20080350 Ver 3_401 Application_20170217

5500 New Albany Road
Columbus, OH 43054
Phone: [phone]
Fax: [phone]
Toll Free: 1-888-775-EMHT
emht.com
IK I
2016-0327
+r
Project Name: Windsor Run Senior Retirement Community
Permit Application Report for a Section 404 Nationwide Permit #29
and a Section 401 Water Quality Certification
Applicant: Windsor Run, LLC
January 31, 2017

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TABLE OF CONTENTS
1.0 INTRODUCTION.........................................................................................................................................1
2.0 SITE HISTORY..............................................................................................................................................1
3.0 LITERATURE REVIEW.................................................................................................................................2
3.1
Site Location........................................................................................................................................2
3.2
Topographic Features.......................................................................................................................2
3.3
Mapped Soils......................................................................................................................................2
3.4
Hydrologic Conditions..................................................................................................................... 3
4.0 DELINEATION OF WATERS OF THE UNITED STATES.......................................................................3
5.0 HABITAT ASSESSMENT............................................................................................................................ 4
5.1 Wetland Habitat Assessment...........................................................................................................4
5.2 Stream Habitat Assessment............................................................................................................. 5
6.0 APPLICATION COORDINATION............................................................................................................5
6.1 Federally Listed Rare and Endangered Species........................................................................ 5
6.2 Review of Cultural Resources........................................................................................................6
7.0 PROPOSED PROJECT................................................................................................................................6
7.1 Project Overview...............................................................................................................................6
7.2 Avoidance and Minimization........................................................................................................7
7.3 Compensatory Mitigation............................................................................................................... 7
7.4 Stormwater Management Plan......................................................................................................8
8.0 CONCLUSIONS...........................................................................................................................................8
9.0 CITATIONS...................................................................................................................................................9
TABLES
Table 1: Extent of Identified On-site Surface Water Features..........................................................4
Table 2: Wetland habitat assessment summary....................................................................................5
APPENDICES
Appendix A:
Previously Verified JDs and Previously Authorized Surface Water Permits
Appendix B:
NC WAM Assessment Form and Rating Sheet
Appendix C:
USACE Stream Quality Assessment Worksheet and the NC DWQ Stream
Identification Form
Appendix D:
USFWS's Federally Listed Species Assessment Letter dated August 15, 2015
Appendix E:
NC SHPO GIS Mapper Review
Appendix F:
November 2, 2015 Receipt for In -Lieu Fee Payment
Appendix G:
January 19, 2017 Acceptance into In -Lieu Fee Program
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EXHIBITS
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit b:
Exhibit 7:
Exhibit 8:
PHOTOGRAPHS
TABLE OF CONTENTS, CONTINUED
Area Location Map
USGS Topographic Map
Web Soil Survey
FEMA Flood Map
National Wetlands Inventory Map
Delineation Map
Windsor Run Development Plan
Detailed Cross Sections
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1.0 INTRODUCTION
Windsor Run, LLC, the applicant, is proposing impacts to Waters of the United States associated
with the construction of the Windsor Run Senior Retirement Community. The project site is located
north of McKee Road and southwest of Pleasant Plains Road in the Town of Matthews,
Mecklenburg County, North Carolina. An Investigation of Waters of the United States for the
subject property was verified by the U.S. Army Corps of Engineers, Wilmington District (USACE) in
2015. The USACE and North Carolina Department of Environment and Natural Resources (NC
DENR) issued a Nationwide Permit #29 and Section 401 Water Quality Certification for the
project in 2015. The site's surface water permitting history is explained in more detail in Section
2 of this report. In 2016, the applicant increased the footprint of their original site plan and is
now proposing approximately 0.1 25 acre of additional wetland impacts.
The applicant is requesting a modification to the Nationwide Permit #29 from the USACE and the
Section 401 Water Quality Certification (WQC) from the NC DENR. The current Nationwide
Permit #29 and Section 401 WQC authorize 0.37 acre of permanent wetland impact and 35
linear feet of temporary impact to Stream 1. The applicant has modified their original site plan
to expand the project and include additional phases. When preparing final engineering for the
project additional wetland impacts could not be avoided. The project now requires additional
permanent impacts to approximately 0.1 25 acre of wetland. This brings the cumulative total for
permanent impacts to 0.495 acre.
2.0 SITE HISTORY
A wetland delineation was conducted on the site by the John R. McAdams Company (McAdams) in
the fall of 2006. At that time the site was referred to as the Fincher Tracts. The delineation was
submitted to the USACE on October 24, 2006. Additionally, an application for a Nationwide
Permit #29 was submitted to the USACE and North Carolina Division of Environmental (NC
DWQ) on February 21, 2008. This permit requested impacts to 0.3 acre of wetlands and
temporary impacts to 1.3 acres of open water pond in association with the construction of the
Ericson Retirement Community. On April 24, 2008, the NC DWQ determined the project was
covered by the General Certification of the Nationwide Permits. On May 27, 2008, the USACE
authorized the project under a Nationwide Permit #29 and verified the delineation. In 2008, the
project site was prepared for construction by removing all structures and cattle from the site.
However, the project was put on hold before any grading, construction, or wetland impacts
commenced. The Nationwide Permit expired on May 27, 2010 and the delineation verification
expired on May 27, 2013. The project site sat unmaintained between 2008 and 2014.
On April 7, 2014, EMH&T conducted a site visit to verify the original delineation and found that
the wetlands on the site were generally in the same areas as had been previously delineated but
the wetlands had expanded outside of the 2006 delineated boundaries. The wetlands
boundaries and stream centerline were flagged and surveyed in 2014. EMH&T delineated four
(4) potentially jurisdictional wetlands (Wetlands A -D), (1) jurisdictional stream (Stream 1), and one
(1) potentially jurisdictional pond on the site in 2014. An Investigation of Waters of the U.S.
report dated October 29, 2014 was prepared by EMH&T and submitted to the USACE for
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verification. A Preliminary Jurisdictional Determination (Pre JD) was issued by the USACE on
March 23, 2015.
In July 2015, EMH&T submitted an application for a Nationwide Permit #29 and a Section 401
WQC to the USACE and the NC DENR, respectively. The Section 401 WQC was approved by
NC DENR on August 5, 2015. The Nationwide Permit #29 was approved by the USACE on
September 22, 2015. These permits approved 0.37 acre of permanent wetland impacts and 35
linear feet of temporary stream impacts. The applicant's needs on the site have since changed
and an additional 0.125 acre of wetland impacts are necessary.
All previous delineation verifications and permits for the site that were issued by either the USACE
or the State of North Carolina are included as Appendix A.
3.0 LITERATURE REVIEW
A review was made of available topographic maps, soils maps, and wetland inventory maps.
This information was used to determine site topography and soil types present. It was also used
to determine if wetlands had previously been mapped for the site and whether any portions of
the site were located within mapped floodways of drainage features.
3.1 Site Location
As shown on Exhibit 1, the site is located north of McKee Road and southwest of Pleasant Plains
Road in the Town of Matthews, Mecklenburg County, North Carolina. The site contains active
construction, abandoned cattle pasture, hay fields, and a wooded area.
3.2 Topographic Features
As shown on Exhibit 2, the subject property is at an approximate elevation of 710 to 780 feet
(National Geodetic Vertical Datum) according to the USGS 7.5' Series Matthews, North Carolina
Quadrangle (USGS, 1988). High-voltage electric transmission lines are shown crossing the
eastern portion of the site. One (1) forested area is mapped in the northwest corner of the site.
One (1) open water pond is mapped on the site, near the north -central portion of the site. An
intermittent stream is shown flowing southeast to northwest through the central portion of the site.
No marsh symbols are mapped for the site.
3.3 Mapped Soils
According to the Web Soil Survey for Mecklenburg County, North Carolina (USDA-NRCS, 201 2)
as shown on Exhibit 3, the subject property contains Cecil sandy clay loam on 2 to 8 percent
slopes, eroded (CeB2), Cecil sandy clay loam on 8 to 15 percent slopes, eroded (CeD2), Enon
sandy loam on 2 to 8 percent slopes (EnB), Enon sandy loam on 8 to 15 percent slopes (EnD), and
Helena sandy loam on 2 to 8 percent slopes (HeB).
A hydric soil is a soil that is saturated, flooded, or ponded long enough during the growing season
to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation
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(USDA -SCS, 1985). According to the NRCS no hydric soils are located on the subject property.
The Helena sandy loam (HeB) was listed as a non -hydric soil with hydric components in
Mecklenburg County, North Carolina (USDA-NRCS, 1/91 & USDA-NRCS, 691). Hydric
components were noted to occur in this soil in depressions and on flood plains. One (1) open
water pond is mapped for the subject property. No drainageways or marsh symbols are
mapped for the site.
3.4 Hydrologic Conditions
The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) was
reviewed for the site (FEMA, 2004). As shown on Exhibit 4, the subject property lies in Zone X
(unshaded) which are areas determined to be outside the 500 -year flood plain.
The U.S. Fish and Wildlife Service's (FWS) National Wetland Inventory Map (NWI) for the
Matthews, North Carolina Quadrangle was reviewed for the site (FWS, 2007). As shown on
Figure 5, two (2) features were mapped on the subject property. One (1) Palustrine,
Unconsolidated Bottom, Permanently Flooded, Diked/Impounded (PUBHh) and one (1) Palustrine,
Emergent, Persistent, Seasonally Flooded, Diked/impounded feature (PEM1 Ch) feature were
mapped in the central portion of the site. Delineation fieldwork confirmed that a pond with
wetland fringe was observed in this portion of the site.
4.0 DELINEATION OF WATERS OF THE UNITED STATES
EMH&T delineated an approximately 1 14 acre site in 2014. Since that time, approximately
31.5 acres to the east of the development site have been deeded to the City of Matthews for a
park. Two (2) features including an isolated wetland and an isolated pond were delineated on
this off-site area in 2014.
One (1) jurisdictional stream (Stream 1) was delineated on the approximately 82.5 acre site in
2014. The stream channel was found to have not significantly changed since 2006. The stream
centerline was surveyed by a professional survey crew. The site contains approximately 374
linear feet of jurisdictional stream.
EMH&T delineated four (4) potentially jurisdictional wetlands (Wetlands A -D) on the
approximately 82.5 site in 2014. Wetlands A, B, and C were wetlands that were originally
delineated in 2006 and had expanded outside their original boundary. Wetlands D had formed
since 2006. In total, the site was delineated to contain 1.27 acre of jurisdictional wetland.
Wetlands A -D were potentially jurisdictional due to a direct connection to Stream 1. The wetland
boundaries were surveyed by a professional survey crew.
EMH&T delineated one (1) potentially jurisdictional pond (Pond 1) on the approximately 82.5
acre site in 2014. Pond 1 was a man-made pond created by excavation and the impounding of
drainage within a valley, upstream of Stream 1. The pond had decreased in size since 2006. This
reduction in size is due to the expansion of Wetland C in the shallows along the outside of the
pond. The site was delineated to contain 0.86 acre of jurisdictional pond. Pond 1 had a visible
outlet and flow exiting the pond fed Wetland B, Wetland A, and Stream 1.
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TABLE 1. Extent of Identified On-site Surface Water Features
Potential Open
Water Pond
Area (acres)
0.86
0.86
The location and extent of potential waters identified during the field investigation are shown on
Exhibit 6. Photos of the features are included within the Photographs Section of this report.
5.0 HABITAT ASSESSMENT
5.1 Wetland Habitat Assessment
The N.C. Wetland Assessment Method (NC WAM) Version 4.1 was developed by an interagency
team known as the N.C. Wetland Functional Assessment Team (WFAT) for use in determining
wetland quality (WFAT, 2010). Sub -functions and functions are evaluated in 22 field metrics
listed on a field assessment form. The NC WAM seeks to provide an accurate, consistent, rapid,
observational, and scientifically based field method to determine the level of function of a
wetland relative to a reference condition for each general wetland type found in the State of
North Carolina. The NC WAM generates two wetland functional ratings: 1 ) a reflection of
wetland conditions as represented by on-site indicators and 2) wetland condition as modified by
wetland opportunity.
The Assessment Area for on-site wetlands included Wetlands A & B. These two (2) wetlands
were classified as Non -Tidal Freshwater Marsh features. All wetland within the Assessment Area
had the same characteristics and were providing the same function. The wetlands have been
partially impacted in accordance with the 2015 Nationwide Permit and 401 WQC. Table 3
summarizes the NC WAM scores. A copy of the NC WAM Assessment Form and Rating Sheet are
included as Appendix B.
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Potential
Potential
Potential
Length of
Name
Classification
Stream Area
Wetland Area
Streams
(acres)
(acres)
(linear feet)
Stream 1
Intermittent
374
0.03
-
Wetland A
Herbaceous
-
-
0.47
Wetland B
Herbaceous
-
-
0.23
Wetland C
Herbaceous
-
-
0.50
Wetland D
Herbaceous
-
-
0.07
Impounded/
Pond 1
-
-
-
Excavated
0.03
Total
-
374
1.27
(Approx.)
Potential Open
Water Pond
Area (acres)
0.86
0.86
The location and extent of potential waters identified during the field investigation are shown on
Exhibit 6. Photos of the features are included within the Photographs Section of this report.
5.0 HABITAT ASSESSMENT
5.1 Wetland Habitat Assessment
The N.C. Wetland Assessment Method (NC WAM) Version 4.1 was developed by an interagency
team known as the N.C. Wetland Functional Assessment Team (WFAT) for use in determining
wetland quality (WFAT, 2010). Sub -functions and functions are evaluated in 22 field metrics
listed on a field assessment form. The NC WAM seeks to provide an accurate, consistent, rapid,
observational, and scientifically based field method to determine the level of function of a
wetland relative to a reference condition for each general wetland type found in the State of
North Carolina. The NC WAM generates two wetland functional ratings: 1 ) a reflection of
wetland conditions as represented by on-site indicators and 2) wetland condition as modified by
wetland opportunity.
The Assessment Area for on-site wetlands included Wetlands A & B. These two (2) wetlands
were classified as Non -Tidal Freshwater Marsh features. All wetland within the Assessment Area
had the same characteristics and were providing the same function. The wetlands have been
partially impacted in accordance with the 2015 Nationwide Permit and 401 WQC. Table 3
summarizes the NC WAM scores. A copy of the NC WAM Assessment Form and Rating Sheet are
