20080965 Ver 1_401 Application_20080608

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STVIRALPH WHITEHEAD ASSOCIATES, INC.
Consulting Engineers Charlotte Atlanta Jacksonville Richmond
Raleigh Kansas City Charleston Rock Hill
PAYMENT
FECEIVIED
MMI R OF V° ° X1OHNr0
1000 W. Morehead, Suite 200
Post Office Box 35624
Charlotte, NC 28235
[phone]
[phone] FAX
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454 S. Anderson Road
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Business Technology Center
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4975 LaCross Road
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3739 National Drive
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Raleigh, NC 27612
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6405 Metcalf
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Overland Park, KS 66202
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[phone] (Fax)
To: NCDENR Division of Water Quality Date: 6/12/08 Job No. 2513403
401 Unit Attention: Ian McMillan
2321 Crabtree Blvd., Ste 250
Raleigh, North Carolina 27604 RE: NWP#39 404 Permit Application
WE ARE SENDING YOU: Crate & Barrel
Lincoln County, NC
,? Attached Under separate cover
via the folio win items:
Shop Drawings Prints Specifications
Copy of Letter Plans
Change Order Samples
Copies Date No. Description
5 6/12/08 1 NWP#39 Permit Application

The se are transm itte d as checked below:
For Approval Approved as submitted
For your use Approved as noted
As requested Returned for corrections
For Bids Due F1 For review & comment
Remarks
Resubmit copies for approval
Submit copies for distribution
Return corrected prints
Prints returned after loan to us
Attached, please find one copy of the NWP#39 Report and PCN for the proposed Crate &
Barrel project (formerly the Powell Property) in Lincoln County.
Please give me a call if you have any questions.
Thanks, Mike.
Copy to
Signed Michael lagnocco, PWS
If enclosures are not as indicated, kindly notify us at once
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NAPROJ\2513403\Wetlands\Powell Property LCIP Ph 6019\Permit\DWQ Permit Letter of Transmittal.doc
Corps Submittal Cover Sheet
Please provide the following information:
1. Project Name: Crate & Barrel Distribution Center
2. Name of Property Owne /Applicant: Ken Begley, TKC CXXVIII LLC
5935 Carnegie Blvd., Suite 200
Charlotte, NC 28209
[phone]
3. Name of Consultant/Agent: STV/Ralph Whitehead Associates
4. Related/Previous Action I.D. number(s): #200800167
5. Site Address: Located northeast of the intersection of Maiden Highway (US 321 Business and Finger Mill Road Lincolnton
NC
6. Subdivision Name: N/A
7. City: Lincolnton, NC
8. County: Lincoln ;G
9. Lat: 35.537685° N Long: 81.213600 ° W (decimal degrees please)
10. Quadrangle Name: Maiden, NC (1993) Topographic Quadrangle
11. Waterway: Larkard Creek and unnamed tributary to Larkard Creek - ""
12. Watershed: Catawba
13. Requested Action: Nationwide Permit #39
K
STV/Ralph Whitehead Associates
1000 West Morehead Street. Suite 200
Charlotte, North Carolina 28208
( 704)372-1885 tax [phone]
June 12, 2008
Via FEDERAL EXPRESS
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mr. Stephen Chapin
Subject: Pre-Construction Notification Pursuant to
Nationwide Permit No. 39
Proposed Crate & Barrel Distribution Center
Lincoln County, North Carolina
STV/RWA Project No. 2513403
USACE Action ID #200800167
Dear Mr. Chapin:
On behalf of TKC CXXVIII, LLC, STV/Ralph Whitehead Associates (STV/RWA) is
submitting a Pre-Construction Notification (PCN) application form (Attachment A) in
accordance with General Condition No. 13 and pursuant to U.S. Army Corps of
Engineers (USACE) Section 404 Nationwide Permit (NWP) Number 39 (Federal
Register Vol. 67, No. 10; updated March 12, 2007). TKC CXXVIII, LLC has contracted
STV/RWA to be the acting agent and perform wetland permitting services for this
project. An Agent Certification of Authorization Form is included in Attachment B.
Accompanying figures related to this permit request are included in Attachment C.
Proiect Description
The Crate & Barrel Distribution Center project proposes to create approximately 800,000
square feet of warehouse, retail outlet, and office space in Lincoln County, NC. The
project will ultimately include the warehouse buildings with associated entrance road,
parking lots, truck courts and loading/unloading bays. A small retail component is also
planned. Infrastructure components of the project will include water and sewer lines,
and stormwater management facilities. The proposed Crate & Barrel Distribution Center
will be constructed to standards aimed at earning Leadership in Energy and Design
(LEED) certification.
The subject site encompasses approximately 98 acres of undeveloped woodland,
bounded by Larkard Creek to the north and east, a vacant lot to the south, and Finger
an employee-owned company providing quality service since 1912
Crate & Barrel June 12, 2008
Lincoln County, NC
Mill Road to the west (See Attachment C - Figures 1 through 3). The proposed
entrance road will be constructed off of Finger Mill Road, on the western boundary of the
site (Attachment C - Figure C7.1), and will extend along the southern boundary of the
site. The proposed project would result in permanent impacts to approximately 800
linear feet (2,400 square feet/0.055 acre) of a jurisdictional, aquatically unimportant
intermittent stream (Stream A). Permanent impacts to approximately 50 linear feet of
the jurisdictional, aquatically important perennial Larkard Creek may also result from the
proposed sewer crossing of Larkard Creek. Temporary impacts to approximately 1,000
square feet (0.021 acre) of wetland may also result in the event the sewer crossing
'Route A' alternative is selected (see below).
Background
As noted on aerial photography (1999) viewed on Lincoln County GIS, and verified by
field review, the subject site is comprised primarily of undeveloped woodland.
Surrounding land use is mostly residential and commercial development. The Lincoln
County Industrial Park is also located within the general vicinity.
Jurisdictional waters of the U.S. on the project site, as described below, include two
jurisdictional stream channels (Stream A and Larkard Creek) and five jurisdictional
wetlands (Wetlands A through E). The Notification of Jurisdictional Determination from
the U.S. Army Corps of Engineers (USACE) is found in Attachment D.
Methods
On December 18 and 19, 2007, STV/RWA Environmental Scientist Steven Busbee,
P.W.S. field reviewed the project site for potential jurisdictional waters of the U.S,
including wetlands, and potential protected species habitat. Jurisdictional waters are
defined by 33 CFR 328.3(b) and protected by Section 404 of the Clean Water Act (33
U.S.C. 1344). Potential jurisdictional areas on the subject property were delineated
using the USACE Routine On-Site Determination Method as defined in the 1987 Corps
of Engineers Wetlands Delineation Manual. Potential jurisdictional stream channels
were delineated and classified according to recent North Carolina Division of Water
Quality (NCDWQ) and USACE guidance. Stream assessments were conducted utilizing
the USACE Wilmington District Stream Quality Assessment Worksheet and the NCDWQ
Stream Identification Form.
Jurisdictional Waters of the U.S.
Jurisdictional waters of the U.S. located within the project site include one unnamed
stream channel (Stream A) and five small wetlands (Wetlands A through E). Reference
Attachment C - Figure C7.0 for the location of these jurisdictional features. The stream
and wetlands were field verified by Mr. Stephen Chapin of the USACE Asheville
Regulatory Field Office on January 15, 2008 and subsequently surveyed. A
Jurisdictional Determination (SAC# 200800167), dated January 22, 2008, was issued by
the USACE for what was referred to as "The Powell Property" with the applicant/owner
identified as TKC CXXI, LLC (Attachment D). Stream A was also field reviewed by Alan
Johnson representing NCDWQ's Mooresville Regional Office on May 21, 2008. Mr.
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Crate & Barrel
Lincoln County, NC
June 12, 2008
Johnson concluded that Stream A was intermittent and not subject to DWQ mitigation
requirements. A brief description of Stream A, Larkard Creek and Wetlands A through E
follows:
Streams
Stream A was determined to be an unimportant intermittent tributary to Larkard Creek,
located within the Catawba River watershed. Stream A is located in the central portion
of the subject site and flows from the south, north to Larkard Creek. The stream drains a
considerable portion of mixed pine/hardwood upland forest before flowing through the
floodplain of Larkard Creek. Stream A contains channel widths (measured from top-of-
bank to top-of-bank) of 3 to 8 feet upstream and 5 to 10 feet downstream in the Larkard
Creek floodplain (Attachment G - Photographs 1 and 2). The average channel width at
the Ordinary High Water (OHW) mark is 3 feet. Bank heights along Stream A ranged
from 1 to 3 feet. The stream exhibited a well-defined bed and bank and ordinary high
water mark, evident of periods of seasonal flow. The stream also exhibited strong
headcuts and undercut banks, weak to moderate sinuosity, and a substrate consisting of
sand and silt to cobble and rock. No water flow was observed within the channel, but
occasional isolated pools and saturated soils were observed in portions of the
streambed.
Larkard Creek is an aquatically important perennial stream that largely demarks the
eastern and northern boundaries of the property.
Wetlands
Wetlands A through E are all small, linear-shaped forested wetlands contained within the
floodplain of Larkard Creek (Attachment G - Photographs 3 and 4). Wetland B,
encompassing 0.2169 acre, is the largest of the wetlands with each of the remaining
wetlands encompassing under 0.1 acre. The wetlands are similar in morphology and
physical characteristics, containing evident drainage patterns. Strong alluvial deposits,
evident of overbank flooding from Larkard Creek, were observed in the wetlands.
Dominant vegetation within the wetland areas consists of red maple (Acer rubrum), river
birch (Betula nigra), American holly (Ilex opaca), American sycamore (Platanus
occidentalis), greenbrier (Smilax rotundifolia), blueberry (Vaccinium sp.), and various
species of sedge (Carex spp.). Wetland hydrology indicators included soils saturated
within 12 inches of the surface, drainage patterns, water-stained leaves, and hummocks
of vegetation. Other evidence of wetland hydrology included active crayfish burrows.
Hydric soil indicators, including gleyed soils and reduced conditions, were also observed
in the wetlands. Total wetland acreage on the subject site is 0.4005 acre.
More information on stream characteristics associated with Stream A can be found on
the NCDWQ Stream Identification Forms and USACE Stream Quality Assessment
Worksheets included in Attachment E. Information on the individual parameters
associated with Wetlands A through E and the adjacent upland community can be found
on the Routine Wetland Determination Data Forms included in Attachment F.
Representative photographs of Stream A and the wetlands are included in Attachment
G.
Page 3
Crate & Barrel June 12, 2008
Lincoln County, NC
Purpose and Need
The purpose of the project is to build the first LEED certified distribution center in NC
that will support Crate & Barrel store operations in an "eco-friendly" manner. The
expansion of Crate & Barrel's distribution infrastructure in the Southeast is required to
handle the demands of existing and future retail operations, and is anticipated to add
nearly 220 additional jobs to the Lincoln County region upon completion. Crate and
Barrel's current pressing need to construct the Phase I Building (Attachment C - Figure
C7.2), encompassing approximately 360,000 square feet (sf), is being fueled by current
furniture demands as well as direct shipping, i.e., internet demand, in the Southeast.
The Phase II Building pad is scheduled to be graded now as part of Phase I, in order to
prepare for the near-term construction of the Phase II Building (estimated at 490,000 sf)
that is needed to support new concept stores currently coming on-line. Crate & Barrel
anticipates Building II construction to begin in 2009, shortly after the completion of
Building I. This construction model has been successfully duplicated in Crate & Barrel
operations on the west coast as well as in the northeast. Without the ability to get the
building pad in place for the eventual expansion to over 800,000 sf, Lincoln County
would not have won this coveted project.
The location of the jurisdictional, aquatically unimportant intermittent stream (Stream A)
within the center of the parcel creates a situation in which impacts are unavoidable when
developing the site. The location of the important, perennial Larkard Creek and its
associated wetlands and floodplain have imposed regulatory constraints limiting the size
of the development footprint available on the property. In addition, the logistics of the
distribution center require product to be delivered and enter the building from the front or
entrance road side (i.e., south side) of the building and be shipped from the rear or
Larkard Creek (north) side of the building. These regulatory and logistical constraints
necessitate that the proposed development impacts be directed to the intermittent,
aquatically unimportant drainage feature, and away from the higher functioning areas.
Impacts to Waters of the U.S.
The project involves the construction of a proposed Crate & Barrel distribution center.
Proposed plans will result in permanent impacts to approximately 800 linear feet (2,400
square feet/0.055 acre) of a jurisdictional, aquatically unimportant intermittent stream
(Stream A). The area of impact is located in the center of the project site, approximately
1,200 feet northwest of the intersection of Del Mar Road (SR 1587) and Maiden
Highway. The stream begins in the center of the property and flows north into Larkard
Creek (Attachment C - Figure C7.5).
Proposed plans call for the filling of a portion of Stream A for the preparation of the
development footprint. The project would result in permanent impacts to 800 If (0.055
acre) of jurisdictional, unimportant intermittent stream (Stream A). Impact areas were
calculated using the OHW mark average channel width of 3 feet. Proposed impacts are
summarized in Table 1 below. A full-sized drawing of the overall site plan (C7.0) is
provided in the pocket in Attachment C. Reference Attachment C - Figures C7.4 through
C7.6 for the proposed project plans and associated impacts to Stream A.
Page 4
Crate & Barrel June 12, 2008
Lincoln County, NC
Impacts may result from the proposed sewer crossing of Larkard Creek. The proposed
sewer will be elevated over the bed of Larkard Creek. Two routes are currently being
considered for the sewer line (Attachment C - Figure C7.3). Route A proposes to cross
Larkard Creek at a point approximately 100 feet east of Finger Mill Road. Impacts
associated with this crossing location may include approximately 50 linear feet of
impacts to Larkard Creek and approximately 0.021 acre of temporary impact to Wetland
A. Route B proposes to cross Larkard Creek approximately 400 feet east of Finger Mill
Road. The impacts associated with this crossing location are 50 linear feet of potential
impacts to Larkard Creek. Although no riprap will be placed within the stream bed, some
riprap may be used on the stream bank below the ordinary high water line to facilitate
the aerial crossing. The two proposed Larkard Creek crossings have been identified in
the field by the project engineer. Based on existing topography and invert elevations,
Route A has engineering advantages over Route B. The single final crossing location
will be determined after further engineering considerations have been evaluated. Efforts
will be made in final sewer design to eliminate the potential need to place riprap in
Larkard Creek below the OHW line, thereby avoiding this regulated activity/impact.
Activities on the project site involving impacts to waters of the U.S. will be required to
follow the General Conditions of the USACE Nationwide Permits (Federal Register Vol.
67, No. 10; updated March 2007), applicable USACE Wilmington District Regional
Conditions, and applicable NCDWQ consistency conditions (updated October 2007).
Table 1. Summary of Estimated Impacts
Jurisdictional Type of Permanent Approximate Length of
Area Jurisdictional Area Impact (Y/N) Area of Impact Impact
(acre) (If)
Stream A Unimportant Y 0
055 800
Intermittent Stream .
Sewer Crossing Route A*
Larkard Creek Important Perennial Y 0
023 50
Stream .
Wetland A Palustrine Forested N 021
0 N/A
Wetland .
Sewer Crossing Route B*
Larkard Creek Important Perennial Y 0
023 50
Stream .

