20080121 Ver 1_401 Application_20080108

Letter of Transmittal
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273
[phone]
[phone] fax
Ms. Cyndi Karol
North Carolina Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh North Carolina 27604-2260
WE ARE SENDING YOU
^ Shop drawings
^ Copy of letter
DATE: 1.10.08 JOB NO: 1357-OS-422A
ATTENTION: Ms. Cyndi Karoly
RE: Ridge Road Middle School
1
~~~
® Attached ^ Under separate cover via
^ Prints ^ Plans ^ Samples
^ Report ®Copy of PCN
the following items:
^ Specifications
COPIES DATE NO DESCRIPTION
1 1.10.08 5 Copy of PCN
THESE ARE TRANSMITTED AS CHECKED BELOW:
® For your records ^ For your use and approval
^ As requested ^ For review and comment ^
^ FOR BIDS DUE: _/_/_ ^ PRINTS RETURNED AFTER LOAN TO US
REMARKS: Please let us know if you have any Questions regarding the above. Thank you -Joey Lawler
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COPY TO: CMS, Mr. Paul Ornelas SIGNED:
USACE, Mr. Steve Chapin
Site Solutions, Mr. Brian Canella
File
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally
privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you
are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited.
S&ME SFG-001
(Rev. 04/04)

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January 9, 2008
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Chapin
Reference: Nationwide Permit No. 39 Application
Ridge Road Middle School
Charlotte, North Carolina
USACE Action ID No. 200330427
S&1VIE Project No. 1357-OS-422A
Dear Mr. Chapin:
S&ME
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S&ME, Inc. (S&ME) is pleased to submit this application for impacts to waters of the
U.S. in accordance with U.S. Army Corps of Engineers (USACF,) Nationwide Permit
(NWP) No. 39. S&ME is working on behalf of Charlotte-Mecklenburg Schools (CMS),
who will be considered the applicant for this perrrtit. Please find enclosed the following:
Figures: Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), 2005
Aerial Photograph (Figure 3), Waters of the U.S. Map (Figure 4), Site Plan
(Figure 5) and Impact Areas 1 and 2 (Figures 6A and 6B)
Appendix I: Completed Pre-Construction Notification (PCN) and signed Agent
Authorization Form
Appendix II: Copy of January 30, 2003 Notification of Jurisdictional Determination
(JD) and approved JD form
Appendix III: Copy of April 4, 2005 USACE Permit Verification letter
Appendix IV: Site Photographs
Appendix V : Copies of Agency correspondence
A check of $570 -North Carolina Division of Water Quality (DWQ) application fee.
PROJECT BACKGROUND
For purposes of this PCN, the project is referred to as Ridge Road Middle School, and is
located on part of an approximately 51.7-acre tract north of Ridge Road and south of
Highland Creek Parkway in Charlotte, North Carolina (35.3756°N 80.7622°W).
S&ME, INC. / 9751 Southern Pine Boulevard /Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com

`"~ "' ' Nationwide Permit No. 39 Application S&ME Project No. 1357-05-422A
Ridge Road Middle School January 9, 2008
Provided in Table 1 is a list of current information relating to the site and permit
applicant:
Table 1: Project Information Summary
A licant: Charlotte-Mecklenbur Schools
3301 Stafford Drive
Mailing Address: Charlotte, North Carolina 28208
Attention: Mr. Paul Ornelas
Desi n Mana er
Tele hone Number: 980.343.4$$4
North of Ridge Road and south of Highland Creek
Address of Project: Parkwa in Charlotte, North Carolina
Phase I: (Previously permitted) - 19 acres
Size of Project Area: Phase II: Current Phase - 32.7 acres
UT to Clarke Creek
Closest Waterway: DWQ Index No. 13-17-4, Class C
River Basin: Yadkin-Pee Dee
Count : Mecklenbur
Coordinate Location 35.3756°N 80.7622°W
of Site:
USGS Quadran le: Cornelius, N.C. 1993 and Derita, N.C. 1993
To facilitate staged construction, the proposed project was originally broken into two
phases. Phase I consisted of construction of Highland Creek Elementary School and its
associated support facilities on an approximately 19-acre portion of the property. The
elementary school opened in August 2006. Phase II involves construction of Ridge Road
Middle School on a portion of the remainder of the site.
Jurisdictional areas associated with Phase I of the project were delineated by others in
December 2002 and January 2003. The jurisdictional boundaries were subsequently
mapped by a registered land surveyor, and approved by the U.S. Army Corps of
Engineers (USACE) on January 30, 2003. The remaining on-site wetlands (those
associated with Phase II) were delineated by S&ME in Mazch and Apri12005 and
subsequently mapped by a registered land surveyor. Ms. Amanda Jones with the USACE
verified the delineation during an October 12, 2005 on-site meeting, but did not provide
an additional Notification of JD letter. On-site streams and proposed project plans were
subsequently evaluated by Mr. Alan Johnson with DWQ during an October 20, 2005 on-
site meeting. Jurisdictional areas within the overall property (including both Phase I and
Phase II) consist of four wetland azeas and two streams. A copy of the January 30, 2003
Notification of JD, along with an approved JD form for Stream 1 and Wetlands C, are
included in Appendix II.
Impacts originally associated with Phase I were limited to 1441ineaz feet (lf) of an on-site
stream, the result of pipe and riprap placement within the affected channel (USACE
Action ID No. 200330427). These impacts were necessary to construct aroad-crossing
of Stream 1 to provide access to the building site. No other on-site jurisdictional areas
2

"~ ~ Nationwide Permit No. 39 Application S&ME Project No. 1357-05-422A
Ridge Road Middle School January 9, 2008
were impacted as a result of Phase I. A copy of the previous permit authorization letter is
included in Appendix III.
Phase II was originally to involve impacts to wetland areas that would necessitate
acquisition of an Individual Permit (IP) from the USACE. Shortly thereafter, the project
was placed on hold by CMS, and S&ME did not perform additional work pursuant to
obtaining the IP. Since that time, the project has been re-designed to avoid much of the
aforementioned wetland impacts. However, because DWQ is requiring that stormwater
management for the site be redesigned to comply with the requirements specified by the
latest version of Stormwater Management Plan Requirements for Applicants other than
the North Carolina Department of Transportation, two existing stormwater basins
located within Phase I of the project must be reconfigured as a single basin to meet the
specified requirements. As a result, additional intermittent stream located between the
two existing basins, previously targeted for preservation, will be impacted.