included as Appendix B.
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TABLE 2. Wetland habitat assessment summary
5.2 Stream Habitat Assessment
EMH&T delineated one (1) jurisdictional stream (Stream 1) on the site in 2014 and reconfirmed its
presence in December 2016. The stream channel has not significantly changed since 2006. The
stream centerline was surveyed by a professional survey crew. Stream 1 was evaluated using the
USACE Stream Quality Assessment Worksheet and the NC DWQ Stream Identification Form,
which are included in Appendix C. The stream scored 33 out of a possible 100 points on the
USACE Stream Quality Assessment Worksheet and 9 out of a possible 71 points on the NC DWQ
Stream Classification Form. These forms, along with field observations, found that Stream 1 was
`important'. The stream was observed to be intermittent due to seasonal flow.
6.0 APPLICATION COORDINATION
6.1 Federally Listed Rare and Endangered Species
EMH&T reviewed the U.S. Fish and Wildlife Service's (USFWS) Section 7 Consultation list of
species and critical habitat that "may be present" within the project area. The following species
are listed for Mecklenburg County, North Carolina:
• American eel (Anguilla rostrata) — Federal Species of Concern
• Bald eagle (Haliaeetus leucocephalus) — Bald and Golden Eagle Protection Act
• Carolina darter (Etheostoma collis col/is) — Federal Species of Concern
• Northern long-eared bat (Myotis septentrionalis) — Threatened
• Carolina creekshell (Villosa vaughaniana) — Federal Species of Concern
• Carolina heelsplitter (Lasmigona decorata) — Endangered
• Dwarf aster (Eurybia mirabilis) — Federal Species of Concern
• Georgia aster (Symphyotrichum georgianum) — Candidate
• Michaux's sumac (Rhus michauxii) — Endangered
• Prairie birdsfoot-trefoil (Lotus unifoliolatus var. helleri) — Federal Species of Concern
• Schweinitz's sunflower (Helianthus schweinitzii) — Endangered
• Shoals spiderlily (Hymenocallis coronaria) — Federal Species of Concern
• Smooth coneflower (Echinacea laevigata) — Endangered
• Tall larkspur (Delphinium exaltatum) — Federal Species of Concern
• Rusty -patched bumble bee (Bombus affinis)- Endangered
Coordination was completed with the USFWS as part of the 2015 permitting process. The
USFWS issued a letter dated August 14, 2015 stating that according to their records and a
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Overall Wetland
Assessment Area
Classification
Opportunity Presence (Y/N)
Rating
Wetland A & B
Non -Tidal Freshwater
LOW
NO
Marsh
5.2 Stream Habitat Assessment
EMH&T delineated one (1) jurisdictional stream (Stream 1) on the site in 2014 and reconfirmed its
presence in December 2016. The stream channel has not significantly changed since 2006. The
stream centerline was surveyed by a professional survey crew. Stream 1 was evaluated using the
USACE Stream Quality Assessment Worksheet and the NC DWQ Stream Identification Form,
which are included in Appendix C. The stream scored 33 out of a possible 100 points on the
USACE Stream Quality Assessment Worksheet and 9 out of a possible 71 points on the NC DWQ
Stream Classification Form. These forms, along with field observations, found that Stream 1 was
`important'. The stream was observed to be intermittent due to seasonal flow.
6.0 APPLICATION COORDINATION
6.1 Federally Listed Rare and Endangered Species
EMH&T reviewed the U.S. Fish and Wildlife Service's (USFWS) Section 7 Consultation list of
species and critical habitat that "may be present" within the project area. The following species
are listed for Mecklenburg County, North Carolina:
• American eel (Anguilla rostrata) — Federal Species of Concern
• Bald eagle (Haliaeetus leucocephalus) — Bald and Golden Eagle Protection Act
• Carolina darter (Etheostoma collis col/is) — Federal Species of Concern
• Northern long-eared bat (Myotis septentrionalis) — Threatened
• Carolina creekshell (Villosa vaughaniana) — Federal Species of Concern
• Carolina heelsplitter (Lasmigona decorata) — Endangered
• Dwarf aster (Eurybia mirabilis) — Federal Species of Concern
• Georgia aster (Symphyotrichum georgianum) — Candidate
• Michaux's sumac (Rhus michauxii) — Endangered
• Prairie birdsfoot-trefoil (Lotus unifoliolatus var. helleri) — Federal Species of Concern
• Schweinitz's sunflower (Helianthus schweinitzii) — Endangered
• Shoals spiderlily (Hymenocallis coronaria) — Federal Species of Concern
• Smooth coneflower (Echinacea laevigata) — Endangered
• Tall larkspur (Delphinium exaltatum) — Federal Species of Concern
• Rusty -patched bumble bee (Bombus affinis)- Endangered
Coordination was completed with the USFWS as part of the 2015 permitting process. The
USFWS issued a letter dated August 14, 2015 stating that according to their records and a
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review of the site, "no listed species or their habitat occur on the site." This response letter is
included as Appendix D. A site visit was also performed for the Erickson Matthews site on
December 7, 2016. The site was assessed for potential critical habitat for listed threatened and
endangered species. Based on the fact that the site plan has changed and the agency has listed
a new species (the rusty -patched bumble bee), EMH&T submitted an updated informal
consultation letter to USFWS's Asheville Field Office and requested a response letter from that
agency. The USFWS's response letter will be forwarded to the USACE upon its receipt.
The NOAA Essential Fish Habitat Mapper v3.0 (http://www.habitat.noaa.gov/protection/efh/
habitatmapper.html) did not indicate any Essential Fish Habitat (EFH) for the site.
6.2 Review of Cultural Resources
EMH&T has conducted a review of North Carolina State Historic Preservation Office's (NC SHPO)
GIS mapping application. A summary letter has been prepared and is included as Appendix E.
7.0 PROPOSED PROJECT
7.1 Project Overview
Windsor Run, LLC is proposing to build a senior retirement community known as Windsor Run. This
community will feature independent apartments, two (2) community buildings dedicated to
amenities for residents on the campus, and a community care building.
The site is proposed to consist of nine (9) residential buildings that contain 900 apartments for
residents. A community care building will also contain 120 skilled nursing units. Three (3)
entrance drives will ultimately connect the facility with McKee Road to the south. A series of
sidewalks and walking paths will be constructed within the grounds of the facility, as well as
along the majority of the site's perimeter. Three (3) stormwater detention basins are proposed to
be constructed to treat and detain stormwater before releasing back into the Fourmile Creek
watershed. A proposed sanitary sewer line will serve the site and connect into an existing line that
is currently serving the residential neighborhood located north of the site. This sanitary sewer line
is proposed to cross Stream 1 at the northern site boundary. Approximately 35 linear feet of
Stream 1 will sustain an open cut crossing to install the sanitary sewer line, which will result in a
temporary impact. In addition, approximately 0.495 acre of Wetlands A, B, and D will be
impacted for the construction of the sanitary sewer line and for grading associated with the
development. The Nationwide Permit #29 and Section 401 WQC issued in 2015 allowed for
impacts to 0.37 acre of wetland and 35 linear feet of stream. The applicant is still proposing
impacts to those surface water features as well as impacts to an additional 0.125 acre of
Wetlands A and B.
Typical construction equipment for this project includes bulldozers, track hoes, wheel loaders,
scrapers, trucks, rollers, pavers, and cranes. This equipment will be used during site development.
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7.2 Avoidance and Minimization
Complete avoidance to all Waters of the U.S. was not considered practical for the proposed
project. The presence of high voltage overhead electric lines through the eastern portion of the
site and surface water features in the north central portion of the project area restricted the
buildable acreage of the project. It was not feasible for the applicant to obtain the desired unit
count while avoiding all wetlands on the site.
A retaining wall is proposed to minimize wetland impacts. Originally the applicant was proposing
to impact approximately 0.61 acre of Wetlands A and B on the site. This would have exceeded
the threshold of the current Nationwide Permit #29 and required Individual Section 404 and
Section 401 Permits. The applicant has since redesigned the site plan adjacent to Wetlands A
and B to minimize impacts below the 0.5 acre threshold of the Nationwide Permits. Windsor Run,
LLC accepted a loss of eleven (1 1) parking spaces that were needed for additional employee
parking. More importantly, the layout changes resulted in 160 linear feet of a retaining wall,
which is estimated to cost $20,000. The applicant also recognized the importance of maintaining
hydrology to the avoided wetland features. Wetland hydrology will be maintained by
conveying flow from the eastern edge of the impacts to the western edge of the impacts through
a proposed pipe. This flow will be directly conveyed through the impact area and will not be
mixed with the stormwater from the site.
The development plan was designed to minimize impacts to surface water features. The current
site plan avoids approximately 0.775 acre of wetlands, approximately 339 linear feet of
intermittent stream within an avoided 70 foot wide upland buffer, and approximately 0.86 acre
of jurisdictional pond. The applicant is avoiding approximately 61% of jurisdictional wetlands,
approximately 91% of jurisdictional stream, and 100% of jurisdictional pond. Also, the
approximately 35 linear feet of proposed stream impacts will be temporary. Stream 1 will be
restored to pre -construction conditions once installation of the sanitary sewer line is complete. The
avoided wetlands on the site are herbaceous, low quality features and the avoided stream is a
small, headwater drainage. Mecklenburg County requires a 17.5% Undisturbed Open Space,
which has resulted in 14.56 acre of avoided greenspace in the northern and northeastern portions
of the site. Because of this requirement, the avoided wetlands and stream will continue to have a
connection to undeveloped land to the east that has been designated as park by the Town of
Matthews as well as undeveloped stream corridor to the northwest. These avoided wetlands and
avoided stream buffer will continue to be utilized as habitat for aquatic species, terrestrial
species, flowing plants, insects, and migratory birds.
7.3 Compensatory Mitigation
The project is located in the Catawba 03050103 watershed, which is not currently within the
service area of a mitigation bank. Therefore, in -lieu fee was an acceptable method of wetland
mitigation. The approximately 35 linear feet of stream impacts are proposed as temporary and
therefore no mitigation is necessary.
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In 2015, the applicant mitigated for 0.37 acre of wetland impacts on the project by purchasing
0.5 acre of wetland credit through the North Carolina Department of Environmental Quality's (NC
DEQ) in -lieu fee program. A receipt was issued by the NC DEQ for the receipt of payment
(Appendix F). Mitigation was conducted in the Catawba 03050103 Expanded Service Area.
The applicant is currently proposing to mitigate for permanent wetland impacts through the
purchase of additional in -lieu fee mitigation. In a January 19, 2017 letter, the NC DEQ
accepted the project into their in -lieu fee program (Appendix G). The NC DEQ noted that
mitigation credits for 0.125 acre of additional wetland impacts was accepted, and that wetland
mitigation credit would be utilized from the Catawba 03 Expanded Service Area.
7.4 Stormwater Master Plan/ Erosion & Sediment Control
Stormwater management for this project will be provided by three (3) permanent wet basins.
Basin 1 is located in the northwest corner of the site. Basin 2 is located in the southwest corner of
the site within the existing Marketing Center development area. Basin 3 is located in the
northcentral portion of the site. The wet pond Best Management Practices (BMPs) are designed to
the Town of Matthews UDO (Unified Development Ordinance) and the Mecklenburg County
Stormwater Control criteria. The basins will have a forebay and permanent pool which will
provide Windsor Run the required water quality volume and will attenuate the peak rate of
runoff from the proposed basin. The on-site stormwater runoff is routed through the wet ponds
such that the 1 -inch depth runoff is detained 99 hours providing the required 85% Total
Suspended Solid (TSS) removal. Stormwater release rates for the 1, 2, 10, 50 and 100 year
storm occurrence are controlled by a multi -stage outlet structure device. The surface basin serves
as both a stormwater quality and quantity control device. Mecklenburg County Land
Development has approved the EMH&T Stormwater Master Plan. A copy of the approved
document is included under separate cover.
Best Management Practices (BMPs) for erosion and sediment control will also be implemented
during and after construction at the site. A Stormwater Pollution Prevention Plan (SWPPP) for
construction activities has been prepared for site development. Appropriate, site-specific Best
Management Practices (BMPs) have been included in construction plans to decrease erosion and
sedimentation during and after construction of the project site, including the placement of
sediment fence between development and surface water features. All sediment controls that are
utilized will be kept in place during construction activities and until the site has been stabilized.
All areas disturbed during construction will be seeded to encourage the establishment of a
vegetative cover and decrease erosion potential. No area for which grading has been
completed shall be left unseeded or unmulched for a significant period of time.
8.0 CONCLUSIONS
Windsor Run, LLC is proposing to permanently impact approximately 0.495 acre of total
wetlands on the site. This includes 0.37 acre of wetlands authorized by a Nationwide Permit #29
and 401 WQC in 2015 as well as 0.125 acre of additional wetland impact. The applicant will
also temporarily impact approximately 35 linear feet of Stream 1 for construction of a sanitary
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sewer line. Windsor Run Senior Retirement Community will offer assisted living for 900 residents
and skilled nursing care for 120 residents. The applicant is requesting modification to the
Nationwide Permit #29 (RGP) from the United States Army Corps of Engineers (USACE) as well
as modification to the 401 WQC from the NC DENR for proposed surface water impacts.
Wetland mitigation will occur via the NC DEQ's in -lie fee program. Temporary steam impacts will
be restored to pre -construction conditions.
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9.0 CITATIONS
DeLorme. 2003. North Carolina Atlas and Gazetteer, Sixth Edition. DeLorme, P.O. Box 298,
Yarmouth, Maine 04096.
Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual, Technical
Report Y-87-1. U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg,
Mississippi.
Federal Register. 1980. 40 CFR Part 230: Section 404(b)(1) Guidelines for Specification of
Disposal Sites for Dredged or Fill Material. U.S. Government Printing Office, Washington, DC Vol.
45, No. 249, pp. 85352-3.
Federal Register. 1982. Title 33: Navigation and Navigable Waters; Chapter II, Regulatory
programs of the Corps of Engineers. U.S. Government Printing Office, Washington, DC Vol. 47,
No. 138, p31810.
Federal Emergency Management Agency (FEMA). 4/19/2014. Flood Insurance Rate Map
Mecklenburg County, North Carolina. Panel 4489. Map number 3710448900K. Available from
the FEMA map store.
Google Earth. Google, Inc. Mountain View California. Accessed December 2016 & January
2017.
NRCS. Natural Resources Conservation Service, United States Department of Agriculture.
National Hydric Soils List. Available online at:
https://www.nres.usda.gov/wps/portal/nres/main/soils/use/hydric/.
NRCS. Natural Resources Conservation Service, United States Department of Agriculture. Web
Soil Survey. Available online at http://websoilsurvey.nres.usda.gov/. Accessed December 2016.
U.S. Army Corps of Engineers (USACE). 3/19/2012. 2012 Nationwide Permits, Conditions,
District Engineer's Decision, Further Information, and Definitions (with corrections). Available at:
http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/Nationwide-
Permits/
USACE. April 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Eastern Mountains and Piedmont Region (Version 2.0), ERDC/EL TR -10-16. U.S. Army Corps of
Engineers Research and Development Center, Vicksburg, Mississippi.
USFWS. United States Department of the Interior, Fish & Wildlife Service. Endangered Species,
Threatened Species, Federal Species of Concern and Candidate Species in Mecklenburg County,
North Carolina. Available from the USFWS's Ashville Field Office's website at:
https://www.fws.gov/raleigh/species/cntylist/mecklenburg.html
Windsor Run Senior Retirement Community emht.com I 10

