20061652 Ver 2_401 Application_20080608

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Wetland and Natural Resource --: ?_
Consultants, Inc.
June 24, 2008
US ACE, Asheville Regulatory Field Office NC DWQ
Attn: Mr. Steve Chapin Attn: Mr. Alan Johnson
151 Patton Avenue, Room 208 610 East Center Ave., Suite 301
Asheville, North Carolina 28801-5006 Mooresville, NC 28115
Re: Rocky River Retail Investors, LLC - Reedy Creek Commons Shopping Center
Mecklenburg County, NC
US ACE AID #200630076, DWQ# 06-1652
404 Permit and 401 Certification Reauthorization Request
Dear Mr. Chapin and Mr. Johnson:
The purpose of this correspondence is to request that the Nationwide Permit 39 and the 401 Water
Quality Certification for the above referenced project be reauthorized. The permit was grandfathered
for a year past the expiration, since the client had the work under contract before the expiration date
of March 18, 2007. However, due to extenuating circumstances, Rocky River Retail Investors, LLC was
not able to complete the authorized impacts for the Reedy Creek Commons Shopping Center by March
18, 2008. Significant resources have been expended in reliance of the issued permit, and the client has
contracted with our firm and an engineering firm to expedite the process of completing the impacts.
A copy of the 404 Permit and 401 Water Quality Certification are attached for your reference. The
impacts will remain the same as those previously authorized, 424 linear feet of stream (194 of which will
occur to low quality intermittent streams) for 3 road crossings. In addition, the client has already paid
the NC EEP mitigation fee for the 424 linear feet of stream. A copy of the fee receipt is also attached
for your review.
A copy of the entire permit application previously submitted is also attached for your review. A check
for $570 is included in the packet to the Raleigh DWQ office for the WQC fee. Please feel free to call
with any questions that you have.
Best regards,
1' An?u?a ?0-W'?a.tn
Pamela Bowman
828-310-6845
Cc: NCDWQ
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
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JUN 2 7 2008
WE LANDS AHD''TORt?4%ATER BttAt4C8
Newton Office
PO Box 224 wnrinc.com
Newton, NC 28658
828-465-3035
828-465-3050 Fax 1
Canton Office
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax
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Ecosystem
PROGRAM
INVOICE
April 24, 2007
Mark Ball
Rocky River Retail Investments, LLC
3735 Beam Road, Suite B
Charlotte, NC 28219
Project: Reedy Creek Commons Shopping Center
County: Mecklenburg
DWQ#: 06-1652
CO E#: 200630076
EEP #: ILF-2006-4917
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404/CAMA permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with
15A NCAC 21-1.0500, the amount you owe is based upon the 2006-07 Fee Schedule and has been calculated as follows (Please note:
payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly
Williams at [phone].
Habitat Type
Stream
Invoiced Amount
424 linear feet
TOTAL AMOUNT DUE if paid within 60 days
$98,368.00
If payment is not received within 60 days of the date of this invoice, NCEEP will issue a new invoice based on the fee schedule in
effect at that time. Note that your permit(s) may require payment before this date. Please send a check payable to NCEEP for the
Total Amount Due to the appropriate addresses below and enclose a copv of this invoice. .
US Mail:
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Fee Schedule Cost
$ 232.00 = $98,368.00
Physical Address (for other delivery services):
NCDENR Ecosystem Enhancement Program
2728 Capital Boulevard, Suite 1H 103
Raleigh, NC 27604
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the account name on the check is not the same as the permit holder's name, please include a
signed statement by the permit holder that the check is beiniz written on behalf of, and with full knowledee and authorization of, the
ermit holder
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES
AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE-Asheville; Thelma Hemmingway- Wilmington
Alan Johnson, DWQ-Mooresville
Pamela Bowman, agent
File
RP,sto?r r?... F ... PYotecui q Ou,Y State,
T
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
16-25-' LI2? C9:52 FRC°'i-DFTtP EEP
Mark Bail
Rocky River Retail Investmerts, LLC
3735 Beam Road, Suite s
Charlotte;N!,=' 28219
y19715?GI?l
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raoowun
RECEIPT
June 13. 2007
Project: Reeds Creek Cantmany Shopping Center
County: Mecklenburg
DWQ#: 06.1652
COE#: 20063007 6
ERP 4: 1LF-20064917
Amount Paid; $98,363.00
Check. Plumber : 153
T-07- L31 1;-827
The North Carrnlina Ecosy:tcm Enhancement Program (NC:EEP) has received a c4,c.ck as indi,:aced abova as pu menr for the
compensatory mitigation recloirerrlents of the 401 Water Quality Certificauon/Sec-ton 4,30CAlvt Perr.rrtts i issucc; for tl:t"
abev,? referenedd project, This receipt serves as notification that your compensatory mitigation requirements mso,?iated ,vi`.h
the authorized activity as specified below have been satisfied. YOU must also '.ornPly with all ^.ths conditicns o this
c erd6cation and any other state, federal or local government permits or 3uthorizalian associated wirh this activk'.
:ate N: EEP, by acceptance of this payment, aokno,vledges that the NCELP is responsible for the. cornrensatory mitigation
requirements associated with the project ncr r.:u and agrees to provide the compensatory mitigdtfA as specified ir. the pcamit,
The arrogation will be performed in ace rdanoe with the Illemorandcm of Uvdcrstauding between the 1tiC Depar!ment of
Environment and Natural Resources and the U5 Army Corps of Engineers dated L%Io-ember 4, 1)98, as indirat-cd below.
- - - --------------------------
River Basin Sim-am Credits Wetiand Crc;lits 13uf.er & II
t-U i ?;1'near IeCij ? iacres> ? ?Sq. Ft.;
Cold C,iul I Warm. RiparianTOn-Riparian 1 Const?I Marsh
L Yadkin 1 0 Q il 424 0 U 0 j -?
03040105
Please note 11' a t a paYmcnt made to the Ecosystem. Enhancement Program is not reimbarsable unless a iequcst for
reimbursement is received within 12 morttts of the date of the rceeip!. Anv such request :crust also be ac:;ompanied by letters
from *tht permitting agencies stating that the penrai and/or authorization have been rescinded, If tiou haee any questions or
nccd additional information, please contact Kelly Williams at [phone].
Sincere:y,
r.
William, D' . Gilln=' PF
DirCMT
cc: Cyndi Karoly, WetlandaiQi Unit
Amanda Jones, USA.CH_Asheville; Thelrna ricmmingway- Wilmington
Alan Johnson, LWQ-Mooresville
Pamela Bowman, agent
File
pzatoratg.. -pro". ow- State,
A
Ws"
North Carolina Ecosystem Enrn,ancament Program, 1662 Mail Sprr'cs Center, Raleigh, NC 27699-1652 /,919-715-0476 i 'mrvsn.nceep.r:et
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200630076 County: Mecklenburg USGS Quad: Harrisburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Rocky River Retail Investors, LLC
Address: 3735 Beam Road, Suite B
Charlotte, NC 28217
Telephone No.: 704-357-1220
Size and location of property (water body, road name/number, town, etc.): The site is located at 4200
Rocky River Road, in Charlotte Mecklenburg County North Carolina
Description of projects area and activity: This permit authorizes installation of culverts associated
with road crossings for a commercial development Impacts to stream channels authorized by this
permit are 424 linear feet of stream channel.
Mitigation Condition: You shall mitigate for unavoidable impacts to 424 linear feet of stream
channel associated with this project by payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount necessary to perform restoration to 424
linear feet of warm water stream in the Yadkin River Basin (Cataloging Unit 03040105)
Construction within iurisdictional areas on the property shall begin only after the
permittee has made full payment with certified check to the NCEEP, and the NCEEP has
made written confirmation to the District Engineer, that it agrees to accept responsibility
for the mitigation work required pursuant to Paragraph IV D of the Memorandum of
Understanding between the North Carolina Department of Environment and Natural
Resources and the U.S. Army Corps of Engineers, Wilmington District, dated November 4,
1998.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: November 21, 2006
Expiration Date of Verification: NLarch 18, 2007
CF: WNR, Attn: Tamp Bandy, P.O. Box 224, Newton, NC 28658
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>

