29/2012
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
hn://www saw usace army mil/WETLANDS/index.html to complete the survey online.

NOTIFICA'rioN OFA NIINISTRA'rlvl,'' APPI; %L OP 1'10NS AND PROCESS ANI)
ached is:
INITIAL
DENIAL
PRELIMINARY
LLC File Number: 2007-1175Date:10/29/07
See Section below
ERMIT (Standard Permit or Letter of I A
Permit or Letter of permission)
B
C
nV'rPR T,TIN A TTf1N I
D
W
SE Tf©N'I = The foltowing identi les Amur rights and options regarding u adr inistratite appeal of the above
decision. Additional information may be found at htLt«���w usac�.arm3 miPtn_evlurctioris�c��/cecwu reg or'
Cor s reaul�itiuns at.3 CPR Part 33]. __. - - --
— — ----"I— -
4: INITIAL PROFFERED PERDU m : 1 ou mal accept or object to the pennil.
• 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 lI 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 district 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.
SFC [ 10N 11- REQUEST POR APPEAL or OB fECTI(AgO AN INITIAL PIt RFV PFKN41T
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the dcasion 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 adrimistraricc record.
If you have questions regarding this decision
If you only hav�quc>uon, nyarding the ippcLi1puoces,)ou
and/or the appeal process you may contact:
may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
Steve Chapin
CESAD-ET-CO-R
USACE
U.S. Army Corps of Engineers, South Atlantic Division
151 Patton Avenue, Room 208
60 Forsyth Street, Room 9M15
Asheville, NC 28801-5006
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, North Carolina 28801-5006
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

Date: 10/29/07
ATTENTION PROPERTY OWNER
New Guidance on Jurisdictional Determinations
On June 5, 2007, the U.S. Army Corps of Engineers (COE) implemented a new method
for performing jurisdictional determinations (JD) pursuant to the Clean Water Act
(CWA). This new process is a result of the recent Supreme Court decisions (United
States v. Rapanos and United States v. Carabe10 and now requires the COE to conduct
extensive reviews when determining if certain waterbodies, including wetlands have a
significant nexus (connection) to Traditional Navigable Waters.
Since this Office has reviewed and verbally approved a jurisdictional determination for
your property prior to June 5, 2007, we have finalized this JD using the previous process.
However, if you, as the property owner, are interested in having your property evaluated
under the new guidance or have any questions regarding this matter, please contact Steve
Chapin at [phone] x224.
S. Kenneth Jolly
Chief, Regulatory Division

THE JOHN R McADAMS COMPANY, INC.
LETTER OF TRANSMITTAL
To: Dave Ransenberg Date: March 20, 2007
Gateway Homes
11121 Carmel Commons Boulevard
Suite 350 FEDERAL EXPRESS "
Charlotte, North Carolina 28226
Re: Highway 29 Site Job No.: GWH-06040
I am sending you the following item(s):
COPIES DATE
NO. DESCRIPTION _
1
Summary of Findings Letter dated March 20, 2007
1
USGS Quad
1
Soil Survey
1
and and Stream Exhibit
These are transmitted as checked below:
❑ As requested
❑ For approval
❑ For review and comment
D -A
Copy to:
® For your use
M
Signed:
Group
FOR INTERNAL USE ONLY
❑ Copy Letter of Transmittal Only to File
® Copy Entire Document to File
CIVIL ENGINEERING • LAND PLANNING • SURVEYING
5311 Seventy -Seven center Drive, Suite 66 Charlotte, North Carolina 28217
704-527-0800 (office) • 1 [phone] 9 704-527-2003 (fax)

THE JOHN R.
March 20, 2007
McADAMS COMPANY, INC.
Mr. Dave Ransenberg
Gateway Homes
11121 Carmel Commons Boulevard
Suite 350
Charlotte, North Carolina 28226
Re: Wetland/Stream Delineation Summary of Findings
Parkway Regency, LLC & Gateway Homes
Highway 29 — Tryon Street
Mallard Creek Township, Mecklenburg County, North Carolina
GWH-06040
Dear Mr. Ransenberg:
The John R. McAdams Company conducted a delineation for possible
wetland and stream features located on the referenced property. The +47.6 -
acre property is composed of two tracts of land (Tract 1 is +45.97 -acres; Tract
2 is +1.63 -acres) is located within the western section of Mecklenburg County
approximately 0.10 -mile east of the intersection of Highway 29 and Interstate
485 within Mallard Creek Township, North Carolina. For the purposes of this
letter, the +50 -acre Swift Creek Site is referred to as "subject property". The
subject property is currently zoned as R-12MF (Multi -Family) by the City of
Charlotte and is located at 11601 North Tryon Street. The subject property is
bounded to the north and west by residential, to the east by residential and
commercial, and to the south by Highway 29 (North Tryon Street). The
objective was to flag jurisdictional waters of the U.S. as defined by the 1987
U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual and
identify waters subject to the Mecklenburg County Surface Water
Improvement and Management (SWIM) stream buffers. We are pleased to
forward a summary letter and exhibits detailing our wetland and stream
delineation.
Research Triangle Park, NC! Summary of Findings:
Post Office Box 14005
Research Triangle Park, A review of the U.S. Geological Survey "Harrisburg, NC" (see Exhibit A), the
North Carolina 27709 ! U.S. Department of Agriculture Soil Survey of Mecklenburg County, NC (see
2905 Meridian Parkway ! Exhibit B; sheet 5), and floodplain mapping revealed two unnamed tributaries
Durham, North Carolina 27713
800-733-5646 to Mallard Creek located within the subject property. There are no 100 -year
919-361-5000 floodplain and floodway zones mapped on the subject property.
919-361-2269 Fax
An on-site inspection was initiated on February 20, 2007 with the intent of locating
Charlotte, INCwetland and stream features on the subject property. A total of four unnamed
5311 Seventy -Seven Center Orive, tributaries that are tributaries to Mallard Creek and two wetland areas were
Suite 66 ! identified. Table 1 below summarizes the identified stream and wetland features.
Charlotte, North Carolina 28217 The attached Wetlands and Streams Exhibit depicts the approximate location and
800-733-5646
704-527-0800 j
704-527-2003 Fax
� Comprehensive Land Development Design Services
www.johnrmcadams.com i we lielp oiir clients succeed.