A legacy of experience. A reputation for excellence.
USFWS. United States Department of the Interior, Fish and Wildlife Service. 2012. National
Wetland Inventory (NWI) Map, Matthews, North Carolina quadrangle.
USGS. United States Geological Survey. 1978. Matthews, NorthCarolina Quadrangle, 7.5
minute Series (Topographic). Maps prepared by the U.S. Geological Survey and revised in
cooperation with State of Ohio Agencies. For sale from the U.S. Geological Survey, Reston,
Virginia 22092
Windsor Run Senior Retirement Community emht.com I 1 1

A legacy of experience. A reputation for excellence.
APPENDIX A
Previously Verified JDs and Previously Authorized Surface Water Permits

Mr. Mark Hunter
Erickson Retirement Communities
1 Cedar Village Dr.
Prompton Plains NC 07444
Subject: Erickson Retirement Communities Campus
Dear Mr. Hunter:
Michael P. Lasley, (,overnor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Diiector
Division of Water Quality
April 24, 2008
Mecklenburg County
DWQ Project #08-0350
You have our approval, in accordance the general certification and those conditions listed
below, to fill 0.03 acre of wetland and temporarily impact 1.3 acres of open water to construct the
Erickson Retirement Community in Mecklenburg County, as described in your application received by
the Division of Water Quality (DWQ) on February 26, 2008. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 3705, which
can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification
allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2. A "French drain" or similar method shall be employed to maintain the hydrology of the seep at the
toe slope of the pond and provide continue flow to the downstream area. The hydrology of the
remaining wetland(s) and proposed constructed wetland shall be maintained.
3. All wetlands, streams, surface waters, and riparian buffers located on the project site where
impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities. one
No IiCarolina
)aturn/!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaily.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

4. Storm water discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment accumulations,
scouring or erosion of the stream banks.
5. Prior to construction, a final, written storm water management plan (including a signed and
notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing
authority) within 60 days of the issuance of the 401 Water Quality Certification. The storm water
management plans shall be approved in writing by this Office (or local delegated authority
authority, copy of plan and approval letter submitted to DWQ). You have the option of using the
Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The storm
water management plan must include construction plans, specifications, storm water BMP
worksheets, and supporting calculations. The storm water best management practices are
required to be appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Storm water Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office or local delegated
authority) shall be constructed and operational, and the storm water management plan (as
approved by this Office or local delegated authority) shall be implemented. The structural storm
water practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural storm water practices shall be made without written
authorization from the Division of Water Quality.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water gpality standards, statutes, or rules
occur.
7. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date
the Division of Land Resources has released the project.
8. 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.
9. Continuing Compliance. The applicant (Erickson Retirement Communities, Mr. Mark Hunter) 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
21-1.0507(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 21-1.0503, 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 1506 of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville
Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Sean Peffer, EMHT, 5500 New Albany Rd., Columbus, OH 43054

Water Quality Certification No. 3705
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3705 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States () as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 43, 44, and 46)
of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Quality (the "Division"):
I. Stream and/or buffer impacts:
a. Any impacts to perennial waters (as depicted on the most recent USGS 1:24000
topographic map or as otherwise determined by the local government,) and their
associated riparian buffers in Water Supply (WS), High Quality Water (HQW), or
Outstanding Resource Water (ORW) watersheds. Only water -dependent activities, public
projects, and structures with diminimus increases in impervious surfaces will be allowed as
outlined in those rules [15A NCAC 2B .0212 through .0215]. All other activities require a
variance from the delegated local govemment and/or the NC Environmental Management
Commission before the application for the 401 Water Quality Certification can be
processed.
b. Any impacts to streams and buffers in the Neuse, Tar -Pamlico, Randleman and Catawba
River Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application [in accordance with 15A NCAC 2B .0200]), unless the
activities are listed as "EXEMPT' from these Rules.
c. Any impacts to streams involving excavation or dredging.
d. Total stream impacts equal to or greater than 150 linear feet of intermittent and/or perennial
stream to be filled, culverted, rip rapped, or relocated, including temporary and/or
permanent impacts.
II. Impacts (temporary and/or permanent) to waters:
a. Equal to or greater than one-third (1/3) of an acre East of Interstate 95 (1-95).
b. Equal to or greater than one-tenth (1/10) acre West of Interstate 95 (1-95).
III. Wetland impacts (temporary and/or permanent):
a. Equal to or greater than one-third (1/3) acre East of Interstate -95.
b. Equal to or greater than one-tenth (1/10) acre West of Interstate -95.
c. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -I, WS -11, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River.
d. Any impacts to coastal wetlands [15A NCAC 7H .0205)], or Unique Wetlands (UWL) [15A
NCAC 2H.0506].
Water Quality Certification No. 3705

Water Quality Certification No. 3705
IV. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by the Division and/or the Division of Land Resources.
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Activities that are below the thresholds, or otherwise do not meet the criteria listed above
in this General Certification do not require written approval from the Division of Water
Quality as long as they comply with the Conditions of Certification listed below, including
the Stormwater Management Plan condition. If the project requires a Stormwater
Management Plan, but is otherwise below the written approval thresholds, the applicant
may provide a courtesy copy of the Pre -Construction Notification along with a copy of the
Stormwater Management Plan (and approval letter from the appropriate locally delegated
state program where applicable). If any of these Conditions cannot be met, then written
approval from the Division is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification and
authorized in the written approval from the Division, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS -I, WS -Il, High Quality (HQW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment
and erosion control requirements.
Water Quality Certification No. 3705

Water Quality Certification No. 3705
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
stream beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
4. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres), full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o.enr.state.nc.uslsulForms Documents.htm.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division of Water Quality.
Water Quality Certification No. 3705

Water Quality Certification No. 3705
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar -Pamlico, Catawba, or Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 2B .0233, .0259, .0250 and .0243, and shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 30 -foot wide vegetative buffer (low-density development) or the 100 -foot wide vegetative
buffer (high-density development) shall be maintained adjacent to all perennial waters except
for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215].
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS -1 and WS -II.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the 'Table of Uses" section of the Buffer Rules or require a variance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide Permit. Design and monitoring
protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation
Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be
submitted for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in -lieu fee program or credit purchase from a mitigation
bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
in -lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
Water Quality Certification No. 3705

Water Quality Certification No. 3705
11. For all activities requiring re -alignment of streams, a stream relocation plan must be included
for written Division approval, Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody species,
and should include establishment of a 30 -foot wide wooded and an adjacent 20 -foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
transitional phase incorporating appropriate erosion control matting materials and seedling
establishment is allowable. Rip -rap, A -Jacks, concrete, gabions or other hard structures may
be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, a Stormwater
Management Plan in accordance with the version of Stormwater Management Plan (SMP)
Requirements for Applicants other than the North Carolina Department of Transportation
posted on the Division web site at the time of application shall be provided for any project that
meets both of the following two criteria;
i. Requires a 404 Permit or Isolated Wetlands Permit (regardless of
whether written authorization is required by the Division), AND
ii. Contains one or more drainage areas that are anticipated to have
impervious surface cover of equal to or greater than 24 percent. When
drainage areas are difficult to delineate or when a pocket of high density
exists within a drainage area, the Division shall use best professional
judgment to apply the SMP requirement as appropriate.
B. For the North Carolina Department of Transportation, compliance with NCDOT's Individual
NPDES permit NCS000250 shall serve to satisfy this condition.
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters and streams must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
Water Quality Certification No. 3705

Water Quality Certification No. 3705
If site-specific topographic constraints preclude the ability to bury the culverts as described
above and/or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head -cutting upstream, the Division will consider
alternative design proposals.
Any riprap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. Additional site-specific conditions may be added to the written approval letter for projects
proposed under this Water Quality Certification in order to ensure compliance with all
applicable water quality and effluent standards.
15. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
16. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording of
the property, or of individual lots, whichever is appropriate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
19. This General Certification shall expire three (3) years from.the date of issuance of the written
letter from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re-application and re -approval to use this Certification for the specific
impacts already approved.
Water Quality Certification No. 3705

Water Quality Certification No. 3705
20. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity, if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
&Y�� N
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3705 replaces Water Quality Certification
Numbers 3106 and 3108 issued on February 11, 1997, Water Quality Certification Number 3287
issued on June 1, 2000, Water Quality Certification Number 3362 issued March 18, 2002, Water
Quality Certification Number 3402 issued March, 2003, and Water Quality Certification Number
3631 issued March 19, 2007. This Water Quality Certification is rescinded when the Corps of
Engineers re -authorizes Nationwide Permits 18, 29, 39, 41, 42, 43 or 44 or when deemed
appropriate by the Director of the Division of Water Quality.
Water Quality Certification No. 3705

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2008-00757-360 County: Mecklenburg USGS Quad: Matthews
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Erickson Retirement Communities, Att'n: Mark Hunter
Address: 1 Cedar Village Drive
Promnton Plains, NJ 07444
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Erickson Retirement
Community located on a 114 acre tract north of McKee Road and south of Pleasant Plains Road,•
near Charlotte
Description of projects area and activity: This permit authorizes impacts to 0.3 acre of wetlands and
ienx oras iM acts to 1.3 acres of. o en water in association. with the constt taction of the Frirson
Retiretnent COMMUnitl. Mitigation to offset wetland logs -will he clone thrott h enhancement of
0.14 acre of wetlands and restoration of 0.16 acre of wetlands After, the pond and wetland
uJiti ation are complete. the south and west sides of the wetlands will be protected with a fence and
a no mow zone extending 50 feet from the wetland edge. ALL MITIGATION WORK WILL BE
DONE IN STRICT ACCORDANCE (INCLUDING MONTORING) WITH TII-l+ "FINAL
WETLAND MITIGATION PLAN" RECEIVED RY EMH&T ON MAY 21 2008.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your-subnritted plans -Any violation of the -attached conditioris-or deviation from your --
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e.,:are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date :of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980.

Corps Regulatory Official Steve Chapin Date: May 27, 2008
Expiration Date of Verification: May 27, 2010
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
httv://www.saw.usace.army.mil/WETLANDS/index.html to complete the survey online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual, open water, and is adjacent to stream channels that exhibit indicators of ordinary high water
marks. The stream channels on the property are unnamed tributaries to Four Mile Creek which flow into the
Catawba River and ultimately flows to the Atlantic Ocean through the Four Mile Creek>McAlpine Creek>Catawba
River system which is a Section 10 navigable -in -fact waterway at Lake Wylie.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Steve Chapin
Issue Date: May 27, 2008 Expiration Date: Five years from Issue Date
Copy Furnished:
EMR&T (Sean Peffer)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1.D.: SAW -2014-02262 County: Mecklenburg 11S.G.S. Quad: NC-
MATTHEWS
NOTIFICATION OF RAZISDICI'IONAL DETERMINATION
Property Owner/Agent: ELP Matthews LLC
Address: 701 Maiden Choice Lane Baltimore, Maryland 21228
Telephone No.: 800-820-0856
Property description:
Size (acres)83.217 Nearest Town: Matthews
Nearest Waterway: West Fork- Twelvemile Creek River Basin: Lower Catawba
Coordinates: 35.084508, -80.718629 Hydrologic Unit Code: 3050103
Location Description: The site is located at 1910 McKee Road Matthews, in Mecklenburg County, NC. Coordinates:
35.084508, -80.71862.9
Indicate Which of the Following A poly:
A. Preliminary Determination
X Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
so- est you have this property inspected to determine the extent of Department of the Army (13A)jurisdiction. To be
considered final, a jurisdictional detet7nination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 Cl -R Part 331). ). 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.
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 ofthis
notification.
There are waters and 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 waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
_ The waters and wetlands 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, chis 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 waters and 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 ti.S., to include wetlands, present on the above described property which arc subject to the
permit requirements of Section 404 of the Clean Water Act (33 IJSC 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.