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 14, 2006
DWQ# 06-1652
Mecklenburg County
Mr. Mark Ball
Rocky River Retail Investments, LLC
3735 Beam Road, Suite B
Charlotte, NC 28219
Subject: Reedy Creek Commons Shopping Center
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ball:
You have our approval, in accordance with the attached conditions and those listed below, to impact
424 linear feet (If) of unnamed tributary to Reedy Creek in order to construct the Reedy Creek Commons
Shopping Center in Mecklenburg County, as described in your application received by the Division of Water
Quality (DWQ) on October 16, 2006. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The general certification allows you to use Nationwide Permit Number
39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted certification will expire when the associated 404 permit expires unless otherwise
specified in the general certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
certification and approval, letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain benches or
similar measures. These measures must be approved, in writing, by this office prior to construction.
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
Nom` Carolina
?tura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
internee mwaterquality.org FAX [phone]
An Equal OpportunirylAffinnative Action Employer - 50%a Recycled(10%, Post Consumer Paper
4. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
5. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order
to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 26 .0233(10). Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program), no stream impacts should occur. The In-Lieu-Of-Fee
Coordinator should be contacted at [phone] if you have any questions concerning the EEP. You have
one month from the date of this certification to make this payment. For accounting purposes, this certification
authorizes the fill of 424 linear feet of streams in the Yadkin River Basin, (Cataloging Unit 03040105); and
424 linear feet of stream mitigation is required. Please be aware that the EEP rules require rounding of
stream impacts to the nearest foot (15A NCAC 2R .0503(b)).
6. The planting of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in
the streambed, unless approved by the DWQ.
7. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams will not be impacted due to sediment accumulations, scouring or erosion of the stream
banks.
8. A final written storm water management plan shall be approved, in writing, by this office prior to the
construction of any permanent facilities at the site. The storm water facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any permanent building is occupied at the site, the facilities (as approved by this office) shall be
constructed and operational, and the storm water management plan (as approved by this office) shall be
implemented. The structural storm water practices as approved by this office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural storm water facilities shall be made without
written authorization from the Division of Water Quality.
9. No waste, spoils, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
10. Sediment and erosion control devices shall not be placed in wetlands or waters to the maximum extent.
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
11. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality. Please send photographs of
the upstream and downstream sides of each culvert site to document correct installation, along with the
Certificate of Completion form.
12. Continuing Compliance. The applicant (Rocky River Retail Investments, LLC) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing, You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Alan W. Klimek, P. E.
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Becky Fox, EPA
Central Files
File Copy
Tamp Bandy
WN;t
Wetland and Natural Resource
Consultants, Inc.
X11 /r
October 13, 2006
US ACE, Asheville Regulatory Field Office
Attn: Ms. Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
NC Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
Re: Rocky River Retail Investors, LLC - Reedy Creek Commons Shopping Center
Mecklenburg County, NC
Permit Application
AID #20060076
Dear Ms. Jones:
The purpose of this correspondence is to request that you issue a NW Permit 39 Verification for
the above referenced project. The project involves the construction of road crossings for the
purpose of developing the site for commercial use. Stephen Brown from ESC, Inc. completed the
wetland delineation of the site and obtained the attached JD (dated November 16, 2005) from your
office. The JD was under JDH Capital, LLC, but the current owner is Rocky River Retail Investors,
LLC. A copy of the signed wetland survey map is also attached for you review.
This permit application requests authorization for 424 linear feet of impact for three piped road
crossings. 230 linear feet of the impact will be to streams determined to be perennial, while 194
linear feet of impact will occur to a stream assessed to be intermittent. The intermittent stream
is of low quality due to historical impacts from cattle and agricultural uses. The waiver of the 300
foot limit of stream bed impacts under NWP 39 is requested as proposed impacts are assessed to
have no more than minimal adverse effects on the aquatic environment due to the impaired
conditions of the intermittent stream bed. The roads are necessary to provide access to the site
and to allow for required access to Rocky River Road and Hood Road.
Mitigation of stream impacts is proposed by purchase of credits into the NC EEP for 424 linear
feet of stream restoration. The in lieu fee request form is attached for your review. All other
remaining stream reaches and wetlands on the site will be left undisturbed.
Newton Office Canton Office
PO Box 224 wnrinc.com PO Box 882
Newton, NC 28658 Canton, NC 28716
828-465-3035 828-648-8801
828-465-3050 Fox 1 828-648-8802 Fax
Since the site is proposed for commercial development, the applicant has agreed to implement
storm water controls consistent with Mecklenburg County that also fulfill the requirements of
DWQ. General Certification 3402 states that "approval of storm water management plans by the
Division of Water Quality's other existing state storm water programs including appropriate local
programs are sufficient to satisfy this Condition as long as the storm water management plans meet
or exceed the design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs." The applicant's
proposed storm water control plan will meet the Condition, since Mecklenburg County's storm water
management criteria exceeds that required by DWQ. Storm water runoff will be managed through
proven techniques which satisfy the standards imposed by the City of Charlotte Ordinances and the