Permanent Impact Totals: 0.078 850
Route A Temporary Impact 0.021 50
Totals:
*Final engineering will determine whether Route A or Route B is selected.
Page 5
Crate & Barrel June 12, 2008
Lincoln County, NC
Avoidance and Minimization
Due to the nature of the project, avoiding impacts to Stream A while achieving project
goals is not possible. There is no practicable alternative that would achieve the project
purpose of providing an adequately sized distribution facility and corresponding logistical
operations that would avoid or result in less adverse impact to waters of the U.S. Best
management practices (BMPs) and appropriate erosion and sedimentation controls will
be installed and maintained during construction activities to allow for the least adverse
effect on the stream channel and associated water quality. In an effort to minimize
impacts, temporary sediment basins for construction have been redesigned to minimize
impacts to Stream A and the Larkard Creek floodplain. The proposed sewer crossing of
Larkard Creek has been designed to cross near perpendicular to the stream flow, thus
reducing the potential impacts associated with this aerial sewer crossing. With the
exception of temporary impacts resulting from the sewer crossing Route A alternative,
impacts to all of the site wetlands will be avoided.
Compensatory Mitigation
As described above, efforts have been made to avoid and minimize impacts to waters of
the U.S. to the maximum extent practicable. The preservation of approximately 0.4005
acre of on site wetland is proposed. Additionally, a preserved stream buffer, averaging
approximately 100 feet in width along Larkard Creek, and totaling approximately 9 acres
is proposed. Due to the location of Stream A within the central portion of the property,
some impacts to this drainage feature are unavoidable. However, approximately 1,050
linear feet of Stream A will also be preserved. The preservation of the remaining
streams, stream buffer, and wetlands of the site will be formalized through the
implementation of a deed restriction. The applicant, however, poses that the deed
restriction allow for possible future disturbance to the preserved stream buffer for future
utility crossings, stormwater management BMP's, sediment and erosion control
measures, and/or a future roadway crossing in the event these become necessary.
The possible sedimentation of Stream A and Larkard Creek during and immediately
following the construction phase will be minimized to the maximum extent practicable by
strict implementation of, and compliance with, a State-approved sediment and erosion
control plan. Erosion and sediment control measures will be inspected for compliance
with construction contract documents, as well as following storm events, to identify
needed repair, maintenance, or redesign.
Temporary impacts to the preserved stream buffer associated with the implementation of
a stormwater collection and treatment system may also occur. Any resulting impacts to
the preserved stream buffer resulting from the control of sediment and stormwater is
anticipated to be temporary.
Stormwater Management Plan
The Stormwater Management Plan (SWMP) for the site will be designed in accordance
with North Carolina Division of Water Quality (NCDWQ) standards. The final SWMP will
be submitted under separate cover. A pre-application meeting was held on April 15,
2008 with Annette Lucas of the NCDWQ to discuss the SWMP for the proposed Crate &
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Crate & Barrel June 12, 2008
Lincoln County, NC
Barrel Distribution Center. The SWMP that is being prepared is committed to providing
85% removal of total suspended solids from the collected stormwater utilizing Best
Management Practices (BMP's), as per NCDWQ stormwater treatment requirements.
The stormwater treatment BMP's will be provided by collecting stormwater runoff from
impervious areas of the site and directing the collected stormwater runoff into wet
detention ponds that are located between the proposed distribution center and the
floodplain of Larkard Creek (Attachment C - Figure C7.0).
The stormwater will first enter the forebay of the wet detention ponds, promoting the
majority of the suspended solids to fall out of the water column. The stormwater leaving
the forebay will enter the detention portion of the wet pond for the remaining treatment.
Treated stormwater will be discharged through the outlet structure and into the existing
woods, up slope of the Larkard Creek floodplain. Wet ponds #1 (Attachment C - Figure
C7.3) and #2 (Attachment C - Figure C7.4) will be constructed to serve the Phase I
portion of the project. Wet pond #3 (Attachment C - Figure C7.5), shown for illustrative
purposes, will be designed and constructed later, during the Phase II portion of the
project.
Temporary sediment basins will also be used during the Phase I construction of the
project (Attachment C - Figure C7.7). During Phase I of the project, the entire
development footprint will be graded as preparation for the building pads, but only the
western portion (Building I and associated access and parking areas) of the project site
will be constructed. The graded building pad area for Building II will be seeded to
provide soil stabilization in preparation for the Phase II construction. The Phase II
building construction will also be committed to meeting NCDWQ's stormwater
management requirements. Phase II construction is planned to begin shortly after
Phase I construction is complete, anticipated late 2009. The applicant recognizes that
the SWMP may need to be revised to accommodate Building II construction and would
need to be approved by the NCDWQ prior to occupancy of Building II.
Cultural Resources
A literature review of historic and archaeological sites in the vicinity of the Crate & Barrel
project was conducted. The National Registry of Historic Places was reviewed and
showed no historic sites within one mile of the project area. There were two historic
sites identified within several miles of the project area on the Registry. The Loretz
House, located off of SR-1204, is approximately 3.1 miles southwest of the project area.
The Salem Union Church and Cemetery, located at the junction of NC-1005 (Startown
Rd.) and NC-1274 (Maiden-Salem Rd.), is approximately 3.1 miles northwest of the
project area. The North Carolina Historic Sites list showed no historic sites in Lincoln
County. The North Carolina Office of State Archaeology showed no records of any
known, previously recorded archaeological sites in the vicinity of the project area.
Considering the limited impacts to waters of the U.S. as a result of this project, the
likelihood of unidentified cultural resources being present in the proposed permit area is
considered remote.
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Crate & Barrel June 12, 2008
Lincoln County, NC
Protected Species
STV/RWA conducted a protected species habitat assessment and review of the project
site on December 19, 2007. Prior to the site review, STV/RWA reviewed the U.S. Fish
and Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NCNHP)
databases, which provided existing data concerning the potential occurrence of federally
and state protected (threatened or endangered) species in Lincoln County. These
databases indicate that there are federal and state threatened or endangered species
that may occur in Lincoln County as described below. One of these species, Georgia
aster (Symphyotrichum georgianum) is listed as a candidate species for federal
protection and is included in the discussion.
Dwarf-flowered Heartleaf (Hexastylis naniflora) - State Threatened, Federal Threatened
Dwarf-flowered heartleaf is a small, low-growing evergreen perennial herb endemic to
the upper western piedmont of North Carolina and South Carolina. The plant is currently
listed federally as Threatened and has the potential to occur in Lincoln County. The
habitat for this plant is acidic, sandy loam soils along bluff, hillsides, and ravines
adjacent to streams. Soil type is the most important habitat requirement, with plants
limited to sites containing Pacolet, Madison, or Musella soils (USFWS 19901).
Michaux's sumac (Rhus michauxil) - State Endangered Federal Endangered
Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 to 3 feet
in height. The compound leaves contain evenly serrated, oblong to lanceolate,
acuminate leaflets. Most plants are unisexual; however, more recent observations have
revealed plants with both male and female flowers on one plant. The flowers are small,
borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering
usually occurs from June to July; the fruit, a red drupe, is produced through the months
of August to October. Michaux's sumac grows in sandy or rocky open woods in
association with basic soils. This plant reportedly survives best in areas where some
form of disturbance has provided an open area. This plant is restricted to seven
counties in North Carolina, but appears to have been extirpated from Lincoln County.
The plant is listed as a historic record and has not been documented in Lincoln County
within the last 20 years.
Georgia aster (Symphyotrichum peorgianum) - State Threatened Federal Candidate
The Georgia aster is a perennial plant that is typically found in well-drained sunny
locations. This plant prefers open woods and roadside or utility rights-of-way, where
periodic maintenance preserves an open canopy. Additionally, this plant is often found
in Piedmont prairie habitat, growing with other associates of that rare community,
including smooth coneflower (Echinacea laevigata) and Schweinitz's sunflower
(Helianthus schweinitzil). Flowering occurs from early October to mid-November.
The list of protected species was reviewed, and evaluations were performed regarding
the likelihood of the presence of each species in the project area. The project area
largely consists of woodlands and lacks maintained rights-of-way or other periodically
maintained areas. Portions of the site have been recently timbered. Due to the habitat
U.S. Fish and Wildlife Service. 1990. Source: Endangered and Threatened Species of the Southeastern United States (The Red
Book) FWS Region 4.
Page 8
Crate & Barrel June 12, 2008
Lincoln County, NC
requirements for the three aforementioned protected species, the habitat available within
the project area, and the findings of the field survey, it is determined that the proposed
project will have no effect on any of the protected species listed for Lincoln County.
Closing
Your prompt decision in this matter and corresponding processing of this permit will be
greatly appreciated. Please do not hesitate to contact either of the undersigned at (704)
372-1885 should you have any questions.
Sincerely,
STV/RALPH WHITEHEAD ASSOCIATES