Action Id.: SAW -2014-02262
Placement of dredged or fill material within waters of the US and/or wetlands %vidiout a Department of the Armv permit may
constitute a violation of Section 301 of the Clean water Act (33 USC § 131 )). if you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1957 Comps of Engineers 14"e land Delineation Manual and the Intc;rirrr
Regional S4+pplement to the Cors of Engineers Wetlands Delineation Manual: Eastern Mountain crud Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property "is an unnamed tributary to Finest Fork Twelvemile Creek which flows into the Lower Catawba
River. The Catawba River is located in the Santee watershed and eventually drains to the Atlantic Occan. Specifically, the
Catawba River joins the Santee -Cooper River in South Carolina before entering the Atlantic Ocean.
D. Remarks:
E. Attention USDA Program Participants
This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request- The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland detennination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. if you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for
appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following
address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1 OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below.
*Ylt is not necessary to submit an RPA form to the Division Office ifyou do nol ob-ject to the determination in this
correspondence."
Corps Regulatory Official: 1�rilliam 1 Ilion /
i
Issuc Date: March 23, 2015 Expiration Date: March 22, 2020
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 file Customer Satisfaction Survey located at our website atht 1�.usace..anmy.mil/survey.html
to complete the survey online.
Ch: Eric Nagy, 5500 New Albany Road, Columbus Oh 43054
2

NO1IFICA1 ION ()l° � l)�11N1S`I`1�,�'1'i\'I. ,'�l'1'I:,'il, [_tl I It t �ti AND 1'l:t.)t`I;SS: AND
Applicant: ELI' Matflievis LLC
Attached
bile Number: SAW -2014- Date: March 23, 2015
02262
Il�tl'I'IA1 1'P.OI I`1 R.I;D Pt;1ZM]'l" (Siltt�d ttcl I'crtz�tt or Letter of pc.011issi0n)
P1Z0C I.'I7RFD .PERMIT: (Standard Per trot or Leltet oi_px.tmtssion)
pERMIT 1)ENIA1_, _ -------
-See
See Section below
I3
C
APPROVED JURISDICTIONAL Dl. I i RMINAI ION _ n.
X PRELIMINARY JURISDICTIONAL DE"1'I;RMINATI0N I
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at
hitp://w��vt%usace.artn _tail/CI;CW/i'a acs/rc �inalerials.aspx or Corps regulations at 33 CFR Part 331.
A: INITIAL, PROFFERED PERMIT: You tray 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 (i..OP), you may accept the LOP and your work is authorized. Your
si�maiure on the Standard Permit or acceptance of, LOP means that you accept the pennit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jui-isdictional determinations associated with the permit.
OBJECT: If You object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this forni and return the form to the district engineer,
Your objections must be received by the district engineer within 60 days ofthe date ofthis notice, or you will forfeit your right
to appeal the permit in the fixture. Upon receipt ofyour letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections; or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
13: PROFFERI D PERM].': You may accept or appeal the permit
• ACCEPT: If you received a Standard Perinit, you may sign the permit document and return it to the district engineex for final
authorir<xtion. Ifyou received a Letter of Permission (1 -.OP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permil or acceptance of the 1.01' means that you accept the. permit in its entirety, and waive all rights
to appeal (lie permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPL:AL: 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 F nginecrs Administrative Appeal Process by completing Section If of ibis
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days ofthe
date of !his notice.
PLRMI I DISNIAL: You niay appeal the denial of a permil under the Corps oflugnicers Administrative Appeal Process
by completing Section 1I of this ibrni and sending the form to the division en,*,incer. This lorni must be received by the division
c1lPineer within 60 days ofthe date ofthis notice.
D: Al'1'ROVI"I) .i UI'XISI)IC'I'IONAL D171,-hERMINATION: You play accept or appeal the approved .11.) or
pro�,ide new information.
• ACCI=;PT: You do not nce-d to notify the Corps to accept an approved JI). failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved .11) in its entirely, and waive all rights to appeal the approved JD.
• APPEAL: if you disagree with the approved JD, you may appeal the approved JI) under file Corps of 13ngincers Administrative
Appeal Process by completing Section II of this form and sending the fiirm to the division en ineer. This form must be received
by the division engineer within 60 days of the date of this notice.

I?: l'RI 1.,I.MINARY .iURISDICTIONAL, DETERMiNATION: You do not need to respond to the Corps
regarding the preliminary JD. The. Preliminary JIB isnot appealable. If yot] Nvish, you ma), request an
approved.0 (vdilch 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 II - R QLJ I_ ST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
RI ASONS FOR APPI AI., OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record
ADDITIONAL. INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
William Elliott, Project Manager
USACI, Asheville Regulatory Field Office
151 Patton Ave
RM 208
Asheville, NC 28801
828-271-7980
Mr..lason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Array Corps of Engineers, South Atlantic, Division
60 Forsyth Street, Room 1 OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
_..... ...... .. - -- .___.....I .._ ....__._.. --- -. ._. .. _. ... ----
Date: __ _ f Telephone num—ber:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PI)O, 60 Forsyth Street, Room 10MI5, Atlanta, Georgia 30303-8801
Phone: [phone]

ATTACHMENT
PRE�L►Mt1VARy j1JRISDIC FIONAL PETE
KGI Q11Np INVO RIVIINATION FARM '
—�� R MI!I
A. R+FP(_"RT COMPLETION
PETLEIWINAPON ATE FOR PRELI
(' )= a 000ber 29, U1 MlI�IARY JURISDICTIC3I1lgL
13, NAME AND ADI)
FSteveu Mart o. RISS t3_F pRSCIII
rnery REQUESTING P
I z:cs'dcrit I.3cvela R EI_IMINARY Jp,
701,"Wera Cho-
ice Lane,p1r� lat
altirz
Sze; h 21228
C' QISrRICT OFFICE
� l r
1zr1_E ,NAME, AND NtjMPEl?., �r ,
sitPROJiFC
e ?s located raortlz LOCATION 1LdG-A;
) AND 13AC#tGROU
af}t attlae Mcl ec. c,acl.arad Southwc,sf of p1c�z Ot NrORpro.r~ G G
ws, �leaalarzr N[ATIpN;- ccHE THE A7 7' 8 Cc�t�tzt37 NorLlazrIiraa, s Roarl ill the Tow,i
A7' DIPPEREN7- j MB E: O O( C�
tafe:. NIENT MULTIPLE WATERgOD
°rte' C�01ina IES
Mairl}evsrs County_ /Parish/borou
Center caordnates of si e county/mash/borough: Mecklcnbirxg
t (laf/long in de city!
Long -80.7I8586° W gree decimal farrnat
). Lat. 35..0.842 4218 -
NameG7 nr Universal Transverse
Name of Mercator; 17 S 525632.631n F
nearest waterbocly; Fourrnile Creek; Catawba R'
Idejitify (osfirnate aver' V(Taiershed
No"'-wG an"ot�nt of waters in the review
tla,id waters" 374 linear feet:
��w��rclira Class: area:
Siream FIo width (ft) and/or 2.26 acres.
w: Interplittent
l�lr�tfartds.,�a,
Co wa l dirr Class: % c Zv ""e
0i" -'f./ 7,z;-,
Nape (}f
waters:
anY ��rater bodies ori the site that have
Tidal: been idented as Sectio
ifin 10
Non -Tidal:
F.
REVIE
APPLY): W PERPORNIED FQR SITE EVALCI
-_-) Office (DeATjON (CIiECK Al -1 THAT
sk) Determination.
1. _. Field DoterrhInationate(s);
• D Date:

1. The Corps of Eh
i.JOited stato.s oil gineers believe
w#�o req the su1 si#c s 17a# #fa�:rc� rrlay be '
tjes#ed this ecf , and the. lurr'sdictional
request at, obtain preliminary JD is perrr,i# app)lcant are Wafers of fine
Neva fairy an aAArnved herohY advised of fhc r affected part
rflr�lass, #h l?irr�i# jurisdictional determ' hts or her o Y
l�refrr�rrnarY' JL] h gPPIicar it or a rr�ation J pliol i fa
this irlstarr.ce as declined tae th rpersan Wino re (D) for it a site,
and at this time. Kgrcise ffre a its . quertec# this
l n to obtain at, apprro.ved JD in
any circtr
a N t?o instance where ,
a .. de feral P a permit a
p° e-cQnstructiorr . ermlt { Wicant obtains
N+ J�, no ) or ether an individual
catrnn�� gels ai permit, or
or other ge#�Pral {pCf1f�, or re pernllt verificatrot�r re
aApr°:'fid Jf Parr lt; and the vests vOr ricatian �rar q�±irir�g
fn[lo for the activi# permit � a it �,t re
wvitg; (1 j the perrrrif yf tl�o l�errn)f a pplicanf has rtt re porting
based:on a aAplic pAlicant:is h refs questacl an
preflmi?�a aft has elected to Y trracia award of the
Jurisdictiorlat Waters. rY JDf which do Ole seek a Pe
JD before , (2) that Ile s not h.. kei an ofir al del rmll uthc�rization
that bosir7 acc'2pt-Ing the ferR7s apl�liCant %tas the o t t mina#ion of
g a peri- and the
of thep yon t° request ars a r
co rp ; satory rniti author- on perrriif autlaariz pp rived
gatior� being re X11 approved Jt] could a#iorr
the al?plican f has tla right required a possibl rand
the ferms and cflr�dltioht to re r different sAecial conditions salt Q. less
that thea quest ate it�divrdrt?.
Pplfcan1 carp of the NWP r r r3tf»r perrnlf r=ather t - ' (3) that
with a!f the t, accept a 9en6ibl hon accepting
rnis a.hd Co per authorizatior, and
at #hcrizatioh} { �
t'equirenl6nts t ndfljoris
.of # d thereby'
he Carps has iia# perrrr t, indludin agree to comply
an y activity in relia.0ce .0 defer mimed to be g tnrhatever
approved j poll the st- - necessary, Mitigation
prIi constitutes #ho - J .ctperrrtif ai�tltntz� that urrderfakinq
►rrirrarY JD, but that either 0 opplicar3#'s a atraf� wviino
l�racticabl ; rrr of J£] ccdp#ancp_ of t116
Ott requesting
individual ardptrr g a er.., wiff be he use of tf�e
perrnri A mit author,will �r� f� oc�'ssod as soon
permit a 'ar under�takir2 as is
+�#horzatiorr base_ g any activity iii rel ' sigt ir�g a prorfer("j
wetlands and ()the d or) a iarroe o
r'c ' r water bo pry whina , Jf� ccr n at y fcrrrr� or
Jurisdictional w_ dies on the rrstif # s a r Cor -)s
such iters of the site r Ifcc€ed it g e rrrc.r7t fl�ai all
IoCisdiction iii United States j ariy Way action, or in ar7 ar�Y adtrrinisfrativ • and precludes a gay sir{ai cxctivity
ff�e applicant elects ar judicial corgi any challenge to
Will be cfs fo use . - appeal or ill an l~e plr`j ce or ehtQrcerneat
Pror�ssed either art a y decal court; illUividual I e as soon as ' pproved JL7 acrd t7j whotiler
p . r+t7it is 1�racticable. pf a l�relrmr'r�arY JD, that J£?
Aerrnrf. diiil ca {arid all fermis and edrrdr'fions�her.
and t n Fac �dra�rr�is#rtit+I ar7 apf�roved JCf
that in any adrr7rnis#ra#r`ve fatr�ed fl�er-ein) a proffered
R. 331. y appoatd purstta or i'ndi'vidual
g(a�( �. Jf aAAaa1, luriscirctiar�af issues can 33 C;l✓_ -,.
#o trrako an otficiaf, de#f, O i nr,agonat Part L ;31r
fa prdvide adtrrr1istrativc'art Jae raised (see 33
an official whether (, WA -dappeal, it hcror�es t�e,c s ary
pravrcle ar7 a delineation of Jurisdiction
77�is preli pl�roved JI) {o Jurisdictional wafers o xrsfs ever a s, r
rninar acecirrrplish ft,at rostr)t r� the. site, #fie tte, o
sitbjecf yJ{) ('rids fflal there �• Col
affdcte project site; and id - mai bs''v,,a rssosoal7 as is Practicable, As will
d by the pref�osed antiffes all aquatic tpatures o the United S
activity, based on tf�e followit� • fates on the
n.tl�e site that could tae
q rnfalrrrafior�;

SUPPORTING DATA. Data reviewed for preliminary JD (check ail that apply
- checked items should be included in case file and, where checked and
requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the
applicant/co.nsuitant.DeLoKme, 2013; USES, 1978; NRCS, 2012; FEMA, 2013;
NWI, 2013 EMI-i&`i', 2014.
H Data sheets prepared/submitted by or on behalf of the
ap.plicantlrc��i,'s, ultar�t.
Office concurs with data sheotsldelineation repgq..
❑ ii
Office, does n_4ot concur with data sheets/delineaWo repoit.
'❑ .data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydr6lo0ic'Atlas;
USGS NHD data.
❑ USGS 6 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Matthews, NC
Quad, 1978.
2 USDA Natural Resources ConserVation Service Soil Spivey.
Citation:SSURGO/NRCS; 2012.
National wetlands inventory map(s). Cite name: FWS, 2012,
❑ Sfate/Locat wetland inventory map(s):
FEMA/FIRM maps: Mecklenburg County, 2013-
�] 100 -year Floodplain Elevation is: (National Geode.ctic Vertical Datum
of 1929)
Photographs: ❑ Aerial (Name & Date):
or [ Other (Name & Date)JNH&`1' Report Photos, -2014.
Previous determinatiOO.(s). Fife no. and. date of response letter: SAW -
2008<00757 -360; May 28, 2008.
❑ Other information (please specify):
lMOORTANT NOTE: The information rc*t:tarded on this fdrni has not
hecess� 111 bcci7yeiifio q rps_s lci:shauld tac�t_fy�r celled tt iota fc�r
later iurisdictional determinations. T-��
Signature and date of Signature and41111�liinary
Regulatory Project Manager person requeJD
(REQUIREp) (REQUIRED, tjnless obtaining
the signatore, is impracticable)
3