Since 1979
THE JOHN IIL. WADAlVMS COMPANY, INC.
Mr. Dave Ransenberg
March 20, 2007
GWH-06040
Page 2
size prior to surveying the jurisdictional features. It is recommended that the
jurisdictional features be verified by the USAGE, surveyed, and platted for an
official jurisdictional determination.
Xir_u—_.a V­+—.0
Table I.
stream anu
i:rrr.
...�.. "'..»i
p x
+,1
VV eL 411%A 1' c -�u=
- -
-
- -
�A'a
-
0*41%904.44 it
... ..- a
;1W �flatz
-
-0
headwater to stream feature B;
A
2,569
Perennial
A
0'20
PF01a
headwater to stream feature A;
B
63
Intermittent
B 0.10 PFOla
Total
C
477
Perennial
Wetland 0.30 -acres
Area
Notes:
D
661
Perennial
PFO 1 a = Palustrine forested deciduous temporarily flooded
Total Stream
37]_
Length
Stream/Wetland Pelrmitting:
A Nationwide Permit (NWP) can be utilized if the project is designed to impact
less than 0.50 -acre of jurisdictional wetlands/waters of the U.S. including a
maximum of 300 linear feet of important/mitigatable stream channel impact. A pre -
construction notification to the USACE and DWQ will not be required for wetland
impacts less than 0.10 -acre. Pre -construction notification and approval will be
required for wetland impacts that exceed 0.10 -acre and/or any impacts to
important/mitigatable streams. The processing time for a NWP pre -construction
notification is 45 days with the USACE and 60 days for DWQ. All projects
qualifying under a NWP are required to submit a report (post -construction
notification) within 30 days of completing the construction activity describing and
quantifying the impacts stating that the conditions of NWP have been adhered to.
Cumulative impacts for a project over the specific NWP thresholds of 0.50 -acres
of wetlands and/or 300 linear feet of stream channel will require an Individual
Permit (IP). IPs require an analysis to determine that the proposed impact to
waters of the U.S. 1s the least environmentally damaging practical alternative,
typically require compensatory mitigation, notification to adjacent property
owners, a public notice, and may require a public hearing. All projects, whether
qualifying for a NWP or applying for an IP, require written justification for
wetland impacts greater than 0.10 -acres.

Since 1979
THE JOHN R. MCADAMS COMPANY, INC.
Mr. Dave Ransenberg
March 20, 2007
GWH-06040
Page 3
Expiration of Nationwide Permits:
The USACE Nationwide Permits (NWPs) have expired as of March 18, 2007.
Any application received by the Corps after March 18, 2007 will be subject to the
new NWP, effective May, 2007. Along with the re -issued 404-NWP, there may
also be additional permit requirements by the concurrently re -issued, 401-DWQ
certifications. We will. be glad to discuss how these changes may affect your
project or any other projects that you may have.
Mitigation of StreamlWetland Impacts:
The USACE can require mitigation for any stream or wetland impacts. In most
cases, stream mitigation is not triggered until impacts approach 150 linear feet;
wetland mitigation is usually triggered when impacts exceed 0.10 -acre. Table 2,
below, is the current In -Lieu Fee Schedule (effective July 1, 2006) from the North
Carolina Ecosystem Enhancement Program (EEP), in which monetary payment
could be paid, to offset wetland and stream impacts. It should be noted, EEP is
proposing to revise the In -Lieu Fee Schedule. Final revisions to the In -Lieu Fee
Schedule are forthcoming.
n T. TT TT TPno pnvm nit+C
1 apse 4. L'.r t Irl-luxcu r
Stream linear foot
$232
Non -riparian wetland acre
$13,924
Riparian wetlanct acre
$27,847
In addition to mitigation, demonstration of avoidance and minimization of
impacts to waters of the U.S. will be required as justification for impacts
requested, as noted above. This will all be required during the permitting process.
Mecklenburg County SWIM Buffers:
The subject property is located within the Yadkin River Basin (Hydrologic
Unit Code 03040105). Currently, DWQ does not have buffer rules for the
Yadkin River Basin, However, Mecklenburg County has established Surface
Water Improvement and Management ' (SWIM) stream buffers at the point
where the stream drains 100 -acres or greater as specified below in Table 3.
Buffer widths for streams that drain 100 -acres or greater are measured
horizontally on a line perpendicular to the surface water, landward from the
top of the bank on each side of the stream.

Since 19%9
THE JOHN R. MCADAMS COMPANY, INC.
Mr. Dave Ransenberg
March 20, 2007
GWH-06040
Page 4
., A.r_ _l-r,.-_I_._...r QA"X4 R11ff-r Widths
1 able 3. lvluck"VIARJu1K
%.uuaaL
Stream Side
v .. ��•. y,._�- _
Managed Use
.. _-----
Upland Zone
Total Width
Drainage
Area
Zone
Zone
Land
On Each Side
> 100 -acres
20 -feet
None
15 -feet
35 -feet
> 300 -acres
20-fee;t
20 -feet
10 -feet
50 -feet
Of the four streams located on the subject property, only Stream Feature "A"
is applicable to the SWIM buffer requirements for Mecklenburg County. It is
recommended that a drainage analysis be performed to determine that point in
which Stream Feature "A" drains 300 -acres. The attached Wetlands and Streams
Exhibit depicts the approximate SWIM buffers associated with Stream Feature "A"
prior to a drainage analysis. Table 4 below summarizes the land uses within each
zone.
,r._-----'�L!_ 0t17T1%4 n2 ffur 7.n»ac
Table 4. Land uses
wlluAAi v..=1..
Upland Zone
Stream Side Zone
Managed Use Zone
Land
Undisturbed (no cutting,
Limited Clearing (no
Herbaceous Ground Cover.
clearing or grading). If
grading).If existing tree
DisturbanceNegetative
Including grass is allowed;
Requirements
existing tree density is
density is inadequate,
maintenance of existing forest
inadequate, reforestation
reforestation is
or reforestation is encouraged.
is required.
encouraged.
Land Uses
Very Restricted.
Restricted. Permitted
Restricted. Permitted uses
Permitted uses limited to
uses limited to those
limited to those allowed in
flood control structures
allowed in the Stream
Stream Side and Managed Use
and bank stabilization as
Side zone, as well as
Zones, as well as gazebos, non -
well as installation of
bike paths and
commercial storage buildings
parallel or near
greenway trails up to
less than 150 sq. ft., limited
perpendicular water and
10 -feet wide.
grading that does not change
sewer utilities and near
the functionality or extend the
perpendicular road
floodplain, and approved storm
crossings with
water structural best
stabilization of disturbed
management practices
areas.
Stormwater Management:
The DWQ Stormwater Management Program protects waters by restricting
impervious surface development, maintaining vegetative buffers, and
prescribing vegetative conveyances to transport runoff. DWQ has assigned
Mallard Creek, and its associated tributaries, a stream index number of 13-17-5
and a stream classification of Class C. Class C waters are protected for