SITE CONDITIONS
The project area is bordered by Highland Creek Parkway to the north, Ridge Road to the
south, Street Avenue to the east and Shelly Avenue to the west. The northwest portion of
the project area is developed with Highland Creek Elementary School. Generally,
undeveloped portions of the project area consist of wooded areas and open fields.
Wooded areas were dominated by white oak (Quercus alba), willow oak (Q. phellos), red
maple (Ater rubrum), Northern red oak (Q. rubra), shortleaf pine (Pinus echinata), and
loblolly pine (P. taeda) in the canopy. The subcanopy primarily consists of Eastern red
cedar (Juniperus virginiana), shagbark hickory (Carya ovata), and American beech
(Fagus grandifolia). Open fields in the project area were dominated by loblolly pine and
Eastern red cedar saplings, as well as broomsedge (Andropogon elliotii), downy oat grass
(Danthonia sericea), and needle grass (Stipa avenacea). Photographs taken during the
2005 delineation of the project area that depict typical conditions within undeveloped
portions of the site are included in Appendix IV.
The vicinity is comprised primarily of vacant land and residential development. Smaller
areas of mixed use, light-industrial and commercial development are also present within
the larger vicinity.
The proposed project area is located within the Yadkin-Pee Dee River Basin Hydrologic
Unit Map number 03040105. The project area is more specifically included within sub-
basin 3-07-11 (YAD11), which is comprised of the upper Rocky River watershed.
ON-SITE JURISDICTIONAL AREAS
Wetlands
On-site jurisdictional wetlands are limited to four areas (Wetlands A through D), and are
summarized in Table 2.

L ~ Nationwide Permit No. 39 Application S&ME Project No. 1357-05-422A
Ridqe Road Middle School January 9, 2008
Table 2: On-Site Wetlands
Wetland
Ip Jurisdictional Status Wetland Type On-site Area
Acre
A Adjacent to Stream 2 Forested 0.71
B Adjacent to Stream 2 Forested 0.02
C .Adjacent to Stream 1 Forested/Scrub-
shrub 2.02
D Adjacent to Stream 1 Forested 0.05
Total On-site Wetlands: 2.80
Typical forested wetlands in the project area were dominated by willow oak, red maple,
tulip tree (Liriodendron tulipifera) and sweetgum (Liquidambar styracijlua) in the
canopy, with swamp rose (Rosa palustris) in the understory. Japanese honeysuckle
(Lonicera japonica) and poison ivy (Toxicodendron radicans) were the dominant vines.
The on-site wetlands are associated with the xeric hardpan community type. This
community type has a clay hardpan beneath the ground surface that prevents rapid
drainage of surface water after rain events. Additionally, the soil type in these areas has a
high shrink/swell capacity, so that during wet periods the soil expands and may hold
water for extended periods. Conversely, upon drying out, the soil shrinks, resulting in
cracks.
Streams
Streams 1 and 2 are considered relatively-permanent waters (1tPV~ with seasonal
(intermittent) flow, and are summarized in Table 3.
Table 3: On-Site Streams
Stream ID Jurisdictional Status Flow Re ime On-site Len th I
1 RPW Perennial 25
Intermittent 373
2 RPW Intermittent 246
Total On-sit e Stream Len the 644
As mentioned previously, approximately 1441f of the intermittent portion of Stream 1
was impacted previously in connection with construction of a permanent road crossing
during Phase I. The perennial portion of Stream 1 is located downstream (north) of an
existing pipe near the northern property boundary. The intermittent portion of Stream 1
is located upstream (south) of the pipe and between two existing stormwater basins.
Stream 2 is an unnamed tributary with intermittent flow that drains west to its confluence
with Stream 1 just upstream of the existing pipe. Stream 2 was not impacted in
connection with construction of Phase I.
PROJECT DESCRIPTION
The proposed project entails construction of a new middle school. Construction of the
school will include atwo-story building, associated parking, sidewalks, a sports track,
football field and three grassed ballfields.
4

~~'~" Nationwide Permit No. 39 Application S&ME Project No. 1357-05-422A
Ridge Road Middle School January 9, 2008
Construction of the middle school is required to accommodate CMS enrollment, which
currently exceeds the capacity of existing facilities. The Long Range School Facilities
Master Plan identified the greater project vicinity as in need of additional public
educational facilities, mainly due to the presence of nearby Highland Creek Subdivision,
one of the largest residential communities in Mecklenburg County. Currently, area
students are attending nearby Alexander Middle School and Martin Middle School which
are already experiencing over-crowding and anticipating projected growth. The proposed
facilities will provide much needed capacity in an area of Mecklenburg County that has
experienced rapid growth in recent years, and that continues to exhibit steady residential
development.
PROPOSED JURISDICTIONAL IMPACTS
Construction of the proposed middle school will result in permanent impacts to
approximately 0.34 acre (14,810 square feet) of Wetland C and approximately 315 if
(945 square feet) of intermittent, unimportant stream channel. The project will not result
in impacts to Stream 2, Wetlands A, B and D or the remainder of Wetland C (1.68 acres).
Project-wide impacts are summarized in Tables 4 and 5 below:
Table 4: Impacts to On-site Wetlands
Wetland ID T e of Im act Amount of Im act acre
A N/A 0
B N/A 0
C Fill lacement 0.34
D NIA 0
Total On-s ite Wetland Im acts: 0.34
Impacts to Wetland C are required to facilitate construction of the proposed athletic track,
and are depicted on Figure 6A. Because of the location of other proposed school
facilities and on-site wetland areas, the athletic track cannot be relocated such that the
proposed impacts to Wetland C are avoided.
Project-wide-impacts to on-site streams are detailed in Table 5.
Table 5: Impacts to On-site Streams
Stream ID T e of Im act Amount of Im act I
1 Excavation/Fillin 315
2 N/A 0
Total On-site Stream Im acts: 315
Impacts to Stream 1 are required to retrofit two adjacent stormwater "dry" ponds to
comply with current DWQ stormwater requirements and for parking adjacent to the
middle school. The dry ponds were originally designed to reduce impacts to Stream 1,
which flows between the two ponds. The ponds were designed to meet the requirements
of the City of Charlotte, and at the time of their construction, water quality criteria were
not required. Since that time, DWQ has determined that on-site stormwater management
must be redesigned because the project site contains drainage areas where impervious
cover exceeds 24 percent. Accordingly, the only viable option is to expand and connect

• Nationwide Permit No. 39 Application S&ME Project No. 1357-05-422A
Ridge Road Middle School January 9, 2008
the two existing "dry" ponds into one "wet" pond that will meet DWQ water quality
criteria.