Brandon J. Phillips, C.H.M.M.
Senior Environmental Specialist
Attachments: Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G;
Michael A. lagn c o PWS
Project Manage Se for Scientist
Pre-Construction Notification Form
Agent Certification of Authorization
Figures
Notification of Jurisdictional Determination
Stream Assessment Data Forms
Routine Wetland Determination Data Forms
Representative Photographs
cc: Ian McMillan, NCDWQ Raleigh
Ken Beuley, TKC CXXVIII, LLC
Mansour Edlin, Mansour Edlin Consulting
BJP/MAI.bjp
Page 9
ATTACHMENT A
PRE-CONSTRUCTION NOTIFICATION FORM
Office Use Only: Form Version March 2005
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
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: ?
a4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
- i ??
II. Applicant Information `
1. Owner/Applicant Information }'? v 3 NO
Name: TKC CXXVIII, LLC
Mailing Address: 5935 Carnegie Blvd., Suite 200 w ?a?rs Aya s?
Charlotte NC 28209
Attention: Mr. Ken Beuley
Telephone Number: 704-365-6000 Fax Number: 704-365-0733
E-mail Address: k.beuley_(a)thekeithcorp.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Michael A. Iagnocco, PWS
Company Affiliation: STV/Ralph Whitehead Associates
Mailing Address: 1000 W. Morehead Street, Suite 200
Charlotte, NC 28208
Telephone Number: 704-372-1885 Fax Number: 704-372-3393
E-mail Address: michael.ia ng occo(a)stvinc.com
Page 5 of 16
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: Crate & Barrel Distribution Center
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Lincoln Nearest Town: Lincolnton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Charlotte, take I-85
South to US Route 321 North. Take US Route 321 through Lincolnton to exit 28 - Business
Route 321 (Maiden Highway). Turn right (east) onto Maiden Highway and take second left
onto Finger Mill Road. Continue on Finger Mill Road for approximately 1,000 feet. The
project site begins there, east of Finger Mill Road, and extends north along Finger Mill Road
to the Larkard Creek crossing.
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.) There is only one
crossing of a distinct waterbody (Stream A) and the coordinates are below:
Decimal Degrees (6 digits minimum): 35.537685 ON 81.213600 °W
6. Property size (acres): -98 acres
7. Name of nearest receiving body of water: Larkard Creek
River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
Page 6 of 16
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject site encompasses approximately 98 acres of
undeveloped woodland bounded by Larkard Creek to the north and east, a vacant lot to the
south and Finger Mill Road to the west (Attachment C - Figures 1 through 3). Surrounding
land use is mostly residential and commercial development.
10. Describe the overall project in detail, including the type of equipment to be used:
The Crate & Barrel Distribution Center project proposes to create approximately 800,000
square feet of warehouse retail outlet and office space in Lincoln County NC. The project
will ultimately include the warehouse buildings with associated entrance road, parking lots,
truck courts and loading/unloading bays A small retail component is also planned.
Infrastructure components of the project will include water and sewer lines, and stormwater
management facilities The proposed Crate & Barrel Distribution Center will be constructed
to standards aimed at earning Leadership in Energy and Design (LEED) certification.
The proposed entrance road will be constructed off of Finger Mill Road (Attachment C -
Figure C7 1) and will extend along the southern boundary of the site. The proposed project
would result in permanent impacts to qpproximately 800 linear feet (2,400 square feet/0.055
acre) of a jurisdictional aquatically unimportant intermittent stream (Stream A). Permanent
impacts to approximately 50 linear feet of the jurisdictional aquatically important perennial
Larkard Creek may also result from the proposed sewer crossing of Larkard Creek.
Temporary impacts to approximately 1,000 square feet (0.021 acre) of wetland may also
result in the event the sewer crossing "Route A" alternative is selected (see VI below).
Typical equipment including dozers track hoes and grading _pans, will be used during the
construction of the proposed Crate & Barrel Distribution Center.
11. Explain the purpose of the proposed work:
The purpose of the project is to build the first LEED certified distribution center in NC that
will support Crate & Barrel store operations in an "eco-friendly" manner. The expansion of
Crate & Barrel's distribution infrastructure in the Southeast is required to handle the
demands of existing and future retail operations and is anticipated to add nearly 220
additional jobs to the Lincoln County region upon completion. Crate and Barrel's current
pressing need to construct the Phase I Building (Attachment C - Figure C7.2), encompassing
approximately 360,000 square feet (sfl is being fueled by current furniture demands as well
as direct shipping, i.e., internet demand in the Southeast. The Phase II Building pad is
scheduled to be graded now as part of Phase I in order to prepare for the near-term
construction of the Phase II Building (estimated at 490,000 sf) that is needed to support new
concept stores currently coming on-line. Crate & Barrel anticipates Building II construction
to begin in 2009, shortly after the completion of Building 1. This construction model has
been successfully duplicated in Crate & Barrel operations on the west coast as well as in the
northeast Without the ability to get the building pad in place for the eventual expansion to
over 800,000 sf Lincoln County would not have won this coveted project.
The location of the jurisdictional aquatically unimportant intermittent stream (Stream A)
within the center of the parcel creates a situation in which impacts are unavoidable when
Page 7 of 16
developing the site. The location of the important, perennial Larkard Creek and its
associated wetlands and floodplain have imposed regulatory constraints limiting the size of
the development footprint available on the property. In addition, the logistics of the
distribution center require product to enter the building from the front, or entrance road
(south) side and be shipped from the rear or Larkard Creek (north) side. These regulatory
and logistical constraints necessitate that the proposed development impacts be directed to
the intermittent, aquatically unimportant drainage feature, and away from the higher
functioning areas.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The jurisdictional boundaries of the stream and wetlands on the site were field verified by Mr.
Stephen Chapin of the USACE on January 15, 2008, and a Jurisdictional Determination dated
January 22, 2008 (Action ID #200800167) for what was referred to as "The Powell Property"
with the applicant/owner identified as TKC CXXI, LLC was received from the USACE on
January 28, 2008. Stephen Chapin identified Stream A as intermittent, aquatically unimportant.
Stream A was also field reviewed by Alan Johnson representing NCDWQ's Mooresville
Regional Office on May 21, 2008. Mr. Johnson concluded that Stream A was intermittent and
not subject to DWQ mitigation requirements.
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.
The Building II pad is scheduled to be graded now as part of Phase I, in order to prepare for the
near-term construction of Building II (estimated at 490,000 sf) that is needed to support new
concept stores currently coming on-line. Crate & Barrel anticipates Building II construction to
begin in 2009, shortly after the completion of Building I. No additional impacts to waters of the
U.S. would result and no future permit requests are anticipated.
Page 8 of 16
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The project involves the construction of a proposed Crate & Barrel distribution center.
Proposed plans will result in permanent impacts to approximately 800 linear feet (2,400
square feet/0.055 acre) of a jurisdictional, aquatically unimportant intermittent stream
(Stream A). The area of impact is located in the center of the project site, approximately
1,200 feet northwest of the intersection of Del Mar Road (SR 1587) and Maiden Highway.
The stream begins in the center of the property and flows north into Larkard Creek
(Attachment C - Figure C7.5).
Proposed plans call for the filling of a portion of Stream A for the preparation of the
development footprint. The project would result in permanent impacts to 800 if (0.055 acre)
of jurisdictional, unimportant intermittent stream (Stream A). Impact areas were calculated
using the OHW mark average channel width of 3 feet. Proposed impacts are summarized in
Table 1 below. A full size drawing (C7.0) of the overall plan is provided in the pocket in
Attachment C. Reference Attachment C - Figures C7.4 through C7.6 for the proposed
project plans and associated impacts to Stream A.
Impacts may result from the proposed sewer crossing of Larkard Creek. The proposed sewer
will be elevated over the bed of Larkard Creek. Two routes are currently being considered
for the sewer line (Attachment C - Figure C7.3). Route A proposes to cross Larkard Creek
at a point approximately 100 feet east of Finger Mill Road. Impacts associated with this
crossing location may include approximately 50 linear feet of impacts to Larkard Creek and
approximately 0.021 acre of temporary pact to Wetland A. Route B proposes to cross
Larkard Creek approximately 400 feet east of Finger Mill Road. The impacts associated with
this crossing location are 50 linear feet of potential impacts to Larkard Creek. Although no
riprap will be placed within the stream bed, some riprap may be used on the stream bank
below the ordinary high water line to facilitate the aerial crossing. The two proposed Larkard
Creek crossings have been identified in the field by the project engineer. Based on existing
topo?aphy and invert elevations, Route A has engineering advantages over Route B. The
single final crossing location will be determined after further engineering considerations have
been evaluated. Efforts will be made in final sewer design to eliminate the potential need to
Page 9of16
place riprap in Larkard Creek below the OHW line, thereby avoiding this regulated
activity/impact.
Activities on the project site involving impacts to waters of the U.S. will be required to
follow the General Conditions of the USACE Nationwide Permits (Federal Register Vol. 67,
No 10• updated March 2007)plicable USACE Wilmington District Regional Conditions,
and applicable NCDWQ consistency conditions (updated October 2007).
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 Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
Wetland A Temporary forested yes 20 0.021