Since 1979
THE JOHN F�. MCADAMS COMPANY, INC.
Mr. Dave Ransenberg
March 20, 2007
GWH-06040
Page 5
secondary recreation, fishing, wildlife, fish and aquatic life propagation and
survival, agriculture and other uses. There are no restrictions on watershed
development or types of discharges.
Conclusion:
A total of four unnamed tributaries that are tributaries to Mallard Creek and two
wetland areas were identified during field investigations conducted on February 20,
2007. It is recommended that the jurisdictional wetland/stream delineation be
verified by the USACE and surveyed to become an official jurisdictional
determination. There are SWIM stream buffers associated with Stream Feature
"A" since it drains more than 100 -acres. The attached Wetlands and Streams
Exhibit depicts the approximate location of jurisdictional features and SWIM
buffers prior to surveying and a drainage analysis. D W Q has assigned Mallard
Creek, and its associated tributaries, a stream index number of 13-17-5 and a
stream classification of Class C. There are no restrictions on watershed
development or types of discharges.
We will be glad to further discuss these findings and address any questions that
you may have with regard to the subject property. Please do not hesitate to contact
us at [phone] with any questions or concerns you may have.
Sincerely,
THE J HN R. DAMS C MPANY, INC.
George Buchholz, RI:M, PWS
Environmental/Wetland Scientist
Stormwater and Environmental Department
Enclosures
Cc: K. Cooper
E. Moore

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0 0.3 0.6 0.9 1.2 1.5 kia s G
0 0.2 0.4 0.6 0.8 1 mi a'
35.33880N, 80.7136°W (NAD27)
USGS Harrisburg (NC) Quadrangle M -5 359
Projection is UTM Zone 17 NAD83 Datum G=0.166
PROJECT N°' GVM -06040
THE JOHN R. McADAMS
pkv"RECENCY, LLC &GAT W"HO s
COMPANY, INC.
FILENAME: GV►�iO6O4O-C
ENGINEERS/PLANNERS/SURVEYORS
tV
"�` AS SHOWN
HARRISBURG QUAD
CAROIM
RESEARCH TRIANGLE PARK, NC
P.O. BOK 14005 ZIP 27709-4005
MF.CMZNBIJRG COUNRY. NOMH
(n
DATE: 03-19-07
-
[phone]

PROJECT No. GWH-06040
THE JOHN R. McADAMS
" "�`
PARKWAY REGENCY, LLC & GATEWAY HOMES
COMPANY, INC.
n
GVVF106040—C
ENGINEERS/PLANNERS/SURVEYORS
e
SCAM:
j' = 500'
MECRLENBUR(i COUNTY SOIL SURVEY, 5 SHEET
RESEARCH TRIANGLE PARK. NC
K
MECKLENBURG COUNTY. NORTH CAROLINA
P.O. »0x 14005 ZIP 27709-4005
pI
DATE:03-19-07
[phone]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2012-01743 County: Mecklenburg USGS Quad: NC- Harrisburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Arwen AgWifterits LLC /-A:ttn: Dave Raaseabu'r�
Address: 6701 Carmel Road, Suite 1.18
Charlotte. NC 28226
Telephone No.: 704-609-0682
Size and location of property (water body, road name/number, town, etc.): The project site is located
northeast of Grevmouth Road near.its intersection with N Tryon Street (US 29) in Charlotte,
Mecklenburg County, NC. Coordinates are: 35.335-N,-80.7134 W.
Description of projects area and activity: This verification authorizes vermanent.impacts to 192 linear
feet of stream channels for constructing stream crossing associated with multi -family housing
development.
Applicable Law: 0 Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Summary of Authorized Impacts and Required Mitigation
Impact ID # NWP / Oen Water (ac)
GP # Temporary Permanent
Wetland (ac) Stream (If)
Temporary Permanent " Temporary Permanent
2007-01175 29
290*
2012-01743 29
192
-Im act Totals
Total Loss of Waters of the U.S. ac)
Total Loss of Waters of the U.S. (If) 290
Required Wetland
Mitigation (ac)
Required Stream Mitigation (lf)
290 In -Lie
Additional Remarks and/or Special Permit Conditions: Re -issuing permit for previously authorized
action (SAW -2007-01175) because it expired. *Of the previously authorized 290 linear feet, 192 feet
were not impacted, despite compensatory mitigation payment being made to EEP for all authorized
impacts. Culverts greater than 48 inches in -diameter will be buried at least one foot below the bed
of the stream. Culverts 48 inches or less shall be buried at an appropriate depth to maintain
aquatic passage as defined in Final Regional Condition 3.6 attached to this NWP.
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 revolted. 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. You may also visit their website at; httQf/portal ncdenr.org/web/wq/swp/ws/webscape
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 SteveKi hefski at 828-271-7980.
Corps Regulatory Official Steve Kichefski/Date: October 29 2012
Expiration Date of Verification' October 29, 2014
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfactidn Survey located at our website at
http•//per2 nwMusace.army.millsurvey.htin 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. ® 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 1987 Corps of Engineers Wetland Delineation Manual and the
Interim Regional supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and
Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channel on the property is an unnamed tributary to UT to Mallard Creek
which flows into the Rocky Watershed, Upper Pee Dee Basin, HUC: 03040105 River. UT to Mallard Creek flows
to the Atlantic Ocean via Mallard Creek, Rocky River and the Pee Dee River. The Pee Dee River is Section 10
navigable -in -fact at the Blewett Falls Dam.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program -participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in
B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOMI 5
Atlanta, Georgia 30303-8801
Phone: [phone]
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 by
October 15, 2012.
**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: Steve Kichefski
Issue Date: October 29, 2007
Copy Furnished:
Expiration Date: Five years from Issue Date

Permit Number: 2012-01743
Permit Type: NW29
Name of County: Mecklenburg
Name of Permittee: Arwen Apartments LLC / Attn: Dave Ransenburg
Date of Issuance: October 29, 2012
Project Manager: Steve Kichefski
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. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the'above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date

MEN
p Arwen Apartments LLC / Attn: Dave File Number: 2012-01743 Date: October 29, -
- 2012
Attwhettis -- _ —_ _ _ ..._-..__..__- _. _ -- See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
R1011141 I ti
MIN
o _ d
fv
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 (IAP), 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 It 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 terns 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 Q 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 _DETERMIlVATION;-. You do not need to respondrto the, Corps.._
regarding the preliminary JD. The Preliminary JD is: not appealable. If you wish; you may request an
appt d.JD (which may be appealed), by.: contacting.the Corps district -for fiirther instruction. Also you may
provide new information for further coiisideirafion by the Coijis to reevaluate the JD.
W, BIMINI'
ra`rasa
_9F,AS0yS-.EOR-APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections Wan.
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.
n` �>
.fff you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Steve Kichefski, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office CESAD-PDO
151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division
RM 208 60 Forsyth Street, Room IOM15
Asheville, NC 28801 Atlanta, Georgia 30303-8801
828271-7980 Phone: [phone]
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 send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Steve Kichefski, 69 Darlington Avenue,
Wilmington, North Carolina 28403
_
For Permit denials, Proffered Permits. and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-
8801. Phone: [phone]