PROTECTED SPECIES AND HISTORIC PROPERTIES
Federally-Protected Species
S&ME conducted a search of the North Carolina Natural Heritage Program (NCNHP)
database to identify element occurrences (EOs) of federally-protected species within a
one-mile radius of the subject property. Results of the database search indicated that
there are no documented element occurrences within aone-mile radius of the project
area. In connection with previous work on the site, scoping letters were forwarded to the
NCNHP and the U.S. Fish and Wildlife Service (USFWS) requesting comments on the
proposed project. The NCNHP responded with a January 7, 2005 letter stating that there
were no records of rare species within a 0.5-mile radius of the site. The USFWS later
responded with an August 9, 20071etter stating that suitable habitat for the federally
endangered Schweinitz's sunflower (Helianthus schweinitzii) may be located within the
proposed project site. Copies of the NCNHP and USFWS response letters are included in
Appendix V of this application.
S&ME conducted field review of the project area on January 24 and February 4, 2005 to
determine if appropriate habitat for protected species was present. The scope of the field
review did not include sampling for aquatic species. No protected species were observed
during field review, and it is our opinion that the proposed project will not affect
federally protected species known to occur within Mecklenburg County.
Historic Properties
In connection with the previous NWP, S&ME provided the North Carolina State Historic
Preservation Office (SHPO) with a scoping letter requesting comment on the proposed
project. SHPO responded with a March 9, 20051etter stating that they had no comment
on the proposed project. A copy of the SHPO response is included in Appendix V of this
application.
AVOIDANCE AND MINIMIZATION
Impacts associated with the project have been minimized to the extent practicable. The
middle school was originally designed as a one-story building, and impacts to on-site
wetlands would have exceeded two acres, requiring preparation of a State Environmental
Policy Act Environmental Assessment (SEPA EA) and IP application. The project
designer, FWA Group, then re-designed the CMS middle school prototype as a two-story
building which allowed the athletic fields to be reconfigured such that a majority of
Wetland C was avoided. With the exception of the aforementioned impacts, the
remainder of Wetland C (approximately 1.68 acres) will be avoided, along with Wetlands
A, B and D in their entirety (0.78 acre total). Similarly, approximately 83 if of Stream 1
and all of Stream 2 (246 lf) will be avoided.
No wastes, spoils, solids or fills will be placed within waters or riparian areas beyond the
limits of those depicted in this PCN application. Appropriate sediment and erosion
control practices equaling those outlined in the most recent version of the "North

Nationwide Permit No. 39 Application S&ME Project No. 1357-05-422A
Ridge Road Middle School January 9, 2008
Carolina Sediment and Erosion Control Planning and Design Manual" will be required as
part of the project specifications that govern the proper design to meet appropriate
turbidity water quality standards.
WATER QUALITY
As detailed previously, DWQ determined that because the project includes drainage areas
where impervious surface cover exceeds 24 percent, existing Stormwater management
facilities at the site must be reconfigured to comply with the specifications identified in
the latest version of the DWQ publication Stormwater Management Plan Requirements
for Applicants other than the NCDOT. Site Solutions will prepare and submit the
modified Stormwater management plan to DWQ.
MITIGATION
The proposed project involves impacts to 0.34 acre of jurisdictional wetlands, and does
not entail impacts to perennial streams or intermittent streams that are considered
"mitigatable" by the USACE. CMS proposes to mitigate for the unavoidable loss of 0.34
acre ofnon-riparian wetlands through payment to the North Carolina Ecosystem
Enhancement Program (NCEEP). Please note that the original EEP acceptance letter that
CMS received in anticipation of impacts that were associated with the original site plan
has expired. S&ME renewed the application with EEP on January 6, 2008, but has not
yet received the acceptance letter.
We do not anticipate that our client will be required to provide additional compensatory
mitigation.
CLOSING
By copy of this correspondence and completed PCN, we are requesting your acceptance
of this permit application. Your timely response to this PCN is appreciated, and if we can
provide additional information or answer questions you may have, please feel free to
contact us.
Sincerely,
S&ME
~_
Joey a .S.
Natural Resources Project Manager
Lisa J. Beckstrom, C.E., C.`'V.B.
Natural Resources Department Manager
Senior Reviewer
Attachments
cc: Mr. Paul Ornelas, CMS
Mr. Brian Canella, Site Solutions
Ms. Cyndi Karoly, DWQ Central Office

FIGURES
FIGURE 1
FIGURE 2
FIGURE 3
FIGURE 4
SITE VICINITY MAP
USGS TOPOGRAPHIC MAP
2005 AERIAL PHOTOGRAPH
APPROXIMATE WATERS OF THE U.S.
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DATE: SITE VICINITY MAP No.
01-07-08
Ridge Road Middle School
DRAWN BY: DDH . - ~ Charlotte North Carolina
ECKED BY: L.16 PROJECT NO: 1357-05-422A ~

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DATE: #S&ME 2005 AERIAL PHOTOGRAPH No.
Ot-07-08
Ridge Road Middle School
DRAWN BY: DDH Charlotte, North Carolina
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;NECKED BY: WB PROJECT NO: 1357-05-422A ,

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ATE: 01-07-08
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DECKED BY: LAB PROJECT NO: 1357-t)5-422A

4
APPENDIX 1
COMPLETED PRE-CONSTRUCTION
NOTIFICATION AND SIGNED AGENT
AUTHORIZATION FORM
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Office Use Only: Form Version March OS
0E-0121
USACE Action ID No. DWQ No.
(Tf anv narticnlar item is not annlicahle t~ this nroiect_ please enter "Not Applicable" or "N/A".l
I.
Processing
-~' - -
II.
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ®N/A
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^ N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^ N/A
Applicant Information
Charlotte, North Carolina 28208 ~ ~~' `~~'~~
Attention: Mr. Paul Ornelas ~ _ '~
/'~~ ~ ~ 2008
Telephone Number: 980.343.4884 Fax Number:
E-mail Address: N/A ~^criAi:~~;~_~!~±~'~OR'V',Y.~:aTE~t~<<n~'ct~
1. Owner/Applicant Information
Name:. Charlotte-Mecklenburg Schools (CMS)
Mailing Address: 3301 Stafford Drive
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
3.