Total Wetland Impact (acres) 0.021
3. List the total acreage (estimated) of all existing wetlands on the property: 0.4005 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact
?
Intermittent? Stream Width Length Impact
(indicate on ma Before Impact (linear feet) (acres)
Stream A Stream A fill intermittent 3 feet 800 0.055
Sewer Route A Larkard Creek riprap perennial 20 feet 50 0.023
Total Stream Impact (by length and acreage) 850 0.078
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, dredRlnR, 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
Page 10 of 16
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.078
Wetland Impact (acres): 0.021
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.099
Total Stream Impact (linear feet): 850
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): 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:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Due to the nature of the project avoiding impacts to Stream A while achieving project goals is
not possible There is no practicable alternative that would achieve the project purpose of
providing an adequately sized distribution facility and corresponding logistical operation that
would avoid or result in less adverse impact to waters of the U.S. Best management practices
(BMPs) and appropriate erosion and sedimentation controls will be installed and maintained
during construction activities to allow for the least adverse effect on the stream channel and
associated water quality. In an effort to minimize impacts, temporary sediment basins for
construction have been redesigned to minimize impacts to Stream A and the Larkard Creek
floodplain. The proposed sewer crossing of Larkard Creek will be designed to cross near
perpendicular to the stream flow, thus reducing the potential impacts associated with this aerial
sewer crossing. With the exception of temporary impacts resulting from the sewer crossing at
Page 11 of 16
Route A impacts to all of the site wetlands will be avoided. Efforts will be made in final sewer
design to eliminate the potential need to place riprap in Larkard Creek below the OHW line,
thereby avoiding t?his regulated activity/impact.
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
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr. state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
As described above efforts have been made to avoid and minimize impacts to waters of the
U.S. to the maximum extent practicable. The preservation of approximately 0.4005 acre of
on site wetland is proposed. Additionally, a preserved stream buffer, averaging
approximately 100 feet in width along Larkard Creek, and totaling approximately 9 acres is
proposed. Due to the location of Stream A within the central portion of the property, some
impacts to this drainage feature are unavoidable. However, approximately 1,050 linear feet
of Stream A will also be preserved. The preservation of the remaining streams, stream
buffer, and wetlands of the site will be formalized through the implementation of a deed
restriction. The applicant, however, poses that the deed restriction allow for possible future
disturbance to the preserved stream buffer for future utility crossings, stormwater
Page 12 of 16
management BMP's, sediment and erosion control measures, and/or a future roadway
crossing in the event these become necessary.
The possible sedimentation of Stream A and Larkard Creek during and immediately
following the construction phase will be minimized to the maximum extent practicable by
strict implementation of, and compliance with, a State-approved sediment and erosion
control plan. Erosion and sediment control measures will be inspected for compliance with
construction contract documents, as well as following storm events, to identify needed repair,
maintenance, or redesign.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to. contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
a
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Page 13 of 16
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
(Neuse), 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
(square feet Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank pf channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
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 24%, please provide calculations
demonstrating total proposed impervious level.
The Stormwater Management Plan (SWMP) for the site will be desimied in accordance with
North Carolina Division of Water Quality (NCDWQ) standards The final SWMP will be
submitted under separate cover. A pre-application meeting was held on April 15, 2008 with
Annette Lucas of the NCDWQ to discuss the SWMP for the proposed Crate & Barrel
Distribution Center. The SWMP that is being?prgpared is committed to providing 85% removal
of total suspended solids from the collected stormwater utilizing Best Management Practices
(BMP's), as per NCDWQ stormwater treatment requirements. The stormwater treatment BMP's
will be provided by collecting stormwater runoff from impervious areas of the site and directing
the collected stormwater runoff into wet detention ponds that are located between the posed
distribution center and the floodplain of Larkard Creek (Attachment C - Figure C7.0).
The stormwater will first enter the forebav of the wet detention ponds promoting the majority of
the suspended solids to fall out of the water column The stormwater leaving the forebav will
enter the detention portion of the wet pond for the remaining treatment Treated stormwater will
Page 14 of 16
be discharged through the outlet structure and into the existing woods up slope of the Larkard
Creek floodplain. Wet ponds #1 (Attachment C - Figure C7.3) and #2 (Attachment C - Figure
C7.4) will be constructed to serve the Phase I portion of the project Wet pond #3 (Attachment C
- Figure C7.5) shown for illustrative purposes will be designed and constructed later, during the
Phase II portion of the project.
Temporary sediment basins will also be used during the Phase I construction of the project
(Attachment C - Figure C7.7). During Phase I of the project the entire development footprint
will be graded as preparation for the building ads but only the western portion (Building I and
associated access and parking areas) of the project site will be constructed The graded building
pad area for Building II will be seeded to provide soil stabilization in preparation for the Phase II
construction. The Phase II building construction will also be committed to meeting NCDWQ's
stormwater management requirements Phase II construction is planned to begin shortly after
Phase I construction is complete anticipated late 2009 The applicant recognizes that the SWMP
may need to be revised to accommodate Building II construction and would need to be w Droved
by the NCDWQ prior to occupancy of Building II
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.
This project is served by municipal sanitary sewer service
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 an after-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 Phase II Building pad is scheduled to be graded now as part of Phase I in order to prepare
for the near-term construction of the Phase II Building (estimated at 490,000 sf) that is needed to
support new concept stores currently coming on-line Crate & Barrel anticipates Building II
construction to begin in 2009, shortly after the completion of Building I The applicant
recognizes that the SWMP may need to be revised to accommodate Building II construction and
would need to be approved by the NCDWQ prior to occupancy of Building II. The
implementation and maintenance of the DWQ-approved SWMP would prevent Building II
Page 15 of 16
construction and operation from contributing to both downstream impacts to water quality
cumulative impacts.
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).
Applicant/A
(Agent's signature is
an authorization letter from the applicant is provided.)
Page 16 of 16
ATTACHMENT B
AGENT CERTIFICATION OF AUTHORIZATION
AGENT CERTIFICATION OF AUTHORIIATtON
l K e--A h?'?' • ?PlI e representing TKC CYXVIII, LLC, hereby
certify that I have authorized Michael A. lagnocco, PV.S. of STV/Ralph Whitehead
Associates, to act on nay behalf and take all actions necessary to the processing, issuance
and acceptance of this permit and all standards and special conditions attached.
We hereby verify that the above information submitted in this application is true and
accurate to the best of out- knowledge.
en?e?f+? ?• ??ule f1U?Ot??3.2?
Applicant's Signature t M e vn b? >2
Lo )-00
bate
Agent's Signature U U
Date
Completion of this form will allow the agent to sign all future application correspondence.
ATTACHMENT C
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Soil Units Mapped On-Site
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PeC2 - Pacolet sandy clay loam, 8 to 15 percent slopes, eroded
RnC - Rion sandy loam, 8 to 15 percent slopes
RvA - Riverview loam, 0 to 2 percent slopes, occasionally flooded
Crate & Barrel Distribution Soil Survey Map
Center ''' STV/Ralph Whitehead
IV Associates
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ATTACHMENT D
NOTIFICATION OF JURISDICTIONAL DETERMINATION
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200800167 County: Lincoln U.S.G.S. Quad: Maiden
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: TKC CXXT, T LC.:. .
Address: 5935 Caruie ie Blvd.
Suite 200
Charlotte, NC 28209
Telephone No.:
Property description:
Size (acres) 135 Nearest Town South of Maiden
Nearest Waterway Larkard Creek River Basin Catawba
USGS HUC Coordinates N 35.5368 W 81.2138
Location description Powell Propertv located south of the Lincoln Co. Ind. Park; bounded by Larkard Creek to the
N U.S. 321 Business to the E. and S. and Finger Mill Road to the W.
Indicate Whicli of the FollowinLr Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X_ The waters of the U.S. including wetland on your property have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this deternnination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The properly is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Chapin at [phone] x224.
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adiacent to stream
channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the
property are unnamed tributaries toLarkard Creels and Larkard Creek which flows into Clark Creek which flows into
South Fork which flows into the Catawba River and ultimately flow to the Atlantic Ocean through the Catawba River
s s? tem.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington. Regulatory Division
Attn:Steve Chapin, Project Manager,
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 3/23/08.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.*:':
Corps Regulatory Official: s /11)
Date 01/23/2008 Expiration Date 01/23/2013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit
ligp://www.saw.usace.arm.ini]/WETLANDS/index.htmI to complete the survey online.