NATIONWIDE PERMIT 29
DEPARTMENT OYTHE A RMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Residential Developments. Discharges of dredged or fill material into non -tidal waters
of the United States for the construction 'or expansion of a single residence, a multiple unit
residential development, or a residential subdivision,:This NWP authorizes the construction of
building foundations and building pads and attendant features that are necessary for the use of
the residence or residential development. Attendant features may include but are not limited to
roads; parking lots, garages, yards, utility lines, storm water management facilities,,septic fields,
and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf
course is an integral part of the residential development).
The discharge must not cause the -loss of greater than 1/2 -acre of non -tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds the district engineer waives the 300 -linear foot limit by
making a -written determination concluding that the discharge will result in minimal adverse
effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to•tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United
States authorized, by this NWP cannot exceed 1/2 -acre. This includes any loss of waters of the
United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 31.) (Sections 10 and 404)

NATIONWIDE PERMIT CONDITIONS
The followinz General Conditions must be followed in order for 2Y authorization by a NWP to
be valid:
1. Navi ation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The. permittee. understands and agrees that, if future operations by the -United States
require the removal, relocation, or other alteration, of the structure or work herein. authorized, or.
if, in the opinion of the Secretary of the Army or. his. authorized representative, said structure or
work shall -cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee .will be required, upon.due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused.thereby, without expense to the United States. No
claim shall be made against the United States .on account of any such removal. or alteration.
2. _Aquatic Life_ Movements. No.activity may substantially disrupt the necessary life cycle
movements of those species. of aquatic life indigenous .to the waterbody, including. those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. All permanent and temporary crossings of waterbodies shall be suitably eulverted,
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
3. Spawning, Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) 'of an important
spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
S. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activityauthorized by NWPs 4 and
48,. or is a shellfish seeding or habitat restoration activity authorized by NWT 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Sqpply SupplyIntakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent -bank stabilization.
2

8. Adverse Effects From Im oundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system.due to accelerating the -passage of water, and/or restricting
its flow must be minimized to the mi aximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -construction
course, condition,. capacity,. and location of open waters must be maintained for each activity,
including -stream channelization and storm -water -management activities, except as. provided.
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100 -Year Flood tains. The activity must comply with applicable FEMA -
approved state -or local floodplain management requirements.
11. Equipment. Heavy equipment working In wetlands or mudflats must be placed on
mats, or other measures most be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained. in effective operating condition during construction, and all
exposed soil and other fills, as welt as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of Temp )1ary Fills. Temporary fills must be removed in their entirety and
the'affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity -specific conditions added by the district engineer to an NWP
authorization.
15. Sing , and Complete Project. The activity must be a.single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress asa. "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined .
in writing that the proposed activity.will not adversely affect.the Wild and Scenic River
designation. or study status. -Information on Wild and Scenic Rivers may be obtained from the
appropriate -Federal land -management agency responsible -far --the designated.Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and.treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under.any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or
a species proposed.for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or.adversely modify the critical habitat of such
species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless Section 7 consultation addressing the effects of the proposed activity has been
completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with -those requirements. The district
engineer will review the documentation. and determine whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional ESA consultation is necessary.
- (c) Non-federal permittees must submit a pre -construction notification to the district
engineer if any listed species or designated critical habitat might be.affected or is in the vicinity
of the project, or if the.project is located in designated critical habitat, and shall not begin work
on the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the. activity is authorized. For activities that might affect Federally -listed
endangered or threatened- species or designated critical habitat, -the pre -construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that.might be affected by the
proposed work. The district engineer will determine whether the proposed activity "may affect"
or will have
"no effect" to listed species and designated critical habitat and will notify the non -
Federal applicant of the Corps' determination within 45: days of receipt of a complete.pre-
construction notification. In cases where the non-Federal'applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification the proposed
activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation
has been completed. If the non -Federal applicant has not heard back from the Corps within 45
days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific .regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, The Endangered Species Act prohibits any.person subject to the
jurisdiction of the United States to take a listed species, where "take" means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct. The word "harm" in the definition of "take" means an act which actually kills or injures
wildlife. Such an act may includesignificant habitat modification or degradation where it
actually-kills-or-injures-wi-ld.1.ife-b-y-sign,"icantlyimpairing-essentia-b-ehaytiozalpafterna,_.
including breeding, feeding or sheltering.
9

(f) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NUTS or their world wide
web.pages at http://wwik.fws.g6V/ or http://www.fws.gov/ipad and
http://www.noaa.gov/fisheries.html respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
obtaining any "take" permits required under the U.S. Fish and.Wildlife.Service's regulations
governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and
Wildlife Service to determine if such "take" permits are required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act-(NHPA) have been satisfied.
. (b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will review the documentation and determine whether
it is sufficient to address section 106.compliance for the NWP activity, or whether additional
section 106_ consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer. or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of Section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, oral history interviews, sample field investigation,
and field survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties_ Where the non -Federal applicant has identified historic properties on which the
activity may have the potential to cause effects and so notified the Corps, the non -Federal
applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to "cause effects or that consultation under Section 106 of the NHPA has been
completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether.NHPA-Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA

section 106 consultation is required and will occur, the district engineer will notify the non -
Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If
the non -Federal applicant has not heard back from the Corps within 45 days, the -applicant must
still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the. requirements .of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACNP and
provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic.properties affected, and proposed mitigation. This documentation must. include any
views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking
occurs on or affects.historic properties on tribal lands,or affects properties o1 interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
21. Discovery of Previouslv Unknown Remains and Artifacts. If you. discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
or remains warrant a recovery, effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
The district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national' resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, -12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to -the -critical -re -source waters will -be no..more-than_mininial._.._.._. __._.. ___ __ ..--_...
3

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are miriitrial:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site.(i.e., on site).
. (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal, and
provides a project -specific waiver of this requirement. For wetland losses of 1/10 -acre or less
that require pre -construction notification, the district engineer may determine on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic' environment. Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the applicable provisions. of 33 CFR part.332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, wetland restoration should -be the first compensatory mitigation option
considered.
.(3) If permittee -responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting •a mitigation plan. A conceptual or detailed mitigation plan may be
used by the district engineer to make the decision on the NWP verification request, but a final
mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
(4) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the number of
credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological. performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan. .
(d) For losses of streams or other open waters that require pre -construction notification,
the district engineer may require compensatory mitigation, such as stream rehabilitation,
enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the
aquatic environment.
.- .(e) Compensatory mitigation will not -be used -to -increase -the acreage losses allowed by -.--
the acreage limits of the NWPs. For example, if an NAP has an acreage limit of .1/2-acre,:.it
cannot be used to authorize any project resulting in the loss of greater than. 1/2 -acre of waters of
7

the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the -.minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g.,_conservation.easements) of riparian areas next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist
of native species. The width of the required riparian area will address documented water quality
or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the- stream, but.the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to establish a riparian area
on both sides of a stream, or if the waterbody is a lake or coastal waters, thenrestoring or
establishing a riparian area along a single bank or shoreline may be sufficient. Where both
wetlands and open waters. exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based
on what is best for the. aquatic environment on a watershed basis. In cases where riparian areas .
are determined to be the most appropriate form of compensatory mitigation, the district engineer
May waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate
permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, permittee -responsible compensatory mitigation may be environmentally preferable if
there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the
special. conditions of the NWP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory mitigation project, and, .if required,
its long-term management.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non -Federal applicants to demonstrate that the
structures comply with established state dam safety criteria of have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Qualms. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401. Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or.Tribe may require additional water quality -management measures to ensure_ that the
au thorized.activity does not result in more than minimal degradation of water quality.
8