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
August 5, 2015
DWR# 08-035OV2
Mecklenburg County
Mr. Steven Montgomery
ELP Mathews, LLC
701 Maiden Choice Lane
Baltimore, MD 21228
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Windsor Run (formerly Erickson Retirement Center)
Dear Mr. Montgomery:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated July 20, 2015, and received by the
Division of Water Resources (the Division) on July 23, 2015. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3890,
which can be viewed on our web site at http://Portal.nedenr.org/web/wq/swp/ws/401. The General
Certification allows you to use Nationwide Permit Number 29/39 once it is issued to you by the U.S.
Army Corps of Engineers (COE). 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. It is advised that all conditions of the Certification
are reviewed prior to initiation of the project. In addition to the requirements of the Certification,
you must also comply with the following conditions:
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. 15A NCAC 02H .0506 and 15A NCAC 02H
.0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced, 15A NCAC 02H.0502 (e)]
3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 3S linear ft. 0 linear ft.
Wetland 0 acre 0.37 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Atfinnalive Action Employer - Made in part by recycled paper

DWR# 08-0350V2
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of the Town of Matthew's approval. The approved SMP shall
be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh,
NC 27699-1650) before any impacts authorized in this certification occur. After it is
approved and submitted to the Division, the SMP may not be modified without prior written
authorization from the Town of Matthews or the Division. If the SMP is modified in the
future, then you shall provide one modified SMP with proof of approval to the DWR 401 &
Buffer Permitting Unit prior to the commencement of the modifications.
7. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
8. Use of native vegetation and other soft stream bank stabilization techniques is recommended
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 DWR
9. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
11. Heavy equipment shall be operated from the banks rather than in the stream channel in order
to minimize sedimentation and reduce the introduction of other pollutants into the stream.
15A NCAC 02H.0506(b)(3)
12. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. 15A NCAC 02H.0506(b)(3)
13. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
14. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited. 15A NCAC 02H.0506(b)(3)
15. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery.. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
1506 by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].

DWR# 08-0350V2
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am
to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
if sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, INC 27699-1601
This letter completes the review by the Division 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. Karen Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely,
c
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc: William Elliot, Army Corps of Engineers, Asheville (email)
Amelia Harris, EMH&T, aharrista'�.emht.com
Karen Higgins, Wetlands Unit
MRO, Land Quality

DWR# 08-0350V2
CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: _ _ Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Date
Registration No.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2015-02262 County: Mecklenburg USGS Quad: NC-MATTI3EWS
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Steven Montgomery, ELP Matthews,LLC
Address: 701 Maiden Choice Lane_
Baltimore, MD 21228
Telephone No.: 704 904 4443
Size and location of property (water body, road name/number, town, etc.): The proiect is located north
of McKee Road, southwest of Pleasant Plains Road, and south east of I-485 in the Town of
Matthews, Mecklenburg County, North Carolina.
Description of projects area and activity: This permit authorizes excavation and placement of fill
material associated with residential development and authorizes 35 If of temporary stream im acts
and permanent fill of 0.37 acre of wetland. Mitigation of 0.37 acres of Riparian wetland in the
Catawba 03 Expanded Service Are will be utilized.
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: NW29
Additional Remarks and/or Special Permit Conditions
*Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the
stream. Culverts 48 inches or less shall be buried at an appropriate depth to maintain aquatic
passage as defined in Final Regional Condition 3.6 attached to this NNW.
Areas of forested wetland that will be temporarily impacted during construction must be replanted
with native woody vegetation, monitored for success and replanted where necessary. Any impact
deviation to the approved plan must be approved by prior notification from the Corps before these
impacts can occur.
PERMIT CONDITION TO BE INCLUDED ON ALL PERMITS USING THIS PROCESS: "In
order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization."
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your plans submitted on July 29, 2015 . Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terns and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,

unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. You may also visit their website at: http://portal.ncdenr.org/web/wq/swp/ws/webscape
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the P `mit, or the Corps of
Engineers regulatory program, please contact William Elliott at 828-271-7980.
Corps Regulatory Official William Elliott � �' Date: September 22, 2015
Expiration Date of Verification: March 18, 2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
hM://per2.nyM.usace.arfny.mil/survey.html to complete the survey online.

Permit Number: SAW -2014-02262
Permit Type: NW29
Name of County: Mecklenburg
Name of Permittee: Steven Montgomery, ELP Matthews,LLC
Date of Issuance: September 22, 2015
Project Manager: William Elliott
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28 801-5 006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Steven Montgomery
Project Name: Windsor Run, LLC
Action ID: SAW 2014-02262
County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation_* 8 -digit HUC and Basin: 03050103, Catawba River Basin
Stream Impacts (linear feet) Wetland Impacts (acres) -
Warm Cool _ Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal
0 0 0 0.37 0 __0 -- 0_
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor
pensatory Mitigation Requirements: 8 -digit HUC and Basin: 03050103 Expanded Service Area T
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal
0^ 0 0 0.37 0 0 0
F
Mitigation Site Debited: NC DMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:, _
Name of Sponsor's Authorized Representative
Sienature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 23 October, 2013

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the -Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC27587 (email: [e-mail]. mil). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: William Elliott
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email: [e-mail]
USACE Project Manager Signature
,August 28, 201.5
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at htt re ulatorV.usacesurvey.com/ to complete the survey online.

A
YTA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Steven Montgomery
Windsor Run, LLC
701 Maiden Choice Lane
Baltimore, MD 21228
Protect: Windsor Run
Division of Mitigation Services Donald R. van der Vaart
Secretary
July 14, 2015
Expiration of Acceptance: January 14, 2016
County: Mecklenburg
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the. permit issuing agencies
as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to deterniine if payment'to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA. permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment mast be made prior to conducting the authorized work. The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the. information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
.m�trti,1 ner.�nrire omit ntav at:rPPrt tits rmnarf amnttntc chn[am lteinw_
* The Catawba 03 Expanded Service Area will he willz:ed for this ire act. Upon receipt or payment, ijivi� 'wui tante
responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee
Program instrument dated July 28, 2010_
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
cc: William Elliott, USACE-
Amelia Hams, agent
Sincerely,
James. Stanfill
Asset Management Supervisor
1652 Mail Sem ice Center, Raleigh, North Carolina 27699-1652
Phone: 9`19-707-8976 1Internet: www,nceep.net
An Equal Opportunity MfirmaGve klion Employer— Made in Fart t ore recycled paper
Cu
Stream (feet)
Wetlands (acres) Buffer I
Buffer if
River Basin
Location
(Sq. Ft.)
(Sq. Ft.)
Cold Cool Warm
Riparian Non -Riparian
Coastal Marsh
Ire act
Catawba
03050103"
0 0 35
0.37 0
0 1,050
0
* The Catawba 03 Expanded Service Area will he willz:ed for this ire act. Upon receipt or payment, ijivi� 'wui tante
responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee
Program instrument dated July 28, 2010_
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
cc: William Elliott, USACE-
Amelia Hams, agent
Sincerely,
James. Stanfill
Asset Management Supervisor
1652 Mail Sem ice Center, Raleigh, North Carolina 27699-1652
Phone: 9`19-707-8976 1Internet: www,nceep.net
An Equal Opportunity MfirmaGve klion Employer— Made in Fart t ore recycled paper

A legacy of experience. A reputation for excellence.
APPENDIX B
NC WAM Assessment Form and Rating Sheet

NC WAM WETLAND ASSESSMENT FORM
Accompanies User Manual Version 4.1
i1RL11 is 4G14YIGLVI YGi 3i Vit Y. 1
Wetland Site Mame Windsor Run Senior Retirement Community Date 12/712016
Wetland Type Non -Tidal Freshwater Marsh ! Assessor NamelOrganization Eric Nagy, EMHBT
Level III Ecoregion Pledrnont Nearest Named Water Body Fourmile Creek
River Basing Catawba J USGS 8 -Digit Catalogue Unit 03050103
{e Yes C No Precipitation within 48 hrs? Latitudell-onnitude (deci-dearees) 350843961-80718526
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on last page if evidence of stressors is apparent_ Consider departure from reference, if
appropriate, in recent past (for instance, approximately within 10 years)_ Noteworthy stressors include, but are not limited
to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby
septic tanks, underground storage tanks (USTs), hog lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc_)
• Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.)
Is the assessment area intensively managed? C Yes t:" No
Regulatory Considerations (select all that apply to the assessment area)
r— Anadromous fish
r— Federally protected species or State endangered or threatened species
I— NCDWQ riparian buffer rule in effect
Abuts a Primary Nursery Area (PNA)
F Publicly Owned property
I— N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
r Designated NCNHP reference community
Abuts a 303(d}listed stream or a tributary to a 303(d) -listed stream
What type of natural stream is associated with the wetland, if any? (check all that apply)
I " Blackwater
C Brownwater
7 Tidal (if tidal, check one of the following boxes) f— Lunar C Wind 1 Both
Is the assessment area on a coastal island? C Yes #: No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver?
Does the assessment area experience overbank flooding during normal rainfall conditions?
f" Yes t°: No
C Yes t f No
Ground Surface Condition,+Vegetation Condition — assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure
(VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable,
then rate the assessment area based on evidence of an effect
GS VS
A A Not severely altered
B {�' B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing,
less diversity [if appropriate], hydrologic alteration)
2. Surface and Subsurface Storage Capacity and Duration — assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and
duration (Sub)_ Consider both increase and decrease in hydrology. Refer to the current NRCS lateral effect of ditching guidance for
North Carolina hydric soils (see USAGE Wilmington District website) for the zone of influence of ditches in hydric soils_ A ditch
1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and ditch
sub -surface water. Consider tidal flooding regime, if applicable_
Surf Sub
A C A Water storage capacity and duration are not altered_
(: B: B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
C i C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation
change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines)_
3. Water StoragelSurface Relief — assessment arealwetiand type condition metric (answer for non -marsh wetlands only)
Check a box in each column for each group below_ Select the appropriate storage for the assessment area (AA) and the wetland
type (WT).
AA WT
3a_ A A Majority of wetland with depressions able to pond water > 1 foot deep
C' B ' B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
C {� C Majority of wetland with depressions able to pond water 3 to 6 inches deep
{ D {" D Depressions able to pond water < 3 inches deep
3b_ (—A Evidence that maximum depth of inundation is greater than 2 feet
(' B Evidence that maximum depth of inundation is between 1 and 2 feet

C C Evidence that maximum depth of inundation is less than 1 foot

4. Soil TexturelStructure — assessment area condition metric
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape
feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for
regional indicators_
4a. A Sandy soil
$� B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres)
C Loamy or clayey soils not exhibiting redoximorphic features
D Loamy or clayey gleyed soil
#� E Histosol or histic epipedon
4b_ {e A Soil ribbon < 1 inch
B Soil ribbon ? 1 inch
4c. A No peat or muck presence
t B A peat or muck presence
5. Discharge into Wetland — opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub)_
Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc_
Surf Sub
(+ A A Little or no evidence of pollutants or discharges entering the assessment area
f— B C B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
(� C i C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use — opportunity metric
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment_ Consider sources
draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the
assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers
are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion.
WS 5M 2M
r A r A f�_' A �! 10% impervious surfaces
F_ B r B r B < 10% impervious surfaces
r C r C r C Confined animal operations (or other local, concentrated source of pollutants)
F_ D r D r D 3 20 coverage of pasture
F_ E r E r E 20 coverage of agricultural land (regularly plowed land)
F F r F r F ? 20%© coverage of maintained grass/herb
r G r G r G 2� 20% coverage of clear-cut land
F H r H r H Little or no opportunity to improve water quality_ Lack of opportunity may result from hydrologic alterations
that prevent drainage or overbank flow from affecting the assessment area.
Wetland Acting as Vegetated Buffer — assessment arealwetland complex condition metric
7a. Is assessment area within 50 feet of a tributary or other open water?
Co Yes f— No If Yes, continue to 7b_ If No, skip to Metric 8_
Wetland buffer need only be present on one side of the water body_ Make bufferjudgment based on the average width of the wetland_
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is weltand? Descriptor E should be selected if ditches effectively bypass the buffer.
A �! 50 feet
B From 30 to < 50 feet
{ C From 15 to < 30 feet
D From 5 to < 15 feet
f: E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width_
t: S 15 -feet wide (— > 15 -feet wide t— Other open water (no tributary present)
7d_ Do roots of assessment area vegetation extend into the bank of the tributarylopen water?
C Yes {; No
7e. Is tributary or other open water sheltered or exposed?
{ Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic.
{" Exposed — adjacent open water with width ? 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area — wetland type/wetland complex metric (evaluate for riparian wetlands only)
Check a box
in each column. Select the average width for the wetland type at the assessment area (WT)
and the
wetland
complex at the assessment areas (WC). See User Manual for WT and WC boundaries_
WT
WC
A
A
? 100 feet
B
t'" B
From 80 to < 100 feet
{e C
G C
From 50 to < 80 feet
D
{ ` D
From 40 to < 50 feet
E
E
From 30 to < 40 feet
F
F
From 15 to < 30 feet
G
G
From 5 to < 15 feet
{' H
H
< 5 feet