Name: Joey Lawler, P.W.S.
Company Affiliation: S&ME, Inc.
Mailing Address: 9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Telephone Number: 704-523-4726 Fax Number: 704-525-3953
E-mail Address: [e-mail]
Page ] of 10

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Road Middle School
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 02947101 and 0247201
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
From I-85 take the Mallard Creek Church Road Exit heading west (Exit 46B).
Continue straight on Mallard Creek Church Road until it becomes Prosperity Church
Road. Turn right onto Ridge Road. Turn left onto Shelley Avenue at fire station.
Project site is on the right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3756°N 80.7622°W
6. Property size (acres): The project area is approximately 51.7 acres.
Name of nearest receiving body of water:
UT to Clarke Creek - DWQ No. 13-17-(4), Class C
7.
8. River Basin: Yadkin Pee-Dee
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 10

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The project area is bordered by Highland Creek Parkway to the north, Ridge Road to
the south, Street Avenue to the east and Shelly Avenue to the west. The northwest
portion of the project area is developed with Highland Creek Elementary School.
Generally, undeveloped portions of the project area consist of wooded areas and open
fields. Wooded areas were dominated by white oak (Quercus alba), willow oak (Q.
phellos), red maple (Ater rubrum), Northern red oak (Q. rubra), shortleaf pine (Pines
echinata), and loblolly pine (P. taeda) in the canopy. The subcanopy primarily consists
of Eastern red cedar (Juniperus virginiana), shagbark hickory (Carya ovata), and
American beech (Fagus grandifolia). Open fields in the project area were dominated by
loblolly pine and Eastern red cedar saplings, as well as broomsedge (Andropogon
elliotii~, downy oat grass (Danthonia sericea), and needle grass (Stipa avenacea). The
site contains two streams and four wetland areas. The vicinity is comprised primarily
of vacant land and residential development. Smaller areas of mixed use, light-industrial
and commercial development are also present within the larger vicinity.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project entails construction of a new middle school. Construction of the
school will include atwo-story building, associated parking, sidewalks, a sports track,
football field and three grassed ballfields. Industry-standard earth moving and
construction equipment will be used to construct the project.
11. Explain the purpose of the proposed work:
Construction of the middle school is required to accommodate CMS enrollment, which
currently exceeds the capacity of existing facilities. The Long Range School Facilities
Master Plan identified the greater project vicinity as in need of additional public
educational facilities, mainly due to the presence of nearby Highland Creek
subdivision, one of the largest residential communities in Mecklenburg County.
Currently, area students are attending nearby Alexander Middle School and Martin
Middle School which are already experiencing over-crowding and anticipating
projected growth. The proposed facilities will provide much needed capacity in an
area of Mecklenburg County that has experienced rapid growth in recent years, and
that continues to exhibit steady residential development.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
Page 3 of 10

list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
To facilitate staged construction, the proposed project was originally broken into two
phases. Phase I consisted of construction of Highland Creek Elementary School and its
associated support facilities on an approximately 19-acre portion of the property. The
elementary school opened in August 2006. Phase II involves construction of Ridge Road
Middle School on a portion of the remainder of the site.
Jurisdictional areas associated with Phase I of the project were delineated by others in
December 2002 and January 2003. The jurisdictional boundaries were subsequently
mapped by a registered land surveyor, and approved by the U.S. Army Corps of Engineers
(USAGE) on January 30, 2003. The remaining on-site wetlands (those associated with
Phase I17 were delineated by S&ME in March and Apri12005 and subsequently mapped by
a registered land surveyor. Ms. Amanda Jones with the USAGE verified the delineation
during an October 12, 2005 on-site meeting, but did not provide an additional Notification
of JD letter. On-site streams and the proposed project plans were subsequently evaluated
by Mr. Alan Johnson with the North Carolina Division of Water Quality (DWQ) during an
October 20, 2005 on-site meeting. Jurisdictional areas within the overall property
(including both Phase I and Phase II) consist of four wetland areas and two streams. A
copy of the January 30, 2003 Notification of JD, along with approved JD forms, is included
in Appendix IL
Impacts originally associated with Phase I were limited to 144 linear feet (lf) of an on-site
stream, the result of pipe and riprap placement within the affected channel (USAGE Action
ID No. 20033042. These impacts were necessary to construct aroad-crossing of Stream 1
to provide access to the building site. No other on-site jurisdictional areas were impacted
as a result of Phase I. A copy of the previous permit authorization letter is included in
Appendix III.
Phase II was originally to involve impacts to wetland areas that would necessitate
acquisition of an Individual Permit (IP) from the USAGE. Shortly thereafter, the project
was placed on hold by CMS, and S&ME did not perform additional work pursuant to
obtaining the IP. Since that time, the project was re-designed to avoid much of the
aforementioned wetland impacts. However, because DWQ is requiring that stormwater
management for the site be redesigned to comply with the requirements specified by the
latest version of stormwater Management Plan Requirements for Applicants other than the
North Carolina Department of Transportation, two existing stormwater basins located
within Phase I of the project must be reconfigured as a single basin to accommodate the
necessary modifications required. As a result, additional intermittent stream located
between the two existing basins, previously targeted for preservation, will be impacted.