NOTIFICATION OF ADMINISTRATIVE, APPEAL OPTIONS AI\D PIt(?CF?? AND
j
itk REQUEST FOR APPEAL ;

Applicant: TKC CXXI, LLC File Ninnber: 2008-00167 Date: 1/23/08
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and. options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.lnil/inIet/functions/cw/ceewo/reg or
Corps regulations of 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You Hoist complete Section II of this form and return the form to the district engineer. Your
objections mist be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having deternnined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the pen-nit
• ACCEPT: If you received a Standard Permit, you may sign the pernnit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for firrther consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS 'TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Steve Chapin Mr. Mike Bell, Administrative Appeal Review Officer
USACE CESAD-ET-CO-R
151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28801-5006 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
-investigations..
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Steve Chapin, Project Manager, Asheville
Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
ATTACHMENT E
STREAM ASSESSMENT DATA FORMS
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 12/19/2007 Project: Powell Property Latitude: 35.53900 N
Evaluator: Site: Unimportant Intermittent Longitude-
Steven Busbee StreamA 81.21350 W
Total Points:
Stream is at least intermittent County: Other ?cc ee 4- (u er ortion
if? 19 or perennial if? 30 24.50Lincoln e.g. 4uad/v2/t pp p
A. Geomorphology (Subtotal = 16.0 ) Absent Weak Moderate Strong
18. Continuous bed and bank 2.0 0 1 2 3
2. Sinuosity 2.0 0 1 2 3
3. In-channel structure: riffle-pool sequence 1.0 0 1 2 3
4. Soil texture or stream substrate sorting 2.0 0 1 2 3
5. Activeirelic floodplain 1.0 0 1 2 3
6. Depositional bars or benches 2.0 0 1 2 3
7. Braided channel 0.0 0 1 2 3
8. Recent alluvial deposits 2.0 0 1 2 3
9 a Natural levees 0.0 0 1 2 3
10. Headcuts 2.0 0 1 2 3
11. Grade controls 0.5 0 0.5 1 1.5
12. Natural valley or drainagevvay 1.5 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.