Charlotte Mecklenburg Design Storm Water Manual. Surface level storm water detention, will be
located in the common open space and not in the setback or buffer.
The detention shall tie-in to the existing abutting storm water system(s). The receiving drainage
system that abuts the site will be analyzed to ensure that it will not be taken out of standard due
to this development. If it is found that the development will cause the receiving water system to
be taken out of standard, the applicant will provide appropriate detention to prevent this from
occurring. If the existing, receiving drainage system is deemed to be out of standard prior to the
development of this site, the applicant agrees to provide adequate detention to ensure that the
system will not be additionally overburdened.
Additionally, the applicant will control and treat the difference in storm water runoff volume
leaving the project site between the pre and post development runoff conditions for the 2-year 24-
hour storm. Runoff draw down time shall be a minimum of 24 hours, but not more than 120 hours.
Peak storm water release rates should match pre-development rates for the 2-year and 10-year 6-
hour storm events. The use of structural storm water treatment systems (wet ponds) shall be
incorporated into the site and designed to have an 85% average annual removal for Total Suspended
Solids generated from the development according to specifications in the North Carolina
Department of Environment and Natural Resources Best Management Practices Manual, April 1999.
Your prompt consideration to this permit application is greatly appreciated. Please feel free to call
with any questions that you may have.
Best regards,
Tamp Bandy
828-302-3437
Cc: NCD WQ
Mr. Alan Johnson
610 East Center Ave., Suite 301
Mooresville, NC 28115
Newton Office Clyde Office
PO Box 224 wnrinc.com 217 Paragon Parkway, # 142
Newton, NC 28658 Clyde, NC 28721
828-465-3035 828-627-0051
828-465-3050 Fax [phone] Fax
Needed Information for Jusidictional & Permit Requests:
Name, Mailing Address, Phone Number of Owner/Applicant
Name: Mark A. Ball
Company: Rocky River Retail Investors, LLC
Address: 3735 Beam Road, Suite B
Charlotte, NC 28217
Phone: [phone]
Street Address of Project
4200 Rocky River Road, Charlotte, NC 28215
Waterway
UT to Reedv Creek
Basin
Yadkin
City
Charlotte
County
Mecklenburg
Decimal Degree Coordinate Location of Project Site
35.2728 N 80.6990' W
USGS Quadrangle Name
Harrisburg
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina, 28402-1890
-and-
NC Division of Water Quality, Wetlands Unit
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina, 27604-2260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource
Consultants, Inc. to act on my behalf as my agent during the determination of regulated limits of waters and
wetlands and processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean
Water Act and the Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Wetland and Natural
Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information needed for
permit processing at the request of the Corps or DWQ.
Property Owner / Applicant Rocky River Retail Investors, LLC
Contact Name: Mark A. Ball
Street Address / PO Box: 3735 Beam Rd., Ste. 8
City, State, Zip Code: Charlotte, NC 28217
Phone / Fax Number: [phone]/ [phone]
Project Name: Reedy Creek Commons Shopping Center
Property Street Address: 4200 Rocky River Road, Charlotte, NC 28215
Owners / Applicant Signature: /
io s/ G ,
Date:
`1l!'
Office Use Only: Dorm Version March 05
USACE Action ID No. DWQ No.
(If anv 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:3I)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina 1--cosvstem Enhancement Program (NCEEP) is proposed
for mitigation ol' impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:- 0
?. IC your project is located in any ?)I' North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division ol' Coastal Management Area of
Environmental Concern (see the top of'page 2 for further details), check here: ?
11. Applicant Information
1. Owner/Applicant Information JUN 2 7 2008
Name: See attached went authorization
Mailing Address: DENR-MiEiQUAU1Y
WETLANDS AND STORMNIATER BRMC H
Telephone Number: Fax?Nun ber:
- E-mail Address:
2. Agent/Consultant Information (A si«ned and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant. ) Name: Tamp Bandv
Company Affiliation: Wetland and Natural Resource Consultants
" Mailing Address: PO Box 224
1 I South Colle(ze Avenue
Newton. NC 28658
Telephone Number: 828-302-3437 Fax Number: 828-465-3050
E-mail Address: wnrineaaol.com
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
Page I of 8
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 MRCS 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: Reedy Creek Commons Shoppinu Center
?. T.I.P. Project Number or State Project Number (NC DOT Onlv): n/a
3. Property Identification Number (Tax PIN): 105061 14. 105061 16. 10515401. 10515,410,
10515402
4. Location
Countv: Nlecklenbun, Nearest Town: Charlotte
Subdivision name (include phase/lot number):Rockv IZivcr Shoppinu Center
Directions to site (include road numbers/names, landmarks, etc.):Take Rockv River Road to
the intersection of Hood Road. The site is on the southwest corner of Rockv River Road and
Hood Road.
5. Site coordinates (For linear projects. such as a road or utility line. attach a sheet that
separately lists the coordinates for each crossing ol'a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.2728°N 80.6990°W
6. Property size (acres): 32.85
7. Name of nearest receiving body of water: UT to Reedv Creek
8. River Basin: Yadkin
(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.ne.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Mixed forest and agriculture
Describe the overall project in detail, including the type of equipment to be used: Typical
grading equipment such as bull dozers. track hoes. etc. will be used on the project
Explain the purpose of the proposed work: To provide a suitable area for a commercial
shopping center in the area
Paze 2 of 8
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. n/a
V. Future Project Plans
Are anv future permit requests anticipated for this project? If so, describe the anticipated work.
and providejustilication for the exclusion of this work from the current application.
n/a
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or aL;cnt'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 it 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.
Provide a written description of the proposed impacts: Pipe is to be used in the channel for three
different road crossings
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, till, excavation. flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and tlondina
Wetland Impact
Site Number