26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, ora presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements..
27. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state; Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by. the state in its Coastal Zone Management Act
consistency determination.
28. Use. of Multiple Nationwide Permits.- The use of more than one NWP for a single and
complete. project is prohibited, except when the acreage loss of waters of the. United States
authorized by the.NWPs does not exceed the acreage. limit of the NWP with the highest specified
acreage limit. For example, if a.road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of.waters
of the United States for.the total project cannot exceed 1/3 -acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property.
associated with a nationwide permit verificatioii,:the.pezmittee may transfer the nationwide
permit verification. to the new owner by submitting a letter to the.appropriate Corps district office
to validate the transfer. A copy of thenationwide. permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at
the time the property is. transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date.below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter
from the Corps must provide -a signed certification documenting completion of the authorized
activity and any required compensatory mitigation. The success of any required permittee -
responsible mitigation, including the achievement of ecological performance standards, will be
addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will
include:
6

(a) A statement that the authorized work was done in accordance with the NWP
authorization, including.any.general, regional, or activity -specific conditions;
.. (b) -A -statement -that -the iumplementation of any required compensatory mitigation was'
completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu
fee program are used to satisfy the compensatory mitigation requirements, the certification must
include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre -Construction Notification..(a) Timing. Where required by the terms of the NWP,
the prospective permittee. must notify the district engineer by submitting a pre -construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and; if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional
information necessary to make the PCN complete. The request must specify the information
needed -to make the PCN complete. Asa general rule, district engineers will request additional
information necessary to. make -the PCN complete only once. However, if the prospective
permittee does not provide all of the requested information, then the district engineer will notify
the prospective .permittee that the PCN is still incomplete -and the PCN review process will not .
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division
engineer. However, if the permittee was.required to notify the Corps pursuant to general
condition 18 that listed: species -or critical habitat might be affected or in the vicinity of the
project, or -to notify the. Corps pursuant to general condition 20 that the activitymay have the
potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps.that there is "no effect" on listed species or "no
potential to cause effects" on historic properties, or that any consultation required under Section
7 of the Endangered Species Act (see 33 CFR 330.4(#)) and/or Section 106 of the National
Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under
NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the
proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
may not begin the activityuntil the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45 calendar
days of receipt of a complete PCN, the permittee cannot begin the activity until an individual
.permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with. the procedure set forth in- 33 CFR
330.5(d)(2).
(b) Contents of -Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name; address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
10

(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount of loss
of water of the United Siafes expected to result Froin the NWP -activity, in acres, linear feet, or
other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual
permit(s) used or intended to be -used to authorize any part of the proposed -project or any related -
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory -mitigation. Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the project and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an.illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as -lakes and ponds, and perennial, intermittent, and ephemeral streams, on the
project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask -the Corps to delineate the special aquatic sites and
other waters on the project site, but there may be a delay if the Corps does the delineation,
especially if the project. site is large or contains many waters of the United States. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(5) If the•proposed activity will result in the loss of greater than 1/10 -acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, orexplaininig why the adverse effects are minimal and
why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non -Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed. work. Federal applicants must provide documentation demonstrating compliance
with. the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, of potentially eligible for listing on, the National Register of Historic Places, for
non-Federalapplicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1)'through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (.1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions -of -the NWPs-and•-the need--for-mitigation-to-reduce-the-project'-s-adverse-
environmental effects -to a minimal level.
11

(2) For all NWP activities that require pre -construction notification and result in the loss
of greater than 1/2 -acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50,
51, and 52 activities that require pre -construction notification and will result iii the loss of -greater
than 300 linear feet of intermittent and ephemeral stream bed, and for all NWT 48 activities that
require pre -construction notification, the district engineer will immediately provide (e.g., via e-
mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMF S). With the exception of NWT 37,
these agencies will have 10 calendar days from the date the material is transmitted to telephone
or fax the. district engineer notice that they intend to provide substantive, site-specific comments.
The comments must explain why the agency believes the adverse effects will be more than.
minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar
days before making a decision on the pre -construction notification. The district engineer will
fully consider agency comments received within the specified time frame .concerning the
proposed activity's compliance'with the terms and conditions of the NWPs, including the need
for mitigation.to ensure the net adverse environmental effects to the aquatic environment of the
proposed activity are minimal. The district engineer will provide no response to the resource
agency, except as provided below. The district engineer will indicate in the administrative record
associated with each pre -construction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity may
proceed immediately in cases where there is. an unacceptable hazard. to life or a significant loss of
property or economic hardship will occur. The district engineer will consider any comments
received to decide whether the NWT 37 authorization should be modified, suspended, or revoked
in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where theprospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days.of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre -construction notifications to expedite agency coordination.
D. District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the. district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to. the public interest. For a linear
project, this determination will include an evaluation of the individual crossings to determine
whether they individually satisfy the terms and conditions of the NWP(s), as well as the
cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a
waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in.minimal adverse effects... When making_minimal_effects. determinations _the
district engineer will consider the direct and indirect effects caused by the NWP. activity. The
district engineer will also consider site specific, factors, such as the environmental setting in the
12

vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree
or magnitude .to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site-specific environmental concerns.
2. If the proposed activity requires, a PCN and will result in a loss of greater than 1/10-
acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation. for projects with smaller impacts. The
district engineer will consider any proposed. compensatory mitigation the applicant has included
in the proposal in determining whether the net adverse environmental effects to -the aquatic
environment of the proposed activity are minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse effects on the aquatic environment are
minimal, after considering mitigation, the district engineer will notify the permittee and include
any activity -specific conditions in the NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation'requirements must comply with the appropriate
provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan
before the permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation. If the prospective permittee
elects to submit a compensatory mitigation plan with the PCN, the district engineer will
expeditiously review the proposed compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45 calendar days of receiving a
complete PCN and determine whether the proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by. the district engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP, including any activity -specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer determines that the adverse effects of the proposed work are
more than minimal, then the district engineer will notify the applicant either: (a) That the project
does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an individual permit; (b) that the project. is authorized under the NWP
subject to the.applicant's submission of amitigation plan that -.would reduce.the adverse effects
on the aquatic environment to theminimal level; or (c) that the project is authorized under the
NWP with specific modifications or conditions: Where the dist -net engineer -determines. that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45 -day PCN period, with activity -specific
13

conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that
would reduce the adverse effects on the aquaticenvironment to. the minimal level. When
mitigation is required, no work in waters of the United States may occur until the district
engineer. has approved a specific mitigation pian or has determined that prior approval of a final
mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best mana ement ractices (BMWs)- Policies, practices, procedures, or structures
implemented to mitigate the adverse.environmental effects on surface water quality resulting
from development. BMWs are categorized as structural ornon-structural.
CgmpensgM mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable.adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with somemaintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource £unction(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water .for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or.biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment.results_in-a gain.in aquatic.resource.ama. _ .... _
High.Tide Line: The line of intersection.of.the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
14

of actual data, by,a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the geneial'h6ight reached by
a rising tide: The line encompasses spring'high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the.normat or
predicted reach of the tide due to the piling up of water against a coast by strong winds such as
those accompanying a hurricane or -other -intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure; or other object included in, or eligible for inclusion in, the National Register
of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,
records, and°remains that are related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria (36 CFR part 60).
Independent utili : A test -to determine what constitutes a single and complete non-linear
project in the Corps regulatory program. A -project is considered to have independent utility if it
would be constructed absent the construction of other projects in the project area. Portions of a
multi -phase -project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other.phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During. dry periods, intermittent streams
may not have flowing water. Runoff from rainfall 'is a supplemental source of water for stream
flow.
Loss of waters of the United. -States: Waters of the United States that are permanently
adversely affected by filling; flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material -that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre -construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 .CFR 328.3(b). Non -tidal
wetlands contiguous to tidal waters are -located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark -can be determined. Aquatic -vegetation within the area of standing or
15

flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line.on the shore
established by the fluctuations. of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for'most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: 'A request submitted by the project proponent to the Corps
for confirmation. that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information. about the proposed
work and its anticipated environmental effects. Pre -construction notification may be.required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction
notification may be voluntarily submitted in cases where, pre -construction notification is not
required and the project proponent wants confirmation.that the activity is.authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance• of aquatic resources.through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: Themanipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in .
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is"divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles: A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Riparian areas; Riparian areas are lands adjacent to streams, lakes,. and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
16

which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local"water quality.
(See general condition 23.)
Shellfish seedin : The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature -individual shellfish or individual
shellfish attached to shells or shell. fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into -waters for shellfish
habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers:that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects. crossing a single or multiple waterbodies
several times at separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
single and complete non-linear ro'ect: For non-linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of "independent
utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits
in an NW authorization.
Stormwater Management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater mana ernent facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
. Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream _channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
17

mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidalwetlan& A tidal wetland is a wetland..(i.e., water, of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR.328.3(f), respectively. Tidal waters rise and -fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured.in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d). '
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines: They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or
neighboring — to a waterbody determined to be a water of the United -States under 33 CFR
328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single
aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes,
ponds, and wetlands.
18

Final Regional Conditions 2012
NOTICE ABOUT WEB LINKSIN-THIS DOCUMENT: - -
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time of publication. However, the Wilmington District Regulatory
Program web page addresses, as with other agency web sites, may change over the timeframe of
thefive year Nationwide Permit renewal cycle, in response to policy mandates or technology
advances. While we will make every effort to check on the integrity of our web links and provide
re -direct pages whenever possible, we ask that you report any broken links to us so we can keep
the page information current and usable. We apologize in advanced for any broken links that
you may encounter, and we ask that you navigate from the regulatory home page (wetlands and
stream permits) of the Wilmington District Corps of Engineers, to the "Permits " section of our
web site tofind links for pages that cannot be found by clicking directly on the listed web link in
this document.
Final 2012 Regional Conditions for Nationwide Permits (NWP)`in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or-NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NW&
19

2.0 Waters Requiring Additional Notification
The Corps has ideritified waters that will be subject to additional notification requirements for
activities authorized by.all NWP's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within Waters of the U.S. that require a Pre -Construction Notification
pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below,
applicants must provide a copy of the PCN to.the US Fish and Wildlife Service, 160 Zillicoa
Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to Federally Endangered Species and the
following website for information on the location of designated critical habitat.
Counties with tributaries that drairi to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon Mecklenburg; Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provides
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
18 requirements: http://WWW.saw.usace.army.mil/wetlands/ESA.
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633:
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa.Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including ,Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
20

2.2 Special Designation Waters
Prior to the use of any NWP in any ofthe following identified waters "and,tontiguous wetlands in
North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN).
The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Inland Primary Nursery Areas"
(IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina
Environmental Management Commission; or "Primary Nursery Areas" (PNA)�as designated by
the North Carolina Marine Fisheries Commission.
2.3 'Constai Area Management Act (CAMA) Areas of Environmental Concern
Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) counties of Eastern North Carolina covered by the North Carolina. Coastal Area
Management Act (LAMA) must also obtain the required CAMA permit. Development activities
for non-federal projects may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington; NC 28403 or Washington Field Office — 2407
West 5th Street, Washington, NC 27889).
2.4 Barrier Islands
Prior to the use ofany NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 31 (PCN).
2,5 Mountain or Piedmont Bogs
Prior'to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment
Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31
(PCN), The latest version of NCWAM is located on the NC DWQ web site at:
http://portal.ncdenr.org-/wgb/wq/swp/ws/V-du/newam. .
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbcdies within the twenty-
five (25) designated trout counties of North Carolina, the.dpplicant shall comply with
Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
21

impacts to designated Trout Waters. Notification to the Corps of Engineers will include a .
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and,a plan to provide compensatory
mitigation for all unavoidable adverse impacts.to mountain trout waters.
NCWRC and NC Trout Counties
Western Piedmont Region
Coordinator
Alleghany
Caldwell
Watauga
20830 Great Smoky Mtn.
Ex resswa
Ashe
Mitchell
Wilkes
Waynesville, NC- 28786
Avery
Stokes
Swain
Telephone: [phone]
Burke
Surry
Transylvania
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, -NC 28786
Clay
Macon
Swain
Telephone. [phone]
Graham
I Madison
Transylvania
Fax: [phone]
Ha wood I
McDowell
Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total Iinear feet of perennial, intermittent or ephemeral stream, unless the District
Commander has waived the 300 liniear foot limit for ephemeral and intermittent streams on a
case-by-case basis and he determines that the proposed activity will result in minimal individual
and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear
feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the
loss of ephemeral and intermittent streams must be in writing and documented by
appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet
threshold for NWPs.
*NOTE: Applicants should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
http•//www saw usace.arm .mil/wetlands/permits/nwp/nwp2012 (see "Quick Links")
22

3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment.
For stream losses less than 150 linear feet, that require a PCN, the District Commander may
determine, on a case-by-case basis that compensatory mitigation is required to ensure that the
activity results in minimal adverse effect on the aquatic environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet;
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 31 (PCN)•. This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of theNWP
should be followed.
3.4 Restriction on Use of Live Concrete
For all N)NTs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete
shall only be returned to waters of the US when it is no longer poses a threat to aquatic
organisms.
3.5 Requirements for Using Riprap for Bank -Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to; granite, marl, or broken concrete.
23