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

17. Vegetative Structure - assessment arealwetland type condition metric
17a. Is vegetation present?
C: Yes r- No If Yes, continue to 17b. If No, skip to Metric 18.
17b_ Evaluate percent coverage of assessment area vegetation for all marshes only_ Skip to 17c for non -marsh wetlands.
f: A 7 25% coverage of vegetation
t� B < 25% coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands_ Consider structure
in airspace
above the
assessment area (AA) and the wetland type (WT) separately.
AA
WT
vA
f A
Canopy closed, or nearly closed, with natural gaps associated with natural processes
e
{ B
f B
Canopy present, but opened more than natural gaps
W
U
C
t- C
Canopy sparse or absent
{� A
t" A
Dense mid-story/sapling layer
(9
{ B
t B
Moderate density mid-story/sapling layer
r C
f C
Mid-story/sapling layer sparse or absent
{" A f- A Dense shrub layer
r B i- B Moderate density shrub layer
N r C { C Shrub layer sparse or absent
r A t- A Dense herb layer
r B C-° B Moderate density herb layer
(- C C C Herb layer sparse or absent
18. Snags - wetland type condition metric
a: A Large snags (more than one) are visible (> 12 -inches DBH, or large relative to species present and landscape stability)-
(-* B Not A
19. Diameter Class Distribution -wetland type condition metric
fes° A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
C B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 -inch DBH.
{ii C Majority of canopy trees are r 6 inches DBH or no trees.
20. Large Woody Debris - wetland type condition metric
Include both natural debris and man -placed natural debris.
C A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
f+ B Not A
21. Vegetationl0pen Water Dispersion - wetland typelopen water condition metric (evaluate for Non -Tidal Freshwater
Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season_ Patterned
areas indicate vegetated areas, while solid white areas indicate open water_
f- A B x C f: D
22. Hydrologic Connectivity - assessment area condition metric (evaluate for riparian wetlands only)
Examples of activities that may severely alter hydrologic connectivity include intensive
ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision.
r A Overbank and overland flow are not severely altered in the assessment area_
r B Overbank flow is severely altered in the assessment area_
f+ C Overland flow is severely altered in the assessment area-
(- D Both overbank and overland flow are severely altered in the assessment area.
Notes
Stressors include: wetland fill for construction road; significant grading in uplands surrounding wetlands; diversion of overland flow/ runoff into a
stormwater system_

NC WAM Wetland Rating Sheet
Accompanies User Manual Version 4.1
Rating Calculator Version 4.1
Wetland Site Name Windsor Run Senior Retirement Community date 1217!2016
Wetland Type Non -Tidal Freshwater Marsh Assessor NamelOrganization Eric Nagy, EMH&T
Notes on Field Assessment Form (YIN) YES
Presence of regulatory considerations (YIN) NO
Wetland is intensively managed (YIN) NO
Assessment area is located within 50 feet of a natural tributary or other open water (YIN) YES
Assessment area is substantially altered by beaver (YIN) NO
Assessment area experiences overbank flooding during normal rainfall conditions (YIN) NO
Assessment area is on a coastal island (YIN) NO
Sub -function Rating Summary
Function
Sub -function
Metrics
Rating
Hydrology
Surface Storage and Retention
Condition
NA
NA
Sub -Surface Storage and Retention
Condition
NA
Water Quality
Pathogen Change
Condition
NA
Condition/Opportunity NA
Opportunity Presence? (YIN) NA
Habitat Physical Structure Condition LOW
Landscape Patch Structure Condition HIGH
Vegetation Composition Condition MEDIUM
Function Rating Summary
Function
ConditionlOpportunity
NA
Hydrology
Opportunity Presence? (YIN)
NA
Particulate Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (Y/N)
NA
Soluble Change
Condition
NA
Con ditionlOpportunity
NA
Opportunity Presence? (YIN)
NA
Physical Change
Condition
NA
Condition/Opportunity
NA
Opportunity Presence? (YIN)
NA
Pollution Change
Condition
NA
Condition/Opportunity NA
Opportunity Presence? (YIN) NA
Habitat Physical Structure Condition LOW
Landscape Patch Structure Condition HIGH
Vegetation Composition Condition MEDIUM
Function Rating Summary
Function
Metrics/Notes
Rating
Hydrology
Condition
HIGH
Water Quality
Condition
MEDIUM
Condition/Opportunity
MEDIUM
Opportunity Presence? (YIN)
NO
Habitat
Conditon
LOW
Overall Wetland Rating MEDIUM

A legacy of experience. A reputation for excellence.
APPENDIX C
Stream Quality Assessment Worksheet & Stream Identification Form

USACE AID# DWQ # Site # (indicate on attached map)
MSTREAM QUALITY ASSESSMENT WORKSHEET
AQP
Provide the following information for the stream reach under assessment:
1. Applicant's name: Erickson Living 2. Evaluator's name: Eric Nagy, EMH&T
3. Date of evaluation: 4/7/2014 4. Time of evaluation: 4 pm
5. Name of stream: Stream 1 6. River basin: Catawba
7. Approximate drainage area: 0.11 square miles 8. Stream order: 1 st
9. Length of reach evaluated: 374 linear feet 10. County: Mecklenburg
11. Site coordinates (if known): prefer in decimal degrees.
Latitude (ex. 34.872312): 35.084508
12. Subdivision name (if any):
Longitude (ex. -77.556611): -80.718629
Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
See exhibits
14. Proposed channel work (if any): No impacts proposed
15. Recent weather conditions: 1.75" of rain on the day before evaluation
16. Site conditions at time of visit: Heavy rain early, then party cloudy/windy
17. 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)
18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 0.86 acre
19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO
21. Estimated watershed land use: 25 % Residential % Commercial % Industrial % Agricultural
% Forested % Cleared / Logged 75 % Other ( abandoned cattle pasture )
22. Bankfull width: 41 23. Bank height (from bed to top of bank): 81
24. Channel slope down center of stream: _Flat (0 to 2%) X Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (>10%)
25. Channel sinuosity: X Straight _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): 33 Comments' Stream and riparian buffer appear to be recovering from historic
cattle pasturing and periodic mowing. Stream was flowing heavily due to precipitation event and could not be surveyed for aquatic organisms.
Evaluator's Signature Date
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 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 06/03. To Comment, please call 919-876-8441 x 26.

STREAM QUALITY ASSESSMENT WORKSHEET
* These characteristics are not assessed in coastal streams.
#
CHARACTERISTICS
ECOREGION POINT
RANGE
SCORE
Coastal
Piedmont
Mountain
1
Presence of flow / persistent pools in stream
0-5
0-4
0-5
(no flow or saturation = 0; strong 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
(no buffer = 0; contiguous, wide buffer = max points)
4
Evidence of nutrient or chemical discharges
0-5
0-4
0-4
4
(extensive discharges = 0; no discharges = max points)
,.�
5
Groundwater discharge
0-3
0-4
0-4
3
U(no
discharge = 0; springs, seeps, wetlands, etc. = max points)
6
Presence of adjacent floodplain
0-4
0-4
0-2
0
(no floodplain = 0; extensive floodplain = max points)
a7
Entrenchment / floodplain access
0— 5
0— 4
0— 2
0
(deeply entrenched = 0; frequent flooding = max points)
8
Presence of adjacent wetlands
0-6
0-4
0-2
2
(no wetlands = 0; large adjacent wetlands = max points)
9
Channel sinuosity
0-5
0-4
0-3
(extensive channelization = 0; natural meander = max points)
10
Sediment input
0-5
0-4
0-4
4
(extensive deposition= 0; little or no sediment = max points)
11
Size & diversity of channel bed substrate
NA*
0-4
0-5
(fine, homogenous = 0; large, diverse sizes = max points)
12
Evidence of channel incision or widening
0-5
0-4
0-5
3
y,
(deeply incised = 0; stable bed & banks = max points)
13
Presence of major bank failures
0-5
0-5
0-5
4
a
(severe erosion = 0; no erosion, stable banks = max points)
14
Root depth and density on banks
0-3
0 — 4
0-5
3
(no visible roots = 0; dense roots throughout = max points)
15
Impact by agriculture, livestock, or timber production
0-5
0-4
0-5
(substantial impact =0; no evidence = max points)
16
Presence of riffle-pool/ripple-pool complexes
0-3
0-5
0-6
0
(no riffles/ripples or pools = 0; well-developed = max points)
17
Habitat complexity
0-6
0-6
0-6
0
F i
,{
(little or no habitat = 0; frequent, varied habitats = max points)
18
Canopy coverage over streambed
0-5
0-5
0-5
2
(no shading vegetation = 0; continuous canopy = max points)
19
Substrate embeddedness
NA*
0-4
0-4
(deeply embedded = 0; loose structure = max)
20
Presence of stream invertebrates (see page 4)
0-4
0-5
0-5
0
(no evidence = 0; common, numerous types = max points)
21
Presence of amphibians
0-4
0-4
0-4
0
O
(no evidence = 0; common, numerous types = max points)
22
Presence of fish
0-4
0-4
0-4
0
(no evidence = 0; common, numerous types = max points)
23
Evidence of wildlife use
0-6
0-5
0-5
0
(no evidence = 0; abundant evidence = max points)
Total Points Possible
100
100
100
TOTAL SCORE (also enter on first page)
33
* These characteristics are not assessed in coastal streams.

Notes on Characteristics Identified in Assessment Worksheet
1. Consider channel flow with respect to channel cross-sectional area (expected flow), drainage area, recent precipitation, potential
drought conditions, surrounding land use, possible water withdrawals, presence of impoundments upstream, vegetation growth in
channel bottom (as indicator of intermittent flow), etc.
2. Human -caused alterations may include relocation, channelization, excavation, riprap, gabions, culverts, levees, berms, spoil piles
adjacent to channel, etc.
3. The riparian zone is the area of vegetated land along each side of a stream or river that includes, but is not limited to, the
floodplain. Evaluation should consider width of riparian area with respect to floodplain width, vegetation density, maturity of
canopy and understory, species variety, presence of undesirable invasive species (exotics), breaks (utility corridors, roads, etc.),
presence of drainage tiles, logging activities, other disturbances which negatively affect function of the riparian zone.
4. Evidence of nutrient or chemical discharges includes pipes, ditches, and direct draining from commercial and industrial sites,
agricultural fields, pastures, golf courses, swimming pools, roads, parking lots, etc. Sewage, chlorine, or other foul odors,
discolored water, suds, excessive algal growth may also provide evidence of discharge.
5. Groundwater discharge may be indicated by persistent pools and saturated soils during dry weather conditions, presence of
adjacent wetlands, seeps, and springs feeding channel, reduced soils in channel bottom.
6. Presence of floodplains may be determined by topography and the slope of the land adjacent to the stream, terracing, the extent of
development within the floodplain, FEMA designation if known, etc.
7. Indicators of floodplain access include sediment deposits, wrack lines, drainage patterns in floodplain, local stream gauge data,
testimony of local residents, entrenchment ratio, etc. Note that indicators may relic and not a result of regular flooding.
8. Wetland areas should be evaluated according to their location, size, quality, and adjacency relative to the stream channel, and
may be indicated by beaver activity, impounded or regularly saturated areas near the stream, previous delineations, National
Wetland Inventory maps, etc. (Wetlands must meet criteria outlined in 1987 delineation manual and are subject to USACE approval.)
9. Channel sinuosity should be evaluated with respect to the channel size and drainage area, valley slope, topography, etc.
10. To evaluate sediment deposition within the channel consider water turbidity, depth of sediment deposits forming at point bars and
in pools, evidence of eroding banks or other sediment sources within watershed (construction sites, ineffective erosion controls). In
rare cases, typically downstream of culverts or dams, a sediment deficit may exist and should be considered in scoring.
11. When looking at channel substrate, factor in parent material (presence of larger particles in soil horizons adjacent to the stream), average
size of substrate (bedrock, clay/silt, sand, gravel, cobble, boulder, etc.), and diversity of particle size (riprap is excluded).
12. Indications of channel incision and deepening may include a v -shaped channel bottom, collapsing banks, evidence of recent
development and increased impervious surface area resulting in greater runoff in the watershed.
13. Evaluation should consider presence of major bank failures along the entire reach under evaluation, including uprooted trees on
banks, banks falling into channel, formation of islands in channel as they widen, exposed soil, active zones of erosion, etc.
14. Increased root depth and density result in greater bank stability. Consider the depth and density that roots penetrate the bank
relative to the amount of exposed soil on the bank and the normal water elevation.
15. Assessment of agriculture, livestock, and/or timber production impacts should address areas of stream bank destabilization,
evidence of livestock in or crossing stream, loss of riparian zone to pasture or agricultural fields, evidence of sediment or high
nutrient levels entering streams, drainage ditches entering streams, loss of riparian zone due to logging, etc.
16. Riffle -pool steps can be identified by a series of alternating pools and riffles. Abundance, frequency, and relative depth of riffles
and pools should be considered with respect to topography (steepness of terrain) and local geology (type of substrate).
Coastal plain streams should be evaluated for the presence of ripple -pool sequences. Ripples are bed forms found in sand bed
streams with little or no gravel that form under low shear stress conditions, whereas, dunes and antidunes form under moderate
and high shear stresses, respectively. Dunes are the most common bed forms found in sand bed streams.
17. Habitat complexity is an overall evaluation of the variety and extent of in -stream and riparian habitat. Types of habitat to look
for include rocks/cobble, sticks and leafpacks, snags and logs in the stream, root mats, undercut banks, overhanging vegetation,
pool and riffle complexes, wetland pockets adjacent to channel, etc.
18. Evaluation should consider the shading effect that riparian vegetation will provide to the stream during the growing season. Full
sun should be considered worst case, while good canopy coverage with some light penetration is best case.
19. Stream embeddedness refers to the extent that sediment that has filled in gaps and openings around the rocks and cobble in the
streambed. The overall size of the average particle in the streambed should be considered (smaller rocks will have smaller gaps).
20. Evaluation should be based on evidence of stream invertebrates gathered from multiple habitats. Scores should reflect
abundance, taxa richness, and sensitivity of stream invertebrate types. (see attached examples of common stream invertebrates on page
4).
21. Evaluation should include evidence of amphibians in stream channel. Tadpoles and frogs should receive minimum value, while
salamanders, newts, etc. may be assigned higher value.
22. Evaluation of fish should consider the frequency and, if possible, the variety of different fish taxa observed.
23. Evaluation of wildlife should include direct observation or evidence (tracks, shells, droppings, burrows or dens, hunting stands, evidence
of fishing, etc.) of any animals using the streambed or riparian zone, to include small and large mammals, rodents, birds, reptiles,
insects, etc.