0.0
No
= 0
Yes
= 3
- Man-made ditches are not rated: see discussions in manual
B. Hvdroloov (Subtotal= 4-5 1
14. Groundwater flowidischarge 0.0 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- dry or growing season
1.0 0 1 2 3
16. Leaflitter 0.0 1.5 1 0.5 0
17. Sediment on plants or debris 1.0 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? 1.5 No = 0 Yes = 1.5
C. Biclocly (Subtotal = 4.00 )
20'. Fibrous roots in channel 2.0 3 2 1 0
21 ' . Rooted plants in channel 2.0 3 2 1 0
22. Crayfish 0.5 0 0.5 1 1.5
23. Bivalves 0.0 0 1 2 3
24. Fish 0.0 0 0.5 1 1.5
25. Amphibians 0.0 0 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0.0 0 0.5 1 1.5
27. Filamentous algae; periphyton 0.0 0 1 2 3
28. Iron oxidizing bacteriaifungus. 0.0 0 0.5 1 1.5
29 t' . Wetland plants in streambed 0.00 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0
items zu ana t i iocus on me presence of upiana plants. Item 29 tocuses on the presence of aquatic or wetland plants-
Notes: (use back side of this form for additional notes.)
Sketch:
B. Extreme drought conditions in the region affecting Hydrology.
Biology score ow ue to no water present m c anne .
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 12/19/2007 Project: Powell Property Latitude: 35.54030 N
Evaluator: Site: Unimportant Intermittent Longitude:
Steven Busbee StreamA 81.2132o W
Total Points:
Stream is at least intermittent c County: Other Mhj. floodplain portion)
if? 19 or perennial if? 30 20.25 Lincoln g. Qua
A. Geomoroholoav (subtotal = 11. (1 ) Absent Weak Moderate I Strond l
1 `. Continuous bed and bank 1.0 0 1 2 3
2. Sinuosity 1.0 0 1 2 3
3. In-channel structure: riffle-pool sequence 1.0 0 1 2 3
4. Soil texture or stream substrate sorting 1.0 0 1 2 3
5. Active/relic floodplain 3.0 0 1 2 3
6. Depositional bars or benches 1.0 0 1 2 3
7. Braided channel 0.0 0 1 2 3
8. Recent alluvial deposits 2.0 0 1 2 3
9 a Natural levees 1.0 0 1 2 3
10. Headcuts 0.0 0 1 2 3
11. Grade controls 0.0 0 0.5 1 1.5
12. Natural valley or drainage\vay 1.0 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.

0.0
No = 0
Yes = 3
Man-mane ancries are not rated: see discussions in manual
B. Hvdroloav (Subtotal= 3.5 1
14. Groundwater flow/discharge 0.0 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- dry or growing season
0.0 0 1 2 3
16. Leaflitter 0.0 1.5 1 0.5 0
17. Sediment on plants or debris 1.0 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? 1.5 No = 0 Yes = 1.5
G. Bioloav (Subtotal = 4.75 l
20'. Fibrous roots in channel 2.0 3 2 1 0
21 '. Rooted plants in channel 2.0 3 2 1 0
22. Crayfish 0.0 0 0.5 1 1.5
23. Bivalves 0.0 0 1 2 3
24. Fish 0.0 0 0.5 1 1.5
25. Amphibians 0.0 0 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0.0 0 0.5 1 1.5
27. Filamentous algae; periphyton 0.0 0 1 2 3
28. Iron oxidizing bacterialfungus. 0.0 0 0.5 1 1.5
29 '. Wetland plants in streambed 0.75 FAC = 0.5: FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0
items Lu ana 11 locus on the presence of upland plants. Item 29 focuses on the presence of aquatic or vvetland plants.
Notes: (use back side of this form for additional notes.) Sketch:
B. Extreme drought conditions in the region affecting Hydrology.
_C- io ogy score ow ue to no water present m c anne .
-------------- _.__. . ...... __....____ __?_.?..... _ _...... OFFICE USE ONLY: USACE AID# DWQ #
SA-1 - Unimportant Intermittent Stream A (upper portion)
STREAM QUALITY ASSESSMENT WORKSHEET
1. Applicant's Name: TKC CXXI, LLC 2. Evaluator's Name: Steven Busbee
3. Date of Evaluation: 12-19-07
4. Time of Evaluation: 1:
5. Name of Stream: Stream A-Unnamed Tributary to Larkard Creek 6. River Basin: Catawba
7. Approximate Drainage Area: +/- 25 acres 8. Stream Order: 1st
9. Length of Reach Evaluated: -5001f 10. County: Lincoln
11. Location of reach under evaluation (include nearby roads and landmarks): From Charlotte, take I-85 S to Exit 17. Take US 321
North and go approximately 25 miles and turn right onto US 321 Business (Maiden Hy). Take Maiden Hwy north approximately
0.25 mile and turn left onto Finger Mill Road. The stream is located approximately 0.25 mile northeast of the Finger Mill Road and
Maiden Hwy intersection.
12. Site Coordinates (if known): 35.5390°N 81.2135°W
13. Proposed Channel Work (if any): unknown
14. Recent Weather Conditions: sunny and cool
15. Site conditions at time of visit: sunny and cool
16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat
-Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area:
18. Does channel appear on USGS quad map? YES (O 19. Does channel appear on USDA Soil Survey? YES (O
20. Estimated Watershed Land Use: 10 % Residential 10 % Commercial 20 % Industrial 10 % Agricultural
30 % Forested 20 % Cleared / Logged % Other
21. Bankfull Width: 2-6' 22. Bank Height (from bed to top of bank): 1
23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%)
24. Channel Sinuosity: Straight -Occasional Bends X Frequent Meander -Very Sinuous -Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of
100 representing a stream of the highest quality.
Total Score (from reverse): 33 Comments:
Evaluator's Signature ?? AA' Date Z. - C7 O
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
SA-1 - Unimportant Intermittent Stream A (upper portion)

#
44

CHARACTERISTICS ?_ -__-

ECOREGIO N
'
Coastal Piedmont -

T RANGE
'Mountain

SCORE
Presence of flow / Persiatent outs in stream 0--5 0-4 0-5 1
no flow or saturation 0, strong g flow = max points)

2 Evidence of past human alteration
'
0-6 '
0-5
0-5
3
- extensive alteration = 0; no alteration =
max points)
3 Riparian zone 0-6 0-4 0-5 ° 1
(no buffer = 0; contiguous, wide buffer = max p points)
4 Evidence of nutrient or chemical discharges 0-5 0-4 0-a 3
extensive discharges 0; no disehar es - znax points)