(indicate on map) j Type of Wetland
Type of Impact (e.a., forested, marsh,

herbaceous. bog, etc.) vLocated within

100-vear
Floodplain
(yes/no) Distance to Area of

Nearest Impact
Stream (acres)
(linear feet)
n/a n/a n/a n/a n/a n/a

Page 3 of 8
Total Wetland Impact (acres) n/a
2. List the total acreage (estimated) of all existing wetlands on the property: n/a
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include. but are not limited to placement of till or culverts, dam
construction, flooding, relocation, stabilization activities (e.g.. cement walls. rip-rap, crib
walls, (zabions, etc.). excavation, ditching./straightenin<(, 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 acreaue, multiply lenuth X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma )
Stream Name
Type of Impact Perennial or

Intermittent" Average
Stream Width

Before Impact Impact
Length

(linear feet) Area of
Impact

(acres)
I UT to Reedy Creek pipe road crossing perennial 3 1 14 ? .0079
UT to Reedy Creek pipe road crossing perennial 3 1 16 0080
3 UT to Reedy Creek pipe road crossing intermittent 2 194 0089
i
i

I

i
Total Stream Impact (by length and acreage) 424 .0248
4. Individually list all open water impacts (including lakes, ponds. estuaries, sounds, Atlantic
Ocean and anv other water of the U.S.). Open water impacts include. but are not limited to
fill. excavation- dredLnn«_ floodin«_ drainage, bulkheads. etc.
Open Water Impact

Site Number
(indicate on ma) ! Type of Waterbodv
Name of Waterbodv ,
(if applicable) Type of Impact (lake, pond, estuarv, sound, bay,
ocean, etc.) Area of