Page 4 of 10

V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
We do not anticipate that the proposed project will result in future impacts to
jurisdictional areas beyond those described in this application, or require additional
USAGE permits.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
Placement of fill material within 315 of intermittent stream and 0.34 acre of wetlands in
connection with construction of Ridge Road Middle School.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within
100-year Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, Floodplain? Nearest Stream Impact
(Figure 6A) herbaceous, bog, etc.) (yes/no) (linear feet) (acre)
1 Fill Placement Forested No 650 0.34
Total Wetland Impact (acre) 0.34
3. List the total acreage (estimated) of all existing wetlands on the property:
2.80 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
Page 5 of 10

plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
PIRMAN[;NT 1~1PACTS
~
. Perennial or Average Impact Area of
Stream Impact ID Stream Name Type of Impact Intermittent? Stream Width Length Impact
Before Im act linear feet acre
Stream 1 (Figure UT Excavation/fill Intermittent 3 315 0.02
6B)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.02
Wetland Impact (acres): 0.34
Open Water Impact (acres): 0.00
Total Impact to Waters of the U.S. (acres) 0.36
Total Stream Impact (linear feet): 315
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE. N/A
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
Page 6 of 10

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts associated with the project have been minimized to the extent practicable. The
middle school was originally designed as a one-story building, and impacts to on-site
wetlands would have exceeded two acres, requiring preparation of a State Environmental
Policy Act Environmental Assessment (SEPA EA) EA and IP application. FWA Group
then re-designed the middle school as a two-story building which allowed the athletic fields
to be reconfigured such that a majority of Wetland C was avoided. With the exception of
the aforementioned impacts, the remainder of Wetland C (approximately 1.68 acre) will be
avoided, along with Wetlands A, B and D in their entirety (0.78 acre total). Similarly,
approximately 831E of Stream 1 and all of Stream 2 (2461f) will be avoided.
No wastes, spoils, solids or fills will be placed within waters or riparian areas beyond the
limits of those depicted in this PCN application. Appropriate sediment and erosion control
practices equaling those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" will be required as part of
the project specifications That govern the proper design to meet appropriate turbidity
water quality standards.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
Page 7 of 10

lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Cazolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/lineaz feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed project involves impacts to 0.34 acre of jurisdictional wetlands, and does
not entail impacts to perennial streams or intermittent streams that are considered
"mitigatable" by the USACE. CMS proposes to mitigate for the unavoidable loss of
0.34 acre ofnon-riparian wetlands through payment to the North Carolina Ecosystem
Enhancement Program (NCEEP). Please note that the original EEP acceptance letter
that CMS received in anticipation of impacts that were associated with the original site
plan has ezpired. S&ME renewed the application with EEP on January 6, 2008, but
has not yet received the acceptance letter.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they aze will to accept payment for the mitigation must be attached to this form. For
additional information regazding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): Not Required
Amount of buffer mitigation requested (squaze feet): Not Required
Amount of Riparian wetland mitigation requested (acres) Not Required
Amount ofNon-riparian wetland mitigation requested (acres): 0.5 Acre
Amount of Coastal wetland mitigation requested (acres): Not Required
IX.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require prepazation of an environmental document pursuant to the
requirements of the National or North Cazolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^ N/A
Page 8 of 10

3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(s uare feet Multiplier Required
Miti ation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 1 SA NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
DWQ determined that because the project includes drainage areas where impervious
surface cover exceeds 24 percent, existing stormwater management facilities at the site
must be reconfigured to comply with the specifications identified in the latest version of the
Page 9 of 10

DWQ publication Stormwater Management Plan Requirements for Applicants other than
the NCDOT. The project civil engineer, Site Solutions, will prepare and submit the
modified stormwater management plan to DWQ.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will be served by municipal sanitary sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
project as proposed will be constructed in compliance with the applicable general, specific
and regional conditions of NWP-12 and NWP-39. As such, cumulative and secondary
impacts are not anticipated.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
None
~l ~~
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10

AGENT AUTHORIZATION FORM
Date: ~~i/U~q'fZY d8~ ~OD~

Pro-ect ~ntormation
S&ME Project Name:
Type of Project:
Location:
Ridge Road Middle School
NWP No. 39
Charlotte, North Carolina
Property Owner/Representative Information
Business Name:
Mailing Address:
City, State, Zip Code:
Telephone No.
Contact:
Gh,~'2LOT~ ~'~I,~GIcl~l1/l.~y
C~i~RGD ~ , /UG G9' 2 D
j9~3o~ .3 l.3 - b ~ ~'¢-
~. Agent Information
Business Name:
Street Address:
City, State, Zip Code:
Telephone No.
Contact:
Authorization:
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273
704.523.4726 - - _~-_-- ---
Mr. Joey Lawler, P.W.S. ~,
I
©~
on behalf of
(Contact Signature)
GAS ,~~~~~ D~ ~U~~~~ hereby authorize
(Name of Landowner or Permittee)
S&ME to act as agent with the USACE in connection with the
above-mentioned project.

APPENDIX II
COPY OF JANUARY 30, 2003 NOTIFICATION OF
JURISDICTIONAL DETERMINATION AND
APPROVED JD FORM

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i
APPROVED JURISDICTIONAL DETERMINATION FORM l IV~~' v `
U.S. Army Corps of Engineers ~(~
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. ~ V ~ v~`v
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Mecklenburg City: CHARLOTTE
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3756° Long. 80.7622° .
Universal Transverse Mercator:
Name of nearest waterbody: UT TO CLARKS CREEK
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: ROCKY RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03040105
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR STTE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Detenmination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There "navigable waters of the U.S." within Rivers and Harbors Act (RHA} jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required)
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There "waters of the U.S."within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Requirecij
Waters of the U.S.
Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 3981ineaz feet: 3 width (ft) and/or acres.
Wetlands: 2.02 acres.
Limits (boundaries) of jurisdiction based on: #
Elevation of established OHWM (if known).;
Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
~ Boxes checked below shall be supported by completing the appropriate sections in Section III below.
: For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 20
Drainage area: 8
Average annual rainfall: 30.01 inches
Average annual snowfall: 6.4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are l '(~r~;le5s) river miles from RPW.
Project waters are 1'-~2 aerial (straight) miles from TNW.
ti,.,_ ,
Project waters are L~:'(uti:li~s}' aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: Stream 1FLOWS TO UT TO CLARKS CREEK, WHICH FLOWS TO ROCKY RIVER.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the acid
West.
° Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

Tributary stream order, if known: I ST THEN BECOMING 2ND AT JUNCTION WITH STREAM 2 NEAR
PROPERTY BOUNDARY..
(b) General Tributary Characteristics (check all that anolvl:
Tributary is: ®Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth:.5 feet
Average side slopes: -3:1 (or greater).
Primary tributary substrate composition (check all that apply):
® Silts ®Sands ^ Concrete
^ Cobbles ®Grave] ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
•~~
Tributary geometry: Rcla~iyel}'straiiht
Tributary gradient (approximate average slope): 1
(c) Flow:
Tributary provides for: ~~x'~flow
Estimate average number of flow events in review azea/yeaz: 20 (or`gi eatcrj
Describe flow regime: Intermittent.