- Groundwater discharge ' 0-3 0-4 0-4 0
- no discharge= 0; springs, seeps, wetlands, etc. =_max points)
?.,
6 Presence of adjacent floodplain
U 4
0
4
0
2
CA
(no iloorih]ain = 0; extensive floodplain = =_ points ) - - 0

7 Entrenchment I floodplain access

(deeply entrenched = 0; frequent floodr ntax points )
0?
0- ?
2
Presence of adjacent wetlands

(no wetlands - 0; large adjacent wetlands= n,utnts) i- 6 (i I 0
` 0

t Channel sinuosity

(r,: tens i%e channelization = 0; natural meander maxPoints) O-5 U-4 U 3
Sediment input
Sediment -- ---

- ?- -
t?xtaiSi? c deposition 0; little or no sedinteiu - max points ) 0 ? 0 -4 i 04 2
1 1 Size & ddi ersity of channel bed substrate *

(fine, homopcnous -- 0; large, dnerse sizes ma.x points) () - } 0 - 5
NA 2

? Evidence of channel incision or widening
1
(d
cc ply incised - 0; stable bed & bank := maYpin(s)
05 - -?- -
(t -4?
(?-- 3
_
Presence of major bank failures

1.
0 3
- (severe erosion 0; no erosion, stable banks - max points) - ?
1 Root depth and density on ban). ?
1 -

f no % isible roots - 0; denser outs throughout = max (points )

- 0
1
J 0 4 0 3

l.?
impact try agriculture or hvestocl:production

substantial impact 0; no eiidc•nce - max Points) O - ,

d

S
0 0
It Presence of riffle pool/rtpple pool complexes

? nor rules/rt p pies or
?ll deg ekr ed - nix ,ointsj
t 0? 0-? 0 Ci 1
Hab?tut
con
tplexrty 0-0 0- 6 0 6 2
(_lutle or no habitat - O; tie uent varied ]tabitats max-points)
C anopy coNcrage over stre:unbed

(no shadm- pe Matron U; continuous c rnop?mas Points)
Substrat
b
dd
d 0 > %i 1

1) e ent
e
e
ncss
(deeply embedded loose structure max)
NA*
0 4 0-4 2
Presence of stream invertebrates

E
(Ito evrdenre = 0; common, numerous tVI)es - Inax Donuts) O-4 0-ti 0 -> 0
r l Presence of amphibians
'rdc ncc - (1 conuiurn, numerous ttipcs -max
,ointsJ
Presence of fish 0 4
_ a 0-4 0
0 4 0} a-1 0
' ? -- (no c?tdcnco 0 cu„-anon, numerous is pc. -max pornts )

E
id
ildlif
?
v
ence of w
e use
0
b
0 S 0
5 1
(no e%rdence - 0: abundant c% idcncc: -, max points)
-
-
Total Points Possible 100
100 100
- --?- ---

TOTAL SCORE (also enter on first page) 33

r nose characteristics are not assessed to coastal streams.
OFFICE USE ONLY USACE AID# DWQ #
SA-2 - Unimportant Intermittent Stream A (floodplain portion)
STREAM QUALITY ASSESSMENT WORKSHEET
1. Applicant's Name: TKC CXXI, LLC 2. Evaluator's Name: Steven Busbee
3. Date of Evaluation: 12-19-07 4. Time of Evaluation: 1:30 pm
5. Name of Stream: Stream A-Unnamed Tributary to Larkard Creek 6. River Basin: Catawba
7. Approximate Drainage Area: +/- 25 acres 8. Stream Order: 1st
9. Length of Reach Evaluated: -300 if
10. County: Lincoln
11. Location of reach under evaluation (include nearby roads and landmarks): From Charlotte, take I-85 S to Exit 17. Take US 321
North and go approximately 25 miles and turn right onto US 321 Business (Maiden Hwy). Take Maiden Hwy north approximately
0.25 mile and turn left onto Finger Mill Road. The stream is located approximately 0.25 mile northeast of the Finger Mill Road and
Maiden Hwy intersection.
12. Site Coordinates (if known): 35.5403°N 81.2132°W
13. Proposed Channel Work (if any): unknown
14. Recent Weather Conditions: sunny and cool
15. Site conditions at time of visit: sunny _and cool
16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat
Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters -Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area:
18. Does channel appear on USGS quad map? YES (O 19. Does channel appear on USDA Soil Survey? YES 0
20. Estimated Watershed Land Use: 10 % Residential 10 % Commercial 20 % Industrial 10 % Agricultural
30 % Forested 20 % Cleared / Logged % Other (
21. Bankf ill Width.. 3-10' 22. Bank Height (from bed to top of bank): 1-3'
23. Channel slope down center of stream: X Flat (0 to 2%) -Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%)
24. Channel Sinuosity: Straight X Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of
100 representing a stream of the highest quality.
Total Score (from reverse): 46 Comments:
Evaluator's Signature Date % Z- / ? .- C) This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 05103. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
SA-2 - Unimportant Intermittent Stream A (floodplain portion)

' ECOI2EGI 'T RANGE _
E
, J CHARACTERIS
14CS C
t
l ?- SCORE
oas
a
Piedmont Mountain

i Presence of flow / persistent pools in stream
0 4
U-
0--5
0
no flow or saturation= 0; strop flow = max points) _

2 Evidence of past human alteration
?? 6
0-5 1
0 5
3
(extensive alteration = 0; no alteration- max points)

3 Riparian zone
0 - 6
0-4
0-5
4
do buffer = 0; conti uous, wide buffer - max of nt,)

4 Evidence of nutrient or chen-deal discharges
(extensive discharges = 0; no discharges = max ©ints)
4
0 -4
3
Groundwater discharge (i
4 4 2
0
(no discharge= 0; springs, seeps, wetlands; etc.= inax points) - -

(, Presence of adjacent floodplain
0-4
O-4
4
- y (no floodplain 0; extensive iloodplairr- maxpoin(s)
Entrenchment / floodplain access ?) t) - 4 0 2
a" i (dce 1 entrenched o: fi et went fl)odin,, = max points) -
8 Presence of adjacent N?etlands 0 (i 0 4 0 -? 2
(no v.ctland's (); lar,-e adjacent wetlands - max points)
9 Channel sinuosity U- U- 4 0- 2
(cxtensn e channeli?ahon -- 0; natural meander - ma-x oio(s)

10 Sediment input
?
0
0-
4

0 4 2
(extensive deposition O) little or no sednn(:nt - ` max points)

11 Size & diversity of channel bed substrate
NA*
0
4
S
0
0
(tme,homogenous,-0; lake, d»erse sizes max points) _ - -
?
Evidence of channel incision or ?? ideniug
4
0
3
(dceply incised= 0; stable bed & banks max points) -

13 Presence of major bank failures
0 -5
0
5
O 4
(sev_ew erosion -0' no erosion, stable banks rrri.xpomts) -

14 Boot depth and density on banks
0
0-4
o-5 3
E-' (no visible roots 0; dense roots throu(hout max Dints)
Impact by agriculture or livestock production
5
0-4
(1-?
3
(substantial impact -0; no (!%°idcncc max points)

10 Presence of riffle-pool/ripple-pool complexes
0
3
0?
0 v
0
?
(no riffles ripples of pools = 0; well-dcvclopcd max points) -
Q
17 Habitat complexity
0-f; T
? 0-6
0-6
2
?
'-" (li(tle or no habitat - 0; frequent, varied habitats ma.x points)
--
-- ---------
- - - - -

Lb Canopy coverage over streambed
-

0

0

4
.,?
w (no shadina _ ?getation 0; continuous, canopy= nia.x points)
Substrate embeddedness
NA*
0-4
0-4 1
((hcc ply embedded - o; loose structure == max)
P

?„
?U resence of stream invertebrates
Inn c\,idcncc 0; cornrnon, numcroUti tv1) max points)
0-4
0 5
0-?
0
Presence of amphibians

Q 2-1
(no c%- dente =0; common, numerous tEes = max
X,oints i
- 0-4 o--4 0 4- 0
O 22 Presence of fish 0 4 04 0-4 0
-+ no evidence = 0; comtnon, numerous types = mas p( ints)
Evidence of wildlife use