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6 Safe Passage Requirements for Culvert Placement.. .
For all NWPs that involve the construction/installation of culverts, measures will be included in
the .construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed culvert
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be.determined from gage data, if available. In the
absence. of such data, bAnkfull flow can be usedas a comparable level.. .
In the -twenty (20).counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial .of
the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed-
within
lacedwithin the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC
as designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) 7.5 -minute quadrangle maps.
. ....... . .
UNO ,
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below.the- bed of the .stream.. _Culverts A8 -inches-.in.diameter- or -less. -shall -be buried or plaeed-oin -
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope.. The bottom of the culvert must be placed at a
24

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Culverts are to be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it.can be demonstrated that the proposal would result in the. least impacts to the
aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
r have to be buried.*
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such not shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office.A
Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. if
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued by the permittee.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counti6 defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
3.9 Sedimentation and Erosion Control Structures_ and Measures
3.9.1. All PCNs will identify and describe sedimentation and.erosion control structures and
measures proposed for placement in waters of the US. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.

R,
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #29 -Residential Developments.
4.1.1. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
4.1.2. Single-family recreational facilities are not authorized by this NWP. Recreational
facilities that are incorporated into serving an entire residential development can be authorized
by this NWP.
4.1.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway* resulting in permanent above -grade fills are not authorized by. this NWP. .
*NOTE: Floodway-The area designated and/or regulated by Federal, state, or local requirements
to provide for the discharge of the base flood so the cumulative increase in water surface
elevation is no more than a designated height identified by the regulating entity within the 100 -
year floodplain.
4.1.4. Discharges of dredged or fill material into waters of the US, including wetlands, within the
mapped FEMA 100 -year floodplain resulting in permanent above -grade fills are not authorized
by this NWP.
4.1.5. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defused by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
4.1.6. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it. is
necessary'to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
26

ATED
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
November 1, 2012
DWQ# 07-2082 V2
Mecklenburg County
Mr. Dave Ransenberg
11121 Carmel Commons Blvd., Ste. 350
Charlotte, NC 28226
Subject: Hwy 29 Project (Arwen Vista Apartments)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ransenberg:
You have our approval, in accordance with the attached conditions and those listed below, to impact 290
linear feet (If) of unnamed stream to Mallard Creek in order to develop the site in Mecklenburg County, as
described in your application received by the Division of Water Quality (DWQ) on October 3, 2012. This 401
Certification replaces the original 401 Certification for this project that was issued on January 30, 2008, and
has since expired.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3890, 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 29 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. Culverts placed in streams/wetlands shall be installed "in the dry". Immediately upon completion of the
installation, water flow shall be returned to its natural course. 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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
InterneC www.nmateraualitv.ora
An Equal Opportunity 1 A�,fiirmative Action, Employer
One
NofthCarolina
Natitrullm.

Page Two
3. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that
you wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem
Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The
EEP should be contacted at [phone] if you have any questions concerning payment into a
restoration fund.
You have 60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following compensatory mitigation
requirement:
4. Use 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.
5. 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.
6. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604y) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office (before the
impacts specified in this Certification occur. You have the option of using the Express Review Program
for expedited approval of these plans. If you propose to use the Express Review Program, remember to
include the appropriate fee with the plan. The storm water management plan must include construction
plans, specifications, storm water BMP worksheets, and supporting calculations. The storm water best
management practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Storm water Best
Management Practices Manual. These 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 subject 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 practices shall be
made without written authorization from the Division of Water Quality.
7. No waste, spoil, solids, or fill of any kind shall occur 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.
8. Sediment and erosion control measures 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.
Compensatory Mitigation
Required
River and Sub -basin Number
Stream
290 feet
Yadkin 3040105
Wetlands
acres
Waters
acres
4. Use 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.
5. 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.
6. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604y) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by this Office (before the
impacts specified in this Certification occur. You have the option of using the Express Review Program
for expedited approval of these plans. If you propose to use the Express Review Program, remember to
include the appropriate fee with the plan. The storm water management plan must include construction
plans, specifications, storm water BMP worksheets, and supporting calculations. The storm water best
management practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Storm water Best
Management Practices Manual. These 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 subject 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 practices shall be
made without written authorization from the Division of Water Quality.
7. No waste, spoil, solids, or fill of any kind shall occur 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.
8. Sediment and erosion control measures 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.

Page Three
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 40IMetlands 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.
10. Continuing Compliance. The applicant (Gateway Communities, LLC; Dave Ransenberg) 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. Michael Burkhard in the Mooresville Regional Office at
704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-733-9721.
;,Sincerely,
for Chuck Wakild
Attachment: Certificate of Completion Form
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
George Buchholz, John R McAdams Co., 2905 Meridian Pkwy., Durham 27713.
Central Files

Water Quality Certification No. 3890
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
NUMBERS 18 (MINOR DISCHARGES) 29 (RESIDENTIAL DEVELOPMENT),
39 (COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
41 (RESHAPING EXISTING DRAINAGE DITCHES)42 (RECREATIONAL FACILITIES),
_44 (MINING ACTIVITIES) AND 46 (DISCHARGES IN DITCHES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3890 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 026 .0200
for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are
not a part of the surface tributary system to interstate waters or navigable waters of the United
States as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 44, and 46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC
02B .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division' ):
a. Any impacts to streams involving excavation or dredging; or
b. Total stream impacts within the project boundaries equal to or greater than 150 linear feet
of stream, including temporary and/or permanent impacts; or
c. Any stream relocation; or
d. Any impact associated with a high density project (as defined in Item (A)(iv) of the 401
Stormwater Requirements) that is not subject to either a state stormwater program.(such
as, but not limited to, Coastal Counties, HQW, ORW or state -implemented Phase II
NPDES) or a certified community's stormwater program; or
e. Temporary or permanent impacts equal to or greater than one-tenth (1 /10) acre of wetlands
or open waters; or
f. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -I, WS -ll, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River; or
g. Any impacts to coastal wetlands [15A NCAC 07H .0205)], or Unique Wetlands (UWL) [15A
NCAC 02H .0506]; or
h. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of
DWQ Wetland Rulers (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200); or
i. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, or Catawba River Basins
or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed
with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application)
unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization
Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for
"ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur, Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site'.
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -1, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion contro! devic--s in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
4. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This'Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
http://portal.hcdenr.org/web/wq/ws/su/npdessw#.tab-w .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activitiesr within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twerty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3890