Common Stream Invertebrates
Sensitive Taxa — Pollution sensitive organisms that may be found in good quality water.
Caddisfly
Mayfly
Stonefly
Dobsonfly
Riffle Beetle
Water Penny
Gilled Snail
Somewhat Tolerant Taxa — Somewhat pollution tolerant organisms that may be found in good or
Beetle Larva
Clam
Crayfish Damselfly Nymph
Sowbug
Scud
Cranefly
N
Dragon Fly Nymph
Tolerant Taxa — Pollution tolerant organisms that may be found in anv quality water.
�r r
Blackfly Larva Leech Midge Fly Larva
r
` r
R 1 .
Aquatic Worm Pouch & Pond Snail
4

N!` If WA Cfraam Ulonififlonfinn Fnrm Vprcinn d_11
Date: 04/07/2014
ProJect/Site: Erickson Mathews
_ Latitude: 35.056371
Moderate
Evaluator: EPIC Nagy
County: Mecklenburg County
Longitude: _$0.720634
Total Points:
Stream is at least intermittent 9
if t 19 or perennial if a 30'
Stream DeterqAnafiDrQcIrcle one)
Ephemeral nterrnittent erennial
Other
e.g. Quad Name:
A. Geomorphology Subtotal = 5.0
Absent
Weak
Moderate
Strong
1"Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
0.5
2
3
__Q2
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool s uence
O
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
001
1.5
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
6. Headcuts
U
1
2
3
9. Grade control
0
1 0.5
1
1.5
10. Natural valley
0
1 0.5
1
1.5
11. Second or greater order channel
g4o
= 0
Yes = 3
artificial ditches are not rated; see discussions in manual
Q UJ r4_l^n I rca.11 4M4 i - An
12. Presence of Baseflow
13. Iron oxidizing bacteria
0
U
1
1
_
2
3
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0,5
1
1.5
17. Soil -based evidence of high water table?
0 0.5
0 0.5
C No = 0
Yes = 3
25. Algae
I- Rir.l- Ica -M.-.4-1 - 1 0
18. Fibrous roots in streambed
3 2
1
0
19. Rooted upland plants in streambed
3 2
1
0
20. Macrobenthos (note diversity and abundance)
0 1
2
3
21. Aquatic Mollusks
0 1
2
3
22. Fish
0 0.5
1
1.5
23. Crayfish
24. Amphibians
0 0.5
0 0.5
1
1
1.5
1.5
25. Algae
0 0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5
her -:LC
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Stream could not be surveyed for aquatic organisms due to a large precipitation event.
Sketch:
�"`

A legacy of experience. A reputation for excellence.
APPENDIX D
USFWS's Federally Listed Species Assessment Letter dated August 15, 2015

United States Department of the Interior
Ms. Amelia Harris
EMH&T
5500 New Albany Road
Columbus, Ohio 43054
Dear Ms. Harris:
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 14, 2015
Subject: Listed Species Assessment, Proposed Windsor Run Residential Retirement Community
Project, Adjacent McKee Road, in Matthews, Mecklenburg County, North Carolina
On July 21, 2015, we received your letter requesting our review and comments on the subject
project. Included with your letter was a copy of the Pre -Construction Notification for the
project. We have reviewed the information that you presented and the following comments are
provided in accordance with the provisions of the National Environmental Policy Act (42
U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C.
661-667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information presented, Windsor Run LLC is proposing to construct a residential
retirement community on a 114 -acre parcel of land. The site currently consists of open pasture
with areas of scrub/shrub habitat. Two livestock ponds are located on the site. Surrounding land
use is primarily residential developments. The project consists of constructing about 218
residential units, a central amenity building, and associated infrastructure including a new
sanitary sewer line to service the development. Construction of the project will result in impacts
to about 0.37 -acre of wetland and about 35 linear feet of stream channel.
Federally Listed Endangered and Threatened Species
According to our records and a review of the information presented, no listed species or their
habitats occur on the site. Therefore, we believe the requirements under section 7 of the Act are
fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a

manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.
Riparian Buffers
Because aquatic resources occur along the project site, we recommend that forested riparian
buffers be preserved and/or restored. Natural, forested riparian buffers are critical to the health
of aquatic ecosystems. We generally recommend that forested riparian buffers (a minimum
50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full
extent of the 100 -year floodplain, whichever is greater]) should be created and/or maintained
along all aquatic areas. Within the watersheds of streams supporting endangered aquatic species,
we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and
herbaceous vegetation and extend a minimum of 200 feet from the banks of all perennial
streams and a minimum of 100 feet from the banks of all intermittent streams, or the full extent
of the 100 -year floodplain, whichever is greater.)
Storm -water Management
An increase in development (residential, commercial, and industrial) results in a concomitant
increase in impervious surface area and thus a similar relational increase in storm -water runoff.
Impervious surfaces (such as roofs, roads, and parking lots) collect pathogens, metals, sediment,
and chemical pollutants and quickly transmit them (via storm -water runoff) to receiving waters.
According to the Environmental Protection Agency, this nonpoint-source pollution is one of the
major threats to water quality in the United States, posing one of the greatest threats to aquatic
life, and is linked to chronic and acute illnesses in human populations from exposure through
drinking water and contact recreation. Increased storm -water runoff also directly damages
aquatic and riparian habitat, causing stream -bank and stream -channel scouring. In addition,
impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream
flows during drought periods that can induce potentially catastrophic effects for fish, mussels and
other aquatic life.
Best management practices can reduce, but not eliminate, pollutant loadings of common
storm -water pollutants. Designs that collect runoff and allow it to infiltrate the soil have the
highest documented pollutant -removal efficiency, eliminating nearly all lead, zinc, and solids
and more than 50 percent of total phosphorous. Ponds and wetlands, which allow contaminants
to settle out of the water column or be broken down by sunlight and biological activity, can
remove more than 70 percent of bacteria. Where detention ponds are used, storm -water outlets
should drain through a vegetated area prior to reaching any natural stream or wetland area.
Detention structures should be designed to allow for the slow discharge of storm water,
attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment,
nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is
to protect streams and wetlands, no storm -water -control measures or best management practices
should be installed within any stream (perennial or intermittent), wetland or, when practicable,
riparian area.
Accordingly, we recommend that all new developments, regardless of the percentage of
impervious surface area they will create, implement storm -water retention and treatment
measures designed to replicate and maintain the hydrograph at the preconstruction condition in
2

order to avoid any additional impacts to habitat quality within the watershed. We also
recommend the use of low -impact -development techniques, such as reduced road widths, grassed
swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and
treating storm -water runoff rather than the more traditional measures, such as large retention
ponds, etc. Sufficient retention designs should be implemented to allow for the slow discharge
of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes;
and sediment, nutrient, and chemical discharges. These designs often cost less to install and
significantly reduce environmental impacts from development.
We recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can
be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and
store heat and allow the cooler soil below to cool the pavement (thus preventing heated water
from entering adjacent waterways). Additionally, pervious concrete requires less maintenance
and is less susceptible to freeze/thaw cracking due to large voids within the concrete. We also
recommend (if applicable), the incorporation a rooftop garden or any type of green rooftop into
the building construction plans. Green rooftops have many benefits, including: (a) keeping
buildings warmer by adding a layer of insulation to the roof and keeping buildings cooler by
allowing plants to take in water that evaporates into the atmosphere, resulting in lower heating
and cooling bills; (b) reducing the amount and improving the quality of storm -water runoff
because water is absorbed and filtered through plants and soil; and (c) improving overall air
quality by removing particulate matter from the air. This, along with the proposed storm -water
runoff collection devices that will be constructed, will dramatically decrease the amount and
increase the quality of storm -water runoff.
The North Carolina Wildlife Resources Commission has developed a "Guidance Memorandum
to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife
Resources and Water Quality" that we support and encourage you to use. It can be accessed via
the Internet as follows:
http://www.ncwildlife.org/pg07 wildlifespeciescon/pg7c3_impacts.pdf
Invasive Exotic Species
We are concerned with the introduction and spread of invasive exotic species in association with
the proposed project. Without active management, including the revegetation of disturbed areas
with native species, the project area will likely be a source for the movement of invasive exotic
plant species. Exotic species are a major contributor to species depletion and extinction, second
only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of
more than 40 percent of the animals and plants on the Federal List of Endangered and
Threatened Wildlife and Plants.' It is estimated that at least 4,000 exotic plant species and 2,300
exotic animal species are now established in the United States, costing more than $130 billion a
'Wilcove, D. S., D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species
in the United States. BioScience 48:607-615.
3

year to control.2 Additionally, the U.S. Government has many programs and laws in place to
combat invasive species (see www.invasivespecies.gov) and thus cannot spend money to counter
these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species
(February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it
believes are likely to cause or promote the introduction or spread of invasive species in the
United States or elsewhere." Despite their short-term erosion -control benefits, many exotic
species used in soil stabilization seed mixes are persistent once they are established, thereby
preventing the reestablishment of native vegetation. Many of these exotics plants are also
aggressive invaders of nearby natural areas, where they are capable of displacing already
established native species. Therefore, we strongly recommend that only native plant species be
used in association with all aspects of this project.
Thank you for allowing us to comment on this project. Please contact Mr. Bryan Tompkins of
our staff at 828/258-3939, Ext. 240, if you have any questions. In any future correspondence
concerning this project, please reference our Log Number 4-2-15-464.
Sincerely,
- - ot-iginal signed - -
Janet Mizzi
Field Supervisor
E -Copy: Mr. William Elliott, US Army Corps of Engineers, Asheville Regulatory Field Office
2Pimentel, D., L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
3 Lists of invasive exotic plants can be found at http://www.tneppc.org/and http://www.invasive.org/eastern/srs/on
the Internet.
a]

A legacy of experience. A reputation for excellence.
APPENIDIX E
NC SHPO GIS Mapper Review

Evans, Mechwart, Hambleton & Tilton, Inc.
Engineers, Surveyors, Planners, Scientists
January 20, 2017
David Shaeffer
Project Manager Geographer
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Ave, Room 208
Asheville, NC 28801
Subject: Windsor Run Senior Retirement Community, Town of Matthews, Mecklenburg County,
North Carolina
Dear Sir,
Windsor Run, LLC is proposing to construct an additional phase of the Windsor Run Senior
Retirement Community. The project site is located north of McKee Road and southwest of Pleasant
Plains Road in the Town of Matthews, Mecklenburg County, North Carolina. The project area is
primarily composed of a former cattle pasture with several areas of scattered trees. We are
seeking a Section 404 Permit through the US Army Corps of Engineers and a 401 Water Quality
Certification from the North Carolina Division of Water Quality for this construction.
We reviewed the information contained on the NC SHPO's GIS mapping application and failed
to identify any National Register properties on this project site. A single historic building was
located near the project area. The Farm Complex (MK3401) was located adjacent to the project
area at 2030 McKee Road. This small bungalow style house was built c.1925. No historic
buildings are currently present on the subject property.
Based on the information obtained, there do not appear to be any known National Register of
Historic Places sites located within or adjacent to the project area. Thank you in advance for
reviewing this document and I look forward to your response. If you should have any questions
concerning this project, please do not hesitate to email or call me at 614-775-4526 or email
[e-mail].
Respectfully,
EVANS, MECHWART, HAMBLETON & TILTON
U:
Joel Brown
Director of Cultural Resources Department

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CITY OF MATTHEW`S, MECKLENBURG COUNTY, NORTH CAROLINA
OEM Windsor Run
Location Map
Engineers • Surveyors • Plonners • Scientists Exhibit 1
5500 New Albany Road, Columbus, OH 43054,
Pnone:614.775.4500 Tall Free: 888.775.364E SCALE: 1" = 112 Mile
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CITY OF MATTHEW`S, MECKLENBURG COUNTY, NORTH CAROLINA
OEM Windsor Run
Location Map
Engineers • Surveyors • Plonners • Scientists Exhibit 1
5500 New Albany Road, Columbus, OH 43054,
Pnone:614.775.4500 Tall Free: 888.775.364E SCALE: 1" = 112 Mile
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CITY OF MATI-HEWS, MECKLENBURG COUNTY, NORTH CAROLINA
Windsor Run
USGS
Engineers - Surveyors - Planners - Scientists Topographic Map
5500 Now Albany Road, Columbus, 014 430.14Exhibit 2
Phone : [phone] Toll Free: 888.775.3648 SCALE: 11" 1. DDD'
F-1
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Engineers • Surveyors • Planners Scientists Exhibit 3
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Phone: [phone] 'Toll Free: 986:775.36-08 Source: NWI Wetlands - FWS, 2012:
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Exhibit 4. North Carolina State Historic Preservation Office GIS map showing the project area and previously recorded cultural resources near the project area.