I I
(no c?idence= 0; abundant cvidence-max points) 0--6 0- 5 0-5 2
Total Points Possible 100 100 100
-
-
TOTAL SCORE- (also enter on first page) 46
* These characteristics are not assessed in coastal streams.
ATTACHMENT F
ROUTINE WETLAND DETERMINATION DATA FORMS
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Powell Property Date: 12/18/07
Applicant/Owner: TKC CXXI, LLC County: Lincoln
Investigator(s): Steven Busbee, PWS State: NC
Do Normal Circumstances exist on the site? Yes No Community ID: WetlandB
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: DPI
(If needed, explain on reverse. DP1 also represents Wetland A
VEGETATION
Dominant Plant Species
1 Betula nigra Stratum Indicator
tree FACW Dominant Plant Species Stratum Indicator
9
2 Acer rubrum tree FAC 10
3 Smilax rotundifolia vine FAC 11
4 Vaccinium sp. shrub 12
5 Carex sp. herb 13
6 Platanus occidentalis tree FACW- 14
7 15
8 16
Percent of Dominant Species that are OBL, FACW or FAC (excluding
FAC-)

4/4 = 100%
All of the dominant p lant species are FAC or wetter.
HYDROLOGY
Recorded Data (Describe in remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
X Water Marks
Drift Lines
Field Observations: X Sediment Deposits (on leaves)
X Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: >12 (in.) X Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: 12 (in.) X FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Wetland hydrology indicators are p resent.
ACOE Wetland Data Forms.xls Page I Of 2 6/10/2008
SOILS
DP 1 Continued
Map Unit Name
(Series and Phase): Chewacla loam, 0-2% slopes, frequently flooded (ChA) Drainage Class somewhat poorly dralne
Reference: USDA Web Soil Survey
Taxonomy (Subgroup): Fluva uentic D strude is Indicate Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 B 10YR 4/1 None None loam
6->12 B 10YR 4/1 10YR 4/6 few/faint loam
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions)
Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Indicators of hydric soils are present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Circle)
Wetland Hydrology Present? Yes No (Circle)
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No
Remarks:
Data point is representative of a jurisdictional wetland area.
Approved by HQUSACE 2/92
ACOE Wetland Data Forms.xls Page 2 of 2 6/10/2008
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Powell Property Date: 12/18/07
Applicant/Owner: TKC CXXI, LLC County: Lincoln
Investigator(s): Steven Busbee, PWS State: NC
Do Normal Circumstances exist on the site? Yes No Community ID: wettandc
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: DP 2
(If needed, explain on reverse.) I
VEGETATION
Dominant Plant Species
1 Betula nigra Stratum
tree Indicator
FACW Dominant Plant Species Stratum Indicator
9
2 Acer rubrum tree FAC 10
3 Smilax rotundifolia vine FAC 11
4 Vaccinium sp. shrub 12
5 Carex sp. herb 13
6 Ilex opaca tree FAC- 14
7 15
8 16
Percent of Dominant Species that are OBL, FACW or FAC (excluding
FAC-)

3/4 = 75%
Greater than 50% of the dominant plant sp ecies are FAC or wetter.
HYDROLOGY
Recorded Data (Describe in remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
X Water Marks
Drift Lines
Field Observations: X Sediment Deposits (on leaves)
X Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: 12 (in.) X Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: 0 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Wetland hydrology indicators are p resent.
ACOE Wetland Data Forms.xls Page 1 of 2 6/10/2008
SOILS
DP 2 Continued
Map Unit Name
(Series and Phase): Chewacla loam, 0-2% slopes, frequently flooded (ChA) Drainage Class somewhat poorly drained
Reference: USDA Web Soil Survey
Taxonomy (Subgroup): Fluva uentic D strude is Indicate Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(Inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-8 A 5YR 3/1 None None coarse sand to sandy loan
8->12 A 2.5YR 2.5/1 None None loamy sand
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions)
Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Indicators of hydric soils are present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Circle)
Wetland Hydrology Present? Yes No
(Circle)
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No
Remarks:
Data point is representative of a iurisdictional wetland area
Approved by HQUSACE 2/92
ACOE Wetland Data Forms.xis Page 2 of 2 6/10/2008
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Powell Property Date: 12/18/07
Applicant/Owner: TKC CXXI, LLC County: Lincoln
Investigator(s): Steven Busbee, PWS State: NC
Do Normal Circumstances exist on the site? Yes No Community ID: WetlandD
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: DP 3
(If needed, explain on reverse.) I DP3also represents Wetland E
VEGETATION
Dominant Plant Species
1 Microstegium vimineum Stratum
herb Indicator
FAC+ Dominant Plant Species Stratum Indicator
9
2 Betula nigra tree FACW 10
3 Smilax rotundifolia vine FAC 11
4 Carex sp. herb 12
5 13
6 14
7 15
8 16
Percent of Dominant Species that are OBL, FACW or FAC (excluding
FAC-)

3/3 = 100%
Greater than 50% of the dominant plant sp ecies are FAC or wetter.
HYDROLOGY
Recorded Data (Describe in remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Field Observations: X Sediment Deposits (on leaves)
X Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: >12 (in.) X Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: >12 (in.) X FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Two or more rimar and secondarv wetland hydrology indicators are present. The lack of h drolo
within the wetland could be due to the extremely dry conditions present in the region.
ACOE Wetland Data Forms.xis Page 1 of 2 6/10/2008
SOILS
DP 3 Continued
Map Unit Name
(Series and Phase): Riverview loam, 0-2% slopes, occasionally flooded (RvA) Drainage Class welldrauted
Reference: USDA Web Soil Survey
Taxonomy (Subgroup): Fluventic D strude is Indicate Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(Inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 A 10YR 3/2 IOYR 3/4 many/distinct loam
6->12 B IOYR 3/4 None None loam
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions)
Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Indicators of hydric soils are present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Circle)
Wetland Hydrology Present? Yes No (Circle)
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No
Remarks:
Data point is representative of a jurisdictional wetland area
Approved by HQUSACE 2192
ACOE Wetland Data Forms.xls Page 2 of 2 6/10/2008
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Powell Property Date: 12/18/07
Applicant/Owner: TKC CXXI, LLC County: Lincoln
Investigator(s): Steven Busbee, PWS State: NC
Do Normal Circumstances exist on the site? Yes No Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID: DP 4
(If needed, explain on reverse.) I
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 Quercus alba tree FACU 9
2 Acer rubrum tree FAC 10
3 Juniperus virginiana shrub FACU- 11
4 Quercus rubra tree FACU 12
5 Liquidambar styraciflua tree FAC+ 13
6 Pinu.s taeda tree FAC 14
7 15
8 16
Percent of Dominant Species that are OBL, FACW or FAC (excluding
FAC-)
3/6 = 50%
50% of the dominant p lant species are FAC or wetter.
HYDROLOGY
Recorded Data (Describe in remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Field Observations: Sediment Deposits (on leaves)
Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: >12 (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: >12 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Wetland hydrology indicators are not present
ACOE Wetland Data Forms.xls Page 1 of 2 6/10/2008
sn11 S
DP 4 Continued
Map Unit Name
(Series and Phase): Pacolet sandy cla y loam, 15-25% slopes ( PaD) Drainage Class well drained
Reference: USDA Web Soil Survey
Taxonomy (Subgroup): T is Kanha ludults Indicate Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(Inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 A 10YR 4/3 None None loam
4->12 B 10YR 4/4 None None clay loam
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions)
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Indicators of hydric soils are not present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Circle)
Wetland Hydrology Present? Yes No
(Circle)
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No
Remarks:
Data point was taken in mixed hardwood forest located adjacent to Wetland C. The data point is
representative of a non-jurisdictional upland area.
Approved by HQUSACE 2192
ACOE Wetland Data Forms.xls Page 2 of 2 6/10/2008
ATTACHMENT G
REPRESENTATIVE PHOTOGRAPHS
Request for Nationwide Permit #39
Proposed Crate & Barrel Distribution Center
STV/Ralph Whitehead
Associates
June 12, 2008
Photograph 1. Typical view of Stream A, downstream (north) end.
Photograph 2. Typical view of Stream A, upstream (south) end.
Request for Nationwide Permit #39
Proposed Crate & Barrel Distribution Center
June 12, 2008

Photograph 3. Typical view of linear wetlands contained within the Larkard Creek floodplain.
Photograph 4. 't'ypical view of linear wetlands contained within the Larkard Creek floodplain.
t A STV/Ralph Whitehead
.,, Associates
Request for Nationwide Permit #39
Proposed Crate & Barrel Distribution Center
June 12, 2008
STV/Ralph Whitehead
Associates
Photograph 5. Typical view of Larkard Creek.