Other information on duration and volume:
Surface flow is: ,DscX~t~. Chazacteristics:
Subsurface flow: le'~. Explain findings: Hydric soil in channel bed.
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® cleaz, natural line impressed on the bank
^ changes in the character of soil
^ shelving ^
^ vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
® sediment deposition ^
® water staining ^
^ other (list):
^ Discontinuous OHWM ~ Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ^ Mean High Water Mark indicated by:
^ oil or scum line along shore objects ^ survey to available datum;
^ fine shell or debris deposits (foreshore) ^ physical markings;
^ physical markings/chazacteristics ^ vegetation lines/changes in vegetation types.
^ tidal gauges
^ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is cleaz, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: NO EVIDENCE OF UNNATURAL SEDIMENTATION OR POLLUTION OBSERVED.
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessazily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Ripazian corridor. Characteristics (type, average width):
^ Wetland fringe. Chazacteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: SUPPORTS MACROBENTHOS HABITAT.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Chazacteristics:
Properties:
Wetland size: 2.02 acres
Wetland type. Explain: FORESTED AND SCRUB/SHRUB WETLAND CONNECTED TO STREAM l BY
EPHEMERAL CHANNEL.
Wetland quality. Explain:UNKNOWN.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: 'Intermittent flow. Explain: 373 LF OF STREAM 1 HAS SEASONAL FLOW. APPROXIMATELY 25 LF
NEAR PROJECT BOUNllA It ti' 1 ti N F R ENNIAL.
Surface flow is: Discrete
Chazacteristic~:
Subsurface flow; lc~. Explain findings: Groundwater surfec eleveation appears to be near surface.
^ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain:
^ Sepazated by berm barrier. Explain:
(d) ProximityjRelationshipl to TNW
Project wetlands are 2„~ river miles from TNW.
Project waters are 1'2 aerial (straight) miles from TNW.
Flow is from: .
Estimate approximate location of wetland as within the 5~(1=}}ear or, grater, floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Large mafic depression that drains to Stream 1 through an ephemeral channel.
Identify specific pollutants, if known: Unknown.
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):HARDWOOD FOREST.
® Vegetation type/percent cover. Explain:90%.
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:SALAMNADER HABITAT.
3. Characteristics of all wetlands adjacent to the tributary (if an )
All wetland(s) being considered in the cumulative analysis:
Approximately (2.07) acres in total aze being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acresl Directly abuts? (Y/N) Size (in acres)
Wetland C - No 2.02
Summarize overall biological, chemical and physical functions being performed: WETLAND LIKELY PROVIDES
AMPHIBIAN HABITAT, POLLUTANT REMOVAL AND WATER STORAGE.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDSRRE (CHECK ALL
THAT APPLl~:
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: linear feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
[~ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 3981ineaz feet 3 width (ft).
[] Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
[~ Waterbody that is not a TNW or an 12PW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review azea (check all that apply):
[] Tributary waters: lineaz feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an }tPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an ItPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
~ Wetlands that do not directly abut an ItPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW aze jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 2.07 acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review azea: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Q Demonstrate that impoundment was created from "waters of the U. S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
[~ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
[~ which aze or could be used by interstate or foreign travelers for recreational or other purposes.
[~ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
~° Interstate isolated waters. Explain:
Other factors. Explain:
BSee Footnote # 3.
v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
...........
^ Tributary waters: lineaz feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLI~:
^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
^ Review azea included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Jan 2001 Supreme Court decision in "SWANCC,"the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
^ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
[) Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
^ Lakes/ponds: acres.
[~ Other non-wetland waters: acres. List type of aquatic resource:
~] Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standazd, where such
a finding is required for jurisdiction (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
'[] Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
[~ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
^ Data sheets prepazed/submitted by or on behalf of the applicant/consultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur with data sheets/delineation report.
^ Data sheets prepared by the Corps:
Corps navigable waters' study:
^ U.S. Geological Survey Hydrologic Atlas:
^ USGS NHD data.
^ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: DERITA 1993 and CORNELIUS, 1993.
^ USDA Natural Resources Conservation Service Soil Survey. Citation: MECKLNEBURG COUNTY, 1979.
^ National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
^ FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Q Photographs: ®Aerial (Name & Date):2005 AERIAL.
or ^ Other (Name & Date):SITE PHOTOS TAKEN.
[~ Previous determination(s). File no. and date of response letter:
^ Applicable/supporting case law:
^ Applicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPENDIX 111
COPY OF APRIL 4, 2005 USACE PERMIT
VERIFICATION LETTER
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200330427 County: Mecklenbure USGS Quad: Cornelius
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Charlotte-Meclt<lenbur~ Schools / Attn: Brett Hannaford
Address: 3301 Stafford Drive
Charlottes NC 28208
Telephone No.: 980-343-8604
Size and location ofproperty (water body, road name/number, town, etc.): The site for the proposed
Hit=hland Creek ElementarYSchool is located on the south side of Hi:Yhland Creek Parkway, west
of Street Avenue, in Charlotte, Mecklenburt? County, Nortl- Carolina. _
Description of projects area and activity: This permit authorizes the placement of #"il[ and installation
of culvert associated with the construction of an access road for a school, Permanent impacts to
stream channels authorized by this permit are 144 linear feet of stream channel.
Applicable Law: ®Section 404 {Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permiitee to a stop work order, a restoration order and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or .revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide pemtit, will remain authorized provided the activity
is completed within twelve months of the date of the natiomvide 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 «7thin the hventy 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 pennittee 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 Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: Anri14, 2005
Expiration Date of Verification: March 18, 2007

-~-
Determination of Jurisdiction:
^ 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 Adnunistrative Appeal Process {Reference 33 CFR Part 331).
^ 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 deternnation may be relied upon for a period not
to exceed five years from the date of this notification.
^ 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 ar our published regulations, this determination maybe relied upon for a period not to exceed five years
from the date of this notification.
® The jurisdictional areas within the above desenbed project area have been identified under a previous action.
Please reference jurisdictional determination issued January 30, 2003.
Basis of Jurisdictianal Determination: The site contains wetlands as determined by the USAC)r 1987 Wetland
Delineation Manual and is adjacent to stream channels located on the property. The stream channel on the property
is an unnamed tributary to Clarke Creek which flows into the Yadkin River River and ultimately flaws to the
Atlantic Ocean through the Winyah Bay in South Carolina.