Impact
(acres)
n/a n/a n/a n/a n/a
i

Total Open Water Impact (acres) n/a
5. List the cumulative impact to all Waters of the U.S. resultinu from the project:
Stream Impact (acres): .0248
Wetland impact (acres): n/a
Open Water Impact (acres): n/a
Total Impact to Waters of the U.S. (acres) .0248' !
Page 4 of 3
Total Stream Impact (linear feet): 424
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
n/a
7. 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/emhankment. excavation. installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic. trout pond.
local stormwater requirement. etc.): n/a
Current land use in the vicinity of the pond: n/a
Size ol'watershed draining to pond: n/a Expected pond surface area: n/a
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.The impacts to streams were as
short as possible and as few in number as possible.as to still have an economically feasible
project. All crossings were as close to perpendicular as possible in order to shorten impact
lengths
VIII. Nlitigation
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 Nlodification 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,
Page 5 of 3
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/ncwetiands/strmgide.html.
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 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.
n/a
Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note the applicant's responsibility to contact the NCEEP at
(919) 71-0476 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://h?o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page Five and provide the following information:
Amount of stream mitigation requested (linear feet): 4')4
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 ?
?. 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 (919) 733-083 to review current thresholds for environmental documentation.
Yes ? No ?
Page 6 of 8
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 ?
Y.
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
Reoional 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 213 .0259 (Tar-Pamlico). I5A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements). or other (please
identify n/a)? Yes ? No ?
?. if identify the square feet and acreage of impact to each zone of the riparian buffers.
11' buffer mitigation is required calculate the required amount of miti??ation by applying the
buffer multipliers.
Impact Required
Zone* Multiplier
(square feet) Miti_- ation
I n/a 3 (2 for Catawba) I nia
nia 1.5 11/a
Total nia nia
* lone 1 extends out 30 Icct perpendicular From the top ol'thc near hank ol'channcl: /.one 2 extends an
additional 20 Icet From the edue of 7_one 1.
XI.
XII.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e..
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244. or.0260. n/a
Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. As stated by the engineer the impervious acreage
on site will be 16 acres. The total acreage on site is 32.86 acres. so the site will be 48.71%
impervious. Stormwater will be collected in BNIP's onsite and conveved to the larize BMP in the
southeastern corner of the site to be treated..
Sewage Disposal (required by DWQ)
Page 7ofi8
Clearly detail the ultimate treatment methods and disposition (non-dischargue or discharge) of
wastewater generated from the proposed project. or available capacity of the subject facility.
Sanitarv sewer will be utilized.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A 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/ncwetIands. If no, please provide a short narrative description: No, the
site is bordered by two roads.
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 (c.??.. draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n/ a
/ 17
Applicant/ ent's Signature Date H
(Agent's signature i valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
U.S. ARNMY CORPS OF ENGINEERS
WILMINGTON DISTRICT y
Action Id. 20060076 County: ?Iecklenburp, U.S.G.S. Quad: Harrisburtr
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: JDH Capital LLC / Attn: Mark Ball
Address: 3735 Beam Road. Suite B
Charlotte. NC 28217
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) The site is located on the north side of
Hood Road, adjacent to Rockv River Road, in Charlotte. YlecklenburQ County North Caroling
Indicate Which of the FolloNvinp Apply:
Based on preliminary information, there may be stream channels 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.
There are stream channels 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 stream channels 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 inure timely delineation, you may wish to obtain a consultant. To be considered final,
any delineation must be verified by the Corps.
The stream channels on your property have been delineated and (lie 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.
Y The stream channels have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on November 16, 2005 . Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed live years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks:
I
Corps Regulatory Official:
Date November 16, 2005 Expiration Date November 16, 2010
Page 1 of 2
Action Id. 20060076
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 Amanda Jones at 828-
271-7980 1. 231.
Basis For Determination: The site contains stream channels with indicators of ordinary high water marks. The
stream channel on time property is an unnamed tributary to Rocky River, which flows into the Yadkin River and
ultimately flows to the Atlantic Ocean dtro(ugh the Winyah Bay in South Carolina.
Corps Regulatory Official (Initial): \
FOR OFFICE- USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
foram must be transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach die
"Isolated Determination Information Sheet" to the file copy of this form.
CF: ESC, Ltd. / Attn: Stephen Brown, 8702 Red Oak Blvd., Suite A, Charlotte, NC 28217
JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: \Vilmington
FILL NUMBER: 20060076
PROJECT LOCATION INFORMATION:
State: NC
County: Mecklenburg
Ccntcr coordinates of site (latitude/longitude): 35-272S / 80.6990
Approximate size of area (parcel) reviewed, including uplands: 55 acres.
Name of nearest waterway: Rocky River
Name of watershed: Yadkin
.IURISDICTIO.NAL DETERMINATION
Completed: Desktop detcmtination © Date: November 16, 2005
Site visit(s) ? Datc(s):
Jurisdictional Determination (.1D):
? Preliminary JD - Based on available information, ? there appear to be (or)[] there appear ro be no "waters of the
United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable
(Reference 33 CFR part 331 ).
X? Approved JD - An approved 1D is an.appcalable action (Reference 33 CFR part 33 1 ).
Check all that apply:
? There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associatcd guidance) within
the reviewed area. Approximate size of jurisdictional area:
® There are. "waters of the United States" (as defined by 33 CPR part 32S and associated guidance) within the
reviewed area. Approximate size ofjurisdictional area:
? There are "isolated. non-navigable, infra-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC;Migratory Bird Rule Information Shea for Determination of No
Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
? The presence of waters that are subject to the ebb and (low of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
? (I) The presence of waters, which are currently used, or were used in the past. or may be susccpnble to use in
interstate or foreign commerce, including all waters which arc subject to the ebb and flow of the tide.
? (2) The presence of intcrstatc waters including interstate wetlands.
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
? (i) which arc or could be used by interstate or foreign travelers for recreational or other purpose's.
? (ii) from which fish or shellfish arc or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
® (5) The presence of a tributary to a water identified in (I) - (4) above.
? (6) The presence of territorial seas.
? (7) The presence of wetlands adjacent- to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). The site contains
stream channels with indicators of ordinary high water marks. The stream channel on the property is an
urutamed tributary to Rocky River, which flows into the Yadkin River and ultimately flows to the Atlantic
Ocean through the Winyall Bay in South Carolina.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 32S and 329)
? Ordinary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
other:
? Mean High Water'vlark indicated bv:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
? Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by:
Basis For Not^.Asserting Jurisdiction: .
? The reviewed area consists entirely of uplands.
? Unable to confirms (fie presence of waters in 33 CFR part 32S(a)(1, 3, or 4-7).
? Headquarters declined to approvcjurisdiction on the basis of 33 CFR part 32S.3(a)(3).
? The Corps has made a casc-specific determination that the following waters present on the site are not Waters of the
United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 32S.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or
rice growing.
? Artificial reliccong or swimming pools or other small omumental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for
the purpose of obtaining till, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR
33S.3(a).
? Isola(ed, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR .IURSIDICTIONAL DETERNIINATION (marls all that apply):
© Maps, plans, plots or plat submitted by or on behalf of the applicant.
? Data sheets prcpared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated October 13, 3005, prepared by (company): ESC, Ltd.
? This office does not concur with the delineation report, dated prepared by (company):
? Data iliects prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
© U.S. Geological Survey 7.5 Minute Topographic maps: Harrisburg
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
? USDA Natural Resources Conservation Service Soil Survev:
? National wetlands inventory maps:
? State/Local wetland inventory maps:
? FL-MA/FIRM maps (Map Name S, Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name & Date):
? Other photographs (Date):
? Advanced Identification Wctland maps:
? Site visit/determination conducted on:
? Applicable/supporting case law:
? Other information (please specify):
Wetlands are identified and delineated using the methods and criteria established in the Corps Wctland Delineation Manual (87 Manual) (i.c.,
occurrence of hydrophytic vegetation, hydric soils and %vctland hydrology).
27he term "adjacent" means bordering, contiguous, or neighboring. 1Vetlands separated From other waters of the U.S. by man-made dikes or
barriers, natural nver berms, beach dunes, and the like arc also adjacent.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: JDH Capital LLC / Attn: Mark File Number: 20060076 Date: November 16
?005
Ball ,
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ennission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the-above
decision. Additional information may be found at httT)://WWW.Llsace.ari-nv.mil/inet/ffinctions/cw/cecwo/i-e
g Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the pernmit.
• 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 Per-nut or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section lI of tills form and return the form to the district enoneer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the ftuure. 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 pernw to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline [lie proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal time 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 time 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 time 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, meats that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELLMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION H - 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 pen-nit 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 detennined 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 infonmation 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:
Amanda Jones Mr. Michael F. Bell, Administrative Appeal Review
151 Patton Ave Officer
RM 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic DiV1SI011
82S-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
govenlment consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 1 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or went.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9NI15
Atlanta, Georgia 30303-3490
.e
1
I
I
'I
I
I
a
I
\. I
\ aI
ITT
WETLANDS TABLE
WL - (HJ"DS) JURISDICMAAL CHANNEL
PREVIDUS TOTAL - 8.733.5 LXLF-AR FEET
TOTAL WON WETIAND A - 8.074.1 LIT" FEET
WL - (THOUSANDS) JURISDIcno" WETU405
NASA-1 - NASA-6 - 4Z2 SOUARE FEE(
WL - (HUHOPmS) JURISDICTIONAL CHANNEL
SA-1 - SA-28 - 651.0 LINEAR FM
SA-11 - SA-241 - 600-8 LINEAR rM
J. FRANK HODGES &
ASSOCIATES LIMITED PARTNERSHIP
DB 6503-653
TAX ID: 105-D61-14
1
y ? ?Fiw?
^`t a 3 ?6