Water Quality Certification No. 3899
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259,
.0243, .0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Bridge deck drains shall not discharge directly into the stream. Storrnwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
11. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and/or plastic twine shall not be used in
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual. Rip -rap, A -Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as "Attachment A" at the end of this
Certification
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent'of the culvert diameter for culverts having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvenes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division Including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction, of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All temporary pipes/ culverts/ riprap pads etc, shall be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
or cause dis-equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained, Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
17. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
18. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
19. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters, or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots whichever is appropriate. A
sample deed notification can be downloaded from the 401/ Wetlands Unit web site at
http://portal ncdenr.orq/web/wq/swp/ws/401/certsandpermitslap�ly/forms. The text of the
sample deed notification may be modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
21. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
24. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
25. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
26. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
27. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3890

Water Quality Certification No. 3800
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Dr:ts,on of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P. E.
Director
History Note: Water Quality Certification (WQC) Number 3890 issued March 19, 2012 replaces
WQC Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007; WQC 3402
issued March, 2003; WQC Number 3362, issued March 18, 2002; WQC 3287, issued June 1,
2000; WQCs 3106 and 3108 issued February 11, 1997. This Water Quality Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide or
Regional Genual Permits and/or when deemed appropriate by the Director of the Division of
Water Quality.
Water Quality Certification No. 3890

Water duality Certification No. 3890
Attachment A: 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Wetland Stormwater Requirements.I
A. Design and Implementation Requirements. All projects, regardless of project area,
amount of built -upon area or amount of jurisdictional impact, shall meet the following
stormwater design requirements:
i. Non -Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge at a non-erosive velocityprior to
entering the stream or wetland during the peak flow from the ten-year storm.
ii. Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacent to
streams, rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top -of -bank of streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may contain
coastal, isolated or 404 jurisdictional wetlands. Non -jurisdictional portions of the
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant material.3
iii. Construction and Operation. The stormwater management plan must be constructed
and operational before any permanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage patterns, must be
maintained in perpetuity.'
iv. Coordination with Other Stormwater Programs. Projects that are subject to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
Coastal Counties, HQW, ORW or state -implemented Phase II NPDES, or a Certified
Community's stormwater management program, must be constructed and maintained in
compliance with the approved stormwater management plan.5
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DWQ stormwater program or a Certified
Community's stormwater program shall meet all of the following requirements:
a. Low Density. A site is low density if all the following requirements are met:
1. The development has a built upon area of twenty-four percent (24%) or less,
considering both current and future development. When determining the amount
of built upon area, coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in North Carolina's Schedule of Classifications shall be
excluded. If a portion of project has a density greater than 24%, the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable.6
2. All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recent version of
the NC DWQ Stormwater Best Management Practices Manual. Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No. 3890

Water Quality Certification No. 3800
equal or better water quality protection than the practices specified in the manual.
The project must not include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B .0202(60).7
b. High Density. Projects that do not meet the Low Density requirements shall meet
the following requirements:
1. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs) that are designed to remove eighty-five percent (85%) of the
average annual amount of Total Suspended Solids (TSS). Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30%) of Total Nitrogen (TN) and Total Phosphorus (TP).8
2. All BMPs must be designed in accordance with the version of the NC DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal. Alternative designs may be approved if
the applicant can show that the design provides equal or better, water quality
protection than the practices specified in the manual.
3. DWQ may add specific stormwater management requirements on a case-by-
case basis in order to ensure that a proposed activity will not violate water quality
standards.10
4. DWQ may approve Low Impact Developments (LIDS) that meet the guidance set
forth in the Low impact Development: A Guidebook for North Carolina."
5. Proposed new development undertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1)-(4) above. 12
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
1650 Mail Service Center, Raleigh, NC 27699-1650.
i. Projects that are Subject to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HQW,
ORW or state -implemented Phase II NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site. 13
ii Projects that. are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site.
iii. Projects Not Covered Under Items (i) or (ii). If the project is not subject to another
DWQ Stormwater Program or a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process.
a. Low Density. For low density projects, the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required items.
Water Quality Certification No. 3890 10

Watar Quality Certification No. 3890
b. High Density. For high density projects, the applicant shall submit two copies of a
DWQ BMP Supplement Form and all required items at the specified scales for each
BMP that is proposed.13
iv. Phasing. Stormwater management plans may be phased on a case-by-case basis, with
the submittal of a final stormwater management plan per Items (i) -(iii) above required for
the current phase and a conceptual stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced. The approved
stormwater management plan for each•future phase must be constructed and operational
before any ° permanent building or other structure associated with that phase is
occupied.
v. Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details anc, calculations with documentation of
the local government's approval for record-keeping purposes. If the project is subject to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii) above for any BMPs that have been modified for DWQ's review and
approval.ls
1 The stormwater requirement for 401 applications is codified in 15A NCAC 02H .0506(b)(5) and
(c)(5).
2 Non erosive discharge rates are required in SL 2008-211§2(b)(1). The 10 -year design storm
standard is codified in 15A NCAC 02H .1008(f)(2) and .1008(g)(1). 15A NCAC
3 30 -foot vegetated setbacks are required in SL 2006-246§9(d), SL 2008-211 §2(b),
02H .1006(2)(c) and .1007(1)(a).
4 Construction and maintenance of the stormwater plan is necessary to satisfy 15A NCAC 02H
.0506(b)(5).
5 Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
5 Low density built upon area thresholds are set in SL 2006-246§9(c) and SL 2008-211 §2(b).
The requirement for low density development to use vegetated conveyances is codified in SL
2006-246§9(c), SL 2008-211§2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The stormwater
BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) rind .0277(4)(e).
a 85% TSS removal is required in SL 2006-246§9(d), SL 2008-21'1§2(b), 15A NCAC 02H
.1006(2)(c), 15A NCAC 02H .1007(1)(a): The 30% TN and TP removal requirements for NSW
waters are set forth in 15A NCAC 026 .0232, 15A NCAC 02B .0257(a)(1), 15A NCAC 02B
.0265(3)(a) and 15A NCAC 02B .0277(4).
9 The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(e).
10 The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H .0506-
11 The LID Toolbox is also referenced in 15A NCAC 02B .0277(4)(g).
12 The term "public road project" is defined in15A NCAC 02B .0265(3)(a).
13 Conveys application procedure to streamline the permitting process.
14 Phased development is addressed as a "common plan of development" in 15A NCAC 02H
.1003(3).
15 Procedures for modifying stormwater plans are set forth in 15A NCAC 02H .1011.
Water Quality Certification No. 3890 11

Amount: $71,050.00 Sequence Number: 1492392160
Account: 685838664 Capture Date: 04/02/2008
Bank Number: 05300019 Check Number: 18509
18509
GATEWAY HOMES, LLC
D & D HOMES, LLC BANK OF AMERICA
11121 CARMEL COMMONS BLVD., SUITE S50 02992 NC
CHARLOTTE, NO 28226 66-19-530 .
PHONE [phone]
PAY' Seventy-one Thousand, Fifty Dollars and 00 cents. ATE AMOUNT
Mar. 14, 2008 ****$71,050.00
TO THE NCEEP
OFDER 1652 Mail Service Center
Raleigh, NC 27699-1652
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