Corps Regulatory Official: Amanda Jones
Date April 4, 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
S&ME, Attn: Catherine McRae, 9751 Southern Pine Boulevard, Charlotte, NC ?8273

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APPENDIX IV
SITE PHOTOGRAPHS

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Photo 1:View of open field
Photo 2: View of former residential dwellings on the site.
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Photo 4:View of wooded portion of Wetland C
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5: of Stream 1
Taken by: JoL
Checked by: LJB -~'
Date: 1.08.2008
SITE PHOTOGRAPHS
Ridge Road Middle School
Charlotte, North Carolina
Photo 3: Typical wooded portion of the site.

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APPENDIX V
COPIES OF AGENCY CORRESPONDENCE

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Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
March 9, 2005
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North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandlxck, Administrator
Office of Archives and History
Division of Historical Resources
David Brook, Duector
Catherine McRae
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273-5560
Re: Proposed Highland Creek Elementary School, Mecklenburg County, GS 05-0320
Dear Ms. McRae:
Thank you fox your letter of February 11, 2005, concerning the above project
We have conducted a review of the proposed undertaking and ate aware of no historic resources which would
be affected by the project Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations fox Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
ter B. Sandbeck
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount Sheet, Raleigh NC 4617 Mail Service Crnter, Raleigh NC 2769911617 [phone]/733-8653
RESTOII;ATION 515 N. Blount Strect, Raleigh NC 4617 Mal Service Center, Raleigh NC 27699-4617 [phone]/775-480]
SURVEY & PLANNING 515 N. Blount Sheep Raleigh, NC 46]7 Mal Service Center, ]laleigh NC 27699-4617 [phone]/715-4801

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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
February 7, 2005
Ms. Catherine McRae
S&ME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273-5560
Subject: Proposed Highland Creels School Site; Charlotte, Mecklenburg County
S&ME Project No. 1357-04-620
Dear Ms. McRae:
The Natural Heritage Program has no record of rare species, significant natural communities, or
priority natural areas at the site nor within roughly 1/2-mile of the project area. About I/s-mile to
the southeast is the Ridge Road Hardpan Forest natural area, a portion of which is owned
by Catawba Lands Conservancy. Although our maps do not show records of such natural
heritage elements in the immediate project area, it does not necessarily mean that they axe not
present. It may simply mean that the area has not been surveyed. The use of Natural Heritage
Program data should not be substituted for actual field surveys, particularly if the project area
contains suitable habitat for raze species, significant natural communities, or priority natural
areas.
You may wish to check the Natural Heritage Program database website at
<www.nesparks.netJnhp/search.html> for a listing of rare plants and animals and significant
natural communities in the county and on the topographic quad map. Please do not hesitate to
contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
HEL/hel
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One
Phone: [phone] • FAX: [phone] • Internet www.enr.state.nc.us IVO Carolina
An Equal Opportunity • Affirmative Action Employer - 50 q° Recycled • 10 °~ Post Consumer Paper at~rra!!~

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 9, 2005
Ms. Catherine A. McRae
Ms. Lisa J. Beckstrom
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, North Carolina 28273-5560
Dear Ms. McRae and Ms. Beckstrom:
Subject: Site Assessment for the Construction of Highland Creek Middle School, Located on
Maple Drive, West of Concord, in Mecklenburg County, North Carolina.(S&ME
Project No. 1357-OS-422)
In your letter dated July 5, 2005, you requested our comments on.the subject project. We have
reviewed the information you presented and are providing the following comments in accordance
with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C.
661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
Project Description -According to the information provided, Highland Creek Middle School
will be built on a 32-acre parcel that consists predominantly of open fields, woodland, and open
residential areas. Two unnamed streams and about 2 acres of wetlands are found on the
property. Wetland and stream impacts are proposed with the project, but the specific amount and
location of the impacts were not listed in your letter.
Federally Listed Species -Based on the project location and pictures obtained from the
Mecklenburg County GIS web site, there appears to be suitable habitat for the federally
endangered Schweinitz's sunflower (Helianthus schweinitzii) within the proposed project site.
Schweirutz's sunflower has been found within a mile of the subject property, and a large
percentage of the known records for this rare plant species occur within Mecklenburg County
and the surrounding counties. Schweinitz's sunflower occurs in relatively open habitats-road,
power line, and other maintainedrights-of--way; early successional fields; forest.ecotonal
margins; forest clearings; etc. The species thrives in full sun but also grows in the light shade of
open stands ofoak-pine-hickory. Schweinitz's sunflower generally occurs on soils characterized
as moist to dryish clays, clay-loams, or sandy-clay loams that often have high gravel content.

The species is known from a variety of soil types, including Iredell (Fine, Montmorillonitic,
Thermic Typic Hapluduff), Enon (Fine, Mixed, Thermic Ultic Hapludalf), and Cecil (Clayey,
Kaolinitic, Thermic Typic Hapludult). Unless the project area has been specifically surveyed for
this listed species or no appropriate habitat exists, a survey should be conducted to ensure that
this species is not inadvertently lost. Schweinitz's sunflower is difficult to identify at any time,
but even more so outside the flowering season of late August to October, so we recommend that
surveys for this species be conducted during this period.
I+~ish and Wildlife Resources - We aze concerned about the direct impacts to wetlands,
and streams as well as secondary impacts to the remaining streams, wetlands, and
forested areas on tb.e subject property. Therefore, we recommend the following measures
to help minimise project impacts:
The treatment of storm water leaving the project area and the maintenance of
adequate riparian buffers are of particular concern. Without proper planning,
this development will create more impervious surfaces (such as roofs, roads,
and pazking lots), which collect pathogens, metals, sediment, and chemical
pollutants and quickly transmit them to receiving waters. We recommend the
use grassed swales in place of curb and gutter and on-site storm-water
management (i.e., bioretention areas) that will result in no net change in the
hydrology of the watershed. All storm-water outlets should drain through a
vegetated upland area prior to reaching any stream or wetland area. Sufficient
retention designs should be implemented to allow for the slow discharge of
storm water, attenuating the potential adverse effects of storm-water surges;
thermal spikes; and sediment, nutrient, and chemical discharges.
2. Given the close proximity of this project to aquatic resources (wetlands,
unnamed streams) and the increase of impervious surfaces because of the
development, we are concerned about the loss and lack of riparian buffers. We
recommend that forested riparian buffers be created and/or maintained along
all aquatic azeas. We suggest that forested buffers be a minimum of 100 feet
wide along perennial streams and 50 feet wide along intermittent streams and
wetlands.