PERENNIAL STREAM
SA-I - SA-26
651.01 LINEAR FEET
11R
S
N1ERArma STREAM
SA-11 - SA-241
600.92 Lit" FEET
WETLAND SEE OVAA
WSA-I - WSA-8
422 SOFT. A
r5A-J WSA-
rte? - au Part
-e I
N / Il L-III
?MOE
s DUKE POWER COMPANY
-?-- am b OB 6354-314
(
I NIPI6?.E T077y u?1 Meg
0
I' !W I ? - 7D48- _ _ - _
WETLAND CERTIFICATION
'TARS CERTIFIES 1FI4T 7105 COPY OF THIS PLAT
DENTIFTES AS WATERS AM WETLANDS ALL AREAS
OF WATERS AND WETLANDS REGULATED PURSUANT
TO SECTION 404 OF THE CLEAN WATER ACT AS
OMMINED BY THE UIDERSIGNED ON THIS OATS
UNLESS THERE IS A CJiANCE N THE LAW, OR OUR
PUBUSHED REGULATIONS, 7141S DETERMINATION MAY
BE RELIED ON FOR A PERIOD NOT TO EXCEED FIVE
YEARS FROM THIS DATE THIS DETERMINATION WAS
LADE UTILIZING THE 1887 CORPS OF ENGINEERS
wET DR1NEAnON MAN
B
US. ARMY CORPS OF ENGI REPRESENTATIVE
TITLE
"ao
N N
DATE ?? ?t70(D3 7?
0 60 120 240
SCALE IN FEET
i " = 120'
J. FRANK HODGES, JR.
DB 6012-137
LIB 26-76
TAX D: 105-061-16
JOSEPH W. GRIER, JR.
08 6784-725
TRACT 2
TAX 10: lOS-154-01
GEORGE C. JUNKER
D8 9564-557
TAX D: 105-154-06
DUKE POWER COMPANY I
,. 1a DB 6336-851
( SNEEF 2 Of 3
1
REVISIONS
nip
T85 6 TO, CERTIFY TAT ON THE IM BAY OF yDAllBER 20 EN
AN ACTUAL SURVEY WA5 LADE UNDER W SLIPFRYL9oF1 Of THE PROPERTY
SHOMN ON THIS RAT AND THAT THE BOINOMTY LXES AND THE BPROYE-
MEMS. F ANT. ARE AS S7i0MN HEREON THS RAT MEETS THE WAA81
STANDARDS OF PRACTICE FOR LAND SURA'YNG N NORM WtOU A. BOW
RLLE .1600 (21 NCAC 56 AND THE RAID (F PRECISION DOES HOT EXCEED
AR ERROR Of CLOSURE ONE (1) FOOT PER 10.000 FEET OF PERIMETER
SURVEYED NOR 20 SECONDS TIMES TIE SOUARE ROOT OF THE NUMBER OF
/? <J1 1CREW: UHAWN:
SIWIm Y
ND AB
4"y
TOMMY A. CARPENTER
D8 8442-729 T
TAX IN 105-154-02 1
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/
/ I.-50.
WETLAND DELINEATION MAP PREPARED FOR:
JDH CAPITAL
ROCKY RIVER ROAD AND HOOD ROAD
CRAB ORCHARD TOWNSHIP, MECKLENBURG COUNTY, NC
TAX PARCELS: 105-061-14, 16,
105-154-01, 02, 06 & 10
R.B. PHARR & ASSOCIATES, P.A. ?5
SURVEYING & MAPPING
231 POST OFFICE DR., UNIT 0-6
INDIAN TRAIL, N.C. 28079 TEL. [phone]
DATE: FILE NO. R-10OW2
1" = 120'1 6/1
? i
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II 111 _ _°?iy I
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PROPOSED WET POND
BMP
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-ate
NOTES
1) ALL ON-SITE STORM WATER SHALL BE
ROUTED TO PROPOSED WET POND BMP.
ON-SITE SHALL BE DEFINED AS THE
COMMERCIAL DEVELOPMENT INSIDE OF THE
EXISTING ROCKY RIVER ROAD, PROPOSED
EASTERN CIRCUMFERENTIAL, THE PROPOSED
COLLECTOR ROAD, AND THE EASTERN
EXTERIOR BOUNDARY LINE LOCATED B/T
CHANNEL AND HOOD ROAD.
2) PROPOSED WET POND BMP WILL BE
DESIGNED TO HAVE AN 85% AVERAGE
ANNUAL REMOVAL FOR TOTAL SUSPENDED
SOLIDS GENERATED FROM THE COMMERCIAL
DEVELOPMENT ACCORDING TO
SPECIFICATIONS IN THE NORTH CAROLINA
DEPT. OF ENVIRONMENT AND NATURAL
RESOURCES BEST MANAGEMENT PRACTICES
MANUAL DATED APRIL 1999.
PRELIMINARY
DO NOT USE FOR CONSTRUCTION