A legacy of experience. A reputation for excellence.
APPENDIX F
November 2, 2015 Receipt for In -Lieu Fee Payment

Environmental
Quality
RECEIPT
November 2, 2015
Steven Montgomery
Windsor Run, LLC
701 Maiden Choice Lane
Baltimore, MD 21228
Project: Windsor Run Retirement Community
County: Mecklenburg
WQ permit #: 08-0350
COE#: 2014-02262
DMS#: 23907
Amount Paid: $35,600.50
Check Number: 1096
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the
above- referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to
DMS associated with the authorized activity as specified below have been satisfied. You must also comply with all other
conditions of this certification and any other state, federal or local government permits or authorization associated with this
activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the compensatory mitigation
requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as
specified in the permit. Mitigation responsibility assigned to the DMS is nontransferable. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
River Basin
HUC
Stream Credits
(linear feet)
Wetland Credits Buffer 1& II
(acres) (Sq. Ft.)
Catawba 03050103
Exp. Service Area
Cold
Cool Warm Riparian
Non -Riparian
I Coastal Marsh
0
0 0 0.37
0_1
0 0
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be
submitted in accordance with the Division's refund policy at www.nceep.net. If you have any questions or need additional
information, please contact Kelly Williams at [phone].
ncperely,
a lison
Director
cc: William Elliott, USACE- Asheville; Todd Tugwell, USACE-Raleigh
Amelia Harris, agent
!`''Nothing Compares:
State of North Carolina I Environmental Qualitv
1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919-707-8600

A legacy of experience. A reputation for excellence.
APPENDIX G
January 19, 2017 Acceptance into In -Lieu Fee Program

Mitigation Services
ENVIRONMENTAL QUALITY
Steven Montgomery
Windsor Run, LLC
701 Maiden Choice Lane
Catonsville, MD 21228
Project: Windsor Run
ROY COOPER
January 19, 2017
Expiration of Acceptance: July 19, 2017
County: Mecklenburg
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation
program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility
of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must
also comply with all other state, federal or local government permits, regulations or authorizations associated with
the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an
applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require
compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned
to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below.
River
Basin
CU Location
(8 -digit HUC)
Stream (feet) Wetlands (acres) Buffer I Buffer II
(Sq. Ft.) (Sq. Ft.)
Cold�ol Warm Riparian Non -Riparian
Coastal Marsh
Impact Catawba
03050103'
[:0 0 0.125 0
0 0 0
I he Qaiawpa us txpanaea 5erylce Area will be utilized for this impact
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation
will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC
02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any
questions or need additional information, please contact Kelly Williams at [phone].
cc: Eric Nagy -agent
Sincerely,
Ja s. B Stanfill
Ass anagement Supervisor
State of North Carolina Environmental Quality I Mitigation Services
1652 Mail Service Center � Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000
919 707 8976 T

A legacy of experience. A reputation for excellence.
EXHIBITS

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Windsor Run
Location Map
Engineers + Surveyors • Planners • Scientists Exhibit 1
550D New Albony Road. Columbus. CH 43054 SCALE, 1" = 1/2 Mile
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Windsor Run
Location Map
Engineers + Surveyors • Planners • Scientists Exhibit 1
550D New Albony Road. Columbus. CH 43054 SCALE, 1" = 1/2 Mile
Phone! 514.775.4500 Toll Free: 888.775.3548
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Engineers • Surveyors • Planners • Scientists USGS Topographic Map
5500 New Albany Road. Columbus, OH 43054Exhibit 2
Phone:[phone] Toll Free: $68.775.3648 SCALE: 1" = 1,000'
Feet
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Soils
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Soil Survey of Mecklenburg County
Exhibit 3
Feet
0 345 690 1,380
Source: Soils - SSURGO/NRCS, 201
Aerial - Mecklenburg County, 2013

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Cross -Sections
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lot �•� s��� Zone Type
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;rG'*,.' �+ + r 1.9 `_ :'�I r 1� 4yt rl e jr4, flood elevations determined.
Zone X (shaded) 500 year floodplain
Areas outside the
Zone X (unshaded):
3�:. ? '_I'� d elf 500 year floodplain
-
CITY OF MATTHEWS, MECKLENBURG COUNTY, NORTH CAROLINA
Windsor Run
Flood Insurance Rate Map
Engineers • Surveyors • Planners • Scientists Exhibit 4
55007 New Albany Road, Columbus„ OH 43054 SCALE: V = 700'
Phone: [phone] Toll Free: 888.775.3648 Feet Source: Floodplain - FEMA;
emht.com 0 350 700 1 400 Aerial - Mecklenburg County, 2013

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Q Project Location
L
w�' 2 "' O NWI Wetlands
o CITY OF MATTHEWS, MECKLENBURG COUNTY, NORTH CAROLINA
Windsor Run
o National Wetland Inventory Map
Engineers • Surveyors • Plonners • Scientists Exhibit 5
5500 New Albany Road, Columbus, OH 43054 SCALE: 1" = 700'
t
Phone: 61 4.775,45W Toll Free: 888.775.3648 Feet Source: NWI Wetlands - FWS, 2012;
CL emht.com 0 350 700 1,400 Aerial - Mecklenburg County, 2013

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A J
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Y
0,
6s
Oa - .
-A 374 L,eam`F,
Y
-4
Wetland
0-07 A cre \1
"A' Welland E
Acre 0.26 Acre
•
Wetlandof
0.23 Acre
Per�d '2'
111,11,"d '
0.50
Acre
7.37 Az,oc
Pond 'I"
0.66 A—
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CRIVIIIC SCALF,
inch - 200 feet

LEGEND
Proposed Existing
Right of way
Property Line
Parcel Line
— — — — Easement
Edge of Pavemtent
X Fence
Tree Protection Fence
Building Setback
Building
curb
Preserved Stream and SWIM Buffer
Impacted Wetlands
Undisturbed Wetlands
Impacted
Stream
and SWIM
Buffer (Stream Side)
Impacted
Stream
and SWIM
Buffer (Upland)All
i
/ roposed
Pond
\ RB
J
'Will
/- \ \
J
L
I 1 _mac
SA SA(� 1 \ \ \ �y \ y°
DSAS \ \ \ \ \ WINDSOR RUN, LLC
— _ — — PID # 22760105
rJ) \ \ \ \ \
o
4 -S SAS - SAS - -SAS-
35
SAS -
35 LF of
Stream Impacts
Impacted Stream
and SWIM Buffer
1,705 SF
(0.039 Ac.)
Undisturbed Stream
and SWIM Buffer
27,828 SF
(0.600 Ac.)
Wetland "D"
'RB 2.3 Total Area: 0.074 Ac.
Impacted: 0.074 Ac.
Undisturbed: 0.000 Ac.
-1c
2.0
�1—T- —
WINDSOR RUN, LLC
PID # 22760112
II
0 0
All"e
20' Stream SideBuffer
15' Upland Buffer — R I I� �I-yl 1 Fi�tK
_ 1 rl�I �I��l �I c do \ \ �J I
1 I I I Wetland »C» �g ti \
Total Area: 0.500 Ac. A�ti� I
I Impacted: 0.000 Ac. 74 o
Undisturbed: 0.500 Ac.
\ Wetland „B..
\
Totalpl Area: 0.232 Ac. I
Im acted: 0.147 Ac.
\ \ \ \ Ex. Pond
Top of Bank = 720.Undisturbed: 0.085 Ac. -�
00 Ex. Pond
\ \ NP = 715.00 NP = 728.00 I �� \ �'
Wetland "A" / \
2.4
MIA
f IrisMOM
L7
SAS
LN
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s 4�
C) 9s
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RB 1.4 s
7 7 7, 7 77
PROPOSED L L iftI .L .L L Lr i�'� I
�DEVEL.OPMENT � 1 1 a r------ --� - \� � ---� �/
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ell
a' / / \ � �� ✓ . �`� �'' \� / ' //
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0
X
,
X
a
� 2 \
A0tia
i v i rxL iIVii int. i I"A� l
WETLAND AREA = 0.495 Ac.
WETLAND "A"= 0.274 Ac.
WETLAND "B"= 0.147Ac.
WETLAND "C"= 0.000 Ac.
WETLAND "D"= 0.074 Ac.
TOTAL STREAM IMPACTS = 35 LF
TOTAL SWIM BUFFER IMPACTS = 0.039 Ac.
GRAPHIC SCALE
0 50 100 200
1 inch = 100 feet
Developer/Owner:
Add mare Living to your Life'
Evans, Mechwart, Hambleton & Tilton, Inc.
Engineers • Surveyors • Planners • Scientists
301 McCullough Dr., Ste. 109, Charlotte, NC 28262
Phone: [phone] Toll Free: 888.775.3648
Project Title:
Date:
em ht.com
,%%111 I I It///,
••EVANS.
MECHWART
rn ' HAMBLETON & • �p
TILTON, INC.
:. No. F-1016
OF NT
Issued for: 1
Project Number:
20160327
Sheet Title:
EXHIBIT 7
Scale: 1 "=100'
Sheet Number:
1

740
730
720
710
Scale: 1" = 20'
Developer/Owner:
Evans, Mechwart, Hambleton Milton, Inc.
Engineers • Surveyors • Planners • Scientists
301 McCullough Dr., Ste. 109, Charlotte, NC 28262
Phone: [phone] Toll Free: 888.775.3648
emht.com
Project Title:
Impacted Stream: 35 LF I I Q' 20' Stream Side Buffer
Impacted SWIM Buffer: 1,705 SF `I ��
(0.039 Ac.) 15' Upland Buffer
WINDSOR RUN
Undisturbed B �� �� B ,
Wetlands -
A p 0
1+00 1 114
Date: Issued for:
\ . V, January, 2016
Ll
Wetland "A" �^ coUndisturbed Stream
. Total Area: 0.462 Ac and SWIM Buffer
. Impacted: 0.274 Ac. 27,828 SF
. Undisturbed: 0.188 Ac. 9 ,, I (0.600 Ac.)
Ex. Wetland "A" Ex. Wetland "A"
Boundaries (ImDacted) Boundaries (Undisturbed)
SECTION A -A
Horizontal Scale: 1"= 20'
Vertical Scale: 1"= 10'
740
VA
6wel
1+00 1+25
730 1
7201
7101
7001
PLAN VIEW
Scale: 1" = 20'
--
Stream
ProClean Fill Ground 15' Upland 20' Stream 20' Stream 15' Upland
Material Buffer Side Buffer Side Buffer Buffer
Ex.
Ground 'I
--------- -- ---------------------------------------------------------------_--------------- -----
Prop. 8"
Sanitary Sewer
-0+25 0+00
SECTION B -B
Horizontal Scale: 1"= 20'
Vertical Scale: I"= 10'
730
720
710
700
1+00 1+25
CA
ARoC �ti9
MECHWART
rn • HAMBLETON & Zp
TILTON, INC.
No. F-1016 '
Project Number:
20160327
Sheet Title:
EXHIBIT 8
Scale: In = 201
Sheet Number: 1
1 / 1
I`'
I
�I
740
730
720
710
Scale: 1" = 20'
Developer/Owner:
Evans, Mechwart, Hambleton Milton, Inc.
Engineers • Surveyors • Planners • Scientists
301 McCullough Dr., Ste. 109, Charlotte, NC 28262
Phone: [phone] Toll Free: 888.775.3648
emht.com
Project Title:
Impacted Stream: 35 LF I I Q' 20' Stream Side Buffer
Impacted SWIM Buffer: 1,705 SF `I ��
(0.039 Ac.) 15' Upland Buffer
WINDSOR RUN
Undisturbed B �� �� B ,
Wetlands -
A p 0
1+00 1 114
Date: Issued for:
\ . V, January, 2016
Ll
Wetland "A" �^ coUndisturbed Stream
. Total Area: 0.462 Ac and SWIM Buffer
. Impacted: 0.274 Ac. 27,828 SF
. Undisturbed: 0.188 Ac. 9 ,, I (0.600 Ac.)
Ex. Wetland "A" Ex. Wetland "A"
Boundaries (ImDacted) Boundaries (Undisturbed)
SECTION A -A
Horizontal Scale: 1"= 20'
Vertical Scale: 1"= 10'
740
VA
6wel
1+00 1+25
730 1
7201
7101
7001
PLAN VIEW
Scale: 1" = 20'
--
Stream
ProClean Fill Ground 15' Upland 20' Stream 20' Stream 15' Upland
Material Buffer Side Buffer Side Buffer Buffer
Ex.
Ground 'I
--------- -- ---------------------------------------------------------------_--------------- -----
Prop. 8"
Sanitary Sewer
-0+25 0+00
SECTION B -B
Horizontal Scale: 1"= 20'
Vertical Scale: I"= 10'
730
720
710
700
1+00 1+25
CA
ARoC �ti9
MECHWART
rn • HAMBLETON & Zp
TILTON, INC.
No. F-1016 '
Project Number:
20160327
Sheet Title:
EXHIBIT 8
Scale: In = 201
Sheet Number: 1
1 / 1

A legacy of experience. A reputation for excellence.
PHOTOGRAPHS

A legacy of experience. A repotction for excellence.
Photograph 1
Overview of site showing the active development of Phase I on the site
(EMH&T 12/28/2016)
Photograph 2
Stream 1 in the northern portion of the site facing north
(EMH&T 12/7/2016)

A legacy of experience. A repotction for excellence.
Photograph 3
Wetland A in the northern portion of the site facing north
(EMH&T 12/7/2016)
Photograph 4
Wetland B in the northern portion of the site facing east
(EMH&T 12/7/2016)

A legacy of experience. A repotction for excellence.
Photograph 5
Pond and Wetland C in the northeast portion of the site facing northwest
(EMH&T 12/7/2016)
Photograph 6
Wetland D in the northern portion of the site facing west
(EMH&T 4/7/2014)