3. Stringent measures to control erosion and sediment should be installed and
maintained in order to prevent unnecessary impacts to aquatic resources within
and downstream of the project site. Fxequent maintenance of these devices is
critical to their proper function in order to minimise sediment discharge from
the project site. Perimeter erosion-control devices should be installed prior to
any on-the-ground activities.
4. We strongly suggest the use of bridges for all permanent roadway crossings of
streams and associated wetlands because they minimize impacts to aquatic
resources, allow for the movement of aquatic organisms, and eliminate the
need to fill and install culverts. All stream crossings should be made
2

perpendicular to the stream. If culverts are the only option, we suggest using
bottomless culverts. Bottomless culverts do not need to be buried, thereby
minimizing the adverse impacts to streams. Any type of culvert that is used
should be designed to allow for the passage of fish and other aquatic life. The
culvert should be sized to accommodate the movement of debris and bed
material within a channel during abank-full event. We recommend the use of
multiple barrels (other than the base-flow barrel), placed on or near stream
bank-full or floodplain bench elevation in order to accommodate floodwaters
within the stream corridor. These should be reconnected to floodplain benches
as appropriate. This maybe accomplished by using sills on the upstream end
to restrict or divert flow to the base-flow barrel(s). Sufficient water depth
should be maintained in the base-flow barrel during low flows to accommodate
fish movement. If the culvert is longer than 40 linear feet, alternating or
notched baffles should be installed in a manner that mimics the existing stream
pattern. This should enhance the passage of aquatic life by: (a) depositing
sediment in the barrel, (b) maintaining channel depth and flow regimes, and
(c) providing resting places for fish and other aquatic organisms.
5. We recommend that sewer lines, water lines, and other utility infrastructure be
kept out of riparian buffer areas. All utility crossings should be kept to a
minimum, which includes careful routing design and the combination of utility
crossings into the same right-of--way (provided there is not a safety issue). The
directional bore (installation of utilities beneath the riverbed, avoiding impacts
to the stream and buffer) stream-crossing method should be used for utility
crossings. Manholes or similar access structures should not be allowed within
buffer areas. Stream crossings should be near perpendicular to stream flow and
should be monitored at least every 3 months for maintenance needs during the
first 24 months of the project and annually thereafter. Sewer lines associated
with crossing areas should be maintained and operated at all times to prevent
the discharge to land or surface waters. We recommend a minimum 50-foot
setback on all streams, lakes, and wetlands for these structures, which falls in
line with the recommended buffer widths. In circumstances where minimum
setbacks cannot be attained, sewer lines shall be constructed of ductile iron or
other substance of equal durability.
6. Equipment should not be operated in the stream unless absolutely necessary.
Equipment should be operated from the banks in a fashion that minimizes
disturbance to woody vegetation. Equipment should be inspected daily and
should be maintained to prevent the contamination of surface waters from
leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels,
lubricants, and other toxic materials should be stored outside the riparian
management area of the stream, in a location where the material can be
contained. Equipment should be checked for leaks of hydraulic fluids, cooling
system liquids, and fuel and should be cleaned before fording any stream.

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Also, all fueling operations should be accomplished outside the riparian
management area.
If an alternatives analysis confirms that impacts to the streams and wetland are unavoidable, we
propose the establishment of the following mitigation measures in order to provide a sufficient
mitigation plan for all unavoidable impacts:
1. As a general rule, we recommend that all direct impacts to wetlands and
streams be mitigated with the restoration of comparable on-site streams and
wetlands at a ratio of at least 2:1. We recommend that an in-kind, on-site
mitigation plan be considered to offset any impacts to wetlands and streams. If
an in-kind, on-site mitigation plan cannot be established for the wetland and
stream impacts, then we recommend an in-kind, off-site mitigation plan be
created.
2. If the preservation of the wetland areas is to be considered mitigation for
impacts, we suggest that these areas be placed in a conservation easement in
perpetuity and that the mitigation allowance be figured on a 10:1 ratio.
3. If an on-site, in-kind mitigation plan cannot be provided and abuy-in to the
North Carolina Ecosystem Enhancement Program becomes necessary for
mitigation of the aquatic impacts, we recommend that the restoration ratio
of 2:1 be used to calculate the payment amount.
At this stage and without more specifics about construction locations or techniques, it is difficult
for us to fully assess the potential environmental impacts (direct, indirect, secondary and
cumulative) of this project. We therefore recommend that any environmental document prepared
for this project include the following (if applicable):
1. A detailed analysis of stream and wetland impact areas and locations,
particulazly the locations of stream crossings and the construction techniques
proposed for stream crossings within the project azea. Plans for all proposed
impact azeas should include a complete analysis and comparison of the
available construction techniques and alternatives (including a no-build
alternative).
2. The report should contain information from all surveys and assessments,
including the acreage and a description of the wetlands that will be filled or
impacted and the extent (linear feet as well as discharge) of any water courses
that will be impacted as a result of the proposed project. A description of any
streams should include the classification (Rosgen 1995, 1996) and a
description of the biotic resources, and any wetlands affected by the proposed
project should be mapped in accordance with the Federal Manual for
Ident~ing and Delineating Jurisdictional Wetlands.
4

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3. A description of the fishery and wildlife resources within existing and required
additional rights-of--.way and any areas, such as borrow. areas, that maybe
affected directly or indirectly by the proposed project.
4. An assessment of all expected secondary and cumulative environmental
impacts associated with this proposed work. The assessment should specify
the extent and type of development proposed for the project area once the work
is complete and how future growth will be maintained and supported with
regard to sewer lines, water lines, parking areas, and any proposed roadways.
5. A discussion about the extent to which the project will result in the loss,
degradation, or fragmentation of wildlife habitat from direct construction
impacts and from secondary development impacts. The acreage and location
of upland habitat, by cover type, that will be eliminated because of the
proposed project must be noted.
6. Mitigation measures that will be employed to avoid, eliminate, reduce, or
compensate for habitat value losses (wetland, riverine, and upland) associated
with any phase of the proposed project.
We appreciate the opportunity to provide these comments. If we can be of assistance or if you
have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at
828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference
our Log Number 4-2-OS-291.
Sinc rely,
Brian P. Cole
Field Supervisor