P.\-CCRG\P?- Pl.jscI:-cly R-1 S ll-q L--\U41D1.-g. I1/Z/11U1 --11 - ec--

SUr? Sri ? ? r / ,

TOTAL IMPACTED R ROPOSED WALL'
CHANNEL=±424 L.F.
i w dy
ML
?r o ? PIPE (114 LF.)
` •''---PROPOSED WALL
PIPE (194 L F.) PIPE 116 LF.
r
w r ?
a
?r r
w w w
PROPOSED WALL
- PRELIMINARY
DO NOT USE FOR CONSTRUCTION
' OCKY RIVER SHOPPING CENTER
ROCKY RIVER ROAD AND HOOD ROAD
flue:
OPTION #3
t ' He k 06151.de Datc 09/11/06 Pm *t E . ABC C?3 1: ;D DaW By'. ABC By. UD8
CIVIL 04NMMO DESIGN a Wm Su1NEYM scale: 1•=B0,
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Y
CULVER MINIMUM EXIT BAFFLE HEIGHT INTERNAL BAFFLE HT. (BAFFLE OFFSET DIST.
DIAMETER AMOUNT (ENTIRE WIDTH) (WIDTH IS 1/2 DIA.) (ALONG PIPE)
BURIED
>/=48" 12" 12" 14" 8' TO 10'
CHANN L
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PIPE DIA.=VAR
\\CC
EXIT BAFFLE DETAIL

BAFFLE ACROSS ENTIRE PIPE TO
ACHIEVE PRIOR ELEVATION
1ArFLE HEIGHT

BAFFLE HEIGHT
INTERNAL BAFFLE - SEE TABLE FOR HEIGHT
AND OFFSETS ALONG PIPE LENGTH.
ALTERNATE BAFFLES EA. SIDE OF PIPE
INTERNAL: BAFFLE DETAIL
STORM-V AQUATIC LIFE PASSAGE PIPE BAFFLE DETAILS
(FOR 54" CMP)
PRELIMINARY
DO NOT USE FOR CONSTRUCTION
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OP.
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ROCKY RIVER ROAD AND HOOD ROAD
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Fie 0 06151.deq Dot: 11/02/06 Nolod EVr. ABC
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R AININ

740

730

720

PROP.

DATUM ELEV
710.00

0+00 1+00
IMPACT 2 PROFILE
ROCKY RIVER SHOPPING CENTER
ROCKY RIVER ROAD AND HOOD ROAD
OPTION #3 (IMPACT 2)
® Re /: 06151.d" Duke 11/02/06 ftW EW: ABC
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 10/02/2006
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
CONTACT INFORMATION APPLICANT'S AGENT (optional) APPLICANT
Business or Individual Name
1 W zltoh? cu? Nah??1 Q.L.SG ?c ?. (l,?nkl tAl?? ?Gl'.? ?i ? t r ?? ? Z n?`'s j6t>
. ,
2. Street Address or P O Box j P. U. gu>t LZ+? -- - 3l 3
3. City, State, Zip N4-vv U n N c. 1,$ (0S ?.hU? L2 l?l i? Z?L 17
d. Contact Person
5. Telephone Number _ ._. ^?lp-' ???-----------_S? -__----?
6. Fax Number - - - -
7. E-Mail Address (optional)

PROJECT INFORMATION
8. Project Name
fged C.re_z)ic C, b in rno r'f__1 S hC,;V (! czn k.,-
9. Project Location (nearest town, city)

?ocS?? 2??e? -mad , C l?,a? lc E
H 10 C)
10. Lat-Long Coordinates (optional) i u
11- Protect County
12. River Basin
i
13. Cataloging Unit (8-dlgit) (See Note i )
o3 C) C)
F14'.- Riparian Wetland Impact (ac.) (e.g., 0.13)
15. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Impact (ac.)
17. Stream Impact (ft.) (e.g. 1,234)
(See Note 2)
18. Buffer Impact-Zane 1 (sq. ft.) (e.g. 12.345)
_.. _._ .. (§?2_Note 3) -- -- - ------
19. Buffer impact-Zone Z (sq. ft.)
IM -- -
PORTANT
Check (4) below if this request is a:
_ revision to a current acceptance, or " i
_re-suibfhission of ap expired acceptance
f
Note 1: For help in determining the Cataloging Unit, go to EPA's 'Surf Your Watershed' web page:
http://cfpub.epa.gov/surf/locate/index.cfm
Note 2: For guidance on stream lempwdlures,.yo to
http //www saw usace army mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendixi.pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or [e-mail]
_...... .. - - __..-- -- ---- - --- - ---- - --- --- -,
Nip
Warm - - - -? ---- -Cool ...
........Cold
.
y2y Nip f1Ji12?
Signature of Applicant or Agent:
Date: (O } 11 l C7 CD
MapQuest: Maps
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4200 Rocky River Rd
Charlotte NC
28215-8590 US
Notes:
i
Page 1 of 1
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Rocky River Retail Investors, LLC - Reedy Creek Commons Shopping Center
Soil Survev
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Soil Legend
Symbol Name
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VnB Vance sandy loam, 2 to 8 percent slopes
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Name' .
HARRISBURG Location: 035.2730102°N 080.7001331°W
Date: 10/11/2006 Caption: Rocky River Retail Investors, LLC - Reedy Creek Commons
Scale: 1 inch equals 2000 feet Shopping Center
Mecklenburg County, NC
Copyright (C) 1998, Maptech, Inc.
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JURISDICTIONAL
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NOTES
1) ALL ON-SITE STORM WATER SHALL BE
ROUTED TO PROPOSED WET POND BMP.
ON-SITE SHALL BE DEFINED AS THE
COMMERCIAL DEVELOPMENT INSIDE OF THE
EXISTING ROCKY RIVER ROAD, PROPOSED
EASTERN CIRCUMFERENTIAL, THE PROPOSED
COLLECTOR ROAD, AND THE EASTERN
EXTERIOR BOUNDARY LINE LOCATED 8/T
CHANNEL AND HOOD ROAD.
2) PROPOSED WET POND BMP WILL BE
DESIGNED TO HAVE AN 857 AVERAGE
ANNUAL REMOVAL FOR TOTAL SUSPENDED
SOLIDS GENERATED FROM THE COMMERCIAL
DEVELOPMENT ACCORDING TO
SPECIFICATIONS IN THE NORTH CAROLINA
DEPT. OF ENVIRONMENT AND NATURAL
RESOURCES BEST MANAGEMENT PRACTICES
MANUAL DATED APRIL 1999.
PRELIMINARY
DO NOT USE FOR CONSTRUCTION
opcr.
ROCKY RIVER SHOPPING CENTER
ROCKY RIVER ROAD AND HOOD ROAD
Glic
SITE EXHIBIT
Fie km51.dAy Dale 10/05/00 Praiecl Eqr.
!9C
_ ? ISAACS o °D1- B 08
Cm LNONEUHNG QESIGN : uM Wfr WG ?5 Scee 1'=80'
8720 RED OAK 8LYO.. SUITE A21)
^? • O
CHARLOTTE. N.C. 28217 IV
PHONE (70A) 527-1440 !Ax [phone]
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